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

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

Vol. 148 WASHINGTON, THURSDAY, OCTOBER 17, 2002 No. 137—Part II Senate THE ECONOMY have kept that 60-vote requirement so see their constituents in California, as Mrs. BOXER. Mr. President, I under- we cannot completely destroy the I want to, or the Dakotas, where Sen- stand both leaders are now talking budget, which is what has been hap- ator CONRAD’s people are. about doing some important nomina- pening. The bottom line is, we said we would tions, and some of us are here to make As everyone in America knows, we stay until we got this done, and at sure that those happen. I will cease and went from a period of fiscal health least we got the Republicans to agree desist from speaking as soon as the under President Clinton to a position to do this through April. now where we are deep in debt. If we do leaders return and wish to conduct the This is what Federal Reserve Chair- not put some discipline back into our business of the Senate. In the mean- man Alan Greenspan said about the im- budget, it is only going to get worse. time, I thought it would be interesting portant rules we passed today: to sum up where we are and try to We also have retained, at least until focus some attention on this economy. April, a pay-as-you-go point of order so The budget enforcement rules are set to Today, the Senate did take a first that if, in fact, spending is increased in expire on September 30. Failing to preserve any way or the deficit goes up in any them would be a grave mistake . . . if we do step in addressing the economy, and not preserve the budget rules and reaffirm that is by trying to restore some dis- way, it can be offset, and that is very our commitment to fiscal responsibility, cipline to our budgetary process. important. years of hard effort could be squandered. Sadly, we had a holdup from the Re- Pay-as-you-go is something I have It is incredible to me that with that publican side which delayed us. As a been working on since my days in the kind of endorsement by Alan Green- matter of fact, the way we resolved it, House of Representatives, and it makes span—and all of us know how hard it as I understand it, is we did not extend a lot of sense. Most of our families these very important budget rules for a have to do that. If they decide, for ex- was to bring the budget into balance, year. We just did it until April. They ample, that they want to send their son to bring the deficit down, to start to have been extended until April, but at or daughter to an expensive college, reduce the national debt. It is incred- least we have some fiscal discipline they have to find extra money, they ible to me that our Republicans until April 15. have to figure out how they are going friends, who claim to be fiscal conserv- It amazes me that our friends on the to pay for it. All of America does it. We atives, were objecting to this. In fair- other side of the aisle talk about how ought to do it here. At least we were ness, we did have some of our friends conservative they are. They are cer- able to get that done through April 15. helping us get this through. There was tainly not very conservative when it I want to read what Alan Greenspan, an objection on that side of the aisle comes to balancing our budget and the Federal Reserve Chairman, has said that caused us not to be able to put the having some fiscal discipline. What we about the importance of putting this budget rules in place until April. were able to do today was to at least discipline back into our budget process. We did take the first step to restore reach an agreement until April 15 that First, I have to compliment Senator some kind of discipline to our budg- we will have a 60-vote requirement in CONRAD, who is the chairman of our eting which is necessary to see an eco- order to waive the points of order in Budget Committee, for leading us so nomic recovery. When we are out of the Senate if somebody wants to dip well, for fighting this battle and for control and we are losing control over into the Social Security trust fund, not giving up. It would have been very our budget, it carries over into the pri- tries to increase spending or increase easy for him to say, ‘‘forget about it,’’ vate sector. Eventually higher interest tax cuts, and completely abandon the and relent. People want to go home, rates will come about because there kind of fiscal discipline we need. So we they want to campaign, they want to will be a squeeze on lending.

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VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 4624 Sfmt 8633 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10632 CONGRESSIONAL RECORD — SENATE October 17, 2002 I will share some situations we are Retirement accounts are down, 401(k) higher interest costs for the govern- facing with the current economic situ- plans. Everyone—I have spoken to so ment. We have to borrow now to pay ation. We have many problems. This is many people—is afraid to open up their for the daily operations of the govern- just one of our problems. We are in a mail to see what has happened to their ment. We pay interest for that—bil- recession. We hope it will not be long 401(k)’s. They believe in this country. lions of dollars of interest that we can- term. We pray it will not be long term. We all know we will come back. But not spend investing in education, in- We know there are a lot of problems. right now it is a problem. vesting in our people, investing to Superimposed over all the economic If you are at retirement age right clean up our environment. Raiding So- problems is the fact that our workers now and you do not have the luxury to cial Security. are having to pay so much more for say, as a lot of people tell me, ‘‘Sen- We see record executive pay. That is their health insurance. By the way, ator, I will just work another 5 years,’’ not healthy for our country to have this goes for the small business people that is all well and good if you are that great disparity. I am all for suc- as well. healthy and can work another 5 years. cess. But I saw this runaway corporate From my family experience, we have But what is the ramification of that? irresponsibility in my State perhaps seen in small businesses the cost of Not only are you delaying this time of before others, a little company called health insurance rising enormously, your life you wanted to enjoy your Enron. Finally we are getting justice. and good employers who want to pay family, perhaps take a trip, you are Today we have the first news of a the premiums are looking at disastrous staying in the job market. That means guilty plea of a fellow very high up in increases in the cost of health care for younger people do not have the oppor- the chain. What did he admit to? Cre- their employees. Family coverage has tunity to move in. There are a lot of ating these scams to defraud the peo- risen 16 percent and single coverage ramifications when we see the stock ple, making phony electricity short- has risen 27 percent in the year 2002. If market down and the retirement ac- ages. He admitted to conspiracy, wire you have a good economy and jobs are counts down. That may not hit you at fraud. The bottom line is, names will plentiful, you can absorb this hit, but first glance. be named. These people receive record if you are seeing a recession, maybe Consumer confidence is down. The your job is not secure, maybe you are executive pay. minimum wage, when you take infla- A stagnating minimum wage. I see working fewer hours, you surely have a tion into account, is way down. On the my friend from Massachusetts, who has problem when you look at your nest other side of the aisle, my Republican egg, which is another problem we are been a lion on this point. Every day he friends do not want to raise the min- facing in terms of investments for re- is here, calling for our friends on the tirement. These increases are hurting imum wage. I ask how they can live on other side to let us pass a minimum our people and hurting them badly. $10,600 a year? They know it would be wage increase. I thank him for that be- Now a look at the bigger picture and very difficult. The minimum wage has cause we need his voice. We need it all what has happened under this Presi- not been raised in years. I don’t under- the time. The fact is, people are suf- dent’s watch. We have two arrows on stand their opposition. It is not only fering out there and our economy is this chart, an ‘‘up’’ arrow and a the right thing to do for our people, suffering because the people at the ‘‘down’’ arrow. It is miserable to look but we know people at that scale of the minimum wage have nothing to spend. at. Everything you want down is up economic ladder will spend. That will If they got a little increase, it would go and everything you want up is down. help restore this economy. They will go right into those local stores. So we are What is up on the economic indicators? down to the local store. They will very hopeful that maybe there will be a Job losses, way up; health care costs, spend that increase in the minimum change around here and maybe my way up; foreclosures, way up. People wage. friend from Massachusetts will hear are losing their homes. In America This administration believes you give the echoes from the other side of the today, the average American is just a tax cuts to the wealthiest and you will aisle, and maybe there will be more on few months away from not being able solve all the problems of the world. The this side. We don’t know what is going to make that mortgage payment if fact is the wealthy people do not spend to happen. they were to lose their job. The na- it. If they earn over a million a year, Mr. KENNEDY. Will the Senator tional debt, way up. We are seeing the they do not need it; they will not nec- yield? debt grow again after we thought we essarily spend it. Therefore, the econ- Mrs. BOXER. I will be happy to yield really had a plan to reverse it. Federal omy does not get a benefit; whereas, if to my friend. interest costs are going up. Social Se- you direct those tax cuts to the middle Mr. KENNEDY. When we think of the curity trust fund has been raided. The class, say the people even earning minimum wage, we too infrequently fact is our interest costs each year are $40,000, $50,000 or $60,000 a year or think of the people who are earning going up, and that means we do not lower, you will have an immediate im- that minimum wage. It has always have funds to spend on other things. pact. That is why I never understood been interesting to me that we are What is down in the Bush economic the ‘‘economic plan’’ of this adminis- willing to have those who are earning record? Economic growth is down. As a tration with all its tax breaks for the the minimum wage take care of some matter of fact, we took a look at the richest of the richest of the rich. It of those individuals who are the most GDP and it looks to us to be the worst does not help our economy. We know it precious to us and the most fragile. in 50 years when compared to other ad- does not. Look at our economy. This Many of the minimum-wage workers ministrations. Business investment is administration has been in for a couple work in child care settings and are tak- down. We know the stock market is of years now, and we have never had a ing care of the children while workers down. It is volatile. I used to be a worse economy. Their plan for every- are out there working, trying to pro- stockbroker many years ago. I have thing is cut taxes for the wealthiest vide for their families. Many of them never seen these gyrations. Where is people. It doesn’t work. Every indi- are working in schools with teachers. the bottom? We hope we have seen the cator you want to see down is up, and We know how important education is, bottom. Certainly we have a problem the opposite is true. and these minimum-wage workers are when we have an administration that John Adams said: Facts are stubborn working to assist teachers. Many of is talking about privatizing Social Se- things. They are stubborn, but they are them are working in nursing homes, to curity, when we see what has happened facts. And the American people have to try to help take care of parents and to the stock market. If we had turned look at the facts and look them in the grandparents who have made such a away from Social Security and we had eye and think about them. difference to this country. They have invested as a government in the stock The Bush economic record: Record fought in the wars and brought the market instead of safe government job losses; weak economic growth; de- country out of the Great Depression. bonds, where would we be with our sen- clining business investment; falling These are men and women of great iors today? Believe me, it would be a stock market; shrinking retirement ac- dignity. Even though these jobs are dif- disaster. I hope the American people counts; eroding consumer confidence; ficult and they are tough, they are pre- will think about that as they look at rising health care costs; escalating pared to do them because they take these economic indicators. foreclosures; vanishing surpluses and pride in their work. They are trying to

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 17, 2002 CONGRESSIONAL RECORD — SENATE S10633 provide for their families. All they are who are trying to provide for them- all the tax cuts to the top people just looking for is to be treated fairly. selves and for their children, on the don’t. It just doesn’t happen that way. I thank the good Senator from Cali- one hand, and complete callous dis- Mr. REID. Will the Senator yield for fornia for being such a strong sup- regard—and the preference and special a question? porter of the increase in the minimum privileges granted to another group— Mrs. BOXER. I am happy to do that. wage. This is an issue I think all Amer- this really flies in the face of what I Mr. REID. The Senator mentioned icans can understand. People who work think this society and this country is the creation of jobs during the 8 years hard, 40 hours a week, 52 weeks a year, really all about. President Clinton was in office. The should not continue to live in poverty I am sure the Senator understands Senator is aware, I am certain, that he, for themselves and their children in that the $1.50 increase in the minimum during his administration, created over this country of ours. Americans under- wage would affect nearly 9 million peo- 20 million new jobs. stand that. Why are we constantly de- ple in this country. It would represent What has happened during the first 2 years of the Bush administration is nied the opportunity to bring that one-fifth of 1 percent of the nation’s there have been over 2 million jobs measure up here on the floor of the payroll. That is what we are talking lost. A net gain of over 20 million jobs Senate, to permit the Senate of the about. under Clinton; already a net loss of 2 United States to at least vote on it? People say it is highly inflationary. million jobs under Bush. We are facing Republican opposition Of course, the economic studies show it Would the Senator comment on that? here, we were facing Republican oppo- is not because these are funds that are Mrs. BOXER. Yes. I have pointed out sition in the House of Representatives, spent by these minimum-wage workers. here, as has the Senator, my friend, and in the White House. This is some- It helps the economy. It helps stimu- and Senator DASCHLE, record job losses thing I find extraordinary. For years late the economy. These are Americans that we are seeing, the weakest eco- the increase in the minimum wage, as who will invest in the community. nomic growth. We all know stories. We the good Senator understands, was Wouldn’t you think we could say we read the headlines: 10,000 jobs lost here, never a partisan issue. It really only want to make sure people who are 5,000 there, 2,000 there. became a partisan issue after the 1980 working, providing for their families, I say to my friend from Nevada, be- election. Prior to that time, we had bi- will not be left out and left behind in hind every one of these record job partisan support for it. the richest nation of the world? losses is a personal story. It is not as if I thank the Senator for including We have Americans who are in the this administration is willing to give that in the Senator’s evaluation of the service fighting overseas. We have folks the tools to retrain. We on this economic record of this administra- heard the debates of war and peace. We side of the aisle have to fight every tion. The failure to provide that not have to ask, why are they the best? inch of the way to save programs that only denies us the economic stimulus The reason they are the best is not give people the tools to retrain. We that would be provided but also is a de- only that they have the best training, have had to fight the Bush administra- nial of fairness for a group of men and are the best equipped, and the best led, tion on the H–1B program—it is a won- women who work hard, play by the but because they have values. Those derful program that my friend has sup- rules, try to raise their children, and values also include fairness and de- ported along with me—to retrain peo- ought to be treated fairly. I thank the cency to their fellow human beings and ple. We have personal stories of those Senator. to their fellow workers. Fairness and people, where they have done so well Mrs. BOXER. Before the Senator decency to those workers includes the with worker retraining. We have to leaves, I have a question for him. raise in the minimum wage. fight every step of the way. Even with We have not seen an increase in the I thank the Senator. the free trade bill, there was a big minimum wage since 1996. This is going Mrs. BOXER. I thank my friend. He struggle to see if we could make part of on 7 years. Does it not amaze my friend has made, of course, a great moral ar- that, at least, some worker retraining. to see the passionate debate that hap- gument for increasing this minimum My friend is right. This is not only a pens here when our friends on the other wage. terrible record, it is a reversal from side of the aisle talk about giving tax I point out that in 1996 when we policies that were brought to us by a breaks worth 10 times more than what passed this—my friend from Nevada Democratic President, Bill Clinton, someone working at minimum wage for may well remember—my friends on the that brought us a wonderful economy 1 year would earn? In other words, for other side finally went along. Remem- and hope in our future. people earning a million dollars a year, ber, we had a Democratic President. I think it is important that our the Bush tax cut is going to be more They predicted we would have a ter- friends ask, What do you Democrats than $50,000 a year in their pocket. rible economy because we were raising want to do? I think Senator DASCHLE That is more than—well, how many the minimum wage. Oh, this was going laid that out. times more than $11,000? Maybe four to be a damper. This was going to be I want to spend a couple of minutes in closing by laying out what our solu- times. And our friends, we see them get awful. What happened? We had the tion is here. tears in their eyes worrying about the greatest economic recovery we have We took a step today—budget en- ever seen, the greatest economic boom people at the top of the economic lad- forcement. Here it is. We took a step. we have ever seen. der. We couldn’t get it for another year. We Yet they will not even give us a vote. Now, when we are making a plea to took it for as long as we could get it. I just cannot believe it, in this day and our colleagues that those who have It is going to take 60 votes—at least age, that we would have to wait so long carried this country through these through April—to raid the Social Secu- to do this little piece of economic jus- good times have fallen behind, they are rity trust fund again. It is going to tice. too busy thinking of ways to cut the take 60 votes to bleed this budget with- I wonder if my friend thinks about taxes for the people at the top. out paying for it. that. He and I talk about this as we I believe it is important to note, as So we did that. That is something watch our friends when there is a tax we look at this economic record and Alan Greenspan said we should do. cut to the wealthy few—the passion, how terrible it is, that there are a few What else can we do? the excitement, the dedication to this. actions we could take. Unemployment insurance. We have Yet we cannot get a vote for the people Yes, we did something today. We got people who are suffering because they at the bottom of the ladder. some budgetary discipline back into cannot find a new job in this terrible Mr. KENNEDY. The Senator makes this body today. I am proud we did recessionary period. They need an ex- an excellent point. I think she would that. But I say to my friends, there is tension of unemployment. Day after agree with me that, as our President lots we could do to change this pattern. day Democrats have been down here said, ‘‘We are one nation with one his- One is to change this stagnating min- asking, begging, cajoling, Can we not tory and one destiny. We are all really imum wage. Give a little boost to a few pass another extension? basically together.’’ people. They will turn around, spend it We can’t get it through. They do not Yet when we see this callous dis- at the corner store, have more dignity, want to raise the minimum wage. Peo- regard for working men and women and spark this economy in a way that ple can’t live on a minimum wage.

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10634 CONGRESSIONAL RECORD — SENATE October 17, 2002 They won’t expand unemployment the homeland, and if we do it right, we I could name every single one of them, insurance to help people get through will provide jobs and we will stimulate and I could give you their quotes. until they find a job. this economy. It all fits in with fiscal Maybe someone will do that later in What is their answer? More tax cuts relief to States, and that will help this the day. But every single member of for the rich. It doesn’t work. We tried economy. the economic team is in denial: Oh, ev- that. I didn’t vote for it, I am happy to We have even offered rebates and bet- erything is wonderful. The stock mar- say. But it passed here because most ter targeted business incentives. Why ket is turning around. Recession, we Presidents get 90 percent of what they do we give businesses incentives to run don’t have a recession. We have turned ask for. That is true of Democrat away off shore to avoid taxes? Let us the corner. Presidents and Republican Presidents. give them real incentives to invest, Maybe this is the reason they do not The President got it. real incentives to hire, and real incen- want to act on any of these issues. What have we seen as a result? Ter- tives if they retrain workers. They don’t want to raise the minimum rible times. I already talked about investments wage. They don’t care. They don’t want That is not the answer. Why doesn’t in homeland security. But I didn’t to give people unemployment insur- this President spend some time on the mention schools. ance. They do not care. They don’t care economy? Call Senator DASCHLE and We have schools that are falling about our States. It is unbelievable to say, Senator DASCHLE, you came over apart, Mr. President. I know how dedi- me. here to the White House to talk about cated you are to education. You and I Here is the bottom line. We are get- the war in Iraq. Congressman GEP- know there is a message sent to our ting ready to leave here for a few HARDT, the Democratic leader, you children when they go to school and weeks. The people of America are going came over here and talked about the there are tiles falling off the ceiling, to make their decisions. I just hope war on terror. We speak as one voice on the place is dirty, and you are breath- whatever side of the aisle they are foreign policy. Even if we have a few ing in mold. Some of these schools from, or whatever ideology they are disagreements along the way, we set haven’t been really touched in tens of from, whatever they are thinking, they them aside. Why don’t we have time to years. That is where our teachers are will assert their responsibility and vote talk about this economy, Mr. Presi- supposed to teach our children. in this election. This election is cru- dent? We Democrats believe you are send- cial. I have been saying we have to do for- ing a message when a child goes to a I meet people all the time who say, eign policy and economic policy. We department store and sees how beau- Oh, all the candidates are alike. No; have to do more than one thing at a tiful it is. There is a message there. It not true. If you broach any of these time. Now the President is doing two is a subtle message—or maybe it is not issues to people who may have touched things at one time—foreign policy and so subtle. Gee, this is important. But your heart, you will find people with campaigning. when the child goes to school, the place differing views. Call off those campaign trips, Mr. where they are going to get the Amer- You are never going to find anyone President. Let us have a little summit ican dream—I am the product of public with whom you agree 100 percent of the and talk about the need for unemploy- schools. I never went to a private time. But what happens in this Cham- ment insurance and have that to stim- school in my life, from kindergarten ber is dependent on the views of the ulate our economy so people get their through college. It is the way I got the American people. And this is an impor- money. skills I needed. tant time. Whether you agree with ev- Minimum wage. This man is a com- We need to invest in those schools. In erything I said, whether you agree with passionate man. I have seen compas- that investment, we will give a boost 50 percent of what I said, or if you dis- sion in his face. I know he has compas- to this economy. agree with me on everything I said, sion in his heart. Where is his compas- Investment in health research. How that is not important. sion for the people who are working at many people do we meet whose rel- It is important to understand what is the bottom of the ladder? Let us talk atives are suffering from Alzheimer’s, at stake right now. Are we going to about it, Mr. President. or cancer, or heart disease, or diabetes? move forward with an economic plan Fiscal relief to States. This adminis- We know we have a host of diseases— that addresses this economy while we tration is asking States to do a lot spinal cord injuries. We should invest engage in the challenge we were given after we were attacked on 9/11, and the in that science. That will help our peo- on September 11 and all the other for- States are trying their best. We have ple. It will lift our economy. eign policy challenges we face? I think been hit with recession. Where is the Pension reform. God knows we need we have no choice. We need to do more money for port security? Where is the pension reform. We can’t have a cir- than one thing at a time. We need to do money for airport security? Where is cumstance where people are relying on a lot of things. the money for chemical plant security? a pension, and when they are ready to (Ms. CANTWELL assumed the Chair.) Where is the money for nuclear plant retire it is not there. That is dev- Mrs. BOXER. I see my friend from security? We gave it to this President— astating. It is devastating to our whole Washington is now presiding. She and I and he refused to spend it—$5.1 billion country. The bottom line is we haven’t have worked very hard to preserve and for all those things. He is complaining done anything about pension reform. protect the environment of this coun- that we will not pass this reshuffling We haven’t attacked the problem. Our try. Not a day goes by that this admin- and this new Department, which I have friends on the other side of the aisle istration isn’t doing something to a lot of doubts about. You could do are not interested in it. That is a fact. weaken our environmental laws, more good by spending the $5.1 billion We now have to enforce the Cor- whether it is clean air or it is clean that we Democrats and Republicans porate Accountability Act. Harvey Pitt water. We all know what happened voted to spend under the emergency was supposed to appoint someone under with arsenic in the water. We stopped powers we have. the new board created in the Sarbanes that. But every day, in every way, they Instead of walking away from that, bill. It got a little too hot at the top are doing something to weaken laws. that would have helped our people in there for this man. It was too good, and Just the other day, in California, this local and State government. That they backed off. administration sided with the big auto would have helped our people by giving How can we get anywhere against companies. They are suing my State them protection. these people who are in these high posi- because my State wants clean air and We are offering people who live with- tions in corporate America if we don’t they want to see cars that emit less in 10 miles of a nuclear power plant an enforce our own laws? pollution. iodine pill in case they are exposed. This President needs a new economic Here is an administration that Wouldn’t you rather prevent something team. claims they love States rights, they from happening by making sure that I listen to the people who come here, love local control. Well, they love the plants are secure? and they talk about how great the States rights, and they love local con- All of these things are on point with economy is. It is a rosy scenario. They trol, unless they disagree with your the economy because we must protect do not even admit we have a problem. State at the moment or your locality

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 17, 2002 CONGRESSIONAL RECORD — SENATE S10635 at the moment. Then, suddenly, oh, the We have a Federal Communications tive regulation. Effective regulation by Federal Government: We are the ones Commission that is on the edge of the FCC in telecommunications policy who have to make the rules. making critically important decisions is critical to our future. So there is so much at stake. I just about the future of telecommuni- The market system is a system that took to the floor because I thought be- cations. These decisions will have a says to us that someone who portrays a fore we recessed, I might put it in the profound impact on a significant part judge on television—I will not name RECORD. I want to say, in relation to of our country. the judges. There are three or four of all these issues that are so very dif- Chairman Powell and others, I fear, them. I will name one—Judge Judy— ficult—the issue of war and peace, the are going to take action in a wide makes $7 million a year, I read in the issue of this economy, the issue of the range of areas that will have a signifi- paper. That is the market system. The environment, the issue of a woman’s cant impact on rural America. Mr. Chief Justice of the U.S. Supreme right to choose, that is under tremen- Copps is one commissioner fighting Court makes $180,000 a year. That is dous attack every day by this adminis- valiantly. His is a refreshing voice that the market system. A schoolteacher tration—and I should mention the hor- stands up for the interests of rural might make $30,000 or $40,000, and a rible time people in the Washington, America. But we now have this va- shortstop for the Texas Rangers may DC, area are going through because of cancy at the FCC for 13 months. make $250 million over 10 years. The a sniper out there—these are hard Mr. Jonathan Adelstein is a superbly market system. The market system is times, but a little light peeks through qualified candidate who should have wonderful. every once in a while. been there long ago and has been held I have studied economics, taught it, I thought I would end on an up note: up at a number of intersections with and been able to overcome it, however, Two of my teams in California are this process. and still lead a good life. I believe in going to the World Series. So even in On September 7, Gloria Tristani re- the market system. I think it is a won- these hard times, a little brightness signed the FCC. This is a Democratic derful thing. But it needs effective reg- shines through. For this Senator from seat. There are Republican and Demo- ulation, and it needs policymakers and California, I could not be more proud of cratic appointments. This is a Demo- regulatory authorities and regulatory these two teams from San Francisco cratic appointment. It took forever for bodies that have some common sense. and Anaheim. the White House to get his nomination I worry about the FCC and the deci- It is going to be very hard for me. to the Senate. The Commerce Com- sions they are about to make. At the What am I going to do? I have to root mittee on which I serve approved it and FCC, we need a full complement of for everybody. But whatever happens, reported it out on July 23. So 13 commissioners, and we need this slot California will win. And if I have my months after the vacancy was avail- filled—not tomorrow, not next week, way, once that is over, I want Cali- able, and 4 months after the Commerce not next year. We need this slot filled fornia to win on this economy, on the Committee took action on Jonathan now. We must find a way to overcome environment. I want the kids in my Adelstein’s nomination, that position this logjam on nominations. I am only State to have the best education, the is still vacant. We have one commis- speaking of this one because it is really best health care, the best life, the best sioner’s slot down at the FCC that is important in terms of telecommuni- shot at the American dream. unfilled. cation policy and future opportunities So after the World Series is over, and The voice of Mr. Adelstein could join and economic growth in rural States. after the elections are over, I will be that of Mr. Copps in speaking up, In the coming days and weeks, as we back here and I will be fighting for standing up, and fighting for rural in- reconvene following the election— those very things. terests for those millions of Americans which I understand will now be the I thank you very much, Madam who live in more sparsely populated week of November 12—my hope is we President. I yield the floor and suggest States and for whom telecommuni- can find a way to clear these nomina- the absence of a quorum. cations policy will be the difference of tions. I know Senator DASCHLE under- The PRESIDING OFFICER. The being on the right or wrong side of the stands that and has tried to do that. clerk will call the roll. digital divide, will mean whether you The Senate should do this, clear this The bill clerk proceeded to call the have economic opportunity and eco- nomination and other nominations roll. nomic growth or not. These policies are that have been waiting on the calendar Mr. DORGAN. Madam President, I critically important for all Americans for some long while. ask unanimous consent that the order but especially for Americans who live I yield the floor and suggest the ab- for the quorum call be rescinded. in my part of the country and in a sence of a quorum. The PRESIDING OFFICER. Without rural State. The PRESIDING OFFICER. The objection, it is so ordered. Think back to the 1930s, when we had clerk will call the roll. f a country in which if you lived out on The bill clerk proceeded to call the the farm, you had no electricity. No roll. FCC VACANCY one was going to bring electricity to Mr. DODD. Mr. President, I ask unan- Mr. DORGAN. Madam President, ear- the farm until public policy said, imous consent that the order for the lier today I spoke briefly about the through the REA program, we will quorum call be rescinded. nomination of Mr. Adelstein to serve as electrify America’s farms. We will have The PRESIDING OFFICER. Without a member of the Federal Communica- a Federal program and public policy objection, it is so ordered. tions Commission. I know that the two that says we will move electricity to f Senate leaders are working on nomina- all the small towns and family farms in tions to see if they could clear some our country. We did that, and we un- KEEPING CHILDREN AND today. I don’t know the final result of leashed productivity never before FAMILIES SAFE ACT that, but it now appears as if that will imagined. Mr. DODD. Mr. President, I want to not be the case. I want to speak not Some who are in a regulatory body take a few minutes to express my dis- about all of the nominations that are today have the mindset that if the appointment. I was going to call up awaiting confirmation by the Senate market system doesn’t provide for it, it some legislation that we have worked but only about this nomination. shall not be available. They would very hard on dealing with children, the This nomination doesn’t have so never have had an REA program. We Keeping Children and Families Safe much to do with the person I am speak- would still be having America’s farms Act. It was legislation approved by the ing of, Jonathan Adelstein, as it has to without electricity. We would not have Senate Health, Education, Labor, and do with the position at the Federal made the progress we did. But we have Pensions Committee in September, Communications Commission, a vacant people in these regulatory agencies about a month ago. I think it was spot that has been there over a year. who have this mindset. They worship adopted unanimously. It deals with That particular nomination is criti- at the altar of the market system. Lis- abused children. It reauthorizes the cally important especially to rural ten, the market system is a wonderful Child Abuse Prevention and Treatment States and rural areas. thing. I am all for it, but it needs effec- Act, better known as CAPTA.

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10636 CONGRESSIONAL RECORD — SENATE October 17, 2002 This is a piece of legislation that has worth this Senate’s time to spend a few I am heartened and confident that been around for a number of years. It minutes to pass some legislation that when Members look at the agreement, was a bipartisan bill that was intro- might save one child’s life this year? they will be satisfied we did a good job. duced by myself, Senators GREGG, KEN- Would that be wrong? I will quickly point out that like any NEDY, COLLINS, DEWINE, and WELL- I would not hesitate to say our allo- agreement involving 535 different peo- STONE, and approved unanimously by cation of time for an issue of that type, ple, not including the President of the voice vote. This is one of those bills the life of one child we might save, is United States, where there are divided with that kind of support out of the worthy of this Senate’s attention and institutions, as they are in the Senate committee, on a bipartisan basis, and time. and the other body, getting an agree- was done early enough that we thought It is with a high degree of sadness ment that one side or the other would we would have little difficulty in hav- that I report to my colleagues we are find entirely favorable is very unreal- ing this adopted as part of a unanimous going to have to wait for another day, istic. consent calendar, rather than engaging I guess, maybe later in the next Con- I went through a process with my in taking up the time of the Senate. gress, to do something. But when you good friend now from the State of Ohio, Unfortunately, I am told that any ef- pick up a newspaper over the next sev- BOB NEY, on election reform. We have fort to try to pass this legislation will eral months and read another child lost spent a lot of days, a lot of nights and be objected to. As such, I regret to in- their life as a result of abuse and ne- weekends working out that bill. form my colleagues that the Child glect, then you might look back on a There are those in this Chamber and Abuse Prevention and Treatment Act moment like this and wonder: Maybe the other Chamber who are not satis- reauthorization will just not get an en- this Congress, despite the time we fied with everything we did—I under- dorsement by this Congress. That is a spent on other issues of questionable stand why—but we never would have sad note indeed. value, could have found a few minutes achieved a bill had it been a bill to the Mr. President, about 3 million chil- to deal with this issue of child neglect total satisfaction of one side or the dren each year are abused in this coun- and abuse. other. I will say the same is going to be try. Close to 900,000 children were I regret to report to colleagues and true about terrorism insurance. found to be victims of child maltreat- others that this issue will have to wait I commend MIKE OXLEY, the chair- ment or abuse. for another day. Hopefully, the families man of the House Banking Committee, The most tragic consequence of child of some children will not have to look JIM SENSENBRENNER, and others who have worked on this legislation. maltreatment is death, obviously. The back and wonder whether or not if we I commend the White House and the most recent data available for the year acted, we might have saved a life or Treasury Department. 2000 show that 1,200 children died in saved a child from the lifetime scars I thank my colleague, Senator SAR- this country of abuse and neglect. Chil- that abuse and neglect can bring. BANES, who is the chairman of the dren younger than 6 years of age ac- Mr. President, I suggest the absence Banking Committee and chairman of counted for 85 percent of child fatali- of a quorum. the conference on terrorism insurance, ties, and children younger than 1 year The PRESIDING OFFICER. The Senator SCHUMER, Senator REED of of age accounted for 44 percent of child clerk will call the roll. Rhode Island, Senator GRAMM, Senator fatalities. The assistant legislative clerk pro- SHELBY, and Senator ENZI, all of whom What more tragic news could there ceeded to call the roll. have been conferees on the Senate side. be than a child, an infant—1,200 in this Mr. DODD. Mr. President, I ask unan- Certainly, their staffs have labored. country of ours—dying as a result of imous consent that the order for the I thank the majority leader’s office abuse and neglect? Here we are trying quorum call be rescinded. and the minority leader’s office. A lot to do everything we can to help bring The PRESIDING OFFICER (Mr. of people have worked on this bill. these numbers down. AKAKA). Without objection, it is so or- If I were asked whether this is the Just imagine the face of a young dered. bill I would write if I could write it child facing the horror of abuse and ne- f alone, I would say no. I am sure Chair- glect that goes on far too often. Unfor- TERRORISM INSURANCE man Oxley would say the same thing. tunately, despite the unanimous vote Were it his opportunity to write a bill out of the committee of jurisdiction, a Mr. DODD. Mr. President, as we are perfectly, he would write something bipartisan agreement to reauthorize in the closing hours of this session—I different than what we wrote. But we these dollars, to allow us to go forward am told there is some discussion about believe it is the best we could do under and deal with this situation, we are coming back after the election—we these circumstances. told: We are sorry, we cannot do this. have not yet reached a final agreement The terrorism insurance bill is about We do not have either the time or the on the terrorism insurance bill in the policyholders. It is about jobs. It is desire. sense that there are conference reports about an economic condition of a coun- I am deeply saddened by it. As a that are being read. Obviously, Mem- try that is faltering. While this pro- first-time father with a 1-year-old bers from this Chamber and the other posal is not going to solve all of those child, I cannot imagine anyone abusing Chamber have departed for their re- problems when there are a lot of people my daughter Grace. The idea that some spective districts and States. So de- out of work, a lot of construction child her age, some infant—1,200 of spite the long hours last night, the projects that have stopped, a lot of fine them around the country, according to early hours of this morning and today businesses and industries that cannot the statistics in the year 2000—lost to achieve the final signing of a con- get insurance and thus cannot borrow their lives, not to mention the several ference report, that particular effort money, then that contributes to an thousands more who are abused and has not been achieved yet. economic difficulty in the country survive but suffer the scars of that It is appropriate and proper to sug- which we are witnessing. abuse, and that the Child Abuse Treat- gest to those who are interested in the We have worked a long time to arrive ment and Prevention Act, which has subject matter that we are on the at a product we think can be construc- actually done a great deal to assist brink of a very good and strong agree- tive, one that the President could sign, families and communities in dealing ment dealing with terrorism insurance. and one that Members could support. with this issue is not going to have the Obviously, it is not finished until the Obviously, I do not know all of the sit- imprimatur approval, despite the unan- conferees of the Senate and the other uations in the other body, but I can say imous bipartisan agreement of the body sign the conference report, both that in this Senate we are going to committee, to bring that matter up for bodies then vote on a conference re- make a real effort to send this con- consideration by this body. port, and the President signs it. So ference report around and give Mem- The people who work in this area there are several steps to go after peo- bers a chance to read it. Frankly, we give tirelessly of their time and efforts ple who have worked on a product and wanted to have that done before the to go out and save a few lives. I am not submit it to all of our colleagues, par- close of business today, but when we suggesting we save all 1,200, but what if ticularly those who are on the con- were up until about 4 or 4:30 this morn- we save 20? What if we save 10? Is it ference, for their approval. ing, began again at 9:30 this morning,

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 17, 2002 CONGRESSIONAL RECORD — SENATE S10637 and did not finish the final product I have served in this Chamber in the SENATE BUSINESS until late this afternoon, it is unreal- minority by a significant number of Mr. DAYTON. I join my colleague istic to assume everyone could have seats, and I have served in the majority from Nevada in complimenting the read this, gone over it carefully, and by a significant number of seats. I have Senator from Connecticut on the pas- signed off on it. served in this Chamber, obviously, as sage of the election reform law. I had I regret we were unable to get that we all do today, when we have been the distinct pleasure and privilege to done, but I believe before the final evenly divided. Under any set of cir- sit in the chair to preside when this gavel comes down on this session, cumstances short of an overwhelming matter was debated and discussed whenever that is, the Congress of the number, measures need to be worked many months ago. As the Senator from United States will have a chance to ex- out with each other. We have to sit Connecticut has observed, no one could press its approval of this effort. down and resolve differences across have known then how long the ordeal I wish I could stand here and say that party lines. remained before they could bring the this is done. It is not, because we need The Senator from Nevada is a master conference report back this week. What those signatures on this conference re- at it. He was generous in his comments the Senator from Connecticut, the Sen- port. But I can say that those who have about the Senator from Connecticut. ator from Kentucky, and the Senator been involved in trying to craft it be- from Missouri accomplished on behalf lieve we have put together a good All of us admire the patience, the diligence, and the tenacity of Senator of the Senate and, more importantly, agreement. on behalf of the citizens of America, is Mr. REID. Will the Senator yield? REID. There is no one who fights harder Mr. DODD. I am happy to yield to the and spends more time every day to try extraordinary. Given all that has not Senator. to make things happen. There is no been brought to fruition in the final Mr. REID. This is more of a comment more frustrating job. days, the accomplishment the Senator than a question. The Senator from I found that out working on these brought to the Senate is an extraor- Connecticut has been on the floor this last two issues, and that was frus- dinary tribute to his endurance and his legislative skills. week for two very important reasons. trating enough. I am tired. I have been He was very gracious yesterday to One was to announce election reform, up several nights into the wee hours of commend all of the people who worked which is landmark legislation. No mat- the morning. I have talked about that so hard on this legislation—his col- ter how one looks at it, it is landmark 1-year-old daughter of mine. I have leagues and the staff across the aisle. legislation. Also, the Senator from been accused of trying to avoid some of He was too modest to compliment him- Connecticut has worked on this ter- the paternal responsibilities that come self. I join with the Senator from Ne- rorism insurance bill for more than a with a new child by legislating too late vada in saying that Senator DODD has year. at night. That is hardly the case. I can- performed an extraordinary service to The reason I mention this is that not wait to get home to her. there are no legislative winners or los- his Nation. We will—in Minnesota and I have admiration for Senator REID, ers. It is something that was done on a Hawaii and Connecticut and across the who does it every day, but for those bipartisan basis, each not getting ev- country—conduct better elections, who do this on occasion, it is very erything they wanted but coming up more reliable elections, elections hard. To do it every single day we are with a product that is good for the where citizens can vote and know the here takes a special talent and ability American people. votes will be counted and counted ac- The Senator is a veteran legislator. and commitment to this country. No curately. We all know that. But I really want to one embraces those qualities better His daughter Grace and his grand- spread on the RECORD of this Senate than the senior Senator from Nevada. children and my children and grand- how important it is to have someone I thank the Senator for the kind children will be the beneficiaries of such as the Senator from Connecticut words about the Senator from Con- those hours of hard work. I thank the who can work with people on the other necticut. But they can be said with Senator. I congratulate him for that side of the aisle to come up with a greater emphasis about the Senator extraordinary accomplishment. It is product for which no one can claim from Nevada. I am sorry we cannot one of the true highlights of our ses- credit. This is not a Democrat or Re- urge the adoption of a conference re- sion. publican victory with regard to elec- port on terrorism insurance. We will do Also, to follow up, I was presiding tion reform and terrorism insurance— that shortly sometime within the next when the Senator referred to a couple when that is approved, and I am con- few weeks. I am confident that before of pieces of legislation that were not fident it will be. It will not be a victory the Congress ends, enough Members, as enacted in this session. We will be fin- for the Democrats or the Republicans. they have already indicated in this ishing our work and perhaps coming It will be a victory for the American Chamber, will be willing to sign a con- back in November after the election, people. ference report, and hopefully the other with an agenda then that has not yet The way we were able to do so was Chamber will do the same. been determined and with prospects with patience, perseverance, and the Again, my compliments to the lead- that are unknown. I express my great expertise of the Senator from Con- ership of the other body and the leader- disappointment in some of the matters necticut. On behalf of the entire Sen- ship here for insisting we work to try that were not accomplished. When I was elected 2 years ago—so ate, the people of Nevada, who badly to get this done. It is never an easy job. this is my first session of Congress— need both pieces of legislation, and the You have to try to work things out. I perhaps I came with loftier expecta- rest of the country, I applaud the work thank the President of the United tions and perhaps less seasoned as- of the Senator from Connecticut. States, as well, and his very kind staff. Mr. DODD. Mr. President, I thank my sumptions of what could be accom- They worked very hard to keep us at colleague from Nevada for those very plished, especially given the opportuni- this. When a number of us became dis- gracious comments. I thank him for his ties that presented themselves less couraged on whether it was worthwhile efforts, as well as the very fine staff than 2 years ago when we arrived and spending anymore time, people at the people, on both the terrorism insurance were looking at these months of time, White House, legislative staff kept say- issue, which is an important question the trillions of dollars of resources ing: let’s stick with it and see if we in his State, and the election reform available to do the things that needed cannot come up with some answers. I bill. to be done. I think we have finally come to real- admire that tenacity and that commit- One of the promises I made to the ize—maybe it takes some of us longer ment. people of Minnesota during my cam- than others—that any product that is I look forward to the final passage of paign, which I took very seriously, was going to have much merit requires that this bill. It will happen, without any the passage of prescription drug legis- it be one reached on a bipartisan basis. doubt. It is just a matter of time. I lation to provide for coverage through The very fact that this institution is thank those involved in the process. Medicare or some other means, but my divided about as equally as it can be The PRESIDING OFFICER. The Sen- own view was, through the Medicare demands that. ator from Minnesota. Program for senior citizens throughout

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10638 CONGRESSIONAL RECORD — SENATE October 17, 2002 Minnesota, I am sure Hawaii and else- ence, know how this process works; why it is and who it was behind this where, have been ravaged by these ris- also, unfortunately, masters of the delay and this obstruction, and hold ing prices, by their inability to control process who know how to prevent it those individuals to account when they the costs, by the need, as I have discov- from working and how to obstruct and visit the voting booth in the next occa- ered in my age, to require more pre- delay it. sion. scription medication. The benefits of I have watched since the beginning of With that, I wish the President a those medications are lifegiving, life- this year, time after time the efforts of good evening, and I yield the floor. saving, life-enhancing for millions of the majority leader, my good friend I suggest the absence of a quorum. Americans. from the neighboring State of South The PRESIDING OFFICER. The However, for our elderly population, Dakota, who has the responsibility as clerk will call the roll. they are literally the difference be- leader of our majority caucus to try to The legislative clerk proceeded to tween life and death. They are literally schedule and move legislation forward. call the roll. Mr. REID. Mr. President, I ask unan- the difference, time after time, be- I have seen time after time that he has imous consent that the order for the tween being able to enjoy their lives, not been given the agreement nec- quorum call be rescinded. rather than being consigned to pain essary. In the Senate, it takes, as you The PRESIDING OFFICER. Without and suffering, and infirmity that no know, unanimous consent. It takes all objection, it is so ordered. one should be subjected to, certainly 100 of us to agree individually just to f not in your last months or years of bring up a matter of legislation. With- your life. We had all these good inten- out that unanimous consent, we have EXECUTIVE SESSION tions. If we totaled the assurances to go through a procedure that then re- Members made from both sides of the quires the majority leader to file clo- NOMINATIONS DISCHARGED AND aisle when they sought election or re- ture. Then it takes 2 more days before PLACED ON THE CALENDAR election that year, we would have had we can vote on proceeding, just going a unanimous agreement that this legis- ahead to take up a piece of legislation. Mr. REID. Mr. President, I ask unan- lation was overdue, was badly needed, Time after time we have had to go imous consent that the Senate proceed and we might have had some dif- through that process. The majority to executive session and that the HELP ferences of views as to how it was going leader has had to follow it. I believe, if Committee be discharged from further to be enacted. we tallied up all those days that we consideration of the following nomina- But when I came here in January of have been obstructed and delayed from tions: Robert Battista to be a member 2001 I felt as certain as I felt about any- just considering legislation in this of the NLRB; Wilma Liebman to be a thing that we would pass that legisla- body, it would be 50 or 60 during the member of the NLRB; Peter tion and we would have that moment last year alone. That is 10 to 12 weeks Schaumber to be a member of the that Senator DODD enjoyed yesterday, of time. That is 21⁄2 to 3 months of time NLRB; Joel Kahn to be a member of to bring back to the Senate a con- that we have not been able to conduct the National Council on Disability; Pa- ference report, something that was the people’s business, where we tricia Pound to be a member of the Na- agreed upon by the House, by the couldn’t consider legislation, where we tional Council on Disability; Linda White House, and by the Senate, and couldn’t bring up amendments and vote Wetters to be a member of the National we could pass it and go back and proud- them up or down. Council on Disability; David Gelernter ly tell our fellow citizens we had done Here we are now just at a point of re- to be a member of the National Council the job they sent us to do. cess or adjournment or whatever it is of the Arts; Allen Greene, Judith I am terribly distraught and dis- going to be, and we have not passed Rapanos, Maria Guillemard, Nancy appointed and disillusioned. I feel apol- prescription drug coverage for seniors, Dwight, Peter Hero, Sharon Walkup, ogetic to the citizens of Minnesota, to we have not extended unemployment and Thomas Lorentzen to be members the senior citizens who placed their benefits but once. I believe we have of the National Museum Services trust in me and sent me here. I remem- tried two or three other times to do so. Board; Juan Olivarez to be a member of ber one elderly woman in Duluth, MN, We have not been able to get to so the National Institute for Literacy Ad- in the northeastern part of our State, many things the people of Minnesota visory Board; James Stephens to be a about half my size and twice my age, depended on me to provide and I think member of the Occupational Safety who spoke to me in December of the the people of America were looking for and Health Review Commission; Peggy year 2000 just before I came here. She from all of us. Goldwater-Clay to be a member of the looked at me after I visited her with So as we are in these closing mo- Board of Trustees for the Barry Gold- her and her friends. She said, If you do ments, and as Senator DODD from Con- water Scholarship Excellence in Edu- not keep your promises, I will take you necticut has brought attention to some cation Foundation; and Carol Gambill out behind the woodshed for an old- of the unfinished business before us, I to be a member of the National Insti- fashioned thrashing. wanted to highlight some of that my- tute for Literacy, and that the nomina- I don’t dare go back to Duluth, MN, self and to say, the Good Lord willing, tions be placed on the Executive Cal- after our failure to pass this legisla- I will be back here, whether it is in No- endar. The PRESIDING OFFICER. Without tion. I think in some ways this whole vember or December or January of objection, it is so ordered. process that we failed to master, if not next year or the new session of Con- ourselves, individually, the failure of gress. I wish we would have been able f this entire endeavor, needs an old-fash- to leave here with much more accom- NOMINATION DISCHARGED AND ioned thrashing. It is shameful we have plished. Those who are out there won- REFERRED TO COMMITTEE ON not enacted that legislation on behalf dering, who do not want excuses or ex- GOVERNMENTAL AFFAIRS of seniors in Minnesota and every- planations, who want real results, Mr. REID. Mr. President, I ask unan- where. which they should have, who want pro- imous consent that the HELP Com- It is only one instance, unfortu- grams that will benefit them, who mittee be discharged of the nomination nately, where this failure to enact the want help when they need it, who want of John Higgins to be the Inspector people’s business occurred in this body. improvements in their lives—if they General for the Department of Edu- I have presided over this Senate more really want to understand why we are cation and that it be referred to the hours in the last 2 years than anyone, leaving some of these matters undone, Governmental Affairs Committee for save my colleague, Senator CARPER, of I invite their calls. I would be happy to the statutory time limitation. Delaware, and it has been in most re- discuss those matters with them. The PRESIDING OFFICER. Without spects a very enjoyable, fascinating, They should look, as I say, and count objection, it is so ordered. and certainly educational experience the number of days we have had to f as a new Member of the Senate to see wait to let the clock tick so we could firsthand what occurs here and how follow the rules of the Senate just to EXECUTIVE CALENDAR these matters are handled. The masters move on to another matter. Then I Mr. REID. Mr. President, I ask unan- of the Senate, through years of experi- would recommend they ask themselves imous consent that the Senate proceed

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 17, 2002 CONGRESSIONAL RECORD — SENATE S10639 to executive session to consider the fol- tion of importance and responsibility under Cook, which nominations were received by lowing nominations: Calendar Nos. title 10, U.S.C., section 601: the Senate and appeared in the Congres- 1130, 1134, 1136, 1138, 1139 through 1146, To be lieutenant general sional Record of October 8, 2002. and the nominations placed on the Sec- Maj. Gen. James T. Conway, 0000 ARMY PN2221 Army nomination of Scott T. Wil- retary’s desk; that the nominations be NAVY liam, which was received by the Senate and confirmed, the motions to reconsider The following named officer for appoint- appeared in the Congressional Record of Oc- be laid upon the table, the President be ment in the United States Navy to the grade tober 1, 2002. immediately notified of the Senate’s indicated while assigned to a position of im- PN2222 Army nomination of Erik A. Dahl, action and that any statements per- portance and responsibility under title 10, which was received by the Senate and ap- taining thereto be printed in the U.S.C., section 601: peared in the Congressional Record of Octo- RECORD, with the preceding all occur- To be vice admiral ber 1, 2002. PN2241 Army nomination of James R. Rear Adm. Lowell E. Jacoby, 0000 ring with no intervening action or de- Kimmelman, which was received by the Sen- bate. The following named officer for appoint- ate and appeared in the Congressional The PRESIDING OFFICER. Without ment in the United States Navy to the grade Record of October 8, 2002. objection, it is so ordered. indicated while assigned to a position of im- PN2242 Army nomination of John E. John- The nominations were considered and portance and responsibility under title 10, ston, which was received by the Senate and confirmed as follows: U.S.C., section 601: appeared in the Congressional Record of Oc- To be vice admiral tober 8, 2002. DEPARTMENT OF HEALTH AND HUMAN SERVICES PN2243 Army nominations (5) beginning Rear Adm. David L. Brewer, III, 0000 Mark B. McClellan, of the District of Co- Janet L. Bargewell, and ending Mitchell E. lumbia, to be Commissioner of Food and NOMINATIONS PLACED ON THE SECRETARY’S Tolman, which nominations were received by Drugs, Department of Health and Human DESK the Senate and appeared in the Congres- Services. AIR FORCE sional Record of October 8, 2002. PN2244 Army nominations (5) beginning CENTRAL INTELLIGENCE PN2208 Air Force nomination of James M. Leland W. Dochterman, and ending Douglas Scott W. Muller, of Maryland, to be Gen- Knauf, which was received by the Senate and appeared in the Congressional Record of Oc- R. Winters, which nominations were received eral Counsel of the Central Intelligence by the Senate and appeared in the Congres- Agency. tober 1, 2002. PN2209 Air Force nomination of Gary P. sional Record of October 8, 2002. PN2245 Army nominations (6) beginning AIR FORCE Endersby, which was received by the Senate Glenn E. Ballard, and ending Marion J. Yes- The following named officer for appoint- and appeared in the Congressional Record of ter, which nominations were received by the ment in the United States Air Force to the October 1, 2002. Senate and appeared in the Congressional grade indicated while assigned to a position PN2210 Air Force nomination of Mark A. Record of October 8, 2002. of importance and responsibility under title Jeffries, which was received by the Senate PN2246 Army nomination of Robert D. 10, U.S.C., section 601: and appeared in the Congressional Record of Boidock, which was received by the Senate To be lieutenant general October 1, 2002. and appeared in the Congressional Record of PN2211 Air Force nomination of John P. Lt. Gen. Glen W. Moorehead, III, 0000 October 8, 2002. Regan, which was received by the Senate and PN2247 Army nomination of Dermot M. The following officer for appointment in appeared in the Congressional Record of Oc- Cotter, which was received by the Senate the United States Air Force to the grade in- tober 1, 2002. and appeared in the Congressional Record of dicated under title 10, U.S.C., section 624: PN2212 Air Force nomination of John S. October 8, 2002. To be brigadier general McFadden, which was received by the Senate PN2248 Army nomination of Connie R. Col. Frederick F. Roggero, 0000 and appeared in the Congressional Record of Kalk, which was received by the Senate and October 1, 2002. appeared in the Congressional Record of Oc- ARMY PN2213 Air Force nomination of Larry B. tober 8, 2002. The following named officer for appoint- Largent, which was received by the Senate PN2249 Army nomination of Michael J. ment in the United States Army to the grade and appeared in the Congressional Record of Hoilen, which was received by the Senate indicated while assigned to a position of im- October 1, 2002. and appeared in the Congressional Record of portance and responsibility under title 10, PN2214 Air Force nomination of Frank W. October 8, 2002. U.S.C., section 601: Palmisano, which was received by the Senate PN2250 Army nomination of Romeo Ng, To be general and appeared in the Congressional Record of which was received by the Senate and ap- Lt. Gen. Burwell B. Bell, III, 0000 October 1, 2002. peared in the Congressional Record of Octo- PN2215 Air Force nominations (2) begin- ber 8, 2002. The following named officer for appoint- ning David S. Brenton, and ending Brenda K. PN2267 Army nominations (71) beginning ment in the United States Army to the grade Roberts, which nominations were received by Judy A. Abbott, and ending Dennis C. indicated while assigned to a position of im- the Senate and appeared in the Congres- Zachary, which nominations were received portance and responsibility under title 10, sional Record of October 1, 2002. by the Senate and appeared in the Congres- U.S.C., section 601: PN2216 Air Force nominations (2) begin- sional Record of October 10, 2002. To be lieutenant general ning Cynthia A. Jones, and ending Jeffrey F. PN2268 Army nominations (48) beginning Maj. Gen. Robert W. Wagner, 0000 Jones, which nominations were received by Jose Almocarrasquillo, and ending Matthew L. Zizmor, which nominations were received The following named officer for appoint- the Senate and appeared in the Congres- sional Record of October 1, 2002. by the Senate and appeared in the Congres- ment in the United States Army to the grade sional Record of October 10, 2002. indicated while assigned to a position of im- PN2217 Air Force nomination of Mario G. Correia, which was received by the Senate PN2269 Army nominations (42) beginning portance and responsibility under title 10, Arthur L. Arnold, Jr., and ending Mark S. and appeared in the Congressional Record of U.S.C., section 601: Vajcovec, which nominations were received October 1, 2002. by the Senate and appeared in the Congres- To be lieutenant general PN2218 Air Force nomination of Michael L. sional Record of October 10, 2002. Maj. Gen. Richard A. Hack, 0000 Martin, which was received by the Senate PN2270 Army nominations (41) beginning The following Army National Guard offi- and appeared in the Congressional Record of Adrine S. Adams, and ending Maryellen cers for appointment in the Reserve of the October 1, 2002. Yacka, which nominations were received by Army to the grades indicated under title 10, PN2219 Air Force nominations (2) begin- the Senate and appeared in the Congres- U.S.C., Section 12203: ning Xiao Li Ren, and ending Jeffrey H. sional Record of October 10, 2002. Sedgewick*, which nominations were re- To be major general FOREIGN SERVICE ceived by the Senate and appeared in the Brigadier General George A. Buskirk, Jr., Congressional Record of October 1, 2002. PN1894 Foreign Service nominations (139) 0000 PN2220 Air Force nominations (3) begin- beginning Dean B. Wooden, and ending Clau- The following Army National Guard of the ning Thomas A. Augustine III*, and ending dia L. Yellin, which nominations were re- United States officer for appointment in the Charles E. Pyke*, which nominations were ceived by the Senate and appeared in the Reserve of the Army to the grade indicated received by the Senate and appeared in the Congressional Record of June 21, 2002. under title 10, U.S.C., section 12203: Congressional Record of October 1, 2002. PN1893–1 Foreign Service nominations (132) beginning Deborah C. Rhea, and ending Ash- To be major general PN2229 Air Force nominations (39) beginning Errish Nasser G. Abu, and ending Er- ley J. Tellis, which nominations were re- Brig. Gen. David C. Harris, 0000 nest J. Zeringue, which nominations were received by the Senate and appeared in the Congressional Record of June 21, 2002. MARINE CORPS ceived by the Senate and appeared in the The following named officer for appoint- Congressional Record of October 4, 2002. NOMINATION OF MARK MC CLELLAN ment in the United States Marine Corps to PN2240 Air Force nominations (2) begin- Mr. KENNEDY. Dr. McClellan has an the grade indicated while assigned to a posi- ning Dana H. Born, and ending James L. impressive background. He is both

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10640 CONGRESSIONAL RECORD — SENATE October 17, 2002 economist and a physician. He is a ing voted in the affirmative, the reso- (2) NOTIFICATION OF THE SENATE OF CERTAIN member of the President’s Council of lution is agreed to. EUROPEAN COMMUNITY VOTES.—The President Economic Advisers and he is also a The resolution of ratification read as shall notify the Senate not later than 15 days major advisor on health policy to the follows: after any nonconsensus vote of the European Community, its member states, and the President today. He was an associate Resolved (two-thirds of the Senators present United States within the Assembly of the professor of economics and medicine at concurring therein), Madrid Union in which the total number of Stanford University. He also served as SECTION 1. ADVICE AND CONSENT TO ACCES- votes cast by the European Community and deputy assistant secretary in the De- SION TO THE MADRID PROTOCOL, its member states exceeded the number of SUBJECT TO AN UNDERSTANDING, member states of the European Community. partment of Treasury. And, best of all, DECLARATIONS, AND CONDITIONS. he received his medical degree, his doc- The Senate advises and consents to the ac- Mr. REID. Mr. President, I ask unan- torate in economics, and his master’s cession by the United States to the Protocol imous consent that any statements re- degree in public health at Harvard and Relating to the Madrid Agreement Con- lating thereto be printed in the MIT. cerning the International Registration of RECORD. This nomination to a major public Marks, adopted at Madrid on June 27, 1989, The PRESIDING OFFICER. Without health position is long overdue. Dr. entered into force on December 1, 1995 (Trea- objection, it is so ordered. ty Doc. 106–41; in this resolution referred to McClellan has the training, the experi- f ence, and the stature to serve as the as the ‘‘Protocol’’), subject to the understanding in section 2, the declarations in sec- LEGISLATIVE SESSION head of the country’s most important tion 3, and the conditions in section 4. Mr. REID. Mr. President, I ask unan- public health regulatory agency—an SEC. 2. UNDERSTANDING. agency that serves as the gold standard The advice and consent of the Senate imous consent that the Senate now re- for the rest of the world. under section 1 is subject to the under- turn to legislative session. FDA’s mission is to protect the pub- standing, which shall be included in the The PRESIDING OFFICER. Without lic health. Its mission affects more United States instrument of accession to the objection, it is so ordered. than a quarter of every dollar spent in Protocol, that no secretariat is established f the U.S. economy. The products that it by the Protocol and that nothing in the Pro- MORNING BUSINESS regulates—food, drugs, biologics, de- tocol obligates the United States to appro- vices supplements and cosmetics—af- priate funds for the purpose of establishing a Mr. REID. We are in morning busi- permanent secretariat at any time. fect public health and safety every day. ness, is that correct? The agency also has a long and dis- SEC. 3. DECLARATIONS. The PRESIDING OFFICER. The Sen- The advice and consent of the Senate ator is correct. tinguished history of serving the public under section 1 is subject to the following interest. It has a proud tradition of declarations: f promoting the public interest ahead of (1) NOT SELF-EXECUTING.—The United U.S. EFFORTS IN POST-CONFLICT special interests. It is an agency of States declares that the Protocol is not self- IRAQ skilled professionals who set high executing. standards and demand excellence from (2) TIME LIMIT FOR REFUSAL NOTIFICATION.— Mr. DASCHLE. Mr. President, early the industries it regulates. Pursuant to Article 5(2)(b) of the Protocol, last Friday morning, the Senate acted In this time of extraordinary medical the United States declares that, for inter- on the President’s request to grant him national registrations made under the Pro- authority to use force in Iraq. I joined breakthroughs and as new threats to tocol, the time limit referred to in subpara- public health arise, the FDA faces with a majority of my colleagues from graph (a) of Article 5(2) is replaced by 18 both sides of the aisle to support the enormous challenges. The American months. The declaration in this paragraph people increasingly depend on the FDA shall be included in the United States instru- resolution granting that authority, but to safeguard public health. Now is not ment of accession. made clear then and continue to be- the time for FDA to retreat from these (3) NOTIFYING REFUSAL OF PROTECTION.— lieve now that our vote was the first challenges, or surrender its authority Pursuant to Article 5(2)(c) of the Protocol, step in our effort to address the threat over public health. the United States declares that, when a re- posed by Iraq’s weapons of mass de- fusal of protection may result from an oppo- struction. In my statement before that Dr. McClellan has been nominated to sition to the granting of protection, such re- a position of great responsibility. I be- vote, I indicated the President faces fusal may be notified to the International several challenges as he attempts to lieve he will make a fine commissioner, Bureau after the expiry of the 18-month time one who will help lead the agency into limit. The declaration in this paragraph fashion a policy that will be successful the 21st century. shall be included in the United States instru- in our efforts against Saddam Hussein and his weapons of mass destruction. f ment of accession. (4) FEES.—Pursuant to Article 8(7)(a) of the One of those challenges is preparing PROTOCOL RELATING TO THE MA- Protocol, the United States declares that, in for what might happen in Iraq after DRID AGREEMENT—TREATY DOC- connection with each international registra- Saddam Hussein and preparing the UMENT NO. 106–41 tion in which it is mentioned under Article American people for what might be re- 3ter of the Protocol, and in connection with quired of us on this score. To that end, Mr. REID. I ask unanimous consent each renewal of any such international reg- that the Senate proceed to executive istration, the United States chooses to re- I was interested to see an article in session to consider Executive Calendar ceive, instead of a share in revenue produced Friday morning’s newspaper with the No. 1, the protocol relating to the Ma- by the supplementary and complementary title, ‘‘U.S. Has a Plan to Occupy Iraq, drid agreement; that the protocol be fees, an individual fee the amount of which Officials Report.’’ considered as having advanced through shall be the current application or renewal Citing unnamed administration offi- its parliamentary stages up to and in- fee charged by the United States Patent and cials, the article contends the adminis- cluding the presentation of the resolu- Trademark Office to a domestic applicant or tration is modeling plans for the eco- registrant of such a mark. The declaration in nomic and political reconstruction of tion for ratification, and that the un- this paragraph shall be included in the derstandings, declarations and condi- United States instrument of accession. Iraq on the successful efforts in post- tions be agreed to, and that the Senate SEC. 4. CONDITIONS. WWII Japan. The article goes on to re- now vote on the resolution of ratifica- The advice and consent of the Senate port that the Administration has yet tion. under section 1 is subject to the following to endorse a final position and this The PRESIDING OFFICER. Without conditions: issue had not been discussed with key objection, it is so ordered. (1) TREATY INTERPRETATION.—The Senate American allies. When questioned at a The question is on agreeing to the reaffirms condition (8) of the resolution of press conference Friday afternoon, the resolution. ratification of the Document Agreed Among White House spokesperson distanced All those in favor of the resolution the States Parties to the Treaty on Conven- himself from this specific plan. will rise and stand until counted. tional Armed Forces in Europe (CFE) of No- If this news account is true, I have no vember 19, 1990 (adopted at Vienna on May (After a pause.) Those opposed will rise 31, 1996), approved by the Senate on May 14, choice but to conclude this administra- and stand until counted. 1997 (relating to condition (1) of the resolution has much to do before it will be in In the opinion of the Chair, two- tion of ratification of the INF Treaty, ap- position to present a plan to the Amer- thirds of the Senators present and hav- proved by the Senate on May 27, 1988). ican people and the world about what

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 17, 2002 CONGRESSIONAL RECORD — SENATE S10641 it feels is necessary to promote eco- war occupation of Japan, to install an Amer- The revelation of the occupation plan nomic and political stability in post- ican-led military government in Iraq if the marks the first time the administration has conflict Iraq. We do know, however, United States topples Saddam Hussein, sen- described in detail how it would administer that a plan based on the Japan prece- ior administration officials said today. Iraq in the days and weeks after an invasion, The plan also calls for war-crime trials of and how it would keep the country unified dent would require a significant and Iraqi leaders and a transition to an elected while searching for weapons. lengthy commitment of American po- civilian government that could take months It would put an American officer in charge litical will, economic resources, and or years. of Iraq for a year or more while the United military might. In the initial phase, Iraq would be gov- States and its allies searched for weapons While I do not doubt either our re- erned by an American military commander— and maintained Iraq’s oil fields. solve or capability to be successful in perhaps Gen. Tommy R. Franks, commander For as long as the coalition partners ad- of United States forces in the Persian Gulf, Iraq, it is critical that the Administra- ministered Iraq, they would essentially con- or one of his subordinates—who would as- trol the second largest proven reserves of oil tion be clear with the Congress, the sume the role that Gen. Douglas MacArthur in the world, nearly 11 percent of the total. American people, and the world about served in Japan after its surrender in 1945. A senior administration official said the what it believes will be needed in post- One senior official said the administration United Nations oil-for-food program would Saddam Iraq, what portion of that it was ‘‘coalescing around’’ the concept after be expanded to help finance stabilization and believes America should undertake, discussions of options with President Bush reconstruction. and his top aides. But this official and others and what it believes others should be Administration officials said they were cautioned that there had not yet been any moving away from the model used in Afghan- prepared to do. To this end, I urge the formal approval of the plan and that it was President and his administration to istan: establishing a provisional government not clear whether allies had been consulted right away that would be run by Iraqis. keep in mind the following facts and on it. Some top Pentagon officials support this ap- The detailed thinking about an American questions as planning for post-conflict proach, but the State Department, the Cen- occupation emerges as the administration Iraq continues. tral Intelligence Agency and, ultimately, the negotiates a compromise at the United Na- General MacArthur and President White House, were cool to it. tions that officials say may fall short of an ‘‘We’re just not sure what influence groups Truman made a strategic choice in explicit authorization to use force but still on the outside would have on the inside,’’ an post-WWII Japan to leave intact as allow the United States to claim it has all administration official said. ‘‘There would much as 95 percent of the imperial Jap- the authority it needs to force Iraq to dis- also be differences among Iraqis, and we anese government, including the Em- arm. don’t want chaos and anarchy in the early peror himself, because of the fear of In contemplating an occupation, the administration is scaling back the initial role process.’’ what impact a massive upheaval of the Instead, officials said, the administration for Iraqi opposition forces in a post-Hussein government structure would have on is studying the military occupations of government. Until now it had been assumed stability in Japan. Do the President that Iraqi dissidents both inside and outside Japan and Germany. But they stressed a and his team intend to follow that the country would form a government, but it commitment to keeping Drag unified, as precedent, or we will start from was never clear when they would take full Japan was, and avoiding the kind of parti- scratch in constructing post-conflict control. tion that Germany underwent when Soviet troops stayed in the eastern sector, which institutions in Iraq? Today marked the first time the administration has discussed what could be a set the stage for the cold war. The military We maintained nearly 80,000 troops in government in Germany stayed in power for Japan for 6 years after V-J Day and lengthy occupation by coalition forces, led by the United States. four years; in Japan it lasted six and a half still maintain 47,000 troops to this day, Officials say they want to avoid the chaos years. more than a half century after the con- and in-fighting that have plagued Afghani- In a speech on Saturday, Zalmay flict officially ended. How long does stan since the defeat of the Taliban. Mr. Khalilzad, the special assistant to the presi- the administration anticipate having Bush’s aides say they also want full control dent for Near East, Southwest Asian and U.S. forces in post-conflict Iraq, and over Iraq while American-led forces carry North African affairs, said, ‘‘The coalition will assume—and the preferred option—re- how much of this burden can we antici- out their principal mission: finding and destroying weapons of mass destruction. sponsibility for the territorial defense and pate our friends allies will assume? The description of the emerging American security of Iraq after liberation.’’ Post-WWII Japan represented an eth- plan and the possibility of war-crime trials ‘‘Our intent is not conquest and occupation nically and religiously homogenous of Iraqi leaders could be part of an adminis- of Iraq,’’ Mr. Khalilzad said. ‘‘But we do what population. How does the fact that Iraq tration effort to warn Iraq’s generals of an needs to be done to achieve the disarmament is riven by ethnic and religious dif- unpleasant future if they continue to sup- mission and to get Iraq ready for a demo- ference impact U.S. planning for post- port Mr. Hussein. cratic transition and then through democ- conflict Iraq? Asked what would happen if American racy over time.’’ pressure prompted a coup against Mr. Hus- Iraqis, perhaps through a consultative From 1946 to 1950, the Congressional council, would assist an American-led mili- Research Service estimates that the sein, a senior official said, ‘‘That would be nice.’’ But the official suggested that the tary and, later, a civilian administration, a United States spent a yearly average of American military might enter and secure senior official said today. Only after this $3 billion, in today’s dollars, for the oc- the country anyway, not only to eliminate transition would the American-led govern- cupation of Japan. Are those the kinds weapons of mass destruction but also to en- ment hand power to Iraqis. of numbers the President and his team sure against anarchy. He said that the Iraqi armed forces would anticipate for political and economic Under the compromise now under discus- be ‘‘downsized,’’ and that senior Baath Party reconstruction in post-conflict Iraq? sion with France, Russia and China, accord- officials who control government ministries would be removed. ‘‘Much of the bureaucracy If the administration plans on ob- ing to officials familiar with the talks, the United Nations Security Council would ap- would carry on under new management,’’ he taining assistance from others, what prove a resolution requiring the disar- added. nations is it assuming will be willing mament of Iraq and specifying ‘‘con- Some experts warned during Senate hear- to help us? What is the administration sequences’’ that Iraq would suffer for defi- ings last month that a prolonged American assuming these other nations are pre- ance. military occupation of Iraq could inflame pared to do and for how long? If no plan It would stop well short of the explicit au- tensions in the Mideast and the Muslim is yet in place and no allies briefed, thorization to enforce the resolution that world. ‘‘I am viscerally opposed to a prolonged oc- when does the administration believe Mr. Bush has sought. But the diplomatic strategy, now being discussed in Washington, cupation of a Muslim country at the heart of such discussions should begin? Paris and Moscow, would allow Mr. Bush to the Muslim world by Western nations who I ask unanimous consent to print the claim that the resolution gives the United proclaim the right to re-educate that coun- article in the RECORD. States all the authority he believes he needs try,’’ said the former secretary of state, There being no objection, the mate- to force Baghdad to disarm. Henry A. Kissinger, who as a young man rial was ordered to be printed in the Other Security Council members could served as district administrator in the mili- RECORD, as follows: offer their own, less muscular interpreta- tary government of occupied Germany. [From the New York Times, Oct. 11, 2002] tions, and they would be free to draft a sec- While the White House considers its long- ond resolution, authorizing the use of force, term plans for Iraq, Britain’s prime minister, U.S. HAS A PLAN TO OCCUPY IRAQ, OFFICIALS if Iraq frustrated the inspection process. The Tony Blair, arrived in Moscow this evening REPORT United States would regard that second reso- for a day and a half of talks with President (By David E. Sanger and Eric Schmitt) lution as unnecessary, senior officials say. Vladimir V. Putin. Aides said talks were fo- WASHINGTON.—The White House is devel- ‘‘Everyone would read this resolution their cused on resolving the dispute at the United oping a detailed plan, modeled on the post- own way,’’ one senior official said. Nations. Mr. Blair and Mr. Putin are to hold

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10642 CONGRESSIONAL RECORD — SENATE October 17, 2002 formal discussions on Friday, followed by a Great Britain have made the largest with the U.S. Constitution and the War Pow- news conference. per capita contribution to our efforts ers Resolution, to introduce U.S. Armed Mr. Blair has been a steadfast supporter of there. In the fight to break the back of Forces into imminent or actual hostilities in Iraq for the purpose of removing Saddam the administration’s tough line on a new res- al-Quaeda and the Taliban, Australian olution. But he has also indicated that Brit- Hussein from Power.’’ You raise the question ain would consider France’s proposal to have troops scaled the mountains around because, as you say, in your letter, you are a two-tiered approach, with the Security Tora Bora. ‘‘deeply concerned about comments by the Council first adopting a resolution to compel Mr. President, we received another Bush Administration and recent press re- Iraq to cooperate with international weapons wake-up call on October 12. We can no ports that our nation is coming closer to war inspectors, and then, if Iraq failed to comply, longer let the nay sayers and the hand with Iraq.’’ I was away from my office at Duke Univer- adopting a second resolution on military wringers counsel timidity have their force. Earlier this week, Russia indicated sity During the week when your inquiry ar- way. The free world is clearly in the rived. Because you understandably asked for that it, too, was prepared to consider the sights of fanatics who want to plunge French position. a very prompt response, I am foregoing a But the administration is now saying that us into a new dark age. Whether it be fuller, more detailed, statement to you just now, the day just following my reading of if there is a two-resolution approach, it will Saddam Hussein, Osama bin Laden, or your letter, on August 6. I shall, however, be insist that the first resolution provide Mr. the coward who attacked men, women, pleased to furnish that more elaborate state- Bush all the authority he needs. and children on holiday in Bali, they ment on request. Briefly, these are my views: ‘‘The timing of all this is impossible to an- are part of the same threat to free peo- A. The President may not engage our ticipate,’’ one administration official in- ples. armed forces in ‘‘war with Iraq,’’ except in volved in the talks said. ‘‘The president We send our heartfelt condolences to such measure as Congress, by joint or con- doesn’t want to have to wait around for a the people of Australia and pledge to current resolutions duly passed in both second resolution if it is clear that the Iraqis Houses of Congress, declares shall be under- are not cooperating.’’ stand with them in their fight for peace and freedom. taken by the President as Commander in f Chief of the Armed Forces. As Commander in f Chief, i.e., in fulfilling that role, the Presi- EXPRESSING SYMPATHY FOR THE PRESIDENTIAL ABILITY TO dent is solely responsible for the conduct of PEOPLE OF AUSTRALIA whatever measures of war Congress shall au- LAUNCH AN ATTACK thorize. It is not for the President, however, Mr. LOTT. Mr. President, the people Mr. BYRD. Mr. President, I would to presume to ‘‘authorize himself’’ to em- of the United States were shocked and like to take this opportunity to submit bark on war. Whether the President deems it essential saddened to learn of the cold blooded for the RECORD two very thoughtful to the National interest to use the armed and cowardly attack on hundreds of and well-researched documents sub- Australian tourists vacationing on the forces of the United States to make war mitted to me by renowned constitu- against one of our neighbors, or to make war island of Bali, on October 12. In a few tional scholars with respect to the against nations yet more distant from our shocking seconds our friends lost more President’s ability to launch an shores, it is all the same. The Constitution of their fellow Australians than at any unprovoked military attack against a requires that he not presumed to do so mere- time since the darkest days of World sovereign state. ly on his own assessment and unilateral War II. Earlier this year, I wrote to a num- order. Rather, any armed invasions of or ac- Although Australia is at the farthest tual attack on another nation by the armed ber of constitutional scholars advising forces of the United States as an act of war corner of the earth, America has no them that I was concerned about re- requires decision by Congress before it pro- greater friend or ally. Just this year ports that our Nation was coming clos- ceeds, not after the President would presume Prime Minister John Howard addressed er to war with Iraq. I asked a number to engage in war (and, having unilaterally a joint session of the United States of esteemed academics their opinion as commenced hostilities, then would merely Congress to celebrate the 50th Anniver- to whether they believed that the Bush confront Congress with a ‘‘take-it-or-leave it’’ fait accomplis). The framers of the Con- sary of the signing ANZUS Treaty, the Administration had the authority, con- document that has formally tied our stitution understood the difference vividly— sistent with the U.S. Constitution, to and made provision against vesting any war- strategic destinies together for the introduce U.S. Armed Forces into Iraq initiating power in the Executive.1 Food of the entire Asian Pacific Rim. to remove Saddam Hussein from power. B. Nor does the form of government of—or But our relationship with Australia All of the scholars I consulted re- any policy currently pursued by—an identi- did not begin with the ratification of sponded by stating that, under current fied foreign nation affect this matter, although either its form of government or the one treaty. American and Australian circumstances, the President did not soldiers have fought together on every policies it pursues may of course bear sub- have such authority. I have previously stantially on the decision as shall be made battlefield of the world from the Meuse submitted for the RECORD the re- by Congress. Whether, for example, the cur- Argonne in 1918 to the Mekong Delta sponses of professors Michael Glennon rent form of government of Iraq is so dan- and Desert Storm. In all of our major of Tufts, and Jane Stromseth of gerous that no recourse to measures short of wars there has been one constant, Georgetown University Law Center. direct United States military assault to ‘‘re- Americans and Australians have been Now, I would like to submit two addi- move’’ that government (a clear act of war) now seem sufficient to meet the security the vanguard of freedom. In fact when tional responses I received on this American troops launched their first needs either of the United States or of other same subject from professors Laurence states with which we associate our vital in- combined assault on German lines in Tribe of Harvard Law School and Wil- terests, may well be a fair question. That is World War I, it was under the guidance liam Van Alstyne of the Duke Univer- a fair question, however, is merely what of the legendary Australian fighter sity School of Law. I found the depth therefore also makes it right for Congress to General John Monash. We share a com- and breadth of their scholarship on this debate that question. Indeed, it appears even now that Congress mon historic and cultural heritage. We subject to be extremely impressive are immigrant peoples forged from the is engaged in that debate. And far from feel- and, for this reason, I ask unanimous ing it must labor under any sense of apology British Empire. We conquered our con- consent that their responses to me be tinents and became a beacon of hope printed in the RECORD. 1 It is today, even as it was when Thomas Jefferson for people struggling to be free. There being no objection, the mate- wrote to James Madison from Paris, in September, For over 100 years, the United States rial was ordered to be printed in the 1789, referring then to the constitutional clauses and Australia have been the foundation RECORD, as follows: putting the responsibility and power to embark on for stability in the South Pacific. When war in Congress rather than in the Executive. And DUKE UNIVERSITY, thus Jefferson observed: ‘‘We have given, in exam- America suffered its worse loss of life SCHOOL OF LAW, ple, one effectual check to the dog of war, by trans- since December 7, 1941, the first nation Durham, NC., August 7, 2002. ferring the power of letting him loose from the Ex- to offer a helping hand was Australia. Senator ROBERT C. BYRD, ecutive to the Legislative body, from those who are Chairman, U.S. Senate to spend to those who are to pay.’’ C. Warren, The The day after the attacks on Wash- Making of the Constitution 481 n. 1 (1928). (See also ington and New York, Australia in- Committee on Appropriations, Washington, DC Chief Justice Johnson Marshall’s Opinion for the Supreme Court in Talbot v. Seeman, 5 U.S. (1 voked the mutual defense clause of the DEAR SENATOR BYRD: I am writing in re- ANZUS Treaty. They were the first to Cranch) 1,28 (1803) (‘‘The whole powers of war being, sponse to your letter of July 22 inquiring by the constitution of the United States, vested in offer military support. Australian spe- whether in my opinion, ‘‘the Bush Adminis- congress, the acts of that body can alone be resorted cial forces are in Afghanistan and after tration currently has authority, consistent to as our guides.’’)

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 17, 2002 CONGRESSIONAL RECORD — SENATE S10643 in conducting that debate—whether or not cumstance, insofar as authorization by Con- The Resolution also required (i.e., ‘‘the some in the executive department of else- gress for military intervention or other President shall submit’’) the President ‘‘at where express irritation over what they re- measures of war is withheld. For the respon- least once every 60 days’’ to submit to Con- gard as presumptuous by Congress, it is not sibility (and any fault—if fault it be) then gress a summary on the status ‘‘of efforts to presumptuous but entirely proper. It is what will rest with Congress, even as the Con- obtain compliance by Iraq’’ with those reso- the Constitution assigned to Congress the re- stitution contemplates that it should. lutions. sponsibility to do. In short, the President acquits himself well Foremost among the stated objectives of C. And first, with respect to that debate, by making full report to Congress of infor- that authorized use of war power was to suppose it were the case of the President be- mation, and of his reasons, and of his judg- force the unconditional withdrawal of Iraq lieved that measures of war were not now ment, as to what the circumstances now re- forces from Kuwait and restoration of that necessary and ought not be passed by Con- quire of the nation, in his own view. That country’s ‘‘independence and legitimate gov- gress, at least not at this time. I put the Congress may disagree is no reflection upon ernment.’’ As much as that has surely been point this way the better to clear the air to the President nor, necessarily, upon itself. accomplished—was well accomplished fully a make a neutral observation of the respective Rather, it but reminds us of which depart- decade ago. roles.—Were he of that view, without doubt ment of our national government is charged However, the Resolution also recited that he shall so advise Congress. And equally by the Constitution to decide whether and ‘‘Iraq’s conventional, chemical, biological, without doubt, Congress should desire and when we shall move from a position of peace, and nuclear weapons and ballistic missile welcome him to do so, not merely from re- however strained, to one of war. By constitu- programs and its demonstrated willingness spect for his office, rather, at least equally tional designation, that department is as- to use weapons of mass destruction pose a because both his information and his views suredly the legislative department, not the grave threat to world peace.’’ Thus, it was would be among the most important consid- executive. also in contemplation of that ‘‘grave threat’’ erations Congress should itself take into ac- G. I do not here presume to address the the United States was willing to make the count. limited circumstance in which the country commitment as it did. And we have the D. But the same is true in the reverse cir- comes under attack, in which event the President’s report (as I must assume Con- cumstance as well. It is altogether the right President may assuredly take whatever gress has received it) that that threat has prerogative of the President to lay before emergency measures to resist and repel it not yet abated, indeed, may have been re- Congress every consideration which, in the are reasonably required to that end. Like- newed. President’s judgment, requires that meas- wise, in respect to exigent circumstances of Moreover, it is additionally true that in a ures of direct military intervention in Iraq U.S. forces or American citizens lawfully significant sense, our ‘‘invasion’’ of Iraq, now be approved by Congress, lest the secu- stationed, or temporarily resident, in areas proper as it was immediately following this rity of the nation be even more compromised outside the United States in which local hos- authorization by Congress (and still may be), than it already is.2 If the President believes tilities may unexpectedly occur, with re- continues to this very day. It does so, as the we cannot any longer, by measures short of spect to which intervention to effectuate Congress is well aware in a variety of ways, war, now avoid the unacceptable risk of safe rescue will not be regarded as an act of but most notably by the continuing armed weapons of mass destruction from developing overflights through large swaths of Iraq air under a repressive Iraq regime already defi- war. Neither these nor other variant possi- bilities were raised by your letter, however, space, and the continuing forcible interdic- ant of various earlier resolutions by the tion of Iraqi installations in large areas of United Nations Security Council, it is by all so I leave them for another day. You also asked for comments respecting Iraq (north and south) by direct military means his prerogative and his responsibility force. So, in one reasonable perspective, as President candidly, even bluntly, to say three previous Joint Resolutions by Con- gress, i.e., whether any of these, or some there has simply been a continuing, albeit so—to Congress. immensely reduced and attenuated ‘‘war’’ And he may as part of that address, accord- combination, constitute a sufficient basis for the President to proceed to engage whatever with Iraq, under the direction of the Presi- ingly request from Congress that he now be dent, and within the boundaries of that appropriately authorized, as President and magnitude of invasive forces would be necessary to overthrow Iraq’s current govern- original Resolution of 1991. as Commander in Chief, ‘‘to deploy and en- Still, it is far from certain that these element and/or seek out and destroy or remove gage the armed forces of the United States in ments are enough insofar as the President such weapons of mass destruction, as well as such manner and degree as the President de- may now propose to ‘‘re-escalate’’ the con- the means of their production, as that invad- termines to be necessary in affecting such flict in enormous magnitude: (a) to over- ing force would be authorized to accomplish. change of government in Iraq’’ . . . as will throw the government of Iraq and (b) insert Specifically, you adverted to The War Pow- remove that peril, or accomplish such other whatever invading force as he would deem ers Resolution of 1973 (Pub. L. No. 93–148, objectives (if any) as Congress may specify required to locate and destroy any existing Nov. 7, 1973); The Authorization for Use of in its authorizing resolution. Supposing Con- stores of weapons of ‘‘mass destruction,’’ and gress agrees, the resolution will be approved, Military Force Against Iraq Resolution of the means of their production. The principal and the authority of the President to pro- 1991 (Pub. L. No. 102–1, Jan. 14, 1991); and The basis for that uncertainty (at least my own ceed, consistent with that resolution, will be Authorization for Use Military Force Resolu- uncertainty) is twofold. First, that the ex- at once both established and clear. tion of 2001 (Pub. L. No. 107–40, Sept. 18, 2002). press authorization made by Congress in 1991 As to the first of these, the ‘‘War Powers E. Equally, however, in the event that Con- was, as noted above, to use all necessary Resolution of 1973’’ (or War Powers Act as it gress does not agree. That is, insofar as, de- military force ‘‘to achieve implementation is sometimes informally called), I am very spite whatever presentation the President of’’ certain specifically numbered UN Secu- clear that it is certainly not a Resolution shall make (or shall have made), Congress is rity Council Resolutions, none of which I unpersuaded that such military intervention authorizing or directing the President now have had the opportunity to read or study, under the direction of the President as he to engage the armed forces of the United and therefore cannot resolve for suitable fit may propose is now appropriate to authorize States in acts of war within or against Iraq. today. It is my impression that with the ex- and approve, it may assuredly decline to do As to the second and third, I do not believe ception of ourselves (and perhaps the Brit- so. In that circumstance, and until Congress they can serve that function either, though ish), however, that members of the Security shall decide otherwise, matters also settled there is some more reasonable margin for Council may not now regard those decade-old and equally clear. The President may not disagreement—one which Congress itself, resolutions as adequate for the United States then proceed to embark upon a deliberate however, is frankly far between situated to to use as an adequate sanction to ‘‘reignite’’ course of war against the government or peo- attempt to resolve than I do anyone else so a virtual full-scale war, as distinct from the ple of Iraq. removed from a fuller record one would need continuing overflights, but I am in no posi- F. And correspondingly, however, the to be of more than marginal help. President is not to be faulted in that cir- tion to speak to that question as well as oth- The reasons for my uncertainty regarding ers. Similarly, I should think it best for Con- the Joint Resolution of 1991 (specifically cap- gress itself, to resolve whether the decade- 2 Exactly as President Jefferson did in reporting to tioned by Congress as ‘‘The Authorization old Resolution enacted by Congress in 1991 Congress in equivalent circumstances, in 1801. Thus, for Use of Military Force Against Iraq Reso- can cover the present case as well though, in his urgent message to Congress reviewed attacks re- lution’’) will take but a few sentences to my own view, it probably does not. cently made against American commercial vessels share. That this Resolution did authorize Third, and most recent among the resolu- in the Mediterranean, reported defensive steps al- what became ‘‘Operation Desert Storm’’ as a ready taken in repelling those attacks, and then de- tions you enclosed, is the express ‘‘Author- clared the following. ‘‘The Legislature will doubtless major use of the war power, against Iraq spe- ization for Use of United States Armed consider whether by authorizing measures of offense cifically, under the direction of the Presi- Forces’’ by Congress, adopted on September also, they will place our force on an equal footing dent (with collaborative forces of other na- 18, 2001, following the cataclysmic events of with that of its adversaries. I communicate all ma- tions), and the use of massive force, includ- September 11. The authorization is quite cur- terial information on this subject, that in the exer- ing bombardment and invasion of Iraq, is un- rent and it calls expressly for the use of U.S. cise of this important function confided by the Con- equivocal. A declared objective sought to be Armed Forces ‘‘against those responsible for stitution to the Legislature exclusively, their judg- achieved (and thus part of the described ment may form itself on a knowledge and consider- the recent attacks launched against the ation of every circumstance of weight.’’ 22 Annals of scope of the authorized use of force) was . . . United States.’’ It is also framed in the fol- Cong. 11 (1801), reprinted inn 1 Messages and Papers to ‘‘achieve implementation of’’ . . . eleven lowing quite inclusive terms, in § 2(a), that: of the Presidents, 1789–1897, ata 326–27 (J. Richardson United Nations Security Council Resolu- [T]he President is authorized to use all ed. 1898) (emphasis added.) tions, each identified by specific number. necessary and appropriate force against

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10644 CONGRESSIONAL RECORD — SENATE October 17, 2002 those nations, organizations, or persons he mously observed, our Constitution is not a cumstances we face when dealing with as determines planned, authorized, committed, suicide pact. But that exception for cases of malevolent and dangerous a leader as Iraq’s or aided the terrorist attacks that occurred self-defense cannot be treated so elastically Saddam Hussein. I lack the hubris to pretend on September 11, 2001, or harbored such orga- that the exception threatens to swallow the that I know better than the President and nizations or persons, in order to prevent any rule. his Administration just what the path of future acts of international terrorism In circumstances when the President takes wisdom is in this matter. My very substan- against the United States by such nations, the position that delaying a mobilization tial doubt that the President has constitu- organizations or persons. and deployment of our armed forces to at- tional authority to launch a preemptive or I nonetheless think it doubtful that this tack another sovereign state while Congress preventive strike against Iraq therefore rep- will ‘‘stretch’’ to cover a proposal to use debates the matter, although not necessarily resents as detached a reading as I am capable military force to overthrow the government threatening our nation’s imminent destruc- of giving the relevant constitutional text, of Iraq as is currently being considered, tion, would nonetheless expose us to grave structure, and history. without authorization by Congress, absent and unacceptable danger by letting the opti- It seems quite clear that S.J. Res. 23 (Pub. quite responsible evidence that Iraq was in- mal moment for a preventive attack pass as L. No. 107–40), the joint resolution author- volved in ‘‘the terrorist attacks that oc- that hostile state proceeds to accumulate izing the use of U.S. military force against curred on Sept. 11, 2001’’—evidence that may rapidly deployable weapons of mass destruc- those responsible for the attacks of Sep- exist but not that I have seen reported in the tion and moves inexorably toward tember 11, 2001, would not furnish the req- press or elsewhere. I note, respectfully, that unleashing those weapons on us or on our al- uisite congressional assent to any such the authorization is not an ‘‘open-ended’’ one lies, either directly or through proxies, it strike against Iraq, or even to the introduc- to authorize the use of military power would be difficult to defend a completely tion of U.S. armed forces into imminent or against any nations, organizations, or per- doctrinaire response to the questions your actual military hostilities in Iraq for the sons whom the President identifies as proper letter addressed to me. In so ambiguous a purpose of removing Saddam Hussein from targets insofar as it would merely help in situation, the allocation of power between power. Unless convincing evidence of Iraq’s some general sense to ‘‘prevent’’ future ter- the President and Congress is not a matter involvement in the terrorist attacks of Sep- roristic attacks by such nations, organiza- that admits of absolutely confident and un- tember 11 were to emerge, that joint resolutions, or persons. Rather, it is to permit such ambiguous assertions, for the Constitution’s tion could not be said to offer even a fig leaf uses of military power only with reference to framers wisely left considerable areas of of cover for such a military campaign. To its those identified as having contributed in gray between the black and white that often credit, the Bush Administration does not ap- some substantial manner to the September characterize the views of advocates on both pear to have suggested the contrary. 11th attacks, or known now to be harboring sides of the invariably heated controversies Nor could anyone argue that Pub. L. 102–1, such persons. that attend instances of warmaking. enacted in 1991 to authorize the use of mili- But in this effort not to neglect your sev- That said, it remains my view, as I wrote tary force by President George H.W. Bush eral requests, I have (more than?) reached in volume one of the 2000 edition of my trea- against Iraq to repel its invasion of Kuwait, my limit to try to be of immediate assist- tise, ‘‘American Constitutional Law,’’ § 4–6, offers any basis for a current military cam- ance to you and your committee. The por- at page 665, ‘‘although the Constitution does paign to topple the Hussein government. To tions of this letter I would emphasize are in not explicitly say that the President cannot be sure, that enactment, promulgated pursu- its first half, the portions dealing with the initiate hostilities without first consulting ant to U.N. Security Council Resolution 678 constitutional questions reviewed in letter with and gaining the authentic approval of to achieve the implementation of previous sections A. through F. I wish you well with Congress, that conclusion flows naturally, if Security Council resolutions, may well have your deliberations. not quite inescapably, from the array of con- authorized U.S. armed forces to proceed to Sincerely, gressional powers over military affairs and Baghdad at the time of Operation Desert WILLIAM VAN ALSTYNE. especially the provisions in Article I, § 8, Storm had the first President Bush decided clause 11, vesting in Congress the power to to take that course. But he did not, and the HARVARD UNIVERSITY, declare war. To permit the President unilat- time to complete that military thrust—a LAW SCHOOL, erally to commit the Nation to war would thrust that was abruptly ended a decade Cambridge, MA, July 31, 2002. read out of the Constitution the clause ago—has long since passed, the causus beli of HON. ROBERT C. BYRD granting to the Congress, and to it alone, the that occasion now long behind us. U.S. Senate, Washington, DC. authority ‘to declare war.’ ’’ (Footnotes The circumstances that Saddam Hussein’s DEAR SENATOR BYRD: I share the concern omitted.) Whether with the aid of the War government is undoubtedly in violation of expressed in your letter of July 22, 2002, Powers Resolution of 1973—a resolution that numerous commitments that government about recent reports that our nation is ap- some have regarded as a quasi-constitutional made to the United Nations as a condition of proaching war with Iraq. I wish I had the articulation of the boundaries between the the termination of Operation Desert Storm— time to give your questions regarding those Presidency and the Congress—or without re- commitments regarding access for U.N. in- reports the detailed and thoroughly docu- gard to that much mooted (and arguably spectors to confirm that Iraq is not in fact mented reply they deserve. Unfortunately, I question-begging) assertion of congressional developing and secretly storing lethal mate- will have to be content with a brief state- power to draw those boundary lines for rials related to weapons of mass destruc- ment of my conclusions and of the basic rea- itself—one would be hard-pressed to defend tion—cannot by itself eliminate the con- sons for them. the proposition that, simply because the stitutional requirement of congressional au- My study of the United States Constitu- President thinks it inconvenient to bring thorization for the waging of war by our tion and its history, as a scholar and teacher Congress into his deliberations and to await armed forces. of American constitutional law over the past Congress’s assent, he may suddenly proceed, One might, finally, imagine someone argu- thirty years, has suggested to me no author- like the kings and emperors of old, unilater- ing that the absence of congressional debate ity for the President, acting as the Com- ally to unleash the dogs of war. and authorization should not be deemed fatal mander in Chief, to wage a purely preemp- I put to one side the profound lesson of our to the constitutionality of a preemptive tive war against another nation without at ill-fated involvement in Vietnam—the les- military strike on Iraq for the pragmatic least consulting with Congress first, and son, as I see it, that a President who wages reason that such a debate would disclose too without obtaining from Congress a formal war without first assuring himself of the much to the enemy, depriving our plans of authorization, whether in the form of a dec- deep national consensus and commitment the shield of secrecy and our troops of the laration of war or, at the least, a joint reso- that can come only from a thorough national safety such a shield might provide. But any lution expressing the assent of both the ventilation of the arguments pro and con such argument—whatever constitutional House and the Senate—with the exception of plunges the nation into a perilous and prob- standing it might have in other cir- so exigent an emergency as to admit of no ably doomed course. Purely from the per- cumstances—would, of course, be unavailing time for such consultation and authorization spective of wise policy, that is a lesson one on this occasion, if only because whatever without mortal and imminent peril to our hopes is not lost on our President, or at least shield secrecy might otherwise have pro- nation. on his closest advisors, many of whom would vided has been rendered moot by the Bush Of course, if the President were to learn, seem to be astute students of American his- Administration’s repeated floating of trail for example, that another nation was about tory. But it is probably for the best, in the balloons on the subject. Not to put too fine to launch a massive thermonuclear attack long run, that the Constitution does not in- a point on it, whatever cover a secret mili- on the United States, and if there genuinely variably enjoin wisdom upon those who wield tary attack on Iraq might have enjoyed has appeared to be no possibility of deterring power in its name. It leaves each of the three by now been thoroughly blown. such an attack by threatening a fatal great branches of the national government I am therefore constrained to conclude counterstrike or by pursuing diplomatic al- free to make serious, even tragic, blunders— that, on the basis of the facts as I understand ternatives consistent with our national secu- a fate from which not one of the three them, the Bush Administration does not cur- rity, then presumably the U.S. Constitution branches of government is immune. In any rently have sufficient constitutional and/or would not tie the President’s hands by com- event, I reach the constitutional conclusions legislative authority to introduce U.S. mitting the Executive Branch to a course expressed in this letter not by virtue of any armed forces into Iraq in order to wage war that would spell our virtually certain de- firm convictions one way or the other about on that nation’s government—even for the struction as a nation. As many have fa- the path of wisdom in the difficult cir- overwhelmingly salutary purpose of toppling

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 17, 2002 CONGRESSIONAL RECORD — SENATE S10645 an authoritarian regime that has deployed JESSE certainly represents the quali- into the water, affecting people, fish, weapons of mass destruction against its own ties of a true southern gentleman. He and wildlife. people, that is overtly and overwhelmingly is a loving husband, father, and grand- I have helped secure other protec- hostile to our nation, that threatens the se- tions for wild creatures through the curity and stability of some of our closest father, a devout Baptist, and an indi- friends and allies, and that besmirches the vidual who would stop at nothing to Great Lakes Basin Fish and Wildlife very idea of human rights. help his fellow North Carolinians. His Restoration Act. This legislation pro- If the President would use military force wife, Dot, is a lady of grace and charm. vides a framework and funding for against the government in Baghdad, he must They are an admirable couple and a studying and adopting measures to re- first consult with and obtain the consent of wonderful example for others to follow. store healthy fish, bird, and animal the Congress. For thirty years, the tireless Senator populations and to manage fisheries re- With best regards, I am Sincerely, HELMS has carried out his duties as sponsibly. LAURENCE H. TRIBE. United States Senator with the utmost Nonpoint source pollution contami- sense of honor. His dedicated service to nants discharged into water over a f our Nation has set an example for all broad area are widely recognized as a RETIREMENT OF SENATOR JESSE to follow, and I have been privileged to major problem. The Great Lakes Soil HELMS have served with such an esteemed in- Erosion and Sediment Control Program Mr. THURMOND. Mr. President, I dividual. It is because of leaders like will help. This 2002 farm bill program rise today to pay tribute to my long- Senator HELMS that our Nation is the provides grants for education on agri- time colleague from my neighboring greatest in the world. As the 107th Con- cultural techniques, such as contoured State of North Carolina, Senator JESSE gress pays tribute and says farewell to farming and planting of vegetation HELMS. one of the greatest Senators of all along banks, that reduce the runoff of It has been my honor and great privi- time, I say thank you to my colleague pesticides and other chemicals into lege to have worked so closely with and my close friend. streams and rivers. this fine Senator for the past thirty Again, I congratulate JESSE on his Other legislation has set standards years. Senator HELMS has been one of lengthy and distinguished career and and enabled technology for reducing the great Senate leaders of the 20th thank him for the friendship we have soil erosion, controlling sediment run- century. After serving in the United enjoyed during our many years work- off, and creating environmental re- States Navy during World War II, Sen- ing together. On behalf of myself, my search labs specifically targeting the ator HELMS went on to have an illus- colleagues, and a most grateful Nation, problems of the Great Lakes. trious career in journalism. He began I express my gratitude for his out- Even with our successes, however, his reporting career as the city editor standing service to the United States EPA reports that more than 40 percent of The Raleigh News and later served Senate. I wish him, his lovely wife Dot, of our Nation’s waterways remain too as the editor of the Tarheel Banker, three children, Jane, Nancy, and polluted for fishing, swimming, and which became the largest State bank- Charles, and his seven grandchildren other activities. Municipal sewage dis- ing publication in our Nation. During the best of luck and continued health charges and urban storm sewers con- his many years of reporting and as a and happiness in the years to come. tinue to dump massive amounts of pol- top Executive at Capitol Broadcasting f lutants into our water. And more needs Company, his editorials appeared in to be done in our cities, our industries, more than 200 newspapers and more THE CLEAN WATER ACT: 30 YEARS and our farms. than 70 radio stations in North Caro- Mr. LEVIN. Mr. President, on the Thus the fight for water quality con- lina. During these years, he also served 30th anniversary of the Clean Water tinues. In this Congress, I have intro- on the Raleigh City Council. Act, I am pleased to acknowledge duced legislation to protect Great In 1972, JESSE ran for the Senate. It progress in the cleanup of our Nation’s Lakes waters from invasive species the was my privilege to campaign through- lake and rivers. The goals were ambi- zebra mussel, Asian carp, and other in- out the State with him, forging a tious. Congress envisioned a nation of truders that enter U.S. waters through friendship which I treasure. Since his fishable, swimmable rivers and lakes, maritime commerce and on the hulls of election, Senator HELMS has served our and zero discharges of harmful pollut- ships. These intruders can damage eco- Nation with nothing but class, integ- ants. While we have not reached those systems and wipe out entire popu- rity, and honesty. During his five goals, the steps we have taken have im- lations of native fish. terms in the United States Senate, his proved the quality of our water, includ- I have also asked the Senate to con- service has been marked by countless ing the natural, and national, re- sider the Great Lakes Legacy Act. This significant achievements for our great sources embodied in the Great Lakes. bill would provide funds for States to Nation. Admired and respected by both As cochair of the Great Lakes Task cleanup and restore areas of special parties, he truly embodies the qualities Force, I have worked with other Mem- concern, which do not meet the basic of a superior statesman. Senator bers to pass appropriations and tar- water quality standards laid out in a HELMS is to be applauded for his work geted legislation to protect our Na- 1972 United States Canada agreement. on the Committee of Agriculture, Nu- tion’s largest inland body of water. The These areas include some vital pas- trition, and Forestry, the Rules and citizens of Michigan and seven other sages between the Great Lakes, includ- Administration Committee, and for his adjoining States recognize the value of ing Michigan’s Detroit and St. Clair work as Chairman and now ranking Mi- the Great Lakes system to industry, Rivers. nority member of the Committee on transportation, water resources, and Funding water quality management Foreign Relations. recreation—a vital link in a long chain activities and improvements in envi- His numerous awards reflect the of waterways that enhance our econ- ronmental infrastructure is one of my many and varied contributions he has omy, provide pleasurable pastimes, and highest priorities. Even now, Congress made to the Senate and to his State. protect our health. is exploring ways to improve funding He was the first Republican to receive That’s why I authored the Great for the construction of wastewater the Golden Gavel for presiding over the Lakes Critical Programs Act in 1990 treatment plants to help control urban Senate more than 117 hours in 1973. that amended the Clean Water Act; sewer and stormwater overflows, a Along with others, he holds the Gold these changes help States measure and huge source of nonpoint source pollu- Medal of Merit from the Veterans of control pollutants discharged into the tion. Foreign Wars and on three occasions Great Lakes. My bill helped set uni- Even as we implement new measures, was named the Most Admired Conserv- form, science-based water quality cri- the Bush administration threatens a ative in Congress by Readers Digest. I teria, ensuring that citizens through- sweeping dismantlement of existing would also like to note Senator HELMS out the system share the burdens and Clean Water Act safeguards by remov- has received the Guardian of Small benefits of reducing harmful pollutants ing Federal oversight, allowing pol- Business Award and the Watchdog of that can affect human health. It also luters to ‘‘buy’’ credits that would per- the Treasury Award every year since provided for control and cleanup of mit the continuation of harmful prac- his 1973 election. contaminated sediments that leach tices, and reneging on the decades-old

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10646 CONGRESSIONAL RECORD — SENATE October 17, 2002 commitment to protect the Nation’s tegrity of the Nation’s waters. Two onstrated to the people of Ukraine and wetlands. goals also were established: zero dis- the world that their integration cannot The diligence of Congress, previous charge of pollutants by 1985 and, as an be achieved with Kuchma at the helm. administrations, Federal and State interim goal and where possible, water Secret recordings made by a former agencies, and dedicated citizens helped quality that is both ‘‘fishable’’ and security guard, who is now seeking us pass the Clean Water Act and other ‘‘swimmable’’ by 1983. asylum in the United States, raise sus- tough measures needed to preserve and Although we have had more than picions that President Kuchma had protect water resources. We must stand twice that amount of time to meet knowledge of or involvement in the guard over these gains and move for- these goals, we have only managed to brutal murder of journalist Gyorgi ward, not backward, with even more ef- get half-way there. According to EPA’s Gongadze. This callous act shows that fective measures. Clean water is a 2000 National Water Quality Report re- he will stop at nothing to repress the privilege, a pleasure, and something we leased earlier this year, 39 percent of opposition and independent media who can’t live without. assessed river and stream miles and 45 challenge his control. Mr. LEAHY. Mr. President, tomor- percent of assessed lake acres do not As the United States and the inter- row, as we recognize the 30th anniver- meet applicable water quality stand- national community are striving to sary of the amendments to the Federal ards and were found to be impaired for eliminate the threat posed by Iraq’s Water Pollution Control Act, the Clean one or more desired uses. possession of weapons of mass destruc- Water Act, I want to take a moment to In Vermont, too many of our waters tion, evidence shows that President reflect on the importance of this cor- still fall into this category. Over the Kuchma approved the sale of the nerstone of environmental legislation last 30 years, we have addressed many Kolchuga radar—an advanced system and to frankly address the significant of the point-sources of water pollution whose purpose is to threaten U.S. air- amount of work that remains to be in Lake Champlain, the Connecticut craft in violation of United Nations done. River and other water bodies around sanctions. The State Department re- Vermont is a shining example to the the State. Unfortunately, we learn cently confirmed the authenticity of Nation in terms of its environmental about new pollution concerns all the an audio recording of President ethics and in its commitment to envi- time. Years of unchecked pollution Kuchma approving the sale of a ronmental action. I am proud to hail from coal-fired power plants outside of Kochulga radar system to Iraq in July from and to represent a State whose Vermont’s borders have overburdened 2000. Iraq has fired anti-aircraft mis- people share a passionate and abiding Lake Champlain and many of our riv- siles at coalition aircraft and while our concern for the environment. ers with mercury. Vermont now has expert pilots are trained to counter We Vermonters are especially proud fish advisories for walleye, lake trout such measures, the Kolchuga radar sys- that much of the environmental and bass due to mercury. tem gives a boost to Iraqi air defenses progress and improvements to water There are solutions to this environ- by detecting approaching aircraft with- the Nation has achieved in the last mental challenge and others that out tipping off the pilots. three decades can be directly attrib- threaten the health of Vermont’s Ukraine remains important to the uted to the legacy of Vermont’s own waters. We just need to act on them. United States, we must stand firm with Robert Stafford. Bob Stafford’s leader- Instead, I worry that we are ignoring the people and the brave reformers who ship in Congress helped shape national the warning signs, such as climate hope for a better day for Ukraine. How- environmental policy from the time change, new health problems in our ever, President Kuchma’s day has that the environmental movement was children, loss of our natural resources passed. He deserves nothing more than in its infancy and continued well into to pests and disease. what his actions bring him, isolation. its maturity. By its actions I fear that the current In bilateral meetings the United During his 30 years in the House of administration seems to be interested States should continue to meet at a Representatives and in the Senate, Bob in protecting special interests and ig- ministerial level and in important mul- Stafford courageously and successfully noring public support for strong envi- tilateral organizations we should strive stood up to those who sought to dimin- ronmental protections and conserva- for the same. This includes NATO. At ish and roll back our environmental tion measures. Just in the last few NATO’s Prague Summit next month, standards. His efforts were heightened months, the administration has an- the scheduled NATO-Ukraine Council during his tenure as Chairman of the nounced plans to rewrite Clean Water meeting is an important opportunity Committee on Environment and Public Act regulations that would allow dirt for NATO and Ukraine to look for Works, a post he assumed in 1981 dur- displaced by mountain top mining to greater cooperation. On a range of ing the 97th Congress and maintained be dumped in waterways. Army Corps issues, Ukraine has certain assets such through the 99th. One of his crowning of Engineers’ regulations protecting as strategic lift which could be bene- achievements during this time was wetlands have been relaxed, backing ficial to our European NATO allies who working with Senator John Chafee to away from the decade-old commitment lack such capabilities. NATO should pass the Clean Water Act. of no net loss of wetlands. conduct this meeting at the Ministerial Although we should be proud of the Instead of looking at ways to under- level rather than at a Presidential great strides we have made to reduce cut the Clean Water Act, we need to level and send an important signal to and prevent the levels of pollutants get back on track and strengthen it. the government of Ukraine. To do oth- and contaminants in our water, we are f erwise would result in President Bush far from the visionary goals and ambi- sitting two seats down from a corrupt tious standards set by those who con- THE LEADERSHIP IN UKRAINE leader who is arming Iraq at a Summit ceived this vital legislation 30 years Mr. HELMS. Mr. President, the cur- which will likely focus on a possible ago. When Senator Stafford testified rent leadership in Ukraine, led by war with Iraq. before the Environment and Public President Leonid Kuchma, has been I ask unanimous consent that the fol- Works Committee last week, he clearly one of unmet promises. Failed efforts lowing articles that appeared in the challenged us to do more. We cannot at economic reform, violent repression Wall Street Journal on October 9, and halt the progress we have made and of independent media; and a rise in The Washington Post on August 8 and merely rest on our environmental lau- government corruption and cronyism September 22 be printed in the RECORD. rels. has robbed the citizens of Ukraine of There being no objection, the articles I call upon my colleagues, the admin- the bright future they deserve. was ordered to be printed in the istration and the American public to Ukraine is a vital country of 48 mil- RECORD, as follows: look back at the debate that took place lion people in the heart of Europe. A [From the Wall Street Journal, Oct. 9, 2002] at the time and the essence of this re- Europe whole, free and secure cannot UKRAINE’S ROGUE PRESIDENT markable piece of legislation. The 1972 be achieved without Ukraine’s integra- (By Adrian Karatnycky) legislation declared as its objective the tion into Europe. However, I have be- In his speech Monday night, President restoration and maintenance of the come convinced that the actions of Bush laid out the threat posed by the Iraqi chemical, physical, and biological in- Ukraine’s President Kuchma have dem- regime should it be able to ‘‘buy, produce or

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 17, 2002 CONGRESSIONAL RECORD — SENATE S10647 steal’’ the ingredients for a nuclear weapon. Oleksander Zhukov, a reputed underworld Ukraine. A country of more than 50 million But while the idea that any nation would figure with ties to Leonid Minin, a suspected people that is still struggling to gain its po- willingly aid the murderous intentions of international arms dealer. litical and economic footing after a decade of Saddam Hussein has long seem far-fetched, Mr. Kuchma’s credibility with the U.S. has independence, Ukraine has abruptly dropped the possibility hit close to home in recent been pulverized in recent months. In the its longstanding policy of balancing itself be- days. summer of 2001, the Ukrainian president ap- tween the West and Russia. Its government Just a week before the speech, the Bush parently lied to National Security Adviser recently requested talks on becoming a full administration confirmed that Ukrainian Condoleezza Rice in asserting that Ukraine member of both NATO and the European President Leonid Kuchma had approved the supported a ‘‘political solution’’ to the eth- Union. The reaction has been guarded: Both sale of an antiaircraft radar system to Iraq. nic conflict in Macedonia. All the while— European governments and the Bush admin- President Kuchma’s decision, in clear viola- with his approval—Ukraine persisted in ship- istration seem unsure whether Ukraine tion of United Nations sanctions, may be the ping weapons to the Macedonian govern- should be a part of the Western alliance in first sign of complications with loose tech- ment. the future, and there is resistance even to nology in the states of the former Soviet In response to U.S. pressure, Ukraine’s leg- upgrading its relations with the EU. But Union. islature will launch an investigation into the Ukraine is too big to be safely kept on the DEADLY KNOW-HOW FOR IRAQ Iraq sale. But the legislature has refused to back burner. The United States and Europe investigate an array of alleged crimes in- Although Ukraine destroyed its last nu- must formulate a clear answer. In some revolving the president, including the unsolved clear missile silo last year, the country is spects, the question of what to do about murder in 2000 of opposition journalist still an institutional repository of deadly Ukraine seems easy. Given its huge size, Gyorgi Gonzadze. know-how. It had also, up until last week, strategic location in southern and central With the next presidential election coming Europe and relatively sophisticated indus- been considered a irreproachable friend of in two years, the best hope for Ukraine—and the U.S. But the revelation creates doubts trial economy, Ukraine is a natural member for the U.S.—is in pressuring Mr. Kuchma to of the translational organizations that are which could fundamentally alter the U.S.’s step aside quietly in favor of early elections. relationship with Ukraine, and particularly slowly spreading across the continent. With- Demonstrations, which began last month out Ukraine, the longstanding Western goal with its president. Although Mr. Kuchma has and drew nearly 100,000 protestors nation- denied any involvement in a sale and offered of a Europe ‘‘whole and free’’ will remain in- wide, are scheduled to start up again later complete; without an anchor in those insti- a joint investigation, the FBI has authenti- this month. cated a tape of the Ukrainian president and tutions, the country’s long-term stability For Ukraine’s president to exit the scene, and even its viability as an independent na- his arms-export chief hatching the scheme. protests against him must widen—71% of Far from being any old technology, the tion could be seriously threatened. Yet Ukrainians tell pollsters he should go. The Ukraine as it exists today is a most difficult radar system in question could make a sig- reformist former prime minister, Viktor nificant difference for Iraq. If the U.S. goes partner for the West to take on. Its economy Yushchenko, must try to woo Mr. Kuchma’s remains a post-Communist shambles, and to war, Mr. Kuchma will have tried to pro- wavering supporters, among them oligarchs vide deadly technology that could cost the though it is nominally a democracy its presi- and regional leaders, to support a transition. dent, Leonid Kuchma, has frequently re- lives of American pilots. Whatever the next Diplomatic isolation of Mr. Kuchma by the steps taken against Iraq, Ukraine’s president sorted to thuggish tactics. His own poll rat- U.S. and Europe must be airtight and con- ings are in single digits, but Mr. Kuchma cannot escape without paying a heavy price. fined to the president and his corrupt cro- If the U.S. succeeds in installing a rigorous managed to manipulate a recent parliamen- nies, not the entire Ukrainian government or tary election so that his cronies, rather than U.N. inspections regime, an example must be nation. Finally, Russian President Vladimir made of Mr. Kuchma to ensure international opposition parties that won 70 percent of the Putin, who stands by Mr. Kuchma, must be popular vote, maintained control. compliance with anti-Iraq sanctions. convinced that Russian interests would be President Bush’s anger over the plot by a Of even greater concern in Ukraine’s in- better served by a reformist-led coalition volvement in improper arms trafficking and country that was once the third biggest re- government including significant representa- cipient of U.S. foreign aid is said to be pal- service as a transit point for illegal drugs tion from Ukraine’s pro-Russian eastern re- and other contraband. Floating Western ap- pable. U.S. officials suggest Mr. Bush is espe- gions. cially livid that Mr. Kuchma plotted the sale peals, Ukraine’s big weapons companies have The current U.S. review of its Ukraine pol- shipped arms to Macedonia, Serbia and East to Iraq just before a summit in 2000 with icy must include initiatives that help en- President Clinton, where the U.S.-Ukraine Africa; secretly recorded audiotapes suggest courage these trends while ensuring that that Mr. Kuchma himself at least discussed ‘‘strategic partnership’’ was celebrated. U.S. change is constitutional and peaceful. officials responsible for Ukraine policy are selling sophisticated antiaircraft systems to For months, Ukraine’s rumor mills have Iraq. Iraq recently opened an embassy in also indicating they believe Ukraine’s been working overtime with hints that a ‘‘Kolchuha’’ early-warning radar system has Kiev and announced it was interested in pur- deal to pave the way for a post-Kuchma chasing Ukrainian industrial goods and tech- been deployed in Iraq, suggesting there is Ukraine is in the works. One possible com- some intelligence data to reach such a con- nology. promise would be to give Mr. Kuchma blan- The Bush administration and most Euro- clusion. ket amnesty for past transgressions. Even pean governments have steadily distanced The new Iraq revelations come in the wake Yuliya Tymoshenko, a former economic themselves from Mr. Kuchma. Congress has of incriminating details contained in hun- magnate and deputy prime minister who is reduced U.S. aid. Some officials argue that dreds of additional hours of clandestinely Mr. Kuchma’s most bitter enemy, supports Ukraine should not be invited even to begin taped conversations of Mr. Kuchma’s meet- such a deal. As she told me several months discussions with NATO on conditions for beings recorded and smuggled out of the coun- ago, ‘‘If one criminal can sleep easily so that coming a member, at least as long as Mr. try by his former bodyguard who lives in the rest of the country can sleep well, then Kuchma and his cronies are in power. But exile in the U.S. These depict a crude and so be it.’’ NATO, which has laid out comprehensive and venal leader at the center of corrupt and RUSSIA’S CYNICAL EMBRACE detailed reform programs for each of the criminal behavior. Several of the conversa- countries seeking membership offers later tions have been authenticated by the Vir- If Mr. Kuchma resigns, Ukraine’s Iraq-gate this year, could also provide a structure for ginia-based voice analysis firm Bek Tech, will have borne positive fruit. If he does not, long-term change by Ukraine. A dialogue headed by a former FBI operative. the U.S. will confront two problems: could constructively begin on such issues as The behavior appears to fit a pattern. Mr. Ukraine’s president will demonstrate to arms sales, drug trafficking and military re- Kuchma’s Ukraine has emerged as a leading other leaders that you can conspire with Iraq form, with the understanding that these are supply source for illicit traffic in global and get away with it. And Mr. Kuchma’s in- the first steps in a membership preparation arms. In defiance of a U.N. embargo, arms evitable isolation will drive Ukraine, a stra- process that could extend for a decade. Mak- and ammunition of Ukrainian origin have tegically important country of 50 million ing countries such as Ukraine fit for the club been seized in the weapons caches of Unita that sits on NATO’s eastern frontier, into of Western democracies may not be NATO’s guerrillas in Angola. Widespread allegations Russia’s cynical embrace. first purpose, but the alliance is the best ve- suggest Ukrainian weapons breached a mid- Both outcomes would cause headaches for hicle that exists for managing what is, ulti- 1990s arms embargo in the former Yugoslavia Europe and the U.S. But the worst would be mately, a transition vital to long-term Euro- and helped equip Afghanistan’s Taliban. In if Ukraine’s movement toward Europe, de- pean security. 1997, Nigerian authorities alleged that mocracy and the rule of law is hijacked by Ukraine was involved in the sale of three air- Mr. Kuchma’s insistence on remaining in of- [From the Washington Post, Sept. 22, 2002] craft fighters to rebels from Sierra Leone. fice. For years, Ukrainian officials strenuously UNFINISHED BUSINESS IN EUROPE denied that the illegal arms trade was offi- [From the Washington Post, Aug. 8, 2002] (By Michael McFaul) cially sanctioned. But the authenticated UKRAINE AND THE WEST President Bush has made a strong commit- Kuchma tape suggests that while Ukraine is NATO’s coming eastward expansion and its ment to a distinct tradition in international not a rogue state, it has a rogue president. new partnership with Russia have prompted diplomacy by stating repeatedly that the Apart from the Iraq conversation, there is a a major change in direction by one of Eu- United States has a strategic interest in re- tape of a meeting between Mr. Kuchma and rope’s largest and most unsettled nations, gime change in Iraq. If Iraq changes from

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10648 CONGRESSIONAL RECORD — SENATE October 17, 2002 dictatorship to democracy, so the argument their citizens basic democratic rights. To be eration of H.R. 4125. I have some con- goes, then Iraq will follow a friendlier for- a successful and credible doctrine, however, cerns with this bill and would like to eign policy toward the United States. this strategy must be applied consistently. review it further. In addition, there are To make his case, Bush has a powerful his- When diplomatic historians look back on torical experience to draw upon: the end of other Federal courts improvement the 1990s, they should describe it as the era measures that could be added to make the Cold War. Regime change in Eastern Eu- of European integration. They will do so, rope and the Soviet Union fundamentally en- however, only if the project is completed. As this bill better, such as my Sunshine in hanced American national security. If Iraq the Bush administration begins the process the Courtroom legislation, which possessed Russia’s nuclear arsenal today, the of promoting democratic regime change would allow federal judges discre- United States would be in grave danger. Two along a new frontier in the Muslim world, it tionary authority to allow media cov- decades ago we feared this same arsenal in must also finish the job on the European erage of Federal court proceedings with the hands of the Kremlin. Today we do not. frontier. appropriate safeguards. The reason we do not is that the regime in The writer, a Hoover Fellow and professor f Russia has become more democratic and of political science at Stanford University, is market-oriented and therefore also more a senior associate at the Carnegie Endow- MILITARY CONSTRUCTION APPRO- Western-oriented. Unfortunately, the task of ment for International Peace. PRIATIONS CONFERENCE RE- promoting democratic regime change in the former Soviet Union is not complete. In f PORT FOR FISCAL YEAR 2003 rightly focusing on how to promote demo- STEPHEN AMBROSE Mr. MCCAIN. Mr. President, I rise yet cratic regimes in the Muslim world, the Bush again to address the Senate on the sub- administration is failing to complete the Mr. KOHL. Mr. President, I rise ject of military construction projects consolidation of capitalism and democracy today as an original cosponsor of Sen- added to an appropriations bill that in the former communist world and the inte- ator LANDRIEU’s resolution honoring were not requested by the Department gration of these new democracies into the the life of Dr. Stephen E. Ambrose, a Western community of democratic states. of Defense. This bill contains over $900 To assume that this process of democra- distinguished historian, storyteller and million in unrequested military con- tization and integration will march forward treasure of the State of Wisconsin. struction projects. without American prodding is misguided. Born in Whitewater, WI, Dr. Ambrose I did not object to the unanimous First, the lines between East and West in Eu- attended the University of Wisconsin consent request to proceed to a voice rope are beginning to harden, not fade. After for both his undergraduate and his doc- vote on the fiscal year 2003 Department the next round of expansion, the European torate, molding a career in American of Defense Military Construction ap- Union is very unlikely to offer membership history and embarking on a path he al- propriations conference report because to countries farther to the east in the near most didn’t take. From his first book, on the day that this funding bill future. Bureaucrats in Brussels simply laugh when the idea of Russian or Ukrainian mem- ‘‘Wisconsin Boy in Dixie,’’ published in passed, I had managed the floor for bership in the EU is raised. NATO has moved 1961, Dr. Ambrose went on to publish more than 16 hours while the Senate more aggressively to extend its borders east- more than 30 books, captivating audi- proceeded with the serious matter of ward, but it too will become fatigued and in- ences, young and old, for 41 years. debating and finally approving the wardly focused after the next round of ex- Dr. Ambrose once said, ‘‘When I’m Iraqi War Resolution. pansion. If the prospect of membership in writing at my best, I want to share my America remains at war, a war that NATO and the EU can no longer be consid- own discoveries with the reader. I want continues to unite Americans in pur- ered a foreign policy goal for those left out to take people to a new understanding suit of a common goal, to defeat ter- of the next wave of expansion, then the pull rorism. All Americans have, and of the West will diminish. of an event, an individual or a story. I Second, democratization on the periphery want them to be as amazed as I am.’’ It undoubtably in the future will make of Europe has stalled. A dictator who praises was with this great love for story- sacrifices for this war. Many have been Stalin and Hitler runs Belarus. President telling Dr. Ambrose catapulted readers deeply affected by it and at times Vladimir Putin has weakened democratic in- into the horrific, yet glorifying days of harmed by difficult, related economic stitutions and grossly violated the human World War II, reigniting old memories circumstances. Our servicemen and rights of his own citizens in Chechnya in his and sparking new compassion among women in particular are truly on the attempt to build ‘‘managed democracy’’ in those who lived through the era and front lines in this war, separated from Russia. In Ukraine, President Leonid their families, risking their lives, and Kuchma aspires to create the same level of those who have only read about it in state control over the democratic process as history books. He dedicated numerous working extraordinarily long hours Putin has achieved in Russia to ensure a books to the courage and sacrifice of under the most difficult conditions to smooth—that is, Kuchma-friendly—transi- the men and women who fought in accomplish the ambitious but nec- tion of power when his term ends in 2004. In World War II and is the founder of The essary task their country has set for contrast to Russia, Ukraine has a vibrant National D-Day Museum in New Orle- them. democratic opposition, whose leader, Viktor ans, LA, the only museum in the coun- Every year, I come to the Senate Yuschenko, is likely to win a free and fair try dedicated to ‘‘all of the ‘D-Days’ of floor to highlight programs and presidential election. This vote in 2004 will projects added to spending bills for pri- be free and fair, however, only if the West is World War II, and to those at home who supported these efforts.’’ marily parochial reasons. While I rec- watching. Only in Moldova has authorization ognize that many of the projects added creep been avoided, but that’s because of the From a little-known history pro- weakness of the state, hardly a condition fessor came this thunderous voice for to this bill may be worthwhile, the process by which they were selected is conducive to long-term democratic consoli- the thousands of Americans who fought not. dation. to preserve the freedom of this coun- Over time, the combination of a closing There are 26 conferees of the Appro- try. His contributions to the historical Western border and growing authoritar- priations Military Construction Con- ianism on the Eastern side of this wall spells education of the American people are ference report who represent 19 States. disaster for American security interests in both priceless and unmatched. His Of those 19 States only one, Wisconsin, the region. As the United States gears up to knowledge, enthusiasm and dedication did not have projects added on this ap- create new regimes with a democratic and to the preservation of hometown he- propriations bill. Of 119 projects added Western orientation in the Middle East, it roes and history enthusiasts alike will may be losing the gains of similar efforts of to this bill, 60 projects are in the states be greatly missed. Speaking on behalf represented by the MILCON Appropria- democratic promotion in the communist of the state of Wisconsin, this country world during the Cold War. tions Conferees, totaling over $530 mil- Obviously, President Bush’s foreign policy has certainly lost one of its finest his- lion. Those numbers, needless to say, team is overworked and focused now on Iraq. torians. go well beyond the realm of mere coin- Nonetheless, the United States should be f cidence. able to conduct more than one foreign policy By adding over $900 million above the at the same time. In numerous speeches, HOLD TO H.R. 4125 President’s request, the Appropriations Bush has already outlined his grand strategy Mr. GRASSLEY. Mr. President, I for foreign policy. He has stated repeatedly Conference Committee is further drain- that the United States should champion free- would like to inform my colleagues ing away funds desperately needed for dom and liberty for people around the world, that I have requested to be notified of enhancing our warfighting capability. and when necessary even promote regime any unanimous consent agreement be- Commonsense reforms, closing mili- change in those countries that do not offer fore the Senate proceeds to the consid- tary bases, consolidating and

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 17, 2002 CONGRESSIONAL RECORD — SENATE S10649 privatizing depot maintenance, ending the Armed Services Committee, Sen- know that their Nation is united be- ‘‘Buy American’’ restrictions, and end- ator BOB GRAHAM, Chair of the Intel- hind them in gratitude for their serving pork-barrel spending—that I have ligence Committee, and Senator DAN ice, in pride of their dedication to duty long supported would free up nearly $20 INOUYE, Chair of the Defense Appro- and in awe of their bravery. billion per year which could be used to priations Subcommittee in supporting I yield the floor. begin our long-needed military trans- a resolution that focused on the cre- f formation. ation of an international coalition to U.S. TRADE LAWS We are waging a war against a new enforce a tough inspection regime with enemy and at the same time under- real deadlines for Saddam along with Mr. BAUCUS. Mr. President, I would taking a long-term process to trans- the authorization of force to disarm like to engage in a colloquy with the form our military from its cold war him in cooperation with our allies Senator from West Virginia. On May structure to a force ready for the chal- through the United Nations. 23, during the debate of the trade bill, lenges of tomorrow. A lack of political But that is not the approach that was Senator ROCKEFELLER spoke on some of will had previously hamstrung the passed by this body. I hope President the provisions in the Trade Promotion transformation process, but the Presi- Bush will wisely use the broad powers Authority provisions relating to trade dent and his team have pledged to that Congress has given him. I con- remedy laws. There has been continued transform our military structure and tinue to hope he will take the time to discussion of these issues over the past operations to meet future threats. assemble a worldwide coalition—ready several months, so I would like to take The reorganization of our armed to use force if necessary—that will con- this opportunity to clarify that the services was an extremely important vince Saddam he has no choice but to points we made in discussing the Sen- subject before September 11, and it is disarm. ate bill apply equally to the Conference all the more so now. The threats to the But we have had the debate. We have Bill. security of the United States, to the had the vote. And it is time for Con- Section 2102(b)(14) of the TPA bill very lives and property of Americans, gress to show there are no Democrats states that it is a ‘‘principal’’ U.S. ne- have changed in the last decade. and no Republicans when it comes to gotiating objective to preserve, in all In the months ahead, no task before supporting our troops. trade negotiations, the ability of the the Administration and the Congress We have shown that support by United States to enforce rigorously its will be more important or require quickly passing the Defense appropria- trade remedy laws and to avoid any greater care and deliberation than tions bill. This ensures our troops will agreement that would require weak- making the changes necessary to have the most up-to-date weapons, ening of the current U.S. antidumping, strengthen our national defense in this fast-moving logistical support and the countervailing duty and safeguard rem- new, uncertain era. Needless to say, best pay and benefits of any armed edies. The Committee on Finance re- this transformation process will re- forces in the world. This is essential to gards strict adherence to this directive quire enlightened, thoughtful leader- support these patriots and their fami- as critical in advancing the economic ship, and not the pork-barreling of lies at home. interests of the United States in future military funds if we are to best serve This bill does that by boosting de- trade agreements. America in this time of rapid change in fense spending to more than $355 bil- The directive encompasses any weak- the global security environment. lion for the fiscal year that began Oct. ening of the existing remedies, whether I look forward to the day when my 1—a $34.4 billion increase over last at the level of statute, regulation or appearances on the Senate floor for year. This new spending will help not agency practice. This means that the this purpose are no longer necessary. I only with any action against Iraq, but Administration must reject any new reiterate, over $900 million in also in honoring our commitments international rule or obligation whose unrequested military construction around the world in the global fight acceptance would lead to relief under projects were added by the Committee against terrorism. our existing trade laws becoming more to the defense appropriations bill. Con- It is important to recognize that this difficult, uncertain, or costly for do- sider how that $900 million, when added bill includes nearly $94 billion to pro- mestic industries to achieve and main- to the savings gained through addi- vide for a 4.1 percent pay increase as tain over time. tional base closings and more cost-ef- well as full funding of all authorized I want to highlight again some exam- fective business practices, could be benefits for all military personnel. ples of new international obligations used so much more effectively. I think all of us agree that war that have been proposed by WTO mem- The problems of our Armed Forces, should always be our last choice. bers, and that would obviously result whether in terms of force structure or But, if it comes to that last resort, I in a weakening of U.S. trade laws and modernization, could be more as- promise that I will do everything with- therefore must be rejected under the suredly addressed and our warfighting in my power to ensure that our armed standard set out in section 2102(b)(14). ability greatly enhanced. The Amer- forces have the weapons and materials These include: ican taxpayers expect more of us, as do they need to defeat any enemy and ex- No. 1, a ‘‘public interest’’ rule politi- our brave servicemen and women who pose our troops to the least possible cizing and encumbering the adminis- are, without question, fighting this war risk. trative processes under which trade on global terrorism on our behalf. We have to remember that it is not remedy laws are currently applied; But for now, unfortunately, they just Iraq that poses a threat. We still No. 2, a requirement to exempt from must witness us, seemingly blind to have troops in Afghanistan and the trade remedy measures items alleged our responsibilities at this time of war, Philippines. We have seen new terrorist to be in ‘‘short supply’’ in the domestic going about our business as usual. attacks in Kuwait, Bali and against a market; f French oil tanker. The war against ter- No. 3, a ‘‘lesser duty’’ rule limiting rorism is far from over and our troops antidumping and countervailing duties SUPPORT FOR OUR TROOPS need support in that battle as well. to some amount less than the cal- Ms. STABENOW. Mr. President, I Upon our Nation’s shoulders have culated margin of dumping or subsidy, rise today to indicate my resolve that fallen staggering duties as the world’s such as the amount supposedly nec- our men and women in uniform have sole remaining superpower. But Ameri- essary to offset the injury; this Senate’s full support in whatever cans already stand on the tall shoul- No. 4, any extension of faulty dispute actions might be taken regarding Iraq ders of our own history and we do not resolution models such as Chapter 19 of and in our ongoing war against ter- shrink from these burdens. the NAFTA; rorism. I believe that if we stand tall for our No. 5, changes to the rules for ‘‘sun- The question has never been whether ideals the world will follow and we can set’’ reviews of antidumping and CVD Saddam should be disarmed but rather disarm Iraq and defeat world terrorism measures which would make it more how best to accomplish that goal. as part of a broad coalition of allies. difficult to keep relief in place; I was pleased to join with my col- If our country acts alone, our men No. 6, additional constraints or cri- leagues, Senator CARL LEVIN, Chair of and women in uniform must always teria for dumping calculations, in areas

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10650 CONGRESSIONAL RECORD — SENATE October 17, 2002 where current WTO rules and U.S. law 2667, H.R. 3656, and H.R. 4073. I ask Local, and Tribal Governments: Greg Waring vest discretion in the administering unanimous consent that the cost esti- (225–3220); and Impact on the Private Sector: authority; and mates prepared by the Congressional Paige Piper/Bach (226–2940). No. 7, special rules and standards Budget Office with regard to these bills Estimate approved by: Peter H. Fontaine, Deputy Assistant Director for Budget Anal- that would make it easier for a par- be printed in the RECORD. ticular group of countries, such as de- There being no objection, the mate- ysis. veloping countries, to utilize injurious rial was ordered to be printed in the U.S. CONGRESS, dumping or subsidies as a means of get- RECORD, as follows: CONGRESSIONAL BUDGET OFFICE, ting ahead in international trade. U.S. CONGRESS, Washington, DC, October 10, 2002. Mr. ROCKEFELLER. I agree, and I CONGRESSIONAL BUDGET OFFICE, Hon. JOSEPH R. BIDEN, Jr., also want to clarify that section Washington, DC, October 10, 2002. Chairman, Committee on Foreign Relations, 2102(b)(14) is a ‘‘no weakening’’ provi- Hon. JOSEPH R. BIDEN, Jr., U.S. Senate, Washington, DC. Chairman, Committee on Foreign Relations, sion, and not a ‘‘no net weakening’’ DEAR MR. CHAIRMAN: The Congressional provision. In other words, it encom- U.S. Senate, Washington, DC. Budget Office has prepared the enclosed cost DEAR MR. CHAIRMAN: The Congressional estimate for H.R. 3656, an act to amend the passes any new international obliga- Budget Office has prepared the enclosed cost International Organizations Immunities Act tion whose acceptance would impair estimate for S. 2667, the Peace Corps Charter to provide for the applicability of that act to current U.S. trade remedies by making for the 21st Century Act. relief costlier, more uncertain, or oth- If you wish further details on this esti- the European Central Bank. erwise harder to achieve and maintain mate, we will be pleased to provide them. If you wish further details on this esti- The CBO staff contact is Joseph C. Whitehill, mate, we will be pleased to provide them. over time. An agreement that includes The CBO staff contact is Joseph C. Whitehill, such changes must be rejected, and it who can be reached at 226–2840. Sincerely, who can be reached at 226–2840. is no answer, insofar as section BARRY B. ANDERSON Sincerely, 2102(b)(14) and the intent of the Con- (For Dan L. Crippen, Director). BARRY B. ANDERSON gress is concerned, to contend that the Enclosure. (For Dan L. Crippen, Director). agreement in question also includes CONGRESSIONAL BUDGET OFFICE COST ESTIMATE Enclosure. some ‘‘strengthening’’ provisions. S. 2667—Peace Corps Charter for the 21st Cen- CONGRESSIONAL BUDGET OFFICE COST ESTIMATE As I believe the strong vote on the tury Act Dayton-Craig amendment dem- H.R. 3656—An act to amend the International Summary: S. 2667 would authorize appro- Organizations Immunities Act to provide for onstrated, it would be a serious mis- priations for the Peace Corps for years 2004 the applicability of that act to the European take to think that an agreement or through 2007 totaling $2.1 billion. It would Central Bank package of agreements can be success- authorize a doubling in the number of volunteers to 14,000 and would increase the author- H.R. 3656 would extend to the European fully presented to Congress for ap- Central Bank (ECB) the same privileges, ex- proval, under fast-track rules or other- ized readjustment allowance paid to returning volunteers to $275 for each month of serv- emptions, and immunities given to the cen- wise, if it includes weakening changes ice. The bill also would authorize $10 million tral banks of sovereign states. Specifically, to our trade remedy laws. in 2003 for a grant program to support re- it would protect the ECB’s assets from judi- I would also like to clarify that this turned Peace Corps volunteers’ efforts to cial process and attachment. The ECB is an negotiating directive does not preclude promote a better understanding of other peo- independent legal entity owned by the cen- U.S. negotiators from addressing the ples on the part of the American people. As- tral banks of the 12 countries of the Euro- very serious shortcomings that have suming the appropriation of the authorized pean Union that comprise the euro area and become apparent in the operation of amounts, CBO estimates that implementing functions as the central bank for the euro. It S. 2667 would cost $1.9 billion over the 2003– holds some of the foreign reserve assets of the WTO dispute settlement system. those countries in the Federal Reserve Bank Mr. BAUCUS. That is exactly right. 2007 period. S. 2667 would not affect direct spending or revenues. of New York and commercial banks in the As explained in the Finance Commit- S. 2667 contains no intergovernmental or United States. The act would assure that the tee’s report on the TPA measure, in a private-sector mandates as defined in the assets held collectively by the ECB retain series of decisions involving trade rem- Unfunded Mandates Reform Act (UMRA) and the same protection they had when they edy measures, the WTO Appellate Body would not affect the budgets of state, local, were held separately by the central banks of and lower dispute settlement panels or tribal governments. its member countries. CBO estimates that have fabricated obligations which our Estimated cost to the Federal Govern- H.R. 3656 would have no effect on federal spending or receipts. negotiators never accepted and bla- ment: The estimated budgetary impact of S. 2667 is shown in the following table. The tantly disregarded the discretion which H.R. 3656 contains no intergovernmental or costs of this legislation fall within budget private-sector mandates as defined in the the Uruguay Round negotiators in- function 150 (international affairs). For this Unfunded Mandates Reform Act and would tended national investigating authori- estimate, CBO assumes that the legislation not affect the budgets of state, local, or trib- ties to retain. These WTO tribunals will be enacted early in fiscal year 2003, that al governments. have violated their mandate not to in- the authorized amounts specified in the bill On March 27, 2002, CBO transmitted an es- crease or reduce the rights and obliga- for each year over the 2003–2007 period will be timate for H.R. 3656 as ordered reported by tions of WTO Members; have imposed provided in annual appropriation acts near the House Committee on International Rela- their preferences and interpretations, the start of each fiscal year, and that out- tions on March 20, 2002. The two versions of lays will follow historical spending patterns. and those of a biased WTO Secretariat, the legislation are identical, as are the two cost estimates. on the United States and on other WTO By fiscal year, in millions of dollars— The CBO staff contact is Joseph C. Members; and have issued decisions 2002 2003 2004 2005 2006 2007 with no basis in the legal texts they Whitehill, who can be reached at 226–2840. This estimate was approved by Peter H. supposedly were interpreting. SPENDING SUBJECT TO APPROPRIATION Spending Under Current Law for Fontaine, Deputy Assistant Director for The effect has been to upset the care- the Peace Corps: Budget Analysis. ful balance achieved in the Uruguay Authorization Level 1 ...... 275 365 0 0 0 0 Estimated Outlays ...... 276 343 72 8 2 0 Round by adding new, and wholly un- Proposed Changes: U.S. CONGRESS, warranted, constraints on the use of Authorization Level ...... 0 10 465 500 560 560 CONGRESSIONAL BUDGET OFFICE, Estimated Outlays...... 0 8 365 474 536 549 trade remedies. The no-weakening di- Spending Under S. 2667 for the Washington, DC, October 10, 2002. rective presents no impediment to the Peace Corps: Hon. JOSEPH R. BIDEN, Jr., Authorization Level...... 275 375 465 500 560 600 Chairman, Committee on Foreign Relations, pursuit of a forceful U.S. agenda to ad- Estimated Outlays...... 276 351 437 482 538 549 dress the problems plaguing WTO dis- U.S. Senate, Washington, DC. 1 pute settlement. The 2002 level is the amount appropriated for that year. Section 3(b)(1) DEAR MR. CHAIRMAN: The Congressional of the Peace Corps Act authorizes the appropriation of $365 million in 2003. Budget Office has prepared the enclosed cost f Intergovernmental and private-sector im- estimate for H.R. 4073, an act to amend the COST ESTIMATES—S. 2667, H.R. 3656, pact: S. 2667 contains no intergovernmental Microenterprise for Self-Reliance Act of 2000 AND H.R. 4073 or private-sector mandates as defined in and the Foreign Assistance Act of 1961 to in- UMRA and would not affect the budgets of crease assistance for the poorest people in Mr. BIDEN. Mr. President, on Octo- state, local, or tribal governments. developing countries under microenterprise ber 8, the Committee on Foreign Rela- Estimate prepared by: Federal Costs: Jo- assistance programs under those acts, and tions ordered reported three bills, S. seph C. Whitehill (226–2840); Impact on State, for other purposes.

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 17, 2002 CONGRESSIONAL RECORD — SENATE S10651 If you wish further details on this esti- initiative in my State of Utah, The keynote addresses, participants are mate, we will be pleased to provide them. Center for Advancement of Leadership. able to choose from a diverse selection The CBO staff contact is Joseph C. Whitehill. The Center for the Advancement of of topics for breakout sessions. The Sincerely, Leadership was approved by the Utah topics are tailored to meet the needs of BARRY B. ANDERSON, (For Dan L. Crippen, Director). Board of Regents in January of 2001 the students, advisors, and business Enclosure. and operates as a part of the Utah Val- and community leaders. CONGRESSIONAL BUDGET OFFICE COST ESTIMATE ley State College School of Business. There is significant demand for the H.R. 4073—An act to amend the Microenterprise The center was established for col- current leadership programs at UVSC. for Self-Reliance Act of 2000 and the For- lege students, K–12 students, and pro- Already 15 students have graduated eign Assistance Act of 1961 to increase as- fessional practitioners to accomplish from UVSC with a ‘‘Certificate in sistance for the poorest people in developing several goals: first, to advance leader- Leadership,’’ 45 are enrolled in the 4- countries under microenterprise assistance ship and character development edu- year integrated studies program with a programs under those Acts, and for other cation through classes, programs, and leadership emphasis, and over 100 tak- purposes conferences; second, to expand the ing classes toward the certification Summary: H.R. 4073 would authorize the body of leadership knowledge through program; the concurrent enrollment appropriation of $175 million in 2003 and $200 studies, projects, and research; and fi- classes have increased from seven high million in 2004 for grants and credits to microenterprise development programs, or pro- nally, to reinforce the importance of schools to 10 high schools, with 13 more grams that would provide access to financial ethical behavior in doing business. waiting to participate; ‘‘No Greater He- service to poor persons in developing coun- In order to accomplish these goals, roes’’ has a waiting list of elementary tries. The act would place emphasis on as- The center has undertaken several schools wanting to participate; and the sistance to persons living within the bottom projects designed to establish leader- attendance at the annual conference 50 percent below a country’s poverty line or ship education programs for each of the has grown from a couple of hundred to living on less than the equivalent of $1 per target demographics mentioned. several thousand. day. CBO estimates that implementing H.R. The focal point of The Center is the I commend the center for taking on 4073 would cost $328 million over the 2003–2007 certification program for students from period, assuming the appropriation of the au- these important projects. I am pleased thorized amounts. The act would not affect all collegiate disciplines attending to be able to share with my colleagues direct spending or revenues. Utah Valley State College, UVSC. Stu- some examples of the fine work done H.R. 4073 contains no integovernmental or dents may earn a ‘‘Leadership Certifi- by the center. I am very supportive of private-sector mandates as defined in the cate’’ that will be a part of their offi- this program and commend it to my Unfunded Mandates Reform Act (UMRA) and cial college transcript by completing 15 colleagues as an excellent example of would not affect the budgets of state, local, credit hours in leadership manage- educational innovation. or tribal governments. ment. Estimated cost to the Federal Govern- f ment: The estimated budgetary impact of The Center and the School of Busi- ness at UVSC have launched a leader- PEACE CORPS CHARTER FOR THE H.R. 4073 is shown in the following table. The 21ST CENTURY ACT estimate assumes this legislation will be en- ship education program that is reach- acted near the beginning of 2003, that the ing students in several of the local high Mr. DODD. Mr. President, I rise specified amounts will be appropriated be- schools. These students, through state- today to express my satisfaction with fore the start of each fiscal year, and that approved concurrent enrollment, are last night’s passage by unanimous con- outlays will follow historical spending pat- receiving college credit in high school sent of S. 2667, the Peace Corps Charter terns. The costs of this legislation fall with- for taking School of Business leader- for the 21st Century Act. I would like in budget function 150 (international affairs). ship classes. to thank Gaddi Vasquez and the staff By fiscal year, in millions of dollars— UVSC Athletics and the center, along of the Peace Corps for their willingness with local school districts and commu- to work with me to come up with a bill 2002 2003 2004 2005 2006 2007 nity-based organizations, have devel- that I believe will make it possible for SPENDING SUBJECT TO APPROPRIATION oped and implemented a program ti- the President to achieve the goal that Spending Under Current Law for tled, ‘‘No Greater Heroes.’’ Student he set during the State of the Union Microenterprise Assistance Pro- grams: athletes from UVSC use a well-planned address in January, namely the dou- Budget Authority 1 ...... 155 0 0 0 0 0 script to present a high-powered, ener- bling of the size of the Peace Corps Estimated Outlays ...... 131 118 66 34 18 10 Proposed Changes: getic program that builds self-con- over the next several years. I am proud Authorization Level...... 0 175 200 0 0 0 fidence in young, elementary school- of the bill we have passed, and I am Estimated Outlays ...... 0 23 91 113 67 34 Spending Under H.R. 4073 for Mi- age children. They are taught char- confident that the provisions it con- croenterprise Assistance Pro- acter-development abilities to set high tains will help us continue to fulfill grams: Authorization Level ...... 155 175 200 0 0 0 standards for themselves. President Kennedy’s original vision of Estimated Outlays...... 131 141 157 147 85 44 The center will also provide support the Peace Corps as an American volun- 1 The 2002 level is the amount appropriated for that year. to the ‘‘Why Try’’ program for junior teer service dedicated to ‘‘promoting Intergovernmental and private-sector im- high schools. ‘‘Why Try’’ was created world peace and friendship.’’ pact: H.R. 4073 contains no intergovern- to provide simple hands-on solutions It is always with tremendous fond- mental or private-sector mandates as defined for helping youth overcome challenges. ness and pride that I speak of the in UMRA and would not affect the budgets of The goal of the ‘‘Why Try’’ program is Peace Corps, as it gives me occasion to state, local, or tribal governments. to help youth answer the question, recall my own years as a volunteer in Previous CBO estimate: On May 1, 2002, ‘‘Why try in life?’’ during times when the Dominican Republic. I have often CBO transmitted an estimate for H.R. 4073 as they are frustrated, confused, or angry spoken of how these 2 years changed ordered reported by the House Committee on International Relations on April 25, 2002. The with life’s pressures. It teaches youth my life. Indeed, living and working two versions of the legislation are identical, that it is worth putting the effort in outside of the United States and seeing as are the two estimates. overcoming the challenges at home, at the way other nations operated for the Estimate prepared by: Federal Costs: Jo- school, and with peers. It also provides first time, I grew to appreciate our na- seph C. Whitehill; Impact on State, Local, opportunity from more freedom and tion more and more, and developed a and Tribal Governments: Greg Waring; and self-respect. strong sense of what it means to be an Impact on the Private Sector: Paige Piper/ The Center also hosts the Annual American. I was proud to share my ex- Bach. Estimate approved by: Peter H. Fontaine, Leadership Conference on the campus perience as an American citizen with Deputy Assistant Director for Budget Anal- of Utah Valley State College. Keynote the people I was there to help. Those 2 ysis. speakers in the past have included such years were invaluable to me, and truly f high-profile individuals as Sheri Dew, brought home to me the value of public Rulon Gardner, Ed J. Pinegar, Steve service. THE CENTER FOR THE Young, and Denis Waitley. During this As remarkable as the success of the ADVANCEMENT OF LEADERSHIP 1-day conference, attendees are able to Peace Corps has been, and as important Mr. HATCH. Mr. President, I rise learn from some of the best minds in a symbol and example it is of public today to highlight a very important the leadership field. In addition to the service, in the aftermath of the tragic

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10652 CONGRESSIONAL RECORD — SENATE October 17, 2002 attacks on America on September 11, it unteers represent, in many ways, U.S. ability on gun manufacturers and deal- has become something more. It has be- diplomacy at its best—reaching remote ers for the violent conduct of third- come a necessity. The terrorist attacks communities as well as urban neigh- party criminals. At common law, tort of last year have shown us that the borhoods, and helping people improve liability would not lie for harm that world has become a much smaller their lives in immeasurable ways. was proximately caused by the inter- place. The United States can no longer The Peace Corps is stronger and more vening acts of a third party. It was uni- afford to neglect certain countries, or popular than ever. Since January, the versally understood that you could not certain parts of the world. We need to organization estimates that there has hold a person responsible for the behav- find ways to help developing countries been a 300 percent increase in inquiries ior of another person whom he did not meet their basic needs, and we need to from potential volunteers. We must en- control. Applying these long-standing do so now. We especially need to act in sure that the Peace Corps has the nec- principles, the vast majority of courts places where the citizens are particu- essary resources to capture and utilize have thrown out these types of gun larly unfamiliar with American values. this unprecedented surge in interest. lawsuits. Now, more than ever, Peace Corps vol- For these reasons, I am pleased to unteers play a pivotal role in helping support S. 2667, which goes a long way Unfortunately, however, some courts us achieve a greater understanding of in advancing and strengthening the have allowed these suits to go forward. America abroad, especially in predomi- Peace Corps. The legislation authorizes Ohio’s Supreme Court, for example, re- nantly Muslim countries. yearly increases in funding for the cently overruled both trial courts and However, if we are to expand the Peace Corps to $560 million in fiscal appellate courts when, in a 4–3 vote, it aims of the Peace Corps, to broaden its year 2007, in order to double the num- reinstated a lawsuit against firearms scope, and to send our volunteers into ber of volunteers over the next 5 years. manufacturers brought by the City of more countries, then we must provide This increase in funding and volunteer Cincinnati. Lower courts in Massachu- the Peace Corps with a new charter and capacity is long overdue, and is now setts have also allowed such lawsuits adequate resources to safely and effec- more crucial than ever. to go forward. tively pursue these objectives. I believe Furthermore, the bill calls for the This type of politicized litigation af- that the legislation that passed the Peace Corps to develop a strategy for fects all firearms manufacturers’ and special placement of volunteers in Senate last night, the Peace Corps dealers’ right to conduct lawful com- countries whose governments are seek- Charter for the 21st Century Act, will merce. These lawsuits thus affect all ing to foster greater understanding be- go a long way to meeting anticipated Americans’ second amendment rights, funding needs, as well as charting the tween their citizens and the United not just the rights of those in the juris- future course for this valuable organi- States, particularly in countries with dictions that have allowed these suits zation. significant Muslim populations. I believe that the Peace Corps Char- Through person-to-person contact, to go forward. For this reason, a Fed- ter for the 21st Century Act will do an Peace Corps volunteers can make great eral solution to this problem is appro- excellent job of modifying the Peace strides in eroding the deep misconcep- priate. Corps Act to better meet the needs of tions of the United States that exist in I, therefore, am pleased to cosponsor both our volunteers and an expanding many cultures. The volunteers give a S. 2268, though I do so with one res- and changing organization. The Peace human face to the term ‘‘American,’’ ervation. The bill as introduced in the Corps is a truly remarkable institution bringing personal knowledge of our Senate appears that it would not only in America, a symbol of the very best ideals and attitudes to communities all bar political lawsuits, but would also of our ideals of service, sacrifice, and over the world. bar recovery for a type of claim that I self-reliance. Our volunteers are to be The legislation also establishes a believe to be legitimate: an action for commended again for their enduring global infectious disease initiative to damages that result if a dealer know- commitment to these ideals, and for comprehensively train Peace Corps vol- ingly or negligently sells a gun to a the way they are able to communicate unteers in the education, prevention criminal. The same concern about bar- the message of the Peace Corps and treatment of the infectious dis- ring this type of lawsuit was raised throughout the world. They deserve eases HIV/AIDS, tuberculosis and ma- during the House of Representatives’ the very best from us, and the passage laria. The HIV/AIDS epidemic has consideration of the House companion of the Peace Corps Charter for the 21st killed more people than the bubonic to this bill, one member knew of a case Century Act is an important step to- plague of the Middle Ages. Five million in his district in which a dealer was ward fulfilling our responsibility to the people were infected with HIV/AIDS in sued for selling a gun to someone who Peace Corps and its volunteers. the past year alone, creating an un- was intoxicated. In response, the House Mr. BIDEN. Mr. President, I support thinkable number of orphans world- Commerce Subcommittee on Com- S. 2667, The Peace Corps Charter for wide. In some countries, the disease merce, Trade, and Consumer Protec- the 21st Century Act. I commend Sen- threatens to wipe out an entire generation added an additional exception to ator DODD for developing this legislation. Tuberculosis and malaria have the bill’s preemption for actions aris- tion and for working closely with the also caused millions more preventable ing from: the supplying of a firearm or administration to advance it through deaths. It is imperative that Peace an ammunition product by a seller for the Foreign Relations Committee, Corps volunteers be equipped with the use by another person when the seller where last week it was reported unani- knowledge and resources to protect knows or should know the person to mously. Support for the Peace Corps is their health, and that of the commu- whom the product has been supplied is not, and should not be, a partisan nities in which they serve, to the likely to use the product, and in fact issue. Senator DODD’s quiet work in greatest extent possible. does use the product, in a manner in- Again, I congratulate and thank Sen- moving this legislation forward is a volving unreasonable risk of injury to ator DODD for his enduring allegiance testament to that principle. himself and others. From promoting environmental con- to the Peace Corps. At a time when we servation, to teaching primary school must do all we can to promote mutual I believe that this House amendment classes; from working to increase food understanding worldwide, this legisla- is sufficient to allow legitimate law- production to training health care tion is an important effort to strength- suits for harm arising from improper workers, Peace Corps volunteers do a en the Peace Corps, the United States’ gun sales to go forward, while still pro- lot of good throughout the world. Since most valuable international volunteer tecting dealers and manufacturers the organization was founded 40 years program. from politicized anti-gun litigation. On ago, over 165,000 volunteers have served Mr. KYL. Mr. President, I rise today the understanding that Senate con- in 135 countries. If you multiply that to cosponsor the Protection of Lawful ferees would accede to this or an equiv- number by the number of people Commerce in Arms Act, S. 2268. I feel alent provision in the House-Senate reached by each volunteer, the phe- that this bill is necessary in light of conference on this legislation, I am nomenal impact of the Peace Corps be- the large numbers of lawsuits initiated pleased to cosponsor the Protection of comes apparent. Our Peace Corps vol- in recent years seeking to impose li- Lawful Commerce in Arms Act.

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 17, 2002 CONGRESSIONAL RECORD — SENATE S10653 RETIREMENT OF CONGRESSMAN conflicts of interest by investment pro- fice to end either his public service or JOHN LAFALCE fessionals, questionable accounting his significant contributions to our Na- Mr. SARBANES. Mr. President, Con- practices, inadequate enforcement ef- tion. In fact, I have every expectation gressman JOHN LAFALCE, the ranking forts by the SEC, and inadequate agen- that JOHN LAFALCE will continue to be member of the House Committee on Fi- cy funding. The colossal failures of an active, thoughtful, and valuable nancial Services, has announced his re- Enron, WorldCom, Global Crossing, and contributor to public debate on critical tirement after 28 years of dedicated other firms, and the devastating im- national issues. service to his constituents in upstate pact on investors and on the working Finally, I pay tribute to JOHN’s staff. New York and to our country. men and women of those companies, JOHN has been the first to point out I rise today to acknowledge and ap- have more than justified JOHN’s con- that he has always surrounded himself plaud the interests and accomplish- cerns. with talented people. Jeanne ments of JOHN LAFALCE during his long JOHN was a prime mover of the Roslanowick is an outstanding public and productive career in Congress, and sweeping corporate accounting reform servant, and we will miss working with to wish him the very best in his future legislation signed into law by Presi- her and the rest of his staff. endeavors. We served together in the dent Bush on July 25, 2002. JOHN actu- f House, and we worked closely on a bi- ally introduced in the House in early LOCAL LAW ENFORCEMENT ACT cameral basis for many years on a vari- February of this year the first com- OF 2001 ety of financial, consumer, and comprehensive legislative solution offered munity development issues. to address the serious problems in the Mr. SMITH of Oregon. Mr. President, By way of background, JOHN LA- capital markets and corporate board- I rise today to speak about hate crimes FALCE was first elected to Congress rooms. JOHN deserves the praise he has legislation I introduced with Senator from the 32nd Congressional District of received from many consumer, inves- KENNEDY in March of last year. The New York in 1974 as part of the ‘‘Water- tor, and labor groups for his leadership Local Law Enforcement Act of 2001 gate class.’’ His victory was the first in helping to achieve these landmark would add new categories to current by a Democrat since 1912. His constitu- reforms. A comment by AFL–CIO presi- hate crimes legislation sending a sig- ents then had the wisdom to return dent JOHN SWEENEY is typical of the nal that violence of any kind is unac- him to Washington as their representa- praise JOHN received: ‘‘I particularly ceptable in our society. tive 14 times. Since his arrival in the want to thank Congressman LAFALCE, I would like to describe a terrible House, his committee assignments who has really stood out these last few crime that occurred July 23, 2001 in have included the Committee on Bank- months as a leader ready to take on Thibodaux, LA. Two white teens ating, Finance and Urban Affairs—the powerful Wall Street and big money in- tacked and injured a black woman by counterpart to the Senate committee I terests on behalf of working families.’’ shooting her in the face with a am honored to chair—and the Com- I want to make one last observation paintball gun. The victim and her hus- mittee on Small Business, which he about JOHN’s legislative legacy. Over band were walking through their front chaired from 1987 until 1994. He was the years, he has been a tireless and yard when the two teens attacked. elected ranking Democrat on the re- committed crusader for consumers and Prior to the assault, the teens were named Committee on Financial Serv- community development. heard to say that they wanted to ices in 1998. For example, in the area of financial ‘‘shoot black people’’, and police inves- I know firsthand of JOHN’s passion privacy, where JOHN and I have worked tigated the incident as a hate crime. for public policy—and the intellectual so closely together, it was legislation The victim was treated for her injuries vigor he brought to its formulation— that JOHN had introduced in 1998 and in a local hospital. because of our common interests and 1999 that laid the basis for the historic I believe that Government’s first frequent collaboration in such areas as financial privacy protections that Con- duty is to defend its citizens, to defend consumer protection, housing and com- gress included within Gramm-Leach- them against the harms that come out munity development, the safety and Bliley. Since then, JOHN and I have of hate. The Local Law Enforcement soundness of the financial system, cor- continued to work on new legislation Enhancement Act of 2001 is now a sym- porate accountability, financial mod- to further enhance these financial pri- bol that can become substance. I be- ernization, and the effectiveness of vacy protections. lieve that by passing this legislation international lending programs. Similarly, JOHN has been a leader in and changing current law, we can Let me offer some illustrations. Con- the fight against predatory lending. He change hearts and minds as well. gressman LAFALCE was a leader in the crafted excellent legislation that would f longstanding efforts to modernize the provide real and substantive protec- Nation’s complex financial services tions for the many homeowners, many SALUTE TO LIEUTENANT COLONEL system to promote competition be- of whom are elderly, minorities, or im- LEE A. ARCHER, JR., USAF (RET.) tween financial intermediaries while migrants who are financially unsophis- Mr. LEVIN. Mr. President, tomorrow protecting consumers and ensuring ticated, who fall prey to unscrupulous night I have the privilege of speaking that financial institutions continue to mortgage lenders and brokers. I have at the Tuskegee Airmen National His- contribute to community development used JOHN’s bill as a basis for my own torical Museum’s 17th Annual Salute and provide services to unserved and legislation here in the Senate. Reception and Dinner in my hometown underserved communities and popu- JOHN has also been a strong and con- of Detroit. This event is held each year lations. Early in 1999, working closely sistent advocate for the Community at the museum to present an out- with the Clinton Treasury Department, Reinvestment Act. During the debate standing individual with a Distin- JOHN helped to jump-start serious con- surrounding financial modernization guished Achievement Award. This sideration of financial modernization legislation, we opposed those who year’s honoree is Lieutenant Colonel legislation by garnering administra- wanted to either repeal or undermine Lee A. Archer, who was one of the tion support for the first time in the it. He has been an ardent defender of original Tuskegee Airmen. He is being recent history of that debate. That bill funding for affordable housing and honored for his exemplary military, provided the basis for the eventual bi- community development and has taken corporate executive, and entrepre- partisan agreement that led to enact- the lead in enacting into law important neurial careers. ment of Gramm-Leach-Bliley, referred elderly housing and homeless preven- Colonel Archer was born in 1921 and to by The New York Times as ‘‘land- tion provisions. In addition, he has de- enlisted in the Army in 1941. He remark legislation. . . . The pre-eminent veloped major legislative initiatives to ceived his commission after training at legislative accomplishment of the expand homeownership opportunities, the Tuskegee Army Air Field in Ala- year.’’ and reform the mortgage loan process. bama and was assigned to the 332nd More recently, JOHN has been a lead- I have had the pleasure and privilege Fighter Group. He successfully flew 169 ing advocate for strong investor proof knowing and working closely with combat missions over central and tections. He sounded some of the ear- JOHN for almost three decades. I do not southern Europe and had 4.5 confirmed liest and most accurate alarms about expect his retirement from elective of- aerial victories. He modestly shared

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10654 CONGRESSIONAL RECORD — SENATE October 17, 2002 credit with another pilot for the first in the United States Armed Services. in our creative community and one of victory but a subsequent review indi- This Executive Order played a vital our most important exports. cated that he deserved full credit and role in the subsequent integration of Again, I am grateful that the authors the coveted status of ‘‘Ace.’’ He re- our Nation. The valor and dedication of of this legislation were willing to work ceived the Distinguished Flying Cross the Tuskegee Airmen played a vital with me to include these modifications and the Air Medal with 18 Oak Leaf role in changing our Nation’s attitude and I strongly support enactment of Clusters and numerous other awards toward integration and racial diver- this legislation into law. over the course of his Active Duty ca- sity. f reer, which lasted 29 years. The author and historian Edith Ham- AMERICA’S STRENGTHENED These tremendous accomplishments ilton, commenting on the works of the RESOLVE would probably satisfy most people. ancient Greek dramatist Aeschylus, But Colonel Archer has since gone on said, ‘‘Life for him was an adventure; Mr. SANTORUM. Mr. President, this to have an equally successful business perilous indeed, but men are not made year, we did not wait passively for Sep- career. After retiring from the Air for safe havens.’’ Certainly, life for Lee tember to arrive; we began preparing Force, he joined the General Foods Archer has been an adventure, perilous weeks ago to greet this month with of- Corporation in 1970 and became a direc- indeed. Certainly, Lee Archer was not ferings of memorial in hand. At serv- tor just 1 year later. In 1975, he was made for safe havens; nor has he ever ices across the Commonwealth and in elected corporate vice president of sought them. All Americans are the remembrances around the country, last General Foods. Over the years, he also better for it. fall’s attacks have again drawn the served as president, chairman, and f focus of our Nation. There is a new sen- chief executive officer, CEO, of Van- timent this time around, though, one CYBER SECURITY RESEARCH AND guard Capital Corporation; chairman that is hopeful, grateful, more deter- DEVELOPMENT ACT, S. 2182 and CEO of Hudson Commercial Cor- mined, and less confused. poration; and Chairman and CEO of Ar- Mr. HATCH. Mr. President, I rise to For all of us, it has been a week of re- cher Associates, LTF, a venture capital comment on the passage of H.R. 3394, flection on the losses and lessons of the holding corporation. This is just a par- the Cyber Security and Research De- attack that changed our history and tial listing, and doesn’t include his nu- velopment Act. I want to specifically our lives. The destruction wrought by a merous civic activities and board mem- congratulate and thank Senators hateful few was intended to unravel berships. ALLEN and WYDEN for proposing this America’s strength, but it has only Colonel Archer, along with his fellow measure and for working with me to made us stronger. And from this Tuskegee Airmen, and the other mem- address a few concerns I had relating to strength, we have come to understand bers of the ‘‘Greatest Generation’’ who ensuring appropriate national security that the tragedy of last September 11 fought in the Second World War have protections. has in fact blessed us with an oppor- earned our Nation’s enduring respect This important legislation authorizes tunity. The attacks are still tangible and gratitude for their heroic and self- computer and network security re- in Pennsylvania, and so we take this less deeds in defense of our country, search and development and research opportunity very seriously, proud to our freedoms, and our way of life. fellowships through the National have a part in creating a positive leg- Regrettably, the Tuskegee Airmen Science Foundation and the Secretary acy for 9/11. It was aboard the plane faced rigid segregation and a prevailing of Commerce for the National Institute that crashed in Shanksville that Amer- prejudice that questioned their ability of Standards and Technology. This leg- ica’s response to terrorism first began. to serve as Airmen and prevented them islation is an important step in pro- Somerset County, for this reason, from training and working with their tecting our country’s computer infra- will be a symbol of the heroism and white counterparts. But they certainly structure, and will quickly bear fruit sacrifice that a few brave, ordinary proved their mettle. Led by the re- by increasing research and develop- citizens chose to exhibit when faced cently departed General Benjamin O. ment in this critical area. with the most difficult and dangerous Davis, the first black general in the Air Our country’s computer infrastruc- situation of their lives. Shanksville, Force; Colonel Archer; and so many ture is critical to our nation’s home- the World Trade Towers, and the Pen- other valiant men, the Tuskegee Air- land defense. This measure is a much tagon can all be reminders of what the men flew over 15,500 sorties, completed needed effort to improve our research American spirit is capable of over- over 1,500 combat missions, and downed and development efforts in this area by coming, of what Todd Beamer meant over 260 enemy aircraft. They even enlisting and bolstering research by when he said, ‘‘Let’s roll,’’ if we as a sank a German destroyer in the harbor our universities, colleges, and research Nation choose to make it so. The anni- of Trieste, Italy. Amazingly, no bomber entities. At the same time, I wanted to versary of September 11 should, there- escorted by the Tuskegee Airmen was ensure that access to such critical fore, be about the resolve to honor the ever downed by enemy aircraft. cyber-research information is appro- memories of all those lost to the ter- All in all, 992 men graduated from priately tailored to ensure that our na- rorist attacks by living to make our- pilot training at Tuskegee during tional security interests are protected. selves, our communities, and our coun- World War II, 450 of whom were sent Mr. President, I want to highlight try better. overseas for combat assignment. One the modifications that I proposed and Looking back over the past twelve hundred and fifty men made the su- were included in the bill. These in- months, the most inspiring aspect of preme sacrifice for our Nation and were clude: (1) expanding the purposes for the national recovery effort was the killed while in training or on combat such grants to include research to en- compassion, cooperation, and concern missions. Thirty-two downed Airmen hance law enforcement efforts to de- that citizens across the country shared were taken as prisoners of war. tect, investigate and prosecute cyber- with one another. Through the charity Collectively, the Tuskegee Airmen crimes, including those that involve pi- of time, prayer, blood, consolation, received 3 Presidential Citations, 95 racy of intellectual property, and (2) money, and other expressions of sup- distinguished flying crosses, 8 purple ensuring compliance with the immigra- port, Americans exhibited a goodwill hearts and 14 bronze stars. tion laws by requiring that those who that is rarely seen so universally, but Upon returning home from war, these receive funds comply with United comes so naturally to us all at times of Airmen found a society still deeply States immigration laws and are not crisis. As we settle back into our nor- segregated. The Tuskegee Airmen from countries that sponsor inter- mal, peaceful lives, however, this good- themselves remained segregated from national terrorism terrorism, unless will tends to steal away from us. As a the larger military and were unable to the Attorney General and Secretary of result, our collective awareness of a provide their skills and aptitude to States make an individualized deter- common humanity and a world view other units that were in dire need of mination that the individual is not a larger than our own back yards also be- qualified airmen. It was not until threat to our national security. Theft gins to fade. In the aftermath of 9/11 President Truman issued Executive of intellectual property on the internet and the years to follow the shock of Order 9981 that segregation was ended is becoming a serious threat to many terrorism on our soil, we must renew

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 17, 2002 CONGRESSIONAL RECORD — SENATE S10655 the commitment we have to our neigh- Veterinary Laboratory in a position to Senate debated the addition of a pre- bors, our communities, and our Nation. be able to process CWD tests, USDA scription drug benefit to the Medicare Across the country, we can make the must be vigilant in ensuring that these program in July, there was clear agree- courage and responsibility displayed by Government labs are ready in the next ment that such a benefit was badly the heroes at Ground Zero endure. In month. In addition, I also urge USDA needed and that time was of the es- this way, we will triumph over evil and to assist the State of Wisconsin in en- sence for delivering such a benefit to devastation, and we can try to make suring that the labs that will process America’s seniors. Over several weeks sense out of all that we have suffered. Wisconsin’s CWD tests provide accu- of debate on prescription drugs, When I first visited the cratered field rate and prompt information regarding progress was made toward agreement, in Shanksville, and when I returned to the test processing costs. but unfortunately, the discussion was that crash site this week, I was struck I commend the USDA for finally tak- cut short by the August recess. by the importance of our continued ing steps to provide more testing op- I believe this issue is so important, hope. I was also inspired by the portunities through Government labs. and so urgent for seniors, that I stand strength of those Flight 93 family But the USDA must do more, including before you today to say that this Con- members, now carrying the torches of continuing efforts to certify private gress should stay in session until we their loved ones who gave their last labs, like the Marshfield Clinic, and to are able to pass a prescription drug measure of bravery for our nation. I approve rapid test kits for this fall’s benefit for our seniors. It is not too have resolved to make every day a me- hunt. I want to ensure that USDA late to pass a prescription drug bill morial to September 11th by working meets, and I hope exceeds, its commit- this year. to keep the bigger picture in mind and ment of providing 200,000 additional With the help of new treatments and a better world in sight. I hope you will tests to Wisconsin’s hunters for this therapies, it is now possible for seniors find your own way to keep and exhibit year’s hunt. to live longer and better than at any this renewed American spirit in your To that end, I hope that the adminis- other time in history. Every day that lives. May God bless you and our great tration will endorse my legislation, S. Medicare excludes prescription drugs country. 3090, the Comprehensive Wildlife Dis- from coverage is a day that countless f ease Testing Acceleration Act of 2002. seniors will not have access to medica- This legislation would provide hunters tions that could improve their health— USDA TESTING FOR CHRONIC with more testing opportunities for or save their lives. In addition, every WASTING DISEASE chronic wasting disease by requiring year that passes without adding a pre- Mr. FEINGOLD. Mr. President, I rise USDA to develop appropriate testing scription drug benefit to Medicare, the today to urge Secretary Veneman to protocols and to certify private labs to cost of adding such a benefit increases provide more details on the United conduct CWD tests. substantially. States Department of Agriculture’s re- My legislation will remove bureau- In recent weeks, there has been a lot cent announcement regarding chronic cratic roadblocks by requiring the of talk about adjusting Medicare pay- wasting disease, CWD, testing, and USDA to expand the number of labs ments to reimburse health care pro- urge her to provide hunters with more that can provide CWD testing to hunt- viders fairly for treating seniors. My testing opportunities for CWD. ers. Until I am satisfied that USDA has home state of Oregon ranks 46th in the On Tuesday of this week, USDA an- done everything possible to bring this country for Medicare spending per ben- nounced an increase of up to 200,000 disease under control, I will continue eficiary. These incredibly low Medicare more Government-approved tests for to press this legislation forward. reimbursement rates have made it im- chronic wasting disease this deer hunt- Our 2001 deer hunt involved more possible for some health care providers ing season. Prior to the announcement, than 400,000 deer. With only 250,000 to continue serving Medicare bene- USDA officials have said labs certified tests total for Wisconsin, some hunters ficiaries. This means that many seniors to test for the disease would only ac- may still lack the ability to have their in Oregon are now having difficulty commodate the needs of the Wisconsin deer tested. USDA must continue ef- even finding a health care provider to Department of Natural Resources, forts to provide more testing opportu- see them. Therefore, I am very sup- DNR, and not provide testing opportunities for hunters. By certifying pri- portive of the Medicare provider pay- nities for hunters. vate labs like the Marshfield Clinic and ment components of the package pro- I appreciate USDA’s recent decision approving a rapid test this fall, USDA posed by Senators BAUCUS and GRASS- to allow Government laboratories cer- can ensure that Wisconsin hunters LEY, and I urge passage of this legisla- tified by the U.S. Department of Agri- have the information they deserve. tion before this Congress adjourns. culture, USDA, to offer an additional Action on this problem is urgently However, I also believe there must be 200,000 chronic wasting disease or CWD needed. I am glad that the Secretary renewed interest in reaching a con- tests to Wisconsin hunters. As I noted has finally begun to take a step in the sensus on how to add an affordable, in my September 24, 2002, letter to Sec- right direction, and I urge her to un- universal, voluntary prescription drug retary Veneman, given hunters’ con- dertake all the necessary measures to benefit to Medicare this year. cerns in my state, it is appropriate for bring these diseases under control. I know we have a lot of work to do USDA to offer any excess test proc- f this year. Urgent work, important essing capacity in the Government sys- PRESCRIPTION DRUGS work. But I can think of no more im- tem to Wisconsin on a priority basis. portant issue than ensuring that our This assistance from USDA allows Wis- Mr. SMITH of Oregon. Mr. President, parents, our neighbors, our friends, our consin to be able to offer testing to our we have been debating important Nation’s seniors, never have to lose hunters on request, and gives Wis- issues in the Senate these past few their homes when they lose their consin hunters access to the ‘‘gold weeks, Homeland Security, and the health. We can pass a prescription drug standard’’ immunohistochemistry, possibility of war in Iraq, and other bill this year, and we must. I urge my IHC, test. issues that have resulted from 9/11. colleagues to stay in Washington until While I commend USDA for these ef- While these important debates take we are able to pass a prescription drug forts, I will be closely monitoring the place here on the Senate floor and in benefit for our Nation’s seniors, and implementation of the new testing pro- the kitchens and living rooms across have it signed into law. gram in the State, and in particular America, there is still another long- the Department’s stated commitment standing issue that affects the health f of providing 200,000 more tests to Wis- and livelihood of our senior citizens, consin hunters. It is important to note that of prescription drug coverage for FDA APPROVAL OF that nine of the Government labora- our nation’s seniors. BUPRENORPHINE/NALOXONE tories that will be processing Wis- As the end of the legislative year Mr. LEVIN. Mr. President, last week, consin tests this fall have not pre- looms closer, I am angry to say that we the fight against heroin addiction took viously conducted such tests. Given the are no closer to having a prescription a major leap forward after a decade of time it took to get the Wisconsin State drug program for our seniors. When the struggle. On October 8, 2002, the Food

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10656 CONGRESSIONAL RECORD — SENATE October 17, 2002 and Drug Administration, FDA, an- The compelling need for this new sys- ficult road for over a decade. First, in nounced the approval of a new anti-ad- tem of treatment is borne out in some providing the resources to help speed diction drug, buprenorphine/naloxone, astonishing data. A recent study by the the development and delivery of anti- which, followed with the directives of a U.S. Office of National Drug Control addiction drugs that block the craving new law I authored along with Sen- Policy, ONDCP, released in January of for illicit addictive substances. Second, ators HATCH and BIDEN, makes a dra- this year, shows that illegal drugs authoring a law that would allow for matic change in the way America drain $160 billion a year from the such medications to be dispensed in an fights heroin addiction. This new anti- American economy; and that the ma- office-based setting rather than cen- addiction drug, developed under a Co- jority of these costs, $98.5 billion, stem tralized clinics, by physicians who are operative Research and Development from lost productivity due to drug-re- certified in the treatment of addiction. Agreement, CRADA, between the Na- lated illnesses and deaths, as well as In 1996, the Senate adopted my amend- tional Institute on Drug Abuse, NIDA, incarcerations and work hours missed ment to the budget resolution to steer and a private pharmaceutical com- by victims of crime. The report found $500 million over 6 years to the Na- pany, has been the subject of extensive that illegal drug use cost the health- tional Institute on Drug Abuse, which successful research and clinical trials care industry $12.9 billion in 1998. Com- resulted in substantial increases in in the United States. The new law, the menting on the release of the study, funding for research conducted by the Drug Addition Treatment Act of 2000, ONDCP Director John P. Walters said: National Institute on Drug Abuse. permits, for the first time, such anti- Drugs are a direct threat to the economic Then, in 1997, when Senator Moynihan addiction medications to be dispensed security of the United States . . . and results and Senator Bob Kerrey joined me in in the private office of qualified physi- in lower productivity, more workplace acci- convening a panel of experts to present cians, rather than in a centralized clin- dents, and higher health-care costs, all of their expert views at a Drug Forum on ic. That change can have a revolu- which constrain America’s economic output. Anti-addiction Research, in an effort to tionary reduction in the number of ad- Reducing substance abuse now would have an immediate, positive impact on our eco- assess the level of progress and needed dicts, the crimes some of them com- nomic vitality. When we talk about the toll support to expedite new anti-addiction mit, and the heroin related deaths that drugs take on our country, especially discoveries. In October, 2000, the Drug which have occurred. on our young people, we usually point to the Addiction Treatment Act, was enacted This newly approved anti-addiction human costs: lives ruined, potential extin- into law. Today, we are taking a giant medication has already been in use in guished, and dreams derailed. This study step forward with the Food and Drug France, where significant success has provides some grim accounting, putting a Administration’s approval of this new been achieved in getting patients off of specific dollar figure on the economic waste anti-addiction drug, which will allow that illegal drugs represent. heroin, reducing drug-related crime for the appropriate and long awaited, and reducing heroin-related deaths. Another recent study, released in conventional, office based approach to For example, user crime in France and September of this year, determined addiction treatment in this country. arrests are down by 57 percent and that the majority of drug offenders in The protections in the new law there has been an 80 percent decline in our State prisons have no history of vi- against abuse are as follows: Physi- deaths by heroin overdose. olence or high-level drug dealing. The cians may not treat more than 30 pa- It is estimated that there are ap- study found that of the estimated tients in an office setting; appropriate proximately 1 million individuals in 250,000 drug offenders in state prisons, counseling and other ancillary services the U.S. who are addicted to heroin. 58 percent are nonviolent offenders. must be offered. Under this legislation The new office-based system is a revo- The authors concluded that these non- the Attorney General may terminate a lutionary change and will make our violent offenders ‘‘. . . represent a physician’s DEA registration if these communities better and safer places to pool of appropriate candidates for di- conditions are violated and the pro- live. It will open the door to tens of version to treatment programs . . . .’’ gram may be discontinued altogether if thousands of individuals to get rid of They went on to say that ‘‘The ‘war on the Secretary of HHS and Attorney their addiction, but are now unable to drugs’ has been overly punitive and General determine that this new type or are reluctant to seek medical treat- costly and has diverted attention and of decentralized treatment has not ment at centralized methadone clinics, resources from potentially more con- proven to be an effective form of treat- where their appearance amounts to an structive approaches.’’ ment. announcement of their addiction and Of the juveniles who land behind bars This great success would not have which for many addicts are difficult to in State institutions, more than 60 per- been possible without the scientific ge- get to for their once or twice a day use. cent of them reported using drugs once nius, leadership and steadfast support According to a report by the Depart- a week or more, and over 40 percent re- of many individuals, including, Dr. ment of Health and Human Services, ported being under the influence of Alan Leshner, who, during his 7-year many individuals who want to get rid drugs while committing crimes, ac- tenure as Director of NIDA, ener- of their addiction will not go to cen- cording to a report from the Bureau of getically led the government initiated tralized clinics, ‘‘. . . because of the Justice Statistics. Drug-related incar- partnership that produced stigma of being in methadone treat- cerations are up and we are building buprenorphine/naloxone for the treatment. . . .’’ The report went on to say more jails and prisons to accommodate ment of heroin addiction; Dr. Frank that HHS was: them, more than 1000 have been built Vocci, a brilliant scientist who heads . . . especially encouraged by the results of over the past 20 years. According to the up Medications Development at NIDA published clinical studies of buprenorphine. July 14, 1999 Office of National Drug and whose tutoring has led me to a bet- Buprenorphine is a partial mu opiate recep- Control Policy Update, ‘‘Drug-related ter understanding of the science of ad- tor agonist, in Schedule V of the Controlled arrests are up from 1.1 million arrests diction; Dr. Charles Schuster of Wayne Substances Act, with unique properties in 1988 to 1.6 million arrests in 1997— State University, a past director of which differentiate it from full agonists such steady increases every year since 1991.’’ NIDA who has conducted clinical trials as methadone or LAAM. The pharmacology on buprenorphine/naloxone, the results of the combination tablet consisting of In a September 3, 2001 interview with buprenorhine and naloxone results in . . . the New York Times, then-Drug En- of which have been presented in testi- low value and low desirability for diversion forcement Administration nominee mony before Congress. Dr. Schuster on the street. Published clinical studies sug- Asa Hutchinson underscored the need has been my resource and my guide on gest that it has very limited euphorigenic af- for drug rehabilitation for nonviolent this issue from the very beginning and fects, and has the ability to precipitate with- offenders, saying that we are ‘‘not his advice and expertise continues drawal in individuals who are highly depend- going to arrest [our] way out of this today; Dr. James H. Woods, Director of ent upon other opioids. Thus, buprenorphine problem.’’ Drug Addiction Research Projects at and Buprenorphine/naloxone products are ex- I believe that the system that we the University of Michigan, has long pected to have low diversion potential . . . and should incerase the amount of treatment have finally put in place will effec- been a progressive force in the area of capacity available and expand the range of tively put America on the right road to addiction research, and has been an ef- treatment options that can be used by physi- fighting and winning the heroin addic- fective voice in the formulation of leg- cians. tion war. It has been a long and dif- islative policy in the area of addiction

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 17, 2002 CONGRESSIONAL RECORD — SENATE S10657 both at home and abroad. Dr. Herbert know the Senator believes fervently that fects in the treatment of heroin abuse and Kleber, Professor of Psychiatry at Co- buprenorphine’s approval is going to produce dependence. lumbia University and one of the Na- some major changes in the treatment of nar- I have been fortunate to work in collaboration’s foremost experts on drug addic- cotic abuse because of the ways that it will tion with Jon-Kar Zubieta, also from the be used in conjunction with The Drug Addic- University of Michigan, using state-of-the- tion and treatment, provided invalu- tion Treatment Act. I wholeheartedly agree art neuroimaging techniques in conjunction able assistance to me in putting to- and I hope what we are seeing today with with behavioral measures to understand the gether this new system of treatment. buprenorphine will be replicated with in- biobehavioral basis of the therapeutic effi- Dr. Chris-Ellyn Johanson, President- creasing frequency in the future. cacy of buprenorphine. Our studies have elect of the College on Problems of In my opinion, we will see the individual clearly demonstrated that because Drug Dependence and Professor in the physician taking an increasingly important buprenorphine’s unique pharmacology as a Department of Psychiatry and Behav- role in dealing with narcotic addiction in a partial mu agonist, it can block the depend- ioral Neuroscience at Wayne State Uni- different way. They will be dealing with indi- ence-related effects of heroin-like drugs and viduals who would not otherwise present in many ways combines the characteristics versity, has made major contributions themselves for the kinds of treatment cur- of the agonist treatment agent methadone to understanding the basis of the rently available. Those who prefer the pri- and the antagonist treatment, naltrexone. buprenorphine therapeutic effects in vacy of individual physician treatment can Further, its pharmacology makes it a drug the treatment of heroin abuse and de- be allowed that privilege with this new medi- with a long duration of action and a remark- pendence; and Dr. Stephanie Meyers cation for it is very, very safe. When we con- able margin of safety. Schim, former president of the Michi- sider that 5 of 6 narcotic abusers are not in So I am very pleased to be here today to gan Public Health Association, who has treatment, it is clear that this new approach welcome buprenorphine into the helped us to understand that drug ad- to therapy is sorely needed. armamentaria for the treatment of heroin We need to show our appreciation to the addiction. Not only will buprenorphine allow diction is a public health problem that National Institute on Drug Abuse and their the expansion of treatment options for clini- is in crisis and that our health policies efforts toward medications development. cians, but because of the legislation spon- should reflect this reality. Were it not for their support in developing sored by Senator Levin to allow office-based In closing, I would like to thank buprenorphine, we would not be having this practice for drugs such as buprenorphine, those who too often go unnoticed, the meeting today. They have supported strong- this option will be available to an increased Senate staff members who kept this ly both the effort to move buprenorphine number of opiate-dependent patients. I want legislation on track despite the many along towards this drug abuse indication, to personally thank Senator Levin and his twists and turns and the unforeseen and related research toward the development staff for their efforts in promoting more ra- of other much needed therapies in the field tionale treatment for heroin addiction. The challenges along the way. My Deputy of drug abuse. Thus, knowing a bit about Drug Abuse Treatment Act of 2000, which al- Legislative Director Jackie Parker, what they have in mind for the future, I lows qualified physicians to treat opiate ad- whose commitment and diligence in think we will be seeing more of these meet- dicts in their office, brings the treatment of moving this issue was characteris- ings. heroin addiction into mainstream medicine. tically unwavering. Bruce Artim, who We need to thank the firm, Reckitt This will not only increase the availability serves Senator HATCH on the Judiciary Benckiser, for sponsoring buprenorphine. It of treatment but will as well destigmatize it. Committee and Marcia Lee of Chair- was clear early in the study of Without this legislation, buprenorphine’s buprenorphine that it might have potential unique advantages could not be effectively man BIDEN’s Subcommittee on Crime as a pharmacotherapy. This has been dem- utilized. and Drugs were undeterred in their re- onstrated quite well. The drug has been fas- I would also like to thank Senator Levin solve to move all obstacles that came cinating to opioid pharmacologists ever and his staff on behalf of the College on in the way of making this new system since it was made public, and its interesting Problems of Drug Dependence. One of the of treatment a reality. pharmacological properties were described. major goals of this scientific organization, Finally, I ask unanimous consent Though some of its pharmacology remains which has been in existence since 1929, is the that the remarks of Dr. James H. elusive to us, it is clear that we may have development of safer and more useful medi- Woods of the University of Michigan, happened upon just the right molecule for cations for the treatment of addiction, in- Dr. Chris-Ellyn Johanson and Dr. opioid abuse treatment. Our Narcotic Center cluding heroin dependence. Most of the sci- Grant at the University, funded by NIDA for entists who have been responsible for the de- Charles R. Schuster of Wayne State some 30 years, has had the objective of im- velopment of buprenorphine are members of University, and Dr. Herbert Kleber of proving upon some of the effects of this organization and have presented their the New York State Psychiatric Insti- buprenorphine. We have made and studied findings with buprenorphine at its annual tute, along with a list of participants, extensively hundreds of chemical relatives scientific meeting. Because of this, CPDD be printed in the RECORD. and found many compounds comparable to has been very involved in pushing for the ap- There being no objection, the mate- buprenorphine, but none superior to it in proval of buprenorphine and has been appre- rial was ordered to be printed in the safety or duration of action. Thus, we believe ciative of the help of Senator Levin in get- that buprenorphine is a substance that will ting approval. RECORD, as follows: be the best of its kind for this type of ther- DR. JAMES H. WOODS, UNIVERSITY OF MICHI- apy. DR. CHARLES R. SCHUSTER, WAYNE STATE GAN, PRESS CONFERENCE ON FOOD AND DRUG I appreciate the concert of effort that it UNIVERSITY ADMINISTRATION (FDA) APPROVAL OF takes to bring this new type of attention to My name is Charles R. Schuster and I am BUPRENORPHINE/NX (BUP), OCTOBER 9, 2002 the problem of drug abuse. It is only with the a Professor of Psychiatry and Behavioral There are a variety of reasons for the sci- combined legislative, governmental, pharma- Neuroscience at the Wayne State University entific and medical excitement today cele- ceutical, and scientific efforts that these School of Medicine. brating the approval of buprenorphine for problems will be dealt with effectively. I am extremely excited by the news that the pharmacotherapy of narcotic abuse. It the Food and Drug Administration has ap- fits in what I hope will be a succession of DR. CHRIS-ELLYN JOHANSON, WAYNE STATE proved the marketing of two buprenorphine new therapies for drug abuse that will be em- UNIVERSITY, PRESS CONFERENCE ON FOOD preparations, Subutex and Suboxone, for the ployed under The Drug Addiction Treatment AND DRUG ADMINISTRATION (FDA) AP- treatment of opiate dependence. These prod- Act to change the way we view addictions PROVAL OF BUPRENORPHINE/NX (BUP) ucts are the first to be available in a new and how they may be treated. My name is Chris-Ellyn Johanson and I am model of office-based treatment of opiate de- There are, of course, many different groups a professor in the Department of Psychiatry pendence allowed under the Drug Abuse of individuals who are responsible for this and Behavioral Neurosciences at Wayne Treatment Act of 2000. We can thank Sen- important day. We need to show our consid- State University and the incoming president ator Levin for his incredible thoughtfulness erable appreciation to Senators Levin, of the College of Problems of Drug Depend- and tenacity in fighting to get this legisla- Hatch, and Biden for their support for The ence. When I joined the Wayne State faculty tion through Congress. Drug Addiction Treatment Act. Having in 1995, I was fortunate enough to become a One of the major advances that has been worked most with Sen. Levin, I know that he part of a research center at the University of made in the past several years by a joint ef- has been long interested in the important Michigan, headed by Dr. James Woods and fort between Reckitt-Benckiser Pharma- problem of drug abuse. He has visited us at funded by the National Institute on Drug ceutical company and the National Insti- the University to see firsthand what we were Abuse. This center is devoted to the develop- tutes on Drug Abuse/NIH is the development up to in evaluating different, novel ap- ment of safer and better opiate drugs and has of buprenorphine for the treatment of opiate proaches to pharmacotherapy of drug abuse. been continuously funded by the National In- addition. I am privileged to have had a role He has kept the problems of developing these stitute on Drug Abuse for over 30 years. My in the development of this safe, effective therapies in mind and has worked long and research has focused on trying to understand treatment both during my tenure as the Di- hard to bring this legislation into being. I how buprenorphine exerts its therapeutic ef- rector of NIDA and subsequently as a NIDA

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10658 CONGRESSIONAL RECORD — SENATE October 17, 2002 grantee. Under the auspices of a NIDA fund- their continued encouragement during this States which contradicts assertions that ad- ed treatment research project I have utilized long and difficult process. Senator Carl dicted persons do not want help. buprenorphine as a maintenance therapy and Levin of Michigan has been a special stal- Compassion or sympathy is not the basis have been very impressed not only with its wart in this process but the effort has truly for the argument that physicians should effectiveness in curtailing heroin use, but as been a bipartisan one with Senators Orrin treat addicted individuals. Medically ori- well with its acceptance by patients who Hatch of Utah and Joseph Biden of Delaware ented treatments can be quite effective. In would not have considered treatment with both playing active roles along with Senator addition, addiction treatments have been ef- methadone. Thus this medication may reach Levin. fectively combined with legal sanctions such opiate addicts who currently are resistant to The importance of this day, however, is as drug courts and court-mandated treat- enrollment in opiate maintenance programs much more than the particular medications ments. Medical interventions should be that use ORLAAM and methadone. I have involved. Buprenorphine to be sure should taught in medical schools and primary care letters on my desk from patients whose lives help in combating opioid dependence in for- residencies. If physicians develop and apply have been turned around by the merly underserved communities. It is esti- the skills available to diagnose, treat, mon- buprenorphine maintenance treatment we mated that there are up to 1 million opioid itor, and refer patients in the early stages of have provided them. I have even more letters dependent individuals in the United States of substance dependence, there will be fewer from opiate addicted people who are asking whom less than 200,000 are in treatment. The late-stage cases. annual cost to society of opioid addiction is where they can find such treatment. Because I have been involved in treatment and re- of the approval by the FDA of two more than 20 billion dollars. Buprenorphine may increase the likelihood of people who search with substance dependent individuals buprenorphine preparations and the passage for over 35 years, initially at Yale University of the Drug Abuse Treatment Act of 2000, it have not currently sought out treatment to do so, thus reducing the enormous toll, both and the last decade at Columbia University. is now possible to give the answer. Find a 1 in health and in crime, that addiction takes In between I spent approximately 2 ⁄2 years qualified physician in your area of the coun- as the Deputy Director of the Office of Na- try and be seen as a regular patient in their on society. Injecting drug users and their sexual partners, for example, have become tional Drug Control Policy under Bill Ben- office receiving a prescription for nett and the first President Bush. The new buprenorphine. Tragically, I see young peo- the largest new group of individuals becoming HIV positive. While buprenorphine is nei- era in office-based treatment of opioid de- ple every day who are in need of medications pendence is a worthy successor to efforts to ease their need for heroin so that they can ther a panacea nor a magic bullet, it has major advantages in terms of safety, dura- made by our Office back in the early 1990’s to become invested in rehabilitation activities expand the number of individuals in treat- that can return their life trajectory to a nor- tion of action, and ease of withdrawal in comparison to existing medications on the ment with substance dependence. My appre- mal, productive and fulfilling course. Cur- ciation—and that of many future patients— rently the available medications, methadone market. That plus the ability to be treated in the privacy of the doctor’s office are all to the legislators and federal agencies that and ORLAAM, are extremely useful but en- made this possible. snared in regulations that grossly limit their important advances. potential effectiveness. Having a safe, effec- The major importance of the FDA approval Thank you. tive narcotic preparation like buprenorphine and the Drug Abuse Treatment Act, however, go well beyond the particular medications that can be used by qualified physicians for PRESS CONFERENCE PARTICIPANTS, FDA AP- and instead to how we think about addiction. the treatment of opiate addition that is un- PROVAL OF BUPRENORPHINE/NALOXONE, OC- Papers by myself and my colleagues have fettered by the methadone regulations is a TOBER 9, 2002, SR 236 emphasized that opioid dependence as with major advance in our ability to provide other addictions is a chronic relapsing dis- Senator Carl Levin. badly needed services in a cost effective order, not a character flaw, failure of will, or manner. Senator Orrin Hatch. lack of self-control. These drugs change our I am very proud as a resident of the state Dr. Frank Vocci, Director of the Division brains, changes that can persist long after of Michigan to have Senator Levin as my of Treatment Research and Development, the individual has stopped taking the drug representative in the United States Senate. National Institute on Drug Abuse. and lead frequently to relapse. When a pa- He and his staff have worked tirelessly to se- Dr. Steven K. Galson, Deputy Director, tient who cannot stop smoking on his own cure the passage of the Drug Abuse Treat- Food and Drug Administration’s Center for seeks help from his physician, he is seen as ment Act of 2000. This landmark legislation Drug Evaluation and Research. a patient who needs help and the physician represents a major shift in policy in how we will respond with a variety of medications Dr. Wesley Clark, Director, Center for Sub- view and treat the problem of opiate addi- and behavioral interventions. Likewise, it is stance Abuse Treatment, Substance Abuse tion. This advance in our policies regarding my hope that with the advent of these medi- and Mental Health Services Administration. the treatment of opiate addition has been a cations the treatment of opioid dependence Dr. Herbert D. Kleber, Professor of Psychi- long time in coming. But thanks to the ef- will be able to be mainstreamed. Individuals atry and Director, Division of Substance forts of Senator Levin, it has finally arrived. who are dependent either on street opioids Abuse, Columbia University. I join in celebrating this achievement which like heroin or on prescription opioids will be Dr. James H. Wood, Professor, Department has the potential for providing significant able to receive help in doctors’ offices and of Psychology and Pharmacology and Direc- help to those attempting to overcome the medical clinics. They will hopefully one day tor of Drug Addiction Research Projects, ravages of opiate addition. Individuals seek- be treated with the same dignity with which University of Michigan. ing help for their opiate addition do not have we treat the patient trying to give up smok- much political power and are rarely heard in Dr. Chris-Ellyn Johanson, Professor of ing or the diabetic or the hypertensive, all Psychiatry and Associate Director of Sub- drug abuse policy debates. Fortunately for individuals that have chronic relapsing dis- them they have a compassionate and stead- stance Abuse Research, Wayne State Univer- orders involving both physical and behav- sity. fast advocate in Senator Levin. ioral components. Dr. Charles Schuster, Professor of Psychi- Addiction is initiated by a voluntary act atry and Behavioral Neuroscience, Wayne REMARKS OF DR. HERBERT KLEBER AT PRESS but this initial voluntary behavior is in CONFERENCE ON FDA APPROVAL OF many cases shaped by pre-existing genetic State University. BUPRENORPHINE/NX factors and there are early brain changes, Today marks an important milestone in which may evolve into compulsive drug tak- f the treatment of substance dependence dis- ing less subject to voluntary control. It is orders. Buprenorphine, both in the combined important to recognize, however, that drug form with antagonist naloxone and in the dependence erodes but does not erase a de- THE IMPORTANCE OF ENERGY mono-form, have just been approved by the pendent individual’s responsibility for con- LITERACY TO A NATIONAL EN- Food and Drug Administration, the first trol of their behavior. Many patients with ERGY POLICY therapies approved for in-office prescribing other chronic illnesses fail to see the impor- under the Federal Drug Addiction Treatment tance of their symptoms and thus may ig- Mr. ALLARD. Mr. President, I wish Act of 2000. The path has been a long and at nore physician’s advice, fail to comply with to bring the Senate’s attention to the times torturous one but a careful one. It can medication, and engage in behaviors that ex- importance of energy literacy to a na- hardly be described as a rush to market: my acerbate their illnesses. While such patients tional energy policy. first research paper on buprenorphine was may not be as disruptive, demanding, or ma- The National Energy Policy Develop- published in 1988 and colleagues had pub- nipulative as alcohol or drug dependent pa- ment Group recommended an energy lished earlier. During this decade and a half tients, the patterns of denial of symptoms, literacy project in the May 2001, Na- we have learned much about this agent and failure to comply with medical care and sub- it’s potential for the treatment of narcotic sequent relapse are not particular to addic- tional Energy Policy. You can find it addition. I am very grateful for the help tion. One thing, however, that does separate on the first page of Chapter Two, enti- from certain key senators, both in passing addiction from other illnesses is the waiting tled ‘‘Striking Home.’’ The rec- the Drug Addition Treatment Act and for list for treatment throughout the United ommendation states, ‘‘The NEPD

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 17, 2002 CONGRESSIONAL RECORD — SENATE S10659 Group recommends that the President SKILLED NURSING FACILITIES result in failures in the sector that will direct the Secretary of Energy to ex- Mr. SMITH of Oregon. Mr. President, translate to unparalleled access prob- plore potential opportunities to de- I would like to raise another issue lems for Medicare patients needing velop educational programs related to today which has a major impact on care in our nation’s skilled nursing fa- energy development and use. This older and disabled Americans and their cilities. I will do everything I can to should include possible legislation to families, nursing homes. Under current ensure quality care for our nation’s create public awareness programs law, Medicare rates for seniors in nurs- seniors is not threatened. about energy. Such programs should be ing homes were reduced by ten percent f long term in nature, should be funded as of October 1, because a series of pre- CONGRESSIONAL-EXECUTIVE and managed by the respective energy viously-enacted add-on provisions ex- CONSULTATION ON TRADE industries, and should include informa- pired. Let me be clear. On October 1, Mr. BAUCUS. Mr. President, in the tion on energy’s compatibility with a the average per diem payment to a coming weeks, the Finance Committee clean environment.’’ nursing home to care for a Medicare will be working closely with the Office The legislation currently under con- patient was cut to a level ten percent of the U.S. Trade Representative to de- sideration in the House/Senate con- lower than it was on September 30. The velop written Guidelines on consulta- ference addresses a lot of important average rate fell from $337/day to tions between the Administration and issues but these are tactical issues re- slightly more than $300/day. This is a Congress in trade negotiations. These lating to energy. In order to better real cut. Guidelines will be our roadmap for col- solve the Nation’s long-term energy se- This negative quirk results from the laboration between the Executive and curity or energy needs we must address fact the Clinton Administration poorly Legislative Branches on trade negotia- public education. implemented the Balanced Budget Act, tions for the next five years. They will One of the best ways to go about this BBA, of 1997, and in the process, set Medicare rates for seniors in nursing be the basis for the partnership of would be with a broad based education equals called for by the Trade Act of program as recommended in chapter homes far below the levels Congress set out in the BBA of 1997. Recognizing 2002. two. Today’s public is far better in- The trade negotiation agenda prom- that the new system was paying much formed about their energy choices than ises to be busy. Even before passage of less for nursing home care for Medicare the public of even a decade ago, but the Trade Act, work was under way in patients than it had intended, Congress there is always more room to learn. A the Doha Round of WTO negotiations passed the Balanced Budget Refine- highly informed public will be able to and in the Free Trade Area of the ment Act of 1999 and then the Bene- make better energy choices and will Americas negotiations. USTR also was ficiary Improvement Protection Act of demand a long-term, far-reaching en- busy concluding free trade agreements 2000, which provided limited fixes to ergy policy. with Chile and Singapore. Since pas- the payment structure for skilled nurs- This will require broad based na- sage of the Trade Act, USTR has ex- ing care through add-on payments. tional, and international, public edu- pressed the Administration’s interest But, because it was expected HCFA, cation and information programs on in beginning FTA negotiations with now CMS, would ‘‘refine’’ the rates and energy issues, including conservation Morocco, Central America, the South- fix the problem, these add-ons were and efficiency, the role energy plays in ern African Customs Union, and Aus- temporary. However, CMS has not yet the economy and the impact energy tralia. acted, and the ‘‘add-on’’ provisions use has on the environment. There This busy agenda requires maximum have now expired. clarity in the rules governing inter- must also be a focus on the inter- Recognizing the pending cuts needed action between the Administration and locking relationship of what are re- to be prevented, in June, I, along with Congress. Clear rules will form a foun- ferred to as the 3 Es: energy, economy, several of my Senate colleagues, intro- and environment. dation for a common understanding of duced the Medicare Skilled Nursing how we bring trade agreements from It is important that all 3 Es be con- Beneficiary Protection Act of 2002. Be- sidered simultaneously in order to have the concept phase to the implementa- cause I felt Congress must ensure bene- tion phase. This common under- credibility and to recognize this inter- ficiary access to quality care, my bill locking relationship. It is also impor- standing will help ensure a smooth would protect funding levels for Medi- process, with few if any surprises or tant that any effort that tries to care skilled nursing patients by main- achieve a cultural change in how soci- bumps in the road. taining payments at 2002 levels going The Trade Act defines the scope of ety views energy recognize its impor- forward. tance in the public’s economic well- coverage of the contemplated Guide- During the last few years, five of the lines on trade negotiations. Specifi- being and its role in the public’s qual- nation’s largest providers of long-term ity of life. cally, the Guidelines are required to care have filed for Chapter 11 bank- address: the frequency and nature of An excellent example of this is being ruptcy protection. Some of those com- briefings on the status of negotiations; conducted by the Energy Literacy panies are just now emerging from that Member and staff access to pertinent Project, ELP. The ELP is currently wrenching process. Moreover, 353 negotiating documents; coordination supporting an ongoing research effort skilled nursing homes have closed. In between the Trade Representative and at the Colorado School of Mines to my home State of Oregon alone, 23 the Congressional Oversight Group at identify programs that offer edu- skilled nursing facilities, SNFs, have all critical periods during negotiating cational material about the inter- closed—a loss of almost 1,500 beds. For sessions, including at negotiation sites; locking nature of Energy, the Economy a small state like Oregon, this is a sig- and consultations regarding compli- and the Environment, the 3 Es. The nificant loss. With the cuts in Medicare ance with and enforcement of trade ELP is a non-profit 501(c)(3) corpora- funding, a vital segment of our coun- agreement obligations. tion whose goal is to see a cultural try’s health care system is beginning The Guidelines also must identify a change in how society views the role to be thrown, once again, into crisis. time frame for the President’s trans- energy plays in its economic well-being More facilities will close. Patients, es- mittal of labor rights reports con- and in its quality of life. They have an pecially those in rural areas, will find cerning the countries with which the excellent web site that explains much it more difficult to obtain the long- United States concludes trade agree- of their work located at www.energy- term care services they need. ments. literacy.org. The instability of skilled nursing fa- The Trade Act contemplates collabo- The public wants and deserves sound, cilities is expected to worsen as states ration among USTR, the House Ways reliable information. A sustainable en- reduce Medicaid expenditures in the and Means Committee and the Senate ergy policy will be much more easily face of significant budget shortfalls Finance Committee in developing the attained with a knowledgeable public and as private market capital con- Guidelines. I would like to use this op- that can make informed, well-reasoned tinues to withdraw from the sector. If portunity to propose specific provisions decisions about its choices and a sus- Congress goes home before re-instating that should be included in the Guide- tainable energy policy. the Medicare payment add-ons, it will lines to maximize the potential for a

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10660 CONGRESSIONAL RECORD — SENATE October 17, 2002 true partnership between the Legisla- ship with the Senate at the beginning for staff of the General Accounting Of- tive and Executive branches. of negotiations would increase the fice to attend certain negotiations, in The first issue that needs to be ad- likelihood of ratification at the conclu- order to keep Congress well informed. dressed is access to negotiating docu- sion. Now, fast track has been renewed. ments. When U.S. negotiators prepare Indeed, the history of Congressional Once again, we have an express man- to make an offer to their foreign coun- involvement in the negotiation of trea- date for a Congressional-Executive terparts, Congressional trade advisers ties and other international agree- partnership on trade. Indeed, the Trade and staff must be able to review the ments has its roots in the very origins Act of 2002 contemplates an even closer proposed offer in time to provide mean- of our Nation. Until the closing days of working relationship between Congress ingful input. In general, trade advisers the Constitutional Convention of 1787, and the Administration than the Trade and staff should be able to see such the Framers had intended for the Sen- Act of 1974. It is time to revive and documents not less than two weeks be- ate to have the sole authority to make strengthen the practices that solidified fore U.S. negotiators present their treaties. And in the Federalist Papers, a close, robust working relationship in offer to our negotiating partners. This Alexander Hamilton acknowledged the past. will give trade advisers time to convey that treaty making ‘‘will be found to Given the long history of Legislative- comments and make recommendations, partake more of the legislative than of Executive partnership in negotiating in with a reasonable expectation that the executive character . . .’’ a whole host of sensitive areas, given their comments and recommendations The well-recognized utility of Con- the constitutional role of Congress will receive serious consideration. gressional involvement in treaty and when it comes to regulation of com- By the same token, when another international agreement negotiation merce with foreign nations, and given country makes an offer during the applies with even greater force when it the policy articulated in the Trade Act course of a negotiating session, that comes to international trade. For here, of 2002, I see little basis for excluding offer should promptly be made avail- the making of international agree- Congressional observers from trade ne- able to Congressional trade advisers ments intersects with the Constitu- gotiations. and staff. This will enable trade advis- tion’s express grant of authority to Third, the Guidelines should set forth ers to keep abreast of the give-and- Congress to regulate commerce with a clear schedule and format for con- take of negotiations and to provide in- foreign nations. sultations in connection with negoti- telligent input into the development of The statute that framed trade nego- ating sessions. At a minimum, nego- the U.S. position. tiations for the last quarter century, tiators should meet with Congressional Second, Congressional trade advisers the Trade Act of 1974, contemplated a advisers’ staff shortly before regularly and staff should have access to regu- close working relationship between scheduled negotiating sessions and larly scheduled negotiating sessions. I Congress and the Administration. shortly after the conclusion of such know that some in the Administration Thus, during the Tokyo Round and sessions. To the extent practicable, the will bridle at this suggestion, citing Uruguay Round of multinational trade Administration participants in these separation of powers concerns. How- negotiations, staff of the Finance Com- consultations should be the individuals ever, I do not think those concerns are mittee and the House Ways and Means negotiating on the subjects at issue, as warranted. Committee traveled regularly to Gene- opposed to their supervisors. Consultations should be an oppor- I am not suggesting that trade advis- va. They were included in U.S. Trade tunity for negotiators to lay out, in de- ers or staff actually engage in negotia- Representative staff meetings and ob- tail, their plan of action for upcoming tions. I am suggesting only that they served negotiations of plurilateral and talks and to receive and respond to attend as observers. This level of Con- multilateral agreements. They had reg- input from Congressional advisers. gressional involvement in negotiations ular access to cable traffic and other Whenever practicable, consultations has well established precedents. A re- negotiating documents. By all ac- should be accompanied by documents cent study by the Congressional Re- counts, this process worked well. Staff, pertaining to the negotiation at issue. search Service on the role of the Sen- and, in turn, Members were kept well If advisers of staff make recommenda- informed of the progress of negotia- ate in treaties and other international tions during consultation sessions, ar- tions, which helped to secure Congres- agreements catalogued instances of rangements should be made for nego- sional support for the resulting agree- Congressional inclusion in delegations tiators to respond following consider- ments. stretching back to negotiations with ation of those recommendations. In fact, there are numerous illustra- Spain in 1898 and continuing to the Additionally, to the extent that Con- tions of close interaction between Ex- present day. gressional advisers or staff are unable I ask unanimous consent that the ecutive and Legislative Branches in the to attend negotiating sessions, ar- relevant pages of this lengthy CRS trade negotiation arena. I myself have rangements should be made to provide study be printed in the RECORD at the attended trade negotiating sessions on briefings by phone during the negotia- conclusion of this statement. a number of occasions. Just last year, tions. The PRESIDING OFFICER. Without my staff and I attended a session of the The key point here is that it is the objection, it is so ordered. Free Trade Area of the Americas nego- quality as much as the quantity of ne- (See exhibit 1.) tiations in Quebec City. Before that, I gotiations that counts. It matters lit- Mr. BAUCUS. In the early part of the attended some sessions of the mid-term tle that the Administration briefed last century, Presidents Harding and meeting of the Uruguay Round nego- Congressional advisers a hundred times Hoover actually designated Senators as tiations in Montreal. I know that Mem- in connection with a given negotia- delegates, not merely observers, to bers of Congress also have been in- tions, if the briefings amount to im- arms limitation negotiations. Presi- cluded in delegations to WTO Ministe- pressionistic summaries with no mean- dent Truman included Members of Con- rial meetings in Singapore and Seattle. ingful opportunity for advisers to offer gress in the delegations that nego- And, I understand that during the Uru- input. tiated the establishment of the United guay Round, Members traveled to Ge- Fourth, the Guidelines must set forth Nations and the North Atlantic Treaty. neva at key junctures in negotiations a plan to keep Congressional advisers More recently, a special Senate Arms on trade remedy laws, and were in- fully and timely informed of efforts to Control Observers Group was created in cluded in the official delegation to a monitor and enforce trade agreements. 1985 to oversee negotiations that led to Ministerial meeting in Brussels. In any trade agreement, follow up is the first Strategic Arms Reduction Even in the period from 1994 to 2002, critical. If compliance is spotty, the Treaty. It included distinguished mem- when fast track negotiating authority agreement is not worth the paper it is bers of this body, including Senators lapsed along with the express mandate written on. Also, monitoring and en- LUGAR, STEVENS, Nunn, Pell, Wallop, for a Congressional-Executive partner- forcement help to identify provisions Moynihan, KENNEDY, Gore, WARNER, ship on trade, Members of Congress that might be modified in future trade and NICKLES. President Reagan em- sought to remain closely involved. For agreements. braced this endeavor, precisely because example, I understand that my friend Currently, Congressional advisers get he knew that a close working relation- Senator GRASSLEY sought permission briefed when a formal dispute arises or

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 17, 2002 CONGRESSIONAL RECORD — SENATE S10661 sanctions are threatened or imposed. delegations. When President James Madison OUR LADY OF PEACE ACT Keeping Congressional advisers in the appointed Senator James A. Bayard and Mr. LEVIN. Mr. President, a sensible Speaker of the House Henry Clay to the com- monitoring and enforcement loop tends gun safety measure has been recently to be episodic. It should be systematic. mission that negotiated the Treaty of Ghent in 1814, both resigned from Congress to un- passed by our colleagues in the House The Guidelines should provide for dertake the task. More recently, as in the of Representatives. The ‘‘Our Lady of consultations with Congressional ad- annual appointment of Senators or Members Peace Act’’ was first introduced by visers on monitoring and enforcement of Congress to be among the U.S. representa- Representative CAROLYN MCCARTHY at least every two months. These con- tives to the United Nations General Assem- after Reverend Lawrence Penzes and sultations should not just highlight bly, Members have participated in delega- Eileen Tosner were killed at Our Lady problems. They should provide a com- tions without resigning, and many observers of Peace church in Lynbrook, NY on plete picture of how the Executive consider it ‘‘now common practice and no March 12, 2002. These deaths may have longer challenged.’’ Branch is deploying its monitoring and been prevented if the assailant’s mis- enforcement resources. They should One issue has been whether service by a demeanor and mental health records identify where these efforts are suc- Member of Congress on a delegation violated were part of an automated and com- ceeding, as well as where they require Article I, Section 6 of the Constitution. This section prohibits Senators or Representa- plete background check system. reenforcement. tives during their terms from being ap- According to the House Judiciary In conclusion, the Trade Act of 2002 pointed to a civil office if it has been created Committee Report on the bill, 25 represents a watershed in relations be- or its emoluments increased during their States have automated less than 60 tween the Executive and Legislative terms, and prohibits a person holding office percent of their felony criminal convic- Branches when it comes to trade policy to be a Member of the Senate or House. tion records. While many States have and negotiations. Before the Trade Act, Some contend that membership on a negoti- the capacity to fully automate their the Executive Branch generally took ating delegation constitutes holding an of- background check systems, 13 States the lead, and the involvement of Con- fice while others contend that because of its do not automate or make domestic vio- temporary nature it is not. gressional advisers tended to be cur- lence restraining orders accessible sory and episodic. In the Trade Act, Another issue concerns the separation of through the National Instant Criminal Congress sent a clear message that the powers. One view is that as a member of a Background Check System, otherwise old way will not do. negotiating delegation a Senator would be subject to the instructions of the President known as NICS. Fifteen States do not From now on, the involvement of and would face a conflict of interest when automate domestic violence mis- Congressional advisers in developing later required to vote on the treaty in the demeanor records or make them acces- trade policy and negotiations must be Senate. Others contend that congressional sible through NICS. Since 1994, the in depth and systematic. Congress can members of delegations may insist on their Brady Law has successfully prevented no longer be an afterthought. The independence of action and that in any event more than 689,000 individuals from ille- Trade Act establishes a partnership of upon resuming their legislative duties have a gally purchasing a firearm. More ineli- equals. It recognizes that Congress’s right and duty to act independently of the gible firearm purchases could have constitutional authority to regulate executive branch on matters concerning the treaty. been prevented, and more shooting foreign trade and the President’s con- deaths may have been avoided had stitutional authority to negotiate with A compromise solution has been to appoint state records been fully automated. foreign nations are interdependent. It Members of Congress as advisers or observ- The Our Lady of Peace Act would re- ers, rather than as members of the delega- requires a working relationship that tion. The administration has on numerous quire Federal agencies to provide any reflects that interdependence. occasions invited one or more Senators and government records with information Our first opportunity to memorialize Members of Congress or congressional staff relevant to determining the eligibility this new, interdependent relationship to serve as advisers to negotiations of multi- of a person to buy a gun for inclusion is only weeks away. I am very hopeful lateral treaties. In 1991 and 1992, for example, in NICS. It would also require states to that the Administration will work Members of Congress and congressional staff make available any records that would closely with us in developing the were included as advisers and observers in disqualify a person from acquiring a Guidelines to make the partnership of the U.S. delegations to the United Nations firearm, such as records of convictions Conference on Environment and Develop- equals a reality. ment and its preparatory meetings. In 1992, for misdemeanor crimes of domestic vi- EXHIBIT 1 congressional staff advisers were included in olence and individuals adjudicated as TREATIES AND OTHER INTERNATIONAL AGREE- the delegations to the World Administrative mentally defective. To make this pos- MENTS: THE ROLE OF THE UNITED STATES Radio Conference (WARC) of the Inter- sible, this bill would authorize appro- SENATE national Radio Consultative Committee priations for grant programs to assist On occasion Senators or Representatives (CCIR) of the International Telecommuni- States, courts, and local governments have served as members of or advisers to the cations Union. in establishing or improving auto- U.S. delegation negotiating a treaty. The In the early 1990s, Congress took initia- mated record systems. I hope we can practice has occurred throughout American tives to assure congressional observers. The move in this direction this Congress or history. In September 1898, President Wil- Senate and House each designated an ob- next. liam McKinley appointed three Senators to a server group for strategic arms reductions commission to negotiate a treaty with talks with the Soviet Union that began in f Spain. President Warren G. Harding ap- 1985 and culminated with the Strategic Arms ASSISTANCE FOR SOUTH DAKOTA pointed Senators Henry Cabot Lodge and Reduction Treaty (START) approved by the MEDICARE BENEFICIARIES AND Oscar Underwood as delegates to the Con- Senate on October 1, 1992. In 1991, the Senate PROVIDERS ference on the Limitation of Armaments in established a Senate World Climate Conven- 1921 and 1922 which resulted in four treaties, tion Observer Group. As of late 2000, at least Mr. JOHNSON. Mr. President, one of and President Hoover appointed two Sen- two ongoing groups of Senate observers ex- the key remaining issues of the 107th ators to the London Naval Arms Limitation isted: Congress that I believe must be ad- Conference in 1930. dressed yet this year is Medicare relief The practice has increased since the end of 1. Senate National Security Working the Second World War, in part because Presi- Group.—This is a bipartisan group of Sen- for rural health care providers and dent Wilson’s lack of inclusion of any Sen- ators who ‘‘act as official observers to nego- beneficiaries. Recently, bipartisan leg- ators in the American delegation to the tiations * * * on the reduction or limitation islation was introduced, called the Ben- Paris Peace Conference was considered one of nuclear weapons, conventional weapons or eficiary Access to Care and Medicare of the reasons for the failure of the weapons of mass destruction; the reduction, Equity Act of 2002, S. 3018, that will Versailles Treaty. Four of the eight members limitation, or control of missile defenses; or related export controls.’’ provide definitive steps to strengthen of the official U.S. delegation to the San South Dakota’s rural health care deliv- Francisco Conference establishing the 2. Senate Observer Group on U.N. Climate ery system. I am pleased to be a co- United Nations were Members of Congress: Change Negotiations.—This is a ‘‘bipartisan Senators Tom Connally and Arthur Vanden- group of Senators, appointed by the Majority sponsor of this bill. berg and Representatives Sol Bloom and and Minority Leaders’’ to monitor ‘‘the sta- The legislation will provide $43 bil- Charles A. Eaton. tus of negotiations on global climate change lion over ten years for provider and There has been some controversy over ac- and report[ing] periodically to the Senate beneficiary improvements in the Medi- tive Members of Congress serving on such * * *.’’ care and Medicaid programs. Earlier

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10662 CONGRESSIONAL RECORD — SENATE October 17, 2002 this summer, the House passed a Medi- It is due to these unique circumstances mittee to address the area wage index dis- care bill, which provides approximately that rural providers and beneficiaries de- parities with new money. $30 billion over ten years. The Senate serve to be the Committee’s top priority as Current law allows rural facilities located near urban area to receive the higher wage legislation will provide South Dakota it writes legislation to strengthen the Medi- care system. We encourage the Committee to index available to the facilities located in with nearly $84.2 million in Medicare give special consideration to those states the metropolitan area. However, this wage improvements for rural hospitals, that are experiencing the lowest aggregate index ‘‘reclassification’’ is available only for skilled nursing facilities, home health negative Medicare margins. We request the inpatient and outpatient services. We believe services, physicians, and beneficiaries following rural specific provisions be in- re-classification should extend to other serv- alike. Although the Administration cluded in the Committee’s final Medicare ices offered by hospitals, such as home care and skilled nursing services. has expressed some resistance to work- provider legislation: 2. CRITICAL ACCESS HOSPITAL PROGRAM ing with Congress on Medicare legisla- 1. RURAL HOSPITALS IMPROVEMENTS tion this year, I will continue to fight Market Basket Update: Under current law, The Balanced Budget Act of 1997 created all hospitals will receive a Medicare pay- for passage of this critically important the Critical Access Hospital program (CAH) ment update in FY2003 of hospital cost infla- legislation. to ensure access to essential health services tion minus approximately one-half percent. As I travel throughout South Da- in underserved rural communities that can- kota, many health care providers and However, hospitals in rural areas and small- not support a full service hospital. This pro- er urban areas have Medicare profit margins Medicare beneficiaries have expressed gram has proven to be critically important far lower than those of hospitals in large to rural areas as 667 hospitals across the na- concerns regarding inequities with urban areas. Therefore, we urge the Com- Medicare reimbursements in rural tion have converted to Critical Access Hos- mittee to provide hospitals located in rural pital status. We urge the Committee to in- states like South Dakota. It is a trav- or smaller urban areas with a full inflation clude the following modifications to esty that nationwide, rural providers update. strengthen this critical program. receive less Medicare reimbursement Equalize Medicare Disproportionate Share ∑ Reinstate Periodic Interim Payments for providing the same services as their Hospital Payment (DSH) Formula: Hospitals (PIP), which provide facilities with a stead- urban counterparts. Therefore, I re- receive add-on payments to help cover the ier stream of payment in order to improve costs of serving a high proportion of unin- main committed to improving the eq- their cash flow. sured patients. While urban facilities can re- ∑ Eliminate the current requirement that uity in Medicare reimbursement levels ceive unlimited add-ons corresponding with CAH-based ambulance services be at least 35 for rural States, and increasing access the amount of patients served, rural add-on miles from another ambulance service in to quality, affordable health care for payments are capped at 5.25 percent of the order to receive cost-based payment. the citizens of South Dakota. total amount of the inpatient payment. We ∑ Allow for home health services operated As a member of the Senate Rural urge the Committee to remove this cap for by CAHs to be reimbursed on a cost basis, as Health Caucus, I joined several of my rural hospitals, bringing their payments in other CAH services already are. ∑ fellow caucus members in sending a line with the benefits urban facilities re- Provide cost-based reimbursement for certain clinical diagnostic lab tests fur- letter to the Senate Finance Com- ceive. Close Gap Between Urban and Rural nished by a CAH. mittee expressing our rural health pri- ‘‘Standardized Payment’’ Levels: Inpatient ∑ Provide Medicare coverage to CAHs for orities as compiled from the input that hospital payments are calculated by multi- certain emergency room on-call providers. ∑ I received from South Dakotans, such plying several different factors, including a Allow CAHs to interchange the number as yourself. I was pleased that many of standardized payment amount. Under cur- of their acute and swing beds as necessary, rent law, hospitals located in cities with but still maintain the current 25 bed limit. my rural priorities were included in S. ∑ Alleviate payment reductions that will more than 1 million people receive a base 3018, and would ask unanimous consent occur as a result of recent cost report payment among 1.6 percent higher than that the text of this letter be printed changes made by CMS related to the amount those serving smaller populations. We urge in the CONGRESSIONAL RECORD. As well, of allowable beneficiary coinsurance pay- the Committee to address this disparity by ments. I ask unanimous consent that the sum- bringing the rural base payment up to the mary of S. 3018 also be printed in the urban payment level. 3. RURAL HOME HEALTH IMPROVEMENTS RECORD. Low-Volume Hospital Payment: According Home health care is a critical element of There being no objection, the mate- to recent data, the current hospital inpa- the continuum of care, allowing Medicare rial was ordered to be printed in the tient payment rate has placed low-volume beneficiaries to remain in their homes rather than being hospitalized. Current law pro- RECORD, as follows: hospitals at a disadvantage because it does vides for a 10 percent payment boost for pa- U.S. SENATE, not adequately account for the fact that tients residing in rural areas, to reflect the Washington, DC, September 16, 2002. smaller facilities have difficulty achieving higher costs due to distance, as well as the Hon. MAX BAUCUS, Chairman, the economies of scale of their larger coun- reality that there is often only one provider Hon. CHARLES GRASSLEY, Ranking Member, terparts. To address this problem, we request in rural areas. However, this special pay- Committee on Finance, the Committee create a low-volume inpa- ment will expire with the current fiscal year. Washington, DC. tient payment adjustment for hospitals that DEAR CHAIRMAN BAUCUS AND RANKING MEM- have less than 1,000 annual discharges per 4. RURAL HEALTH CLINICS BER GRASSLEY: As members of the Senate year and are located more than 15 miles from Under current law, rural health clinics re- Rural Health Caucus, we write to urge you to another hospital. ceive an all-inclusive payment rate that is take definitive steps this year to strengthen Outpatient Payment Improvements: Rural capped at approximately $63. Various anal- our nation’s rural health care delivery sys- Hospitals are highly dependent on outpatient yses have suggested that this cap does not tem. We are particularly concerned about ge- services for revenue; however, the Medicare appropriately cover the cost of services for ographic inequities in Medicare spending, Outpatient Prospective Payment System more than 50 percent of rural health clinics which are caused in part by disparities in sets payments at 16 percent below costs. We that the cap should be raised by 25 percent to current Medicare payment formulas. Related urge the Committee to take the following address this shortfall. We request that the to this, we strongly urge the Committee to actions to ensure outpatient stability for Committee raise the rural health clinic cap address needed rural payment improvements rural hospitals. to $79. in its Medicare refinement bill. 1. Increase emergency room and APC pay- Certain provider services, such as those of- Nationwide, rural providers receive less ments by 10 percent. fered by physicians, nurse practitioners, phy- Medicare reimbursement for providing the 2. Limit the pro rata reduction in pass- sician assistants, and qualified psychologists same services as their urban counterparts. through payments to 20 percent. are excluded from the consolidated payments According to the latest Medicare figures, 3. Limit the budget neutrality adjustment made to skilled nursing facilities (SNFs) Medicare’s annual inpatient payments per to no more than 2 percent. under the prospective payment system. How- beneficiary by state of residence range from 4. Extend current provision that holds ever, the same services provided to SNFs by slightly more than $3,000 in predominately small, rural hospitals harmless from the cur- physicians and other providers employed by rural states like Wyoming, Idaho and Iowa rent Outpatient PPS for three more years. rural health clinics are not excluded from to over $7,000 in other states. 5. Improve and extend transitional corridor the consolidated SNF payment. We request This problem is compounded by the fact payments to rural hospitals. the Committee ensure skilled nursing serv- that rural Medicare beneficiaries tend to be Wage Index Issues: Medicare’s current in- ices offered by rural health clinic providers poorer and have more chronic illnesses than patient hospital payments fail to accurately will receive the same payment treatment as urban beneficiaries. This inherent vulner- reflect today’s labor costs in rural areas. The services offered by providers employed in ability of rural providers combined with his- Caucus has long been concerned about this other settings. toric funding shortfalls and rising costs has issue and its impact on rural hospitals as 5. RURAL PROVIDERS placed additional burdens on an already they strive to recruit and retain key health Rural Physicians: There are several ways strained rural health care system. care personnel. We strongly urge the Com- to improve the current Medicare Incentive

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 17, 2002 CONGRESSIONAL RECORD — SENATE S10663 Payment program to increase payments to health care delivery system. We look forward Sec. 112. Extension of 10% rural add-on for rural physicians. Such changes include: plac- to continuing to work with you to ensure home health through FY04. ing the burden for determining eligibility for that all rural providers receive the necessary Sec. 113. 10% add-on for frontier hospice for the current 10 percent rural physician bonus resources to provide quality health care CY03 through CY07. payment on the Medicare carrier rather than services to rural seniors. Sec. 114. Exclude services provided by the individual physician; creating a Medi- Sincerely, Rural Health Clinic-based practitioners from care Incentive Payment Education program Craig Thomas (Co-Chair), Sam Brown- Skilled Nursing Facility consolidated bill- at CMS; and establishing an on-going anal- back, ——, Byron L. Dorgan, Ben Nel- ing. ysis of the program’s ability to improve son, ——, Fred H. Thompson, Conrad R. Sec. 115. Rural Hospital Capital Loan Au- Medicare beneficiaries’ access to physician Burns, Jesse Helms, Wayne Allard, Mi- thorization. services. We urge the Committee to make chael Crapo, Chris Bond, James Inhofe, Title II—Provisions Relating to Part A these critical changes to the Medicare Inven- Patrick Leahy, Jeff Sessions, Debbie tive Payment program. Stabenow, Paul Wellstone, Mike (Approx. $9.0 billion over 10 years) Mental Health Providers: The majority of DeWine, Carl Levin, Ben Nighthorse Subtitle A—Inpatient Hospital Services rural and frontier areas are federally des- Campbell, Jean Carnahan. ignated mental health professional shortage Sec. 201. FY03 inflation adjustment of mar- Tom Harkin (Co-Chair), Tim Johnson, ket basket minus ¥0.25% for PPS hospitals; areas. In many of these underserved commu- Jeff Bingaman, Maria Cantwell, Mary nities, a Marriage and Family Therapist or a full market basket for Sole Community Hos- Landrieu, Larry Craig, Pat Roberts, pitals. Licensed Professional Counselor is the only John Edwards, Blanche Lincoln, Susan mental health provider available to seniors, Sec. 202. Update hospital market basket Collins, Patty Murray, Mark Dayton, weights more frequently. but is not able to bill Medicare for their Gordon Smith, Tom Daschle, Tim services. We strongly urge the Committee to Sec. 203. IME Adjustment: 6.5% in FY03, Hutchinson, Jim Jeffords, ——, Ernest 6.5% in FY04, 6.0% in FY05. provide Medicare reimbursement for Li- Hollings, Thad Cochran, Kay Bailey Sec. 204. Puerto Rico: 75%–25% Federal- censed Professional Counselors and Marriage Hutchison, Ron Wyden, Orrin Hatch. and Family Therapists at the rate that So- Puerto Rico blend beginning in FY 03. cial Workers are paid. THE BENEFICIARY ACCESS TO CARE AND Sec. 205. Geriatric GME programs: certain 6. OTHER RURAL ISSUES MEDICARE EQUALITY ACT OF 2002 geriatric residents do not count against caps. Sec. 206. DSH increase for Pickle hospitals Ambulance Services: The Balanced Budget TOTAL COST OVER 10 YEARS: APPROXIMATELY $43 from 35% to 40%. Act of 1997 directed the Secretary of Health BILLION and Human services to establish a fee sched- Subtitle B—Skilled Nursing Facility Services NOTE: subtotals below do not sum to $42 ule payment system for ambulance services. billion due to Part B premium and Medicaid Sec. 211. Increase to nursing component of The negotiated rule making committee that interactions and rounding. Part B premium RUGs: 15% in FY03, 13% in FY04, 11% in was utilized in the regulatory process in- and Medicaid interactions total approxi- FY05; increase in payment for AIDS patients structed the Secretary to account for geo- mately ¥$2.5 billion over 10 years. cared for by SNFs; GAO study. graphic differences and develop a more ap- Sec. 212. Require collection of staffing propriate coding system. However, the cur- Title I—Rural Health Care Improvements data; require staffing measure in CMS qual- rent ambulance payment system does not (Approx. $12.8 billion over 10 years) ity initiative. recognize the unique circumstances of low- Sec. 101. Full standardized amount for volume, rural providers. We strongly urge rural and small urban hospitals by FY04 and Subtitle C—Hospice the Committee to address these issues to en- thereafter. Sec. 221. Allow payment for hospice con- sure access to critical ambulance services in Sec. 102. Wage index changes: labor-related sultation services based on fee schedule set rural and frontier communities. share for hospitals with a wage index below by Secretary; remove one-time limit set by Pathology Labs: Currently, independent 1.0 is 68% for FY03 through FY05; labor-re- House. labs can bill Medicare directly for all serv- lated share for hospital with a wage index Sec. 222. Authorize use of arrangements ices. After January 1, 2003 labs will only be above 1.0 is held harmless (i.e. remains at with other hospice programs. able to bill for diagnosis of slides prepared current level of 71%). Title III—Provisions Relating to Part B by the lab. The costs of slide preparation Sec. 103. Medicare disproportionate share must be recovered separately from the hos- (DSH) payments: increases the maximum (Approx. $10.0 billion over 10 years) pital. Small, rural hospitals that do not have DSH adjustment for rural hospitals and Subtitle A—Physicians’ Services their own pathology departments and inde- urban hospitals with under 100 beds to 10% Sec. 301. Physician payment increase (same pendent labs face increased administrative (phased-in over ten years). as House-passed version); GAO study; costs and complexity in this new billing ar- Sec. 104. 1-year extension of hold harmless MedPAC report. rangement. We request that the Committee from outpatient PPS for small rural hos- Sec. 302. Extension of treatment of certain make permanent the grandfather clause en- pitals. physician pathology services through FY05. acted in BIPA to allow independent labs to Sec. 105. 5% add-on for clinic and ER visits receive direct reimbursement from Medicare. for small rural hospitals. Subtitle B—Other Services National Health Service Corps Taxation: Sec. 106. 2-year extension of reasonable Sec. 311. Competitive bidding for DME: The National Health Service Corps program cost payments for diagnostic lab tests in begin national phase-in CY03 for MSAs with (NHSC) provides either scholarships or loan- Sole Community Hospitals. over 500,000 people. repayments to clinicians who agree to serve Sec. 107. Critical Access Hospital improve- Sec. 312. 2-year extension of moratorium for at least three years in a designated ments: (a) Reinstatement of periodic interim on therapy caps. health professional shortage area. Last payments; (b) Condition for application of Sec. 313. Acceleration of reduction of bene- year’s tax cut exempted NHSC scholarships special physician payment adjustment; (c) ficiary copayment for hospital outpatient from taxation, but loan-repayments are still Coverage of costs for certain emergency department services. considered taxable income. As a result, al- room on-call providers; (d) Prohibition on Sec. 314. End-Stage Renal Disease: Increase most half of the current NHSC appropriation retroactive recoupment; (e) Increased flexi- composite rate to 1.2% in CY03 and CY04; is spent in the form of stipends to clinicians bility for states with respect to certain fron- composite rate exceptions for pediatric fa- to offset the tax liability on loan repay- tier critical access hospitals; (f) Permitting cilities. ments. We strongly urge the Committee to hospitals to allocate swing beds and acute Sec. 315. Improved payment for certain exempt the NHSC loan repayments from tax- care inpatient beds subject to a total limit of mammography services. ation. 25 beds; (g) Provisions related to certain Sec. 316. Waiver of Part B late enrollment Flex Reauthorization: As you know, the rural grants; (h) Coordinated survey dem- penalty for certain military retirees and spe- Balanced Budget Act of 1997 created the onstration program. cial enrollment period. Rural Hospital Flexibility program (known Sec. 108. Temporary relief for certain non- as the ‘‘flex’’ program) to assist small rural teaching hospital for FY03 through FY05 Sec. 317. Coverage of cholesterol and blood hospitals in making the switch to Critical (same as House-passed provision). lipid screening. Access Hospital status (CAH). This program Sec. 109. Physician work Geographic Prac- Sec. 318. 5% payment increase for rural has proven to be very successful in rural tice Cost Index at 1.0 for CY03 through CY05, ground ambulance service, 2% increase for areas as it has maintained access to critical holding harmless those areas with work urban ground ambulance services. care in small communities. Program funds GPCIs over 1.0. Sec. 319. Medical necessity criteria for air are used by states for Critical Access Hos- Sec. 110. Make existing Medicare Incentive ambulance services under ambulance fee pital designation and assistance, rural Payment 10% bonus payments on claims by schedule. health planning and network development, physicians serving patients in rural Health Sec. 320. Improved payment for thin prep and rural emergency medical services. We Professional Shortage Areas automatic, pap tests. urge the Committee to reauthorize this im- rather than requiring special coding on such Sec. 321. Coverage of immunsuppressive portant rural health program. claims. drugs. We greatly appreciate the Committee’s Sec. 111. GAP study on geographic dif- Sec. 322. Geriatric care assessment dem- past efforts on behalf of our nation’s rural ferences in physician payments. onstration program.

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10664 CONGRESSIONAL RECORD — SENATE October 17, 2002 Sec. 323. CMS study and recommendations velopment of local coverage decisions under Sec. 806. Extend Medicare Municipal to Congress on revisions to outpatient pay- certain circumstances. Health Services Demonstration for 1 year. ment methodology for drugs, devices and Subtitle C—Contracting Reform Sec. 807. Provides for delayed implementa- biologicals. tion of certain provisions. Sec. 621. Authorizes Medicare contractor Title IV—Provisions Relating to Parts A and B reform beginning in October 2004. f (Approx. $0.0 billion over 10 years) Subtitle D—Education and Outreach Improve- VETERANS DAY 2002 Subtitle A—Home Health Services ments Mr. FEINGOLD. Mr. President, as the Sec. 401. Eliminate 15% reduction in pay- Sec. 631. New education and technical as- Senate prepares to recess until after ments for home health services. sistance requirements. the November elections, I would like to Sec. 632. Requires CMS and contractors to Sec. 402. Reduce inflation updates in FY03 take a moment to express my thanks through FY05; full market basket increases provide written responses to health care pro- thereafter. viders’ and beneficiaries’ questions with 45 and the thanks of the people of Wis- consin to our Nation’s veterans and Subtitle B—Other Provisions days. Sec. 633. Suspends penalties and interest their families. Sec. 411. Information technology dem- payments for providers that have followed The Senate will not be in session on onstration project. incorrect guidance. Sec. 412. Modifications to the Medicare Veterans Day, November 11th. I urge Sec. 634. Creates new ombudsmen offices Payment Advisory Commission. my colleagues and all Americans to for health care providers and beneficiaries. Sec. 413. Requires CMS to maintain a car- take a moment on that day to reflect Sec. 635. Authorizes beneficiary outreach upon the meaning of that day and to rier medical director and carrier advisory demonstration. committee in every state to ensure access to remember those who have served and the local coverage process. Subtitle E—Review, Recovery, and Enforce- sacrificed to protect our country and ment Reform Title V—Medicare+Choice and Related Provi- the freedoms that we enjoy as Ameri- sions Sec. 641. Requires CMS to establish stand- cans. ards for random prepayment audits. (Approx. $2.3 billion over 10 years, including Sec. 642. Requires CMS to enter into over- Webster’s Dictionary defines a vet- M+C interactions) payment repayment plans. Prevents CMS eran as ‘‘one with a long record of serv- Sec. 501. Increase minimum updates to 4% from recovering overpayments until the sec- ice in a particular activity or capac- in CY03 and 3% in CY04. ond level of appeal is exhausted. ity,’’ or ‘‘one who has been in the Sec. 502. Clarify Secretary’s authority to Sec. 643. Establishes a process for the cor- armed forces.’’ But we can also define a disapprove certain cost-sharing rection of incomplete or missing data with- veteran as a grandfather or a grand- Sec. 503. Extend cost contracts for 5 years. out pursuing the appeals process. Sec. 504. Extend the Social HMO Dem- mother, a father or a mother, a brother Sec. 644. Expands the current waiver of or a sister, a son or a daughter. Vet- onstration through 2006. program exclusions in cases where the pro- Sec. 505. Extend specialized plans for spe- vider is a sole community physician or sole erans live in all of our communities, cial needs beneficiaries for 5 years source of essential health care. and their contributions have touched (Evercare). Title VII—Medicaid-SCHIP all of our lives. Sec. 506. Extend 1% entry bonus for M+C November 11 is a date with special (Approx. $10.8 billion over 10 years) for 2 years; bonus does not apply for private significance in our history. On that day fee-for-service or demonstration plans. Sec. 701. Extend Medicaid disproportionate in 1918—at the eleventh hour of the share hospital (DSH) inflation updates (for Sec. 507. PACE technical fix regarding eleventh day of the eleventh month— services furnished by non-contract providers. 2001 and 2002) to 2003, 2004 and 2005 allot- Sec. 508. Reference to implementation of ments; update District of Columbia DSH al- World War I ended. In 1926, a joint reso- certain M+C provisions in 2003. lotment. lution of Congress called on the Presi- Title VI—Medicare Appeals, Regulator, and Sec. 702. Raise cap from 1% to 3% for states dent to issue a proclamation to encour- Contracting Improvements classified as low Medicaid DSH in FY03 age all Americans to mark this day by through FY05. (Approx. $0.0 billion over 10 years) displaying the United States flag and Sec. 703. Five year extension of QI–1 Pro- by observing the day with appropriate Subtitle A—Regulatory Reform gram. Sec. 704. Enable public safety net hospitals ceremonies. Sec. 601. Require status report on interim In 1938, ‘‘Armistice Day’’ was des- final rules; limit effectiveness of interim to access discount drug pricing for inpatient final rules to 12 months with one extension drugs. ignated as a legal holiday ‘‘to be dedi- permitted under certain circumstances. Sec. 705. CHIP Redistribution: give states cated to the cause of world peace’’ by Sec. 602. Requires only prospective compli- an additional year to spend expiring funds an Act of Congress. This annual rec- ance with regulation changes. that would otherwise return to the Treasury; ognition of the contributions and sac- Sec. 603. Secretary report on legal and reg- continue BIPA arrangement for SCHIP redis- rifices of our Nation’s veterans of ulatory inconsistencies in Medicare. tribution; establish caseload stabilization World War I was renamed ‘‘Veterans Subtitle B—Appeals Process Reform pool beginning in FY04; allow certain states Day’’ in 1954 so that we might also rec- to use a portion of unspent SCHIP funds to Sec. 611. Requires Secretary to submit de- cover specified Medicaid beneficiaries; GAO ognize the service and sacrifice of tailed plan for transfer of responsibility for study to evaluate program implementation those who had fought in World War II medicare appeals from SSA to HHS; GAO and funding. and the veterans of all of America’s evaluation of plan. Sec. 706. Improvements to Section 1115 other wars. Sec. 612. Allows expedited access to judi- waiver process for Medicaid and State Chil- Mr. President, our Nation’s veterans cial review for Medicare appeals involving dren’s Health Insurance Program (SCHIP) and their families have given selflessly legal issues that the DAB does not have the waiver. authority to decide. to the cause of protecting our freedom. Sec. 707. Increase the federal medical as- Too many have given the ultimate sac- Sec. 613. Allows expedited appeals for cer- sistance percentage in Medicaid (FMAP) by tain provider agreement determinations, in- 1.3% for 12 months for all states; ‘‘hold harm- rifice for their country, from the bat- cluding terminations. less’’ states scheduled to have a lower FMAP tlefields of the Revolutionary War that Sec. 614. Tightens eligibility requirements in FY03; $1 billion increase in Social Services gave birth to the United States to the for QICs and reviewers; ensures notice and Block Grant for FY03. Civil War that sought to secure for all improved explanation on determination and Americans the freedoms envisioned by redetermination decisions; delays implemen- Title VIII—Other Provisions tation of Section 521 of BIPA for 14 months, (Approx. $0.9 billion over 10 years) the Founding Fathers. In the last cen- but continues implementation of expedited Sec. 801. Extend funding for Special Diabe- tury, Americans fought and died in two redeterminations; expands CMS discretion tes Programs for FY04, FY05, and FY06 at world wars and in conflicts in Korea, on the number of QICs. $150 million per program per year. Vietnam, and the Persian Gulf. They Sec. 615. Creates hearing rights in cases of Sec. 802. Disregard of certain payments also participated in peacekeeping mis- denial or nonrenewal of enrollment agree- under the Emergency Supplemental Act, 2000 sions around the globe, some of which ments; requires consultation before CMS in the administration of Federal programs are still going on. Today, our men and changes provider enrollment forms. and federally assisted programs. women in uniform are waging a fight Sec. 616. Permits provider to appeal deter- Sec. 803. Create Safety Net Organizations minations relating to services rendered to an and Patient Advisory Commission. against terrorism. And in the future, individual who subsequently dies if there is Sec. 804. Guidance on prohibitions against our military personnel could be asked no other party available to appeal. discrimination by national origin. to undertake a campaign in Iraq. Sec. 617. Permits providers to seek appeal Sec. 805. Extend grants to hospitals for As we prepare to commemorate Vet- of local coverage decisions and to request de- EMTALA treatment of undocumented aliens. erans Day 2002, we should reflect on the

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 17, 2002 CONGRESSIONAL RECORD — SENATE S10665 sacrifices—past, present, and future— Affairs to develop an outreach program The investigation by the inde- that are made by our men and women that encourages veterans and depend- pendent, non-regulatory board points in uniform and their families. We can ents to apply, or to reapply, for federal out significant deficiencies in federal and should do more for our veterans to benefits. safety regulations that are meant to ensure that they have a decent stand- This legislation in no way duplicates control the dangers from chemical ard of living and access to adequate the work of County Veterans Service processes. As the result of these inad- health care. Officers (CVSOs) in my state and other equacies, more than half of the serious For those reasons, I am deeply con- states. The work of CVSOs is indispen- accidents caused by reactive chemicals cerned about a memorandum that was sable for reaching out to veterans, par- occurred in processes that were exempt sent to Veterans Integrated Service ticularly in rural areas. The I Owe You from the major Federal process safety Network Directors by Deputy Under Act simply calls for the VA to develop rules. Secretary for Health for Operations a program that encourages veterans to These regulations known as the and Management Laura Miller in July apply for benefits, identify veterans OSHA Process Safety Management ordering them to ‘‘ensure that no mar- who are eligible but not receiving bene- standard and the EPA Risk Manage- keting activities to enroll new veterans fits, and notify veterans of any modi- ment Program rule -were mandated in occur within your networks.’’ The fications to benefit programs. The new the landmark 1990 Clean Air Act memo continued, ‘‘[i]t is important to VA policy that prohibits marketing of Amendments. Unfortunately, OSHA attend veteran-focused events as part health programs underscores the need chose to regulate just a small handful of our responsibilities, but there is a for legislation in this area. of reactive chemicals only 38 sub- difference between providing general In addition, I have heard from many stances out of the many thousands of information and actively recruiting Wisconsin veterans about the need to chemicals used in commerce. EPA for people into the system.’’ improve claims processing at the VA. its part did not regulate any reactive Deputy Under Secretary Miller’s They are justifiably angry and frus- chemicals at all. memo states that the increased de- trated about the amount of time it The tragic results of these omissions mand for VA health care services ex- takes for the Veterans Benefits Admin- now seem apparent. The Chemical ceeds the VA’s current resources. Ac- istration to process their claims. In Safety Board uncovered 167 serious recording to the memo, ‘‘In this environ- some instances, veterans are waiting active chemical incidents in the U.S. ment, marketing VA services with such well over a year. Telling the men and over the last 20 years. More than half activities as health fairs, veteran open women who served their country in the of these occurred after OSHA’s rules houses to invite new veterans to the fa- Armed Forces that they ‘‘just have to were adopted in 1992. Serious chemical cilities, or enrollment displays at VSO, wait’’ is wrong and unacceptable. explosions and fires continue to occur Veteran Service Officer meetings, are In response to these concerns, I in states around the country. Recent inappropriate.’’ joined with the Senator from Utah (Mr. fatal accidents in Texas, Georgia, While it is clear that more funding HATCH) to introduce the Veterans Ben- Pennsylvania, and New Jersey are should be provided for VA health care efits Administration Improvement Act, among those catalogued in the Chem- and other programs, what is inappro- which would require the Secretary of ical Safety Board’s investigation. priate is for the VA to institute a pol- Veterans Affairs to submit a com- Take the case, for example, of 45-year icy to stop making veterans aware of prehensive plan to Congress for the im- old Rodney Gott, a supervisor at the the health care services for which they provement of the processing of claims Phillips Chemical complex in Pasa- may be eligible. for veterans compensation and pen- dena, Texas, outside of Houston. On nu- Soon after this memo was issued, I sions. In addition, every six months merous occasions Mr. Gott was spared joined with the Senator from Massa- afterwards, the Secretary must report as deadly accidents occurred at his to Congress about the status of the pro- chusetts (Mr. KERRY) and a number of plant and those nearby. On one occa- colleagues to send a letter to the Presi- gram. I remain concerned about claims sion in 1989, 23 of his coworkers were processing, and will continue to work dent that expressed concern about the killed during a chemical explosion at with the VA and with my colleagues to memo and asked that the policy out- his plant. But eleven years later, as he address this important issue. lined in it be reversed. As of today, Mr. I look forward to continuing to meet worked next to a 12,000 gallon storage President, more than two months with veterans and their families tank containing reactive chemical resi- later, we have yet to receive a reply to around Wisconsin in order to hear di- dues, he fell victim to a huge explo- that letter. rectly from them what services they sion. Sixty-nine of his colleagues were I call on the President and the Sec- need and what gaps remain in the VA injured, including some who were retary of Veterans Affairs to reverse system. burned almost beyond recognition. immediately this unacceptable policy. And so, Mr. President, this coming Rodney Gott never made it out. After the 108th Congress convenes Veterans Day, and throughout the As a result of the loophole in OSHA next year, I plan to introduce a com- year, let us continue to honor Amer- and EPA regulations, many industrial prehensive package of reforms that ica’s great veterans. facilities that handle reactive chemi- will help to ensure that our nation’s Thank you, Mr. President. cals are not required to follow basic veterans are treated in a fashion that good engineering and safety manage- f respects and recognizes the contribu- ment practices practices such as haz- tions that they have made to protect WORKPLACE SAFETY IN THE ard analysis, worker training, and generations of Americans. CHEMICAL PROCESSING INDUSTRY maintenance of process equipment. I am working to build on two pieces Mr. WELLSTONE. Mr. President, I Frankly, this is hard to understand. of legislation that I introduced during would like to bring to the Senate’s at- These sound to me like practices that the 107th Congress. The National I Owe tention a disturbing new Federal study should be followed universally in the You Act, which I introduced with the related to chemical plant safety. This chemical industry. There should be lit- Senator from Missouri [Mr. BOND], report, dated September 24th from the tle disagreement about the need to re- would require the VA to take more ag- U.S. Chemical Safety and Hazard In- quire these practices wherever dan- gressive steps to make veterans aware vestigation Board, describes the haz- gerous reactive chemicals are in use. of the benefits that are owed to them. ards of what are called reactive chemi- Nonetheless, OSHA has failed to take This legislation, which was inspired by cals. These are substances that can action to improve its process safety the Wisconsin Department of Veterans react violently, decompose, burn or ex- standard. The last administration had Affairs’ ‘‘I Owe You’’ program, would plode when managed improperly in in- regulation of reactive chemicals on its create programs that identify eligible dustrial settings. Process accidents in- agenda, but did not complete work on veterans who are not receiving bene- volving reactive chemicals are reported the task before leaving office. In De- fits, notify veterans of changes in ben- to be responsible for significant num- cember 2001, the new OSHA administra- efit programs, and encourage veterans bers of deaths and injuries and consid- tion inexplicably dropped rulemaking to apply for benefits. The bill also erable property losses in U.S. indus- on reactive chemicals from their pub- would direct the Secretary of Veterans tries. lished regulatory agenda. I convened

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10666 CONGRESSIONAL RECORD — SENATE October 17, 2002 an oversight hearing of the Sub- timidation will fail, and law enforce- or ‘‘ballistic fingerprinting.’’ Unlike committee on Employment, Safety and ment officers will bring the guilty to DNA or fingerprints that do not change Training in July of this year to exam- justice. over time, the unique marks that can ine this issue among others. As investigators are running down identify a particular bullet or shell OSHA Assistant Secretary John tips and testing forensic evidence, a casing can change because of a number Henshaw appeared at that hearing. sudden cry has gone up in some quar- of environmental and use factors. Bar- While he earlier stated that reactive ters demanding the dramatic expansion rels and operating parts of firearms chemical safety is a ‘‘vital interest’’ of of a process known as ‘‘ballistic imag- change with use and wear and tear over the agency, he would not commit to me ing.’’ This technology is a tool em- time. Moreover, a person can, within any particular timetable to put this ployed to assist law enforcement in the minutes, use a file to scratch marks in important rulemaking back on track. I analysis of crimes committed with a a barrel or breech face, or replace a fir- am deeply concerned at OSHA’s failure firearm. ing pin, extractor, and barrel thereby to issue new and revised safety stand- I would like to take a moment to giving a firearm a completely ‘‘new’’ ards on an efficient schedule and at the talk about this technology and make ballistic identity. In other words, im- low priority this item appears to have sure all our colleagues understand its aging remains a tool, but not a silver on OSHA’s agenda. As the Chemical benefits and limitations. It is easy for bullet, in criminal investigations. Safety Board’s compelling statistics good people in the heat and emotion of Legitimate concerns have been raised make clear, every year of delay on this these troubled times to be swept away about creating a national database regulation will cause additional need- by apparently easy solutions to enor- that would store ballistic images from less deaths among America’s working mously complex problems, and I be- all firearms sold. We know that such a families. And there is ever present risk lieve that before we begin to think database would involve huge costs to about expanding ballistic imaging in of a public catastrophe. the government, firearms manufactur- The Chemical Safety Board has now the United States, we should first take ers, and customers. Furthermore, it issued strong recommendations to both stock of what we do know. raises questions about a legal ‘‘chain of Ballistic imaging technology can be OSHA and EPA to address the safety of evidence,’’ i.e., how to handle and store a useful tool in the investigation of reactive chemicals through new regula- hundreds of millions of bullets or shell crimes committed with firearms. As tions. President Bush’s new appointee casings without exposing all such evi- currently used, forensic experts are to head the Board, Carolyn Merritt, en- dence to attack by defense lawyers. It able to electronically scan into a data- dorsed both these actions. A 30-year could also break existing law by cre- base a shell casing recovered from a ating a database of law-abiding fire- veteran of the chemical industry, she crime scene to determine if that case lamented the loss of life from reactive arms owners and prove much less effec- matches those from other crime scenes. tive than NIBIN. chemicals, noting that ‘‘it is much The technology can serve as a starting cheaper to invest in sound safety man- A recent study completed by the point in assisting law enforcement in California Department of Forensic agement systems than to pay the cost determining if the same firearm was of a major accident.’’ I hope this is a Services on creating a ballistic imag- involved in multiple crimes. ing network merely on a statewide view that prevails within the adminis- The Federal Government has worked level stated: ‘‘When applying this tech- tration. for nearly 10 years on developing an nology to the concept of mass sampling By statute, OSHA and EPA must re- imaging network. The National Inte- of manufactured firearms, a huge in- spond to the Chemical Safety Board’s grated Ballistic Information Network, ventory of potential candidates will be recommendations within 180 days. I NIBIN, administered by the Bureau of generated for manual review. This urge both Assistant Secretary Henshaw Alcohol, Tobacco, and Firearms, study indicates that the number of and Administrator Whitman not to BATF, provides Federal, State, and candidate cases will be so large as to be wait, but to immediately accept these local law enforcement officials with recommendations and begin enacting critical ballistics information on impractical and will likely create lo- new standards. Every day without crimes committed with a firearm. This gistic complications so great that they these standards is another day of peril system matches shell casings recovered cannot be effectively addressed.’’ The for workers like Rodney Gott, and for from crime scenes to ascertain if a fire- study pointed out that when expanding the thousands of people who live and arm has been used in multiple assaults. the database of spent shell casings, the work around chemical facilities na- By focusing strictly on cases recovered system will generate so many ‘‘hits’’ tionwide. from crime scenes, NIBIN cannot be that could be potential matches, it The Executive Summary of the used to build a database of firearm would not be of any use to forensic ex- Chemical Safety Board’s investigation owners, thereby guaranteeing the secu- aminers. Other problems included guns Improving Reactive Hazard Manage- rity and legal rights of millions of making different markings on casings ment is too lengthy to include in the Americans who are law-abiding gun from different ammunition manufac- record. It can be found on the Chemical owners. turers; the shipping, handling, and Safety Board Web site: http:// How does it work? When a firearm is storage of spent shell casings; the fact www.csb.gov/info/docs/2002/ discharged, both the shell casing and that some firearms do not leave marks ExecutiveSummary.pdf the bullet traveling down the barrel of that can be traced back to that par- f the gun are imprinted with distinctive ticular firearm; and the requirement of marks. The bullet takes on marks from highly-trained personnel for proper op- REALITY CHECK ON BALLISTIC the barrel’s rifling, and the casing is eration. IMAGING marked by the gun’s breech face, firing What about the success rate of state- Mr. CRAIG. Mr. President, the Wash- pin and shell ejector mechanism. Some wide systems already in operation? ington, DC, area is in the midst of a guns, such as revolvers or single-shot Maryland introduced its own ballistic terrible crisis. As we all know too well, rifles, might not leave ejection marks. imaging system in 2000. Every new a murderer has gunned down nine peo- These imprints are distinctive to a handgun that is sold in the State must ple in cold blood during the past two firearm. A ballistic imaging program be accompanied by spent shell casings weeks. Two other victims, including a can run a casing through its database for input into the imaging network. child, have by the grace of God sur- and select those that offer a close According to Maryland budget figures, vived these sick and senseless attacks. match. A final identification is made approximately $5 million has been Our thoughts and prayers go out to the visually by a highly trained ballistic spent on the system. According to bereaved, even as we try to comfort examiner. This process does not lend Maryland law enforcement officials, it and reassure our own families and com- itself to examining bullets from a fire- contains over 11,000 imaged cartridges, munities. arm. Often, bullets are severely dam- has been queried a total of 155 times I am confident that the deranged per- aged on impact. Bullets recovered are and has not been responsible for solv- son or persons causing all this suf- usually examined visually by experts. ing any crimes. Meanwhile, in New fering will be caught. The attempt to It is critically important to under- York, there have been thousands of hold this area hostage to fear and in- stand that this is not ‘‘ballistic DNA’’ cartridges entered into their database

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 17, 2002 CONGRESSIONAL RECORD — SENATE S10667 and, according to reports, no traces to send my warmest thanks to Susan Earlier in the season some said that have resulted in criminal prosecutions. Hagen and Mary Carouba, authors of the team did not have a serious chance Let me raise one more concern. It is Women at Ground Zero, who wanted to to make the post-season. One local clear that any ballistic imaging net- make sure that the contributions of sports columnist said the Giants work would only be as good as the women rescue workers were recognized should play minor league prospects in records it contains. While all the pro- and honored along with their male September because their situation was posals put forward deal with compiling counterparts. effectively hopeless—the Giants were information from new firearms, today In honor of their incredible efforts on 111⁄2 games out of first place in the in the United States, it is estimated September 11 and the important work Western Division with a week left in that there are more than 200 million they do every day, I am going to read August. firearms in private hands. It would be the names of 30 women who worked at Manager Dusty Baker said through- impossible to retrieve these firearms Ground Zero and then I will remember out the season that the Giants were a for ballistics documentation without 3 women rescue workers who lost their team of veterans, and he expected them violating the constitutional rights of lives on September 11, 2001. to have a strong second half of the sea- millions of law abiding firearms own- Detective Jennifer Abramowitz; Rose son. He was right, as he has been so ers. Arce, who is not a rescue worker but many times. After their low mark in All of these considerations should be who was doing a live broadcast next to August the team went on a run that food for thought to anyone seriously Ground Zero on September 11 in order never ended. The Giants have won 32 of contemplating a national ballistic im- to get vital escape and rescue informa- their past 43 games, including eight tion out; Lieutenant Doreen Ascatigno; aging network. At the very least, they straight at the end of the season. Captain Brenda Berkman; Maureen support the conclusion that we should This will be the first World Series ap- Brown; Tracy Donahoo; Major Kally look, and look carefully, before we leap pearance for the San Francisco Giants Eastman; Bonnie Giebfried; Lieutenant into this system. President Bush is since 1989. Their only other trip to the Kathleen Gonczi; Sarah Hallett, PhD; calling for a study of the ballistic im- Series was in 1962. Giants fans are Captain Rochelle ‘‘Rocky’’ Jones; Sue aging technology, and so are some rightly thrilled. This has been a special Keane; Tracy Lewis; Patty Lucci; members of Congress. For example, the season for the Giants, marked by savvy Christine Mazzola; Lieutenant Ella Ballistic Imaging Evaluation and decisions in the front office, great lead- McNair; Captain Marianne Monahan; Study Act, introduced in both the ership from the manager, key contribu- Lieutenant Amy Monroe; Lois Mungay; tions from the entire team and out- House and Senate by the bipartisan, bi- Captain Janice Olszewski; Carol standing fan support. This pennant is a cameral team of Representative ME- Paukner; Sergeant Carey Policastro; result of organization-wide commit- LISSA HART and Senator ZELL MILLER, Mercedes Rivera; Lieutenant Kim ment and effort. would order the Department of Justice Royster; Maureen McArdle-Schulman; In a world with much cause for anx- to contract for a study by the National Major Molly Shotzberger; JoAnn iety, our national pastime provides a Academy of Sciences, which would ex- Spreen; Captain Terri Tobin; Nancy welcome break. I invite my colleagues amine the many questions surrounding Ramos-Williams; and Regina Wilson. imaging technology and provide a list I also want the following names to be to join me in saluting the San Fran- of recommendations to policymakers memorialized today: Yamel Merino, cisco Giants, baseball’s 2002 National ∑ and Congress. Enacting legislation to Emergency Medical Technician; Cap- League Champions. begin a study of this technology should tain Kathy Mazza, Commanding Officer f be a priority. The proper allocation of of the Police Academy at the Port Au- IN RECOGNITION OF THE ANAHEIM dollars to fight crime is critical to en- thority Police Department; and Moira ANGELS suring safe communities, and we Smith, police officer with the New ∑ Mrs. BOXER. Mr. President, I come should obtain firm scientific conclu- York Police Department. All three of before my colleagues today to offer my sions on which to base decisions on these women sacrificed their lives on congratulations to the Anaheim Angels how best to deploy this technology. September 11, 2001 in their heroic ef- on their American League Champion- f forts to save the lives of others. None of us is untouched by the terror ship Series victory. The Angels 13 to 5 ADDITIONAL STATEMENTS of September 11, and many Californians win on October 13 gives Anaheim its were part of each tragic moment of first World Series berth in its 42-year history, a dream come true for Angels’ IN CELEBRATION OF THE WOMEN that tragic day. I offer today this tribute to the heroic women who worked fans around the country. AT GROUND ZERO Throughout the 2002 season, the An- ∑ tirelessly and selflessly at Ground Mrs. BOXER. Mr. President, I would Zero. I want to assure the families of gels have demonstrated the grit, dedi- like to take this opportunity to share Yamel Merino, Captain Kathy Mazza, cation and focus that it takes to be- with the Senate my thoughts on 33 and Officer Moira Smith that their come champions. Baseball fans across women who courageously served as res- mothers, daughters, aunts, and sisters the Nation have fallen in love with this cue and medical workers, firefighters will not be forgotten. And we will al- team, not only because of its winning and police officers in New York City on ways be grateful to the brave men and ways, but because of how it wins. It is September 11, 2001. women who worked tirelessly and self- only appropriate that the Angels’ hard It is my great honor to recognize the lessly at Ground Zero.∑ work be rewarded with a chance at a extraordinary contributions made by World Series Championship. f these rescue workers who bravely The road to the World Series was not worked to save lives at Ground Zero in IN RECOGNITION OF THE SAN easy for the Anaheim Angels. Making New York City during the horror of FRANCISCO GIANTS the playoffs as a wildcard team, nobody September 11, 2001. The selfless actions ∑ Mrs. BOXER. Mr. President, I come expected the Angels to win. When the of these women helped heal our coun- before my colleagues today to pay trib- team matched up against the perennial try during a time of national tragedy. ute to the San Francisco Giants and favorite New York Yankees in the first On September 11, we found out as a Na- their exceptional achievements on round of the playoffs, the odds against tion what heroism truly is, how strong their road to the National League Pen- them grew even greater. However, and united we can be, how we can set nant. On October 14, the Giants won against all odds, and contrary to the aside differences for the greater good the National League Championship Se- experts who said they could not win, and work together. And these women ries in the bottom of the ninth inning the Anaheim Angels went out and helped show us the way. on three consecutive hits in a rally proved everyone wrong. Some wonderful people in my home that began with two outs. This game, On the strength of a record-tying in- State of California are bringing these and this particular conclusion, were ning, and a three home-run night by women to Sonoma County for an all- emblematic of their entire season— second baseman Adam Kennedy, the expense-paid week in the wine country hard fought, dramatic and filled with Angels scored 10 runs in the seventh in- to pay tribute to their heroism. I want contributions from the entire lineup. ning to beat a determined Minnesota

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10668 CONGRESSIONAL RECORD — SENATE October 17, 2002 Twins team. This come-from-behind ment of Employment and Training, and Fernandez of Albuquerque, and War- win epitomizes the heart of the Angels in 1989, she was appointed Chief of Staff rant Officer, then Sergeant First Class, organization, not only this year but and Secretary of Civil and Military Af- Louis R. Rocco, of Albuquerque. throughout its storied history, a his- fairs for Gov. Madeleine Kunin. April 2002 marked the 60-year anni- tory that came full circle when Jackie Kathy Hoyt left State government versary of the horrific Bataan Death Autry, widow of the Angels founder and when Gov. Kunin’s term ended in Janu- March, a calamitous event that in- owner and cowboy legend Gene Autry, ary 1991, but her absence was short- volved 1,817 New Mexicans, with fewer presented the team with the League lived. When Gov. Kunin’s successor, than 900 returning home. Memorials Championship trophy. Gov. Richard Snelling, died in office were unveiled in Albuquerque and Las The Anaheim Angels symbolize what eight months later, Kathy Hoyt was Cruces to commemorate the brave vet- makes team sports great. The team summoned back to assist incoming erans of this horrific ordeal, many of proved that you do not need the big- Gov. Dean with the sudden transition. whom were Hispanic. In fact, several of gest stars or the highest payroll to Once again, Kathy Hoyt found herself the veterans on which this memorial achieve the greatest of goals. I wish serving as Chief of Staff to a Vermont was based were Hispanic natives of the Angels the best of luck in the governor. Her unexpected re-entry in Southern New Mexico who survived the World Series, and, on behalf of all the State government would keep her there march, Private First Class Jose M. fans, I thank the team for what has al- for nearly a dozen more years. ‘‘Pepe’’ Baldonado, and Staff Sergeant ready been one of the most memorable Of all the tributes that have been Juan T. Baldonado. One of the veterans baseball seasons ever.∑ made and will be made to Kathy Hoyt, of this 65-mile forced march and labor f perhaps her contribution to State gov- camp internment, Ruben Flores of Las ernment was best summed up by Gov. Cruces, passed away this year just be- LILLIAN GOLDMAN Dean. In a newspaper profile of Kathy fore the memorial was unveiled. I am ∑ Mrs. CLINTON. Mr. President, on Au- Hoyt, Gov. Dean referred to his close pleased that this year we have created gust 20, New York lost one of its finest confidante simply as ‘‘Saint Kathy.’’ a lasting tribute to thank these mem- citizens. Lillian Goldman was a beau- I would like to take this opportunity bers of the New Mexico National Guard tiful woman, inside and out. She was to wish Kathy Hoyt the best in her fu- for their gallant service and valorous also committed, wise and generous. I ture endeavors, and to personally sacrifice under conditions too horrific was fortunate enough to be Lillian’s thank her for the devotion she has for words, and today I salute them once friend, and I know how much her shown to our great State of Vermont.∑ again. friendship meant to me and to so many f It has been fantastic for New Mexico others. I witnessed the effects she had that several of our citizens have been IN CELEBRATION OF HISPANIC on people and their futures. Four years appointed by President Bush to serve HERITAGE IN NEW MEXICO ago, Lillian gave a significant gift to in important capacities in the Federal the 92nd Street Y for the family center. ∑ Mr. DOMENICI. Mr. President, I rise Government. But it is also terrific for Two years ago, I was privileged to at- today to recognize the contributions of Hispanics around our nation that many tend the dedication of the Lillian Gold- Hispanic Americans to New Mexico and of these individuals happen to be His- man Law Library at Yale Law School. this great country. I am so proud that panic. We are seeing greater represen- Among the many things about which New Mexico leads the Nation with the tation of Hispanics in appointed posi- she cared was the ability of women to highest Hispanic percentage of popu- tions and as candidates in elections make careers in the law, and especially lation of any State, 42 percent. Of the around the country, and I’m proud of to be educated at Yale Law School. Not 50 counties nationwide where Hispanics the New Mexicans who are blazing the only would she provide the scholar- made up a majority of the population, trail in government service. ships to make that possible, she would 43 were located in either New Mexico or Just to name a few, I am thinking of have the foresight to support daycare Texas. Today New Mexico received the Lou Gallegos, now Assistant Secretary at the law school, as well. news that five of our own have been of Agriculture for Administration; Dr. Women, children and their families, named to Hispanic Business magazine’s Cristina Beato, Deputy Assistant Sec- will be indebted to Lillian Goldman, ‘‘100 Most Influential Hispanics’’ list. It retary for Health at the Department of her generosity and her progressivism is no surprise that our State has pro- Health and Human Services; and Ro- for many generations to come.∑ duced tremendous representation of berto Salazar, head of the Agriculture f Hispanic accomplishments on the na- Department’s Food and Nutrition Serv- tional scene in the past year. It gives ice. President Bush has also named two TRIBUTE TO KATHLEEN CLARK me great pleasure today to acknowl- qualified Hispanic New Mexicans to HOYT edge the many ways Hispanic New serve in the federal judiciary: David ∑ Mr. JEFFORDS. Mr. President, I am Mexicans have made a national name Iglesias, United States Attorney for here today to honor and congratulate for themselves and our state in mili- the District of New Mexico and Judge Kathleen Clark Hoyt of Norwich, VT, tary and government service, the arts, Christina Armijo of the U.S. District who will retire from Vermont State education, business, sports, and many Court of New Mexico. government on November 1 after many other fields. I am so proud of New Mexico’s place years of dedicated public service. As our Nation focuses on fighting on center stage in the world of His- Most recently, Kathy Hoyt has terrorism around the globe and keeping panic arts and culture. A center for served as Secretary of Administration our homeland safe, we are indebted Hispanic culture for centuries, Santa in the cabinet of Governor Howard B. more than ever to those serving in our Fe has recently drawn renewed atten- Dean, a position she has held since military. Currently, more than 100,000 tion with its Museum of Spanish Colo- 1997. As such, she has been one of the Hispanic Americans serve in our Na- nial Art. Last month, the Wall Street most influential forces in our State tion’s armed forces, making up about Journal provided an in-depth look at government. nine percent of our military. Thirty- the unique contributions of this insti- Kathy Hoyt’s years of service date eight Hispanics have attained the Na- tution to the preservation of Hispanic back more than three decades. In her tion’s highest award for valor, the culture in an article titled Arte native State of North Carolina, she Medal of Honor. Five Hispanic New Hispanico, saying, ‘‘Though Spanish- worked to help fight poverty, create Mexicans have earned this medal serv- colonial artworks are in the collections jobs and housing, and provide leader- ing in the United States Army, three in of many major museums, the Santa Fe ship training for minorities and the World War II, including Private Joseph museum is uniquely focused on illus- poor. After arriving in Vermont in 1968, P. Martinez, of Taos; Private First trating the cultural connections among she went to work with the State Office Class Alejandro R. Renteria Ruiz of people of Spanish descent, showing, for of Economic Opportunity, devoting Loving, NM, and Private First Class example, how Baroque influences in herself to such issues as welfare reform Jose F. Valdez, born in Governador, style and artistic method traveled first and child care. She went on to become NM; and two in Vietnam, including from Spain to Mexico and then to New Commissioner of the Vermont Depart- Army Specialist Fourth Class Daniel Mexico . . . ’’

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 17, 2002 CONGRESSIONAL RECORD — SENATE S10669 Likewise, this article highlighted I want to take this opportunity to citizens of Hispanic origin and must ‘‘have New Mexico’s role as home to the commend Deborah Valenzuela Baxter, had recent national impact,’’ the magazine Spanish Colonial Arts Society, saying, President and CEO of Integrity Net- says. ‘‘For more than seven decades, the so- working Systems, Inc. of Albuquerque, ‘‘That’s something,’’ Anaya said of his ciety has purchased historic and con- making the list. ‘‘I think it’s kind of far- for gaining the prestigious title of Mi- sighted for a business magazine to include a temporary Spanish-colonial artworks nority Female Entrepreneur of the writer.’’ and sponsored markets and competi- Year. Under her leadership, an enter- Anaya said people don’t usually think of tions among living artists, fostering prise that began as a two-man oper- writers as business people. what has grown into a vibrant commer- ation has blossomed into a highly mo- ‘‘We’re also part of the economy. I think cial market for traditional Spanish-co- tivated staff of 40 with revenues of over maybe it’s a wake-up call for some of the lonial arts. Some 300 artists in New $20 million in 2001. Carlo Lucero, Presi- business organizations here in New Mexico Mexico alone continue to make art like dent of Sparkle Maintenance, Inc. of to realize that we’re in there punching away,’’ Anaya said. their ancestors did . . . Many of the Albuquerque was named 8(a) Graduate artists participate in the Art Society’s ‘‘I told my wife I was No. 1’’ on the list, he of the Year, after his firm this year put equipped. ‘‘But she told me it was because annual Spanish market, which drew its 36 years of experience in commer- my name’s Anaya.’’ The magazine lists its about 70,000 colonial art aficionados to cial janitorial and building mainte- selections in alphabetical order. Santa Fe’s plaza earlier this summer.’’ nance service to work in a contract for Anaya, widely recognized as the father of Finally, I would be remiss if I did not the high-tech clean rooms of Sandia Chicago literature, is best known for his New recognize once again the New Mexican National Laboratories. Mexico trilogy ‘‘Bless Me, Ultima,’’ who brought home a National Medal of ‘‘Tortuga’’ and ‘‘Heart of Aztlan’’ and a Finally, this year marked the retire- Arts for 2001, writer Rudolfo Anaya. dozen other works. He received the Premio ment of a national great from New President Bush honored Rudolfo with Quinto Sol National Chicano Literary Award Mexico, whose achievements charted this award earlier this year for his ac- for his first novela, ‘‘Bless Me, Ultima,’’ in new waters for both women and His- complishments such as his well-known 1972, and the PEN Center West Award for his novel ‘‘Bless Me, Ultima,’’ and his panics in the United States. Nancy 1992 novel ‘‘Alburquerque.’’ Lopez, a Roswell native and one of New In 2001 Anaya was awarded the National work to inspire and promote other His- Medal of Arts award by President Bush. panic writers. Rudolfo is a New Mexico Mexico’s favorite daughters, won 48 ti- FARMING treasure, and I want to thank this fel- tles on the Ladies Professional Golf As- low New Mexican for the fine work he sociation, LPGA, tour, and was in- Gallegos, who herded sheep on his family’s ducted into the LPGA Hall of Fame in ranch near Amalia in northern Taos County has done. as a child, made the list for the second year I would now like to recognize another 1987. Nancy is a luminary and a pace- setter whose accomplishments give tes- in a row. citizen of our state who has had a hand ‘‘It is kind of a feather in one’s hat,’’ in inspiring the next generation of New timony to the power of dreaming big Gallegos said from his Washington office. Mexicans. Hispanics make up the fast- and working persistently. Gallegos also wrote an article for the same est growing part of the nation’s public I mentioned that today Hispanic issue of the magazine outlining the prospects school system. Earlier this year, we en- Business magazine announced five New for Hispanic farmers in the United States. acted the most comprehensive edu- Mexicans selected for the ‘‘100 Most In- The essence of the article is that, given cation reform law in decades, the No fluential Hispanics’’ list. I have recog- that the number of Hispanic farmers has doubled in recent years, farming is still a Child Left Behind Act, which will help nized several of their names already, but allow me to include for the record business. The skills necessary to farm suc- give teachers and schools the tools and cessfully have to be upgraded to keep pace, resources they need to do their jobs. the magazine’s list of New Mexican he said. Joseph Torrez, the principal for the leaders who have blazed the trail in For 15 months in 1989–90, Gallegos was as- third through fifth grades in business and their fields: author sistant secretary for policy, management Tucumcari, NM, provides a shining ex- Rodolfo Anaya; U.S. Department of Ag- and budget under Interior Secretary Manuel ample of how our teachers and prin- riculture, USDA, Assistant Secretary Lujan, Jr., also of New Mexico. cipals hold the key to ensuring that no for Administration Lou Gallegos; Gallegos was Gov. Gary Johnson’s chief of child is left behind. In honor of his out- LPGA golfer Nancy Lopez; Director of staff from 1994 until May 2001, when he left USDA’s Food and Nutrition Service, for Washington. standing contributions to the commu- Gallegos also made the magazine’s list in nity and the education profession, the Roberto Salazar; and Eufemia Lucero 2001. Department of Education and the Na- of the U.S. Postal Service. HALL OF FAME tional Association of Elementary In honoring our State’s Hispanic heritage, we should be very proud of the Former Roswell resident Lopez first picked School Principals selected Joseph as up a golf club at age 8 and learned the game the National Distinguished Principal New Mexicans whose accomplishments from her father, Domingo Lopez, by fol- for New Mexico. have garnered the national spotlight lowing him around Roswell’s Cahoon Park Joseph created an after-school pro- and appreciation within our State be- Golf Course. gram providing recreational activities cause of the ways they have enriched When she debuted on the LPGA tour in and assistance to children at risk of our lives. I have no doubt that the best 1978, she won nine tournaments. During her failing in school, as well as job training is yet to come. I ask that the October career, she has added 39 more titles. She was for their parents. He also helped chil- 17, 2002 Albuquerque Journal article ‘‘5 named to the LPGA Hall of Fame in 1987. dren at his school become in new com- New Mexicans make top-100 list’’ be Lopez, 45, announced in March that 2002 would be her final full season on the tour. munity opportunities, such as helping printed in the RECORD. Lopez lives in Albany, Ga., with her hus- the homeless and visiting senior citi- The article follows. band of 20 years, Cincinnati Reds coach Ray zens. I appreciate Joseph’s great con- [From the Albuquerque Journal, Oct. 17, Knight, and her three daughters. tribution to his community, and this 2002] According to the LPGA, Lopez has earned New Mexican has certainly earned the 5 NEW MEXICANS MAKE TOP-100 HISPANIC LIST $2.25 million during her career. national recognition he has gained. (By Charles D. Brunt) ‘‘Without Nancy and her fans, we would not have a $3 million purse today,’’ Cora New Mexico is leading the pack by Albuquerque author Rudolfo Anaya, U.S. leaps and bounds in Hispanic business Jane Blanchard, the U.S. Golf Association Department of Agriculture Assistant Sec- women’s committee chairwoman, told the ownership. Hispanics own 21.5 percent retary for Administration Lou Gallegos, and of all firms in our State, the highest Journal last summer at the start of the U.S. LPGA Hall of Fame golfer Nancy Lopez have Women’s Open. percentage of any State, or a total of been named to Hispanic Business magazine’s 28,300 businesses, according to the lat- annual ‘‘100 Most Influential Hispanics’’ list. IN WASHINGTON est figures released by the Department Also on the list are Roberto Salazar, who Salazar, a native of Las Vegas, N.M., was of Commerce. Not surprisingly, His- heads the USDA’s Food and Nutrition Serv- state director of the USDA’s Rural Develop- ment agency in New Mexico before taking panic New Mexicans made an impres- ice, and Eufemia S. Lucero, a longtime administrator with the U.S. Postal Service. the Washington job. sive showing this year in the business The magazine’s October 2002 edition says He held senior positions with the New Mex- honors bestowed by the Minority Busi- nominations for the list come from the mag- ico Economic Development Department and ness Development Agency, MBDA, of azine’s staff, nominees themselves, readers the U.S. Department of Commerce’s Minor- the Department of Commerce. and Web-site visitors. Nominees must be U.S. ity Business Development Agency.

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10670 CONGRESSIONAL RECORD — SENATE October 17, 2002 Lucero was manager of the Postal Serv- For those who are not familiar with Third Baptist Church has been ice’s Executive Resources and Leadership digital television, let me say that it is blessed with the leadership of many Development Program for two years before the next exciting step in TV. Digital fine pastors. From Reverend Charles being named human resources director. She also has held several management po- television’s capacity makes High Defi- Satchell to Reverend Amos C. Brown, sitions with the Postal Service’s Albu- nition broadcasting possible, bringing the current senior pastor, the Third querque District office.∑ viewers enhanced viewing resolution Baptist Church continues to be a f and sound. Moreover, the capacity can strong voice for those who too often also allow stations to ‘‘multi-cast’’ or have no voice at all. PORTLAND, OREGON AWARDED provide multiple programs simulta- I am aware that President Bill Clin- DIGITAL TV ZONE neously, giving viewers more program- ton and other dignitaries will be ∑ Mr. SMITH of Oregon. Mr. President, ming options and allowing stations to present at this 150th anniversary event. I rise today to congratulate the city of convey even more information over the I extend my personal congratulations Portland for recently being awarded airwaves. and thanks for 150 years of devoted the ‘‘Digital TV Zone’’ distinction by As with every other technological ad- service.∑ the National Association of Broad- vance, there will be challenges before f casters and the Consumers Electronics consumers can fully benefit from ev- IN COMMEMORATION OF THE Association. erything digital television offers. The In Portland my constituents are al- American consumer will need to em- AMERICAN INDIAN HERITAGE ready served by a number of free, over- brace digital television for it to catch CELEBRATION the-air, digital signals. Portland sta- on. That is why I am so proud of these ∑ Mr. BOND. Mr. President, I rise to tions broadcasting in digital include: Portland stations. Not only have they commemorate the American Indian KPDX, a Meredith Corporation owned invested in the technology of digital Heritage Celebration which took place FOX affiliate; KPTV, a FOX owned television, they have invested to see at Frank Vaydik Line Creek Park in UPN affiliate; KGW, a Belo Corpora- that the technology takes hold among Kansas City, MO on October 5th and tion owned NBC affiliate; KOIN, an consumers. These stations are small 6th of 2002, and to recognize the Otoe- Emmis Communications owned CBS af- businesses like any other. They have Missourina nation. For over 10,000 filiate; KATU, a Fisher Broadcasting payroll to fulfill; they must pay over- years, the Kansas City area has been owned ABC affiliate and KOPB, Or- head. I think it is commendable that home to several ancient cultures with egon’s local PBS station. they have shown such a commitment sites that are recorded with the Ar- The Digital TV Zone distinction, rec- to the future of free, over-the-air tele- chaeological Survey of Missouri and ognizes Portland as a technology lead- vision through the ‘‘Digital Television the National Register of Historic er for having all of its local network af- Zone’’ program.∑ Places. filiated stations broadcasting in dig- f In 1673, when French explorers trav- ital. eled along what is now the Missouri However, the distinction means more ON THE 150TH ANNIVERSARY OF River, they named the indigenous peo- than just that. As part of the Digital THIRD BAPTIST CHURCH ple living in the area, Oumessourit, TV Zone project, these local stations ∑ Mrs. BOXER. Mr. President, on No- meaning ‘‘people of the big wooden dug undertook an awareness campaign to vember 10, 2002, Third Baptist Church out canoes.’’ Oumessourit, later be- educate Portland consumers about the of San Francisco will celebrate 150 came Missouri and the state of Mis- digital television future. The stations years of service to the community. I souri would subsequently be named pooled their resources to host digital would like to take this opportunity to after the natives. watch parties in local restaurants and direct the Senate’s attention to this re- The Missouria’s main village was ap- consumer outlets. markable milestone and reflect about proximately 90 miles east of Kansas The stations posted digital sets in the history of the church and what it City. A related tribe, the Otoe, lived in high traffic areas throughout the city means to the people of San Francisco. the area of Kansas City, particularly like the Rose Garden Arena, the Or- Third Baptist Church, formally the ‘‘Northland.’’ Along with the Win- egon History Center, and the Portland known as the First Colored Baptist nebagos and Loway, the Otoe and City Hall. In these venues, Portlanders Church of San Francisco, was founded Missouria were once part of a single could see local digital signals displayed in the home of William and Eliza Davis nation living in the Great Lakes area. in all their glory on High-definition in August, 1852. Since then, the church The Otoe and Missouria would later re- digital television sets. has grown and thrived. Today it serves unite to become the Otoe-Missouria na- The stations spent their own revenue as place of worship for thousands of tion and in the late 1800s were relo- airing an advertisement that explains congregants. In addition, it provides a cated to a reservation in Oklahoma. the benefits of digital television to wide variety of ministries to people of Lewis and Clark once spoke of the viewers. Some of you may have seen all ages. Missouria as ‘‘a remnant of the most this advertisement. It was entitled As the first black Baptist congrega- numerous nation inhabiting the ‘‘Time Marches On,’’ a reference to how tion established west of the Rocky Missouria’’. Today, there are no pure digital television and Portland’s dig- Mountains, Third Baptist has devel- blood Missourias left, only distant de- ital stations are looking towards the oped into a great source of guidance cedents which have been absorbed into future. and strength for the people of San the Otoe tribe.∑ All of these activities worked in tan- Francisco, especially in the African f dem to spread the news of digital tele- American Community. It is a place of vision among Portland consumers, my solace and sanctuary, a place where the TRIBUTE TO MARGARET CARTER constituents. spirit and soul can be rejuvenated. And ∑ Mr. SMITH of Oregon. Mr President, I am proud of these stations for mak- it is a place where people gather to cel- Former Oregon Governor Tom McCall ing the leap into the digital future. I ebrate the great joys of life and share once said, ‘‘Heroes are not giant stat- know it is not an inexpensive under- in the fellowship of other parishioners. ues framed against a red sky. They are taking. Stations converting to digital Not just a part of the community, people who say, ‘‘This is my commu- must purchase new transmission facili- Third Baptist is a community unto nity, and it’s my responsibility to ties and often, they must erect new itself. make it better.’’ broadcast towers. Once they are on the During the past 150 years, thousands I rise today to pay tribute to Oregon air in digital, they must broadcast two of people have found inspiration State Senator Margaret Carter, a re- signals simultaneously: their new dig- through Third Baptist’s doors. The markable woman who truly is a hero, ital signal and an analog signal to con- church has witnessed many pivotal mo- for she has devoted much of her life to tinue serving viewers who can’t yet re- ments in the history of our state, na- making her community and state bet- ceive digital signals. Despite the costs, tion and the African-American commu- ter. these local Portland stations have in- nity. And with each challenge, it has Senator Carter was honored earlier vested in digital television and for that emerged as a stronger, more vibrant in- this week at a dinner saluting her serv- they should be commended. stitution. ice as President of the Portland Urban

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 17, 2002 CONGRESSIONAL RECORD — SENATE S10671 League. Nearly 300 civic and business learns new information and enjoys Although this story has a tragic end- leaders gathered in Portland to thank helping library patrons complete re- ing, we must not forget the heroism Margaret for the leadership she pro- search. Mary says, ‘‘working keeps me displayed by Eric Hurst. He was willing vided to the Urban League during a strong physically and mentally.’’ I to try to save Ms. Christenson from the very crucial time. commend Mary for her dedication and turbulent waters of Basswood Falls I first got to know Margaret when I the Kansas City Public Library’s con- without regard to the danger it posed came to the Oregon State Senate in tribution to the Kansas City commu- to his own life. This is truly the ulti- 1993. At that time, she was serving the nity.∑ mate sacrifice one can make. fifth of her seven terms in the Oregon f It is with deep respect and great sad- State House of Representatives, where ness that I recognize Mr. Eric C. Hurst she made history as the first African- TRIBUTE TO ANTHONY LAMAR before this body of Congress and this American woman ever elected to the ∑ Mr. BOND. Mr. President, I rise to nation for his unselfish act of heroism. Oregon House. pay tribute to the bravery and courage Eric Hurst and Jamie Christenson will Margaret was a Democrat rep- of Anthony Lamar who saved the life of be missed by the many people they resenting inner-city Portland. I was a his schoolmate, fifth grader Walter touched in their life and I express my Republican representing rural Eastern Britton. While working the tree house, sincere condolences to their families.∑ Oregon. Yet, we quickly became friends Walter lost his balance and reached and decided there were a number of back to grab onto a branch, but instead f projects on which we could unite our he grabbed a live wire. Anthony pulled efforts. We have been working together Walter off the live wire saving his life TRIBUTE TO JOSEPH R. DEVINE ever since. and helped Walter home. I commend An educator by training, Margaret Anthony for his bravery and courage ∑ Mr. SMITH of New Hampshire. Mr. has worked as a youth counselor, the and hope his example will encourage President, I rise today to pay tribute assistant director of a community ac- others to assist those in need.∑ to Joseph R. Devine, Chief of Police in tion agency, and for 27 years she served Merrimack, NH. Joseph has faithfully f on the faculty of Portland Community served our country for the past 28 College, where she was a founder of the TRIBUTE TO MARSHAL JOHN years, first in the United States Army PCC Skills Center. While in the State WRIGHT and then as a member of the Police Senate, I was proud to work with Mar- ∑ Mr. BOND. Mr. President, I rise to Force. garet to preserve funding for the Skills pay tribute to Marshal John Wright. Joseph began his career in law en- Center, which is a center of hope for On June 20, 2002 a minivan collided forcement in 1956 with the Johnston, those looking for a better future. Rhode Island Police Department. Dur- In 2000, Margaret was elected to the with a train killing three adults and the only survivor was a 51⁄2-year-old ing his tenure then, Joseph proved to Oregon State Senate, having won the be a valuable asset and was rewarded nomination of both the Democrat and child named Allison Seymour. Bucklin City Marshal John Wright observed the with numerous promotions. Hired Republican parties. Her legislative originally as a Special officer, Joseph achievements include helping to create accident from his police car, about a block and a half away from the rail- was promoted to Full Time Officer 2 a statewide Head Start program and years later, followed by another 3 pro- the Oregon Youth Conservation Corps. road tracks and rushed to the wreck. He found Allison Seymour belted in a motions, eventually leaving him with She was also the chief sponsor of the the rank of Deputy Chief in 1970. His 14 law that created a state holiday to car seat, crying but conscious and alert. Marshal Wright held Allison’s years of dutiful service in Johnston honor Dr. Martin Luther King, Jr. In- prepared him for his future duties, giv- deed, few Oregonians have done more hand and was able to keep her calm until the paramedics arrived to life ing him valuable experience and on the to make Dr. King’s dreams a reality job training. that Margaret Carter. flight her to Children’s Mercy Hospital Included among Margaret’s many tal- in Kansas City. Allison’s injuries con- Joseph later served as the Chief of ents is the fact that she has one of the sisted of a broken femur on her right Police for both St. Johnsbury and most remarkable singing voices I have leg and lacerations on her half calf. Claremont, New Hampshire before set- ever heard. While I couldn’t join in the While at the crash scene, Marshal tling in the Town of Merrimack. It was dinner in her honor this week, I did Wright was at personal risk from the there that he has spent the past 21 want to raise my voice here on the threat of an explosion from leaking years making the streets safe for chil- Senate floor to pay tribute to a woman gasoline, but his concern was for dren and adults, patrolling our neigh- who I am honored to call my friend a Allison’s welfare. I commend Marshal borhoods, and faithfully serving the woman who is a true Oregon hero.∑ Wright for his selfless actions and hope residents of Merrimack. He will be his example will encourage others to sorely missed by those who he pro- f assist those in need.∑ tected for so many years. Throughout TRIBUTE TO MARY COX f his career, Joseph received numerous ∑ Mr. BOND. Mr. President, I congratu- awards celebrating his distinguished late Ms. Mary Cox for being honored as TRIBUTE TO ERIC C. HURST career, from the VFW Certificate of Missouri’s Outstanding Older Worker ∑ Mr. GRASSLEY. Mr. President, I rise Appreciation for Community Service by the Experience Works Senior Work- today to bring to your attention an to the Life Membership Award from force Solutions. Mary was nominated outstanding individual, Eric C. Hurst the International Association of Chief by her employer at the Kansas City of Minot, ND. of Police to the Professionalism in Law Public Library in Kansas City, Mis- This young man tragically lost his Enforcement Award. souri. In 1997, Mary began working for life in an attempt to rescue one of my Joseph serves as a positive example the library as a trainee with the Jew- fellow Iowans. Mr. Hurst loved his job to those in law enforcement and to all ish Vocational Services and has been as a canoe guide in the Boundary Granite Staters. He has served his there ever since. ‘‘I had no idea what I Waters Canoe Area Wilderness in Min- country well and made his family could do, but after only one week, I nesota. While working on July 30, 2002, proud. The Town of Merrimack has knew the library was a place I wanted Mr. Hurst witnessed a young lady, benefitted greatly from his expertise, to work,’’ Mary stated. At the library, Jamie Christenson, drowning in the and I am confident that in years to she entered a fast-paced, highly com- boundary Waters near Basswood Falls. come, Joseph will make his expertise puterized, and customer service ori- Without hesitation, Mr. Hurst dove in and knowledge readily available to the ented world. Mary spent her first year to rescue Ms. Christenson. Unfortu- Police Department. It has been an learning how to shelve books, organize nately, both Mr. Hurst and Ms. honor and a privilege representing you materials, and then received computer Christenson were pulled under water by in the United States Senate. I wish you training. She loves her work as a li- the strong undercurrent. When they continued happiness and success in the brary clerk because she continually surfaced, revival attempts were futile. years to come.∑

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10672 CONGRESSIONAL RECORD — SENATE October 17, 2002 A TRIBUTE TO DICK SPEES resented so well for so long. I wish the this condition. Therefore, it is essen- ∑ Mrs. BOXER. Mr. President, on Sat- very best to him and his wife Jean.∑ tial that we do more to prevent and re- urday, November 16, 2002, the city of f duce suffering from Spina Bifida and Oakland will celebrate the remarkable NATIONAL SPINA BIFIDA take all the steps we can to ensure that career in public service of retiring Oak- AWARENESS MONTH Greg and the 70,000 other Americans land City Councilmember Dick Spees, like him who live with Spina Bifida ∑ Mr. ALLEN. Mr. President, I rise who has served on the council with every day can have the most produc- today to recognize that October is Na- grace, wit and distinction for 24 years. tional Spina Bifida Awareness Month tive and full lives possible. The celebration—2003: A Spees Odyssey and to pay tribute to the more than I would like to commend the Spina will take place at the Chabot Space 70,000 Americans, and their family and Science Center in Oakland. Bifida Association of America, SBAA, Councilmember Spees leaves a quar- members, who are currently affected an organization that has helped people ter-century legacy of service to his by Spina Bifida, the nation’s most with Spina Bifida and their families for constituents, as well as council leader- common, permanently disabling birth nearly 30 years, works every day, not ship on issues of economic develop- defect. just in the month of October, to pre- ment, marketing, good government, fi- Spina Bifida affects more than 4,000 vent and reduce suffering from this nance, quality of life, public safety, pregnancies each year, with more than devastating birth defect. The SBAA and regional planning. half ending tragically in abortion. puts expecting parents in touch with Each year 1500 babies are born with Among his many accomplishments, families who have a child with Spina Spina Bifida, a terrible condition in he led local efforts to found Chabot Bifida, and these families answer ques- which the spine does not close com- Space & Science Center; Oakland-Shar- tions and concerns and help guide ex- ing the Vision; Oakland Tours; the Bay pletely during the first few weeks of pregnancy. The result of this neural pecting parents. The SBAA then works Area Economic Forum; the Bay Area to provide lifelong support and assist- World Trade Center, and the Bay Area tube defect is that most babies suffer from a host of physical, psychological, ance for affected children and their Bioscience Center. families. He has led campaigns to pass bond and educational challenges, including measures that have purchased open paralysis, developmental delay, numer- During the month of October the space, built recreation centers, librar- ous surgeries, and living with a shunt SBAA and its chapters make a special ies and cultural facilities, and up- in their skulls in an attempt to amelio- push to increase public awareness graded emergency response facilities rate their condition. After decades of about Spina Bifida and teach prospec- and equipment. poor prognoses and short life expect- tive parents about prevention. Simply As chair of the City Council’s Rules ancy, due to breakthroughs in re- by taking a daily dose of the B vita- Committee, Dick has shepherded cam- search, combined with improvements min, folic acid, found in most multi- paign finance reform, the sunshine or- in health care and treatment children vitamins, women of childbearing age dinance, the lobbyist registration ordi- with Spina Bifida are now living long have the power to reduce the incidence enough to become adults with the con- nance and the formation of the public of Spina Bifida by up to 75 percent. dition. However, with this extended life ethics commission. He has also spear- That such a simple change in habit can headed development of the city, State expectancy people with Spina Bifida now face new challenges education, job have such a profound effect should and Federal legislative programs and leave no question as to the importance led advocacy efforts in Sacramento and training, independent living, health of awareness and the impact of preven- Washington, DC. care for secondary conditions, aging A skilled negotiator, Dick has re- concerns, and other related issues. tion. solved many contentious issues in Dis- Therefore, we must do more to en- In addition, I would like to commend trict 4 and in the city, including the sure a high quality of life for people my Senate colleagues for allocating $2 expansion of Dreyer’s Grand Ice Cream, with Spina Bifida so more families million in much-needed funding for a Montclair Lucky Store, Fred Finch choose the blessing and joy of having a National Spina Bifida Program at the Youth Center, and Lincoln Child Cen- child with this condition. Fortunately, National Center for Birth Defects and ter. He negotiated recent amendments Spina Bifida is no longer the death sen- Developmental Disabilities, NCBDDD, to the Residential Rent Arbitration tence it once was and now most people at the Centers for Disease Control and born with Spina Bifida will likely have Program. Prevention, CDC, to ensure that those a normal or near normal life expect- In the area of economic development, individuals living with Spina Bifida Councilmember Spees has led many of ancy. The challenge now is to ensure can live active, productive, and mean- the city’s marketing efforts, has col- that these individuals have the highest ingful lives. I also am very proud that laborated on writing Oakland’s tele- quality of life possible. we in the Senate recently passed by communications policy, and has initi- One of my constituents, sixteen year- ated business attraction efforts for old Gregory Pote, is one of the 70,000 unanimous consent the bipartisan telecommunications, digital media, Americans who live with Spina Bifida. ‘‘Birth Defects and Developmental Dis- software, and bioscience companies. He Gregory had the pleasure of visiting abilities Prevention Act of 2002,’’ which has promoted economic development in Capitol Hill this summer to hear his takes many critical steps that will District 4 through zoning changes, uncle testify before the Senate Sub- work to prevent Spina Bifida and to streetscape improvements, utility committee on Children and Families’ improve quality of life for individuals undergrounding, and outreach to inter- hearing on ‘‘Birth Defects: Strategies and families affected by this terrible ested developers. for Prevention and Ensuring Quality of birth defect. Throughout his career, Dick has rep- Life.’’ Greg’s uncle, Hal Pote, Presi- I again thank the SBAA and its chap- dent of the Spina Bifida Foundation, resented Oakland on Bay Area regional ters for their commitment to improve testified that one of his proudest mo- agencies. He currently serves on the the lives of those 70,000 individuals liv- Association of Bay Area Governments, ments was the morning that their fam- ing with Spina Bifida throughout our the Bay Area Economic Forum, the Re- ily awoke before the crack of dawn and Nation. I also wish to thank two na- gional Airport Planning Committee, gathered together on the side of a the Bay Area World Trade Center, Oak- street in Philadelphia to watch Greg tionally respected television journal- land Base Reuse Authority, and co- carry the Olympic torch earlier this ists, Judy Woodruff and Al Hunt for chairs the City-Port Liaison Com- year. Despite this amazing accomplish- their caring, meaningful leadership in mittee and the BAR T-Oakland Airport ment, it is important to note that at this important cause. In conclusion, I Connector Stakeholders Committee. the age of sixteen Greg has already had wish the Spina Bifida Association of The people of Oakland are losing a more than twenty surgeries. It is my America the best of results in its en- remarkable public servant in Dick understanding that double-digit num- deavors, and urge all of my colleagues Spees, but I suspect that his heart with bers for surgeries unfortunately are and all Americans to support its impor- never be far from the people he has rep- not unusual for children living with tant efforts.∑

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 17, 2002 CONGRESSIONAL RECORD — SENATE S10673 25TH ANNIVERSARY OF THE ENVI- served our Nation in the United States EXECUTIVE MESSAGES REFERRED RONMENTAL DEFENSE CENTER Marine Corps and the Coast Guard Re- As in executive session the Presiding ∑ Mrs. BOXER. Mr. President, on Sat- serves. Officer laid before the Senate messages urday, November 10, the Environ- It is clear that Lieutenant Griffith from the President of the United mental Defense Center will celebrate deserves the praise he has received States submitting sundry nominations its 25th anniversary of action to pro- from his colleagues and peers. I extend and a withdrawal which were referred tect the environment in Santa Barbara to him my sincere congratulations for to the Committee on Health, Edu- and Ventura Counties. I would like to his service to the force, broader com- cation, Labor, and Pensions. take this moment to reflect on EDC’s munity and to our Nation. Although (The nominations received today are wonderful work. his presence will be missed, he has left printed at the end of the Senate pro- For the past quarter century, EDC a legacy of leadership that will be long ceedings.) remembered.∑ has served as a powerful voice for the f environment. We can look to natural f MESSAGES FROM THE HOUSE places like the Channel Islands Na- tional Park and National Marine Sanc- OREGON HERO OF THE WEEK ENROLLED BILLS AND JOINT RESOLUTION SIGNED tuary and the Los Padres National For- ∑ Mr. SMITH of Oregon. Mr. President, est to see the impact of EDC’s work. It At 11:02 a.m., a message from the today I pay tribute to a community’s House of Representatives, delivered by has fought for clean air and water, the extraordinary effort to improve their preservation of our precious wild herit- Ms. Niland, one of its reading clerks, situation. In the past year, Oregonians announced that the Speaker has signed age, and the clean up of military bases have faced innumerable economic chal- and toxic waste sites. It has also the following enrolled bills and joint lenges. With unemployment rates sur- resolution: played a crucial role in the fight to passing all other States, Oregonians stop oil drilling off our coast, an issue H.R. 3295. An act to establish a program to have been pushed to the limit. But in provide funds to States to replace punch card so important to California. the relatively small eastern Oregon As a longtime supporter of our na- voting systems, to establish the Election As- community of Baker County, the citi- sistance Commission to assist in the admin- tion’s environment, I know how crucial zens refused to give in to economic istration of Federal elections and to other- it is to protect our natural resources. pressures. The Baker Enterprise wise provide assistance with the administra- We must continue to work to both safe- Growth Initiative, BEGIN, is helping tion of certain Federal election laws and pro- guard our environment and maintain a Baker County grow, one business at a grams, to establish minimum election administration standards for States and units healthy economy. EDC has helped us time. work toward this goal. of local government with responsibility for BEGIN has helped community Entre- the administration of Federal elections, and I am pleased to congratulate EDC on preneurs realize their dreams of run- this important milestone and wish the for other purposes. ∑ ning successful small businesses. H.R. 5010. An act making appropriations staff continued success. BEGIN uses simple, yet effective mod- for the Department of Defense for the fiscal f els to help business owners understand year ending September 30, 2003, and for other the importance of a balance between purposes. THE RETIREMENT OF LIEUTENANT H.R. 5011. An act making appropriations product, marketing and financial sta- RAYMOND GRIFFITH for military construction, family housing, bility. Management becomes a team ef- ∑ and base realignment and closure for the De- Mrs. BOXER. Mr. President, I am fort and people are able to succeed at partment of Defense for the fiscal year end- pleased to take this moment to reflect their strengths while relying on others ing September 30, 2003, and for other pur- on Lieutenant Raymond Griffith’s out- as well. poses. standing service on the occasion of his BEGIN is a community effort and its H.J. Res 123. An act making further con- retirement from the Cathedral City Po- successes lift the entire region. In Au- tinuing appropriations for the fiscal year lice Department. The Department will gust of 2001, the BEGIN Program was 2003, and for other purposes. honor him on November 8, 2002. awarded the Kaufmann Foundation The enrolled bills and joint resolu- Lieutenant Griffith has had a career Pioneer Award for Leadership in Entre- tion were signed subsequently by the devoted to public service spanning preneurial Promotion at the National President pro tempore (Mr. BYRD). more than 33 years. After graduating Association of Development Organiza- The following enrolled bills and joint as Valedictorian from the Los Angeles tions’ Annual Conference in San Anto- resolution, previously signed by the Police Academy, he began his career at nio, TX. Members of the Northeast Or- Speaker of the House, were signed on the Orange Police Department and re- egon Economic Development District today, October 17, 2002, by the Presi- mained there for 15 years. He served were also able to present the BEGIN dent pro tempore (Mr. BYRD). the department in many areas, includ- program and accomplishments to the S. 1339. An act to amend the Bring Them ing patrol, training, internal affairs, over 200 economic development profes- Home Alive Act of 2000 to provide an asylum detectives, juvenile, and nine years in sionals from across the Nation. program with regard to American Persian Gulf War POW/MIAs, and for other purposes. the special weapons unit. BEGIN has not only provided much Lieutenant Griffith’s expertise S. 2558. An act to amend the Public Health needed economic development in Baker Service Act to provide for the collection of equipped him well for the next step in County, but has also shown Orego- data on benign brain-related tumors through his career, Sergeant of the then-new nians, and the entire Nation, that we the national program of cancer registries. Cathedral City Police Department. As will overcome this period of economic H.J. Res. 113. A joint resolution recog- one of the first employees of the de- hardship. BEGIN truly exemplifies the nizing the contributions of Patsy Takemoto partment, Lieutenant Griffith helped pioneer heritage and nature of Baker Mink. get the operation off to a good start. County in searching for its own solu- At. 12:29 p.m., a message from the He played a key role in developing poli- tions to problems rather than waiting House of Representatives, delivered by cies and procedures, hiring staff and for someone else to come solve their Mr. Hays, one of its reading clerks, an- obtaining facilities and equipment. problems for them. I am proud to sa- nounced that the House agrees to the Throughout the agency’s 18-year his- lute the Baker Enterprise Growth Ini- Senate amendment to House amend- tory, Lieutenant Griffith has been seen tiative as the Oregon Hero of the ment to Senate amendments to the bill as a ‘‘founding father’’ of the depart- Week.∑ (H.R. 3253) to amend title 38, United ment and an important leader in its op- States Code, to provide for the estab- eration. f lishment within the Department of In addition to serving on the police Veterans Affairs of improved emer- force, Lieutenant Griffith has served as MESSAGES FROM THE PRESIDENT gency medical preparedness, research, a valued law enforcement instructor Messages from the President of the and education programs to combat ter- and trainer at the College of the United States were communicated to rorism, and for other purposes. Desert, Riverside Community College the Senate by Ms. Evans, one of his The message also announced that the and at the Police Academy. He has also secretaries. House agrees to the amendment of the

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10674 CONGRESSIONAL RECORD — SENATE October 17, 2002 Senate to the bill (H.R. 3801) to provide for initiating important economic reforms to By Mr. KENNEDY, from the Committee on for improvement of Federal education build a stable and prosperous economy in Health, Education, Labor, and Pensions, research, statistics, evaluation, infor- Turkey. with an amendment in the nature of a sub- mation, and dissemination, and for H. Con. Res. 479. Concurrent resolution ex- stitute: pressing the sense of Congress regarding S. 2499: A Bill to amend the Federal Food, other purposes. Greece’s contributions to the war against Drug, and Cosmetic Act to establish labeling The message further announced that terrorism and its successful efforts against requirements regarding allergenic sub- the House agrees to the amendment of the November 17 terrorist organization. stances in food, and for other purposes. the Senate to the bill (H.R. 4015) to H. Con. Res. 492. Concurrent resolution (Rept. No. 107–322). amend title 38, United States Code, to welcoming Her Majesty Queen Sirikit of By Mr. HOLLINGS, from the Committee revise and improve employment, train- Thailand upon her arrival in the United on Commerce, Science, and Transportation, ing and placement services furnished to States. with an amendment in the nature of a sub- veterans, and for other purposes. H. Con. Res. 502. Concurrent resolution ex- stitute: pressing the sense of the Congress in support S. 2550: A bill to amend the Professional The message also announced that the of Breast Cancer Awareness Month, and for Boxing Safety Act of 1996, and to establish House has passed the following bill, other purposes. the United States Boxing Administration. with an amendment: f (Rept. No. 107–323). S. 1533. An act to amend the Public Health f Service Act to reauthorize and strengthen ENROLLED BILLS PRESENTED the health centers program and the National The Secretary of the Senate reported EXECUTIVE REPORTS OF Health Service Corps, and to establish the that on today, October 17, 2002, she had COMMITTEE Healthy Communities Access Program, presented to the President of the The following executive reports of which will help coordinate services for the uninsured and underinsured, and for other United States the following enrolled committee were submitted: purposes. bills: By Mr. BIDEN, from the Committee on The message further announced that S. 1339. An act to amend the Bring Them Foreign Relations: the House has passed the following Home Alive Act of 2000 to provide an asylum [Treaty Doc. 107–15 Treaty with Honduras program with regard to American Persian bills, each without amendment: for Return of Stolen, Robbed, and Embez- Gulf War POW/MIAs, and for other purposes. zled Vehicles and Aircraft, with Annexes S. 1210. An act to reauthorize the Native S. 2558. An act to amend the Public Health and Exchange of Notes (Exec. Rept. No. American Housing Assistance and Self-De- Service Act to provide for the collection of 107–11)] termination Act of 1996. data on benign brain-related tumors through EXT OF THE COMMITTEE RECOMMENDED S. 1227. An act to authorize the Secretary T the national program of cancer registries. RESOLUTION OF ADVICE AND CONSENT of the Interior to conduct a study of the suit- ability and feasibility of establishing the Ni- f Resolved (two-thirds of the Senators present agara Falls National Heritage Area in the EXECUTIVE AND OTHER concurring therein), That the Senate advise State of New York, and for other purposes. COMMUNICATIONS and consent to the ratification of the Treaty S. 1270. An act to designate the United between the Government of the United States courthouse to be constructed at 8th The following communication was States of America and the Government of Avenue and Mill Street in Eugene, Oregon, laid before the Senate, together with the Republic of Honduras for the Return of as the ‘‘Wayne Lyman Morse United States accompanying papers, reports, and doc- Stolen, Robbed, or Embezzled Vehicles and Courthouse.’’ uments, which was referred as indi- Aircraft, with Annexes and a related ex- S. 1646. An act to identify certain routes in cated: change of notes, signed at Tegucigalpa on the States of Texas, Oklahoma, Colorado, EC–9394. A communication from the Chief November 23, 2001 (Treaty Doc. 107–15). and New Mexico as part of the Ports-to- Judge, Superior Court of the District of Co- [Treaty Doc. 107–6 Extradition Treaty with Plains Corridor, a high priority corridor on lumbia, transmitting, pursuant to law, the Peru (Exec. Rept. No. 107–12)] the National Highway System. Family Court Transition Plan Progress Re- TEXT OF THE COMMITTEE RECOMMENDED The message also announced that the port; to the Committee on Governmental Af- RESOLUTION OF ADVICE AND CONSENT House has passed the following bills, in fairs. Resolved (two-thirds of the Senators present which it requests the concurrence of f concurring therein), the Senate: PETITIONS AND MEMORIALS Section 1. Advice and Consent to Ratifica- H.R. 2155. An act to amend title 18, United tion of the Extradition Treaty with Peru, States Code, to make it illegal to operate a The following petitions and memo- subject to an understanding and a condition. motor vehicle with a drug or alcohol in the rials were laid before the Senate and The Senate advises and consents to the body of the driver at a land border port of were referred or ordered to lie on the ratification of the Extradition Treaty Be- entry, and for other purposes. table as indicated: tween the United States of America and the Republic of Peru, signed at Lima on July 26, H.R. 5596. An act to amend section 527 of POM–358. A resolution adopted by the the Internal Revenue Code of 1986 to elimi- 2001 (Treaty Doc. 107–6; in this resolution re- Township Committee of the Township of ferred to as the ‘‘Treaty’’), subject to the un- nate notification and return requirements Franklin, County of Warren, State of New for State and local party committees and derstanding in section 2 and the condition in Jersey relative to the Pledge of Allegiance; section 3. candidate committees and avoid duplicate to the Committee on the Judiciary. reporting by certain State and local political Section 2. Understanding. POM–359. A resolution adopted by the The advice and consent of the Senate committees of information required to be re- Township of Jackson, State of New Jersey ported and made publicly available under under section 1 is subject to the following relative to the Pledge of Allegiance; to the understanding, which shall be included in State law, and for other purposes. Committee on the Judiciary. H.R. 5640. An act to amend title 5, United the instrument of ratification: States Code, to ensure that the right of Fed- f PROHIBITION OF EXTRADITION TO THE INTER- eral employees to display the flag of the REPORTS OF COMMITTEES NATIONAL CRIMINAL COURT.—The United United States not be abridged. States understands that the protections con- H.R. 5647. An act to authorize the duration The following reports of committees tained in Article XIII concerning the Rule of of the base contract of the Navy-Marine were submitted: Speciality would preclude the resurrender of Corps Intranet contract to be more than five By Mr. JEFFORDS, from the Committee any person extradited to the Republic of years but not more than seven years. on Environment and Public Works, with an Peru from the United States to the Inter- The message further announced that amendment in the nature of a substitute: national Criminal Court, unless the United S. 606: A bill to provide additional author- States consents to such resurrender; and the the House has agreed to the following ity to the Office of Ombudsman of the Envi- United States shall not consent to any such concurrent resolutions, in which it re- ronmental Protection Agency. (Rept. No. resurrender unless the Statute establishing quests the concurrence of the Senate: 107–320). that Court has entered into force for the H. Con. Res. 349. Concurrent resolution By Mr. INOUYE, from the Committee on United States by and with the advice and calling for effective measures to end the sex- Indian Affairs, with an amendment in the consent of the Senate in accordance with Ar- ual exploitation of refugees. nature of a substitute: ticle II, section 2 of the United States Con- H. Con. Res. 437. Concurrent resolution rec- S. 2018: A bill to establish the T’uf Shur stitution. ognizing the Republic of Turkey for its co- Bien Preservation Trust Area within the Section 3. Condition. operation in the campaign against global Cibola National Forest in the State of New The advice and consent of the Senate terrorism, for its commitment of forces and Mexico to resolve a land claim involving the under section 1 is subject to the condition assistance to Operation Enduring Freedom Sandia Mountain Wilderness, and for other that nothing in the Treaty requires or au- and subsequent missions in Afghanistan, and purposes. (Rept. No. 107–321). thorizes legislation or other action by the

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 17, 2002 CONGRESSIONAL RECORD — SENATE S10675 United States that is prohibited by the Con- (1) Limitation on Assistance.—Pursuant to The advice and consent of the Senate stitution of the United States as interpreted the right of the United States under the under section 1 is subject to the following by the United States. Treaty to deny legal assistance that would understanding, which shall be included in Treaty Doc. 107–4 Extradition Treaty with prejudice the essential public policy or inter- the instrument of ratification: Lithuania (Exec. Rept. No. 107–13)] ests of the United States, the United States Prohibition on Assistance to the Inter- TEXT OF THE COMMITTEE RECOMMENDED shall deny any request for such assistance if national Criminal Court.—The United States RESOLUTION OF ADVICE AND CONSENT the Central Authority of the United States shall exercise its rights to limit the use of (as designated in Article 2(2) of the Treaty), assistance that it provides under the Treaty Resolved (two-thirds of the Senators present after consultation with all appropriate intel- so that any assistance provided by the Gov- concurring therein), Section 1. Advice and Consent to Ratifica- ligence, anti-narcotic, and foreign policy ernment of the United States shall not be tion of the Extradition Treaty with Lith- agencies, has specific information that a sen- transferred to or otherwise used to assist the uania, subject to a condition. ior Government official of the requesting International Criminal Court unless the The Senate advises and consents to the party who will have access to information to treaty establishing the Court has entered ratification of the Extradition Treaty Be- be provided as part of such assistance is en- into force for the United States by and with tween the Government of the United States gaged in a felony, including the facilitation the advice of the Senate in accordance with of America and the Government of the Re- of the production or distribution of illegal Article II, Section 2 of the United States public of Lithuania, signed at Vilnius on Oc- drugs. Constitution, or unless the President has tober 23, 2001 (Treaty Doc. 107–4; in this reso- (2) Supremacy of the Constitution.—Noth- waived any applicable prohibition on provi- lution referred to as the ‘‘Treaty’’), subject ing in the Treaty requires or authorizes leg- sion of such assistance in accordance with to the condition in section 2. islation or other action by the United States applicable United States law. Section 2. Condition. that is prohibited by the Constitution of the [Treaty Doc. 107–16 Treaty with Liech- The advice and consent of the Senate United States as interpreted by the United tenstein on Mutual Legal Assistance in under section 1 is subject to the condition States. Criminal Matters (Exec. Rept. No. 107–15)] that nothing in the Treaty requires or au- [Treaty Doc. 107–3 Treaty with India on Mu- TEXT OF THE COMMITTEE RECOMMENDED thorizes legislation or other action by the tual Legal Assistance In Criminal Matters RESOLUTION OF ADVICE AND CONSENT United States that is prohibited by the Con- (Exec. Rept. No. 107–15)] Resolved (two-thirds of the Senators present stitution of the United States as interpreted TEXT OF THE COMMITTEE RECOMMENDED concurring therein), by the United States. RESOLUTION OF ADVICE AND CONSENT Section 1. Advice and Consent to Ratifica- [Treaty Doc. 107–11 Second Protocol Resolved (two-thirds of the Senators present tion of the Treaty with Liechtenstein on Mu- Amending Extradition Treaty with Canada concurring therein), tual Legal Assistance in Criminal Matters, (Exec. Rept. No. 107–14)] Section 1. Advice and Consent to Ratifica- subject to an understanding and conditions. TEXT OF THE COMMITTEE RECOMMENDED tion of the Treaty with India on Mutual The Senate advises and consents to the RESOLUTION OF ADVICE AND CONSENT Legal Assistance in Criminal Matters, sub- ratification of the Treaty Between the Gov- Resolved (two-thirds of the Senators present ject to an understanding and conditions. ernment of the United States of America and concurring therein), That the Senate advise The Senate advises and consents to the the Principality of Liechtenstein on Mutual and consent to the ratification of the Second ratification of the Treaty Between the Gov- Legal Assistance in Criminal Matters, and a Protocol Amending the Treaty on Extra- ernment of the United States of America and related exchange of notes, signed at Vaduz dition Between the Government of the the Government of the Republic of India on on July 8, 2002 (Treaty Doc. 107–16; in this United States of America and the Govern- Mutual Legal Assistance in Criminal Mat- resolution referred to as the ‘‘Treaty’’), sub- ment of Canada, signed at Ottawa on Janu- ters, signed at New Delhi on October 17, 2001 ject to the understanding in section 2 and ary 12, 2001 (Treaty Doc. 107–11). (Treaty Doc. 107–3; in this resolution referred the conditions in section 3. [Treaty Doc. 107–13 Treaty with Belize on to as the ‘‘Treaty’’), subject to the under- Section 2. Understanding. Mutual Legal Assistance in Criminal Mat- standing in section 2 and the conditions in The advice and consent of the Senate ters (Exec. Rept. No. 107–15)] section 3. under section 1 is subject to the following TEXT OF THE COMMITTEE RECOMMENDED Section 2. Understanding. understanding, which shall be included in RESOLUTION OF ADVICE AND CONSENT The advice and consent of the Senate the instrument of ratification: Prohibition on Assistance to the Inter- Resolved (two-thirds of the Senators present under section 1 is subject to the following national Criminal Court—The United States concurring therein), understanding, which shall be included in shall exercise its rights to limit the use of Section 1. Advice and Consent to Ratifica- the instrument of ratification: assistance that it provides under the Treaty tion of the Treaty with Belize on Mutual Prohibition on Assistance to the Inter- so that any assistance provided by the Gov- Legal Assistance in Criminal Matters, sub- national Criminal Court.—The United States ernment of the United States shall not be ject to an understanding and conditions. shall exercise its rights to limit the use of The Senate advises and consents to the assistance that it provides under the Treaty transferred to or otherwise used to assist the ratification of the Treaty Between the Gov- so that any assistance provided by the Gov- International Criminal Court unless the ernment of the United States of America and ernment of the United States shall not be treaty establishing the Court has entered the Government of Belize on Mutual Legal transferred to or otherwise used to assist the into force for the United States by and with Assistance in Criminal Matters, signed at International Criminal Court unless the the advice of the Senate in accordance with Belize, on September 19, 2000, and a related treaty establishing the Court has entered Article II, Section 2 of the United States exchange of notes (Treaty Doc. 107–13; in this into force for the United States by and with Constitution, or unless the President has resolution referred to as the ‘‘Treaty’’), sub- the advice of the Senate in accordance with waived any applicable prohibition on provi- ject to the understanding in section 2 and Article II, Section 2 of the United States sion of such assistance in accordance with the conditions in section 3. Constitution, or unless the President has applicable United States law. Section 2. Understanding. waived any applicable prohibition on provi- Section 3. Conditions. The advice and consent of the Senate sion of such assistance in accordance with The advice and consent of the Senate under section 1 is subject to the following applicable United States law. under section 1 is subject to the following conditions: understanding, which shall be included in [Treaty Doc. 107–9 Treaty with Ireland on (1) Limitation on Assistance.—Pursuant to the instrument of ratification: Mutual Legal Assistance in Criminal Mat- the right of the United States under the PROHIBITION ON ASSISTANCE TO THE INTER- ters (Exec. Rept. No. 107–15)] NATIONAL CRIMINAL COURT.—The United Treaty to deny legal assistance that would States shall exercise its rights to limit the TEXT OF THE COMMITTEE RECOMMENDED prejudice the essential public policy or inter- use of assistance that it provides under the RESOLUTION OF ADVICE AND CONSENT ests of the United States, the United States Treaty so that any assistance provided by Resolved (two-thirds of the Senators present shall deny any request for such assistance if the Government of the United States shall concurring therein), the Central Authority of the United States not be transferred to or otherwise used to as- Section 1. Advice and Consent to Ratifica- (as designated in Article 2(2) of the Treaty), sist the International Criminal Court unless tion of the Treaty with Ireland on Mutual after consultation with all appropriate intel- the treaty establishing the Court has entered Legal Assistance in Criminal Matters, sub- ligence, anti-narcotic, and foreign policy into force for the United States by and with ject to an understanding and conditions. agencies, has specific information that a sen- the advice of the Senate in accordance with The Senate advises and consents to the ior Government official of the requesting Article II, Section 2 of the United States ratification of the Treaty Between the Gov- party who will have access to information to Constitution, or unless the President has ernment of the United States of America and be provided as part of such assistance is en- waived any applicable prohibition on provi- the Government of Ireland on Mutual Legal gaged in a felony, including the facilitation sion of such assistance in accordance with Assistance in Criminal Matters, signed at of the production or distribution of illegal applicable United States law. Washington on January 18, 2001 (Treaty Doc. drugs. Section 3. Conditions. 107–9; in this resolution referred to as the (2) Supremacy of the Constitution.—Noth- The advice and consent of the Senate ‘‘Treaty’’), subject to the understanding in ing in the Treaty requires or authorizes leg- under section 1 is subject to the following section 2 and the conditions in section 3. islation or other action by the United States conditions: Section 2. Understanding. that is prohibited by the Constitution of the

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10676 CONGRESSIONAL RECORD — SENATE October 17, 2002 United States as interpreted by the United ing April 27, 2005, vice Ross Edward By Mr. BAUCUS (for himself, Mr. States. Eisenbrey. CRAPO, and Mr. CRAIG): NOMINATIONS DISCHARGED NATIONAL LABOR RELATIONS BOARD S. 3133. A bill to amend the Internal Rev- enue Code of 1986 to make funding available The following nominations were dis- Robert J. Battista, of Michigan, to be a to carry out the Maximum Economic Growth Member of the National Labor Relations charged from the Committee on for America Through Highway Funding Act; Board for the term of five years expiring De- Health, Education, Labor, and Pension to the Committee on Finance. cember 16, 2007, vice Wilma B. Liebman, term pursuant to the order of October 17, By Mr. BAUCUS (for himself, Mr. expiring. 2002 and placed on the Executive Cal- Wilma B. Liebman, of the District of Co- CRAPO, and Mr. CRAIG): S. 3134. A bill to amend titles 23 and 49, endar. lumbia, to be a Member of the National United States Code, to encourage economic NATIONAL FOUNDATION ON THE ARTS AND THE Labor Relations Board for the term of five growth in the United States by increasing HUMANITIES years expiring August 27, 2006, vice Peter J. transportation investments in rural areas, Hurtgen. David Gelenter, of Connecticut, to be a and for other purposes; to the Committee on Member of the National Council on the Arts Peter Schaumber, of the District of Colum- bia, to be a Member of the National Labor Environment and Public Works. for a term expiring September 3, 2006, vice By Mr. CARPER (for himself, Mr. Hsin-Ming Fung. Relations Board for the term of five years expiring August 27, 2005, vice Joseph Robert CHAFEE, Mr. BREAUX, and Mr. BAU- NATIONAL INSTITUTE FOR LITERACY Brame, III, term expired. CUS): Juan R. Olivarez, of Michigan, to be a S. 3135. A bill to amend the Clean Air Act Member of the National Institute for Lit- The following nomination was dis- to establish a national uniform multiple air eracy Advisory Board for a term of one year. charged from the Committee on pollutant regulatory program for the electric (New Position) Health, Education, Labor and Pensions generating sector; to the Committee on En- Carol C. Gambill, of Tennessee, to be a pursuant to the order of October 17, vironment and Public Works. Member of the National Institute for Lit- 2002 and further referred to the Com- By Mr. BAUCUS: eracy Advisory Board for a term of three mittee on Governmental Affairs for not S. 3136. A bill to establish a trust fund for the purpose of making medical benefit pay- years. (New Position) more than 20 days: NATIONAL COUNCIL ON DISABILITY ments to current and former residents of DEPARTMENT OF EDUCATION Libby, Montana; to the Committee on Envi- Joel Kahn, of Ohio, to be a Member of the John Portman Higgins, of Virginia, to be ronment and Public Works. National Council on Disability for a term ex- Inspector General, Department of Education, By Mr. LEAHY: piring September 17, 2004, vice Dave Nolan vice Lorraine Pratte Lewis, resigned. S. 3137. A bill to provide remedies for retal- Brown, term expired. iation against whistleblowers making con- Patricia Pound, of Texas, to be a Member INTRODUCTION OF BILLS AND gressional disclosures; to the Committee on of the National Council on Disability for a JOINT RESOLUTIONS Governmental Affairs. term expiring September 17, 2005. (Re- The following bills and joint resolu- By Mr. DOMENICI: appointment) S. 3138. A bill to authorize the Secretary of Linda Wetters, of Ohio, to be a Member of tions were introduced, read the first and second times by unanimous con- the Interior, in cooperation with the Univer- the National Council on Disability for a term sity of New Mexico, to construct and occupy expiring September 17, 2003, vice Gerald S. sent, and referred as indicated: a portion of the Hibben Center for Archae- Segal. By Mr. REED (for himself and Mr. ological Research at the University of New BARRY GOLDWATER SCHOLARSHIP & FITZGERALD): Mexico, and for other purposes; to the Com- EXCELLENCE IN EDUCATION FOUNDATION S. 3127. A bill to amend the Safe Drinking mittee on Energy and Natural Resources. Peggy Goldwater-Clay, of California, to be Water Act to provide assistance to States to By Mr. SESSIONS (for himself, Mr. a Member of the Board of Trustee of the support testing of private wells in areas of GRASSLEY, and Mr. LEAHY): Barry Goldwater Scholarship and Excellence suspected contamination to limit or prevent S. 3139. A bill to provide a right to be heard in Education Foundation for a term expiring human exposure to contaminated ground- for participants and beneficiaries of an em- June 5, 2006. (Reappointment) water; to the Committee on Environment ployee pension benefit plan of a debtor in and Public Works. NATIONAL MUSEUM SERVICES BOARD order to protect pensions of those employees By Mr. VOINOVICH (for himself and and retirees; to the Committee on the Judi- Judith Ann Rapanos, of Michigan, to be a Mr. DEWINE): ciary. Member of the National Museum Services S. 3128. A bill to authorize the Pyramid of By Mr. DODD (for himself and Ms. COL- Board for a term expiring December 6, 2002, Remembrance Foundation to establish a me- LINS): vice Kinshasha Holman Conwill, term ex- morial in the District of Columbia and its S. 3140. A bill to assist law enforcement in pired. environs to honor members of the Armed their efforts to recover missing children and Judity Ann Rapanos, of Michigan, to be a Forces of the United States who have lost to clarify the standards for State sex of- Member of the National Museum Services their lives during peacekeeping operations, fender registration programs; to the Com- Board for a term expiring December 6, 2007. humanitarian efforts, training, terrorist at- mittee on the Judiciary. (Reappointment) tacks, or covert operations; to the Com- By Mr. DODD (for himself, Mr. KEN- Beth Walkup, of Arizona, to be a Member mittee on Energy and Natural Resources. NEDY, Mrs. MURRAY, Mrs. BOXER, Mr. of the National Museum Services Board for a By Mr. CRAPO: INOUYE, Mr. AKAKA, and Mr. term expiring December 6, 2003, vice Robert S. 3129. A bill to permit the Secretary of CORZINE): G. Breunig, term expired. the Interior to enter certain leases for fire S. 3141. A bill to amend the Family and Nancy S. Dwight, of New Hampshire, to be capitalization improvements; to the Com- Medical Leave Act of 1993 to expand the a Member of the National Museum Services mittee on Energy and Natural Resources. scope of the Act, and for other purposes; to Board for a term expiring December 6, 2005, By Mr. DURBIN (for himself and Mr. the Committee on Health, Education, Labor, vice Ayse Manyas Kenmore, term expired. GREGG): and Pensions. A. Wilson Greene, of Virginia, to be a S. 3130. A bill to amend the Federal Food, By Mr. WELLSTONE (for himself, Mr. Member of the National Museum Services Drug, and Cosmetic Act to add requirements BINGAMAN, and Mrs. LINCOLN): Board for a term expiring December 6, 2004, regarding device reprocessing and reuse; to S. 3142. A bill to amend title XIX of the So- vice Charles Hummel, term expired. the Committee on Health, Education, Labor, cial Security Act to require drug manufac- Maria Mercedes Guillemard, of Puerto and Pensions. turers to pay rebates to State prescription Rico, to be a Member of the National Mu- By Mr. VOINOVICH (for himself and drug discount programs as a condition of seum Services Board for a term expiring De- Mr. FEINGOLD): participation in a rebate agreement for out- cember 6, 2005, vice Lisa A. Hembry, term ex- S. 3131. A bill to balance the budget and patient prescription drugs under the med- pired. protect the Social Security Trust Fund sur- icaid program, to provide increased rebate Peter Hero, of California, to be a Member pluses; to the Committee on the Budget and payments to State medicaid programs, and of the National Museum Services Board for a the Committee on Governmental Affairs, for other purposes; to the Committee on Fi- term expiring December 6, 2006, vice Alice jointly, pursuant to the order of August 4, nance. Rae Yelen, term expired. 1977, with instructions that if one Committee Thomas E. Lorentzen, of California, to be a By Mr. WELLSTONE: reports, the other Committee have thirty S. 3143. A bill to provide for the establish- Member of the National Museum Services days to report or be discharged. ment of the Consumer and Shareholder Pro- Board for a term expiring December 6, 2006, By Mr. BAUCUS (for himself, Mr. tection Association, and for other purposes; vice Philip Frost, term expired. CRAPO, and Mr. CRAIG): to the Committee on Commerce, Science, OCCUPATIONAL SAFETY AND HEALTH REVIEW S. 3132. A bill to improve the economy and and Transportation. COMMISSION the quality of life for all citizens by author- By Mrs. LINCOLN: James M. Stephens, of Virginia, to be a izing funds for Federal-aid highways, and for S. 3144. A bill to amend title XVI of the So- Member of the Occupational Safety and other purposes; to the Committee on Envi- cial Security Act to clarify that the value of Health Review Commission for a term expir- ronment and Public Works. certain funeral and burial arrangements are

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 17, 2002 CONGRESSIONAL RECORD — SENATE S10677 not to be considered available resources Jackson-Vanik Amendment, and reaffirming (Ms. MIKULSKI) was added as a cospon- under the supplemental security income pro- the commitment of the Senate to combat sor of S. 1244, a bill to amend titles XIX gram; to the Committee on Finance. human rights violations worldwide; to the and XXI of the Social Security Act to By Mr. DODD (for himself, Mr. Committee on Foreign Relations. provide for FamilyCare coverage for EDWARDS, and Mr. DEWINE): By Mr. DODD: S. 3145. A bill to amend the Higher Edu- S. Res. 349. A resolution to authorize the parents of enrolled children, and for cation Act of 1965 to establish a scholarship printing of a revised edition of the Senate other purposes. program to encourage and support students Rules and Manual; considered and agreed to. S. 1291 who have contributed substantial public By Mrs. FEINSTEIN: At the request of Mr. HATCH, the services; to the Committee on Health, Edu- S. Res. 350. A resolution expressing sym- name of the Senator from California pathy for those murdered and injured in the cation, Labor, and Pensions. (Mrs. BOXER) was added as a cosponsor terrorist attack in Bali, Indonesia, on Octo- By Mr. LEAHY (for himself and Mrs. of S. 1291, a bill to amend the Illegal CARNAHAN): ber 12, 2002, extending condolences to their S. 3146. A bill to reauthorize funding for families, and standing in solidarity with Immigration Reform and Immigrant the National Center for Missing and Ex- Australia in the fight against terrorism; con- Responsibility Act of 1996 to permit ploited Children, and for other purposes; to sidered and agreed to. States to determine State residency for the Committee on the Judiciary. By Mrs. BOXER (for herself and Mr. higher education purposes and to au- By Mr. DEWINE (for himself, Mr. BROWNBACK): thorize the cancellation of removal and LEAHY, Mr. GRASSLEY, Ms. CANT- S. Res. 351. A resolution condemning the adjustment of status of certain alien WELL, Mr. BROWNBACK, and Mr. posting on the Internet of video and pictures of the murder of Daniel Pearl and calling on college-bound students who are long DOMENICI): term United States residents. S. 3147. A bill to foster local collaborations such video and pictures to be removed imme- which will ensure that resources are effec- diately; considered and agreed to. S. 2268 tively and efficiently used within the crimi- By Mr. DASCHLE (for himself and Mr. At the request of Mr. MILLER, the nal and juvenile justice systems; to the Com- LOTT): name of the Senator from Maine (Ms. S. Res. 352. A resolution to authorize rep- mittee on the Judiciary. COLLINS) was added as a cosponsor of S. By Mr. LIEBERMAN (for himself and resentation by the Senate Legal Counsel in the case of Judicial Watch, Inc. v. William 2268, a bill to amend the Act estab- Mr. HATCH): lishing the Department of Commerce S. 3148. A bill to provide incentives to in- Jefferson Clinton, et al; considered and agreed to. to protect manufacturers and sellers in crease research by private sector entities to the firearms and ammunition industry develop antivirals, antibiotics and other By Mr. DASCHLE (for himself and Mr. drugs, vaccines, microbicides, and diagnostic LOTT): from restrictions on interstate or for- S. Res. 353. A resolution to authorize testi- technologies to prevent and treat illnesses eign commerce. mony, document production, and legal rep- associated with a biological, chemical, or ra- S. 2520 resentation in United States v. John diological weapons attack; to the Committee Murtari; considered and agreed to. At the request of Mr. HATCH, the on Finance. By Mr. CORZINE (for himself, Mrs. name of the Senator from Utah (Mr. By Mr. FRIST (for himself, Mr. LEAHY, CLINTON, and Mr. TORRICELLI): BENNETT) was added as a cosponsor of and Mr. COCHRAN): S. Con. Res. 154. A concurrent resolution S. 2520, a bill to amend title 18, United S. 3149. A bill to provide authority for the expressing the sense of the Congress that a Smithsonian Institution to use voluntary States Code, with respect to the sexual commemorative postage stamp should be exploitation of children. separation incentives for personnel flexi- issued honoring Gunnery Sergeant John S. 2626 bility, and for other purposes; considered and Basilone, a great American hero; to the Com- passed. mittee on Governmental Affairs. At the request of Mr. KENNEDY, the By Mr. MCCAIN: name of the Senator from Pennsyl- f S.J. Res. 50. A joint resolution expressing vania (Mr. SPECTER) was added as a co- the sense of the Senate with respect to ADDITIONAL COSPONSORS sponsor of S. 2626, a bill to protect the human rights in Central Asia; to the Com- mittee on Foreign Relations. S. 191 public health by providing the Food By Mr. WYDEN: At the request of Mr. FEINGOLD, the and Drug Administration with certain S.J. Res. 51. A resolution to recognize the name of the Senator from Michigan authority to regulate tobacco products. rights of consumers to use copyright pro- (Mr. LEVIN) was added as a cosponsor of S. 2704 tected works, and for other purposes; to the S. 191, a bill to abolish the death pen- At the request of Mr. AKAKA, his Committee on the Judiciary. alty under Federal Law. name was added as a cosponsor of S. f S. 710 2704, a bill to provide for the disclosure At the request of Mr. KENNEDY, the of information on projects of the De- SUBMISSION OF CONCURRENT AND names of the Senator from Illinois (Mr. partment of Defense, such as Project SENATE RESOLUTIONS FITZGERALD) and the Senator from Ar- 112 and the Shipboard Hazard and De- The following concurrent resolutions kansas (Mrs. LINCOLN) were added as fense Project (Project SHAD), that in- and Senate resolutions were read, and cosponsors of S. 710, a bill to require cluded testing of biological or chemical referred (or acted upon), as indicated: coverage for colorectal cancer agents involving potential exposure of By Mrs. FEINSTEIN (for herself, Mr. screenings. members of the Armed Forces to toxic HAGEL, Mr. HELMS, and Mr. NELSON S. 1054 agents, and for other purposes. of Florida): At the request of Mr. KOHL, the name S. 2748 S. Res. 345. A resolution expressing sym- of the Senator from Missouri (Mrs. At the request of Mr. CONRAD, the pathy for those murdered and injured in the terrorist attack in Bali, Indonesia, on Octo- CARNAHAN) was added as a cosponsor of name of the Senator from South Da- ber 12, 2002, extending condolences to their S. 1054, a bill to amend titles XVIII and kota (Mr. JOHNSON) was added as a co- families, and standing in solidarity with XIX of the Social Security Act to pre- sponsor of S. 2748, a bill to authorize Australia in the fight against terrorism; to vent abuse of recipients of long-term the formulation of State and regional the Committee on Foreign Relations. care services under the Medicare and emergency telehealth network testbeds By Mrs. HUTCHISON (for herself and Medicaid programs. and, within the Department of Defense, Mr. GRAMM): S. 1194 a telehealth task force. S. Res. 346. A resolution celebrating the 90th Birthday of Lady Bird Johnson; to the At the request of Mr. SPECTER, the S. 2869 Committee on the Judiciary. name of the Senator from Delaware At the request of Mr. KERRY, the By Mr. SPECTER: (Mr. CARPER) was added as a cosponsor names of the Senator from New Jersey S. Res. 347. A resolution expressing the of S. 1194, a bill to impose certain limi- (Mr. CORZINE), the Senator from Texas sense of the Senate that in order to seize tations on the receipt of out-of-State (Mrs. HUTCHISON), the Senator from unique scientific opportunities the Federal municipal solid waste, to authorize California (Mrs. FEINSTEIN), the Sen- commitment to biomedical research should State and local controls over the flow ator from New York (Mrs. CLINTON), be tripled over a ten year period beginning in of municipal solid waste, and for other the Senator from Illinois (Mr. DURBIN), 1999; to the Committee on Appropriations. By Mrs. MURRAY: purposes. the Senator from Hawaii (Mr. AKAKA), S. Res. 348. A resolution recognizing Sen- S. 1244 the Senator from Delaware (Mr. ator Henry Jackson, commemorating the At the request of Mr. KENNEDY, the BIDEN), the Senator from North Caro- 30th anniversary of the introduction of the name of the Senator from Maryland lina (Mr. HELMS), the Senator from

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10678 CONGRESSIONAL RECORD — SENATE October 17, 2002 Alaska (Mr. MURKOWSKI) and the Sen- exposed to toxic substances at Depart- Connecticut (Mr. DODD), the Senator ator from Minnesota (Mr. DAYTON) ment of Energy facilities, to provide from Michigan (Mr. LEVIN), the Sen- were added as cosponsors of S. 2869, a coverage under subtitle B of that Act ator from Washington (Ms. CANTWELL) bill to facilitate the ability of certain for certain additional individuals, to and the Senator from Missouri (Mrs. spectrum auction winners to pursue al- establish an ombudsman and otherwise CARNAHAN) were added as cosponsors of ternative measures required in the pub- reform the assistance provided to S. Res. 339, A resolution designating lic interest to meet the needs of wire- claimants under that Act, and for November 2002, as ‘‘National Runaway less telecommunications consumers. other purposes. Prevention Month’’. S. 2896 S. 3096 S. CON. RES. 136 At the request of Mrs. HUTCHISON, the At the request of Mr. KOHL, the At the request of Mr. BAUCUS, the name of the Senator from Alaska (Mr. names of the Senator from Michigan names of the Senator from South Caro- MURKOWSKI) was added as a cosponsor (Mr. LEVIN) and the Senator from New lina (Mr. HOLLINGS), the Senator from of S. 2896, a bill to enhance the oper- Jersey (Mr. CORZINE) were added as co- North Carolina (Mr. HELMS), the Sen- ation of the AMBER Alert communica- sponsors of S. 3096, a bill to amend ator from Georgia (Mr. CLELAND) and tions network in order to facilitate the chapter 44 of title 18, United States the Senator from Ohio (Mr. DEWINE) recovery of abducted children, to pro- Code, to require ballistics testing of all were added as cosponsors of S. Con. vide for enhanced notification on high- firearms manufactured and all firearms Res. 136, a concurrent resolution re- ways of alerts and information on such in custody of Federal agencies. questing the President to issue a proc- children, and for other purposes. S. 3102 lamation in observance of the 100th An- S. 2935 At the request of Mr. LEAHY, the niversary of the founding of the Inter- At the request of Ms. LANDRIEU, the name of the Senator from Connecticut national Association of Fish and Wild- name of the Senator from New York (Mr. DODD) was added as a cosponsor of life Agencies. (Mrs. CLINTON) was added as a cospon- S. 3102, a bill to amend the Commu- f sor of S. 2935, a bill to amend the Pub- nications Act of 1934 to clarify and re- STATEMENTS ON INTRODUCED lic Health Service Act to provide affirm State and local authority to reg- BILLS AND JOINT RESOLUTIONS grants for the operation of mosquito ulate the placement, construction, and control programs to prevent and con- modification of broadcast transmission By Mr. REED (for himself and trol mosquito-borne diseases. facilities, and for other purposes. Mr. FITZGERALD): S. 3127. A bill to amend the Safe S. 3018 S. 3103 Drinking Water Act to provide assist- At the request of Mr. BAUCUS, the At the request of Mr. LEAHY, the ance to States to support testing of names of the Senator from Utah (Mr. name of the Senator from Connecticut private wells in areas of suspected con- HATCH), the Senator from Minnesota (Mr. DODD) was added as a cosponsor of tamination to limit or prevent human (Mr. WELLSTONE) and the Senator from S. 3103, a bill to amend the Commu- exposure to contaminated ground- New York (Mr. SCHUMER) were added as nications Act of 1934 to clarify and re- water; to the Committee on Environ- cosponsors of S. 3018, a bill to amend affirm State and local authority to reg- ment and Public Works. title XVIII of the Social Security Act ulate the placement, construction, and Mr. REED. Mr. President, today I am to enhance beneficiary access to qual- modification of personal wireless serv- proud to be joined by my colleague ity health care services under the ices facilities, and for other purposes. Senator FITZGERALD in introducing the medicare program, and for other pur- S. 3105 Private Well Testing Assistance Act of poses. At the request of Mr. FRIST, the 2002. This legislation seeks to protect S. 3031 name of the Senator from Pennsyl- the health of our Nation’s rural fami- At the request of Mr. THOMAS, his vania (Mr. SPECTER) was added as a co- lies by providing Federal assistance to name was added as a cosponsor of S. sponsor of S. 3105, a bill to amend the State health and environmental agen- 3031, a bill to amend title 23, United Public Health Service Act to provide cies for sampling of drinking water States Code, to reduce delays in the de- grants for the operation of enhanced wells near suspected areas of ground- velopment of highway and transit mosquito control programs to prevent water contamination. projects, and for other purposes. and control mosquito-borne diseases. More than 15.1 million households are S. 3031 S. 3126 served by private drinking water wells At the request of Mr. ENZI, his name At the request of Mr. KERRY, the in the United States. At times, these was added as a cosponsor of S. 3031, name of the Senator from Colorado wells are affected by serious ground- supra. (Mr. ALLARD) was added as a cosponsor water contaminants, including industrial solvents, petroleum, nitrates, S. 3031 of S. 3126, a bill to amend the Internal radon, arsenic, beryllium, chloroform, At the request of Mr. BUNNING, his Revenue Code of 1986 to allow an in- and gasoline additives such as MTBE. name was added as a cosponsor of S. come tax credit for the provision of While private well owners generally 3031, supra. homeownership and community development, and for other purposes. are responsible for regular testing of S. 3034 drinking water wells, cases of serious S.J. RES. 49 At the request of Mr. JOHNSON, the or potentially widespread groundwater At the request of Mr. AKAKA, the name of the Senator from Georgia (Mr. contamination often require State name of the Senator from Nevada (Mr. MILLER) was added as a cosponsor of S. agencies to conduct costly tests on nu- REID) was added as a cosponsor of S.J. 3034, a bill to facilitate check trunca- merous wells. Many of these sites are Res. 49, a joint resolution recognizing tion by authorizing substitute checks, included in the Environmental Protec- the contributions of Patsy Takemoto to foster innovation in the check col- tion Agency’s Comprehensive Environ- Mink. lection system without mandating re- mental Response, Compensation, and ceipt of checks in electronic form, and S. RES. 334 Liability Information System, or to improve the overall efficiency of the At the request of Mrs. CLINTON, the CERCLIS, for which Federal funding is Nation’s payments system, and for names of the Senator from Ohio (Mr. available for initial site assessments, other purposes. DEWINE), the Senator from New Mexico but not for subsequent regular sam- S. 3058 (Mr. DOMENICI) and the Senator from pling to ensure that contaminants have At the request of Mr. BINGAMAN, the Michigan (Mr. LEVIN) were added as co- not migrated to additional household name of the Senator from Connecticut sponsors of S. Res. 334, a resolution wells. (Mr. DODD) was added as a cosponsor of recognizing the Ellis Island Medal of With many State budgets across the S. 3058, a bill to amend the Energy Em- Honor. country in fiscal crisis, State govern- ployees Occupational Illness Com- S. RES. 339 ments often do not have the resources pensation Program Act of 2000 to pro- At the request of Mrs. MURRAY, the to provide regular, reliable testing of vide benefits for contractor employees names of the Senator from Massachu- wells in proximity to suspected areas of the Department of Energy who were setts (Mr. KENNEDY), the Senator from of contamination. By authorizing EPA

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 17, 2002 CONGRESSIONAL RECORD — SENATE S10679 to provide up to $20 million per year to ronmental Protection Agency, acting in con- ‘‘(A) IN GENERAL.—The Federal share of the assist State well testing programs, sub- sultation with appropriate State agencies. cost of any test described in paragraph (1) ject to a 20 percent State match, the ‘‘(2) AREA OF CONCERN.—The term ‘area of shall not exceed 80 percent. Private Well Testing Assistance Act concern’ means a geographic area in a State ‘‘(B) NON-FEDERAL SHARE.—The non-Fed- the groundwater of which may, as deter- eral share of the cost of any test described in will create an incentive for states to mined by the State— paragraph (1) may be provided in cash or in improve well monitoring near both new ‘‘(A) be contaminated or threatened by a kind. and existing areas of groundwater con- release of 1 or more substances of concern; ‘‘(g) NUMBER AND FREQUENCY OF TESTS.— tamination. and ‘‘(1) IN GENERAL.—Subject to paragraph (2), I urge my colleagues to help ensure ‘‘(B) present a serious threat to human in determining the number and frequency of the health and safety of American fam- health. tests to be conducted under this section with ilies that rely on groundwater for their ‘‘(3) HAZARDOUS SUBSTANCE.—The term respect to any private well in an area of con- ‘hazardous substance’ has the meaning given cern, a State shall take into consideration— drinking water needs by supporting ‘‘(A) typical and potential seasonal vari- this legislation. the term in section 101 of the Comprehensive Environmental Response, Compensation, and ations in groundwater levels; and I ask unanimous consent that the Liability Act of 1980 (42 U.S.C. 9601). ‘‘(B) resulting fluctuations in contamina- text of the bill be printed in the ‘‘(4) POLLUTANT OR CONTAMINANT.—The tion levels. RECORD. term ‘pollutant or contaminant’ has the ‘‘(2) LIMITATION.—Except in a case in which There being no objection, the bill was meaning given the term in section 101 of the at least 2 years have elapsed since the last ordered to be printed in the RECORD, as Comprehensive Environmental Response, date on which a private well was tested using follows: Compensation, and Liability Act of 1980 (42 funds provided under this section, no funds U.S.C. 9601). provided under this section may be used to S. 3127 test any private well— Be it enacted by the Senate and House of Rep- ‘‘(5) SUBSTANCE OF CONCERN.—The term ‘substance of concern’ means— ‘‘(A) more than 4 times; or resentatives of the United States of America in ‘‘(B) on or after the date that is 1 year Congress assembled, ‘‘(A) a hazardous substance; ‘‘(B) a pollutant or contaminant; after the date on which the well is first test- SECTION 1. SHORT TITLE. ‘‘(C) petroleum (including crude oil and ed. This Act may be cited as the ‘‘Private Well ‘‘(h) OTHER ASSISTANCE.—Assistance pro- any fraction of crude oil); Testing Assistance Act’’. vided to test private wells under this section ‘‘(D) methyl tertiary butyl ether; and SEC. 2. ASSISTANCE FOR TESTING OF PRIVATE shall be in addition to any assistance pro- ‘‘(E) such other naturally-occurring or WELLS. vided for a similar purpose under this Act or Part E of the Safe Drinking Water Act (42 other substances (including arsenic, beryl- any other Federal law. U.S.C. 300j et seq.) is amended by adding at lium, and chloroform) as the Administrator, ‘‘(i) REPORT.—Not later than 1 year after the end the following: in consultation with appropriate State agen- the date of enactment of this section, the cies, may identify by regulation. ‘‘SEC. 1459. ASSISTANCE FOR TESTING OF PRI- Administrator, in cooperation with the Na- VATE WELLS. ‘‘(c) ESTABLISHMENT OF PROGRAM.—Not tional Ground Water Association, shall sub- ‘‘(a) FINDINGS.—Congress finds that— later than 90 days after the date of enact- mit to Congress a report that describes the ‘‘(1) more than 15,100,000 households in the ment of this section, the Administrator shall progress made in carrying out this section. United States are served by private drinking establish a program to provide funds to each ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— water wells; State for use in testing private wells in the ‘‘(1) IN GENERAL.—There is authorized to be ‘‘(2) while private well owners generally State. appropriated to carry out this section are responsible for regular testing of drink- ‘‘(d) DETERMINATION OF AREAS OF CON- $20,000,000 for each of fiscal years 2003 ing water wells for the presence of contami- CERN.—Not later than 30 days after the date through 2006, to remain available until ex- nants, cases of serious or potentially wide- of enactment of this section, the Adminis- pended. spread groundwater contamination often re- trator shall promulgate regulations that de- ‘‘(2) MINIMUM ALLOCATION.—The Adminis- quire State health and environmental agen- scribe criteria to be used by a State in deter- trator shall ensure that, for each fiscal year, cies to conduct costly tests on numerous mining whether an area in the State is an each State receives not less than 0.25 percent drinking water well sites; area of concern, including a definition of the of the amount made available under para- ‘‘(3) many of those sites are included in the term ‘threat to human health’. graph (1) for the fiscal year.’’. Comprehensive Environmental Response, ‘‘(e) APPLICATION PROCESS.— Compensation, and Liability Information ‘‘(1) IN GENERAL.—A State that seeks to re- By Mr. VOINOVICH (for himself System of the Environmental Protection ceive funds under this section shall submit and Mr. DEWINE): Agency, through which Federal funding is to the Administrator, in such form and con- S. 3128. A bill to authorize the Pyr- available for testing of private wells during taining such information as the Adminis- amid of Remembrance Foundation to initial site assessments but not for subse- trator may prescribe, an application for the establish a memorial in the District of quent regular sampling to ensure that con- funds. Columbia and its environs to honor taminants have not migrated to other wells; ‘‘(2) CERTIFICATION.—A State application members of the Armed Forces of the ‘‘(4) many State governments do not have described in paragraph (1) shall include a United States who have lost their lives certification by the Governor of the State of the resources to provide regular, reliable during peacekeeping operations, hu- testing of drinking water wells that are lo- the potential threat to human health posed cated in proximity to areas of suspected by groundwater in each area of concern in manitarian efforts, training, terrorist groundwater contamination; the State, as determined in accordance with attacks, or covert operations; to the ‘‘(5) State fiscal conditions, already in de- the regulations promulgated by the Adminis- Committee on Energy and Natural Re- cline before the terrorist attacks of Sep- trator under subsection (d). sources. tember 11, 2001, are rapidly approaching a ‘‘(3) PROCESSING.—Not later than 15 days Mr. VOINOVICH. Mr. President, state of crisis; after the Administrator receives an applica- nearly ten years ago, a group of stu- ‘‘(6) according to the National Conference tion under this subsection, the Adminis- dents at Riverside High School in of State Legislatures— trator shall approve or disapprove the appli- Painesville, OH watched with horror as ‘‘(A) revenues in 43 States are below esti- cation. a U.S. soldier in Somalia was dragged mates; and ‘‘(f) PROVISION OF FUNDING.— through the streets of Mogadishu. The ‘‘(1) IN GENERAL.—If the Administrator ap- ‘‘(B) 36 States have already planned or im- students, concerned that there was no plemented cuts in public services; proves an application of a State under sub- ‘‘(7) as a result of those economic condi- section (e)(3), the Administrator shall pro- memorial in our Nation’s capital to tions, most States do not have drinking vide to the State an amount of funds to be honor members of our armed forces water well testing programs in place, and used to test private wells in the State that— who lost their lives during peace- many State well testing programs have been ‘‘(A) is determined by the Administrator keeping missions such as the one in So- discontinued, placing households served by based on— malia, felt compelled to take action. private drinking water wells at increased ‘‘(i) the number of private wells to be test- This group of motivated young peo- risk; and ed; ple spearheaded a campaign to estab- ‘‘(8) the provision of Federal assistance, ‘‘(ii) the prevailing local cost of testing a lish a Pyramid of Remembrance in with a State cost-sharing requirement, well in each area of concern in the State; and Washington, DC to honor U.S. service- would establish an incentive for States to ‘‘(iii) the types of substances of concern for men and women who have lost their which each well is to be tested; and provide regular testing of drinking water lives during peacekeeping operations, wells in proximity to new and existing areas ‘‘(B) consists of not more than $500 per of suspected groundwater contamination. well, unless the Administrator determines humanitarian efforts, training, ter- ‘‘(b) DEFINITIONS.—In this section: that 1 or more wells to be tested warrant the rorist attacks, or convert operations. ‘‘(1) ADMINISTRATOR.—The term ‘Adminis- provision of a greater amount. The students not only proposed the me- trator’ means the Administrator of the Envi- ‘‘(2) COST SHARING.— morial, they created a private non-

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10680 CONGRESSIONAL RECORD — SENATE October 17, 2002 profit foundation to raise the money to There being no objection, the bill was (b) TABLE OF CONTENTS.—The table of con- construct the memorial. The commu- ordered to be printed in the RECORD, as tents for this Act is as follows: nity pulled together, providing legal follows: Sec. 1. Short title; table of contents. counsel for the students and private S. 3128 TITLE I—GENERAL REFORMS donations to help fund the project. Be it enacted by the Senate and House of Rep- Sec. 101. Extension of the discretionary Thanks to their hard work, the pro- resentatives of the United States of America in spending caps. posed Pyramid of Remembrance would Congress assembled, Sec. 102. Extension of pay-as-you-go require- be built at no cost to the taxpayer. SECTION 1. DEFINITIONS. ment. Sec. 103. Automatic budget enforcement for In April 2001, the National Capital In this Act: measures considered on the Memorial Commission, charged with (1) MAP.—The term ‘‘map’’ means the map floor. referred to in section 2(e) of the Commemo- overseeing monument construction in Sec. 104. Point of order to require compli- rative Works Act (40 U.S.C. 1002(e)). Washington, DC, held hearings about ance with the caps and pay-as- (2) MEMORIAL.—The term ‘‘memorial’’ the proposed Pyramid of Remem- you-go. means the memorial authorized to be estab- Sec. 105. Disclosure of interest costs. brance. The Commission recommended lished under section 2(a). that the memorial be constructed on Sec. 106. Executive branch report on fiscal SEC. 2. AUTHORITY TO ESTABLISH MEMORIAL. exposures. Defense Department land, possibly at (a) IN GENERAL.—The Pyramid of Remem- Fort McNair. The commissioners also Sec. 107. Budget Committee sets 302(b) allo- brance Foundation may establish a memo- cations. noted that such a memorial would in- rial on Federal land in the area depicted on Sec. 108. Long-Term Cost Recognition Point deed fill a void in our Nation’s military the map as ‘‘Area II’’ to honor members of of Order. monuments. the Armed Forces of the United States who Sec. 109. Protection of Social Security sur- On May 6, 1999, I spoke on the Senate have lost their lives during peacekeeping op- pluses by budget enforcement. floor in honor of two brave American erations, humanitarian efforts, training, ter- TITLE II—REFORM OF BUDGETARY soldiers, Chief Warrant Officer Kevin rorist attacks, or covert operations. TREATMENT OF FEDERAL INSURANCE (b) COMPLIANCE WITH STANDARDS FOR COM- L. Reichert and Chief Warrant Officer PROGRAMS MEMORATIVE WORKS.— David A. Gibbs, who lost their lives (1) IN GENERAL.—Except as provided in Sec. 201. Federal insurance programs. when their Apache helicopter crashed paragraph (2), the establishment of the me- TITLE III—BIENNIAL BUDGETING AND into the Albanian mountains during a morial shall be in accordance with the Com- APPROPRIATIONS routine training exercise on May 5, memorative Works Act (40 U.S.C. 1001 et Sec. 301. Revision of timetable. 1999, as U.S. troops joined with our seq.). Sec. 302. Amendments to the Congressional NATO allies in a military campaign (2) EXCEPTION.—Subsections (b) and (c) of Budget and Impoundment Con- against Slobodan Milosevic. As I re- section 3 of the Commemorative Works Act trol Act of 1974. marked at that time, the United States (40 U.S.C. 1003) shall not apply to the estab- Sec. 303. Amendments to title 31, United lishment of the memorial. owes David, Kevin and so many other States Code. SEC. 3. FUNDS FOR MEMORIAL. Sec. 304. Two-year appropriations; title and service members a debt of gratitude (a) USE OF FEDERAL FUNDS PROHIBITED.— style of appropriations Acts. that we will never be able to repay, for Except as provided by the Commemorative Sec. 305. Multiyear authorizations. they have paid the ultimate sacrifice. Works Act (40 U.S.C. 1001 et seq.), no Federal Sec. 306. Government plans on a biennial As the Bible says in John chapter 15:13, funds may be used to pay any expense in- basis. ‘‘Greater love has no man than this, curred from the establishment of the memo- Sec. 307. Biennial appropriations bills. that a man lay down his life for his rial. Sec. 308. Report on two-year fiscal period. friends.’’ (b) DEPOSIT OF EXCESS FUNDS.—The Pyr- Sec. 309. Effective date. I support the vision of the students amid of Remembrance Foundation shall TITLE IV—COMMISSION ON FEDERAL at Riverside High School and applaud transmit to the Secretary of the Treasury BUDGET CONCEPTS for deposit in the account provided for in Sec. 401. Establishment of Commission on the work they have done to make the section 8(b)(1) of the Commemorative Works Pyramid of Remembrance a reality. I Federal Budget Concepts. Act (40 U.S.C. 1008(b)(1))— Sec. 402. Powers and duties of Commission. believe it is our duty to honor Amer- (1) any funds that remain after payment of Sec. 403. Membership. ican men and women in uniform who all expenses incurred from the establishment Sec. 404. Staff and support services. have lost their lives while serving their of the memorial (including payment of the Sec. 405. Report. country, whether in peacetime or dur- amount for maintenance and preservation Sec. 406. Termination. ing war. required under section 8(b) of the Commemo- Sec. 407. Funding. rative Works Act (40 U.S.C. 1008(b))); or I am pleased to introduce in the Sen- TITLE I—GENERAL REFORMS ate a companion measure to H.R. 282, (2) any funds that remain on expiration of the authority for the memorial under section SEC. 101. EXTENSION OF THE DISCRETIONARY introduced in the House of Representa- 10(b) of that Act (40 U.S.C. 1010(b)). SPENDING CAPS. tives by Congressman STEVE LATOU- (a) IN GENERAL.—Section 251(c) of the Bal- RETTE, which would authorize the Pyr- By Mr. VOINOVICH (for himself anced Budget and Emergency Deficit Control Act of 1985 is amended by striking para- amid of Remembrance Foundation to and Mr. FEINGOLD): establish a memorial in the District of graphs (7) through (16) and inserting the fol- S. 3131. A bill to balance the budget lowing: Columbia or its environs to soldiers and protect the Social Security Trust ‘‘(7) with respect to fiscal years 2004 who have lost their lives during peace- Fund surpluses; to the Committee on through 2009 an amount equal to the appro- keeping operations, humanitarian ef- the Budget and the Committee on Gov- priated amount of discretionary spending in forts, training, terrorist attacks, or ernmental Affairs, jointly, pursuant to budget authority and outlays for fiscal year covert operations. the order of August 4, 1977, with in- 2003 adjusted to reflect inflation;’’. A monument honoring members of structions that if one Committee re- (b) EXPIRATION.—Section 275(b) of the Bal- our Armed Forces who have lost their ports, the other Committee have thirty anced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900 note) is amended by lives in peacetime deserves a place of days to report or be discharged. honor in our Nation’s capital. I com- striking subsection (b). Mr. VOINOVICH. Mr. President, I ask (c) ADDITIONAL ENFORCEMENT.—Section mend and thank the students in unanimous consent that the text of the 205(g) of H. Con. Res. 290 (106th Congress) is Painesville, their parents, and the bill be printed in the RECORD. repealed. teachers and community leaders who There being no objection, the bill was SEC. 102. EXTENSION OF PAY-AS-YOU-GO RE- have supported them for their hard ordered to be printed in the RECORD, as QUIREMENT. work and dedication to this cause. The follows: Section 252(a) of the Balanced Budget and Emergency Deficit Control Act of 1985 is proposed Pyramid of Remembrance S. 3131 would fill a void among memorials in amended by striking ‘‘enacted before Octo- Be it enacted by the Senate and House of Rep- ber 1, 2002,’’ both places it appears. Washington, DC. I encourage my col- resentatives of the United States of America in leagues to support their worthy en- SEC. 103. AUTOMATIC BUDGET ENFORCEMENT Congress assembled, FOR MEASURES CONSIDERED ON deavor and to join me in support of this SECTION 1. SHORT TITLE; TABLE OF CONTENTS. THE FLOOR. bill. (a) SHORT TITLE.—This Act may be cited as (a) IN GENERAL.—Title III of the Congres- I ask unanimous consent the text of the ‘‘Truth in Budgeting and Social Security sional Budget Act of 1974 is amended by in- the bill be printed in the RECORD. Protection Act of 2002’’. serting at the end the following:

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‘‘BUDGET EVASION POINT OF ORDER ‘‘(5) ENFORCEMENT BY THE PRESIDING OFFI- (vi) disaster relief; and ‘‘SEC. 316. (a) DISCRETIONARY CAPS.—It CER.—In the Senate, if a point of order lies (vii) others as deemed appropriate. shall not be in order to consider any bill or against a bill or resolution (or amendment, (2) ESTIMATES.—Where available, estimates resolution (or amendment, motion, or con- motion, or conference report on that bill or for each exposure should be included. Where ference report on that bill or resolution) that resolution) under this section, and no Sen- reasonable estimates are not available, a waives or suspends the enforcement of sec- ator has raised the point of order, and the range of estimates may be appropriate. tion 251 of the Balanced Budget and Emer- Senate has not waived the point of order, (3) OTHER EXPOSURES.—Exposures that are gency Deficit Control Act of 1985 or other- then before the Senate may vote on the bill analogous to those specified in paragraph (1) wise would alter the spending limits set or resolution (or amendment, motion, or shall also be included in the exposure cat- forth in that section. conference report on that bill or resolution), egories identified in such paragraph. ‘‘(b) PAY-AS-YOU-GO.—It shall not be in the Presiding Officer shall on his or her own (c) FORMAT.—The report shall include a 1- order to consider any bill or resolution (or motion raise a point of order under this sec- page list of all exposures. Additional disclo- amendment, motion, or conference report on tion. sures shall include descriptions of exposures, that bill or resolution) that waives or sus- ‘‘(6) EXCEPTIONS.—This subsection shall the estimation methodologies and signifi- pends the enforcement of section 252 of the not apply if a declaration of war by the Con- cant assumptions used, and an analysis of Balanced Budget and Emergency Deficit gress is in effect or if a joint resolution pur- the implications of the exposures for the Control Act of 1985 or otherwise would alter suant to section 258 of the Balanced Budget long-term financial outlook. Additional the balances of the pay-as-you-go scorecard and Emergency Deficit Control Act of 1985 analysis deemed informative may be pro- pursuant to that section. has been enacted.’’. vided on subsequent pages. IRECTED CORING ‘‘(c) D S .—It shall not be in SEC. 105. DISCLOSURE OF INTEREST COSTS. (d) REVIEW WITH CONGRESS.—Following the order in the Senate to consider any bill or Section 308(a)(1) of the Congressional submission of the report on fiscal exposures resolution (or amendment, motion, or con- Budget Act of 1974 (2 U.S.C. 639(a)(1)) is to the Senate and the House of Representa- ference report on that bill or resolution) that amended— tives, the Comptroller General shall review directs the scorekeeping of any bill or reso- (1) in subparagraph (B), by striking ‘‘and’’ and report to the committee reviewing the lution. after the semicolon; report on the report, discussing— ‘‘(d) WAIVER AND APPEAL.—This section (1) the extent to which all required disclo- may be waived or suspended in the Senate (2) in subparagraph (C), by striking the period and inserting ‘‘; and’’; and sures under this section have been made; only by an affirmative vote of three-fifths of (2) the quality of the cost estimates; the Members, duly chosen and sworn. An af- (3) by adding at the end the following: ‘‘(D) containing a projection by the Con- (3) the scope of the information; firmative vote of three-fifths of the Members (4) the long-range financial outlook; and of the Senate, duly chosen and sworn, shall gressional Budget Office of the cost of the debt servicing that would be caused by such (5) any other matters deemed appropriate. be required in the Senate to sustain an ap- (e) DEFINITIONS.—In this section: peal of the ruling of the Chair on a point of measure for such fiscal year (or fiscal years) and each of the 4 ensuing fiscal years.’’. (1) LIABILITIES.—The terms ‘‘liabilities’’, order raised under this section.’’. ‘‘commitments’’, and ‘‘contingencies’’ shall (b) TABLE OF CONTENTS.—The table of con- SEC. 106. EXECUTIVE BRANCH REPORT ON FIS- be defined in accordance with generally ac- tents for the Congressional Budget Act of CAL EXPOSURES. cepted accounting principles and standards 1974 is amended by inserting after the item (a) IN GENERAL.—The President shall sub- of the United States Federal Government. for section 315 the following: mit to the Committees on Appropriations, Budget, Finance, and Governmental Affairs (2) RISK ASSUMED.—The term ‘‘risk as- Sec. 316. Budget evasion point of order.’’. sumed’’ means the full portion of the risk SEC. 104. POINT OF ORDER TO REQUIRE COMPLI- of the Senate, and the Committees on Appro- priations, Budget, Government Reform, and premium based on the expected cost of losses ANCE WITH THE CAPS AND PAY-AS- inherent in the Government’s commitment YOU-GO. Ways and Means of the House of Representa- that is not charged to the insured. For exam- Section 312(b) of the Congressional Budget tives, not later than 2 weeks before the first ple, the present value of unpaid expected Act of 1974 (2 U.S.C. 643(b)) is amended to Monday in February of each year, a report losses net of associated premiums, based on read as follows: (in this section referred to as the ‘‘report’’) the risk assumed as a result of insurance ‘‘(b) DISCRETIONARY SPENDING AND PAY-AS- on the fiscal exposures of the United States coverage. YOU-GO POINT OF ORDER IN THE SENATE.— Federal Government and their implications (3) NET FUTURE BENEFIT PAYMENTS.—The ‘‘(1) IN GENERAL.—Except as otherwise pro- for long-term financial health. The report vided in this subsection, it shall not be in shall also be included as part of the Consoli- term ‘‘net future benefit payments’’ means order in the Senate to consider any bill or dated Financial Statement of the United the net present value of negative cashflow. resolution or any separate provision of a bill States Government. Negative cashflow is to be calculated as the current amount of funds needed to cover pro- or resolution (or amendment, motion, or (b) CONTENTS.— jected shortfalls, excluding trust fund bal- conference report on that bill or resolution) (1) IN GENERAL.—The report shall include that would— fiscal exposures for the following categories ances, over a 75-year period. This estimate ‘‘(A) exceed any of the discretionary spend- of fiscal exposures: should include births during the period and individuals below age 15 as of January 1 of ing limits in section 251(c) of the Balanced (A) DEBT.—Debt, including— Budget and Emergency Deficit Control Act (i) total gross debt; the valuation year. of 1985; or (ii) publicly held debt; and SEC. 107. BUDGET COMMITTEE SETS 302(b) ALLO- ‘‘(B) for direct spending or revenue legisla- (iii) debt held by Government accounts. CATIONS. The Congressional Budget Act of 1974 (2 tion, would cause or increase an on-budget (B) OTHER FINANCIAL LIABILITIES.—Other fi- deficit for any one of the following three ap- nancial liabilities, including— U.S.C. 621 et seq.) is amended— plicable time periods— (i) civilian and military pensions; (1) in section 301(e)(2)(F) (2 U.S.C. (i) the first year covered by the most re- (ii) post-retirement health benefits; 632(e)(2)(F)), by striking ‘‘section 302(a)’’ and cently adopted concurrent resolution on the (iii) environmental liabilities; inserting ‘‘subsections (a) and (b) of section budget; (iv) accounts payable; 302’’; and (ii) the period of the first 5 fiscal years cov- (v) loan guarantees; and (2) in section 302 (2 U.S.C. 633), by striking ered by the most recently adopted concur- (vi) Social Security benefits due and pay- subsection (b) and inserting the following: rent resolution on the budget; or able. ‘‘(b) SUBALLOCATIONS FOR APPROPRIATIONS COMMITTEE.—The joint explanatory state- (iii) the period of the 5 fiscal years fol- (C) FINANCIAL COMMITMENTS.—Financial lowing the first five fiscal years covered in commitments, including— ment accompanying a conference report on a the most recently adopted concurrent resolu- (i) undelivered orders; and concurrent resolution on the budget shall in- tion on the budget. (ii) long-term operating leases. clude suballocations of amounts allocated to the Committees on Appropriations of each ‘‘(2) POINT OF ORDER AGAINST A SPECIFIC (D) FINANCIAL CONTINGENCIES AND OTHER amount allocated to those committees under PROVISION.—If the Presiding Officer sustains EXPOSURE.—Financial contingencies and a point of order under paragraph (1) with re- other exposures, including— subsection (a) among each of the subcommit- spect to any separate provision of a bill or (i) unadjudicated claims; tees of those committees.’’. resolution, that provision shall be stricken (ii) Federal insurance programs (including SEC. 108. LONG-TERM COST RECOGNITION POINT from the measure and may not be offered as both the financial contingency for and risk OF ORDER. an amendment from the floor. assumed by such programs); (a) IN GENERAL.—Title III of the Congres- sional Budget Act of 1974 is amended by add- ‘‘(3) FORM OF THE POINT OF ORDER.—A point (iii) net future benefits under Social Secu- of order under this section may be raised by rity, Medicare Part A, Medicare Part B, and ing at the end the following: a Senator as provided in section 313(e) of the other social insurance programs; ‘‘LONG-TERM COST RECOGNITION POINT OF Congressional Budget Act of 1974. (iv) life cycle costs, including deferred and ORDER ‘‘(4) CONFERENCE REPORTS.—If a point of future maintenance and operating costs as- ‘‘SEC. 318. (a) CONGRESSIONAL BUDGET OF- order is sustained under this section against sociated with operating leases and the main- FICE ANALYSIS.— a conference report the report shall be dis- tenance of capital assets; ‘‘(1) IN GENERAL.—CBO shall, in conjunc- posed of as provided in section 313(d) of the (v) unfunded portions of incrementally tion with the analysis required by section Congressional Budget Act of 1974. funded capital projects; 402, prepare and submit to the Committees

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on the Budget of the House of Representa- (d) APPLICATION OF SEQUESTRATION TO ‘‘(4) all payments by or receipts of the fi- tives and Senate a report on each bill, joint BUDGET ACCOUNTS.—Section 256(k) of the nancing accounts shall be treated in the resolution, amendment, motion, or con- Balanced Budget and Emergency Deficit budget as a means of financing. ference report reported by any committee of Control Act of 1985 (2 U.S.C. 906(k)) is amend- ‘‘(c) APPROPRIATIONS REQUIRED.—(1) Not- the House of Representatives or the Senate ed by— withstanding any other provision of law, in- that contains any cost drivers that CBO con- (1) striking paragraph (2); and surance commitments may be made for fis- cludes are likely to have the effect of in- (2) redesignating paragraphs (3) through (6) cal year 2006 and thereafter only to the ex- creasing the cost path of that measure such as paragraphs (2) through (5), respectively. tent that new budget authority to cover that the estimated discounted cash flows of (e) STRENGTHENING SOCIAL SECURITY their risk-assumed cost is provided in ad- the measure in the 10 years following the POINTS OF ORDER..— vance in an appropriation Act. 10th year after the measure takes effect (1) IN GENERAL.—Section 312 of the Con- ‘‘(2) An outstanding insurance commit- would be 150 percent or greater of the level of gressional Budget Act of 1974 (2 U.S.C. 643) is ment shall not be modified in a manner that the estimated discounted cash flows of the amended by inserting at the end the fol- increases its risk-assumed cost unless budget measure at the end of the 10 years following lowing: authority for the additional cost has been the enactment of the measure. ‘‘(g) STRENGTHENING SOCIAL SECURITY provided in advance. ‘‘(2) PROJECTIONS.—Where possible, CBO POINT OF ORDER.—It shall not be in order in ‘‘(3) Paragraph (1) shall not apply to Fed- should use existing long-term projections of the House of Representatives or the Senate eral insurance programs that constitute en- cost drivers prepared by the appropriate Fed- to consider a concurrent resolution on the titlements. eral agency. budget (or any amendment thereto or con- ‘‘(d) REESTIMATES.— ‘‘(3) LIMIT.—Nothing in this section reference report thereon) or any bill, joint res- ‘‘(1) IN GENERAL.—The risk-assumed cost quires CBO to develop cost estimates for a olution, amendment, motion, or conference for a fiscal year shall be reestimated in each measure beyond the 10th year after the report that would violate or amend section subsequent year. Such reestimate can equal measure takes effect. 13301 of the Budget Enforcement Act of zero. In the case of a positive reestimate, the ‘‘(b) COST DRIVERS.—Cost drivers CBO shall 1990.’’. amount of the reestimate shall be paid from consider under subsection (a) include— (2) SUPER MAJORITY REQUIREMENT.— the program account to the financing ac- ‘‘(1) demographic changes; (A) POINT OF ORDER.—Section 904(c)(1) of count. In the case of a negative reestimate, ‘‘(2) new technologies; and the Congressional Budget Act of 1974 is the amount of the reestimate shall be paid ‘‘(3) environmental factors. amended by inserting ‘‘312(g),’’ after from the financing account to the program ‘‘(c) POINT OF ORDER.—It shall not be in ‘‘310(d)(2),’’. account, and shall be transferred from the order in the House of Representatives or the (B) WAIVER.—Section 904(d)(2) of the Con- program account to the general fund. Reesti- Senate to consider any bill, joint resolution, gressional Budget Act of 1974 is amended by mates shall be displayed as a distinct and amendment, motion, or conference report inserting ‘‘312(g),’’ after ‘‘310(d)(2),’’. separately identified subaccount in the pro- that CBO determines will increase the level (3) ENFORCEMENT IN EACH FISCAL YEAR.— gram account. of the estimated discounted cash flows of The Congressional Budget Act of 1974 is ‘‘(2) APPROPRIATIONS.—There are appro- that measure as reported in subsection (a) by amended in— priated such sums as are necessary to fund a 150 percent or more.’’. (A) section 301(a)(7) (2 U.S.C. 632(a)(7)), by positive reestimate under paragraph (1). SEC. 109. PROTECTION OF SOCIAL SECURITY striking ‘‘for the fiscal year’’ through the pe- ‘‘(e) ADMINISTRATIVE EXPENSES.—All fund- SURPLUSES BY BUDGET ENFORCE- riod and inserting ‘‘for each fiscal year cov- ing for an agency’s administration of a Fed- MENT. ered by the resolution’’; and eral insurance program shall be displayed as (a) REVISION OF ENFORCING DEFICIT TAR- (B) section 311(a)(3) (2 U.S.C. 642(a)(3)), by a distinct and separately identified sub- GETS.—Section 253 of the Balanced Budget account in the program account. and Emergency Deficit Control Act of 1985 (2 striking beginning with ‘‘for the first fiscal U.S.C. 903) is amended— year’’ through the period and insert the fol- ‘‘SEC. 603. TIMETABLE FOR IMPLEMENTATION OF lowing: ‘‘for any of the fiscal years covered ACCRUAL BUDGETING FOR FED- (1) in subsection (a), by striking ‘‘(if any ERAL INSURANCE PROGRAMS. remains) if it exceeds the margin’’; by the concurrent resolution.’’. (f) EFFECTIVE DATE.—Section 275(b) of the ‘‘(a) AGENCY REQUIREMENTS.—Agencies (2) by striking subsection (b) and inserting Balanced Budget and Emergency Deficit with responsibility for Federal insurance the following: programs shall develop models to estimate ‘‘(b) EXCESS DEFICIT.—The excess deficit is Control Act of 1985 (2 U.S.C. 900 note) is amended by striking ‘‘253,’’. their risk-assumed cost by year through the the deficit for the budget year.’’; budget horizon and shall submit those mod- TITLE II—REFORM OF BUDGETARY (3) by striking subsection (c) and inserting els, all relevant data, a justification for crit- TREATMENT OF FEDERAL INSURANCE the following: ical assumptions, and the annual projected ‘‘(c) ELIMINATING EXCESS DEFICIT.—Each PROGRAMS risk-assumed costs to OMB with their budget non-exempt account shall be reduced by a SEC. 201. FEDERAL INSURANCE PROGRAMS. dollar amount calculated by multiplying the requests each year starting with the request (a) IN GENERAL.—The Congressional Budget for fiscal year 2005. Agencies will likewise baseline level of sequesterable budgetary re- Act of 1974 is amended by adding after title sources in that account at that time by the provide OMB with annual estimates of modi- V the following new title: fications, if any, and reestimates of program uniform percentage necessary to eliminate ‘‘TITLE VI—BUDGETARY TREATMENT OF an excess deficit.’’; and costs. FEDERAL INSURANCE PROGRAMS (4) by striking subsections (g) and (h). ‘‘(b) DISCLOSURE.—When the President sub- (b) MEDICARE EXEMPT.— ‘‘SEC. 601. SHORT TITLE. mits a budget of the Government pursuant (1) AMENDMENTS.—The Balanced Budget ‘‘This title may be cited as the ‘Federal In- to section 1105(a) of title 31, United States and Emergency Deficit Control Act of 1985 is surance Budgeting Act of 2002’. Code, for fiscal year 2005, OMB shall publish amended— ‘‘SEC. 602. BUDGETARY TREATMENT. a notice in the Federal Register advising in- (A) in section 253(e)(3)(A), by striking ‘‘(a) PRESIDENT’S BUDGET.—Beginning with terested persons of the availability of infor- clause (i) and inserting the following: fiscal year 2008, the budget of the Govern- mation describing the models, data (includ- ‘‘(i) the medicare program specified in sec- ment submitted pursuant to section 1105(a) ing sources), and critical assumptions (in- tion 256(d) shall not be reduced; and’’; of title 31, United States Code, shall be based cluding explicit or implicit discount rate as- (B) in section 255(g)(1)(A), by inserting on the risk-assumed cost of Federal insur- sumptions) that it or other executive branch ‘‘Medicare (for purposes of section 253)’’ after ance programs. entities would use to estimate the risk-as- the item relating to ‘‘Medical facilities’’; and ‘‘(b) BUDGET ACCOUNTING.—For any Federal sumed cost of Federal insurance programs (C) in section 256(d)(1), by striking ‘‘sec- insurance program— and giving such persons an opportunity to tions 252 and 253’’ and inserting ‘‘section ‘‘(1) the program account shall— submit comments. At the same time, the 252’’. ‘‘(A) pay the risk-assumed cost borne by chairman of the Committee on the Budget taxpayers to the financing account; and (2) EXEMPTION.—Medicare shall not be sub- shall publish a notice for CBO in the Federal ject to sequester under section 253 of the Bal- ‘‘(B) pay actual insurance program admin- Register advising interested persons of the anced Budget and Emergency Deficit Control istrative costs; and availability of information describing the Act of 1985, as amended by this section. ‘‘(2) the financing account shall— models, data (including sources), and critical (c) ECONOMIC AND TECHNICAL ASSUMP- ‘‘(A) receive premiums and other income; assumptions (including explicit or implicit TIONS.—Notwithstanding section 254(j) of the ‘‘(B) pay all claims for insurance and re- discount rate assumptions) that it would use Balanced Budget and Emergency Deficit ceive all recoveries; and to estimate the risk-assumed cost of Federal Control Act of 1985 (2 U.S.C. 904(j)), the Office ‘‘(C) transfer to the program account on insurance programs and giving such inter- of Management and Budget shall use the eco- not less than an annual basis amounts nec- ested persons an opportunity to submit com- nomic and technical assumptions underlying essary to pay insurance program administra- ments. the report issued pursuant to section 1106 of tive costs; and ‘‘(c) REVISION.—After consideration of com- title 31, United States Code, for purposes of ‘‘(3) a negative risk-assumed cost shall be ments pursuant to subsection (b), and in con- determining the excess deficit under section transferred from the financing account to sultation with the Committees on the Budg- 253(b) of the Balanced Budget and Emergency the program account, and shall be trans- et of the House of Representatives and the Deficit Control Act of 1985, as added by sub- ferred from the program account to the gen- Senate, OMB and CBO shall revise the mod- section (a). eral fund; els, data, and major assumptions they would

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 17, 2002 CONGRESSIONAL RECORD — SENATE S10683 use to estimate the risk-assumed cost of against specified losses. This term does not ‘‘(11) The term ‘GAO’ means the Comp- Federal insurance programs. include loan guarantees as defined in title V troller General of the United States. ‘‘(d) DISPLAY.— or benefit programs such as social security, ‘‘SEC. 605. AUTHORIZATIONS TO ENTER INTO ‘‘(1) IN GENERAL.—For fiscal years 2005, medicare, and similar existing social insur- CONTRACTS; ACTUARIAL COST AC- 2006, and 2007 the budget submissions of the ance programs. COUNT. President pursuant to section 1105(a) of title ‘‘(3)(A) The term ‘risk-assumed cost’ means ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.— 31, United States Code, and CBO’s reports on the net present value of the estimated cash There is authorized to be appropriated the economic and budget outlook pursuant flows to and from the Government resulting $600,000 for each of fiscal years 2002 through to section 202(e)(1) and the President’s budg- from an insurance commitment or modifica- 2007 to the Director of the Office of Manage- ets, shall for display purposes only, estimate tion thereof. ment and Budget and each agency respon- the risk-assumed cost of existing or proposed ‘‘(B) The cash flows associated with an in- sible for administering a Federal program to Federal insurance programs. surance commitment include— carry out this title. ‘‘(2) OMB.—The display in the budget sub- ‘‘(i) expected claims payments inherent in ‘‘(b) TREASURY TRANSACTIONS WITH THE FI- missions of the President for fiscal years the Government’s commitment; NANCING ACCOUNTS.—The Secretary of the 2005, 2006, and 2007 shall include— ‘‘(ii) net premiums (expected premium col- Treasury shall borrow from, receive from, ‘‘(A) a presentation for each Federal insur- lections received from or on behalf of the in- lend to, or pay the insurance financing ac- ance program in budget-account level detail sured less expected administrative expenses); counts such amounts as may be appropriate. of estimates of risk-assumed cost; ‘‘(iii) expected recoveries; and The Secretary of the Treasury may prescribe ‘‘(B) a summary table of the risk-assumed ‘‘(iv) expected changes in claims, pre- forms and denominations, maturities, and costs of Federal insurance programs; and miums, or recoveries resulting from the ex- terms and conditions for the transactions de- ‘‘(C) an alternate summary table of budget ercise by the insured of any option included scribed above. The authorities described functions and aggregates using risk-assumed in the insurance commitment. above shall not be construed to supersede or rather than cash-based cost estimates for ‘‘(C) The cost of a modification is the dif- override the authority of the head of a Fed- Federal insurance programs. ference between the current estimate of the eral agency to administer and operate an in- ‘‘(3) CBO.—In the second session of the net present value of the remaining cash surance program. All the transactions pro- 108th Congress and the 109th Congress, CBO flows under the terms of the insurance com- vided in this subsection shall be subject to shall include in its estimates under section mitment, and the current estimate of the net the provisions of subchapter II of chapter 15 308, for display purposes only, the risk-as- present value of the remaining cash flows of title 31, United States Code. Cash balances sumed cost of existing Federal insurance under the terms of the insurance commit- of the financing accounts in excess of cur- programs, or legislation that CBO, in con- ment as modified. rent requirements shall be maintained in a sultation with the Committees on the Budg- ‘‘(D) The cost of a reestimate is the dif- form of uninvested funds, and the Secretary et of the House of Representatives and the ference between the net present value of the of the Treasury shall pay interest on these Senate, determines would create a new Fed- amount currently required by the financing funds. ‘‘(c) APPROPRIATION OF AMOUNT NECESSARY eral insurance program. account to pay estimated claims and other TO COVER RISK-ASSUMED COST OF INSURANCE ‘‘(e) OMB, CBO, AND GAO EVALUATIONS.— expenditures and the amount currently COMMITMENTS AT TRANSITION DATE.—(1) A fi- (1) Not later than 6 months after the budget available in the financing account. The cost nancing account is established on September submission of the President pursuant to sec- of a reestimate shall be accounted for in the 30, 2007, for each Federal insurance program. tion 1105(a) of title 31, United States Code, current year in the budget of the Govern- ‘‘(2) There is appropriated to each financ- for fiscal year 2007, OMB, CBO, and GAO ment submitted pursuant to section 1105(a) ing account the amount of the risk-assumed shall each submit to the Committees on the of title 31, United States Code. cost of Federal insurance commitments out- Budget of the House of Representatives and ‘‘(E) For purposes of this definition, ex- standing for that program as of the close of the Senate a report that evaluates the advis- pected administrative expenses shall be con- September 30, 2007. ability and appropriate implementation of strued as the amount estimated to be nec- ‘‘(3) These financing accounts shall be used this title. essary for the proper administration of the in implementing the budget accounting re- ‘‘(2) Each report made pursuant to para- insurance program. This amount may differ quired by this title. graph (1) shall address the following: from amounts actually appropriated or oth- ‘‘(A) The adequacy of risk-assumed esti- erwise made available for the administration ‘‘SEC. 606. EFFECTIVE DATE. mation models used and alternative mod- of the program. ‘‘(a) IN GENERAL.—This title shall take ef- eling methods. ‘‘(4) The term ‘program account’ means the fect immediately and shall expire on Sep- ‘‘(B) The availability and reliability of budget account for the risk-assumed cost, tember 30, 2009. data or information necessary to carry out and for paying all costs of administering the ‘‘(b) SPECIAL RULE.—If this title is not re- this title. insurance program, and is the account from authorized by September 30, 2009, then the ‘‘(C) The appropriateness of the explicit or which the risk-assumed cost is disbursed to accounting structure and budgetary treat- implicit discount rate used in the various the financing account. ment of Federal insurance programs shall re- risk-assumed estimation models. ‘‘(5) The term ‘financing account’ means vert to the accounting structure and budg- ‘‘(D) The advisability of specifying a statu- the nonbudget account that is associated etary treatment in effect immediately before tory discount rate (such as the Treasury with each program account which receives the date of enactment of this title.’’. rate) for use in risk-assumed estimation payments from or makes payments to the (b) CONFORMING AMENDMENT.—The table of models. program account, receives premiums and contents set forth in section 1(b) of the Con- ‘‘(E) The ability of OMB, CBO, or GAO, as other payments from the public, pays insur- gressional Budget and Impoundment Control applicable, to secure any data or information ance claims, and holds balances. Act of 1974 is amended by inserting after the directly from any Federal agency necessary ‘‘(6) The term ‘modification’ means any item relating to section 507 the following to enable it to carry out this title. Government action that alters the risk-as- new items: ‘‘(F) The relationship between risk-assumed cost of an existing insurance commit- ‘‘TITLE VI—BUDGETARY TREATMENT OF sumed accrual budgeting for Federal insur- ment from the current estimate of cash FEDERAL INSURANCE PROGRAMS ance programs and the specific requirements flows. This includes any action resulting ‘‘Sec. 601. Short title. of the Balanced Budget and Emergency Def- from new legislation, or from the exercise of ‘‘Sec. 602. Budgetary treatment. icit Control Act of 1985. administrative discretion under existing law, ‘‘Sec. 603. Timetable for implementation of ‘‘(G) Whether Federal budgeting is im- that directly or indirectly alters the esti- accrual budgeting for Federal proved by the inclusion of risk-assumed cost mated cost of existing insurance commit- insurance programs. estimates for Federal insurance programs. ments. ‘‘Sec. 604. Definitions. ‘‘(H) The advisability of including each of ‘‘(7) The term ‘model’ means any actuarial, ‘‘Sec. 605. Authorizations to enter into con- the programs currently estimated on a risk- financial, econometric, probabilistic, or tracts; actuarial cost account. assumed cost basis in the Federal budget on other methodology used to estimate the ex- ‘‘Sec. 606. Effective date.’’. that basis. pected frequency and magnitude of loss-pro- TITLE III—BIENNIAL BUDGETING AND ‘‘SEC. 604. DEFINITIONS. ducing events, expected premiums or collec- APPROPRIATIONS ‘‘For purposes of this title: tions from or on behalf of the insured, ex- ‘‘(1) The term ‘Federal insurance program’ pected recoveries, and administrative ex- SEC. 301. REVISION OF TIMETABLE. means a program that makes insurance com- penses. Section 300 of the Congressional Budget mitments and includes the list of such pro- ‘‘(8) The term ‘current’ has the same mean- Act of 1974 (2 U.S.C. 631) is amended to read grams as to be defined by the budget con- ing as in section 250(c)(9) of the Balanced as follows: cepts commission, as required by title IV of Budget and Emergency Deficit Control Act ‘‘TIMETABLE the Truth in Budgeting and Social Security of 1985. ‘‘SEC. 300. (a) IN GENERAL.—Except as pro- Protection Act of 2002. ‘‘(9) The term ‘OMB’ means the Director of vided by subsection (b), the timetable with ‘‘(2) The term ‘insurance commitment’ the Office of Management and Budget. respect to the congressional budget process means an agreement in advance by a Federal ‘‘(10) The term ‘CBO’ means the Director of for any Congress (beginning with the One agency to indemnify a non-Federal entity the Congressional Budget Office. Hundred Eighth Congress) is as follows:

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‘‘First Session ‘‘On or before: Action to be completed: First Monday in February ...... President submits budget recommendations. February 15 ...... Congressional Budget Office submits report to Budget Committees. Not later than 6 weeks after budget submission ...... Committees submit views and estimates to Budget Committees. April 1 ...... Budget Committees report concurrent resolution on the biennial budget. May 15 ...... Congress completes action on concurrent resolution on the biennial budget. May 15 ...... Biennial appropriation bills may be considered in the House. June 10 ...... House Appropriations Committee reports last biennial appropriation bill. June 30 ...... House completes action on biennial appropriation bills. August 1 ...... Congress completes action on reconciliation legislation. October 1 ...... Biennium begins. ‘‘Second Session ‘‘On or before: Action to be completed: February 15 ...... President submits budget review. Not later than 6 weeks after President submits budget review ...... Congressional Budget Office submits report to Budget Committees. The last day of the session ...... Congress completes action on bills and resolutions authorizing new budget authority for the succeeding biennium. ‘‘(b) SPECIAL RULE.—In the case of any first session of Congress that begins in any year immediately following a leap year and during which the term of a President (except a President who succeeds himself) begins, the following dates shall supersede those set forth in subsection (a):

‘‘First Session ‘‘On or before: Action to be completed: First Monday in April ...... President submits budget recommendations. April 20 ...... Committees submit views and estimates to Budget Committees. May 15 ...... Budget Committees report concurrent resolution on the biennial budget. June 1 ...... Congress completes action on concurrent resolution on the biennial budget. July 1 ...... Biennial appropriation bills may be considered in the House. July 20 ...... House completes action on biennial appropriation bills. August 1 ...... Congress completes action on reconciliation legislation. October 1 ...... Biennium begins.’’.

SEC. 302. AMENDMENTS TO THE CONGRESSIONAL (iii) striking ‘‘the fiscal year beginning on (5) GOALS FOR REDUCING UNEMPLOYMENT.— BUDGET AND IMPOUNDMENT CON- October 1 of such year’’ the second place it Section 301(f) of such Act (2 U.S.C. 632(f)) is TROL ACT OF 1974. appears and inserting ‘‘each fiscal year in amended by striking ‘‘fiscal year’’ each place (a) DECLARATION OF PURPOSE.—Section 2(2) such period’’; it appears and inserting ‘‘biennium’’. of the Congressional Budget and Impound- (B) in paragraph (6), by striking ‘‘for the (6) ECONOMIC ASSUMPTIONS.—Section ment Control Act of 1974 (2 U.S.C. 621(2)) is fiscal year’’ and inserting ‘‘for each fiscal 301(g)(1) of such Act (2 U.S.C. 632(g)(1)) is amended by striking ‘‘each year’’ and insert- year in the biennium’’; and amended by striking ‘‘for a fiscal year’’ and ing ‘‘biennially’’. (C) in paragraph (7), by striking ‘‘for the inserting ‘‘for a biennium’’. (b) DEFINITIONS.— first fiscal year’’ and inserting ‘‘for each fis- (7) SECTION HEADING.—The section heading (1) BUDGET RESOLUTION.—Section 3(4) of cal year in the biennium’’. of section 301 of such Act is amended by such Act (2 U.S.C. 622(4)) is amended by (2) ADDITIONAL MATTERS.—Section 301(b)(3) striking ‘‘annual’’ and inserting ‘‘biennial’’. striking ‘‘fiscal year’’ each place it appears of such Act (2 U.S.C. 632(b)) is amended by (8) TABLE OF CONTENTS.—The item relating and inserting ‘‘biennium’’. striking ‘‘for such fiscal year’’ and inserting to section 301 in the table of contents set (2) BIENNIUM.—Section 3 of such Act (2 ‘‘for either fiscal year in such biennium’’. forth in section 1(b) of such Act is amended U.S.C. 622) is further amended by adding at (3) VIEWS OF OTHER COMMITTEES.—Section by striking ‘‘Annual’’ and inserting ‘‘Bien- the end the following new paragraph: 301(d) of such Act (2 U.S.C. 632(d)) is amended nial’’. ‘‘(11) The term ‘biennium’ means the pe- by inserting ‘‘(or, if applicable, as provided riod of 2 consecutive fiscal years beginning by section 300(b))’’ after ‘‘United States (d) COMMITTEE ALLOCATIONS.—Section 302 on October 1 of any odd-numbered year.’’. Code’’. of such Act (2 U.S.C. 633) is amended— (c) BIENNIAL CONCURRENT RESOLUTION ON (4) HEARINGS.—Section 301(e)(1) of such Act (1) in subsection (a)(1) by— THE BUDGET.— (2 U.S.C. 632(e)) is amended by— (A) striking ‘‘for the first fiscal year of the (1) CONTENTS OF RESOLUTION.—Section (A) striking ‘‘fiscal year’’ and inserting resolution,’’ and inserting ‘‘for each fiscal 301(a) of such Act (2 U.S.C. 632(a)) is amend- ‘‘biennium’’; and year in the biennium,’’; ed— (B) inserting after the second sentence the (B) striking ‘‘for that period of fiscal (A) in the matter preceding paragraph (1) following: ‘‘On or before April 1 of each odd- years’’ and inserting ‘‘for all fiscal years cov- by— numbered year (or, if applicable, as provided ered by the resolution’’; and (i) striking ‘‘April 15 of each year’’ and in- by section 300(b)), the Committee on the (C) striking ‘‘for the fiscal year of that res- serting ‘‘May 15 of each odd-numbered year’’; Budget of each House shall report to its olution’’ and inserting ‘‘for each fiscal year (ii) striking ‘‘the fiscal year beginning on House the concurrent resolution on the in the biennium’’; October 1 of such year’’ the first place it ap- budget referred to in subsection (a) for the pears and inserting ‘‘the biennium beginning biennium beginning on October 1 of that (2) in subsection (f)(1), by striking ‘‘for a on October 1 of such year’’; and year.’’. fiscal year’’ and inserting ‘‘for a biennium’’;

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(3) in subsection (f)(1), by striking ‘‘first (B) in subparagraph (B)— (8) TAX EXPENDITURES.—Section 1105(a)(16) fiscal year’’ and inserting ‘‘each fiscal year (i) by striking ‘‘that first fiscal year’’ the of title 31, United States Code, is amended by of the biennium’’; first place it appears and inserting ‘‘each fis- striking ‘‘the fiscal year’’ and inserting (4) in subsection (f)(2)(A), by— cal year in the biennium’’; and ‘‘each fiscal year in the biennium’’. (A) striking ‘‘first fiscal year’’ and insert- (ii) by striking ‘‘that first fiscal year and (9) FUTURE YEARS.—Section 1105(a)(17) of ing ‘‘each fiscal year of the biennium’’; and the ensuing fiscal years’’ and inserting ‘‘all title 31, United States Code, is amended— (B) striking ‘‘the total of fiscal years’’ and fiscal years’’. (A) by striking ‘‘the fiscal year following inserting ‘‘the total of all fiscal years cov- (3) SOCIAL SECURITY LEVELS.—Section the fiscal year’’ and inserting ‘‘each fiscal ered by the resolution’’; and 311(a)(3) of such Act is amended by— year in the biennium following the bien- (5) in subsection (g)(1)(A), by striking (A) striking ‘‘for the first fiscal year’’ and nium’’; ‘‘April’’ and inserting ‘‘May’’. inserting ‘‘each fiscal year in the biennium’’; (B) by striking ‘‘that following fiscal year’’ (e) SECTION 303 POINT OF ORDER.— and and inserting ‘‘each such fiscal year’’; and (1) IN GENERAL.—Section 303(a) of such Act (B) striking ‘‘that fiscal year and the ensu- (C) by striking ‘‘fiscal year before the fis- (2 U.S.C. 634(a)) is amended by striking ‘‘first ing fiscal years’’ and inserting ‘‘all fiscal cal year’’ and inserting ‘‘biennium before the fiscal year’’ and inserting ‘‘each fiscal year years’’. biennium’’. of the biennium’’. (l) MDA POINT OF ORDER.—Section 312(c) of (10) PRIOR YEAR OUTLAYS.—Section (2) EXCEPTIONS IN THE HOUSE.—Section the Congressional Budget Act of 1974 (2 1105(a)(18) of title 31, United States Code, is 303(b)(1) of such Act (2 U.S.C. 634(b)) is U.S.C. 643) is amended— amended— amended— (1) by striking ‘‘for a fiscal year’’ and in- (A) by striking ‘‘the prior fiscal year’’ and (A) in subparagraph (A), by striking ‘‘the serting ‘‘for a biennium’’; inserting ‘‘each of the 2 most recently com- budget year’’ and inserting ‘‘the biennium’’; (2) in paragraph (1), by striking ‘‘first fis- pleted fiscal years,’’; and cal year’’ and inserting ‘‘either fiscal year in (B) by striking ‘‘for that year’’ and insert- (B) in subparagraph (B), by striking ‘‘the the biennium’’; ing ‘‘with respect to those fiscal years’’; and fiscal year’’ and inserting ‘‘the biennium’’. (3) in paragraph (2), by striking ‘‘that fis- (C) by striking ‘‘in that year’’ and insert- (3) APPLICATION TO THE SENATE.—Section cal year’’ and inserting ‘‘either fiscal year in ing ‘‘in those fiscal years’’. 303(c)(1) of such Act (2 U.S.C. 634(c)) is the biennium’’; and (11) PRIOR YEAR RECEIPTS.—Section amended by— (4) in the matter following paragraph (2), 1105(a)(19) of title 31, United States Code, is (A) striking ‘‘fiscal year’’ and inserting by striking ‘‘that fiscal year’’ and inserting amended— ‘‘biennium’’; and ‘‘the applicable fiscal year’’. (A) by striking ‘‘the prior fiscal year’’ and (B) striking ‘‘that year’’ and inserting SEC. 303. AMENDMENTS TO TITLE 31, UNITED inserting ‘‘each of the 2 most recently com- ‘‘each fiscal year of that biennium’’. STATES CODE. pleted fiscal years’’; (f) PERMISSIBLE REVISIONS OF CONCURRENT (a) DEFINITION.—Section 1101 of title 31, (B) by striking ‘‘for that year’’ and insert- RESOLUTIONS ON THE BUDGET.—Section 304(a) United States Code, is amended by adding at ing ‘‘with respect to those fiscal years’’; and of such Act (2 U.S.C. 635) is amended— the end thereof the following new paragraph: (C) by striking ‘‘in that year’’ each place it (1) by striking ‘‘fiscal year’’ the first two ‘‘(3) ‘biennium’ has the meaning given to appears and inserting ‘‘in those fiscal years’’. places it appears and inserting ‘‘biennium’’; such term in paragraph (11) of section 3 of (c) ESTIMATED EXPENDITURES OF LEGISLA- (2) by striking ‘‘for such fiscal year’’; and the Congressional Budget and Impoundment TIVE AND JUDICIAL BRANCHES.—Section (3) by inserting before the period ‘‘for such Control Act of 1974 (2 U.S.C. 622(11)).’’. 1105(b) of title 31, United States Code, is biennium’’. (b) BUDGET CONTENTS AND SUBMISSION TO amended by striking ‘‘each year’’ and insert- (g) PROCEDURES FOR CONSIDERATION OF THE CONGRESS.— ing ‘‘each even-numbered year’’. BUDGET RESOLUTIONS.—Section 305(a)(3) of (1) SCHEDULE.—The matter preceding para- (d) RECOMMENDATIONS TO MEET ESTIMATED such Act (2 U.S.C. 636(b)(3)) is amended by graph (1) in section 1105(a) of title 31, United DEFICIENCIES.—Section 1105(c) of title 31, striking ‘‘fiscal year’’ and inserting ‘‘bien- States Code, is amended to read as follows: United States Code, is amended— nium’’. ‘‘(a) On or before the first Monday in Feb- (1) by striking ‘‘the fiscal year for’’ the (h) COMPLETION OF HOUSE ACTION ON AP- ruary of each odd-numbered year (or, if ap- first place it appears and inserting ‘‘each fis- PROPRIATION BILLS.—Section 307 of such Act plicable, as provided by section 300(b) of the cal year in the biennium for’’; (2 U.S.C. 638) is amended— Congressional Budget Act of 1974), beginning (2) by striking ‘‘the fiscal year for’’ the (1) by striking ‘‘each year’’ and inserting with the One Hundred Seventh Congress, the second place it appears and inserting ‘‘each ‘‘each odd-numbered year’’; President shall transmit to the Congress, the fiscal year of the biennium, as the case may (2) by striking ‘‘annual’’ and inserting ‘‘bi- budget for the biennium beginning on Octo- be,’’; and ennial’’; ber 1 of such calendar year. The budget (3) by striking ‘‘that year’’ and inserting (3) by striking ‘‘fiscal year’’ and inserting transmitted under this subsection shall in- ‘‘for each year of the biennium’’. ‘‘biennium’’; and clude a budget message and summary and (e) CAPITAL INVESTMENT ANALYSIS.—Sec- (4) by striking ‘‘that year’’ and inserting supporting information. The President shall tion 1105(e)(1) of title 31, United States Code, ‘‘each odd-numbered year’’. include in each budget the following:’’. is amended by striking ‘‘ensuing fiscal year’’ (i) COMPLETION OF ACTION ON REGULAR AP- (2) EXPENDITURES.—Section 1105(a)(5) of and inserting ‘‘biennium to which such budg- PROPRIATION BILLS.—Section 309 of such Act title 31, United States Code, is amended by et relates’’. (2 U.S.C. 640) is amended— striking ‘‘the fiscal year for which the budg- (f) SUPPLEMENTAL BUDGET ESTIMATES AND (1) by inserting ‘‘of any odd-numbered cal- et is submitted and the 4 fiscal years after CHANGES.— endar year’’ after ‘‘July’’; that year’’ and inserting ‘‘each fiscal year in (1) IN GENERAL.—Section 1106(a) of title 31, (2) by striking ‘‘annual’’ and inserting ‘‘bi- the biennium for which the budget is sub- United States Code, is amended— ennial’’; and mitted and in the succeeding 4 years’’. (A) in the matter preceding paragraph (1), (3) by striking ‘‘fiscal year’’ and inserting (3) RECEIPTS.—Section 1105(a)(6) of title 31, by— ‘‘biennium’’. United States Code, is amended by striking (i) striking ‘‘Before July 16 of each year,’’ (j) RECONCILIATION PROCESS.—Section ‘‘the fiscal year for which the budget is sub- and inserting ‘‘Before February 15 of each 310(a) of such Act (2 U.S.C. 641(a)) is amend- mitted and the 4 fiscal years after that year’’ even numbered year,’’; and ed— and inserting ‘‘each fiscal year in the bien- (ii) striking ‘‘fiscal year’’ and inserting (1) in the matter preceding paragraph (1), nium for which the budget is submitted and ‘‘biennium’’; by striking ‘‘any fiscal year’’ and inserting in the succeeding 4 years’’. (B) in paragraph (1), by striking ‘‘that fis- ‘‘any biennium’’; and (4) BALANCE STATEMENTS.—Section cal year’’ and inserting ‘‘each fiscal year in (2) in paragraph (1) by striking ‘‘such fiscal 1105(a)(9)(C) of title 31, United States Code, is such biennium’’; year’’ each place it appears and inserting amended by striking ‘‘the fiscal year’’ and (C) in paragraph (2), by striking ‘‘4 fiscal ‘‘any fiscal year covered by such resolution’’. inserting ‘‘each fiscal year in the biennium’’. years following the fiscal year’’ and insert- (k) SECTION 311 POINT OF ORDER.— (5) FUNCTIONS AND ACTIVITIES.—Section ing ‘‘4 fiscal years following the biennium’’; (1) IN THE HOUSE.—Section 311(a)(1) of such 1105(a)(12) of title 31, United States Code, is and Act (2 U.S.C. 642(a)) is amended— amended in subparagraph (A), by striking (D) in paragraph (3), by striking ‘‘fiscal (A) by striking ‘‘for a fiscal year’’ and in- ‘‘the fiscal year’’ and inserting ‘‘each fiscal year’’ and inserting ‘‘biennium’’. serting ‘‘for a biennium’’; year in the biennium’’. (2) CHANGES.—Section 1106(b) of title 31, (B) by striking ‘‘the first fiscal year’’ each (6) ALLOWANCES.—Section 1105(a)(13) of United States Code, is amended by— place it appears and inserting ‘‘either fiscal title 31, United States Code, is amended by (A) striking ‘‘the fiscal year’’ and inserting year of the biennium’’; and striking ‘‘the fiscal year’’ and inserting ‘‘each fiscal year in the biennium’’; (C) by striking ‘‘that first fiscal year’’ and ‘‘each fiscal year in the biennium’’. (B) striking ‘‘April 11 and July 16 of each inserting ‘‘each fiscal year in the biennium’’. (7) ALLOWANCES FOR UNCONTROLLED EX- year’’ and inserting ‘‘February 15 of each (2) IN THE SENATE.—Section 311(a)(2) of PENDITURES.—Section 1105(a)(14) of title 31, even-numbered year’’; and such Act is amended— United States Code, is amended by striking (C) striking ‘‘July 16’’ and inserting ‘‘Feb- (A) in subparagraph (A), by striking ‘‘for ‘‘that year’’ and inserting ‘‘each fiscal year ruary 15 of each even-numbered year.’’. the first fiscal year’’ and inserting ‘‘for ei- in the biennium for which the budget is sub- (g) CURRENT PROGRAMS AND ACTIVITIES ES- ther fiscal year of the biennium’’; and mitted’’. TIMATES.—

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(1) IN GENERAL.—Section 1109(a) of title 31, ‘‘Sec. 319. Authorizations of appropria- and inserting ‘‘including a strategic plan United States Code, is amended— tions.’’. submitted by September 30, 2003 meeting the (A) by striking ‘‘On or before the first SEC. 306. GOVERNMENT PLANS ON A BIENNIAL requirements of subsection (a)’’. Monday after January 3 of each year (on or BASIS. (g) PERFORMANCE PLANS.—Section 2803(a) before February 5 in 1986)’’ and inserting ‘‘At (a) STRATEGIC PLANS.—Section 306 of title of title 39, United States Code, is amended— the same time the budget required by section 5, United States Code, is amended— (1) in the matter before paragraph (1), by 1105 is submitted for a biennium’’; and (1) in subsection (a), by striking ‘‘Sep- striking ‘‘an annual’’ and inserting ‘‘a bien- (B) by striking ‘‘the following fiscal year’’ tember 30, 1997’’ and inserting ‘‘September nial’’; and inserting ‘‘each fiscal year of such pe- 30, 2003’’; (2) in paragraph (1), by inserting after riod’’. (2) in subsection (b)— ‘‘program activity’’ the following: ‘‘for both (2) JOINT ECONOMIC COMMITTEE.—Section (A) by striking ‘‘at least every three years 1 and 2 of the biennial plan’’; 1109(b) of title 31, United States Code, is years’’ and inserting ‘‘at least every 4 (3) in paragraph (5), by striking ‘‘and’’ amended by striking ‘‘March 1 of each year’’ years’’; and after the semicolon; and inserting ‘‘within 6 weeks of the Presi- (B) by striking ‘‘five years forward’’ and (4) in paragraph (6), by striking the period dent’s budget submission for each odd-num- inserting ‘‘six years forward’’; and and inserting ‘‘; and’’; and bered year (or, if applicable, as provided by (3) in subsection (c), by inserting a comma (5) by adding after paragraph (6) the fol- section 300(b) of the Congressional Budget after ‘‘section’’ the second place it appears lowing: Act of 1974)’’. and adding ‘‘including a strategic plan sub- ‘‘(7) cover a 2-year period beginning with (h) YEAR-AHEAD REQUESTS FOR AUTHOR- mitted by September 30, 2003 meeting the re- the first fiscal year of the next biennial IZING LEGISLATION.—Section 1110 of title 31, quirements of subsection (a)’’. budget cycle.’’. United States Code, is amended by— (b) BUDGET CONTENTS AND SUBMISSION TO (h) COMMITTEE VIEWS OF PLANS AND RE- (1) striking ‘‘May 16’’ and inserting ‘‘March CONGRESS.—Paragraph (28) of section 1105(a) PORTS.—Section 301(d) of the Congressional 31’’; and of title 31, United States Code, is amended by Budget Act (2 U.S.C. 632(d)) is amended by (2) striking ‘‘year before the year in which striking ‘‘beginning with fiscal year 1999, a’’ adding at the end ‘‘Each committee of the the fiscal year begins’’ and inserting ‘‘cal- and inserting ‘‘beginning with fiscal year Senate or the House of Representatives shall endar year preceding the calendar year in 2004, a biennial’’. review the strategic plans, performance which the biennium begins’’. (c) PERFORMANCE PLANS.—Section 1115 of plans, and performance reports, required SEC. 304. TWO-YEAR APPROPRIATIONS; TITLE title 31, United States Code, is amended— under section 306 of title 5, United States AND STYLE OF APPROPRIATIONS (1) in subsection (a)— Code, and sections 1115 and 1116 of title 31, ACTS. (A) in the matter before paragraph (1)— United States Code, of all agencies under the Section 105 of title 1, United States Code, (i) by striking ‘‘section 1105(a)(29)’’ and in- jurisdiction of the committee. Each com- is amended to read as follows: serting ‘‘section 1105(a)(28)’’; and mittee may provide its views on such plans or reports to the Committee on the Budget ‘‘§ 105. Title and style of appropriations Acts (ii) by striking ‘‘an annual’’ and inserting ‘‘a biennial’’; of the applicable House.’’. ‘‘(a) The style and title of all Acts making (B) in paragraph (1) by inserting after (i) EFFECTIVE DATE.— appropriations for the support of the Govern- ‘‘program activity’’ the following: ‘‘for both (1) IN GENERAL.—The amendments made by ment shall be as follows: ‘An Act making ap- years 1 and 2 of the biennial plan’’; this section shall take effect on March 1, propriations (here insert the object) for each (C) in paragraph (5) by striking ‘‘and’’ after 2003. fiscal year in the biennium of fiscal years the semicolon, (2) AGENCY ACTIONS.—Effective on and after (here insert the fiscal years of the bien- (D) in paragraph (6) by striking the period the date of enactment of this Act, each agen- nium).’. cy shall take such actions as necessary to ‘‘(b) All Acts making regular appropria- and inserting a semicolon; and inserting ‘‘and’’ after the inserted semicolon; and prepare and submit any plan or report in actions for the support of the Government cordance with the amendments made by this shall be enacted for a biennium and shall (E) by adding after paragraph (6) the following: Act. specify the amount of appropriations pro- SEC. 307. BIENNIAL APPROPRIATIONS BILLS. vided for each fiscal year in such period. ‘‘(7) cover a 2-year period beginning with the first fiscal year of the next biennial (a) IN GENERAL.—Title III of the Congres- ‘‘(c) For purposes of this section, the term sional Budget Act of 1974 (2 U.S.C. 631 et seq.) ‘biennium’ has the same meaning as in sec- budget cycle.’’; (2) in subsection (d) by striking ‘‘annual’’ is amended by adding at the end the fol- tion 3(11) of the Congressional Budget and lowing: Impoundment Control Act of 1974 (2 U.S.C. and inserting ‘‘biennial’’; and ‘‘CONSIDERATION OF BIENNIAL APPROPRIATIONS 622(11)).’’. (3) in paragraph (6) of subsection (f) by striking ‘‘annual’’ and inserting ‘‘biennial’’. BILLS SEC. 305. MULTIYEAR AUTHORIZATIONS. (d) MANAGERIAL ACCOUNTABILITY AND ‘‘SEC. 320. It shall not be in order in the (a) IN GENERAL.—Title III of the Congres- FLEXIBILITY.—Section 9703 of title 31, United House of Representatives or the Senate in sional Budget Act of 1974 is amended by add- States Code, relating to managerial account- any odd-numbered year to consider any reg- ing at the end the following new section: ability, is amended— ular bill providing new budget authority or a ‘‘AUTHORIZATIONS OF APPROPRIATIONS (1) in subsection (a)— limitation on obligations under the jurisdic- ‘‘SEC. 319. (a) POINT OF ORDER.—It shall not (A) in the first sentence by striking ‘‘an- tion of any of the subcommittees of the Com- be in order in the House of Representatives nual’’; and mittees on Appropriations for only the first or the Senate to consider— (B) by striking ‘‘section 1105(a)(29)’’ and in- fiscal year of a biennium, unless the pro- ‘‘(1) any bill, joint resolution, amendment, serting ‘‘section 1105(a)(28)’’; gram, project, or activity for which the new motion, or conference report that authorizes (2) in subsection (e)— budget authority or obligation limitation is appropriations for a period of less than 2 fis- (A) in the first sentence by striking ‘‘one provided will require no additional authority cal years, unless the program, project, or ac- or’’ before ‘‘years’’; beyond 1 year and will be completed or ter- tivity for which the appropriations are au- (B) in the second sentence by striking ‘‘a minated after the amount provided has been thorized will require no further appropria- subsequent year’’ and inserting ‘‘for a subse- expended.’’. tions and will be completed or terminated quent 2-year period’’; and (b) AMENDMENT TO TABLE OF CONTENTS.— after the appropriations have been expended; (C) in the third sentence by striking The table of contents set forth in section 1(b) and ‘‘three’’ and inserting ‘‘four’’. of the Congressional Budget and Impound- ‘‘(2) in any odd-numbered year, any author- (e) PILOT PROJECTS FOR PERFORMANCE ment Control Act of 1974 is amended by add- ization or revenue bill or joint resolution BUDGETING.—Section 1119 of title 31, United ing after the item relating to section 313 the until Congress completes action on the bien- States Code, is amended— following new item: nial budget resolution, all regular biennial (1) in paragraph (1) of subsection (d), by ‘‘Sec. 320. Consideration of biennial appro- appropriations bills, and all reconciliation striking ‘‘annual’’ and inserting ‘‘biennial’’; priations bills.’’. bills. and SEC. 308. REPORT ON TWO-YEAR FISCAL PERIOD. ‘‘(b) APPLICABILITY.—In the Senate, sub- (2) in subsection (e), by striking ‘‘annual’’ Not later than 180 days after the date of section (a) shall not apply to— and inserting ‘‘biennial’’. enactment of this subpart, the Director of ‘‘(1) any measure that is privileged for con- (f) STRATEGIC PLANS.—Section 2802 of title OMB shall— sideration pursuant to a rule or statute; 39, United States Code, is amended— (1) determine the impact and feasibility of ‘‘(2) any matter considered in Executive (1) is subsection (a), by striking ‘‘Sep- changing the definition of a fiscal year and Session; or tember 30, 1997’’ and inserting ‘‘September the budget process based on that definition ‘‘(3) an appropriations measure or rec- 30, 2003’’; to a 2-year fiscal period with a biennial budg- onciliation bill.’’. (2) in subsection (b), by striking ‘‘at least et process based on the 2-year period; and (b) AMENDMENT TO TABLE OF CONTENTS.— every three years’’ and inserting ‘‘at least (2) report the findings of the study to the The table of contents set forth in section 1(b) every 4 years’’; Committees on the Budget of the House of of the Congressional Budget and Impound- (3) by striking ‘‘five years forward’’ and in- Representatives and the Senate. ment Control Act of 1974 is amended by add- serting ‘‘six years forward’’; and SEC. 309. EFFECTIVE DATE. ing after the item relating to section 313 the (4) in subsection (c), by inserting a comma (a) IN GENERAL.—Except as provided in sec- following new item: after ‘‘section’’ the second place it appears tions 306 and 308 and subsection (b), this title

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 17, 2002 CONGRESSIONAL RECORD — SENATE S10687 and the amendments made by this title shall (ii) emergency spending; SEC. 404. STAFF AND SUPPORT SERVICES. take effect on January 1, 2003, and shall (iii) the cost of holding fixed assets (cost of (a) STAFF.—With the advance approval of apply to budget resolutions and appropria- capital); the Commission, the executive director may tions for the biennium beginning with fiscal (iv) sales of physical assets; and appoint such personnel as is appropriate. The year 2004. (v) seigniorage on coins and currency? staff of the Commission shall be appointed (b) AUTHORIZATIONS FOR THE BIENNIUM.— (M) When policy changes have strong but without regard to political affiliation and For purposes of authorizations for the bien- indirect feedback effects on revenues and without regard to the provisions of title 5, nium beginning with fiscal year 2004, the other aggregates, should they be reported in United States Code, governing appointments provisions of this title and the amendments budget estimates? in the competitive service, and may be paid made by this title relating to 2-year author- (N) How should the policies that are one- without regard to the provisions of chapter izations shall take effect January 1, 2003. sided bets on economic events (probabilistic 51 and subchapter III of chapter 53 of such TITLE IV—COMMISSION ON FEDERAL scoring) be represented in the budget? title relating to classifications and General BUDGET CONCEPTS (b) POWERS OF THE COMMISSION.— Schedule pay rates. (1) CONDUCT OF BUSINESS.—The Commission (b) EXECUTIVE DIRECTOR.—The Chairman SEC. 401. ESTABLISHMENT OF COMMISSION ON may hold hearings, take testimony, receive FEDERAL BUDGET CONCEPTS. shall appoint an executive director, who There is established a commission to be evidence, and undertake such other activi- shall be paid the rate of basic pay for level II known as the Commission on Federal Budget ties necessary to carry out its duties. of the Executive Schedule. (2) ACCESS TO INFORMATION.—The Commis- Concepts (referred to in this title as the (c) EXPERTS AND CONSULTANTS.—With the sion may secure directly from any depart- ‘‘Commission’’). advance approval of the Commission, the ex- ment of agency of the United States infor- ecutive director may procure temporary and SEC. 402. POWERS AND DUTIES OF COMMISSION. mation necessary to carry out its duties. intermittent services under section 3109(b) of (a) DUTIES OF THE COMMISSION.— Upon request of the Chair of the Commis- title 5, United States Code. (1) IN GENERAL.—The duties of the Commis- sion, the head of that department or agency (d) TECHNICAL AND ADMINISTRATIVE ASSIST- sion shall include— shall furnish that information to the Com- ANCE.—Upon the request of the Commis- (A) a review of the 1967 report of the Presi- mission. sion— dent’s Commission on Budget Concepts and (3) POSTAL SERVICE.—The Commission may (1) the head of any agency, office, or estab- assessment of the implementation of the rec- use the United States mails in the same lishment within the executive or legislative ommendations of that report; manner and under the same conditions as branches of the United States shall provide, (B) identification and evaluation of the other departments and agencies of the without reimbursement, such technical as- structure, concepts, classifications, and United States. sistance as the Commission determines is bases of accounting of the Federal budget; SEC. 403. MEMBERSHIP. necessary to carry out its duties; and (C) identification of any applicable general (a) MEMBERSHIP.—The Commission shall be (2) the Administrator of the General Serv- accounting principles and practices in the composed of 12 members as follows: ices Administration shall provide, on a reim- private sector and evaluation of their value (1) Three members appointed by the chair- bursable basis, such administrative support to budget practices in the Federal sector; man of the Committee on the Budget of the services as the Commission may require. (D) a report that shall include rec- Senate. (e) DETAIL OF FEDERAL PERSONNEL.—Upon ommendations for modifications to the (2) Three members appointed by the chair- the request of the Commission, the head of structure, concepts, classifications, and man of the Committee on the Budget of the an agency, office, or establishment in the ex- bases of accounting of the Federal budget House of Representatives. ecutive or legislative branch of the United that would enhance the usefulness of the (3) Three members appointed by the rank- States is authorized to detail, without reim- budget for public policy and financial plan- ing member of the Committee on the Budget bursement, any of the personnel of that ning. of the Senate. agency, office, or establishment to the Com- (2) SPECIFIC AREAS OF CONSIDERATION.—Spe- (4) Three members appointed by the rank- mission to assist the Commission in carrying cific areas for consideration by the Commis- ing member of the Committee on the Budget out its duties. Any such detail shall not in- sion shall include the following: of the House of Representatives. terrupt or otherwise affect the employment (A) Should part ownership by the Govern- (b) QUALIFICATIONS AND TERM.— status or privileges of that employee. ment be sufficient to make an entity Federal (1) QUALIFICATIONS.—Members appointed to (f) CBO.—The Director of the Congres- and to include it in the budget? the Commission pursuant to subsection (a) sional Budget Office shall provide the Com- (B) When is Federal control of an entity, shall— mission with its latest research on the accu- including control exercised through Federal (A) have expertise and experience in the racy of its past budget and economic projec- regulations, sufficient to cause it to be in- fields or disciplines related to the subject tions as compared to those of the Office of cluded in the budget? areas to be considered by the Commission; Management and Budget and, if possible, (C) Are privately owned assets under long- and those of private sector forecasters. The Com- term leases to the Federal Government effec- (B) not be Members of Congress. mission shall work with the Directors of the tively purchased by the Government during (2) TERM OF APPOINTMENT.—The term of an Congressional Budget Office and the Office of the lease period? appointment to the Commission shall be for Management and Budget in their efforts to (D) Should there be an ‘‘off-budget’’ sec- the life of the Commission. explain the factors affecting the accuracy of tion of the budget? How should the Federal (3) CHAIR AND VICE CHAIR.—The Chair and budget projections. Government differentiate between spending Vice Chair may be elected from among the SEC. 405. REPORT. and receipts? members of the Commission. The Vice Chair Not later than lllll, the Commission (E) Should the total costs of refundable tax shall assume the duties of the Chair in the shall transmit a report to the President and credits belong on the spending side of the Chair’s absence. to each House of Congress. The report shall budget? (c) MEETINGS; QUORUM; AND VACANCIES.— contain a detailed statement of the findings (F) When should Federal Reserve earnings (1) MEETINGS.—The Commission shall meet and conclusions of the Commission, together be reported as receipts or offsetting receipts at least once a month on a day to be decided with its recommendations for such legisla- (negative spending) in the net interest por- by the Commission. The Commission may tive or administrative actions as it considers tion of the budget? meet at such other times at the call of the appropriate. No finding, conclusion, or rec- (G) What is a ‘‘user fee’’ and under what Chair or of a majority of its voting members. ommendation may be made by the Commis- circumstances is it properly an offset to The meetings of the Commission shall be sion unless approved by a majority of those spending or a governmental receipt? What open to the public, unless by public vote, the voting, a quorum being present. At the re- uses do trust funds have? Commission shall determine to close a meet- quest of any Commission member, the report (H) Do trust fund balances provide mis- ing or any portion of a meeting to the public. shall include that member’s dissenting find- leading information? Do the roughly 200 (2) QUORUM.—A majority of the voting ings, conclusions, or recommendations. trust funds add clarity or confusion to the membership shall constitute a quorum of the SEC. 406. TERMINATION. budget process? Commission, except that 3 or more voting The Commission shall terminate 30 days (I) Are there better ways than trust fund members may conduct hearings. after the date of transmission of the report accounting to identify long-term liabilities? (3) VACANCIES.—A vacancy on the Commis- required in section 405. (J) Should accrual budgetary accounting sion shall be filled in the same manner in SEC. 407. FUNDING. be adopted for Federal retirement, military which the original appointment was filled There are authorized to be appropriated retirement, or Social Security and other en- under subsection (a). not more than $1,000,000 to carry out this titlements? (d) COMPENSATION AND EXPENSES.—Mem- title. Sums so appropriated shall remain (K) Are off-budget accounts suitable for bers of the Commission shall serve without available until expended. capturing accruals in the budget? pay for their service on the Commission, but Mr. FEINGOLD. Mr. President, I am (L) What is the appropriate budgetary may receive travel expenses, including per treatment of— diem in lieu of subsistence, at rates author- pleased to join today with my Col- (i) purchases and sales of financial assets, ized for employees of agencies under sub- league from Ohio, Mr. VOINOVICH, to in- including equities, bonds, and foreign cur- chapter I of chapter 57 of title 5, United troduce the Truth in Budgeting and So- rencies; States Code. cial Security Protection Act of 2002.

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10688 CONGRESSIONAL RECORD — SENATE October 17, 2002 This bill collects a variety of budget We must stop using Social Security prove our economy through commerce process ideas to help protect Social Se- surpluses to fund other government and job creation, increase personal mo- curity, promote balanced budgets, and programs. We must stop piling up debt bility and make our roads safer. improve government accounting prac- for our children to pay off. We must Second, the MEGA FUND ACT con- tices. I hope that this effort will help enact major reforms of the budget tinues the basic program structure and spur greater debate and action to re- process. formulas from TEA–21. The current store fiscal discipline. I hope that this effort will contribute TEA–21 minimum guarantee formula is Our government’s finances have to those ends. extended. taken a dire turn in the last year-and- Also, the bill would continue to focus a-half. While in January of last year By Mr. BAUCUS (for himself, Mr. funding on the core programs adminis- the Congressional Budget Office pro- CRAPO, and Mr. CRAIG): tered by the States: Interstate Mainte- jected that, in the fiscal year just S. 3132. A bill to improve the econ- nance, National Highway System, Sur- ended, fiscal year 2002, the government omy and the quality of life for all citi- face Transportation Program, Bridge, would run a unified budget surplus of zens by authorizing funds for Federal- Congestion Mitigation and Air Quality $313 billion, now it projects a unified aid highways, and for other purposes; Improvement, and the Minimum Guar- budget deficit of $157 billion. to the Committee on Environment and antee. These key programs would con- And not counting Social Security Public Works. stitute approximately the same propor- surpluses, the picture is even worse. tion of the overall program as under While in January of last year CBO pro- By Mr. BAUCUS (for himself, Mr. TEA–21. jected that for fiscal year 2002, the gov- CRAPO, and Mr. CRAIG): Third, a new category is added to aid ernment would run a surplus of $142 S. 3133. A bill to amend the Internal states in overcoming economic and de- billion, without using Social Security Revenue Code of 1986 to make funding mographic barriers. The bill would cre- surpluses, now it projects a deficit of available to carry out the Maximum ate a new program, at $2 billion annu- $314 billion, not counting Social Secu- Economic Growth for America Through ally, to assist States in dealing with rity. Highway Funding Act; to the Com- certain economic and demographic We must stop running deficits be- mittee on Finance. hardships. cause they cause the government to Mr. BAUCUS. Mr. President, I rise This would be a new type of program, use the surpluses of the Social Security today to introduce two bills, the Max- not subject to the minimum guarantee. Trust Fund for other government pur- imum Economic Growth for America It is not keyed to specific project types poses, rather than to pay down the debt Through Highway Funding Act’’, or but to types of problems facing States. and help our Nation prepare for the ‘‘MEGA FUND ACT’’—Parts one and States with very high growth rates, coming retirement of the Baby Boom two. high population density, low popu- generation. The MEGA FUND ACT is intended to lation density, or low per capita in- And we must stop running deficits do exactly what its name suggest, incomes, for example, face real chal- because every dollar that we add to the crease Federal investment in our Na- lenges. Federal debt is another dollar that we tion’s highway system. That is an im- This different approach lets States are forcing our children to pay back in portant objective. Highway invest- facing those problems receive funds higher taxes or fewer government bene- ments create jobs, increase the produc- and pick the projects. Every one of the fits. When the government in this gen- tivity of our economy, and improve the 50 States would receive significant eration chooses to spend on current quality of life for all Americans. funding under this program every year. consumption and to accumulate debt In 1998 Congress passed one of the The MEGA FUND ACT continues for our children’s generation to pay, it most successful and bipartisan bills in firewalls and improves RABA. One of does nothing less than rob our children recent memory, the ‘‘Transportation the great contributions of TEA–21 is of their own choices. We make our Equity Act for the 21st Century’’, bet- that it provides the highway program choices to spend on our wants, but we ter known as ‘‘TEA–21.’’ I am honored protection under the budget procedures saddle them with debts that they must to have been an author of that piece of of Congress. pay from their tax dollars and their legislation. These ‘‘firewall’’ provisions enable hard work. And the government should The MEGA FUND ACT builds on the our citizens to be confident that high- not do that. success of the highway elements of way taxes will be invested in highways, That is why I am joining with my TEA–21, keeping nearly all of its struc- not saved or diverted. Colleague from Ohio to introduce this ture in place and increasing funding TEA–21 also established Revenue bill to improve the budget process levels. Aligned Budget Authority, or RABA. today. We need to strengthen the budg- There are several major aspects of The principle of RABA is that, if funds et process. We need to do more. this legislation. available for the highway program ex- Our bill would: extend the discre- First, the MEGA FUND ACT signifi- ceed expectations, then additional tionary spending caps and the pay-as- cantly increases highway program lev- money can be put to work in the high- you-go rules for 5 years, strengthen the els. The principal feature of the bill is way program. This bill would continue enforcement of those budget rules, help its increased funding for the program, those important provisions with im- protect Social Security surpluses, in- something that will help all States and provements. stitute biennial budgeting, improve ac- all citizens. Under TEA–21, as amended, One key improvement is the elimi- counting for long-term costs of legisla- the total obligation authority for FY nation of so-called ‘‘negative RABA.’’ tion, improve accounting for federal in- 2003 is $28.485 billion. Under the bill, there are only auto- surance programs, highlight the full Under the 6 years of the MEGA matic upward adjustments in obliga- expenses, including interest costs, of FUND ACT, the comparable program tion levels under RABA. These adjust- spending or tax cuts, and create a new level would grow to $34.839 billion in ments would still take place when the commission to study the budget proc- FY 2004 and to $41.839 billion by FY Highway Account balance is finan- ess. 2009. cially stronger than initially esti- Together, these budget process pro- These funding increases will be en- mated. posals would go a long way toward in- abled by enactment of legislation that Another key reform would focus creasing the responsibility of the Fed- I have already introduced with Senator RABA calculations on the actual bal- eral budget. I hope that between now CRAPO, S. 2678, the Mega Trust Act and ance in the Highway Account, rather and the beginning of the next Congress, S. 3097, MEGA INNOVATE ACT. than on annual revenues. my Colleagues and observers of the While these program levels represent This important reform will help en- budget process will review these pro- a substantial increase, the needs of our sure that monies in the Highway Ac- posals, perhaps build on them, and then highway system are even greater. So, count of the Highway Trust Fund are join with us in a major effort to the program levels in the bill represent invested and not allowed to build up to strengthen the budget process next only a down payment on the invest- a large balance. Today’s RABA did not year. ment in highways that is needed to im- preclude a build up of funds in the

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 17, 2002 CONGRESSIONAL RECORD — SENATE S10689 Highway Account, delaying the deliv- through the economic and demographic there is authorized to be appropriated out of ery of needed highway investments to barriers program and through some in- the Highway Trust Fund (other than the our citizens. novations in other programs not sub- Mass Transit Account) $2,000,000,000 for each of fiscal years 2004 through 2009. The MEGA FUND ACT increased the ject to the minimum guarantee. (c) ADDITIONAL PROGRAMS.—The following stability of distributions to states I ask unanimous consent that a sec- sums are authorized to be appropriated out under the allocation programs. The bill tion-by-section analysis of both bills be of the Highway Trust Fund (other than the includes proposed revisions to several printed in the RECORD. Mass Transit Account): so-called ‘‘allocation’’ programs that There being no objection, the addi- (1) FEDERAL LANDS HIGHWAYS PROGRAM.— will increase funding for all States. tional material was ordered to be (A) INDIAN RESERVATION ROADS.—For In- dian reservation roads under section 204 of Today, large portions of the program printed in the RECORD, as follows: funds that are not apportioned to title 23, United States Code, $300,000,000 for S. 3132 each of fiscal years 2004 through 2009. States are distributed on a discre- Be it enacted by the Senate and House of Rep- (B) PUBLIC LANDS HIGHWAYS.—For public tionary basis. This bill would leave resentatives of the United States of America in lands highways under section 204 of title 23, portions of the program subject to dis- Congress assembled, United States Code, $350,000,000 for each of cretion, but move the allocation pro- SECTION 1. SHORT TITLE. fiscal years 2004 through 2009. grams, collectively, in a general direc- This Act may be cited as the ‘‘Maximum (C) PARK ROADS AND PARKWAYS.—For park tion that would provide States greater Economic Growth for America Through roads and parkways under section 204 of title certainty that they will be partici- Highway Funding Act’’ or the ‘‘MEGA Fund 23, United States Code, $300,000,000 for each pating in allocation program funds. Act’’. of fiscal years 2004 through 2009. (D) REFUGE ROADS.—For refuge roads under Specifically, the bill makes modest SEC. 2. AUTHORIZATION OF APPROPRIATIONS. section 204 of title 23, United States Code, (a) PROGRAMS SUBJECT TO MINIMUM GUAR- changes to the Intelligent Transpor- $35,000,000 for each of fiscal years 2004 ANTEE.—The following sums are authorized tation System, ITS, program and to through 2009. to be appropriated out of the Highway Trust the Transportation and Community (2) NATIONAL CORRIDOR PLANNING AND DE- Fund (other than the Mass Transit Account): and System Preservation Pilot, TCSP, VELOPMENT PROGRAM.—For the national cor- (1) INTERSTATE MAINTENANCE PROGRAM.— ridor planning and development program program, to ensure that some of those For the Interstate maintenance program under section 1118 of the Transportation Eq- funds find their way into every State. under section 119 of title 23, United States uity Act for the 21st Century (23 U.S.C. 101 Another modest change will ensure Code, $4,864,000,000 for fiscal year 2004, note; 112 Stat. 161) $100,000,000 for each of fis- that each State with a border receives $5,020,000,000 for fiscal year 2005, $5,176,000,000 cal years 2004 through 2009. at least some funding under the bor- for fiscal year 2006, $5,333,000,000 for fiscal (3) COORDINATED BORDER INFRASTRUCTURE year 2007, $5,645,000,000 for fiscal year 2008, ders and corridors programs, and that PROGRAM.—For the coordinated border infra- and $5,958,000,000 for fiscal year 2009. States with significant public lands re- structure program under section 1119 of the (2) NATIONAL HIGHWAY SYSTEM.—For the ceive at least some public lands discre- Transportation Equity Act for the 21st Cen- National Highway System under section tury (23 U.S.C. 101 note; 112 Stat. 163) tionary funding. 103(b) of title 23, United States Code, $100,000,000 for each of fiscal years 2004 Let me say a few things about what $5,836,000,000 for fiscal year 2004, $6,024,000,000 through 2009. is not addressed in this bill. The MEGA for fiscal year 2005, $6,212,000,000 for fiscal (4) CONSTRUCTION OF FERRY BOATS AND FUND ACT sets forth an outline for the year 2006, $6,399,000,000 for fiscal year 2007, FERRY TERMINAL FACILITIES.—For construc- highway program. It does not address $6,774,000,000 for fiscal year 2008, and tion of ferry boats and ferry terminal facili- $7,150,000,000 for fiscal year 2009. the transit program that is within the ties under section 1064 of the Intermodal (3) BRIDGE PROGRAM.—For the bridge pro- jurisdiction of the Banking Committee, Surface Transportation Efficiency Act of gram under section 144 of title 23, United or the highway safety programs within 1991 (23 U.S.C. 129 note; 105 Stat. 2005) States Code, $4,173,000,000 for fiscal year 2004, $50,000,000 for each of fiscal years 2004 the jurisdiction of the Commerce Com- $4,307,000,000 for fiscal year 2005, $4,442,000,000 through 2009. mittee, or the revenue for the highway for fiscal year 2006, $4,576,000,000 for fiscal (5) NATIONAL SCENIC BYWAYS PROGRAM.— program that is within the jurisdiction year 2007, $4,844,000,000 for fiscal year 2008, For the national scenic byways program of the Finance Committee. and $5,112,000,000 for fiscal year 2009. under section 162 of title 23, United States My proposals for those issues are in (4) SURFACE TRANSPORTATION PROGRAM.— Code, $30,000,000 for each of fiscal years 2004 For the surface transportation program previous bills that I have introduced— through 2009. under section 133 of title 23, United States MEGA RED TRANS, MEGA SAFE, (6) HIGHWAY USE TAX EVASION PROJECTS.— Code, $6,809,000,000 for fiscal year 2004, MEGA STREAM, MEGA TRUST, For highway use tax evasion projects under $7,028,000,000 for fiscal year 2005, $7,247,000,000 MEGA INNOVATE and today, MEGA section 143 of title 23, United States Code, for fiscal year 2006, $7,466,000,000 for fiscal $40,000,000 for each of fiscal years 2004 FUND, Part II. Those are important year 2007, $7,903,000,000 for fiscal year 2008, through 2009. matters that also must be addressed as and $8,341,000,000 for fiscal year 2009. (7) COMMONWEALTH OF PUERTO RICO HIGH- part of the final overall legislation (5) CONGESTION MITIGATION AND AIR QUALITY WAY PROGRAM.—For the Commonwealth of that will extend and build upon TEA– IMPROVEMENT PROGRAM.—For the congestion Puerto Rico highway program under section mitigation and air quality improvement pro- 21. 1214(r) of the Transportation Equity Act for gram under section 149 of title 23, United As for MEGA FUND Part II, this bill the 21st Century (112 Stat. 209) $130,000,000 for States Code, $1,654,000,000 for fiscal year 2004, although short and simple, actually each of fiscal years 2004 through 2009. $1,707,000,000 for fiscal year 2005, $1,760,000,000 represents the most important step in (d) TRANSPORTATION AND COMMUNITY AND for fiscal year 2006, $1,813,000,000 for fiscal any reauthorization bill. MEGA FUND, SYSTEM PRESERVATION PILOT PROGRAM.— year 2007, $1,919,000,000 for fiscal year 2008, Section 1221(e)(1) of the Transportation Eq- Part II allows the funding program set and $2,026,000,000 for fiscal year 2009. forth in MEGA FUND Part I to be uity Act for the 21st Century (23 U.S.C. 101 (6) APPALACHIAN DEVELOPMENT HIGHWAY note; 112 Stat. 223) is amended— spend from the Highway Trust Fund. SYSTEM PROGRAM.—For the Appalachian de- (1) by striking ‘‘1999 and’’ and inserting Without this important step, Con- velopment highway system program under ‘‘1999,’’; and gress can write formulas until Christ- section 14501 of title 40, United States Code, (2) by inserting before the period at the end mas, but no money can actually be $450,000,000 for each of fiscal years 2004 the following: ‘‘, and $50,000,000 for each of sent to the states and spent. The abil- through 2009. fiscal years 2004 through 2009’’. (7) RECREATIONAL TRAILS PROGRAM.—For (e) NATIONAL HISTORIC COVERED BRIDGE ity to spend this money requires a the recreational trails program under sec- change to the Internal Revenue Code PRESERVATION.—Section 1224(d) of the Trans- tion 206 of title 23, United States Code, portation Equity Act for the 21st Century that makes those Highway Trust Funds $75,000,000 for each of fiscal years 2004 (112 Stat. 837) is amended by striking ‘‘2003’’ available for payment. MEGA FUND through 2009. and inserting ‘‘2009’’. PART II takes care of that. (8) HIGH PRIORITY PROJECTS PROGRAM.—For (f) SAFETY INCENTIVE GRANTS FOR USE OF In summary, the MEGA FUND ACT the high priority projects program under sec- SEAT BELTS.—Section 157(g)(1) of title 23, stays close to the successful program tion 117 of title 23, United States Code, United States Code, is amended— structure of TEA–21 and maintains its $1,000,000,000 for each of fiscal years 2004 (1) by striking ‘‘2002, and’’ and inserting apportionment formulas. It would sig- through 2009. ‘‘2002,’’; and (b) ASSISTANCE IN OVERCOMING ECONOMIC nificantly increase funding for the pro- (2) by inserting before the period at the end AND DEMOGRAPHIC BARRIERS.—For the pro- the following: ‘‘, and $115,000,000 for each of gram as a whole, continue budgetary gram to provide assistance in overcoming fiscal years 2004 through 2009’’. firewalls and strengthen RABA, and economic and demographic barriers under (g) RESEARCH PROGRAMS.—The following provide some extra funds to all States section 139 of title 23, United States Code, sums are authorized to be appropriated out

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10690 CONGRESSIONAL RECORD — SENATE October 17, 2002 of the Highway Trust Fund (other than the (B) in paragraph (2), by striking ‘‘2003’’ and any increase for the fiscal year determined Mass Transit Account): inserting ‘‘2009’’; and under section 4(b)(5) of the Maximum Eco- (1) SURFACE TRANSPORTATION RESEARCH.— (2) in the table contained in subsection (c), nomic Growth for America Through Highway For carrying out sections 502, 506, 507, and by striking the item relating to fiscal year Funding Act. 508 of title 23, United States Code, $103,000,000 2003 and inserting the following: ‘‘(B) DISTRIBUTION OF INCREASES.—Any infor each of fiscal years 2004 through 2009. ‘‘2003 ...... $2,600,000,000 crease under subparagraph (A) shall be dis- (2) TECHNOLOGY DEPLOYMENT PROGRAM.— ‘‘2004 ...... $2,600,000,000 tributed in accordance with this section.’’; For carrying out section 503 of title 23, ‘‘2005 ...... $2,600,000,000 and United States Code, $50,000,000 for each of fis- ‘‘2006 ...... $2,600,000,000 (8) in subsection (i)— cal years 2004 through 2009. ‘‘2007 ...... $2,600,000,000 (A) in paragraph (5), by striking ‘‘and’’ at (3) TRAINING AND EDUCATION.—For carrying ‘‘2008 ...... $2,600,000,000 the end; out section 504 of title 23, United States ‘‘2009 ...... $2,600,000,000.’’. (B) in paragraph (6), by striking the period Code, $20,000,000 for each of fiscal years 2004 SEC. 3. OBLIGATION CEILING. at the end and inserting a semicolon; and through 2009. (a) IN GENERAL.—Section 1102 of the Trans- (C) by adding at the end the following: (4) BUREAU OF TRANSPORTATION STATIS- portation Equity Act for the 21st Century (23 ‘‘(7) $450,000,000 for fiscal year 2004; TICS.—For the Bureau of Transportation Sta- U.S.C. 104 note; 112 Stat. 115) is amended— ‘‘(8) $470,000,000 for fiscal year 2005; tistics to carry out section 111 of title 49, (1) in subsection (a)— ‘‘(9) $490,000,000 for fiscal year 2006; United States Code, $31,000,000 for each of fis- (A) in paragraph (5), by striking ‘‘and’’ at ‘‘(10) $510,000,000 for fiscal year 2007; cal years 2004 through 2009. the end; ‘‘(11) $530,000,000 for fiscal year 2008; and (5) ITS STANDARDS, RESEARCH, OPERATIONAL (B) in paragraph (6), by striking the period ‘‘(12) $550,000,000 for fiscal year 2009.’’. TESTS, AND DEVELOPMENT.—For carrying out at the end and inserting a semicolon; and (b) DEDUCTION FOR ADMINISTRATIVE EX- sections 5204, 5205, 5206, and 5207 of the (C) by adding at the end the following: PENSES.—Section 104(a)(1) of title 23, United Transportation Equity Act for the 21st Cen- ‘‘(7) $34,000,000,000 for fiscal year 2004; States Code, is amended— tury (23 U.S.C. 502 note; 112 Stat. 453) ‘‘(8) $35,000,000,000 for fiscal year 2005; (1) by inserting ‘‘the lesser of’’ after ‘‘in an $110,000,000 for each of fiscal years 2004 ‘‘(9) $36,000,000,000 for fiscal year 2006; amount not to exceed’’; through 2009. ‘‘(10) $37,000,000,000 for fiscal year 2007; (2) in subparagraph (A)— (6) ITS DEPLOYMENT.—For carrying out sec- ‘‘(11) $39,000,000,000 for fiscal year 2008; and (A) by redesignating clauses (i) and (ii) as tions 5208 and 5209 of the Transportation Eq- ‘‘(12) $41,000,000,000 for fiscal year 2009.’’; subclauses (I) and (II), respectively, and in- uity Act for the 21st Century (23 U.S.C. 502 (2) in subsection (b)(8), by striking denting appropriately; and note; 112 Stat. 458) $140,000,000 for each of fis- ‘‘through 2007’’ and inserting ‘‘through 2009’’; (B) by striking ‘‘(A) 11⁄6 percent’’ and in- cal years 2004 through 2009. (3) in subsection (c)— serting the following: (7) UNIVERSITY TRANSPORTATION RE- (A) by striking ‘‘For each of fiscal years ‘‘(A) the sum of— SEARCH.—For carrying out section 5505 of 1998 through 2003,’’ and inserting ‘‘Except as ‘‘(i) 11⁄6 percent’’; title 49, United States Code, $32,000,000 for otherwise provided, for fiscal year 1998 and (3) by striking ‘‘(B) one-third’’ and insert- each of fiscal years 2004 through 2009. each fiscal year thereafter,’’; ing the following: (h) FUTURE STRATEGIC HIGHWAY RESEARCH (B) in paragraph (1)— ‘‘(ii) one-third’’; PROGRAM.—Section 104 of title 23, United (i) by striking ‘‘Code, and amounts’’ and (4) in subparagraph (A)(ii) (as so des- States Code, is amended by adding at the end inserting ‘‘Code, amounts’’; and ignated), by striking the period at the end the following: (ii) by inserting before the semicolon at and inserting ‘‘; or’’; and ‘‘(m) FUTURE STRATEGIC HIGHWAY RE- the end the following: ‘‘or, for fiscal year (5) by adding at the end the following: SEARCH PROGRAM.— 2004 and each fiscal year thereafter, amounts ‘‘(B) the amount specified for the applica- ‘‘(1) DEDUCTIONS.—For each of fiscal years authorized for the Indian reservation roads ble fiscal year in section 1102(i) of the Trans- 2004 through 2009, whenever an apportion- program under section 204 of title 23, United portation Equity Act for the 21st Century (23 ment is made of the sums made available for States Code’’; and U.S.C. 104 note; 112 Stat. 118) for use as de- expenditure on each of the surface transpor- (C) in paragraph (5), by striking ‘‘this Act’’ scribed in subparagraph (A).’’. tation program under section 133, the bridge and inserting ‘‘this Act, the Maximum Eco- program under section 144, the congestion nomic Growth for America Through Highway SEC. 4. RELIABLE HIGHWAY PROGRAM LEVELS; mitigation and air quality improvement pro- Funding Act,’’; REVISIONS TO REVENUE ALIGNED BUDGET AUTHORITY. gram under section 149, and the Interstate (4) in subsection (d), by striking ‘‘2003’’ and and National Highway System program, the inserting ‘‘2009’’; (a) SENSE OF THE SENATE RELATING TO RE- Secretary shall make proportionate deduc- (5) in subsection (e)— FORM OF REVENUE ALIGNED BUDGET AUTHOR- tions from those programs, in a total (A) by striking ‘‘Obligation’’ and inserting ITY.— amount equal to $75,000,000, to be used to pay the following: (1) FINDINGS.—The Senate finds that— the costs of a future strategic highway re- ‘‘(1) IN GENERAL.—Obligation’’; (A) the experience under the Transpor- search program established under paragraph (B) in paragraph (1) (as designated by sub- tation Equity Act for the 21st Century (112 (2). paragraph (A)), by striking ‘‘and under title Stat. 107) with respect to revenue aligned ‘‘(2) PROGRAM.—The Secretary shall estab- V of this Act’’ and inserting ‘‘under title V of budget authority (referred to in this sub- lish and carry out a future strategic highway this Act, and under the Maximum Economic section as ‘‘RABA’’) has been that, while research program. Growth for America Through Highway Fund- RABA has produced increases in highway ‘‘(3) FEDERAL SHARE.—The Federal share of ing Act’’; and program obligation levels in some fiscal the cost of a project carried out under the fu- (C) by adding at the end the following: years, RABA also— ture strategic highway research program ‘‘(2) LIMITATION FOR FISCAL YEARS 2004 (i) has allowed the balance in the Highway shall be 80 percent (unless the Secretary de- THROUGH 2009.—Notwithstanding any other Trust Fund (other than the Mass Transit Ac- termines otherwise with respect to a provision of law, the total of all obligations count) to grow since the date of enactment project). from amounts made available from the High- of the Transportation Equity Act for the 21st ‘‘(4) AVAILABILITY OF AMOUNTS.—The way Trust Fund (other than the Mass Tran- Century; amounts deducted under paragraph (1) shall sit Account) by section 2(f) of the Maximum (ii) does not provide a mechanism to allow be available for obligation in the same man- Economic Growth for America Through that balance to be expended for the benefit of ner as if the funds were apportioned under Highway Funding Act, and section 104(m) of the public; and this chapter, except that the funds shall re- title 23, United States Code, shall not exceed (iii) has resulted in unexpectedly large an- main available until expended.’’. $561,000,000 for each of fiscal years 2004 nual differences, or estimated differences, in (i) MAGNETIC LEVITATION TRANSPORTATION through 2009.’’; highway program obligation authority as TECHNOLOGY DEPLOYMENT PROGRAM.—Sec- (6) in the first sentence of subsection (f), by compared with the levels specified in section tion 322(h)(1)(B)(i) of title 23, United States striking ‘‘2003’’ and inserting ‘‘2009’’; 1102 of the Transportation Equity Act for the Code, is amended— (7) in subsection (h)— 21st Century (23 U.S.C. 104 note; 112 Stat. (1) by striking ‘‘2002, and’’ and inserting (A) by striking ‘‘Limitations on obliga- 115); and ‘‘2002,’’; and tions imposed by subsection (a)’’ and insert- (B) Congress has taken legislative action (2) by inserting before the period at the end ing the following: to reject the implementation of estimates the following: ‘‘, and such sums as are nec- ‘‘(1) FISCAL YEARS 1998 THROUGH 2003.—Limi- that would have resulted in ‘‘negative’’ essary for fiscal year 2004 and each fiscal tations on obligations imposed by para- RABA. year thereafter’’. graphs (1) through (6) of subsection (a)’’; and (2) SENSE OF THE SENATE.—It is the sense of (j) TIFIA.—Section 188 of title 23, United (B) by adding at the end the following: the Senate that the provisions of budget leg- States Code, is amended— ‘‘(2) FISCAL YEARS 2004 THROUGH 2009.— islation pertaining to the highway program (1) in subsection (a)— ‘‘(A) IN GENERAL.—Limitations on obliga- should be amended— (A) in paragraph (1)(E), by striking ‘‘fiscal tions imposed by paragraphs (7) through (12) (A) to improve predictability and stability year 2003’’ and inserting ‘‘each of fiscal years of subsection (a) for a fiscal year shall be in- in the levels of highway program obligation 2003 through 2009’’; and creased by an amount equal to the amount of authority;

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 17, 2002 CONGRESSIONAL RECORD — SENATE S10691 (B) to facilitate the expenditure of funds in amount specified in section 1102(a)(10) of the SEC. 5. ASSISTANCE IN OVERCOMING ECONOMIC the Highway Trust Fund (other than the Transportation Equity Act for the 21st Cen- AND DEMOGRAPHIC BARRIERS. Mass Transit Account); and tury shall be deemed to have been increased (a) IN GENERAL.—Title 23, United States (C) to eliminate the possibility of reduc- by an amount equal to 50 percent of the Code, is amended by inserting after section tions in the levels of highway program obli- amount of the estimated excess. 138 the following: gation authority being imposed automati- (D) ESTIMATE FOR FISCAL YEAR 2008.—In the ‘‘§ 139. Assistance in overcoming economic cally, so that any reductions are solely the submission by the President of the budget of and demographic barriers prerogative of Congress. the United States Government under section ‘‘(a) DEFINITIONS.—In this section: (b) RELIABLE HIGHWAY PROGRAM LEVELS.— 1105 of title 31, United States Code, for fiscal ‘‘(1) HIGH-GROWTH STATE.—The term ‘high- (1) IN GENERAL.—Notwithstanding any year 2008, if the estimate described in para- growth State’ means a State that has a pop- other provision of law, no spending limits graph (4) is that, but for this subparagraph, ulation according to the 2000 decennial cen- other than the spending limits specified in the balance in the Highway Account of the sus that is at least 25 percent greater than this subsection may be imposed, for any of Highway Trust Fund at the end of fiscal year the population for the State according to the fiscal years 2004 through 2009, on budget ac- 2009 will be in excess of $5,500,000,000, the 1990 decennial census. counts or portions of budget accounts that amount specified in section 1102(a)(11) of the ‘‘(2) HIGH-POPULATION-DENSITY STATE.—The are subject to the obligation limitations and Transportation Equity Act for the 21st Cen- the exemptions from obligation limitations term ‘high-population-density State’ means tury shall be deemed to have been increased a State in which the number of individuals that are specified in section 1102 of the by an amount equal to 50 percent of the Transportation Equity Act for the 21st Cen- per principal arterial mile is greater than 75 amount of the estimated excess. percent of the number of individuals per tury (23 U.S.C. 104 note; 112 Stat. 115). (E) ESTIMATE FOR FISCAL YEAR 2009.—In the (2) AMOUNT OF OBLIGATION AUTHORITY.—For principal arterial mile in the 50 States and submission by the President of the budget of the District of Columbia, as determined each of fiscal years 2004 through 2009, the the United States Government under section limitation on obligation authority for the using population according to the 2000 decen- 1105 of title 31, United States Code, for fiscal nial census. budget accounts described in paragraph (1) year 2009, if the estimate described in para- shall be equal to the sum of— ‘‘(3) HIGHWAY STATISTICS.— graph (4) is that, but for this subparagraph, ‘‘(A) IN GENERAL.—The term ‘Highway Sta- (A) the limitation for that fiscal year spec- the balance in the Highway Account of the ified in section 1102(a) of the Transportation tistics’ means the Highway Statistics pub- Highway Trust Fund at the end of fiscal year lished by the Federal Highway Administra- Equity Act for the 21st Century; 2009 will be in excess of $5,000,000,000, the (B) all amounts exempt from that limit tion for the most recent calendar or fiscal amount specified in section 1102(a)(12) of the under section 1102(b) of that Act; and year for which data are available, which Transportation Equity Act for the 21st Cen- (C) the amount of any increase for the fis- most recent calendar or fiscal year shall be tury shall be deemed to have been increased cal year under paragraph (5). determined as of the first day of the fiscal by an amount equal to the amount of the es- (3) OUTLAYS.—For each of fiscal years 2004 year for which any calculation using the timated excess. through 2009, the limitation on outlays for Highway Statistics is made. (6) NO EFFECT ON BYRD RULE.—Nothing in the budget accounts described in paragraph ‘‘(B) TERMS.—Any reference to a term that this subsection affects section 9503(d) of the (1) shall be the level of outlays necessary to is used in the Highway Statistics is a ref- Internal Revenue Code of 1986. accommodate outlays resulting from obliga- erence to the term as used in the Highway tions for that fiscal year under paragraph (2) (c) SENSE OF THE SENATE SUPPORTING RELI- Statistics as of September 30, 2002. and obligations from prior fiscal years. ABLE PROGRAM LEVELS IN ADDITIONAL BUDG- ‘‘(4) LOW-INCOME STATE.—The term ‘low-in- (4) ANNUAL REPORT ON ESTIMATED BALANCE ET ACCOUNTS.—It is the sense of the Senate come State’ means a State that, according IN HIGHWAY ACCOUNT.—In the submission by that the Act reauthorizing highway, highway to Table PS–1 of the Highway Statistics, has the President of the budget of the United safety, and transit programs for fiscal years a per capita income that is less than the na- States Government under section 1105 of beginning with fiscal year 2004 should in- tional average per capita income. title 31, United States Code, for each of fiscal clude, in addition to the budgetary protec- ‘‘(5) LOW-POPULATION-DENSITY STATE.—The years 2005 through 2009, the President shall tions for the highway program provided term ‘low-population-density State’ means a include an estimate of the balance that will under subsection (b), appropriate budgetary State in which the number of individuals per be in the Highway Account of the Highway protections for highway safety and transit principal arterial mile is less than 75 percent Trust Fund (as defined in section programs. of the number of individuals per principal ar- 9503(e)(5)(B) of the Internal Revenue Code of (d) CONFORMING AMENDMENTS TO REVENUE terial mile in the 50 States and the District 1986) at the end of fiscal year 2009. ALIGNED BUDGET AUTHORITY.—Section 110 of of Columbia, as determined using population (5) INCREASE BASED ON FUND BALANCE.— title 23, United States Code, is amended— according to the 2000 decennial census. (A) ESTIMATE FOR FISCAL YEAR 2005.—In the (1) in subsection (a)— ‘‘(6) NATIONAL AVERAGE PER CAPITA IN- submission by the President of the budget of (A) in paragraph (1)— COME.—The term ‘national average per cap- the United States Government under section (i) by inserting ‘‘FOR FISCAL YEARS 2000 ita income’ means the average per capita in- 1105 of title 31, United States Code, for fiscal THROUGH 2003’’ after ‘‘ALLOCATION’’; and come for the 50 States and the District of Co- year 2005, if the estimate described in para- (ii) by striking ‘‘fiscal year 2000 and each lumbia, as specified in the Highway Statis- graph (4) is that, but for this subparagraph, fiscal year thereafter’’ and inserting ‘‘each of tics. the balance in the Highway Account of the fiscal years 2000 through 2003’’; ‘‘(7) PRINCIPAL ARTERIAL MILES.—The term Highway Trust Fund at the end of fiscal year (B) in paragraph (2)— ‘principal arterial miles’, with respect to a 2009 will be in excess of $7,000,000,000, the (i) by inserting ‘‘FOR FISCAL YEARS 2001 State, means the principal arterial miles (in- amount specified in section 1102(a)(8) of the THROUGH 2003’’ after ‘‘REDUCTION’’; and cluding Interstate and other expressway or Transportation Equity Act for the 21st Cen- (ii) by striking ‘‘fiscal year 2000 or any fis- freeway system miles) in the State, as speci- tury shall be deemed to have been increased cal year thereafter’’ and inserting ‘‘any of fied in Table HM–20 of the Highway Statis- by an amount equal to 50 percent of the fiscal years 2000 through 2002’’; and tics. amount of the estimated excess. (C) by adding at the end the following: ‘‘(8) STATE.—The term ‘State’ means each (B) ESTIMATE FOR FISCAL YEAR 2006.—In the ‘‘(3) ALLOCATIONS FOR FISCAL YEARS 2005 of the 50 States. submission by the President of the budget of THROUGH 2009.—For any of fiscal years 2005 ‘‘(9) STATE WITH EXTENSIVE ROAD OWNER- the United States Government under section through 2009, if an increase is made to the SHIP.—The term ‘State with extensive road 1105 of title 31, United States Code, for fiscal level of obligation authority under section ownership’ means a State that owns more year 2006, if the estimate described in para- 4(b)(5) of the Maximum Economic Growth for than 80 percent of the total Federal-aid and graph (4) is that, but for this subparagraph, America Through Highway Funding Act, the non-Federal-aid mileage in the State accord- the balance in the Highway Account of the Secretary shall allocate for the fiscal year ing to Table HM–14 of the Highway Statis- Highway Trust Fund at the end of fiscal year an amount equal to the amount of the in- tics. 2009 will be in excess of $6,500,000,000, the crease.’’; and ‘‘(b) ESTABLISHMENT.—There is established amount specified in section 1102(a)(9) of the (2) in subsection (b)— a program to assist States that face certain Transportation Equity Act for the 21st Cen- (A) in paragraph (1)(A)— economic and demographic barriers in meet- tury shall be deemed to have been increased (i) by striking ‘‘for’’ the second place it ap- ing transportation needs. by an amount equal to 50 percent of the pears; and ‘‘(c) ALLOCATION OF FUNDS.—For each of amount of the estimated excess. (ii) by inserting ‘‘(112 Stat. 107), the Max- fiscal years 2004 through 2009, funds made (C) ESTIMATE FOR FISCAL YEAR 2007.—In the imum Economic Growth for America available to carry out this section shall be submission by the President of the budget of Through Highway Funding Act’’ after ‘‘21st allocated as follows: the United States Government under section Century’’; ‘‘(1) LOW-INCOME STATES.—For each fiscal 1105 of title 31, United States Code, for fiscal (B) in paragraph (2), by striking ‘‘sub- year, each low-income State shall receive an year 2007, if the estimate described in para- section (a)(1)’’ and inserting ‘‘paragraph (1) allocation under this paragraph that is equal graph (4) is that, but for this subparagraph, or (3) of subsection (a), as applicable,’’; and to the product obtained by multiplying— the balance in the Highway Account of the (C) in paragraph (4), by striking ‘‘sub- ‘‘(A) $600,000,000; and Highway Trust Fund at the end of fiscal year section (a)(1)’’ and inserting ‘‘paragraph (1) ‘‘(B) the ratio that— 2009 will be in excess of $6,000,000,000, the or (3) of subsection (a), as applicable,’’. ‘‘(i) the difference between—

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‘‘(I) the national average per capita in- ‘‘(i) IN GENERAL.—If the allocation for a obligated in fiscal year 2004 or any fiscal come; and high-population-density State under sub- year thereafter,’’; and ‘‘(II) the per capita income of the low-in- paragraph (A) is greater than $35,000,000, the (2) by adding at the end the following: come State; bears to allocation of the high-population-density ‘‘(g) PROTECTION OF HIGHWAY TRUST ‘‘(ii) the sum of the differences determined State shall be reduced to $35,000,000. FUND.—Effective beginning on the earlier of under clause (i) for all low-income States. ‘‘(ii) USE OF EXCESS ALLOCATIONS.— October 1, 2003, or the date of enactment of ‘‘(2) HIGH-GROWTH STATES.—For each fiscal ‘‘(I) REALLOCATION.—Subject to subclause this subsection, notwithstanding any other year, each high-growth State shall receive (II), the funds in addition to the $35,000,000 provision of law, if an Act is enacted that an allocation under this paragraph that is that would have been allocated to a high- provides for an amount in excess of equal to the product obtained by multi- population-density State but for clause (i) $200,000,000 for any fiscal year for the emer- plying— shall be reallocated among the high-popu- gency fund authorized by this section (in- ‘‘(A) $75,000,000; and lation-density States that were allocated cluding any Act that states that provision of that amount in excess of $200,000,000 is ‘not- ‘‘(B) the ratio that— less than $35,000,000 under subparagraph (A) withstanding any other provision of law’), ‘‘(i) the percentage by which the popu- in accordance with the proportionate shares that Act shall be applied so that all funds for lation of the high-growth State according to of those high-population-density States under subparagraph (A). that fiscal year for the program established the 2000 decennial census exceeds the popu- by this section in excess of $200,000,000— lation of the high-growth State according to ‘‘(II) ADDITIONAL REALLOCATIONS.—If a reallocation under subclause (I) would result in ‘‘(1) shall be derived from the general fund the 1990 decennial census; bears to of the Treasury, and not from the Highway ‘‘(ii) the sum of the percentages deter- the receipt by any high-population-density State of an amount greater than $35,000,000 Trust Fund (other than the Mass Transit Ac- mined under clause (i) for all high-growth count); but States. under this paragraph— ‘‘(aa) the allocation for the high-popu- ‘‘(2) shall be administered by the Secretary ‘‘(3) LOW-POPULATION-DENSITY STATES.— in all other respects as if the funds were ap- ‘‘(A) IN GENERAL.—Subject to subparagraph lation-density State shall be reduced to $35,000,000; and propriated from the Highway Trust Fund (B), for each fiscal year, each low-popu- (other than the Mass Transit Account).’’. lation-density State shall receive an alloca- ‘‘(bb) the amounts in excess of $35,000,000 shall be subject to 1 or more further re- SEC. 7. INCREASED STABILITY OF DISTRIBUTION tion under this paragraph that is equal to UNDER ALLOCATION PROGRAMS. allocations in accordance with that sub- the product obtained by multiplying— (a) NATIONAL CORRIDOR PLANNING AND DE- clause so that no high-population-density ‘‘(i) $625,000,000; and VELOPMENT PROGRAM.—Section 1118 of the State is allocated more than $35,000,000 under ‘‘(ii) the ratio that— Transportation Equity Act for the 21st Cen- ‘‘(I) the quotient obtained by dividing— this paragraph. tury (23 U.S.C. 101 note; 112 Stat. 161) is ‘‘(aa) the number of principal arterial ‘‘(5) STATES WITH EXTENSIVE ROAD OWNER- amended— miles in the State; by SHIP.—For each fiscal year, each State with (1) by redesignating subsection (g) as sub- ‘‘(bb) the population of the low-population- extensive road ownership shall receive an al- section (h); and density State according to the 2000 decennial location under this paragraph that is equal (2) by inserting after subsection (f) the fol- census; bears to to the product obtained by multiplying— lowing: ‘‘(II) the sum of the quotients determined ‘‘(A) $75,000,000; and ‘‘(g) MINIMUM ALLOCATIONS TO BORDER under subclause (I) for all low-population- ‘‘(B) the ratio that— STATES.—Notwithstanding any other provi- density States. ‘‘(i) the total Federal-aid and non-Federal- sion of law, in allocating funds under this ‘‘(B) MAXIMUM ALLOCATION.— aid mileage owned by each State with exten- section for fiscal year 2004 and each fiscal ‘‘(i) IN GENERAL.—If the allocation for a sive road ownership according to Table HM– year thereafter, the Secretary shall ensure low-population-density State under subpara- 14 of the Highway Statistics; bears to that not less than 2 percent of the funds graph (A) is greater than $35,000,000, the allo- ‘‘(ii) the sum of the mileages determined made available to carry out the program cation of the low-population-density State under clause (i) for all States with extensive under this section are allocated to each bor- shall be reduced to $35,000,000. road ownership. der State (as defined in section 1119(e)).’’. ‘‘(ii) USE OF EXCESS ALLOCATIONS.— ‘‘(d) TREATMENT OF ALLOCATED FUNDS.— (b) COORDINATED BORDER INFRASTRUCTURE ‘‘(I) REALLOCATION.—Subject to subclause ‘‘(1) IN GENERAL.—Subject to paragraph (2), PROGRAM.—Section 1119 of the Transpor- (II), the funds in addition to the $35,000,000 funds allocated to a State under this section tation Equity Act for the 21st Century (23 that would have been allocated to a low-pop- for a fiscal year shall be treated for program U.S.C. 101 note; 112 Stat. 163) is amended— ulation-density State but for clause (i) shall administrative purposes as if the funds— (1) by redesignating subsection (e) as sub- be reallocated among the low-population- ‘‘(A) were funds apportioned to the State section (f); and density States that were allocated less than under sections 104(b)(1), 104(b)(2), 104(b)(3), (2) by inserting after subsection (d) the fol- $35,000,000 under subparagraph (A) in accord- 104(b)(4), and 144; and lowing: ance with the proportionate shares of those ‘‘(B) were apportioned to the State in the ‘‘(e) MINIMUM ALLOCATIONS TO BORDER low-population-density States under sub- same ratio that the State is apportioned STATES.—Notwithstanding any other provi- paragraph (A). funds under the sections specified in sub- sion of law, in allocating funds under this section for fiscal year 2004 and each fiscal ‘‘(II) ADDITIONAL REALLOCATIONS.—If a re- paragraph (A) for the fiscal year. year thereafter, the Secretary shall ensure allocation under subclause (I) would result in ‘‘(2) PROGRAM ADMINISTRATIVE PURPOSES.— that not less than 2 percent of the funds the receipt by any low-population-density Program administrative purposes referred to made available to carry out the program State of an amount greater than $35,000,000 in paragraph (1)— under this section are allocated to each bor- under this paragraph— ‘‘(A) include— der State.’’. ‘‘(aa) the allocation for the low-popu- ‘‘(i) the Federal share; (c) TRANSPORTATION AND COMMUNITY AND lation-density State shall be reduced to ‘‘(ii) availability for obligation; and ‘‘(iii) except as provided in subparagraph SYSTEM PRESERVATION PILOT PROGRAM.— $35,000,000; and Section 1221 of the Transportation Equity ‘‘(bb) the amounts in excess of $35,000,000 (B), applicability of deductions; and ‘‘(B) exclude— Act for the 21st Century (23 U.S.C. 101 note; shall be subject to 1 or more further re- 112 Stat. 221) is amended by adding at the allocations in accordance with that sub- ‘‘(i) calculation of the minimum guarantee under section 105; and end the following: clause so that no low-population-density ‘‘(f) MINIMUM ALLOCATIONS TO STATES.— ‘‘(ii) applicability of the deduction for the State is allocated more than $35,000,000 under Notwithstanding any other provision of law, future strategic highway research program this paragraph. in allocating funds made available under this under section 104(m).’’. ‘‘(4) HIGH-POPULATION-DENSITY STATES.— section for fiscal year 2004 and each fiscal (b) CONFORMING AMENDMENT.—The analysis ‘‘(A) IN GENERAL.—Subject to subparagraph year thereafter, the Secretary shall ensure for subchapter I of chapter 1 of title 23, (B), for each fiscal year, each high-popu- that the total of the allocations to each United States Code, is amended by inserting lation-density State shall receive an alloca- State (including allocations to the metro- after the item relating to section 138 the fol- tion under this paragraph that is equal to politan planning organizations and local gov- lowing: the product obtained by multiplying— ernments in the State) under this section is ‘‘(i) $625,000,000; and ‘‘139. Assistance in overcoming economic and not less than the product obtained by multi- ‘‘(ii) the ratio that— demographic barriers.’’. plying— ‘‘(I) the quotient obtained by dividing— SEC. 6. EMERGENCY RELIEF. ‘‘(1) 50 percent of the percentage specified ‘‘(aa) the population of the high-popu- Section 125 of title 23, United States Code, for the State in section 105 of title 23, United lation-density State according to the 2000 de- is amended— States Code, for the fiscal year; and cennial census; by (1) in subsection (c)(1), by striking ‘‘Not ‘‘(2) the total amount of funds made avail- ‘‘(bb) the number of principal arterial more than $100,000,000 is authorized to be ob- able to carry out this section for the fiscal miles in the State; bears to ligated in any 1 fiscal year commencing after year.’’. ‘‘(II) the sum of the quotients determined September 30, 1980,’’ and inserting ‘‘Not more (d) MINIMUM ALLOCATIONS TO STATES FOR under subclause (I) for all high-population- than $100,000,000 is authorized to be obligated ITS DEPLOYMENT.— density States. in any of fiscal years 1981 through 2003, and (1) IN GENERAL.—Notwithstanding any ‘‘(B) MAXIMUM ALLOCATION.— not more than $200,000,000 is authorized to be other provision of law, for fiscal year 2004

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 17, 2002 CONGRESSIONAL RECORD — SENATE S10693 and each fiscal year thereafter, in allocating ried out under this paragraph shall be devel- the Interior, and the heads of other agencies funds made available under section 2(f)(6), oped cooperatively by the Secretary and the as appropriate (including the Chief of Engi- the Secretary shall ensure that the total of State in which a national park is located. neers), shall determine the percentage of the the allocations to each State using those ‘‘(F) SUPPORT BY THE SECRETARY.—The Sec- total land in each State that is owned by the funds is not less than the product obtained retary shall provide the maximum feasible Federal Government or that is held by the by multiplying— support to ensure prompt development and Federal Government in trust; (A) 50 percent of the percentage specified implementation of projects under this para- ‘‘(ii) shall determine the sum of the per- for the State in section 105 of title 23, United graph. centages determined under clause (i) for States Code, for the fiscal year; and ‘‘(G) RESERVATION OF FUNDS FOR PROJECTS States with respect to which the percentage (B) the total amount of funds made avail- OUTSIDE NATIONAL PARKS.— is 4.5 or greater; and able under section 2(f)(6). ‘‘(i) IN GENERAL.—For each fiscal year, not ‘‘(iii) shall determine for each State in- (2) USE OF FUNDS FOR BOTH TYPES OF less than 40 percent of the funds allocated cluded in the determination under clause (ii) PROJECTS.—In administering funds available under this paragraph shall be used for the percentage obtained by dividing— for allocation under section 2(f)(6), the Sec- projects described in subparagraph (B) on ‘‘(I) the percentage for the State deter- retary shall encourage States to carry out highways that are located outside national mined under clause (i); by both— parks but provide access to national parks. ‘‘(II) the sum determined under clause (ii). (A) projects eligible under section 5208 of ‘‘(ii) USE OF EXCESS FUNDS.—If the Sec- ‘‘(B) ADJUSTMENT.—The Secretary shall— the Transportation Equity Act for the 21st retary determines that funds set aside under ‘‘(i) reduce any percentage determined Century (23 U.S.C. 502 note; 112 Stat. 458); clause (i) are in excess of the needs for recon- under subparagraph (A)(iii) that is greater and struction, rehabilitation, restoration, resur- than 7.5 percent to 7.5 percent; and (B) projects eligible under section 5209 of facing, or improvement of the highways de- ‘‘(ii) redistribute the percentage points that Act. scribed in that clause, the funds set aside equal to any reduction under clause (i) SEC. 8. HISTORIC PARK ROADS AND PARKWAYS. under that clause may be used for transit among other States included in the deter- (a) IN GENERAL.—Section 202(c) of title 23, projects that serve national parks with high- mination under subparagraph (A)(ii) in pro- United States Code, is amended— ways (including access highways) that meet portion to the percentages for those States (1) by striking ‘‘(c) On’’ and inserting the the criteria specified in subparagraph (C). determined under subparagraph (A)(iii). following: ‘‘(H) AVAILABILITY OF AMOUNTS.—Funds al- ‘‘(2) AVAILABILITY TO STATES.—For each fis- ‘‘(c) PARK ROADS AND PARKWAYS.— located under this paragraph shall remain cal year, the Secretary shall make funds ‘‘(1) IN GENERAL.—On’’; and available until expended. available to carry out eligible projects in a (2) by adding at the end the following: ‘‘(I) RELATIONSHIP TO OTHER LAW.—Nothing State in an amount equal to the amount ob- ‘‘(2) HISTORIC PARK ROADS AND PARKWAYS.— in this paragraph reduces the eligibility or tained by multiplying— ‘‘(A) DEFINITIONS.—In this paragraph: priority of a project under any other provi- ‘‘(A) the percentage for the State, if any, ‘‘(i) NATIONAL PARK.—The term ‘national sion of this title or other law.’’. determined under paragraph (1); by park’ means an area of land or water admin- (b) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(B) the funds made available for the pro- istered by the National Park Service that is There are authorized to be appropriated such gram under subsection (d) for the fiscal year. designated as a national park. sums as are necessary to carry out projects ‘‘(c) TRANSFERS.—Notwithstanding any ‘‘(ii) RECREATION VISIT.—The term ‘recre- that— other provision of law, a State and the Sec- ation visit’ means the entry into a national (1) are eligible for funding under section retary may agree to transfer amounts made park for a recreational purpose of an indi- 202(c)(2) of title 23, United States Code; but available to a State under this section to the vidual who is not— (2) are not fully funded from funds made allocations of the State under section 202 for ‘‘(I) an employee of the Federal Govern- available under paragraph (1) or (2) of section use in carrying out projects on any Federal ment, or other individual, who has business 202(c) of that title. lands highway that is located in the State. in the national park; SEC. 9. COOPERATIVE FEDERAL LANDS TRANS- ‘‘(d) FUNDING.— ‘‘(II) an individual passing through the na- PORTATION PROGRAM. ‘‘(1) IN GENERAL.—Notwithstanding section tional park for a purpose other than visiting (a) IN GENERAL.—Chapter 2 of title 23, 202 or any other provision of law, for fiscal the national park; or United States Code, is amended by inserting year 2004 and each fiscal year thereafter, the ‘‘(III) an individual residing in the national after section 206 the following: Secretary shall transfer for use in accord- park. ‘‘§ 207. Cooperative Federal lands transpor- ance with this section an amount equal to 50 ‘‘(iii) RECREATION VISITOR DAY.—The term tation program percent of the funds that would otherwise be ‘recreation visitor day’ means a period of 12 ‘‘(a) IN GENERAL.— allocated for the fiscal year under the first hours spent in a national park by an indi- ‘‘(1) ESTABLISHMENT.—There is established sentence of section 202(b). vidual making a recreation visit to the na- the cooperative Federal lands transportation ‘‘(2) CONTRACT AUTHORITY.—Funds trans- tional park. program (referred to in this section as the ferred for use in accordance with this section ‘‘(B) ALLOCATION.—Notwithstanding para- ‘program’). shall be available for obligation in the same graph (1), for fiscal year 2004 and each fiscal ‘‘(2) PROJECTS.— manner as if the funds were apportioned year thereafter, the first $100,000,000 author- ‘‘(A) LOCATIONS.—Funds available for the under chapter 1.’’. ized to be appropriated from the Highway program under subsection (d) may be used (b) CONFORMING AMENDMENT.—The analysis Trust Fund (other than the Mass Transit Ac- for projects, or portions of projects, on high- for chapter 2 of title 23, United States Code, count) for park roads and parkways for the ways that— is amended by striking the item relating to fiscal year shall be allocated for projects to ‘‘(i) are owned or maintained by States or section 207 and inserting the following: reconstruct, rehabilitate, restore, resurface, political subdivisions of States; and ‘‘207. Cooperative Federal lands transpor- or improve to applicable safety standards ‘‘(ii) cross, are adjacent to, or lead to feder- tation program.’’. any highway that meets the criteria speci- ally owned land or Indian reservations (in- SEC. 10. MISCELLANEOUS PROGRAM IMPROVE- fied in subparagraph (C). cluding Corps of Engineers reservoirs), as de- MENTS. ‘‘(C) ELIGIBILITY CRITERIA.—The criteria re- termined by the State. (a) FEDERAL SHARE.— ferred to in subparagraph (B) are that— ‘‘(B) SELECTION.—The projects shall be se- (1) IN GENERAL.—Section 120 of title 23, ‘‘(i) the highway provides access to or is lo- lected by a State after consultation with the United States Code, is amended— cated in a national park; Secretary and each affected local or tribal (A) in subsection (b), by striking ‘‘the per- ‘‘(ii) the highway was initially constructed government. centage that the area of all such lands in before 1940; and ‘‘(C) TYPES OF PROJECTS.—A project se- such State’’ each place it appears and insert- ‘‘(iii) as determined using data provided by lected by a State under this section— ing ‘‘twice the percentage that the area of the National Park Service averaged over the ‘‘(i) shall be on a highway or bridge owned all such lands in the State’’; 3 most recent years for which the data are or maintained by the State or 1 or more po- (B) in subsection (f)— available, the national park to which the litical subdivisions of the State; and (i) by striking ‘‘and with the Department highway provides access or in which the ‘‘(ii) may be— of the Interior’’ and inserting ‘‘, the Depart- highway is located is used more than ‘‘(I) a highway or bridge construction or ment of the Interior, and the Department of 1,000,000 recreation visitor days per year. maintenance project eligible under this title; Agriculture’’; and ‘‘(D) PRIORITY.—In funding projects eligi- or (ii) by striking ‘‘and national parks and ble under subparagraphs (B) and (C), the Sec- ‘‘(II) any eligible project under section monuments under the jurisdiction of the De- retary shall give priority to any project on a 204(h). partment of the Interior’’ and inserting ‘‘, highway that is located in or provides access ‘‘(b) DISTRIBUTION OF FUNDS FOR national parks, national monuments, and na- to a national park that— PROJECTS.— tional forests under the jurisdiction of the ‘‘(i) is adjacent to a national park of a for- ‘‘(1) IN GENERAL.— Department of the Interior or the Depart- eign country; or ‘‘(A) DETERMINATIONS BY THE SECRETARY.— ment of Agriculture’’; and ‘‘(ii) is located in more than 1 State. The Secretary— (C) by adding at the end the following: ‘‘(E) FEDERAL-STATE COOPERATION IN ‘‘(i) after consultation with the Adminis- ‘‘(m) MULTISTATE WEIGHT ENFORCEMENT PROJECT DEVELOPMENT.—Projects to be car- trator of General Services, the Secretary of IMPROVEMENTS.—The Federal share of the

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cost of any project described in section (e) STATE ROLE IN SELECTION OF FOREST able to carry out this section for each of fis- 101(a)(3)(H) shall be 100 percent if the project HIGHWAY PROJECTS.—Section 204(a) of title cal years 1998 through 2003, for’’. is to be used, or is carried out jointly, by 23, United States Code, is amended by adding (d) HIGHWAY BRIDGE REPLACEMENT AND RE- more than 1 State.’’. at the end the following: HABILITATION PROGRAM.—Section 144(g)(1) of (2) HIGH PRIORITY PROJECTS PROGRAM.—Sec- ‘‘(7) STATE ROLE IN SELECTION OF FOREST title 23, United States Code, is amended by tion 117(c) of title 23, United States Code, is HIGHWAY PROJECTS.—Notwithstanding any adding at the end the following: amended by striking ‘‘80 percent’’ and insert- other provision of this title, no forest high- ‘‘(D) FISCAL YEARS 2004 THROUGH 2009.—Of ing ‘‘the share applicable under section way project may be carried out in a State the amounts authorized to be appropriated 120(b)’’. under this chapter unless the State concurs to carry out the bridge program under this (3) HIGHWAY BRIDGE REPLACEMENT AND RE- in the selection of the project.’’. section for each of fiscal years 2004 through HABILITATION PROGRAM.—Section 144 of title (f) HISTORIC BRIDGE ELIGIBILITY.—Section 2009, all but $100,000,000 shall be apportioned 23, United States Code, is amended by strik- 144(o) of title 23, United States Code, is as provided in subsection (e). That ing subsection (f). amended— $100,000,000 shall be available at the discre- (4) NATIONAL SCENIC BYWAYS PROGRAM.— (1) in paragraph (3), by inserting ‘‘200 per- tion of the Secretary.’’. Section 162(f) of title 23, United States Code, cent of’’ after ‘‘shall not exceed’’; and (e) DISADVANTAGED BUSINESS ENTER- is amended by striking ‘‘80 percent’’ and in- (2) in paragraph (4)— PRISES.—Section 1101(b)(1) of the Transpor- serting ‘‘the share applicable under section (A) by redesignating subparagraphs (A) and tation Equity Act for the 21st Century (23 120(b)’’. (B) as clauses (i) and (ii), respectively, and U.S.C. 101 note; 112 Stat. 113) is amended by (5) STATE PLANNING AND RESEARCH.—Sec- indenting appropriately; striking ‘‘of this Act’’ and inserting ‘‘of this tion 505(c) of title 23, United States Code, is (B) by striking ‘‘Any State’’ and inserting Act and the Maximum Economic Growth for amended by striking ‘‘80 percent’’ and insert- the following: America Through Highway Funding Act’’. ing ‘‘the share applicable under section ‘‘(A) IN GENERAL.—Any State’’; (f) PUERTO RICO HIGHWAY PROGRAM.—Sec- 120(b),’’. (C) in the second sentence— tion 1214(r)(1) of the Transportation Equity (6) INTELLIGENT TRANSPORTATION SYSTEM (i) by striking ‘‘Costs incurred’’ and insert- Act for the 21st Century (112 Stat. 209) is INTEGRATION PROGRAM.—Section 5208 of the ing the following: amended by inserting ‘‘, and funds author- Transportation Equity Act for the 21st Cen- ‘‘(B) ELIGIBILITY AS REIMBURSABLE PROJECT ized by section 2(b)(7) of the Maximum Eco- tury (23 U.S.C. 502 note; 112 Stat. 458) is COSTS.— nomic Growth for America Through Highway amended by striking subsection (f) and in- ‘‘(i) IN GENERAL.—Costs incurred’’; and Funding Act for each of fiscal years 2004 serting the following: (ii) by inserting ‘‘200 percent of’’ after ‘‘not through 2009,’’ after ‘‘2003’’. ‘‘(f) FEDERAL SHARE.—The Federal share of to exceed’’; and SEC. 12. EFFECTIVE DATE. the cost of a project payable from funds (D) by striking the third sentence and in- Except as otherwise provided, this Act and made available to carry out this section serting the following: the amendments made by this Act take ef- shall be the share applicable under section ‘‘(ii) AMOUNT.—If a State elects to use fect on October 1, 2003. 120(b) of title 23, United States Code.’’. funds apportioned under this section to sup- (7) COMMERCIAL VEHICLE INTELLIGENT port the relocation of a historic bridge, the S. 3133 TRANSPORTATION SYSTEM INFRASTRUCTURE DE- eligible reimbursable project costs shall be Be it enacted by the Senate and House of Rep- PLOYMENT.—Section 5209 of the Transpor- equal to the greater of the Federal share resentatives of the United States of America in tation Equity Act for the 21st Century (23 that would be available for the construction Congress assembled, U.S.C. 502 note; 112 Stat. 461) is amended by of a new bicycle or pedestrian bridge or 200 striking subsection (e) and inserting the fol- SECTION 1. SHORT TITLE. percent of the cost of demolition of the his- lowing: This Act may be cited as the ‘‘Maximum toric bridge. ‘‘(e) FEDERAL SHARE.—The Federal share of Economic Growth for America Through the cost of a project payable from funds ‘‘(iii) EFFECT.—Nothing in clause (ii) cre- Highway Funding Part II Act’’ or the made available to carry out this section ates an obligation on the part of a State to ‘‘MEGA Fund Part II Act’’. shall be the share applicable under section preserve a historic bridge.’’. SEC. 2. AUTHORIZATION TO MAKE FUNDING 120(b) of title 23, United States Code.’’. SEC. 11. MISCELLANEOUS PROGRAM EXTEN- AVAILABLE FROM THE HIGHWAY (b) INCREASED FLEXIBILITY IN ADDRESSING SIONS AND TECHNICAL AMEND- TRUST FUND. MENTS. RAILWAY-HIGHWAY CROSSINGS.—Section Section 9503(c)(1) of the Internal Revenue 130(e) of title 23, United States Code, is (a) RAILWAY-HIGHWAY CROSSING HAZARD Code of 1986 (relating to expenditures from amended by striking the first sentence and ELIMINATION.—Section 104(d)(2)(A) of title 23, the Highway Trust Fund) is amended— inserting the following: ‘‘Funds authorized United States Code, is amended by striking (1) in the first sentence— for or expended under this section may be ‘‘for a fiscal year’’ and inserting ‘‘for each of (A) by striking ‘‘2003’’ and inserting ‘‘2009’’; used for installation of protective devices at fiscal years 1998 through 2003’’. (B) in subparagraph (D), by striking ‘‘or’’ INIMUM GUARANTEE.—Section 105 of railway-highway crossings.’’. (b) M at the end; (c) FLEXIBILITY IN IMPROVING AIR QUAL- title 23, United States Code, is amended in (C) in subparagraph (E), by striking the pe- ITY.—Section 149(c) of title 23, United States subsections (a), (d), and (f) by striking ‘‘2003’’ riod at the end and inserting ‘‘, or’’; and Code, is amended— each place it appears and inserting ‘‘2009’’. (D) by adding at the end the following: (c) HIGH PRIORITY PROJECTS PROGRAM.— (1) in paragraph (1), by striking ‘‘for any ‘‘(F) authorized to be paid out of the High- Section 117 of title 23, United States Code, is project eligible under the surface transpor- way Trust Fund under the Maximum Eco- amended— tation program under section 133.’’ and in- nomic Growth for America Through Highway (1) in subsection (a)— serting the following: ‘‘for any project in the Funding Act.’’; and (A) by striking ‘‘The Secretary’’ and in- State that— (2) in the second sentence, by striking serting the following: ‘‘(A) would be eligible under this section if ‘‘TEA 21 Restoration Act’’ and inserting ‘‘(1) IN GENERAL.—The Secretary’’; the project were carried out in a nonattain- ‘‘Maximum Economic Growth for America (B) by striking ‘‘Of amounts made avail- ment or maintenance area; or Through Highway Funding Act’’. ‘‘(B) is eligible under the surface transpor- able to carry out this section,’’ and inserting tation program under section 133.’’; and the following: MEGA FUND ACT—SECTION-BY-SECTION (2) in paragraph (2), by striking ‘‘for any ‘‘(2) AVAILABILITY OF FUNDS FOR FISCAL ANALYSIS YEARS 1998 THROUGH 2003.—Of the funds made project in the State eligible under section SECTION 1, SHORT TITLE available to carry out this section for each of 133.’’ and inserting the following: ‘‘for any This section sets forth the title of the bill. project in the State that— fiscal years 1998 through 2003,’’; and ‘‘(A) would be eligible under this section if (C) by adding at the end the following: SECTION 2. AUTHORIZATION OF APPROPRIATIONS the project were carried out in a nonattain- ‘‘(3) AVAILABILITY OF FUNDS FOR FISCAL Subsection (a) would authorize the pro- ment or maintenance area; or YEARS 2004 THROUGH 2009.— grams subject to the Minimum Guarantee. ‘‘(B) is eligible under the surface transpor- ‘‘(A) IN GENERAL.—For each of fiscal years The 5 principal apportioned programs of tation program under section 133.’’. 2004 through 2009, the Secretary shall allo- TEA–21—Interstate Maintenance, National (d) BROADENED TIFIA ELIGIBILITY.—Sec- cate the funds made available to carry out Highway System, Surface Transportation tion 182(a)(3) of title 23, United States Code, this section to each of the 50 States and the Program, Bridge, Congestion Mitigation and is amended— District of Columbia in accordance with the Air Quality Improvement (CMAQ)—would be (1) in subparagraph (A)(i), by striking percentage specified for each such State and significantly increased. Collectively, they ‘‘$100,000,000’’ and inserting ‘‘$25,000,000’’; the District of Columbia under section 105. would grow from $20.2 billion for FY 2003 to (2) by striking ‘‘PROJECT COSTS’’ and all ‘‘(B) USE OF FUNDS.—Funds allocated in ac- $28.6 billion by FY 2009. Also, they would that follows through ‘‘to be eligible’’ and in- cordance with subparagraph (A) may be used maintain their current proportion to one an- serting the following: ‘‘PROJECT COSTS.—To for any project eligible under this chapter ther. The Appalachian Highway program be eligible’’; that is designated by the State transpor- would be continued at present levels of $450 (3) by striking subparagraph (B); and tation department as a high priority million annually and the Recreational Trails (4) by redesignating clauses (i) and (ii) as project.’’; and program increased to $75 million annually. A subparagraphs (A) and (B), respectively, and (2) in subsection (b), by striking ‘‘For’’ and technical and conforming provision in sec- indenting appropriately. inserting ‘‘With respect to funds made avail- tion 11 of the bill would extend the Minimum

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Guarantee program—which would grow con- mate of large ‘‘negative RABA’’ for fiscal SECTION 5, ASSISTANCE IN OVERCOMING siderably by operation of its own terms. year 2003, a result that Congress found to be ECONOMIC AND DEMOGRAPHIC BARRIERS The High Priority Projects program would totally unacceptable. Congress proceeded to Section 5 would create a new type of pro- be continued but reduced from nearly $1.8 eliminate FY 2003 negative RABA through gram that would provide $2 billion per year billion in FY 2003 to a still-generous $1 bil- enactment of legislation (section 1402 of Pub- to assist States in overcoming certain eco- lion for each of FYs 2004–2009. The bill does lic Law No. 107–206). nomic and demographic characteristics that not pretend that high priority projects will Subsection (b) would carry forward fire- can make it more difficult to meet transpor- go away, but tries to set a realistic goal of walls and continue and improve RABA. Para- tation challenges. reducing them, providing States a wider role graphs (b)(1)–(3) would continue firewalls. Five challenges are recognized under this in administering the program. They would make clear that no spending section: low population density ($625 mil- Subsection (b) would authorize $2 billion limits may be imposed to limit highway pro- lion), high population density ($625 million), annually for the new economic and demo- gram obligations below the level of the obli- low income ($600 million), high population graphic barriers program set forth in section gation limit for that year, plus amounts ex- growth ($75 million), and high levels of State 5 of the bill. empt from the obligation limit for that year, road ownership ($75 million). In each cat- Subsection (c) would authorize additional plus any applicable upward adjustment due egory, the amount of funds distributed to a programs. The borders program and the cor- to RABA. The provisions would also protect State is increased when the degree of the ridors program would be separately author- any outlays made pursuant to the protected challenge is more extreme. ized, at $100 million annually each. Federal obligation (and exempt) levels. Once received by a State, these funds are to be treated as if received in the same pro- lands highways programs are reauthorized Paragraphs (b)(4) and (5) would continue portion as the State’s apportionments under and increased to the following annual levels: and improve RABA. Under the provisions the Interstate Maintenance, National High- Indian Reservation Roads, $300 million; Pub- there would be no negative RABA. As a re- way System, Surface Transportation Pro- lic Land Highways, $350 million; Park Roads, sult, States and the public would be able to $300 million; and Refuge Roads, $35 million. gram, Bridge, Congestion Mitigation and Air count on receiving at least the specified pro- Quality programs and would be subject to The programs for ferry boats and terminals, gram levels. scenic byways, and highways in Puerto Rico the administrative rules governing those The determination of whether additional programs. would be reauthorized at increased annual funding would be automatically provided, SECTION 6, EMERGENCY RELIEF levels of $50 million, $30 million, and $130 above the levels set in the obligation provi- million, respectively. sion, would be based on the balance in the The Emergency Relief program, 23 U.S.C. The program to combat highway use tax Highway Account, not based on current year 125, has been under funded for years. This section would double the Emergency Relief evasion would be significantly increased, revenue. Under current law, with program authorization from the Highway Account of from $5 million today to $40 million annually levels keyed to Highway Account income, the Highway Trust Fund from $100 million to from FYs 2004–2009. This is an important in- the current balance is locked up. One can $200 million annually. It also includes lan- vestment. Improved compliance with high- only access Account income, not the bal- way tax obligations will increase revenues guage limiting the Highway Account’s an- ance, even though the user taxes residing in nual contribution to the program to a max- available for the program. the Account were paid with the expectation Subsection (d) would double, to $50 million imum of that level. This in no way limits the that they would be invested in the highway annual, the TCSP program. Subsection (e) ability of the Congress to respond rapidly to program. would continue the National Historic Bridge emergencies, but it does address the degree As to the specifics of potential upward ad- Preservation program at $10 million annu- to which the Highway Account should be fi- justment in obligation authority under this ally. Subsection (f) would continue the pro- nancing the response. provision, a key point of reference for the gram for incentive grants for seat belt use at SECTION 7, INCREASED STABILITY OF calculations is that Congress should attempt $115 million annually. Subsection (g) would DISTRIBUTION UNDER ALLOCATION PROGRAMS to achieve a prudent, though not overly cau- continue current research programs at cur- Under this section States would be pro- tious balance in the Highway Account of ap- rent levels. Subsection (h) would authorize vided assurance of receiving at least some proximately $5 billion at the end of FY 2009. $75 million annually for 6 years for a new Fu- funding under some of these programs, while As the bill properly deletes negative RABA, ture Strategic Highway Research Program leaving some funding for treatment on a dis- it takes a cautious approach to allowing (‘‘FSHRP’’). Subsection (i) would continue cretionary basis. Thus, under subsections (c) positive RABA in the initial years of the bill, the current authorization for magnetic levi- and (d), 50 per cent of the funds for the TCSP not paying out all funds. tation deployment of such sums as may be and ITS deployment programs would be dis- Thus, as provided in paragraph (5) if, when necessary. Subsection (j) would continue au- tributed to the States based on their Min- the FY 2005 budget is submitted, it is esti- thorization for the TIFIA program at cur- imum Guarantee percentage shares, leaving mated that, but for upward adjustment of rent levels of $130 million annually. the balance for discretionary distribution. obligation levels, the balance in the Account SECTION 3, OBLIGATION CEILING As these programs grow, it is appropriate to as of the close of fiscal year 2009 would ex- move in the direction of mainstreaming This section amends the obligation ceiling ceed $7 billion, then there would be an up- their distribution, so that all States partici- provision of TEA–21 to set the obligation ward adjustment in FY 2005 obligation levels pate. limit for FYs 2004–2009 and to make a hand- of 50% of the estimated excess over that $7 In addition, under subsections (a) and (b), ful of changes. The non-technical provisions billion balance. concerning the separately funded border in- of the section include the following. However, as the RABA payments are frastructure and corridor programs, each Paragraph (a)(1) sets the annual obligation geared towards the fund balance, the 50% of border state, within the meaning of the bor- ceilings, starting at $34 billion for FY 2004 any calculated ‘‘excess’’ for a year that is der program, would receive at least 2 per and rising gradually to $39 billion for FY 2008 ‘‘forgone’’ in that year is not ‘‘lost’’ to the cent of the program’s funds. This leaves and $41 billion for FY 2009. Paragraph (a)(2) highway program, only delayed in release, if most of the funds for discretionary distribu- continues current exemptions from the obli- the estimates hold firm over the years. By tion but ensures some participation by the gation ceiling. Paragraph (a)(3) includes an FY 2009, the provision would pay out as border states in these programs. amendment that would newly provide the In- RABA, the full excess over a $5 billion bal- SECTION 8, HISTORIC PARK ROADS AND dian Reservation Roads program with obliga- ance in the Highway Account. PARKWAYS tion authority equal to authorizations. Para- This approach constrains upward adjust- This section would ensure that, in the ad- graph (a)(5) would continue the practice of ments in RABA obligations during the early ministration of the park roads and parkways setting a separate obligation limit for re- years of the bill out of respect for the possi- program, older and intensively used national search. Paragraph (a)(7) would provide for bility that revenues could be disappointing parks receive some priority in funding. obligation authority to be increased when during the later years of the bill. But this There are major parks, national treasures, called for by the terms of the RABA provi- approach still allows the currently large bal- where the roads in the parks or providing ac- sion. Paragraph (a)(8) would set a distinct ance in the Highway Account to be put to cess to them were initially constructed be- obligation limit on administrative expenses. work. fore 1940 and are in need of serious attention. SECTION 4, RELIABLE HIGHWAY PROGRAM LEV- Subsection (b) concerns budgetary protec- This provision focuses on such parks that ELS; REVISIONS TO REVENUE ALIGNED BUDGET tion only for the highway program, as it was handle many visitors, specifically those with AUTHORITY developed in conjunction with provisions over 1 million visitor days per year. The bill Subsection (a) of section 4 sets forth the concerning that program. Subsection (b) does not ignore other park and parkway Sense of the Senate as to why RABA should does not establish specific budget protec- needs, as the proposed increase represents an be continued but improved. Subsection (a) tions for highway safety and transit pro- increase apart from this section’s require- recites that under current law the balance in grams. Accordingly, subsection (c) of this ment that some funds be dedicated to these the Highway Account has grown, denying the section includes a Sense of the Senate reso- high-use, old infrastructure parks. public the benefit of the user taxes paid. It lution that appropriate protections for such SECTION 9, COOPERATIVE FEDERAL LANDS also recites that the RABA calculation programs, developed in conjunction with pro- TRANSPORTATION PROGRAM mechanism has led to annual program levels posals for such programs, should be included This section would ensure that at least that differ widely from prior estimates. In in final legislation reauthorizing highway some of the discretionary public lands fund- addition, the current law produced an esti- and transit programs. ing goes to States with significant public

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10696 CONGRESSIONAL RECORD — SENATE October 17, 2002 lands holdings, in proportion to the extent to SECTION 2 2004–2009, to address safety on rural which the land in such States is owned by This section amends section 9503(c) of the local roads. Funds could be used only the Federal Government (or held by the Fed- United States Internal Revenue Code to on local roads and rural minor collec- eral Government in trust). The provision allow expenditures pursuant to the Mega should make the delivery of our public lands tors, roads that are not Federal-aid Fund Act to be available from the Highway highways. highway projects more effective and effi- Trust Fund. cient. While leaving significant funds for dis- The program does not affect distribu- cretionary distribution, by making the dis- By Mr. BAUCUS (for himself, Mr. tion of funds among States, as funds tribution of some funds more regular, the CRAPO, and Mr CRAIG): will be distributed to each of the 50 provision would allow States to work with S. 3134. A bill to amend titles 23 and States in accord with their relative for- Federal agencies on projects on a longer mula share under 23 U.S.C. 105. Funds term and more regular basis. 49, United States Code, to encourage economic growth in the United States could be used only for projects or ac- SECTION 10, MISCELLANEOUS PROGRAM tivities that have a safety benefit. By IMPROVEMENTS by increasing transportation invest- January 1, 2009 the Secretary of Trans- This section contains a number of modest ments in rural areas, and for other pur- program improvements. Under subsection (c) poses; to the Committee on Environ- portation is to report on progress a State that has the flexibility to use CMAQ ment and Public Works. under the provision and whether any funds for highway projects in attainment Mr. BAUCUS. Mr. President I rise modifications are recommended. areas could use those funds for projects in today to introduce a bill to help rural Finally, just as the MEGA RED attainment areas that would help prevent America. Now I am always trying to TRANS ACT does, the MEGA RURAL pollution. Subsection (e) would codify cur- help Montana, but this bill will help ACT would ensure that, as Federal rent practice, under which forest highway every State. Today I introduce the transit programs are reauthorized, in- projects are not undertaken in a State with- creased funding is provided to meet the out the concurrence of the State. Subsection MEGA RURAL ACT, Maximum Eco- (d) would allow small States the potential to nomic Growth for America Through needs of the elderly and disabled and of participate in the TIFIA credit program, by Rural Transportation Investment. rural and small urban areas. lowering the project threshold under that Quite simply, there are rural trans- There is no question that our na- program to $25 million from $100 million. portation needs not being met nation- tion’s large metropolitan areas have Subsection (b) would increase State flexi- wide. This bill addresses those needs. substantial transit needs that will re- bility in choosing rail-highway crossing This is the eighth bill in a series of ceive attention as transit reauthoriza- projects. Subsection (a) would correct anom- bills that Senator CRAPO and I are in- tion legislation is developed. But the alies in highway statutes that result in inad- transit needs of rural and smaller equate recognition of the economic difficul- troducing to highlight our proposals on ties facing States with large Federal land reauthorization of TEA 21—the Trans- areas, and of our elderly and disabled holdings. portation Equity Act for the 21st Cen- citizens, also require additional atten- States with significant Federal lands have tury. tion and funding. greater difficulty raising the non-Federal So far we’ve introduced a series of The bill would provide that addi- match for Federal projects due to the re- MEGA ACTs, Maximum Economic tional funding in a way that does not strictions on the use of Federal lands for eco- Growth for America Through different impact other portions of the transit nomic activity and the inability of the States to tax such lands. Thus, the basic rule types of investments and policy program. For example, while the bill in title 23 of the U.S. Code has long been that changes. In the past 6 months I have would at least double every State’s the non-Federal match is reduced in such introduced MEGA TRUST, MEGA RED funding for the elderly and disabled States. Yet careful review of title 23 reveals TRANS, MEGA FUND, Parts I and II, transit program by FY 2004, nothing in many provisions, including even the bridge MEGA SAFE, MEGA STREAM and the bill would reduce funding for any program, which do not follow this general MEGA INNOVATE. Today it’s the portion of the transit program or for rule. This section would update the Federal MEGA RURAL ACT. any State. lands match provision, to reflect the greater The first provision in the MEGA To the contrary, the bill would help difficulty in raising match faced by such States and to ensure that the principle of the RURAL Act will help states overcome strengthen the transit program as a reduced match for Federal lands States is ap- certain rural hardships. In the same whole by providing that the Mass Tran- plied to all major elements of the highway manner as the MEGA FUND ACT ad- sit Account of the Highway Trust Fund program. dresses this, the MEGA RURAL ACT is credited with the interest on its bal- The subsection on Historic Bridges would would create a new program, at $2 bil- ance. This is a key provision in the allow states to use bridge program funds up lion annually, to assist States in deal- MEGA TRUST Act the MEGA RED to an amount not to exceed 200 percent of TRANS Act, and now the MEGA the cost of demolishing a historic bridge. Ad- ing with certain economic and demo- ditionally, this subsection repeals the prohi- graphic barriers. RURAL ACT. bition on the use of Federal-aid highway This would be a new type of program, Specifically, the bill would set mod- funds in the future, for projects associated not subject to the minimum guarantee, est minimum annual apportionments, with such bridges after the bridge has been that is not keyed to specific project by State, for the elderly and disabled donated. types but to types of problems facing transit program, the rural transit pro- This flexibility does not create an obliga- States. States with low population den- gram, and for States that have urban- tion on the state to fund preservation or relocation of a historic bridge. sity, or low per capita incomes, for ex- ized areas with a population of less ample, face real challenges. While the than 200,000. SECTION 11, MISCELLANEOUS PROGRAM It would ensure that each State that EXTENSIONS AND TECHNICAL REVISIONS provision also addresses some problems This largely technical section would: not faced by non-rural States, this new sec- has a small urbanized area receives a extend a takedown of surface transportation tion will give real help to rural States. minimum of $11 million for these three program funds that has been used to support The different approach of this pro- programs. a narrow class of projects; continue the Min- gram lets States facing those problems It is not a large amount of money imum Guarantee program, the discretionary receive funds and pick the projects. but, for my State of Montana it is dou- bridge program, Puerto Rico highway pro- Every one of the 50 States would re- ble what we get for those programs gram, and the DBE program. Given overall ceive significant funding under this currently. For some other States it is funding increases, the provision does not ex- program every year. more than four times what they re- tent the Interstate Maintenance Discre- tionary program, further increasing funds The second issue that the MEGA ceive. available to all the States under that pro- RURAL ACT addresses is that of rural The bill would also establish a $30 gram. It establishes a placeholder for dis- roads. I’ve been hearing from County million program for essential bus serv- tribution of funds for high priority projects. Commissioners from Montana as well ice, to help connect citizens in rural SECTION 12, EFFECTIVE DATE as other States, about how much they communities to the rest of the world Under this section the provisions of the need direct funding for local roads. by facilitating transportation between bill would take effect on October 1, 2003. These localities are hard pressed for rural areas and airports and passenger MEGA FUND ACT, PART II—SECTION-BY- funds and many of these roads are un- rail stations. SECTION ANALYSIS safe. This bill, just as the MEGA SAFE I am very aware of the role that pub- SECTION 1, SHORT TITLE ACT does, would establish a pilot pro- lic transit plays in the lives of rural This section sets forth the title of the bill. gram, at $200 million annually from FY citizens and the elderly and disabled.

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 17, 2002 CONGRESSIONAL RECORD — SENATE S10697 When most people hear the word ‘‘tran- ‘‘(8) STATE.—The term ‘State’ means each ‘‘(bb) the amounts in excess of $35,000,000 sit’’ they think of a light rail system. of the 50 States. shall be subject to 1 or more further re- But in rural areas transit translates to ‘‘(9) STATE WITH EXTENSIVE ROAD OWNER- allocations in accordance with that sub- buses and vanpools. SHIP.—The term ‘State with extensive road clause so that no low-population-density ownership’ means a State that owns more State is allocated more than $35,000,000 under Its about time that these issues are than 80 percent of the total Federal-aid and this paragraph. being addressed for rural America. non-Federal-aid mileage in the State accord- ‘‘(4) HIGH-POPULATION-DENSITY STATES.— Thank You. ing to Table HM–14 of the Highway Statis- ‘‘(A) IN GENERAL.—Subject to subparagraph I ask unanimous consent that the tics. (B), for each fiscal year, each high-popu- text of the bill be printed in the ‘‘(b) ESTABLISHMENT.—There is established lation-density State shall receive an alloca- RECORD. a program to assist States that face certain tion under this paragraph that is equal to There being no objection, the bill was economic and demographic barriers in meet- the product obtained by multiplying— ‘‘(i) $625,000,000; and ordered to be printed in the RECORD, as ing transportation needs. ‘‘(ii) the ratio that— ‘‘(c) ALLOCATION OF FUNDS.—For each of follows: ‘‘(I) the quotient obtained by dividing— S. 3134 fiscal years 2004 through 2009, funds made available to carry out this section shall be ‘‘(aa) the population of the high-popu- Be it enacted by the Senate and House of Rep- lation-density State according to the 2000 allocated as follows: resentatives of the United States of America in Census; by ‘‘(1) LOW-INCOME STATES.—For each fiscal Congress assembled, ‘‘(bb) the number of principal arterial year, each low-income State shall receive an miles in the State; bears to SECTION 1. SHORT TITLE. allocation under this paragraph that is equal ‘‘(II) the sum of the quotients determined This Act may be cited as the ‘‘Maximum to the product obtained by multiplying— under subclause (I) for all high-population- Economic Growth for America Through ‘‘(A) $600,000,000; and density States. Rural Transportation Investment Act’’ or ‘‘(B) the ratio that— ‘‘(B) MAXIMUM ALLOCATION.— the ‘‘MEGA Rural Act’’. ‘‘(i) the difference between— ‘‘(i) IN GENERAL.—If the allocation for a SEC. 2. ASSISTANCE IN OVERCOMING ECONOMIC ‘‘(I) the national average per capita in- AND DEMOGRAPHIC BARRIERS. high-population-density State under sub- come; and paragraph (A) is greater than $35,000,000, the (a) IN GENERAL.—Title 23, United States ‘‘(II) the per capita income of the low-in- Code, is amended by inserting after section allocation of the high-population-density come State; bears to State shall be reduced to $35,000,000. 138 the following: ‘‘(ii) the sum of the differences determined ‘‘(ii) USE OF EXCESS ALLOCATIONS.— ‘‘§ 139. Assistance in overcoming economic under clause (i) for all low-income States. ‘‘(I) REALLOCATION.—Subject to subclause and demographic barriers ‘‘(2) HIGH-GROWTH STATES.—For each fiscal (II), the funds in addition to the $35,000,000 ‘‘(a) DEFINITIONS.—In this section: year, each high-growth State shall receive that would have been allocated to a high- ‘‘(1) HIGH-GROWTH STATE.—The term ‘high- an allocation under this paragraph that is population-density State but for clause (i) growth State’ means a State that has a pop- equal to the product obtained by multi- shall be reallocated among the high-popu- ulation according to the 2000 Census that is plying— lation-density States that were allocated at least 25 percent greater than the popu- ‘‘(A) $75,000,000; and less than $35,000,000 under subparagraph (A) lation for the State according to the 1990 ‘‘(B) the ratio that— in accordance with the proportionate shares Census. ‘‘(i) the percentage by which the popu- of those high-population-density States ‘‘(2) HIGH-POPULATION-DENSITY STATE.—The lation of the high-growth State according to under subparagraph (A). term ‘high-population-density State’ means the 2000 Census exceeds the population of the ‘‘(II) ADDITIONAL REALLOCATIONS.—If a re- a State in which the number of individuals high-growth State according to the 1990 Cen- allocation under subclause (I) would result in per principal arterial mile is greater than 75 sus; bears to the receipt by any high-population-density percent of the number of individuals per ‘‘(ii) the sum of the percentages deter- State of an amount greater than $35,000,000 principal arterial mile in the 50 States and mined under clause (i) for all high-growth under this paragraph— the District of Columbia, as determined States. ‘‘(aa) the allocation for the high-popu- using population according to the 2000 Cen- ‘‘(3) LOW-POPULATION-DENSITY STATES.— lation-density State shall be reduced to sus. ‘‘(A) IN GENERAL.—Subject to subparagraph $35,000,000; and ‘‘(3) HIGHWAY STATISTICS.— (B), for each fiscal year, each low-popu- ‘‘(bb) the amounts in excess of $35,000,000 ‘‘(A) IN GENERAL.—The term ‘Highway Sta- lation-density State shall receive an alloca- shall be subject to 1 or more further re- tistics’ means the Highway Statistics pub- tion under this paragraph that is equal to allocations in accordance with that sub- lished by the Federal Highway Administra- the product obtained by multiplying— clause so that no high-population-density tion for the most recent calendar or fiscal ‘‘(i) $625,000,000; and State is allocated more than $35,000,000 under year for which data are available, which ‘‘(ii) the ratio that— this paragraph. most recent calendar or fiscal year shall be ‘‘(I) the quotient obtained by dividing— ‘‘(5) STATES WITH EXTENSIVE ROAD OWNER- determined as of the first day of the fiscal ‘‘(aa) the number of principal arterial SHIP.—For each fiscal year, each State with year for which any calculation using the miles in the State; by extensive road ownership shall receive an al- Highway Statistics is made. ‘‘(bb) the population of the low-population- location under this paragraph that is equal ‘‘(B) TERMS.—Any reference to a term that density State according to the 2000 Census; to the product obtained by multiplying— is used in the Highway Statistics is a ref- bears to ‘‘(A) $75,000,000; and erence to the term as used in the Highway ‘‘(II) the sum of the quotients determined ‘‘(B) the ratio that— Statistics as of September 30, 2002. under subclause (I) for all low-population- ‘‘(i) the total Federal-aid and non-Federal- ‘‘(4) LOW-INCOME STATE.—The term ‘low-in- density States. aid mileage owned by each State with exten- come State’ means a State that, according ‘‘(B) MAXIMUM ALLOCATION.— sive road ownership according to Table HM– to Table PS–1 of the Highway Statistics, has ‘‘(i) IN GENERAL.—If the allocation for a 14 of the Highway Statistics; bears to a per capita income that is less than the na- low-population-density State under subpara- ‘‘(ii) the sum of the mileages determined tional average per capita income. graph (A) is greater than $35,000,000, the allo- under clause (i) for all States with extensive ‘‘(5) LOW-POPULATION-DENSITY STATE.—The cation of the low-population-density State road ownership. term ‘low-population-density State’ means a shall be reduced to $35,000,000. ‘‘(d) TREATMENT OF ALLOCATED FUNDS.— State in which the number of individuals per ‘‘(ii) USE OF EXCESS ALLOCATIONS.— ‘‘(1) IN GENERAL.—Subject to paragraph (2), principal arterial mile is less than 75 percent ‘‘(I) REALLOCATION.—Subject to subclause funds allocated to a State under this section of the number of individuals per principal ar- (II), the funds in addition to the $35,000,000 for a fiscal year shall be treated for program terial mile in the 50 States and the District that would have been allocated to a low-pop- administrative purposes as if the funds— of Columbia, as determined using population ulation-density State but for clause (i) shall ‘‘(A) were funds apportioned to the State according to the 2000 Census. be reallocated among the low-population- under sections 104(b)(1), 104(b)(2), 104(b)(3), ‘‘(6) NATIONAL AVERAGE PER CAPITA IN- density States that were allocated less than 104(b)(4), and 144; and COME.—The term ‘national average per cap- $35,000,000 under subparagraph (A) in accord- ‘‘(B) were apportioned to the State in the ita income’ means the average per capita in- ance with the proportionate shares of those same ratio that the State is apportioned come for the 50 States and the District of Co- low-population-density States under sub- funds under the sections specified in para- lumbia, as specified in the Highway Statis- paragraph (A). graph (1) for the fiscal year. tics. ‘‘(II) ADDITIONAL REALLOCATIONS.—If a re- ‘‘(2) PROGRAM ADMINISTRATIVE PURPOSES.— ‘‘(7) PRINCIPAL ARTERIAL MILES.—The term allocation under subclause (I) would result in Program administrative purposes referred to ‘principal arterial miles’, with respect to a the receipt by any low-population-density in paragraph (1)— State, means the principal arterial miles (in- State of an amount greater than $35,000,000 ‘‘(A) include— cluding Interstate and other expressway or under this paragraph— ‘‘(i) the Federal share; freeway system miles) in the State, as speci- ‘‘(aa) the allocation for the low-popu- ‘‘(ii) availability for obligation; and fied in Table HM–20 of the Highway Statis- lation-density State shall be reduced to ‘‘(iii) except as provided in subparagraph tics. $35,000,000; and (B), applicability of deductions; and

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10698 CONGRESSIONAL RECORD — SENATE October 17, 2002 ‘‘(B) exclude— (B) the total of all public road miles within minimum equal to the minimum required to ‘‘(i) calculation of the minimum guarantee all counties in the State that are function- be apportioned to the State for fiscal year under section 105; and ally classified as rural local roads or rural 2006 plus $500,000.’’; and ‘‘(ii) applicability of the deduction for the minor collectors. (2) by adding at the end the following: future strategic highway research program (2) ALTERNATIVE FORMULA FOR ALLOCA- ‘‘(k) AMOUNTS FOR OPERATING ASSIST- under section 104(m).’’. TION.—Paragraph (1) shall not apply to a ANCE.—Amounts made available under this (b) ASSISTANCE IN OVERCOMING ECONOMIC State if the State transportation department section may be used for operating assistance. AND DEMOGRAPHIC BARRIERS.—For the pro- certifies to the Secretary that the State has ‘‘(l) AVAILABLE FUNDS.—Notwithstanding gram to provide assistance in overcoming in effect an alternative formula or system any other provision of law, of the aggregate economic and demographic barriers under for allocation of funds received under sub- amounts made available by and appropriated section 139 of title 23, United States Code, section (c) (including an alternative formula under this chapter, the amount made avail- there is authorized to be appropriated out of or system that permits allocations to polit- able to provide transportation services to el- the Highway Trust Fund (other than the ical subdivisions or groups of political sub- derly individuals and individuals with dis- Mass Transit Account) $2,000,000,000 for each divisions, in addition to individual counties, abilities under this section in each of fiscal of fiscal years 2004 through 2009. in the State) that— years 2004 through 2009, shall be not less than (c) CONFORMING AMENDMENT.—The analysis (A) was developed under the authority of the amount necessary to match the min- for subchapter I of chapter 1 of title 23, State law; and imum apportionment levels required by sub- United States Code, is amended by inserting (B) provides that funds allocated to the section (b).’’. after the item relating to section 138 the fol- State transportation department under this SEC. 5. MINIMUM LEVEL OF FUNDING FOR lowing: section will be allocated within the State in RURAL PROGRAM. Section 5311 of title 49, United States Code, accordance with a program that includes se- ‘‘139. Assistance in overcoming economic and is amended— lection by local governments of eligible ac- demographic barriers.’’. (1) in subsection (c), in the first sentence, tivities funded under this section. SEC. 3. RURAL LOCAL ROADS SAFETY PILOT PRO- by striking the period at the end and insert- (3) ADMINISTRATIVE EXPENSES.—Before allo- GRAM. ing the following: ‘‘, provided that none of cating amounts under paragraph (1) or (2), as (a) DEFINITIONS.—In this section: the 50 States shall receive, from the amounts applicable, a State transportation depart- (1) IN GENERAL.— annually apportioned under this section, an ment may retain not more than 10 percent of (A) ELIGIBLE ACTIVITY.— apportionment of less than $5,000,000 for each an amount allocated to the State transpor- (i) IN GENERAL.—The term ‘‘eligible activ- of fiscal years 2004, 2005, and 2006, and tation department under subsection (c) for ity’’ means a project or activity that— $5,500,000 for each of fiscal years 2007, 2008, administrative costs incurred in carrying (I) is carried out only on public roads that and 2009.’’; and are functionally classified as rural local out this section. (e) PROJECT SELECTION.— (2) by adding at the end the following: roads or rural minor collectors (and is not ‘‘(k) AMOUNTS.—Notwithstanding any (1) BY COUNTY.—If an allocation of funds carried out on a Federal-aid highway); and other provision of law, of the aggregate within a State is made under subsection (II) provides a safety benefit. amounts made available by and appropriated (d)(1), counties within the State to which the (ii) INCLUSIONS.—The term ‘‘eligible activ- under this chapter, the amount made avail- funds are allocated shall select eligible ac- ity’’ includes— able for the program established by this sec- tivities to be carried out using the funds. (I) a project or program such as those de- tion in each of fiscal years 2004 through 2009 (2) BY STATE ALTERNATIVE.—If an alloca- scribed in section 133(d)(1) of title 23, United shall be not less than the sum of— tion of funds within a State is made under States Code; ‘‘(1) the amount made available for all subsection (d)(2), eligible activities to be car- (II) road surfacing or resurfacing; States for such purpose for fiscal year 2003; ried out using the funds shall be selected in (III) improvement or maintenance of local and accordance with the State alternative. bridges; ‘‘(2)(A) for each of fiscal years 2004, 2005, (f) FEDERAL SHARE.—The Federal share of (IV) road reconstruction or improvement; the cost of an eligible activity carried out and 2006, the amount equal to the difference (V) installation or improvement of sign- under this section shall be 100 percent. between $5,000,000 and the apportionment for age, signals, or lighting; (g) REPORT.—Not later than January 1, fiscal year 2003, for each of those individual (VI) a maintenance activity that provides 2009, after providing States, local govern- States that were apportioned less than a safety benefit (including repair work, ments, and other interested parties an oppor- $5,000,000 under this section for fiscal year striping, surface marking, or a similar safety tunity for comment, the Secretary shall sub- 2003; or precaution); or mit to the Committee on Environment and ‘‘(B) for each of fiscal years 2007, 2008, and (VII) acquisition of materials for use in Public Works of the Senate and the Com- 2009, the amount equal to the difference be- projects described in any of subclauses (I) mittee on Transportation and Infrastructure tween $5,500,000 and the apportionment for through (VI). of the House of Representatives a report fiscal year 2003, for each of those individual (B) PROGRAM.—The term ‘‘program’’ means that— States that were apportioned less than the rural local roads safety pilot program es- (1) describes progress made in carrying out $5,500,000 under this section for fiscal year tablished under subsection (b). the program; and 2003.’’. (C) STATE.—The term ‘‘State’’ does not in- (2) includes recommendations as to wheth- SEC. 6. ESSENTIAL BUS SERVICE. clude the District of Columbia or Puerto er the program should be continued or modi- (a) IN GENERAL.—Chapter 53 of title 49, Rico. fied. United States Code, is amended by adding at (2) OTHER TERMS.—Except as otherwise pro- (h) CONTRACT AUTHORITY.—Funds made the end the following: vided, terms used in this section have the available to carry out this section shall be ‘‘§ 5339. Essential bus service meanings given those terms in title 23, available for obligation in the same manner ‘‘(a) IN GENERAL.—The Secretary shall es- United States Code. as if the funds were apportioned under chap- tablish a program under which States shall (b) ESTABLISHMENT.—The Secretary shall ter 1 of title 23, United States Code, except provide essential bus service between rural establish a rural local roads safety pilot pro- that the Federal share of the cost of an eligi- areas and primary airports, as defined in sec- gram to carry out eligible activities. ble activity under this section shall be deter- tion 47102, and between rural areas and sta- (c) ALLOCATION OF FUNDS WITH RESPECT TO mined in accordance with this section. tions for intercity passenger rail service, and STATES.—For each fiscal year, funds made (i) AUTHORIZATION OF APPROPRIATIONS.— appropriate intermediate or nearby points. available to carry out this section shall be There is authorized to be appropriated out of ‘‘(b) ELIGIBLE ACTIVITIES.—Eligible activi- allocated by the Secretary to the State the Highway Trust Fund (other than the ties under the program established by this transportation department in each of the Mass Transit Account) to carry out this sec- section shall include— States in the ratio that— tion $200,000,000 for each of fiscal years 2004 ‘‘(1) planning and marketing for intercity (1) the relative share of the State under through 2009. bus transportation; section 105 of title 23, United States Code, for SEC. 4. MINIMUM LEVEL OF FUNDING FOR EL- ‘‘(2) capital grants for intercity bus shel- a fiscal year; bears to DERLY AND DISABLED PROGRAM. ters, park and ride facilities, and joint use (2) the total shares of all 50 States under Section 5310 of title 49, United States Code, facilities; that section for the fiscal year. is amended— ‘‘(3) operating grants, including direct as- (d) ALLOCATION OF FUNDS WITHIN STATES.— (1) in subsection (b), in the first sentence, sistance, purchase of service agreements, Each State that receives funds under sub- by striking the period at the end and insert- user-side subsidies, demonstration projects, section (c) shall allocate those funds within ing the following: ‘‘, provided that, for fiscal and other means; and the State as follows: years 2004, 2005, and 2006, each State shall re- ‘‘(4) enhancement of connections between (1) COUNTIES.—Except as provided in para- ceive annually, of the amounts apportioned bus service and commercial air passenger graph (2) and subject to paragraph (3), a under this section, a minimum of double the service and intercity passenger rail service. State shall allocate to each county in the amount apportioned to the State in fiscal ‘‘(c) AVAILABILITY OF FUNDS.—Amounts State an amount in the ratio that— year 2003 or $1,000,000, whichever is greater, made available pursuant to this section shall (A) the public road miles within the county and that for fiscal years 2007, 2008, and 2009, remain available until expended. that are functionally classified as rural local each State shall receive annually, of the ‘‘(d) RELATIONSHIP TO SECTION 5311.— roads or rural minor collectors; bears to amounts apportioned under this section, a Amounts for the program established by this

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 17, 2002 CONGRESSIONAL RECORD — SENATE S10699 section shall be apportioned to the States in ‘‘5340. Government share.’’. electrical generators at 2001 levels by the same proportion as amounts apportioned SEC. 9. INTEREST CREDITED TO MASS TRANSIT 2012. Generators can meet that goal to the States under section 5311. Section ACCOUNT. with a flexible system that allows both 5311(j) applies to this section. Section 9503(f)(2) of the Internal Revenue trading between generators. ‘‘(e) FUNDS.—Notwithstanding any other Code of 1986 (relating to the Highway Trust The bill also includes flexible options provision of law, of the aggregate amounts Fund) is amended by striking the period at made available by and appropriated under the end and inserting the following: ‘‘, pro- to reduce the costs of controlling car- this chapter— vided that after September 30, 2003, interest bon dioxide emissions through inter- ‘‘(1) for fiscal years 2004, 2005, and 2006, accruing on the balance in the Mass Transit national projects and through forest $30,000,000 of the total for each fiscal year Account shall be credited to such account.’’. and agricultural projects that can se- shall be for the implementation of this sec- quester carbon from the atmosphere tion; and By Mr. CARPER (for himself, Mr. while also providing additional envi- ‘‘(2) for fiscal years 2007, 2008, and 2009, CHAFEE, Mr. BREAUX, and Mr. ronmental benefits. Part of the task $35,000,000 of the total for each fiscal year BAUCUS): ahead is to get better analysis that shall be for the implementation of this sec- S. 3135. A bill to amend the Clean Air tion.’’. helps determine the right parameters (b) TECHNICAL AND CONFORMING AMEND- Act to establish a national uniform for these flexibility provisions, so that MENT.—The table of sections for chapter 53 of multiple air pollutant regulatory pro- the bill provides a smooth least-cost title 49, United States Code, is amended by gram for the electric generating sector; transition for the industry yet also de- adding at the end the following: to the Committee on Environment and livers a meaningful incentive for im- ‘‘5339. Essential bus service.’’. Public Works. proved efficiency and reduced emis- SEC. 7. MINIMUM LEVEL OF FUNDING FOR UR- Mr. CARPER. Mr. President, this sions from power plants. BANIZED AREAS WITH A POPU- past June, at an EPW Committee In the context of comprehensive leg- LATION OF LESS THAN 200,000. markup, I joined the majority of com- islation that will achieve significant (a) MINIMUM APPORTIONMENT.—Section 5336(a)(1) of title 49, United States Code, is mittee members in reporting out legis- reductions in emissions from power amended by striking ‘‘mile; and’’ and insert- lation to reduce harmful emissions plants, some existing regulatory re- ing the following: ‘‘mile, from our Nation’s power plants. At quirements should be updated. This bill provided that the apportionments under this that time, I offered, and then withdrew carefully updates some New Source Re- paragraph shall be modified to the extent re- an alternate, comprehensive, 4-emis- view requirements to eliminate redun- quired so that urbanized areas that are eligi- sion approach. Since then, along with dancy while retaining strict environ- ble under this paragraph and are located in a representatives from electric genera- mental protections. State in which all urbanized areas in the tors who would be impacted by such I have heard from several experts in State eligible under this paragraph collec- legislation, and some leaders in the en- recent weeks who have studied provi- tively receive apportionments totaling less vironmental community, I have sions of this bill as it was being devel- than $5,000,000 in any of fiscal years 2004, worked to strengthen my amendment oped, and I plan to engage them in fur- 2005, or 2006, or less than $5,500,000 in any of ther discussions in the weeks and fiscal years 2007, 2008, or 2009, shall each have even further. The result is the Clean their apportionments increased, proportion- Air Planning Act. I rise today to intro- months ahead. I appreciate their will- ately, to the extent that, collectively, all of duce this bill, and am pleased to be ingness to help keep this important the urbanized areas in the State that are eli- joined by Senators CHAFEE, BEAUX, and topic moving forward. This is a com- gible under this paragraph receive, of the BAUCUS. plex issue, one that should be of great amounts apportioned annually under this The bill takes a market-based ap- importance to electric generators, en- paragraph, $5,000,000 for each of fiscal years proach that would aggressively reduce vironmental leaders, State and local 2004, 2005, and 2006, and $5,500,000 for each of regulators, and to each of us here in fiscal years 2007, 2008, and 2009; and’’. emissions of sulfur dioxide, SO2, nitrogen oxides, NO , carbon dioxide, CO , the Senate. There are numerous com- (b) FUNDS.—Section 5307 of title 49, United X 2 plicated issues in this legislation such States Code, is amended by adding at the end and mercury from electrical power gen- the following: erators. This approach also would pro- as the proper extent of crediting off ‘‘(o) FUNDS.—Notwithstanding any other vide planning and regulatory certainty system carbon reductions, equitable al- provision of law, of the aggregate amounts to electric generators, who are required location of allowances, appropriate made available by and appropriated under to achieve these reductions. It is mind- regulatory streamlining, and preven- this chapter, in each of fiscal years 2004 ful of the fact that coal fuels approxi- tion of local impacts, and we invite as- through 2009, the amount made available for sistance from all who want to help us the program established by this section shall mately 50 percent of our Nation’s electricity and contributes a dispropor- address these issues. be not less than the sum of— Today, America’s power plants will tionate share of emissions, and will re- ‘‘(1) the amount made available for such emit over 6 million tons of harmful purpose for fiscal year 2003; and main the leading source of reliable, af- emissions. They will also power the ‘‘(2) the amount equal to the sum of the in- fordable electricity for decades to world’s most productive economy. Re- crease in apportionments for that fiscal year come. ducing emissions while retaining af- over fiscal year 2003, to urbanized areas with The public health and environmental a population of less than 200,000, in affected fordable electricity is the goal of the impacts of SO , NO , and mercury have States, attributable to the operation of sec- 2 X Clean Air Planning Act, and I urge my been well documented. While there is tion 5336(a)(1).’’. colleagues to join me in this effort. I bipartisan agreement that emissions of SEC. 8. LEVEL PLAYING FIELD FOR GOVERN- look forward to developing consensus MENT SHARE. these three pollutants from power within the Senate next year and pass- (a) IN GENERAL.—Chapter 53 of title 49, plants need further control, there is ing strong, comprehensive legislation. United States Code (as amended by section 6) some disagreement over how much and is amended by adding at the end the fol- Thank you, Mr. President. I ask how fast. The Clean Air Planning Act unanimous consent that the text of lowing: would establish significant caps on ‘‘§ 5340. Government share this bill be printed in the RECORD. total emissions of these pollutants, but There being no objection, the bill was ‘‘With respect to amounts apportioned or the caps would be phased in to provide ordered to be printed in the RECORD, as otherwise distributed for fiscal year 2004 and the industry the time needed to meet each subsequent fiscal year, the Government follows: share of eligible transit project costs or eli- the caps. In addition, the bill includes S. 3135 gible operating costs, shall be the greater a flexible trading system to allow the Be it enacted by the Senate and House of Rep- of— caps to be attained most efficiently. resentatives of the United States of America in ‘‘(1) the share applicable under other provi- There is also a growing consensus Congress assembled, sions of this chapter; or that greenhouse gases such as CO2 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ‘‘(2) the share that would apply, in the emissions from power plants are con- (a) SHORT TITLE.—This Act may be cited as State in which the transit project or oper- tributing to climate change. The time the ‘‘Clean Air Planning Act of 2002’’. ation is located, to a highway project under has come to set up mechanisms that (b) TABLE OF CONTENTS.—The table of con- section 133 of title 23.’’. tents of this Act is as follows: will address these emissions without (b) TECHNICAL AND CONFORMING AMEND- Sec. 1. Short title; table of contents. MENT.—The table of sections for chapter 53 of impeding economic growth. The Clean Sec. 2. Findings and purposes. title 49, United States Code, is amended by Air Planning Act establishes the mod- Sec. 3. Integrated air quality planning for adding at the end the following: est goal of capping CO2 emissions from the electric generating sector.

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00069 Fmt 4624 Sfmt 0655 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10700 CONGRESSIONAL RECORD — SENATE October 17, 2002 Sec. 4. New source review program. ‘‘SEC. 701. DEFINITIONS. ‘‘(A) wind; Sec. 5. Revisions to sulfur dioxide allowance ‘‘In this title: ‘‘(B) organic waste (excluding incinerated program. ‘‘(1) AFFECTED UNIT.— municipal solid waste); Sec. 6. Relationship to other law. ‘‘(A) MERCURY.—The term ‘affected unit’, ‘‘(C) biomass (including anaerobic diges- SEC. 2. FINDINGS AND PURPOSES. with respect to mercury, means a coal-fired tion from farm systems and landfill gas re- (a) FINDINGS.—Congress finds that— electric generating facility (including a co- covery); (1) fossil fuel-fired electric generating fa- generating facility) that— ‘‘(D) fuel cells; or cilities, consisting of facilities fueled by ‘‘(i) has a nameplate capacity greater than ‘‘(E) a hydroelectric, geothermal, solar coal, fuel oil, and natural gas, produce near- 25 megawatts; and thermal, photovoltaic, or other nonfossil ly 2⁄3 of the electricity generated in the ‘‘(ii) generates electricity for sale. fuel, nonnuclear source. United States; ‘‘(B) NITROGEN OXIDES AND CARBON DIOX- ‘‘(12) RENEWABLE ENERGY UNIT.—The term (2) fossil fuel-fired electric generating fa- IDE.—The term ‘affected unit’, with respect ‘renewable energy unit’ means an electric cilities produce approximately 2⁄3 of the total to nitrogen oxides and carbon dioxide, means generating facility that uses exclusively re- sulfur dioxide emissions, 1⁄3 of the total ni- a fossil fuel-fired electric generating facility newable energy to supply electricity to the trogen oxides emissions, 1⁄3 of the total car- (including a cogenerating facility) that— electric power grid. bon dioxide emissions, and 1⁄3 of the total ‘‘(i) has a nameplate capacity greater than ‘‘(13) SEQUESTRATION.—The term ‘seques- mercury emissions, in the United States; 25 megawatts; and tration’ means the action of sequestering (3)(A) many electric generating facilities ‘‘(ii) generates electricity for sale. carbon by— have been exempt from the emission limita- ‘‘(C) SULFUR DIOXIDE.—The term ‘affected ‘‘(A) enhancing a natural carbon sink (such tions applicable to new units based on the unit’, with respect to sulfur dioxide, has the as through afforestation); or expectation that over time the units would meaning given the term in section 402. ‘‘(B)(i) capturing the carbon dioxide emit- be retired or updated with new pollution con- ‘‘(2) CARBON DIOXIDE ALLOWANCE.—The ted from a fossil fuel-based energy system; trol equipment; but term ‘carbon dioxide allowance’ means an and (B) many of the exempted units continue authorization allocated by the Adminis- ‘‘(ii)(I) storing the carbon in a geologic for- to operate and emit pollutants at relatively trator under this title to emit 1 ton of car- mation or in a deep area of an ocean; or high rates; bon dioxide during or after a specified cal- ‘‘(II) converting the carbon to a benign (4) pollution from existing electric gener- endar year. solid material through a biological or chem- ating facilities can be reduced through adop- ‘‘(3) COVERED UNIT.—The term ‘covered ical process. tion of modern technologies and practices; unit’ means— ‘‘(14) SULFUR DIOXIDE ALLOWANCE.—The (5) the electric generating industry is being ‘‘(A) an affected unit; term ‘sulfur dioxide allowance’ has the restructured with the objective of providing ‘‘(B) a nuclear generating unit with respect meaning given the term ‘allowance’ in sec- lower electricity rates and higher quality to incremental nuclear generation; and tion 402. service to consumers; ‘‘(C) a renewable energy unit. ‘‘SEC. 702. NATIONAL POLLUTANT TONNAGE LIMI- TATIONS. (6) the full benefits of competition will not ‘‘(4) GREENHOUSE GAS.—The term ‘green- be realized if the environmental impacts of house gas’ means— ‘‘(a) SULFUR DIOXIDE.—The annual tonnage generation of electricity are not uniformly ‘‘(A) carbon dioxide; limitation for emissions of sulfur dioxide from affected units in the United States internalized; and ‘‘(B) methane; shall be equal to— (7) the ability of owners of electric gener- ‘‘(C) nitrous oxide; ‘‘(1) for each of calendar years 2008 through ating facilities to effectively plan for the fu- ‘‘(D) hydrofluorocarbons; 2011, 4,500,000 tons; ture is impeded by the uncertainties sur- ‘‘(E) perfluorocarbons; and ‘‘(2) for each of calendar years 2012 through rounding future environmental regulatory ‘‘(F) sulfur hexafluoride. 2014, 3,500,000 tons; and requirements that are imposed inefficiently ‘‘(5) INCREMENTAL NUCLEAR GENERATION.— ‘‘(3) for calendar year 2015 and each cal- on a piecemeal basis. The term ‘incremental nuclear generation’ endar year thereafter, 2,250,000 tons. (b) PURPOSES.—The purposes of this Act means the difference between— ‘‘(b) NITROGEN OXIDES.—The annual ton- are— ‘‘(A) the quantity of electricity generated nage limitation for emissions of nitrogen ox- (1) to protect and preserve the environ- by a nuclear generating unit in a calendar ides from affected units in the United States ment and safeguard public health by ensur- year; and shall be equal to— ing that substantial emission reductions are ‘‘(B) the quantity of electricity generated ‘‘(1) for each of calendar years 2008 through achieved at fossil fuel-fired electric gener- by the nuclear generating unit in calendar 2011, 1,870,000 tons; and ating facilities; year 1990; ‘‘(2) for calendar year 2012 and each cal- (2) to significantly reduce the quantities of as determined by the Administrator and endar year thereafter, 1,700,000 tons. mercury, carbon dioxide, sulfur dioxide, and measured in megawatt hours. ‘‘(c) MERCURY.— nitrogen oxides that enter the environment ‘‘(6) MERCURY ALLOWANCE.—The term ‘mer- ‘‘(1) IN GENERAL.—The annual tonnage lim- as a result of the combustion of fossil fuels; cury allowance’ means an authorization allo- itation for emissions of mercury from af- (3) to encourage the development and use cated by the Administrator under this title fected units in the United States shall be of renewable energy; to emit 1 pound of mercury during or after a equal to— (4) to internalize the cost of protecting the specified calendar year. ‘‘(A) for each of calendar years 2008 values of public health, air, land, and water ‘‘(7) NEW RENEWABLE ENERGY UNIT.—The through 2011, 24 tons; and quality in the context of a competitive mar- term ‘new renewable energy unit’ means a ‘‘(B) for calendar year 2012 and each cal- ket in electricity; renewable energy unit that has operated for endar year thereafter, a percentage deter- (5) to ensure fair competition among par- a period of not more than 3 years. mined under paragraph (2) of the total quan- ticipants in the competitive market in elec- ‘‘(8) NEW UNIT.—The term ‘new unit’ means tity of mercury present in delivered coal in tricity that will result from fully restruc- an affected unit that has operated for not calendar year 1999 (as determined by the Ad- turing the electric generating industry; more than 3 years and is not eligible to re- ministrator). (6) to provide a period of environmental ceive— ‘‘(2) DETERMINATION OF PERCENTAGE.—The regulatory stability for owners and operators ‘‘(A) sulfur dioxide allowances under sec- percentage referred to in paragraph (1)(B) of electric generating facilities so as to pro- tion 417(b); shall be— mote improved management of existing as- ‘‘(B) nitrogen oxide allowances or mercury ‘‘(A) not less than 7 nor more than 21 per- sets and new capital investments; and allowances under section 703(c)(2); or cent; and (7) to achieve emission reductions from ‘‘(C) carbon dioxide allowances under sec- ‘‘(B) determined by the Administrator not electric generating facilities in a cost-effec- tion 704(c)(2). later than January 1, 2004, based on the best tive manner. ‘‘(9) NITROGEN OXIDE ALLOWANCE.—The scientific data available concerning— SEC. 3. INTEGRATED AIR QUALITY PLANNING term ‘nitrogen oxide allowance’ means an ‘‘(i) the reduction in emissions of mercury FOR THE ELECTRIC GENERATING authorization allocated by the Adminis- necessary to protect public health and the SECTOR. trator under this title to emit 1 ton of nitro- environment; and The Clean Air Act (42 U.S.C. 7401 et seq.) is gen oxides during or after a specified cal- ‘‘(ii) the cost and performance of mercury amended by adding at the end the following: endar year. control technology. ‘‘TITLE VII—INTEGRATED AIR QUALITY ‘‘(10) NUCLEAR GENERATING UNIT.—The term ‘‘(3) MAXIMUM EMISSIONS OF MERCURY FROM PLANNING FOR THE ELECTRIC GENER- ‘nuclear generating unit’ means an electric EACH AFFECTED UNIT.— ATING SECTOR generating facility that— ‘‘(A) CALENDAR YEARS 2008 THROUGH 2011.— ‘‘Sec. 701. Definitions. ‘‘(A) uses nuclear energy to supply elec- For each of calendar years 2008 through 2011, ‘‘Sec. 702. National pollutant tonnage limi- tricity to the electric power grid; and the emissions of mercury from each affected tations. ‘‘(B) commenced operation in calendar unit shall not exceed either, at the option of ‘‘Sec. 703. Nitrogen oxide and mercury al- year 1990 or earlier. the operator of the affected unit— lowance trading programs. ‘‘(11) RENEWABLE ENERGY.—The term ‘re- ‘‘(i) 50 percent of the total quantity of mer- ‘‘Sec. 704. Carbon dioxide allowance trading newable energy’ means electricity generated cury present in the coal delivered to the af- program. from— fected unit in the calendar year; or

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 17, 2002 CONGRESSIONAL RECORD — SENATE S10701 ‘‘(ii) an annual output-based emission rate ‘‘SEC. 703. NITROGEN OXIDE AND MERCURY AL- units for the following 5-calendar year pe- for mercury that shall be determined by the LOWANCE TRADING PROGRAMS. riod. Administrator based on an input-based rate ‘‘(a) REGULATIONS.— ‘‘(c) NITROGEN OXIDE AND MERCURY ALLOW- of 4 pounds per trillion British thermal ‘‘(1) PROMULGATION.— ANCE ALLOCATIONS.— units. ‘‘(A) IN GENERAL.—Not later than January ‘‘(1) TIMING OF ALLOCATIONS.—The Adminis- ‘‘(B) CALENDAR YEAR 2012 AND THERE- 1, 2004, the Administrator shall promulgate trator shall allocate nitrogen oxide allow- AFTER.—For calendar year 2012 and each cal- regulations to establish for affected units in ances and mercury allowances to affected endar year thereafter, the emissions of mer- the United States— units— cury from each affected unit shall not ex- ‘‘(i) a nitrogen oxide allowance trading ‘‘(A) not later than December 31, 2004, for ceed— program; and calendar year 2008; and ‘‘(i) 30 percent of the total quantity of mer- ‘‘(ii) a mercury allowance trading program. ‘‘(B) not later than December 31 of cal- cury present in the coal delivered to the af- ‘‘(B) REQUIREMENTS.—Regulations promul- endar year 2005 and each calendar year there- fected unit in the calendar year; or gated under subparagraph (A) shall establish after, for the fourth calendar year that be- ‘‘(ii) an annual output-based emission rate requirements for the allowance trading pro- gins after that December 31. for mercury that shall be determined by the grams under this section, including require- ‘‘(2) ALLOCATIONS TO AFFECTED UNITS THAT Administrator. ments concerning— ARE NOT NEW UNITS.— ‘‘(d) CARBON DIOXIDE.—Subject to section ‘‘(i)(I) the generation, allocation, issuance, ‘‘(A) QUANTITY OF NITROGEN OXIDE ALLOW- 704(d), the annual tonnage limitation for recording, tracking, transfer, and use of ni- ANCES ALLOCATED.—The Administrator shall emissions of carbon dioxide from covered trogen oxide allowances and mercury allow- allocate to each affected unit that is not a units in the United States shall be equal to— ances; and new unit a quantity of nitrogen oxide allow- ‘‘(1) for each of calendar years 2008 through ‘‘(II) the public availability of all informa- ances that is equal to the product obtained 2011, the quantity of emissions projected to tion concerning the activities described in by multiplying— be emitted from affected units in calendar subclause (I) that is not confidential; ‘‘(i) 1.5 pounds of nitrogen oxides per mega- year 2005, as determined by the Energy Infor- ‘‘(ii) compliance with subsection (e)(1); watt hour; and mation Administration of the Department of ‘‘(iii) the monitoring and reporting of ‘‘(ii) the quotient obtained by dividing— Energy based on the projections of the Ad- emissions under paragraphs (2) and (3) of sub- ‘‘(I) the average annual net quantity of ministration the publication of which most section (e); and electricity generated by the affected unit closely precedes the date of enactment of ‘‘(iv) excess emission penalties under sub- during the most recent 3-calendar year pe- this title; and section (e)(4). riod for which data are available, measured ‘‘(2) for calendar year 2012 and each cal- ‘‘(2) MIXED FUEL, CO-GENERATION FACILITIES in megawatt hours; by endar year thereafter, the quantity of emis- AND COMBINED HEAT AND POWER FACILITIES.— ‘‘(II) 2,000 pounds of nitrogen oxides per sions emitted from affected units in calendar The Administrator shall promulgate such ton. year 2001, as determined by the Energy Infor- regulations as are necessary to ensure the ‘‘(B) QUANTITY OF MERCURY ALLOWANCES mation Administration of the Department of equitable issuance of allowances to— ALLOCATED.—The Administrator shall allo- Energy. ‘‘(A) facilities that use more than 1 energy cate to each affected unit that is not a new source to produce electricity; and unit a quantity of mercury allowances that ‘‘(e) REVIEW OF ANNUAL TONNAGE LIMITA- ‘‘(B) facilities that produce electricity in is equal to the product obtained by multi- TIONS.— addition to another service or product. plying— ‘‘(1) PERIOD OF EFFECTIVENESS.—The an- ‘‘(3) REPORT TO CONGRESS ON USE OF CAP- ‘‘(i) 0.0000227 pounds of mercury per mega- nual tonnage limitations established under TURED OR RECOVERED MERCURY.— watt hour; and subsections (a) through (d) shall remain in ‘‘(A) IN GENERAL.—Not later than 18 ‘‘(ii) the average annual net quantity of effect until the date that is 20 years after the months after the date of enactment of this electricity generated by the affected unit date of enactment of this title. title, the Administrator shall submit to Con- during the most recent 3-calendar year pe- ‘‘(2) DETERMINATION BY ADMINISTRATOR.— gress a report on the public health and envi- riod for which data are available, measured Not later than 15 years after the date of en- ronmental impacts from mercury that is or in megawatt hours. actment of this title, the Administrator, may be— ‘‘(C) ADJUSTMENT OF ALLOCATIONS.— after considering impacts on human health, ‘‘(i) captured or recovered by air pollution ‘‘(i) IN GENERAL.—If, for any calendar year, the environment, the economy, and costs, control technology; and the total quantity of allowances allocated shall determine whether 1 or more of the an- ‘‘(ii) incorporated into products such as under subparagraph (A) or (B) is not equal to nual tonnage limitations should be revised. soil amendments and cement. the applicable quantity determined under ‘‘(3) DETERMINATION NOT TO REVISE.—If the ‘‘(B) REQUIRED ELEMENTS.—The report clause (ii), the Administrator shall adjust Administrator determines under paragraph shall— the quantity of allowances allocated to af- (2) that none of the annual tonnage limita- ‘‘(i) review— fected units that are not new units on a pro- tions should be revised, the Administrator ‘‘(I) technologies, in use as of the date of rata basis so that the quantity is equal to shall publish in the Federal Register a notice the report, for incorporating mercury into the applicable quantity determined under of the determination and the reasons for the products; and clause (ii). determination. ‘‘(II) potential technologies that might fur- ‘‘(ii) APPLICABLE QUANTITY.—The applica- ‘‘(4) DETERMINATION TO REVISE.— ther minimize the release of mercury; and ble quantity referred to in clause (i) is the ‘‘(A) IN GENERAL.—If the Administrator de- ‘‘(ii)(I) address the adequacy of legal au- difference between— termines under paragraph (2) that 1 or more thorities and regulatory programs in effect ‘‘(I) the applicable annual tonnage limita- of the annual tonnage limitations should be as of the date of the report to protect public tion for emissions from affected units speci- revised, the Administrator shall publish in health and the environment from mercury in fied in subsection (b) or (c) of section 702 for the Federal Register— products described in subparagraph (A)(ii); the calendar year; and ‘‘(i) not later than 15 years and 180 days and ‘‘(II) the quantity of nitrogen oxide allow- after the date of enactment of this title, pro- ‘‘(II) to the extent necessary, make rec- ances or mercury allowances, respectively, posed regulations implementing the revi- ommendations to improve those authorities placed in the applicable new unit reserve es- sions; and and programs. tablished under subsection (b) for the cal- ‘‘(ii) not later than 16 years and 180 days ‘‘(b) NEW UNIT RESERVES.— endar year. after the date of enactment of this title, ‘‘(1) ESTABLISHMENT.—The Administrator ‘‘(3) ALLOCATION TO NEW UNITS.— final regulations implementing the revi- shall establish by regulation a reserve of ni- ‘‘(A) METHODOLOGY.—The Administrator sions. trogen oxide allowances and a reserve of shall promulgate regulations to establish a ‘‘(B) EFFECTIVE DATE OF REVISIONS.—Any mercury allowances to be set aside for use by methodology for allocating nitrogen oxide revisions to the annual tonnage limitations new units. allowances and mercury allowances to new under subparagraph (A) shall take effect on ‘‘(2) DETERMINATION OF QUANTITY.—The Ad- units. the date that is 20 years after the date of en- ministrator, in consultation with the Sec- ‘‘(B) QUANTITY OF NITROGEN OXIDE ALLOW- actment of this title. retary of Energy, shall determine, based on ANCES AND MERCURY ALLOWANCES ALLO- ‘‘(f) REDUCTION OF EMISSIONS FROM SPECI- projections of electricity output for new CATED.—The Administrator shall determine FIED AFFECTED UNITS.—Subject to the re- units— the quantity of nitrogen oxide allowances quirements of this Act concerning national ‘‘(A) not later than June 30, 2004, the quan- and mercury allowances to be allocated to ambient air quality standards established tity of nitrogen oxide allowances and mer- each new unit based on the projected emis- under part A of title I, notwithstanding the cury allowances required to be held in re- sions from the new unit. annual tonnage limitations established serve for new units for each of calendar years ‘‘(4) ALLOWANCE NOT A PROPERTY RIGHT.—A under this section, the Federal Government 2008 through 2012; and nitrogen oxide allowance or mercury allow- or a State government may require that ‘‘(B) not later than June 30 of each fifth ance— emissions from a specified affected unit be calendar year thereafter, the quantity of ni- ‘‘(A) is not a property right; and reduced to address a local air quality prob- trogen oxide allowances and mercury allow- ‘‘(B) may be terminated or limited by the lem. ances required to be held in reserve for new Administrator.

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‘‘(5) NO JUDICIAL REVIEW.—An allocation of ‘‘(C) PUBLIC REPORTING.—The Adminis- newable energy units for each of calendar nitrogen allowances or mercury allowances trator shall make available to the public, years 2008 through 2012; and by the Administrator under this subsection through 1 or more published reports and 1 or ‘‘(B) not later than June 30 of each fifth shall not be subject to judicial review. more forms of electronic media, data con- calendar year thereafter, the quantity of car- ‘‘(d) NITROGEN OXIDE ALLOWANCE AND MER- cerning the emissions of nitrogen oxides and bon dioxide allowances required to be held in CURY ALLOWANCE TRANSFER SYSTEM.— mercury from each affected unit. reserve for new units and renewable energy ‘‘(1) USE OF ALLOWANCES.—The regulations ‘‘(4) EXCESS EMISSIONS.— units for the following 5-calendar year pe- promulgated under subsection (a)(1)(A) ‘‘(A) IN GENERAL.—The owner or operator riod. shall— of an affected unit that emits nitrogen ox- ‘‘(c) CARBON DIOXIDE ALLOWANCE ALLOCA- ‘‘(A) prohibit the use (but not the transfer ides or mercury in excess of the nitrogen TION.— in accordance with paragraph (3)) of any ni- oxide allowances or mercury allowances that ‘‘(1) TIMING OF ALLOCATIONS.—The Adminis- trogen oxide allowance or mercury allow- the owner or operator holds for use for the trator shall allocate carbon dioxide allowance before the calendar year for which the affected unit for the calendar year shall— ances to covered units— allowance is allocated; ‘‘(i) pay an excess emissions penalty deter- ‘‘(A) not later than December 31, 2004, for ‘‘(B) provide that unused nitrogen oxide al- mined under subparagraph (B); and calendar year 2008; and lowances and mercury allowances may be ‘‘(ii) offset the excess emissions by an ‘‘(B) not later than December 31 of cal- carried forward and added to nitrogen oxide equal quantity in the following calendar endar year 2005 and each calendar year there- allowances and mercury allowances, respec- year or such other period as the Adminis- after, for the fourth calendar year that be- tively, allocated for subsequent years; and trator shall prescribe. gins after that December 31. ‘‘(C) provide that unused nitrogen oxide al- ‘‘(B) DETERMINATION OF EXCESS EMISSIONS ‘‘(2) ALLOCATIONS TO COVERED UNITS THAT lowances and mercury allowances may be PENALTY.— ARE NOT NEW UNITS.— N GENERAL transferred by— ‘‘(i) NITROGEN OXIDES.—The excess emis- ‘‘(A) I .—The Administrator shall ‘‘(i) the person to which the allowances are sions penalty for nitrogen oxides shall be allocate to each affected unit that is not a allocated; or equal to the product obtained by multi- new unit, to each nuclear generating unit ‘‘(ii) any person to which the allowances plying— with respect to incremental nuclear genera- are transferred. ‘‘(I) the number of tons of nitrogen oxides tion, and to each renewable energy unit that ‘‘(2) USE BY PERSONS TO WHICH ALLOWANCES emitted in excess of the total quantity of ni- is not a new renewable energy unit, a quan- ARE TRANSFERRED.—Any person to which ni- tity of carbon dioxide allowances that is trogen oxide allowances held; and trogen oxide allowances or mercury allow- equal to the product obtained by multi- ‘‘(II) $5,000, adjusted (in accordance with ances are transferred under paragraph plying— regulations promulgated by the Adminis- (1)(C)— ‘‘(i) the quantity of carbon dioxide allow- trator) for changes in the Consumer Price ‘‘(A) may use the nitrogen oxide allowances available for allocation under subpara- Index for All-Urban Consumers published by ances or mercury allowances in the calendar graph (B); and the Department of Labor. year for which the nitrogen oxide allowances ‘‘(ii) the quotient obtained by dividing— ‘‘(ii) MERCURY.—The excess emissions pen- or mercury allowances were allocated, or in ‘‘(I) the average net quantity of electricity alty for mercury shall be equal to the prod- a subsequent calendar year, to demonstrate generated by the unit in a calendar year dur- uct obtained by multiplying— compliance with subsection (e)(1); or ing the most recent 3-calendar year period ‘‘(I) the number of pounds of mercury emit- ‘‘(B) may transfer the nitrogen oxide al- for which data are available, measured in lowances or mercury allowances to any other ted in excess of the total quantity of mer- megawatt hours; and person for the purpose of demonstration of cury allowances held; and ‘‘(II) the total of the average net quantities that compliance. ‘‘(II) $10,000, adjusted (in accordance with described in subclause (I) with respect to all regulations promulgated by the Adminis- ‘‘(3) CERTIFICATION OF TRANSFER.—A trans- such units. trator) for changes in the Consumer Price fer of a nitrogen oxide allowance or mercury ‘‘(B) QUANTITY TO BE ALLOCATED.—For each allowance shall not take effect until a writ- Index for All-Urban Consumers published by calendar year, the quantity of carbon dioxide ten certification of the transfer, authorized the Department of Labor. allowances allocated under subparagraph (A) by a responsible official of the person mak- ‘‘SEC. 704. CARBON DIOXIDE ALLOWANCE TRAD- shall be equal to the difference between— ing the transfer, is received and recorded by ING PROGRAM. ‘‘(i) the annual tonnage limitation for the Administrator. ‘‘(a) REGULATIONS.— emissions of carbon dioxide from affected ‘‘(4) PERMIT REQUIREMENTS.—An allocation ‘‘(1) IN GENERAL.—Not later than January units specified in section 702(d) for the cal- or transfer of nitrogen oxide allowances or 1, 2004, the Administrator shall promulgate endar year; and mercury allowances to an affected unit shall, regulations to establish a carbon dioxide al- ‘‘(ii) the quantity of carbon dioxide allow- after recording by the Administrator, be con- lowance trading program for covered units in ances placed in the new unit reserve estab- sidered to be part of the federally enforce- the United States. lished under subsection (b) for the calendar able permit of the affected unit under this ‘‘(2) REQUIRED ELEMENTS.—Regulations year. Act, without a requirement for any further promulgated under paragraph (1) shall estab- ‘‘(3) ALLOCATION TO NEW UNITS AND NEW RE- review or revision of the permit. lish requirements for the carbon dioxide al- NEWABLE ENERGY UNITS.— ‘‘(e) COMPLIANCE AND ENFORCEMENT.— lowance trading program under this section, ‘‘(A) METHODOLOGY.—The Administrator ‘‘(1) IN GENERAL.—For calendar year 2008 including requirements concerning— shall promulgate regulations to establish a and each calendar year thereafter, the oper- ‘‘(A)(i) the generation, allocation, methodology for allocating carbon dioxide ator of each affected unit shall surrender to issuance, recording, tracking, transfer, and allowances to new units and new renewable the Administrator— use of carbon dioxide allowances; and energy units. ‘‘(A) a quantity of nitrogen oxide allow- ‘‘(ii) the public availability of all informa- ‘‘(B) QUANTITY OF CARBON DIOXIDE ALLOW- ances that is equal to the total tons of nitro- tion concerning the activities described in ANCES ALLOCATED.—The Administrator shall gen oxides emitted by the affected unit dur- clause (i) that is not confidential; determine the quantity of carbon dioxide al- ing the calendar year; and ‘‘(B) compliance with subsection (f)(1); lowances to be allocated to each new unit ‘‘(B) a quantity of mercury allowances that ‘‘(C) the monitoring and reporting of emis- and each new renewable energy unit based on is equal to the total pounds of mercury emit- sions under paragraphs (2) and (3) of sub- the unit’s projected share of the total elected by the affected unit during the calendar section (f); tric power generation attributable to cov- year. ‘‘(D) excess emission penalties under sub- ered units. ‘‘(2) MONITORING SYSTEM.—The Adminis- section (f)(4); and ‘‘(d) ISSUANCE AND USE OF ADDITIONAL CAR- trator shall promulgate regulations requir- ‘‘(E) standards, guidelines, and procedures BON DIOXIDE ALLOWANCES.— ing the accurate monitoring of the quan- concerning the generation, certification, and ‘‘(1) IN GENERAL.— tities of nitrogen oxides and mercury that use of additional carbon dioxide allowances ‘‘(A) ALLOWANCES FOR PROJECTS CERTIFIED are emitted at each affected unit. made available under subsection (d). BY INDEPENDENT REVIEW BOARD.—In addition ‘‘(3) REPORTING.— ‘‘(b) NEW UNIT RESERVE.— to carbon dioxide allowances allocated under ‘‘(A) IN GENERAL.—Not less often than ‘‘(1) ESTABLISHMENT.—The Administrator subsection (c), the Administrator shall make quarterly, the owner or operator of an af- shall establish by regulation a reserve of car- carbon dioxide allowances available to fected unit shall submit to the Adminis- bon dioxide allowances to be set aside for use projects that are certified, in accordance trator a report on the monitoring of emis- by new units and new renewable energy with paragraph (3), by the independent re- sions of nitrogen oxides and mercury carried units. view board established under paragraph (2) out by the owner or operator in accordance ‘‘(2) DETERMINATION OF QUANTITY.—The Ad- as eligible to receive the carbon dioxide al- with the regulations promulgated under ministrator, in consultation with the Sec- lowances. paragraph (2). retary of Energy, shall determine, based on ‘‘(B) ALLOWANCES OBTAINED UNDER OTHER ‘‘(B) AUTHORIZATION.—Each report sub- projections of electricity output for new PROGRAMS.—The regulations promulgated mitted under subparagraph (A) shall be au- units and new renewable energy units— under subsection (a)(1) shall— thorized by a responsible official of the af- ‘‘(A) not later than June 30, 2004, the quan- ‘‘(i) allow covered units to comply with fected unit, who shall certify the accuracy of tity of carbon dioxide allowances required to subsection (f)(1) by purchasing and using car- the report. be held in reserve for new units and new re- bon dioxide allowances that are traded under

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 17, 2002 CONGRESSIONAL RECORD — SENATE S10703 any other United States or internationally reservoirs in existence as of the date of com- for emissions of carbon dioxide from affected recognized carbon dioxide reduction program mencement of the project; units specified in section 702(d)(1). that is specified under clause (ii); ‘‘(III) adjustments to account for— ‘‘(iii) USE OF ALLOWANCES.—Allowances ‘‘(ii) specify, for the purpose of clause (i), ‘‘(aa) emissions of carbon that may result made available under clause (ii) may be used programs that meet the goals of this section; at other locations as a result of the impact to comply with subsection (f)(1) in calendar and of the project on timber supplies; or year 2008 or any calendar year thereafter. ‘‘(iii) apply such conditions to the use of ‘‘(bb) potential displacement of carbon ‘‘(B) PROJECTS CARRIED OUT IN CALENDAR carbon dioxide allowances traded under pro- emissions to other land owned by the entity YEAR 2008 AND THEREAFTER.—The independent grams specified under clause (ii) as are nec- that carries out the project; and review board may certify as eligible for car- essary to achieve the goals of this section. ‘‘(IV) adjustments to reflect the expected bon dioxide allowances a project that— ‘‘(2) INDEPENDENT REVIEW BOARD.— carbon storage over various time periods, ‘‘(i) is carried out on or after January 1, ‘‘(A) IN GENERAL.— taking into account the likely duration of 2008; and ‘‘(i) ESTABLISHMENT.—The Administrator the storage of the carbon stored in a carbon ‘‘(ii) consists of— shall establish an independent review board reservoir. ‘‘(I) a carbon sequestration project carried to assist the Administrator in certifying ‘‘(iii) GUIDELINES FOR CERTIFYING GEOLOGI- out in the United States or a foreign coun- projects as eligible for carbon dioxide allow- CAL SEQUESTRATION OF CARBON DIOXIDE.—The try; or ances made available under paragraph (1)(A). guidelines for certifying geological seques- ‘‘(II) a project to reduce the greenhouse gas ‘‘(ii) REVIEW AND APPROVAL.—Each certifi- tration of carbon dioxide produced by a cov- emissions (on a carbon dioxide equivalency cation by the independent review board of a ered unit shall— basis determined by the independent review project shall be subject to the review and ap- ‘‘(I) provide that a project shall be cer- board) of a source of greenhouse gases that is proval of the Administrator. tified only to the extent that the geological not an affected unit. ‘‘(iii) REQUIREMENTS.—Subject to this sub- sequestration of carbon dioxide produced by ‘‘(e) CARBON DIOXIDE ALLOWANCE TRANSFER section, requirements relating to the cre- a covered unit is in addition to any carbon SYSTEM.— ation, composition, duties, responsibilities, dioxide used by the covered unit in 2008 for ‘‘(1) USE OF ALLOWANCES.—The regulations and other aspects of the independent review enhanced oil recovery; and promulgated under subsection (a)(1) shall— board shall be included in the regulations ‘‘(II) include requirements for develop- ‘‘(A) prohibit the use (but not the transfer promulgated by the Administrator under ment, reporting, monitoring, and in accordance with paragraph (3)) of any car- subsection (a). verification for quantifying net carbon se- bon dioxide allowance before the calendar ‘‘(B) MEMBERSHIP.—The independent re- questration— view board shall be composed of 12 members, ‘‘(aa) to ensure the permanence of the se- year for which the carbon dioxide allowance of whom— questration; and is allocated; ‘‘(i) 10 members shall be appointed by the ‘‘(bb) to ensure that the sequestration will ‘‘(B) provide that unused carbon dioxide al- Administrator, of whom— not cause or contribute to significant ad- lowances may be carried forward and added ‘‘(I) 1 member shall represent the Environ- verse effects on the environment. to carbon dioxide allowances allocated for subsequent years; mental Protection Agency (who shall serve ‘‘(iv) DEADLINES FOR DEVELOPMENT.—The as chairperson of the independent review guidelines under clause (i) shall be devel- ‘‘(C) provide that unused carbon dioxide al- board); oped— lowances may be transferred by— ‘‘(II) 3 members shall represent State gov- ‘‘(I) with respect to projects described in ‘‘(i) the person to which the carbon dioxide ernments; paragraph (3)(A), not later than January 1, allowances are allocated; or ‘‘(III) 3 members shall represent the elec- 2004; and ‘‘(ii) any person to which the carbon diox- tric generating sector; and ‘‘(II) with respect to projects described in ide allowances are transferred; and ‘‘(IV) 3 members shall represent environ- paragraph (3)(B), not later than January 1, ‘‘(D) provide that carbon dioxide allow- mental organizations; 2005. ances allocated and transferred under this section may be transferred into any other ‘‘(ii) 1 member shall be appointed by the ‘‘(v) UPDATING OF GUIDELINES.—The inde- Secretary of Energy to represent the Depart- pendent review board shall periodically up- market-based carbon dioxide emission trad- ment of Energy; and date the guidelines as the independent re- ing program that is— ‘‘(iii) 1 member shall be appointed by the view board determines to be appropriate. ‘‘(i) approved by the President; and ‘‘(ii) implemented in accordance with regu- Secretary of Agriculture to represent the De- ‘‘(E) CERTIFICATION OF PROJECTS.— lations developed by the Administrator or partment of Agriculture. ‘‘(i) IN GENERAL.—Subject to clause (ii), the head of any other Federal agency. ‘‘(C) STAFF AND OTHER RESOURCES.—The subparagraph (A)(ii), and paragraph (3), the Administrator shall provide such staff and independent review board shall certify ‘‘(2) USE BY PERSONS TO WHICH CARBON DIOX- other resources to the independent review projects as eligible for additional carbon di- IDE ALLOWANCES ARE TRANSFERRED.—Any board as the Administrator determines to be oxide allowances. person to which carbon dioxide allowances are transferred under paragraph (1)(C)— necessary. ‘‘(ii) LIMITATION.—The independent review ‘‘(A) may use the carbon dioxide allow- ‘‘(D) DEVELOPMENT OF GUIDELINES.— board shall not certify a project under this ances in the calendar year for which the car- ‘‘(i) IN GENERAL.—The independent review subsection if the carbon dioxide emission re- board shall develop guidelines for certifying ductions achieved by the project will be used bon dioxide allowances were allocated, or in projects in accordance with paragraph (3), in- to satisfy any requirement imposed on any a subsequent calendar year, to demonstrate cluding— foreign country or any industrial sector to compliance with subsection (f)(1); or ‘‘(I) criteria that address the validity of reduce the quantity of greenhouse gases ‘‘(B) may transfer the carbon dioxide al- claims that projects result in the generation emitted by the foreign country or industrial lowances to any other person for the purpose of carbon dioxide allowances; sector. of demonstration of that compliance. ‘‘(3) CERTIFICATION OF TRANSFER.—A trans- ‘‘(II) guidelines for certifying incremental ‘‘(3) PROJECTS ELIGIBLE FOR ADDITIONAL fer of a carbon dioxide allowance shall not carbon sequestration in accordance with CARBON DIOXIDE ALLOWANCES.— take effect until a written certification of clause (ii); and ‘‘(A) PROJECTS CARRIED OUT IN CALENDAR the transfer, authorized by a responsible offi- ‘‘(III) guidelines for certifying geological YEARS 1990 THROUGH 2007.— cial of the person making the transfer, is re- sequestration of carbon dioxide in accord- ‘‘(i) IN GENERAL.—The independent review ance with clause (iii). board may certify as eligible for carbon diox- ceived and recorded by the Administrator. ‘‘(4) PERMIT REQUIREMENTS.—An allocation ‘‘(ii) GUIDELINES FOR CERTIFYING INCRE- ide allowances a project that— or transfer of carbon dioxide allowances to a MENTAL CARBON SEQUESTRATION.—The guide- ‘‘(I) is carried out on or after January 1, lines for certifying incremental carbon se- 1990, and before January 1, 2008; and covered unit, or for a project carried out on questration in forests, agricultural soil, ‘‘(II) consists of— behalf of a covered unit, under subsection (c) rangeland, or grassland shall include devel- ‘‘(aa) a carbon sequestration project car- or (d) shall, after recording by the Adminis- opment, reporting, monitoring, and ried out in the United States or a foreign trator, be considered to be part of the feder- verification guidelines, to be used in quanti- country; ally enforceable permit of the covered unit fying net carbon sequestration from land use ‘‘(bb) a project reported under section under this Act, without a requirement for projects, that are based on— 1605(b) of the Energy Policy Act of 1992 (42 any further review or revision of the permit. ‘‘(I) measurement of increases in carbon U.S.C. 13385(b)); or ‘‘(f) COMPLIANCE AND ENFORCEMENT.— storage in excess of the carbon storage that ‘‘(cc) any other project to reduce emissions ‘‘(1) IN GENERAL.—For calendar year 2008 would have occurred in the absence of such a of greenhouse gases that is carried out in the and each calendar year thereafter— project; United States or a foreign country. ‘‘(A) the operator of each affected unit and ‘‘(II) comprehensive carbon accounting ‘‘(ii) MAXIMUM QUANTITY OF ADDITIONAL each renewable energy unit shall surrender that— CARBON DIOXIDE ALLOWANCES.—The Adminis- to the Administrator a quantity of carbon ‘‘(aa) reflects net increases in carbon res- trator may make available to projects cer- dioxide allowances that is equal to the total ervoirs; and tified under clause (i) a quantity of allow- tons of carbon dioxide emitted by the af- ‘‘(bb) takes into account any carbon emis- ances that is not greater than 10 percent of fected unit or renewable energy unit during sions resulting from disturbance of carbon the tonnage limitation for calendar year 2008 the calendar year; and

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10704 CONGRESSIONAL RECORD — SENATE October 17, 2002 ‘‘(B) the operator of each nuclear gener- under the new source review program for ‘‘(A) not later than June 30, 2004, the quan- ating unit that has incremental nuclear gen- covered units so that, beginning January 1, tity of allowances required to be held in re- eration shall surrender to the Administrator 2008, a physical change or a change in the serve for new units for each of calendar years a quantity of carbon dioxide allowances that method of operation at a covered unit shall 2008 through 2012; and is equal to the total tons of carbon dioxide be subject to the regulations under the new ‘‘(B) not later than June 30 of each fifth emitted by the nuclear generating unit dur- source review program and subject to ap- calendar year thereafter, the quantity of al- ing the calendar year from incremental nu- proval by the Administrator only if— lowances required to be held in reserve for clear generation. ‘‘(A)(i) the change involves the replace- new units for the following 5-calendar year ‘‘(2) MONITORING SYSTEM.—The Adminis- ment of 1 or more components of the covered period. trator shall promulgate regulations requir- unit; and ‘‘(3) ALLOCATION.— ing the accurate monitoring of the quantity ‘‘(ii) the amount of the fixed capital costs ‘‘(A) REGULATIONS.—The Administrator of carbon dioxide that is emitted at each of the replacement exceeds 50 percent of the shall promulgate regulations to establish a covered unit. amount of the fixed capital costs of con- methodology for allocating allowances to ‘‘(3) REPORTING.— struction of a comparable new covered unit; new units. ‘‘(A) IN GENERAL.—Not less often than or ‘‘(B) NO JUDICIAL REVIEW.—An allocation of quarterly, the owner or operator of a covered ‘‘(B) the change results in any increase in allowances by the Administrator under this unit, or a person that carries out a project the rate of emissions from the covered unit subsection shall not be subject to judicial re- certified under subsection (d) on behalf of a of air pollutants regulated under the new view. covered unit, shall submit to the Adminis- source review program (measured in pounds ‘‘(d) EXISTING UNITS.— trator a report on the monitoring of carbon per megawatt hour). ‘‘(1) ALLOCATION.— dioxide emissions carried out at the covered ‘‘(4) LOWEST ACHIEVABLE EMISSION RATE.— ‘‘(A) REGULATIONS.—Subject to the annual unit in accordance with the regulations pro- The regulations shall revise the definition of tonnage limitation for emissions of sulfur di- mulgated under paragraph (2). ‘lowest achievable emission rate’ under sec- oxide from affected units specified in section ‘‘(B) AUTHORIZATION.—Each report sub- tion 171, with respect to technology required 702(a), and subject to the reserve of allow- mitted under subparagraph (A) shall be au- to be installed by the electric generating ances for new units under subsection (c), the thorized by a responsible official of the cov- sector, to allow costs to be considered in the Administrator shall promulgate regulations ered unit, who shall certify the accuracy of determination of the lowest achievable emis- to govern the allocation of allowances to af- the report. sion rate, so that, beginning January 1, 2008, fected units that are not new units. ‘‘(C) PUBLIC REPORTING.—The Adminis- a covered unit (as defined in section 701) ‘‘(B) REQUIRED ELEMENTS.—The regulations trator shall make available to the public, shall not be required to install technology shall provide for— through 1 or more published reports and 1 or required to meet a lowest achievable emis- ‘‘(i) the allocation of allowances on a fair more forms of electronic media, data con- sion rate if the cost of the technology ex- and equitable basis between affected units cerning the emissions of carbon dioxide from ceeds a maximum amount (in dollars per that received allowances under section 405 each covered unit. ton) that— and affected units that are not new units and ‘‘(4) EXCESS EMISSIONS.— ‘‘(A) is determined by the Administrator; that did not receive allowances under that ‘‘(A) IN GENERAL.—The owner or operator but section, using for both categories of units of a covered unit that emits carbon dioxide ‘‘(B) does not exceed twice the amount of the same or similar allocation methodology in excess of the carbon dioxide allowances the cost guideline for best available control as was used under section 405; and that the owner or operator holds for use for technology established under subsection ‘‘(ii) the pro-rata distribution of allow- the covered unit for the calendar year shall— (a)(4). ances to all units described in clause (i), sub- ‘‘(i) pay an excess emissions penalty deter- ‘‘(5) EMISSION OFFSETS.—A new source ject to the annual tonnage limitation for mined under subparagraph (B); and within the electric generating sector that lo- emissions of sulfur dioxide from affected ‘‘(ii) offset the excess emissions by an cates in a nonattainment area after Decem- units specified in section 702(a). equal quantity in the following calendar ber 31, 2007, shall not be required to obtain ‘‘(2) TIMING OF ALLOCATIONS.—The Adminis- year or such other period as the Adminis- offsets for emissions of air pollutants. trator shall allocate allowances to affected trator shall prescribe. ‘‘(6) NO EFFECT ON OTHER REQUIREMENTS.— units— ‘‘(B) DETERMINATION OF EXCESS EMISSIONS Nothing in this subsection affects the obliga- ‘‘(A) not later than December 31, 2004, for PENALTY.—The excess emissions penalty tion of any State or local government to calendar year 2008; and shall be equal to the product obtained by comply with the requirements established ‘‘(B) not later than December 31 of cal- multiplying— under this section concerning— endar year 2005 and each calendar year there- ‘‘(i) the number of tons of carbon dioxide ‘‘(A) national ambient air quality stand- after, for the fourth calendar year that be- emitted in excess of the total quantity of ards; gins after that December 31. carbon dioxide allowances held; and ‘‘(B) maximum allowable air pollutant in- ‘‘(3) NO JUDICIAL REVIEW.—An allocation of ‘‘(ii) $100, adjusted (in accordance with reg- creases or maximum allowable air pollutant allowances by the Administrator under this ulations promulgated by the Administrator) concentrations; or subsection shall not be subject to judicial re- for changes in the Consumer Price Index for ‘‘(C) protection of visibility and other air view. All-Urban Consumers published by the De- quality-related values in areas designated as ‘‘(e) WESTERN REGIONAL AIR PARTNER- partment of Labor. class I areas under part C of title I.’’. SHIP.— ‘‘(g) ALLOWANCE NOT A PROPERTY RIGHT.— SEC. 5. REVISIONS TO SULFUR DIOXIDE ALLOW- ‘‘(1) DEFINITIONS.—In this subsection: A carbon dioxide allowance— ANCE PROGRAM. ‘‘(A) COVERED STATE.—The term ‘covered ‘‘(1) is not a property right; and (a) IN GENERAL.—Title IV of the Clean Air State’ means each of the States of Arizona, ‘‘(2) may be terminated or limited by the Act (relating to acid deposition control) (42 California, Colorado, Idaho, Nevada, New Administrator. U.S.C. 7651 et seq.) is amended by adding at Mexico, Oregon, Utah, and Wyoming. ‘‘(h) NO JUDICIAL REVIEW.—An allocation of the end the following: ‘‘(B) COVERED YEAR.—The term ‘covered carbon dioxide allowances by the Adminis- ‘‘SEC. 417. REVISIONS TO SULFUR DIOXIDE AL- year’ means— trator under subsection (c) or (d) shall not be LOWANCE PROGRAM. ‘‘(i)(I)(aa) the third calendar year after the subject to judicial review.’’. ‘‘(a) DEFINITIONS.—In this section, the first calendar year in which the Adminis- SEC. 4. NEW SOURCE REVIEW PROGRAM. terms ‘affected unit’ and ‘new unit’ have the trator determines by regulation that the Section 165 of the Clean Air Act (42 U.S.C. meanings given the terms in section 701. total of the annual emissions of sulfur diox- 7475) is amended by adding at the end the fol- ‘‘(b) REGULATIONS.—Not later than Janu- ide from all affected units in the covered lowing: ary 1, 2004, the Administrator shall promul- States is projected to exceed 271,000 tons in ‘‘(f) REVISIONS TO NEW SOURCE REVIEW PRO- gate such revisions to the regulations to im- calendar year 2018 or any calendar year GRAM.— plement this title as the Administrator de- thereafter; but ‘‘(1) DEFINITIONS.—In this subsection: termines to be necessary to implement sec- ‘‘(bb) not earlier than calendar year 2016; ‘‘(A) COVERED UNIT.—The term ‘covered tion 702(a). or unit’ has the meaning given the term in sec- ‘‘(c) NEW UNIT RESERVE.— ‘‘(II) if the Administrator does not make tion 701. ‘‘(1) ESTABLISHMENT.—Subject to the an- the determination described in subclause ‘‘(B) NEW SOURCE REVIEW PROGRAM.—The nual tonnage limitation for emissions of sul- (I)(aa)— term ‘new source review program’ means the fur dioxide from affected units specified in ‘‘(aa) the third calendar year after the first program to carry out section 111 and this section 702(a), the Administrator shall estab- calendar year with respect to which the total part. lish by regulation a reserve of allowances to of the annual emissions of sulfur dioxide ‘‘(2) REGULATIONS.—In accordance with this be set aside for use by new units. from all affected units in the covered States subsection, the Administrator shall promul- ‘‘(2) DETERMINATION OF QUANTITY.—The Ad- first exceeds 271,000 tons; but gate revisions to the new source review pro- ministrator, in consultation with the Sec- ‘‘(bb) not earlier than calendar year 2021; gram. retary of Energy, shall determine, based on and ‘‘(3) APPLICABILITY CRITERIA.—The regula- projections of electricity output for new ‘‘(ii) each calendar year after the calendar tions shall revise the applicability criteria units— year determined under clause (i).

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 17, 2002 CONGRESSIONAL RECORD — SENATE S10705 ‘‘(2) MAXIMUM EMISSIONS OF SULFUR DIOXIDE ‘‘(4) TEMPORARY EXEMPTION FOR CERTAIN cury, we will establish emission caps FROM EACH AFFECTED UNIT.—In each covered AFFECTED UNITS.—An affected unit (as de- that are superior to reductions that year, the emissions of sulfur dioxide from fined in section 701) shall not be subject to can be achieved under the existing each affected unit in a covered State shall subsection (b)(2)(A) during the period— Clean Air Act. In addition, for the first not exceed the number of allowances that ‘‘(A) beginning on the date of enactment of are allocated under paragraph (3) and held by this paragraph; and time, we will ensure that we achieve the affected unit for the covered year. ‘‘(B) ending on the date that is 20 years real reductions of carbon dioxide emis- ‘‘(3) ALLOCATION OF ALLOWANCES.— after the date of enactment of this para- sions. ‘‘(A) IN GENERAL.—Not later than January graph.’’. Many predicted that the passage of S. 1, 2013, the Administrator shall promulgate (c) NO EFFECT ON OTHER FEDERAL AND 556 from the Committee would create a regulations to establish— STATE REQUIREMENTS.—Except as otherwise stalemate on this important issue. I be- ‘‘(i) a methodology for allocating allow- specifically provided in this Act, nothing in lieve that the Carper-Chafee bill offers this Act or an amendment made by this ances to affected units in covered States a real opportunity to break the stale- under this subsection; and Act— ‘‘(ii) the timing of the allocations. (1) affects any permitting, monitoring, or mate and begin an honest debate that ‘‘(B) NO JUDICIAL REVIEW.—An allocation of enforcement obligation of the Administrator will eventually lead to enactment of allowances by the Administrator under this of the Environmental Protection Agency strong legislation. I look forward to paragraph shall not be subject to judicial re- under the Clean Air Act (42 U.S.C. 7401 et working with all of my colleagues as view.’’. seq.) or any remedy provided under that Act; we move forward to pass a bill that en- (b) DEFINITION OF ALLOWANCE.—Section 402 (2) affects any requirement applicable to, joys the broadest support and ade- of the Clean Air Act (relating to acid deposi- or liability of, an electric generating facility quately addresses the serious health, under that Act; tion control) (42 U.S.C. 7651a) is amended by environmental, and economic issues striking paragraph (3) and inserting the fol- (3) requires a change in, affects, or limits lowing: any State law that regulates electric utility facing the nation. ‘‘(3) ALLOWANCE.—The term ‘allowance’ rates or charges, including prudency review means an authorization, allocated by the Ad- under State law; or By Mr. LEAHY: ministrator to an affected unit under this (4) precludes a State or political subdivi- S. 3137. A bill to provide remedies for title, to emit, during or after a specified cal- sion of a State from adopting and enforcing retaliation against whistleblowers endar year, a quantity of sulfur dioxide de- any requirement for the control or abate- making congressional disclosures; to termined by the Administrator and specified ment of air pollution, except that a State or the Committee on Governmental Af- in the regulations promulgated under section political subdivision may not adopt or en- fairs. 417(b).’’. force any emission standard or limitation Mr. LEAHY. Mr. President, I rise to (c) TECHNICAL AMENDMENTS.— that is less stringent than the requirements introduce the Congressional Oversight (1) Title IV of the Clean Air Act (relating imposed under that Act. to noise pollution) (42 U.S.C. 7641 et seq.)— Mr. CHAFEE. Mr. President, I am Protection Act of 2002. The 107th Con- (A) is amended by redesignating sections pleased to join with Senator CARPER gress has truly been the Congress of 401 through 403 as sections 801 through 803, today to introduce the Clean Air Plan- the whistleblower. From Sherron Wat- respectively; and ning Act of 2002. Congress needs to adkins who helped expose many of the (B) is redesignated as title VIII and moved vance four pollutant legislation that misdeeds at Enron, to FBI Special to appear at the end of that Act. offers the best chance for broad bipar- Agent Coleen Rowley and others who (2) The table of contents for title IV of the tisan support, and I believe this bill brought needed public attention to Clean Air Act (relating to acid deposition some of the shortcomings of the FBI control) (42 U.S.C. prec. 7651) is amended by meets that test. The testimony re- adding at the end the following: ceived through hearings in the Envi- prior to 9–11, we have been eyewitness to the value of getting the inside story. ‘‘Sec. 417. Revisions to sulfur dioxide allow- ronment and Public Works Committee ance program.’’. over the past several years has clearly The 107th Congress has also been one of rejuvenated bipartisan oversight. On SEC. 6. RELATIONSHIP TO OTHER LAW. outlined the need for controlling the (a) EXEMPTION FROM HAZARDOUS AIR POL- major emissions from power plants, the Judiciary Committee we convened LUTANT REQUIREMENTS RELATING TO MER- sulfur dioxide, nitrogen oxide, mercury the first series of comprehensive bipar- CURY.—Section 112 of the Clean Air Act (42 and carbon dioxide, while at the same tisan FBI oversight hearings in decades U.S.C. 7412) is amended— time recognizing the added costs of after I assumed the Chairmanship. The (1) in subsection (f), by adding at the end these new controls. We know through Joint Intelligence Committee is now the following: experience that we will only be suc- conducting bipartisan hearings to as- ‘‘(7) MERCURY EMITTED FROM CERTAIN AF- cessful at passing legislation if we find certain what shortcomings on the part FECTED UNITS.—Not later than 8 years after of our intelligence community need to the date of enactment of this paragraph, the middle ground. Administrator shall carry out the duties of The relationship of fossil fuels to be corrected so as not to allow the 9–11 the Administrator under this subsection global warming is clear and scientif- terrorist attacks to recur. The Senate with respect to mercury emitted from af- ically validated. The release of the Banking Committee conducted exten- fected units (as defined in section 701).’’; and ‘‘U.S. Climate Action Report 2002’’ by sive oversight of the SEC and its rela- (2) in subsection (n)(1)(A)— the Administration in May tells us we tionship with the accounting industry, (A) by striking ‘‘(A) The Administrator’’ need to take real actions toward solv- to ascertain whether a new regulatory and inserting the following: ing the problem. The longer we wait, scheme was required. Both the Senate ‘‘(A) STUDY, REPORT, AND REGULATIONS.— the harder this problem will be to and House Judiciary Committees are ‘‘(i) STUDY AND REPORT TO CONGRESS.—The Administrator’’; solve. The Rio Convention is a perfect attempting to ascertain how the new (B) by striking ‘‘The Administrator’’ in the example of why waiting is not reason- powers we provided in the USA PA- fourth sentence and inserting the following: able. In 1992, we agreed to voluntarily TRIOT Act are being used. These are ‘‘(ii) REGULATIONS.— reduce harmful emissions to 1990 levels. only a few examples. ‘‘(I) IN GENERAL.—The Administrator’’; and It didn’t happen. Now, in 2002 we are We have all been the beneficiaries of (C) in clause (ii) (as designated by subpara- told that reductions to 1990 levels will such increased oversight and the cour- graph (B)), by adding at the end the fol- stall the economy. If we wait much age of the whistleblowers who provided lowing: longer before taking any action, imag- information as part of that effort, be- ‘‘(II) EXEMPTION FOR CERTAIN AFFECTED cause their revelations have led to im- UNITS RELATING TO MERCURY.—An affected ine how much harder it will be to unit (as defined in section 701) that would achieve real reductions without harm- portant reforms. The Enron scandal otherwise be subject to mercury emission ing the economy. and the subsequent hearings led to the standards under subclause (I) shall not be I am a co-sponsor of Senator JEF- most extensive corporate reform legis- subject to mercury emission standards under FORDS’ bill, S. 556, and I voted for it in lation in decades, including the crimi- subclause (I) or subsection (c).’’. the Environment and Public Works nal provisions and the first ever cor- (b) TEMPORARY EXEMPTION FROM VISIBILITY Committee. However, I believe that porate whistleblower protections from PROTECTION REQUIREMENTS.—Section 169A(c) Carper-Chafee will ultimately enjoy S. 2010, the Corporate Fraud and Crimi- of the Clean Air Act (42 U.S.C. 7491(c)) is amended— broader support. Our bill would achieve nal Accountability Act, that I au- (1) in paragraph (3), by striking ‘‘this sub- significant reductions in a more cost thored. The testimony of the rank and section’’ and inserting ‘‘paragraph (1)’’; and effective way than other proposals. For file FBI agents that we heard on the (2) by adding at the end the following: sulfur dioxide, nitrogen oxide, and mer- Judiciary Committee helped us to craft

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10706 CONGRESSIONAL RECORD — SENATE October 17, 2002 the bipartisan FBI Reform Act, S. 1974. blower Center and the Government Ac- most effective oversight of the federal gov- This legislation, which included en- countability Project, and I ask unani- ernment. To do so, Congress must have un- hanced whistleblower protections, was mous consent that their letters of sup- fettered access to information. And that means that citizens in both the public and reported unanimously to the full Sen- port be printed in the RECORD. private sectors must be free to come forward ate in April but is being blocked by an For all these reasons, I urge swift to Congress with proper disclosures without anonymous Republican hold. The same passage of this legislation. I ask unani- the fear of retaliation. Under current law, day as Coleen Rowley’s nationally tele- mous consent that the text of this bill citizens have the right to make disclosures vised testimony before the Judiciary be printed in the RECORD. to Congress, but there is no remedy for them Committee, President Bush not only There being no objection, the mate- to protect their rights in the event of retal- reversed his previous opposition to es- rial was ordered to be printed in the iation. Your bill would provide such a remedy and, in doing so, would put government tablishing a new cabinet level Depart- RECORD, as follows: whistleblowers on a par with whistleblowers ment of Homeland Security, but gave a S. 3137 in publicly-held companies who have such national address calling for the largest Be it enacted by the Senate and House of Rep- protections under the newly-passed Sar- government reorganization in 50 years. resentatives of the United States of America in banes-Oxley Act. In the last year we have learned once Congress assembled, This year, the concept and importance of again that the public as a whole bene- SECTION 1. SHORT TITLE. whistleblowing has been etched indelibly on fits from a lone voice in the govern- This Act may be cited as the ‘‘Congres- the minds of the public, thanks to congressional Oversight Protection Act of 2002’’. sional investigations into Enron and other ment. companies, thanks to the joint investigation Unfortunately, the people who very SEC. 2. PROVIDING REMEDIES FOR RETALIATION AGAINST WHISTLEBLOWERS MAK- into intelligence lapses in the government, rarely benefit from these revelations ING CONGRESSIONAL DISCLOSURES. and thanks to extensive media coverage of are the whistleblowers themselves. We Section 7211 of title 5, United States Code, these matters. The public’s appreciation for have heard testimony in oversight is amended— the necessity of whistleblowers and whistle- hearings on the Judiciary Committee (1) by inserting ‘‘(a)’’ before ‘‘The right’’; blower protections creates an atmosphere that there is quite often retaliation and conducive to passing the Congressional Over- against those who raise public aware- (2) by adding at the end the following: sight Protection Act at the earliest possible ‘‘(b) Any employee aggrieved by the dis- time. Your leadership in trying to fill an im- ness about problems within large orga- portant void in whistleblower law should be nizations even to Congress. Sometimes crimination of an employer in violation of subsection (a) may bring an action at law or commended and hailed by all those who sup- the retaliation is overt, sometimes it is equity for de novo review in the appropriate port ‘‘good government.’’ more subtle and invidious, but it is al- district court of the United States, which Once again, thank you for your continued most always there. The law needs to shall have jurisdiction over an action under leadership on this and other whistleblower protect the people who risk so much to this subsection, without regard to the issues throughout the 107th Congress. Please feel free to call on the Center to work to- amount in controversy. protect us and create a culture that en- gether to pass this bill. courages employees to report waste, ‘‘(c) Any employee prevailing in an action under this section shall be entitled to all re- Respectfully, fraud, and mismanagement. KRIS J. KOLESNIK, For those who provide information to lief necessary to make the employee whole, including— Executive Director. Congress, that protection is a hollow ‘‘(1) reinstatement with the same seniority GOVERNMENT ACCOUNTABILITY PROJECT, promise. On one hand, the law is very status that the employee would have had but Washington, DC, October 17, 2002. clear that it is illegal to interfere with for the discrimination; Hon. PATRICK LEAHY, or deny, ‘‘the right of employees, indi- ‘‘(2) the amount of back pay lost as a result Chairman, Senate Judiciary Committee, Dirksen of the discrimination, with interest; vidually or collectively, to petition Senate Office Building, Washington, DC. ‘‘(3) compensation for any special damages Congress or a Member of Congress, or DEAR CHAIRMAN LEAHY: This letter is to ex- to furnish information to either House sustained as a result of the discrimination, press unqualified appreciation for introduc- of Congress, or to a committee or Mem- including litigation costs, expert witness tion of the Congressional Oversight Protec- fees, and reasonable attorney fees; and ber thereof . . .’’ See 18 U.S.C. § 7211. tion Act, providing access to jury trials in ‘‘(4) punitive damages, in appropriate court for federal whistleblowers and others Amazingly, however, this simple provi- cases. sion is a right without a remedy. Em- who bear witness through disclosures to Con- ‘‘(d) Upon the request of the complainant, gress. This legislation reflects leadership to ployees who are retaliated against for any action under this section shall be tried close an inherent flaw that has prejudiced providing information to Congress can- by the court with a jury. even the best administrative law remedial not pursue any avenue of redress to ‘‘(e) The same legal burdens of proof in pro- systems. Administrative boards do not have protect their statutory rights. The ceedings under this section shall apply as the judicial independence or resources for apply under sections 1214(b)(4)(B) and 1221(c) only exception to this applies to em- high-stakes, politically sensitive whistle- in the case of any alleged prohibited personal blower disputes with national consequences. ployees of publicly traded companies, practice described in section 2302(b)(8). who are now covered by the whistle- Ironically, those type of disputes are the pri- ‘‘(f) For purposes of this section, the term mary, most significant reason for enacting blower provision included in the Sar- ‘employee’ means an individual (as defined whistleblower protection laws. banes-Oxley Act that we passed this by section 2105) and any individual or organi- The legislation puts teeth into the con- year. Thus, under current law, govern- zation performing services under a contract gressional right to know law, the Lloyd ment whistleblowers reporting to Con- with the Government (including as an em- LaFollette Act of 1912. (5 USC 7211) That gress have less protection than private ployee of an organization).’’. law’s purpose is simple, and fundamental—to protect the free flow of information to Con- industry whistleblowers. NATIONAL WHISTLEBLOWER CENTER, This bill would merely correct this gress. It prohibits discrimination for com- Washington, DC, October 16, 2002. municating with Congress. It was passed in anomaly by providing government em- Hon. PATRICK J. LEAHY, response to presidential gag orders that had ployees that come to Congress with the Chairman, Committee on the Judiciary, imposed prior approval before federal em- right to bring an action in court when U.S. Senate, Washington, DC. ployees could communicate with Congress. they suffer the type of retaliation al- DEAR CHAIRMAN LEAHY: I am writing to Flood statements before passage emphasized ready prohibited under the law. Thus, strongly support your legislation, the Con- the free flow of information as the lifeblood it does not create new statutory rights, gressional Oversight Protection Act of 2002. for Congress to carry out its mission. The The National Whistleblower Center (Center) need is even greater when freedom of speech but merely provides a statutory rem- is the pre-eminent national organization edy for existing law. That way, we can means the freedom to warn Congress of na- that promotes effective measures to protect tional security breakdowns, before the public promise future whistleblowers who whistleblowers who come forward in the pub- suffers the consequences again. come before Congress that their right lic interest at great risk to their careers. In Unfortunately, Congress failed to specifi- to access the legislative branch is not that regard, your introduction of this bill cally provide access to court to enforce an illusion. We can also assure the pub- once again demonstrates your leadership in Lloyd LaFollette rights. As a result, it has lic at large that our future efforts at understanding the importance of whistle- been a right without a remedy. That means Congressional oversight and improving blowing and its role in our democratic proc- it is of little more than rhetorical signifi- ess, and the Center is pleased to support your cance, and no benefit to reprisal victims. the functions of government will be ef- bill and work hard to achieve its swift pas- Since 1912, 54 whistleblowers have tried to fective. This legislation is strongly sage. assert their rights under this law. Fifty supported by leading whistleblower In the wake of the events of 9/11, the stakes three cases were dismissed for lack of juris- groups, including the National Whistle- have been raised for Congress to perform the diction. Consistently the explanation is that

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 17, 2002 CONGRESSIONAL RECORD — SENATE S10707 the statute did not provide the court with ju- museum facility to store, and display S. 3138 risdiction as authority to act. The bill’s pur- the National Park Service’s Chaco Col- Be it enacted by the Senate and House of Rep- pose is to strengthen Congress’ right to lection. resentatives of the United States of America in know—a prerequisite for informed oversight. Congress assembled, The bill’s strategy is to provide reinforced Let me give you a bit of background. In 1907, Theodore Roosevelt founded SECTION 1. SHORT TITLE. protection, beyond normal civil service rem- This Act may be cited as the ‘‘Hibben Cen- edies, for those who choose to communicate the Chaco Canyon Culture National ter for Archaeological Research Act of 2002’’. through and work with Congress. Historical Park in Northwestern New SEC. 2. FINDINGS. There should be no question of the need for Mexico. The Monument was created to Congress finds that— reinforced protection of congressional whis- preserve the extensive prehistoric (1) when the Chaco Culture National His- tleblowers. The system of administrative pueblo ruins in Chaco Canyon. torical Park was established in 1907 as the civil service hearings was never designed for Chaco Canyon National Monument, the Uni- major public policy disputes involving high The height of the Chaco culture stakes national consequences and active con- began in the mid 800’s and lasted over versity of New Mexico owned a significant gressional oversight. The Administrative 300 years. People built dozens of com- portion of the land located within the boundaries of the Park; Judges who hear the cases have no judicial plex multi-storied masonry buildings independence and know they will be treated (2) during the period from the 1920’s to 1947, containing hundreds of rooms. These the University of New Mexico conducted ar- like whistleblowers if they rule for those complexes were connected to commu- challenging politically powerful government chaeological research in the Chaco Culture officials. As a result, those hearing officers nities by a network of prehistoric National Historical Park; treat significant whistleblower cases like roads. I helped to establish the Chaco (3) in 1949, the University of New Mexico— poison ivy. Consistently, the administrative Culture National Historic Park to pre- (A) conveyed to the United States all process has been a black hole for politically serve these areas. right, title, and interest of the University in significant disputes, with decisions regularly Since 1907, the University of New and to the land in the Park; and not being finalized for years, and one case (B) entered into a memorandum of agree- Mexico and the National Park Service ment with the National Park Service estab- still pending after 11 years. In a significant have been partners in this area. From environmental dispute involving millions of lishing a research partnership with the Park; dollars in timber theft, four Forest Service 1907 to 1949, the University owned the (4) since 1971, the Chaco Culture National employees are still waiting for their day in land within the Park boundaries. Dur- Historical Park, through memoranda of un- court after six years. ing this period, Dr. Frank Hibben exca- derstanding and cooperative agreements After lessons learned from the FBI’s vated in Chaco Canyon and remained with the University of New Mexico, has Coleen Rowley, it is beyond credible debate interested in the area throughout his maintained a research museum collection that whistleblowers can make a major con- long career. The University built a and archive at the University; (5) both the Park and the University have tribution toward preventing another 9/11. large collection of artifacts that it re- Analogous frustrations of Border Patrol, large, significant archaeological research Customs Service, Department of Energy, tains today. collections stored at the University in mul- Federal Bureau of Investigation, Federal In 1949, the University deeded the tiple, inadequate, inaccessible, and cramped Aviation Administration and the Nuclear land to the Federal Government, and repositories; and Regulatory Commission whistleblowers il- since that time, the University and the (6) insufficient storage at the University lustrate an unmistakable pattern of ignoring Park Service have continued a partner- makes research on and management, preser- or silencing patriots on the front lines of ship through a series of memoranda of vation, and conservation of the archaeological research collections difficult. homeland security. As our nation’s modern understanding. Since 1985, the NPS Paul Reveres, whistleblowers are invaluable Chaco collections have been housed at SEC. 3. DEFINITIONS. as an early warning signal to prevent avoid- In this Act: able disasters. University of New Mexico’s Maxwell (1) HIBBEN CENTER.—The term ‘‘Hibben It should also be clear, however, that this Museum of Anthropology. As both the Center’’ means the Hibben Center for Ar- legislation is a necessity to strengthen University of New Mexico and the Na- chaeological Research to be constructed at homeland security. It will not solve the com- tional Park Service collections have the University under section 4(a). plex problems of the civil service system. begun to grow, a new home for them is (2) PARK.—The term ‘‘Park’’ means the But it will give whistleblowers a credible needed. Chaco Culture National Historical Park in remedy for the first time in eight years, if To this end, Dr Hibben began plan- the State of New Mexico. they work with Congress. Increasingly whis- (3) SECRETARY.—The term ‘‘Secretary’’ tleblowers have been lionized for their brav- ning a new research and curation facil- means the Secretary of the Interior. ery, but that is no substitute for genuine, en- ity at the University of New Mexico. (4) TENANT IMPROVEMENT.—The term ‘‘ten- forceable rights. Indeed, the praise can ring He asked the Park Service to partner ant improvement’’ includes— cynically hollow to those whose careers are with him on this project, and today, (A) finishing the interior portion of the in ashes for doing their duty. It is unrealistic construction of the Hibben center, a Hibben Center leased by the National Park to expect whistleblowers to defend the pub- modern, professional facility to house Service under section 4(c)(1); and lic, if they cannot defend themselves. Pro- the University of New Mexico’s collec- (B) installing in that portion of the Hibben files in Courage are the exception, not the tions as well as the Park Service col- Center— rule. If successful, your initiative to add (i) permanent fixtures; and rights matching the rhetoric supporting lections is a reality. (ii) portable storage units and other re- whistleblowers will be a good government Dr. Hibben recently passed away, and movable objects. breakthrough. left the University of New Mexico the (5) UNIVERSITY.—The term ‘‘University’’ Sincerely, funds to assist with this project. The means the University of New Mexico. TOM DEVINE, partnership between the Park Service SEC. 4. HIBBEN CENTER FOR ARCHAEOLOGICAL Legal Director. and the University will mean that the RESEARCH. Hibben center will hold a world-class (a) ESTABLISHMENT.—The Secretary may, By Mr. DOMENICI: in cooperation with the University, con- S. 3138. A bill to authorize the Sec- collection and will facilitate and en- struct and occupy a portion of the Hibben retary of the Interior, in cooperation courage the study of these important Center for Archaeological Research at the with the University of New Mexico, to Southwestern collections. University. construct and occupy a portion of the This bill will provide authorization (b) GRANTS.— Hibben Center for Archaeological Re- to pay for the Federal share of the im- (1) IN GENERAL.—The Secretary may provide to the University a grant to pay the search at the University of New Mex- provement costs to the Hibben Center. This bill is long overdue, and will Federal share of the construction and related ico, and for other purposes; to the Com- costs for the Hibben Center under paragraph mittee on Energy and Natural Re- honor both the legacy of Dr. Hibben (2). sources. and the Chaco Culture. (2) FEDERAL SHARE.—The Federal share of Mr. DOMENICI. Mr. President, I rise I urge my colleagues to support this the construction and related costs for the to introduce a bill that would author- important piece of legislation. Hibben Center shall be 37 percent. ize the Secretary of the Interior to help I ask unanimous consent that the (3) LIMITATION.—Amounts provided under construct and occupy part of the text of the bill be printed in the paragraph (1) shall not be used to pay any costs to design, construct, and furnish the RECORD. Hibben Center for Archaeological Re- tenant improvements under subsection (c)(2). search at the University of New Mex- There being no objection, the bill was (c) LEASE.— ico. This bill will help the University of ordered to be printed in the RECORD, as (1) IN GENERAL.—Before funds made avail- New Mexico finish a state of the art follows: able under section 5 may be expended for

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10708 CONGRESSIONAL RECORD — SENATE October 17, 2002 construction costs under subsection (b)(1) or minated or substantially underfunded the PBGC, the long awaited pension for the costs for tenant improvements under and if it is possible that the bene- payments earned by Mr. Nichols and by paragraph (2), the University shall offer to ficiaries of the plan will be adversely Republic Steel’s other loyal employees enter into a long-term lease with the United affected. were severely reduced. Mr. Nichols’ States that— By allowing employees and retirees (A) provides to the National Park Service pension payments went from $2,225.00 space in the Hibben Center for storage, re- to be represented before the bank- to $675.00—only 30 percent of what he search, and offices; and ruptcy court, we will ensure that the had been promised. A third of this pay- (B) is acceptable to the Secretary. bankruptcy court hears from the peo- ment now covers Mr. Nichols’ health (2) TENANT IMPROVEMENTS.—The Secretary ple who entrusted their retirement sav- insurance premium that he can no may design, construct, and furnish tenant ings to their employer. Employees and longer purchase through LTV, leaving improvements for, and pay any moving costs retirees will be able to argue to the him with only 20 percent of his prom- relating to, the portion of the Hibben Center court that any division of assets or ised pension each month. PBGC could leased to the National Park Service under bankruptcy plan must be fair to the paragraph (1). only pay the retirees the amount their (d) COOPERATIVE AGREEMENTS.—To encour- pensioners. The needs of the corpora- statute allowed, and no one had the re- age collaborative management of the tion’s employees and retirees should be sponsibility of going to the bankruptcy Chacoan archaeological objects associated heard BEFORE the assets of a bank- court and telling them what was hap- with northwestern New Mexico, the Sec- rupt corporation are split up among pening to the retirees of Republic retary may enter into cooperative agree- creditors and lost forever. They deserve Steel. PBGC itself recognized that the ments with the University, other units of the to have their day in court. claims of the pensioners against LTV, National Park System, other Federal agen- It has only recently been brought to ‘‘are among the many claims that will cies, and Indian tribes for— my attention that under current law, (1) the curation of and conduct of research probably never be paid, except perhaps on artifacts in the museum collection de- employees and retirees are not rep- in cents on the dollar’’ and stated that scribed in section 2(4); and resented before the bankruptcy court PBGC’s claim against LTV for the pen- (2) the development, use, management, and as creditors. Legally, the pension fund sion plan underfunding was perhaps operation of the portion of the Hibben Center is the ‘‘creditor’’ of the corporation, ‘‘[t]he largest of these claims [that will leased to the National Park Service under not the employees and retirees. Thus, go unpaid].’’ subsection (c)(1). the pension interests of employees and During LTV’s bankruptcy case, var- SEC. 5. AUTHORIZATION OF APPROPRIATIONS. retirees are represented in the bank- ious creditors were represented before (a) IN GENERAL.—There are authorized to ruptcy process by a trustee of the pen- the bankruptcy court, but not the em- be appropriated— sion, if one exists, or by the PBGC, if it (1) to pay the Federal share of the con- ployees and retirees. Thus, when the struction costs under section 4(b), $1,574,000; takes over the pension fund. assets of LTV were divided among its and Because PBGC, under its governing creditors, employees and the retirees (2) to pay the costs of carrying out section statutes, can not guarantee the full were not at the table. If the employees 4(c)(2), $2,198,000. benefits of the pension plan, but can and retirees had had an opportunity to (b) AVAILABILITY.—Amounts made avail- only guarantee the statutory amount, make their case before the bankruptcy able under subsection (a) shall remain avail- significant portions of hard earned pen- judge, the result could have been dif- able until expended. sions can remain unpaid when a com- ferent. (c) REVERSION.—If the lease described in pany goes bankrupt. While the PBGC is section 4(c)(1) is not executed by the date The Employee Pension Bankruptcy that is 2 years after the date of enactment of often able to pay most of the pension Protection Act of 2002 seeks to make this Act, any amounts made available under benefits when a company goes bank- sure that what happened to the retirees subsection (a) shall revert to the Treasury of rupt, in certain cases the statutory of Republic Steel will never happen the United States. limit can be much lower than the pen- again, employees and retirees will sion payment the employee or retiree never be deprived of their pensions By Mr. SESSIONS (for himself, was promised by the corporation. Em- without having their day in court. Mr. GRASSLEY, and Mr. LEAHY): ployees and retirees deserve more than While a company may still be able to S. 3139. A bill to provide a right to be this. They deserve the additional rep- discharge its obligation to pay pen- heard for participants and beneficiaries resentation before the bankruptcy sioners in bankruptcy, this bill at least of an employee pension benefit plan of court that this bill provides if their takes the first modest step to protect a debtor in order to protect pensions of hard earned pensions and retiree bene- pensioners by providing them the op- those employees and retirees; to the fits are to be adequately protected. portunity to be part of the bankruptcy Committee on the Judiciary. I would like to thank Mr. John Nich- bargaining process. Before the bank- Mr. SESSIONS. Mr. President, I rise ols of Gadsden, AL, and his son, Phil ruptcy court sells assets or adopts a today to introduce The Employee Pen- for bringing this to my attention. The plan of reorganization, the employees sion Bankruptcy Protection Act of ordeal faced by Mr. Nichols, is a prime and retirees will be heard. After all, it 2002. Today, when a company declares example of why employees and retirees is their money. This is only fair. bankruptcy, it is often the employees need more representation before the I strongly urge my colleagues in the and retirees who suffer. They suffer be- bankruptcy court. Mr. Nichols spent Senate to support this bill and to work cause they often loose their hard his entire career at a steel plant in with me to further ensure that employ- earned pensions and retirement bene- Gadsden. He began working for Repub- ees and retirees of corporations are fits during the bankruptcy process. lic Steel in 1956 and stayed with the fairly treated and protected under the This is simply not right. When Ameri- company through two ownership United States Bankruptcy Code. cans loose the pensions and benefits changes and a buyout by LTV Steel. I ask unanimous consent that the that they have worked a lifetime to When LTV bought out Mr. Nichols text of the bill be printed in the earn, it is the responsibility of the employers, LTV Steel took over the RECORD. members of this body to take notice monthly pension payments guaranteed There being no objection, the bill was and to act to protect them. to the former employees and retirees of ordered to be printed in the RECORD, as The bill I introduce today does one Republic Steel, including Mr. Nichols. follows: very simple thing it gives employees Soon after the takeover, however, LTV S. 3139 and retirees the right to request that filed for bankruptcy, claiming that it they be represented before the bank- could no longer make pension pay- Be it enacted by the Senate and House of Rep- resentatives of the United States of America in ruptcy court, the same kind of rep- ments to Republic Steel’s former em- Congress assembled, resentation that protects the rights of ployees. PBGC, the Pension Benefit SECTION 1. SHORT TITLE. others that are owed money by the cor- Guarantee Corporation stepped in to This act may be cited as the ‘‘Employee poration. Under this bill, a representa- help LTV make a small part of the pen- Pension Bankruptcy Protection Act of 2002’’. tive of the employees and retirees can sion payments, but LTV eventually SEC. 2. PURPOSE AND INTENT. appear and be heard if it is likely that stopped making payments at all. The purpose and intent of this Act is to the employee benefit pension plan of Because all the payments LTV had provide employees and retirees with a great- the bankrupt corporation will be ter- been making were not guaranteed by er likelihood of having outstanding pension

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 17, 2002 CONGRESSIONAL RECORD — SENATE S10709 liabilities paid by a corporation that files for 1996; and The Pam Lyncher Sex Of- tors a higher priority. It is not enough bankruptcy by allowing the employees and fender Tracking and Identification Act to ensure that an offender completes retirees of that corporation the right to be of 1996. Collectively, these acts estab- his sentence. heard before the bankruptcy court. lished minimum standards for State Since most sexual offenders are in SEC. 3. RIGHT TO BE HEARD. sex offender registration programs and the community, we must ensure that Section 1109 of title 11, United States Code, there is continuing contact and super- is amended by adding at the end the fol- created systems to track convicted sex lowing: offenders. vision of released sexual offenders. We ‘‘(c) In a case in which the debtor is the While these current Federal laws ad- have an obligation to protect our chil- sponsor of an employee pension benefit plan dress the main features of an effective dren from sexual offenders and sexual pursuant to section 3(2) of the Employee Re- registry system, the discretion over predators who prey on our children. tirement Income Security Act of 1974 (29 registry details and procedures is left I urge my colleagues to join us in U.S.C. 1002(2)), and such plan is likely to be up to the States. This has led to a lack supporting this legislation. terminated pursuant to title IV of that Act of consistency and wide disparities be- or substantially underfunded by the debtor tween States. For example, State re- By Mr. DODD (for himself, Mr. resulting in a hardship to the participants or KENNEDY, Mrs. MURRAY, Mrs. beneficiaries, a representative of the partici- quirements for sex offender notifica- pants (as defined in section 3(7) of that Act) tion of registration changes range from BOXER, Mr. INOUYE, Mr. AKAKA, and beneficiaries (as defined in section 3(8) of 1 day to 40 days, and State require- and Mr. CORZINE): that Act) who are entitled to benefits under ments for a sex offender to register an S. 3141. A bill to amend the Family such plan and who may be adversely affected address after moving to a new State and Medical Leave Act of 1993 to ex- by events in the case, may appear and be range from 48 hours to 70 days. pand the scope of the Act, and for other heard with respect to a sale of all or substan- In addition, many States place the purposes; to the Committee on Health, tially all of the assets of the debtor or with burden to notify changes in registry in- Education, Labor, and Pensions. respect to a plan of reorganization, provided formation solely on the sex offender. Mr. DODD: Mr. President, I am that such participants and beneficiaries may pleased to join with my colleagues Sen- employ counsel and other professionals who We need to tighten registry systems so shall be compensated from the estate of the that law enforcement in all States is ator KENNEDY, Senator MURRAY, Sen- debtor.’’. better equipped to track sexual offend- ator BOXER, Senator INOUYE, Senator ers. This bill strengthens the registry AKAKA, and Senator CORZINE to intro- By Mr. DODD (for himself and foundation for all States built upon the duce the ‘‘Family and Medical Leave Ms. COLLINS): practices already in place in some Expansion Act.’’ Since enactment in S. 3140. A bill to assist law enforce- States. It builds on successful practices 1993, more than 35 million Americans ment in their efforts to recover missing to better protect our communities na- have taken leave under the Family and children and to clarify the standards tionwide. Medical Leave Act. for State sex offender registration pro- The tracking of released sex offend- Despite the many Americans the grams; to the Committee on the Judici- ers is critical to protecting our chil- Family and Medical Leave Act has ary. dren. Most sex offenders are not in helped, too many continue to be left Mr. DODD. Mr. President, I am prison, about 60 percent of convicted behind. Too many continue to have to pleased to join with my colleague from sex offenders are under conditional su- choose between job and family. The Maine, Senator COLLINS to introduce pervision in the community, and those facts are clear: millions of Americans the Prevention and Recovery of Miss- who are in prison often serve limited remain uncovered by the Family and ing Children Act of 2002, to improve the sentences. This is of great concern be- Medical Leave Act. And, too many who recovery of missing children and the cause sex offenders, particularly if un- are eligible for the Family and Medical tracking of convicted sexual offenders treated, are at risk of re-offending. Leave Act cannot afford to take unpaid and child predators. This bill makes several important leave from work. The ‘‘Family and Sexual offenders pose an enormous changes to improve the tracking of sex Medical Leave Expansion Act’’ address- challenge for policy makers. They cre- offenders and the recovery of missing es both these problems. ate unparalleled fear among citizens, children. The bill: amends the defini- The ‘‘Family and Medical Leave Ex- and most of their victims are children tion of ‘‘minimally sufficient program’’ pansion Act’’ would expand the scope and youth. Two-thirds of imprisoned to include: the registration of all con- and coverage of FMLA. It would fund sex offenders report that their victims victed sex offenders prior to release; pilot programs at the state level to were under age 18, and nearly half re- the collection of information to assist offer partial or full wage replacement port that their victims are ages 12 and in tracking individuals, including a programs to ensure that employees do younger. DNA sample, current photograph, driv- not have to choose between job and Last year, several newspapers across er’s license and vehicle information; family. the country, including the Hartford and verification of address and employ- Times have changed over the years. Courant, highlighted the inadequacy of ment information for all offenders More and more mothers are working. reporting information in missing child every 90 days; amends penalties for While only 27 percent of mothers with cases and the lack of tracking of con- non-compliance with registry require- infants were in the labor force in 1960, victed sex offenders and known child ments. It provides that State programs by 1999 that percentage rose to nearly predators. One tragic example reported must designate non-compliance as a 60 percent. Even as employment rates a convicted sex offender who moved felony and permits the issuance of a within this group rises, family respon- from Massachusetts to Montana, where warrant. This provision is intended to sibilities remain constant, a reality police were never contacted about his encourage compliance by offenders as that lies at the core of the FMLA. Ac- history. He brutally murdered several well as provide a tool for prosecutors; cording to an employee survey by the Montana children before he was appre- improves the chances for recovering Department of Labor, about one fifth hended, and was later linked to 54 cases missing children and aides law enforce- of US workers have a need for some of child abduction and molestation in ment in solving cases by preventing form of leave covered under the FMLA, several States. In many cases, con- the removal of missing children from and about 40 percent of all employees victed sex offenders and child predators the National Crime Information Center think they will need FMLA-covered slip through law enforcement loopholes (NCIC) database and making sure that leave within the next five years. and continue to prey on children. convicted sex offenders do not become According to a Department of Labor Over the last decade, Congress en- exempt from the lifetime registration study in 2000, leave to care for one’s acted several laws designed to improve requirement; improves the chances for own health or for the health of a seri- the tracking of convicted sex offenders recovery of missing children by requir- ously ill child, spouse or parent, to- and improve the recovery of missing ing entry of child information into the gether account for almost 80 percent of children, including The Jacob NCIC database within 2 hours. all FMLA leave. Approximately 52 per- Wetterling Crimes Against Children We must make the tracking of con- cent of the leave taken is due to em- and Sexually Violent Offender Reg- victed sex offenders and the post-re- ployees’ own serious health problems, istration Act of 1994; Megan’s Law of lease supervision of child sexual preda- while 26 percent of the leave is taken

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10710 CONGRESSIONAL RECORD — SENATE October 17, 2002 by young parents caring for their chil- basic paid leave. In 1992, before we en- will not be able to misinterpret Con- dren at birth or adoption. acted the Family and Medical Leave gressional intent. The FMLA requires that all public Act, the European Union mandated a In the past, Congress has recognized sector employers and private employ- paid fourteen week maternity leave as the value of funeral planning as good ers of 50 or more employees provide up a health and safety measure. Among social policy. We have encouraged con- to twelve weeks of unpaid leave for the 29 Organization for Economic Co- sumers to engage in ‘‘pre-need’’ funeral medical and family care reasons for eli- operation and Development, OECD, planning in a number of ways. gible employees. About 77 percent of countries, the average childbirth-re- This legislation will encourage peo- employees, in the private and public lated leave is 44 weeks, while the aver- ple to engage in pre-need planning. It sector, currently work in FMLA-cov- age duration of paid leave is 36 weeks. will codify the existing practice of ex- ered sites, although only 62 percent of Compared to these other developed cluding irrevocable funeral trusts from employees are actually eligible for nations, the United States is far behind SSI calculations and ensure that future leave. in efforts to promote worker welfare misinterpretations are avoided. We However, only 11 percent of private and productivity. The ‘‘Family and must ensure that people are not penal- sector work sites are covered under Medical Leave Expansion Act’’ builds ized for providing for their own funer- FMLA. Individuals working for small on current law to provide pilot pro- als. I encourage my colleagues to give private employers deserve the same grams for states and the federal gov- this legislation serious consideration. work protections afforded to other em- ernment to provide for partial or full By Mr. DODD (for himself, Mr. ployees. As a step toward expanding wage replacement for 6 weeks. At a EDWARDS, and Mr. DEWINE): protection to all hard-working Ameri- minimum, this will ensure that parents S. 3145. A bill to amend the Higher cans, this bill would extend FMLA cov- can continue to make ends meet while Education Act of 1965 to establish a erage to all private sector worksites taking family and medical leave. scholarship program to encourage and with 25 or more employees within a 75- No one should have to choose be- support students who have contributed mile radius. tween work and family. Women and substantial public services; to the Com- Mothers and fathers, sons and daugh- men deserve to take leave when family mittee on Health, Education, Labor, ters have the same family responsibil- or health conditions require it without and Pensions. ities and personal health problems, re- fear of losing their job or livelihood. Mr. DODD. Mr. President, I rise to gardless of whether they work for the We must not simply pay lip service to introduce, along with Senators government, a large private enterprise, family integrity and the promotion of EDWARDS and DEWINE, the Youth Serv- or a small private business. Expanding a healthy workplace. Instead, we must ice Scholarship Act. This Act would the FMLA to businesses with 25 or actively work to reduce workplace bar- authorize the Secretary of Education more employees is a crucial acknowl- riers. I urge my colleagues to support to award college scholarships of up to edgment of this reality. the ‘‘Family and Medical Leave Expan- $5,000 to students who perform at least The bill recognizes the enormous sion Act’’ to promote our national val- 300 hours of community service in each physical and emotional toll domestic ues and ensure the welfare and health of two years of high school and con- violence takes on victims. The bill ex- of hard-working Americans. tinuing scholarships to students who pands the scope of FMLA to include continue their service in college. leave for individuals to care for them- By Mrs. LINCOLN: I believe that education is the hub of selves or to care for a daughter, son, or S. 3144. A bill to amend title XVI of the wheel of our democracy. There is parent suffering from domestic vio- the Social Security Act to clarify that no better way to address any and all of lence. the value of certain funeral and burial the challenges we face as a nation than Expanding the scope and coverage of arrangements are not to be considered by providing all of our children with FMLA is a positive step for many available resources under the supple- the education they need and deserve. In Americans. But, alone, it is not mental security income program; to the 21st Century, higher education is enough. According to a Department of the Committee on Finance. not a luxury, it is a necessity, and this Labor study, 3.5 million covered Ameri- Mrs. LINCOLN. Mr. President, I am Act would extend access to higher edu- cans needed leave but, without wage pleased to introduce legislation that cation to more low-income students replacement, could not afford to take codifies the exclusion of irrevocable fu- who otherwise might have difficulty leave. Over four-fifths of those who neral trusts from Supplemental Secu- attending college. needed leave but did not take it said rity Income, SSI, resource calcula- Naturally, education means reading they could not afford unpaid leave. tions. and math and history and science, but Others cut their leave short, with the Irrevocable funeral trusts are funds it also means learning to be a citizen. average duration of FMLA leave being set aside for funeral and burial ex- It’s not easy to be a good citizen, and 10 days. Of those individuals taking penses. These funds cannot be accessed this Act will encourage our young peo- leave under the Family and Medical until after the owner’s death. Until re- ple to engage in community service Leave Act, nearly three-quarters had cently, these trusts were not included and reward them for that, and in so incomes above $30,000. in SSI resource calculations, but an ad- doing, will help ensure that our next While the financial sacrifice is often ministrative misinterpretation in 2001 generation of leaders understands that enormous, the need for leave can be dropped this important exclusion. being an American is not just a privi- even more so. Every year, many Ameri- This misinterpretation has since lege, but a responsibility. cans bite the bullet and accept unpaid been corrected, but it had serious re- We know that students who partici- leave. As a result, nine percent of leave percussions for many senior citizens pate in community service and youth takers go on public assistance to cover while it was in effect. When irrevocable development are less likely to use their lost wages. Almost twelve per- funeral and burial trusts were included drugs and alcohol and to misbehave in cent of female leave takers use public in SSI calculations, it penalized those school, and are more likely to receive assistance for this reason. These indi- SSI applicants who chose to save for good grades and be interested in going viduals are far from unwilling to work. their funeral by inflating their actual to college. We also know that Federal Instead, they are trying to balance individual wealth, even though the resources can be an effective incentive work with family, often during a crisis, trusts could not be accessed. The end to leverage broader community sup- too often with inadequate means to get result was that many senior citizens’ port. by. SSI applications were rejected. Be- So, I urge my colleagues to join me, Other major industrialized nations cause the SSI definition of resources and Senators EDWARDS and DEWINE, in have implemented policies far more and exclusions is used for Medicaid eli- supporting the Youth Service Scholar- family-friendly to promote early child- gibility determinations, the inclusion ship Act so that we can achieve more hood development and family also affected Medicaid applicants. of those and other positive outcomes. caregiving. At least 128 countries pro- I am introducing this bill to codify vide paid and job-protected maternity the exclusion to give senior citizens By Mr. LEAHY (for himself and leave, with sixteen weeks the average certainty that future administrations Mrs. CARNAHAN):

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 17, 2002 CONGRESSIONAL RECORD — SENATE S10711 S. 3146. A bill to reauthorize funding serves as a vital resource for the 17,000 scriber who sent a message containing for the National Center for Missing and law enforcement agencies located child pornography, in addition to the Exploited Children, and for other pur- throughout the U.S. in the search for required reporting of the contents of poses; to the Committee on the Judici- missing children and the quest for such a communication. ary. child protection. I applaud the ongoing work of the Mr. LEAHY. Mr. President, I rise Today, NCMEC is truly a national or- Center and hope both the Senate and today to introduce the ‘‘Protecting Our ganization, having established its head- the House of Representatives will Children Comes First Act of 2002,’’ quarters in Alexandria, VA; and oper- promptly pass this bill to provide more which will double funding for the Na- ating branch offices in five other loca- Federal support for the NCMEC to con- tional Center for Missing and Exploited tions throughout the country to pro- tinue to find missing children and pro- Children, NCMEC, reauthorize the Cen- vide hands-on assistance to families of tect exploited children across the counter through fiscal year 2006, and in- missing children, advocating legisla- try. crease Federal support to help NCMEC tive changes to better protect children, programs to find missing children conducting an array of prevention and By Mr. DEWINE (for himself, Mr. across the Nation. I am pleased that awareness programs, and motivating LEAHY, Mr. GRASSLEY, Ms. CANTWELL, Mr. BROWNBACK, and Senator CARNAHAN joins me as the individuals to become personally in- original cosponsor of this legislation. volved in child-protection issues. It has Mr. DOMENICI): S. 3147. A bill to foster local collabo- It is painful to see on TV or in the also grown into an international orga- rations which will ensure that re- newspapers photo after photo of miss- nization, establishing the International sources are effectively and efficiently ing children from every corner of the Division of the National Center for used within the criminal and juvenile Nation. As a father and grandfather, I Missing and Exploited Children, which justice systems; to the Committee on know that an abducted child is the has been working to fulfill the Hague the Judiciary. worst nightmare. Unfortunately, it is a Convention on the Civil Aspects of Mr. DEWINE. Mr. President, I rise nightmare that happens all too often. International Child Abduction. The today, along with Senators LEAHY, Indeed, the Justice Department esti- International Division provides assist- GRASSLEY, CANTWELL, DOMENICI, and mates that 2,200 children are reported ance to parents, law enforcement, at- BROWNBACK, to introduce the ‘‘Men- missing each day of the year. There are torneys, nonprofit organizations, and tally Ill Offender Treatment and Crime approximately 114,600 attempted other concerned individuals who are Reduction Act.’’ This bipartisan meas- stranger abductions every year, with seeking assistance in preventing or re- ure would, among other things, create 3,000–5,000 of those attempts suc- solving international child abductions. a program of planning and implemen- ceeding. These families deserve the as- NCMEC manages to do all of this tation grants for communities so they sistance of the American people and good work with only a $10 million an- may offer more treatment and other helping hand of the Congress. nual DOJ grant, which will expire after services to mentally ill offenders. As the Nation’s top resource center fiscal year 2003. We should act now Under this bill, programs receiving for child protection, the National Cen- both to extend its authorization and grant funds would be operated collabo- ter for Missing & Exploited Children increase the Center’ s funding to $20 ratively by both a criminal justice spearheads national efforts to locate million each year through fiscal year agency and a mental health agency. and recover missing children and raises 2006 so that it can continue to help The mentally ill population poses a public awareness about ways to pre- keep children safe and families intact particularly difficult challenge for our vent child abduction, molestation, and around the nation. There is so much criminal justice system. People af- sexual exploitation. more to be done to ensure the safety of flicted with mental illness are incar- As a national voice and advocate for our children, and the legislation we in- cerated at significantly higher rates those too young to vote or speak up for troduce today will help the Center in than the general population. According their own rights, the NCMEC works to its efforts to prevent crimes that are to the Bureau of Justice Statistics, make our children safer. The Center committed against them. while only about five percent of the operates under a Congressional man- The ‘‘Protecting Our Children Comes American population has a mental ill- date and works in cooperation with the First Act’’ also increases Federal sup- ness, about 16 percent of the State pris- U.S. Department of Justice’s, DOJ, Of- port of NCMEC programs to find miss- on population has such an illness. The fice of Juvenile Justice and Delin- ing children by allowing the U.S. Se- Los Angeles County Jail, for example, quency Prevention in coordinating the cret Service to provide forensic and in- typically has more mentally ill in- efforts of law enforcement officers, so- vestigative support to the NCMEC. mates than any hospital in the coun- cial service agencies, elected officials, The bill also amends of the Missing try. judges, prosecutors, educators, and the Children’s Assistance Act to coordinate Unfortunately, however, the reality public and private sectors to break the the operation of the Center’s of our criminal justice system is that cycle of violence that historically has CyberTipline to provide all online jails and prisons do not provide a perpetuated these needless crimes users an effective means of reporting therapeutic environment for the men- against children. Internet-related child sexual exploi- tally ill and are unlikely to do so any NCMEC professionals have disturb- tation, such as child pornography, time soon. Indeed, the mentally ill in- ingly busy jobs, they have worked on child enticement, and child prostitu- mate often is preyed upon by other in- more than 90,000 cases of missing and tion. Since its creation in 1998, the mates or becomes even sicker in jail. exploited children since its 1984 found- NCMEC CyberTipline has fielded al- Once released from jail or prison, many ing, helping to recover more than 66,000 most 100,000 reports, which has allowed mentally ill people end up on the children, and raised its recovery rate Internet users to quickly and easily re- streets. With limited personal re- from 60 percent in the 1980s to 94 per- port suspicious activities linked to the sources and little or no ability to han- cent today. The Center has set up a na- Internet. dle their illness alone, they often com- tionwide, toll free, 24-hour telephone Our legislation gives Federal authori- mit further offenses resulting in their hotline to take reports about missing ties the authority to share the facts or re-arrest and re-incarceration. This children and clues that might lead to circumstances of sexual exploitation ‘‘revolving door’’ is costly and disrup- their recovery, a National Child Por- crimes against children with state au- tive for all involved. nography Tipline to handle calls from thorities without a court order. The Although these problems tend to individuals reporting the sexual exploi- bill also gives the NCMEC the power to manifest themselves primarily within tation of children through the produc- make reports directly to state and the prison system, the root cause of tion and distribution of pornography, local law enforcement officials instead our current situation is found in the and a CyberTipline to process online of only through the FBI and other mental health system and its failure to leads from individuals reporting the agencies. Finally, it provides that re- provide sufficient community-based sexual exploitation of children. It has ports to NCMEC by Internet Service treatment solutions. Accordingly, the taken the lead in circulating millions Providers may include additional infor- solution will necessarily involve col- of photographs of missing children, and mation, such as the identity of a sub- laboration between the mental health

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In tions for courts to deal with mentally (4) According to the Office of Juvenile Jus- fact, it also will require greater col- ill offenders, this bill builds on legisla- tice and Delinquency Prevention, over 150,000 laboration between the substance tion that I introduced with Congress- juveniles who come into contact with the juvenile justice system each year meet the di- abuse treatment and mental health man Ted Strickland two years ago. agnostic criteria for at least 1 mental or treatment communities, because many That measure, which became law, au- emotional disorder. mentally ill offenders have a drug or thorized $10 million per year for the es- (5) A significant proportion of adults with alcohol problem in addition to their tablishment of more mental health a serious mental illness who are involved mental illness. courts. I have long supported mental with the criminal justice system are home- The purpose of the ‘‘Mentally Ill Of- health courts, which enable the crimi- less or at imminent risk of homelessness; fender Treatment and Crime Reduction nal justice system to provide an indi- and many of these individuals are arrested Act’’ is to foster exactly this type of vidualized treatment solution for a and jailed for minor, nonviolent offenses. (6) The majority of individuals with a men- collaboration at the federal, state, and mentally ill offender, while also requir- tal illness or emotional disorder who are in- local levels. The bill provides incen- ing accountability of the offender. The volved in the criminal or juvenile justice tives for the criminal justice, juvenile legislation we are introducing today systems are responsive to medical and psy- justice, mental health, and substance would make possible the creation or chological interventions that integrate abuse treatment systems to work to- expansion of more mental health treatment, rehabilitation, and support serv- gether at each level of government to courts, and it also would promote the ices. establish a network of services for of- funding of treatment services that sup- (7) According to the Bureau of Justice Sta- fenders with mental illness. The bill’s tistics, as of July 1999, 75 percent of mentally port such courts. ill inmates had previously been sentenced at approach is unique, in that it not only In addition to making planning and least once to time in prison or jail or proba- would promote public safety by helping implementation grants available to tion. curb the incidence of repeat offenders, communities, the ‘‘Mentally Ill Of- (8) Collaborative programs between mental but it also would promote public fender Treatment and Crime Reduction health, substance abuse, and criminal or ju- health, by ensuring that those with a Act’’ also calls for an Interagency Task venile justice systems that ensure the provi- serious mental illness are treated as Force to be established at the federal sion of services for those with mental illness soon as possible and as efficiently and or co-occurring mental illness and substance level. This Task Force would include abuse disorders can reduce the number of effectively as possible. the Attorney General and the Sec- such individuals in adult and juvenile correc- Among its major provisions, this leg- retary of Health and Human Services, tions facilities, while providing improved islation calls for the establishment of a as well as the Secretary of Housing and public safety. new competitive grant program, which Urban Development, the Secretary of SEC. 3. PURPOSE. would be housed at the U.S. Depart- Labor, the Secretary of Education, the The purpose of this Act is to increase pub- ment of Justice, but administered by Secretary of Veterans Affairs, and the lic safety by facilitating collaboration the Attorney General with the active Commissioner of Social Security. The among the criminal justice, juvenile justice, involvement of the Secretary of Health mental health treatment, and substance Task Force would be charged with abuse systems. Such collaboration is needed and Human Services. To ensure that identifying new ways that federal de- to— collaboration occurs at the local level, partments can work together to reduce (1) reduce rearrests among adult and juve- the bill requires that two entities recidivism among mentally ill adults nile offenders with mental illness, or co-oc- jointly submit a single grant applica- and juveniles. curring mental illness and substance abuse tion on behalf of a community. Finally, the bill directs the Attorney disorders; Applications demonstrating the General and Secretary of Health and (2) provide courts, including existing and new mental health courts, with appropriate greatest commitment to collaboration Human Services to develop a list of would receive priority for grant funds. mental health and substance abuse treat- ‘‘best practices’’ for criminal justice ment options; If applicants can show that grant funds personnel to use when diverting men- (3) maximize the use of alternatives to would be used to promote public tally ill offenders from the criminal prosecution through diversion in appropriate health, as well as public safety, and if justice system. cases involving non-violent offenders with the program they propose would have This is a good bill and one that is mental illness; the active participation of each joint long overdue. I encourage my col- (4) promote adequate training for criminal applicant, and if their grant applica- leagues to support this important justice system personnel about mental ill- tion has the support of both the Attor- ness and substance abuse disorders and the measure. I ask unanimous consent that appropriate response to people with such ill- ney General and the Secretary of the text of the bill be printed in the nesses; Health and Human Services, then it RECORD. (5) promote adequate training for mental would receive priority for funding. There being no objection, the bill was health treatment personnel about criminal The bill permits grant funds to be ordered to be printed in the RECORD, as offenders with mental illness and the appro- used for a variety of purposes, each of follows: priate response to such offenders in the which embodies the goal of collabora- S. 3147 criminal justice system; and tion. First, grant funds may be used to (6) promote communication between crimi- Be it enacted by the Senate and House of Rep- nal justice or juvenile justice personnel, provide courts with more options, such resentatives of the United States of America in as specialized dockets, for dealing with mental health treatment personnel, non- Congress assembled, violent offenders with mental illness, and the non-violent offender who has a seri- SECTION 1. SHORT TITLE. other support services such as housing, job ous mental illness or a co-occurring This Act may be cited as the ‘‘Mentally Ill placement, community, and faith-based or- mental illness and drug or alcohol Offender Treatment and Crime Reduction ganizations. problem. Second, grant funds could be Act of 2002’’. SEC. 4. DEPARTMENT OF JUSTICE MENTAL used to enhance training of mental SEC. 2. FINDINGS. HEALTH AND CRIMINAL JUSTICE health and criminal justice system per- Congress finds the following: COLLABORATION PROGRAM. (a) IN GENERAL.—Title I of the Omnibus sonnel, who must know how to deal ap- (1) According to the Bureau of Justice Sta- tistics, over 16 percent of adults incarcerated Crime Control and Safe Streets Act of 1968 propriately with the mentally ill of- in United States jails and prisons have a (42 U.S.C. 3711 et seq.) is amended by adding fender. Third, grant funds could be de- mental illness. at the end the following: voted to programs that divert non-vio- (2) According to the Office of Juvenile Jus- ‘‘PART HH—ADULT AND JUVENILE lent offenders with severe and per- tice and Delinquency Prevention, over 20 COLLABORATION PROGRAM GRANTS sistent mental illness from the crimi- percent of youth in the juvenile justice sys- ‘‘SEC. 2991. ADULT AND JUVENILE COLLABORA- nal justice system into treatment. Fi- tem have serious mental health problems, TION PROGRAMS. nally, correctional facilities may use and many more have co-occurring mental ‘‘(a) DEFINITIONS.—In this section, the fol- grant funds to promote the treatment health and substance abuse disorders. lowing definitions shall apply: (3) According to the National Alliance for ‘‘(1) APPLICANT.—The term ‘applicant’ of inmates and ease their transition the Mentally Ill, up to 40 percent of adults means States, units of local government, In- back into the community upon release who suffer from a serious mental illness will dian tribes, and tribal organizations that from jail or prison. come into contact with the American crimi- apply for a grant under this section. In specifically authorizing grant nal justice system at some point in their ‘‘(2) COLLABORATION PROGRAM.—The term funds to be used to promote more op- lives. ‘collaboration program’ means a program to

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An appli- mentation grant shall— of this title. cation under part V of this title may be ‘‘(I) ensure that offenders with mental ill- ‘‘(7) MENTAL ILLNESS.—The term ‘mental made in conjunction with an application ness who are to receive services under the illness’ means a diagnosable mental, behav- under this section. collaboration program will first receive indi- ioral, or emotional disorder— ‘‘(B) COMBINED PLANNING AND IMPLEMENTA- vidualized, needs-based assessments to deter- ‘‘(A) of sufficient duration to meet diag- TION GRANT APPLICATION.—The Attorney Gen- mine, plan, and coordinate the most appro- nostic criteria within the most recent edi- eral shall develop a procedure under which priate services for such individuals; tion of the Diagnostic and Statistical Man- applicants may apply at the same time and ‘‘(II) specify plans for making mental ual of Mental Disorders published by the in a single application for a planning grant health treatment services available and ac- American Psychiatric Association; and and an implementation grant, with receipt of cessible to mentally ill offenders at the time ‘‘(B) that has resulted in the substantial the implementation grant conditioned on of their release from the criminal justice impairment of thought processes, sensory successful completion of the activities fund- system, including outside of normal business input, mood balance, memory, or ability to ed by the planning grant. hours; reason and substantially interferes with or ‘‘(4) PLANNING GRANTS.— ‘‘(III) ensure that mentally ill offenders limits 1 or more major life activities. ‘‘(A) APPLICATION.—The joint applicants served by the collaboration program will ‘‘(8) PRELIMINARILY QUALIFIED OFFENDER.— may apply to the Attorney General for a have access to community-based mental The term ‘preliminarily qualified offender’ nonrenewable planning grant to develop a health services, such as crisis intervention, means an adult or juvenile who— collaboration program. case management, assertive community ‘‘(A)(i) previously or currently has been di- ‘‘(B) CONTENTS.—The Attorney General treatment, medications, medication manage- agnosed by a qualified mental health profes- may not approve a planning grant unless the ment, psychiatric rehabilitation, peer sup- sional as having a mental illness or co-occur- application for the grant includes or pro- port, or, where appropriate, integrated sub- ring mental illness and substance abuse dis- vides, at a minimum, for a budget and a stance abuse treatment services; orders; or budget justification, a description of the out- ‘‘(IV) make available, to the extent prac- ‘‘(ii) manifests obvious signs of mental ill- come measures that will be used to measure ticable, individualized mental health treat- ness or co-occurring mental illness and sub- the effectiveness of the program in pro- ment services, other support services (such stance abuse disorders during arrest or con- moting public safety and public health, the as housing, education, job placement, men- finement or before any court; and activities proposed (including the provision toring, or health care), benefits (such as dis- ‘‘(B) has faced or is facing criminal charges of substance abuse treatment services, where ability income, disability insurance, and and is deemed eligible by a designated pre- appropriate) and a schedule for completion medicaid, where appropriate), and the serv- trial screening and diversion process, or by a of such activities, and the personnel nec- ices of faith-based and community organiza- magistrate or judge. essary to complete such activities. tions for mentally ill individuals served by ‘‘(9) SECRETARY.—The term ‘Secretary’ ‘‘(C) PERIOD OF GRANT.—A planning grant the collaboration program; and means the Secretary of the Department of shall be effective for a period of 1 year, be- ‘‘(V) include strategies to address develop- Health and Human Services. ginning on the first day of the month in mental and learning disabilities and prob- ‘‘(10) UNIT OF LOCAL GOVERNMENT.—The which the planning grant is made. Appli- lems arising from a documented history of term ‘unit of local government’ means any cants may not receive more than 1 such physical or sexual abuse, if the population city, county, township, town, borough, par- planning grant. targeted for the collaboration program in- ish, village, or other general purpose polit- ‘‘(D) AMOUNT.—The amount of a planning cludes juveniles with mental illness. ical subdivision of a State, including a State grant may not exceed $75,000, except that the ‘‘(D) HOUSING AND JOB PLACEMENT.—Recipi- court, local court, or a governmental agency Attorney General may, for good cause, ap- ents of an implementation grant may use located within a city, county, township, prove a grant in a higher amount. grant funds to assist mentally ill offenders town, borough, parish, or village. ‘‘(5) IMPLEMENTATION GRANTS.— compliant with the program in seeking hous- ‘‘(b) PLANNING AND IMPLEMENTATION ‘‘(A) APPLICATION.—Joint applicants that ing or employment assistance. GRANTS.— have prepared a planning grant application ‘‘(E) POLICIES AND PROCEDURES.—Appli- ‘‘(1) IN GENERAL.—The Attorney General, in may apply to the Attorney General for ap- cants for an implementation grant shall consultation with the Secretary, may award proval of a nonrenewable implementation strive to ensure prompt access to defense nonrenewable grants to eligible applicants to grant to develop a collaboration program. counsel by criminal defendants with mental prepare a comprehensive plan for and imple- ‘‘(B) COLLABORATION.—To receive an imple- illness who are facing charges that would ment an adult or juvenile collaboration pro- mentation grant, the joint applicants shall— trigger a constitutional right to counsel. gram, which targets adults or juveniles with ‘‘(i) document that at least 1 criminal or ‘‘(F) FINANCIAL.—Applicants for an imple- mental illness or co-occurring mental illness juvenile justice agency (which can include a mentation grant shall— and substance abuse disorders in order to mental health court) and 1 mental health ‘‘(i) explain the applicant’s inability to promote public safety and public health. agency will participate in the administra- fund the collaboration program adequately ‘‘(2) PURPOSES.—Grants awarded under this tion of the collaboration program; without Federal assistance; section shall be used to create or expand— ‘‘(ii) describe the responsibilities of each ‘‘(ii) specify how the Federal support pro- ‘‘(A) mental health courts; participating agency, including how each vided will be used to supplement, and not ‘‘(B) programs that offer specialized train- agency will use grant resources to jointly en- supplant, State, local, Indian tribe, or tribal ing to the officers and employees of a crimi- sure that the provision of mental health organization sources of funding that would nal or juvenile justice agency and mental treatment services is integrated with the otherwise be available, including billing

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third-party resources for services already ‘‘(1) FEDERAL SHARE.—The Federal share of priate diversion from incarceration of adult covered under programs (such as medicaid, the cost of a collaboration program carried and juvenile offenders. medicare, and the State Children’s Insurance out by a State, unit of local government, In- (c) TECHNICAL AMENDMENT.—The table of Program); and dian tribe, or tribal organization under this contents of title I of the Omnibus Crime Con- ‘‘(iii) outline plans for obtaining necessary section shall not exceed— trol and Safe Streets Act of 1968 (42 U.S.C. support and continuing the proposed collabo- ‘‘(A) 80 percent of the total cost of the pro- 3711 et seq.) is amended by adding at the end ration program following the conclusion of gram during the first 2 years of the grant; the following: Federal support. ‘‘(B) 60 percent of the total cost of the pro- ‘‘PART HH—ADULT AND JUVENILE ‘‘(G) OUTCOMES.—Applicants for an imple- gram in year 3; and COLLABORATION PROGRAM GRANTS mentation grant shall— ‘‘(C) 25 percent of the total cost of the pro- ‘‘Sec. 2991. Adult and juvenile collaboration ‘‘(i) identify methodology and outcome gram in years 4 and 5. programs.’’. measures, as required by the Attorney Gen- ‘‘(2) NON-FEDERAL SHARE.—The non-Federal Mr. LEAHY. Mr. President, I have eral and the Secretary, to be used in evalu- share of payments made under this section joined today with Senators DEWINE, ating the effectiveness of the collaboration may be made in cash or in-kind fairly evalu- program; ated, including planned equipment or serv- CANTWELL, BROWNBACK, and GRASSLEY ‘‘(ii) ensure mechanisms are in place to ices. to introduce legislation that will help capture data, consistent with the method- ‘‘(e) FEDERAL USE OF FUNDS.—The Attor- State and local governments reduce ology and outcome measures under clause ney General, in consultation with the Sec- crime by providing more effective (i); and retary, in administering grants under this treatment for the mentally ill. All too ‘‘(iii) submit specific agreements from af- section, may use up to 3 percent of funds ap- often, people with mental illness rotate fected agencies to provide the data needed by propriated to— repeatedly between the criminal jus- the Attorney General and the Secretary to ‘‘(1) research the use of alternatives to tice system and the streets of our com- accomplish the evaluation under clause (i). prosecution through pretrial diversion in ap- munities, committing a series of minor propriate cases involving individuals with ‘‘(H) STATE PLANS.—Applicants for an im- offenses. Their crimes occupy the ever plementation grant shall describe how the mental illness; adult or juvenile collaboration program re- ‘‘(2) offer specialized training to personnel scarcer time of law enforcement offi- lates to existing State criminal or juvenile of criminal and juvenile justice agencies in cers, diverting them from their more justice and mental health plans and pro- appropriate diversion techniques; urgent responsibilities, and leave the grams. ‘‘(3) provide technical assistance to local offenders themselves in prisons or jails ‘‘(I) USE OF FUNDS.—Applicants that re- governments, mental health courts, and di- where little or no medical care is avail- ceive an implementation grant may use version programs, including technical assist- able for them. With this legislation, we funds for 1 or more of the following purposes: ance relating to program evaluation; are trying to give State and local gov- ‘‘(i) MENTAL HEALTH COURTS AND DIVER- ‘‘(4) help localities build public under- ernments the tools they need to break SION.—Funds may be used to create or ex- standing and support for community re- this cycle, for the good of law enforce- integration of individuals with mental ill- pand existing mental health courts that ment, corrections officers, our public meet program requirements established by ness; the Attorney General under part V of this ‘‘(5) develop a uniform program evaluation safety, and mentally ill offenders. title or diversion programs (including crisis process; and I held a Judiciary Committee hearing intervention teams and treatment account- ‘‘(6) conduct a national evaluation of the in June on the criminal justice system ability services for communities) that meet collaboration program that will include an and mentally ill offenders. At that requirements established by the Attorney assessment of its cost-effectiveness. hearing, we heard from State mental General and the Secretary. ‘‘(f) INTERAGENCY TASK FORCE.— health officials, law enforcement offi- ‘‘(ii) TRAINING.—Funds may be used to cre- ‘‘(1) IN GENERAL.—The Attorney General cers, corrections officials, and the rep- ate or expand programs, such as crisis inter- and the Secretary shall establish an inter- resentative of counties around our Na- vention training, which offer specialized agency task force with the Secretaries of tion. All agreed that people with un- training to— Housing and Urban Development, Labor, Education, and Veterans Affairs and the treated mental illness are more likely ‘‘(I) criminal justice system personnel to to commit crimes, and that our State identify and respond appropriately to the Commissioner of Social Security, or their unique needs of an adult or juvenile with designees. mental health systems, prisons and mental illness or co-occurring mental illness ‘‘(2) RESPONSIBILITIES.—The task force es- jails do not have the resources they and substance abuse disorders; or tablished under paragraph (1) shall— need to treat the mentally ill, and pre- ‘‘(II) mental health system personnel to re- ‘‘(A) identify policies within their depart- vent crime and recidivism. As this leg- spond appropriately to the treatment needs ments which hinder or facilitate local col- islation’s findings detail, 16 percent of of criminal offenders with mental illness or laborative initiatives for adults or juveniles adults incarcerated in U.S. jails and co-occurring mental illness and substance with mental illness or co-occurring mental prisons have a mental illness, more abuse disorders. illness and substance abuse disorders; and than 20 percent of youth in the juvenile ‘‘(iii) SERVICE DELIVERY.—Funds may be ‘‘(B) submit, not later than 2 years after the date of enactment of this section, a re- justice system have serious mental used to create or expand local treatment pro- health problems, and up to 40 percent grams that promote public safety by serving port to Congress containing recommenda- individuals with mental illness or co-occur- tions for improved interdepartmental col- of adults who suffer from a serious ring mental illness and substance abuse dis- laboration regarding the provision of serv- mental illness will come into contact orders. ices to adults and juveniles with mental ill- with the American criminal justice ‘‘(iv) IN-JAIL AND TRANSITIONAL SERVICES.— ness or co-occurring mental illness and sub- system at some point in their lives. Funds may be used to promote and provide stance abuse disorders. This is a serious problem that has not mental health treatment for those incarcer- ‘‘(g) MINIMUM ALLOCATION.—Unless all eli- received the legislative or public atten- ated or for transitional re-entry programs gible applications submitted by any State or unit of local government within such State tion it deserves. for those released from any penal or correc- Under this bill, State and local gov- tional institution. for a planning or implementation grant under this section have been funded, such ernments can apply for funding to: a. ‘‘(J) GEOGRAPHIC DISTRIBUTION.—The Attor- create or expand mental health courts, ney General, in consultation with the Sec- State, together with grantees within the retary, shall ensure that implementation State (other than Indian tribes), shall be al- which divert qualified offenders from grants are equitably distributed among the located in each fiscal year under this section prison to receive treatment; b. create not less than 0.75 percent of the total geographical regions of the United States or expand programs to provide special- amount appropriated in the fiscal year for and between urban and rural populations. ized training for criminal justice and planning or implementation grants pursuant mental health system personnel; c. cre- ‘‘(c) PRIORITY.—The Attorney General, in to this section. awarding funds under this section, shall give ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— ate or expand local treatment pro- priority to applications that— There are authorized to be appropriated to grams that serve individuals with men- ‘‘(1) demonstrate the strongest commit- the Department of Justice to carry out this tal illness or co-occurring mental ill- ment to ensuring that such funds are used to section— ness and substance abuse disorders; and promote both public health and public safe- ‘‘(1) $100,000,000 for each of fiscal years 2003 d. promote and provide mental health ty; and 2004; and ‘‘(2) demonstrate the active participation treatment for those incarcerated in or ‘‘(2) such sums as may be necessary for fis- released from and penal or correctional of each co-applicant in the administration of cal years 2005 through 2007.’’. the collaboration program; and (b) LIST OF ‘‘BEST PRACTICES’’.—The Attor- institution. This new program author- ‘‘(3) have the support of both the Attorney ney General, in consultation with the Sec- izes $100 million for each of the next General and the Secretary. retary of Health and Human Services, shall two fiscal years, and such sums as nec- ‘‘(d) MATCHING REQUIREMENTS.— develop a list of ‘‘best practices’’ for appro- essary through fiscal year 2007.

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 17, 2002 CONGRESSIONAL RECORD — SENATE S10715 I would like to thank a number of substance abuse agencies. I’ve seen ment and out of jail. It will provide people for their advice and involve- these types of collaborative programs much needed funding to mental health ment in this legislation. First, we work in Iowa and I know that they can and substance abuse programs, and it would not be here today without the work elsewhere. will provide critical dollars for treat- hard work of the Bazelon Center for We have an obligation to ensure that ment of those incarcerated in, or re- Mental Health Law. I know that the the public is protected from these of- leased from, prisons. The legislation Bazelon Center has additional ideas to fenders who suffer from mental illness. has the support of Washington State improve this legislation, and I look for- The Bureau of Justice Statistics has Corrections Director Joe Lehman and ward to working with the Center as reported that over 16 percent of adults the Washington Department of Social this bill moves through the legislative incarcerated in U.S. jails and prisons and Health Services as well as the Na- process. For example, I think we need have a mental illness. In addition, the tional Alliance for the Mentally Ill and to do more to ensure close coordination Office of Juvenile Justice and Delin- the Council of State Governments. I’d between the Department of Justice and quency Prevention has reported that like to especially thank the Bazelon the Department of Health and Human over 20 percent of youth in the juvenile Center for their work in this area and Services in designing and making these justice system have serious mental their commitment to improving this grants. Through this legislation, we problems. This grant program will help situation. are forcing States to bring together increase public safety, as well as re- Earlier this year, the Council on their health and law enforcement offi- duce the number of mentally ill adults State Governments Criminal Justice/ cials to make grant requests it only and juveniles incarcerated in correc- Mental Health Consensus Project makes sense to have the joint perspec- tional facilities. issued a report that detailed the dis- tives of DOJ and HHS fully involved in These grant dollars may be used by parate proportions of the mentally ill evaluating those requests. This is an States and localities to establish men- in the criminal justice system. The issue that we will continue to work on, tal health courts or other diversion Project found that while those suf- and I hope we will continue to receive programs, create or expand commu- fering from serious mental illness rep- the input of the Bazelon Center as we nity-based treatment programs, pro- resent approximately 5 percent of the do so. vide in-jail treatment and transitional population of this country, they rep- Second, we have received great ad- services, and for training of criminal resent over 16 percent of the prison vice and support from officials in my justice and mental health system em- population. Of that 16 percent, nearly State of Vermont. Susan Besio, the ployees. The State of Iowa and a num- three-quarters also have a substance commissioner of Vermont’s Depart- ber of its counties are already leading abuse problem, and nearly half were in- ment of Developmental and Mental the way in finding creative and col- carcerated for committing a non- Health Services, and John Gorczyk, the laborative programs to address the violent crime. In some jurisdictions re- commissioner of Vermont’s Depart- problems presented by these mentally cidivism rates for mentally ill inmates ment of Corrections, reviewed this leg- ill criminals. Working together, the can reach over 70 percent. Police, islation and offered their comments, criminal justice, mental health, and judges and prosecutors are usually which have been adopted in the version substance abuse professionals can without options of what to do with that we introduce today. Gary make a difference in the lives of this mentally ill patients given the lack of Margolis, the Chief of Police Services special class of offenders and also in- health services, and thus many end up at the University of Vermont, testified crease the safety of the public. in jail for minor crimes. The Los Ange- at our June hearing and helped me un- I want to thank Senator DEWINE for les County Jail alone holds as many as derstand the importance of this issue his leadership on this important issue. 3,300 individuals with mental illness, for law enforcement officers in He has drafted a bill that reflects a more than any state hospital or mental Vermont and around the nation. common sense approach to a serious health institution in the United States. Third, the Council of State Govern- public safety issue. I also want to en- Each time a mentally ill individual is ments has also provided invaluable as- courage my colleagues to support this incarcerated, his or her mental condi- sistance and advice on this issue. In- important piece of legislation. tion will likely worsen. Once incarcer- deed, their report on mentally ill of- Ms. CANTWELL. Mr. President, I am ated, people with mental illness are fenders and the criminal justice system proud to join with Senator DEWINE and particularly susceptible to harming was instrumental in focusing the at- Judiciary Chairman PATRICK LEAHY themselves or others. This environ- tention of the Judiciary Committee on along with Senators GRASSLEY and ment exacerbates their mental illness, this important topic. BROWNBACK in cosponsoring this impor- yet access to effective counseling or Although I am pleased that we have tant legislation. This bill will take medication is severely limited. This in introduced this bill before the end of steps to reduce the prevalence of men- turn brings on depression or delusions this Congress, I think we all under- tally ill individuals in the criminal jus- that immobilize them; many have stand that the passage of meaningful tice system by providing more effective spent years trying to mask torments or mental health legislation may have to treatment. Forty percent of the men- hallucinations with alcohol or drugs wait until the next Congress. I want to tally ill in this country come in con- which leads to these individuals, on av- work with all of the officials and tact with the criminal justice system, erage, spending more time in prisons. groups I have mentioned, the other many for minor but repeated offenses. This problem is particularly acute in sponsors of this legislation, and any This wastes tremendous law enforce- the area of juvenile offenders. The Of- other interested parties, to continue to ment resources that can be better fo- fice of Juvenile Justice and Delin- make improvements to this bill. This is cused on more urgent responsibilities quency Prevention reports that over 20 a topic that should be a priority for the and results in many of the mentally ill percent of children in the juvenile jus- Judiciary Committee next year, and I sitting in jail cells with little treat- tice system, over 155,000, have serious will work to make it so. ment available to them. My State has mental health problems. This bill cre- Mr. GRASSLEY. Mr. President, I’m already taken some forward looking ates specialized training programs for pleased today to be introducing with action in this area, and this legislation juvenile and criminal justice agency Senators DEWINE, LEAHY, BROWNBACK, is an important next step. personnel in identifying symptoms of and CANTWELL the Mentally Ill Of- The Mentally Ill Crime Reduction mentally ill individuals that will help fender Treatment and Crime Reduction Act of 2002 funds new grants that will identify and treat juveniles at an ear- Act of 2002. This bipartisan bill author- give States the tools they need to work lier stage. izes the Attorney General to admin- collaboratively to break the cycle of The prevalence of people with mental ister a grant program to assist commu- mentally ill people repeatedly moving illness in the criminal justice system nities in planning and implementing through the corrections system. This comes at a high price to taxpayers. In services for mentally ill offenders. legislation will allow more jurisdic- King County, WA officials identified 20 These grants will increase public safety tions to follow Seattle’s lead in cre- people who had been repeatedly hos- by fostering collaborative efforts by ating mental health courts that mon- pitalized, jailed or admitted to detoxi- criminal justice, mental health, and itor individuals to keep them in treat- fication centers. These emergency

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10716 CONGRESSIONAL RECORD — SENATE October 17, 2002 services cost the county approximately tities to develop antivirals, antibiotics into agreements with government $1.1 million in a single year. In con- and other drugs, vaccines, agencies to conduct this research. trast, an Illinois Cooperative Program, microbicides, and diagnostic tech- Other companies would be willing to which brought criminal justice and nologies to prevent and treat illnesses conduct the research with their own mental health service personnel to- associated with a biological, chemical, capital and at their own risk but are gether to provide services to those or radiological weapons attack; to the not able to secure the funding from in- mentally ill patients released from jail, Committee on Finance. vestors. calculated that the 30 individuals in Mr. LIEBERMAN. Mr. President, The legislation we introduce today the study spent approximately 2,200 America has a major flaw in its de- would provide incentives for private days less in jail, and 2,100 fewer days, fenses against bioterrorism. Hearings I biotechnology companies to form cap- in hospitals than they had the previous chaired in the Governmental Affairs ital to develop countermeasures—medi- year for a savings of $1.2 million dol- Committee on bioterrorism dem- cines—to prevent, treat and cure vic- lars. onstrated that America has not made a tims of bioterror, chemical and radio- In 1997, Seattle Fire Department Cap- national commitment to research and logical attacks. This will enable this tain Stanley Stevenson was murdered development of treatments and cures industry to become a vital part of the by an individual who had been found for those who might be exposed to or national defense infrastructure and do incompetent by the local municipal infected by a biological agent, chem- so for business reasons that make sense court but was released because of the ical toxin, or radiological material. for their investors on the bottom line. lack of alternative options. This mur- Correcting this critical gap is the pur- der was the impetus for the creation of pose of legislation we are introducing Enactment of these incentives is nec- a Task Force that led directly to the today. This legislation is a refined and essary because most biotech companies formation of the Seattle mental health upgraded version of legislation I intro- have no approved products or revenue court in 1999. The primary reason why duced last year (S. 1764, December 4, from product sales to fund research. this Court has been growing more ef- 2001) and I am delighted that Senator They rely on investors and equity capital markets to fund the research. They fective in dealing with mentally ill of- HATCH has joined me as the lead co- fenders is that it has increased cosponsor of the new bill. must necessarily focus on research operation between the mental health Obviously, our first priority must be that will lead to product sales and rev- and criminal justice systems, oper- to attempt to prevent the use of these enue and, thus, to an end to their de- ations that have traditionally not agents and toxins by terrorists, quick- pendence on investor capital. There is worked closely together. Building on ly assess when an attack has occurred, no established or predictable market the model of the drug court, the men- take appropriate public health steps to for countermeasures. These concerns tal health court closely monitors com- contain the exposure, stop the spread are shared by pharmaceutical firms. In- pliance with treatment regimens of contagion, and then detoxify the vestors are justifiably reluctant to through a team proficient in dealing site. These are all critical functions, fund this research, which will present with the mentally ill and at using the but in the end we must recognize that challenges similar in complexity to stick of the criminal justice system to some individuals may be exposed or in- AIDS. Investors need assurances that make that treatment work. The vast fected. Then the critical issue is wheth- research on countermeasures has the majority of these individuals are reer we can treat and cure them and pre- potential to provide a rate of return sponsive to treatment. vent death and disability. commensurate with the risk, com- This program has progressed well and In short, we need a diversified port- plexity and cost of the research, a rate is becoming an effective means of help- folio of medicines. In cases where we of return comparable to that which ing mentally ill offenders, assuring have ample advance warning of an at- may arise from a treatment for cancer, public safety, and running a more cost tack and specific information about MS, Cystic Fibrosis and other major efficient system. Yet to allow this sys- the agent, toxin, or material, we may diseases. tem to continue to expand in Seattle be able to vaccinate the vulnerable It is in our national interest to enlist and other communities in Washington population in advance. In other cases, these companies in the development of state, as well as to allow other states even if we have a vaccine, we might countermeasures as biotech companies to begin using these types of programs, well prefer to use medicines that would tend to be innovative and nimble and federal grant funding is critical. That quickly stop the progression of the dis- intently focused on the intractable dis- is what this bill provides. ease or the toxic effects. We also need eases for which no effective medical Collaboration between mental a powerful capacity quickly to develop treatments are available. health, substance abuse, law enforce- new countermeasures where we face a ment, judicial, and other criminal jus- The incentives we have proposed are tice personnel is also critical to the new agent, toxin, or material. innovative and some may be controver- Unfortunately, we are woefully short success of our mental health court pro- sial. We invite everyone who has an in- of vaccines and medicines to treat indi- gram in Seattle. It is only through full terest and a stake in this research to viduals who are exposed or infected. We coordination between the criminal jus- enter into a dialogue about the issue have antibiotics that seem to work for tice and the mental health treatment and about the nature and terms of the most of those infected in the current community at the federal and the local appropriate incentives. We have at- anthrax attack, but these have not pre- level that these efforts will be success- tempted to anticipate the many com- vented five deaths. We have no effec- ful. plicated technical and policy issues Similarly, only through full coordi- tive vaccines or medicines for most that this legislation raises. The key nation at the federal and local level other biological agents and chemical focus of our debate should be how, not will this bill be able to make a critical toxins we might confront. We have whether, we address this critical gap in difference. I believe that some addi- very limited capacity to respond medi- our public health infrastructure and tional improvements can be made to cally to a radiological attack. In some the role that the private sector should strengthen that critical coordination cases we have vaccines to prevent, but play. Millions of Americans will be at and I look forward to working with no medicines to treat, an agent. We risk if we fail to enact legislation to Senator DEWINE and Chairman LEAHY have limited capacity to speed the de- meet this need. to accomplish that goal. I welcome the velopment of vaccines and medicines to prevent or treat novel agents and tox- RELATIONSHIP TO BIOTERRORISM introduction of this legislation and PREPAREDNESS LEGISLATION look forward to working with my coins not currently known to us. sponsors to make this bill law in the We have provided, and should con- My proposal is complimentary to leg- next Congress. tinue to provide, direct Federal funding islation on bioterrorism preparedness for research and development of new we enacted earlier this year. That law, By Mr. LIEBERMAN (for himself medicines, however, this funding is un- Bioweapons Preparedness Act, focuses and Mr. HATCH): likely to be sufficient. Even with on many needed improvements in our S. 3148. A bill to provide incentives to ample Federal funding, many private public health infrastructure. These in- increase research by private sector en- companies will be reluctant to enter vestments provide the infrastructure

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 17, 2002 CONGRESSIONAL RECORD — SENATE S10717 where we could deploy the counter- chance in the development of counter- convene in Geneva beginning Novem- measures that could be developed pur- measures. We need to make sure that ber 19. In anticipation of that meeting, suant to the incentives proposed in my these countermeasures will be devel- the President has urged that all parties legislation. oped. We need more companies like to the Convention enact strict national Among the provisions in the Frist- Bayer, we need them focused specifi- criminal legislation to crack down on Kennedy law are initiatives regarding cally on developing medicines to deal prohibited biological weapons activi- bioterrorism preparedness capacities, with the new bioterror threat, and we ties, and he has called for an effective improvements in communications need to tell them that there are good United Nations procedures for inves- about bioterrorism, protection of chil- business reasons for this focus. tigation suspicious outbreaks of dis- dren, protection of food safety, and We also are fortunate to have an ease or allegations of biological weap- global pathogen surveillance and re- FDA-licensed vaccine, made by ons use. sponse. We need to fully fund these new BioPort Corporation, that is rec- These steps are welcomed, but they programs and capacities. ommended by our country’s medical are small. Even sweeping reforms, like My legislation builds on these provi- experts at the DOD and CDC for pre-an- creating a more stringent verification sions by providing incentives to enable thrax exposure vaccination of individ- and enforcement regime, would not the biotechnology industry acting on uals in the military and some individ- guarantee our safety. The robust its own initiative to fund and conduct uals in certain laboratory and other oc- verification and enforcement mecha- research on countermeasures. It in- cupational settings where there is a nisms in the CWC, for instance, have cludes tax, procurement, intellectual high risk of exposure to anthrax. This proven to be imperfect, and scientists property and liability incentives. Ac- vaccine is also recommended for use agree that it is much easier to conceal cordingly, my proposal raises issues with Cipro after exposure to anthrax to the production of biological agents falling within the jurisdiction of the give optimal and long-lasting protec- than chemical weapons. HELP, Finance, and Judiciary Com- tion. That vaccine is not now available The inescapable fact, therefore, is mittees. for use. We must do everything nec- that we cannot count on international The Frist-Kennedy law and my bill essary to make this and other vaccines regimes to prevent those who wish us are complimentary. The bottom line is available in adequate quantities to pro- ill from acquiring biological and chem- that we need both bills—one focusing tect against future attacks. ical weapons. We must be prepared for on public health and one focusing on The point of this legislation is that the reality that these weapons could medical research. Without medical re- we need many more Cipro-like and an- fall into the hands of terrorists, and search, public health workers will not thrax vaccine-like products. That we could be used against Americans on have the single most important tool to have these products is the good news; American soil. And we must be pre- use in an attack—medicine to prevent that we have so few others is the prob- pared to treat the victims of such an death and disability and medicine that lem. attack if it were ever to occur. will help us avoid public panic. BIOLOGICAL WEAPONS CONVENTION CDC QUARANTINE PLANS CIPRO AS A COUNTERMEASURE One unfortunate truth in this debate On November 26 of last year, the Cen- We are fortunate that we have broad- is that we cannot rely upon inter- ters for Disease Control issued its in- spectrum antibiotics, including Cipro, national legal norms and treaties alone terim working draft plan for respond- to treat the type of anthrax to which to protect our citizens from the threat ing to an outbreak of smallpox. The so many have been exposed. This treat- of biological or chemical attack. plan does not call for mass vaccination ment seems to be effective before the The United States ratified the Bio- in advance of a smallpox outbreak be- anthrax symptoms become manifest, logical and Toxin Weapons Convention cause the risk of side effects from the and effective to treat cutaneous an- (BWC) on January 22, 1975. That Con- vaccine outweighs the risks of someone thrax, and we have been able to effec- vention now counts 144 nations as par- actually being exposed to the smallpox tively treat some individuals who have ties. Twenty-two years later, on April virus. At the heart of the plan is a inhalation anthrax. I am thankful that 24, 1997, the United States Senate strategy sometimes called ‘‘search and this drug exists to treat those who joined 74 other countries when it rati- containment.’’ have been exposed, including my own fied the Chemical Weapons Convention This strategy involves identifying in- Senate staff. Our offices are imme- (CWC). While these Conventions serve fected individual or individuals with diately above those of Senator important purposes, they do not in any confirmed smallpox, identifying and lo- DASCHLE. way guarantee our safety in a world cating those people who come in con- We have seen how reassuring it is with rogue states and terrorist organi- tact with that person, and vaccinating that we have an effective treatment for zations. those people in outward rings of con- this biological agent. We see long lines The effectiveness of both Conven- tact. The goal is to produce a buffer of of Congressional staffers and postal tions is constrained by the fact that immune individuals and was shown to workers awaiting their Cipro. Think many countries have failed to sign on prevent smallpox and to ultimately what it would be like if we could only to either of them. Furthermore, two eradicate the outbreak. Priorities say, ‘‘We have nothing to treat you and signatories of the BWC, Iran and Iraq, would be set on who is vaccinated, per- hope you don’t contract the disease.’’ are among the seven governments that haps focusing on the outward rings be- Think of the public panic that we the Secretary of State has designated fore those at the center of the out- might see. as state sponsors of international ter- break. The plan assumes that the I am grateful that this product exists rorism, and we know for a fact that smallpox vaccination is effective for and proud of the fact that the Bayer they have both pursued clandestine bi- persons who have been exposed to the Company is based in Connecticut. The ological weapons programs. The BWC, disease as long as the disease has not last thing we should be doing is criti- unlike the CWC, has no teeth—it does taken hold. cizing this company for their research not include any provisions for In practice it may be necessary to set success. The company has dispensed verification or enforcement. Since we a wide perimeter for these areas be- millions of dollars worth of Cipro free clearly cannot assume that any coun- cause smallpox is highly contagious be- of charge. Criticizing it for the price try that signs on to the Convention fore it might be diagnosed. There may that it charges tells other research does so in good faith, the Convention be many areas subject to search and companies that the more valuable their does so in good faith, the Convention’s containment because people in our so- products are in protecting the public protective value is limited. ciety travel frequently and widely. Ter- health, the more likely they are to be On November 1 of 2001, the President rorists might trigger attacks in a wide criticized and bullied. announced his intent to strengthen the range of locations to multiply the con- It is fortuitous that Cipro seems to BWC as part of his comprehensive fusion and panic. The most common be effective against anthrax. The prod- strategy for combating terrorism. A form of smallpox has a 30 percent mor- uct was not developed with this use in BWC review conference, held every five tality rate, but terrorists might be able mind. My point with this legislation is years to consider ways of improving to obtain supplies of ‘‘flat-type’’ small- we cannot rely on good fortune and the Convention’s effectiveness, will pox with a mortality rate of 96 percent

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10718 CONGRESSIONAL RECORD — SENATE October 17, 2002 and hemorrhagic-type smallpox, which hard to imagine how much force might When the fever lets up, the telltale is almost always fatal. For these rea- be necessary to enforce the quarantine. rash appears—flat red spots that turn sons, the CDC plan accepts the possi- It would be quite unacceptable to per- into pimples, then big yellow pustules, bility that whole cities or other geo- mit individuals to leave the quar- then scabs. Smallpox also affects the graphic areas could be cordoned off, antined area no matter how much throat and eyes, and inflames the letting no one in or out—a quarantine panic had taken hold. heart, lungs, liver, intestines and other enforced by police or troops. Think about how different this sce- internal organs. Death often came from The plan focuses on enforcement au- nario would be if we had medicines internal bleeding, or from the organs thority through police or National that could effectively treat and cure simply being overwhelmed by the Guard, isolation and quarantine, man- those who become infected by small- virus. Survivors were left covered with datory medical examinations, and ra- pox. We still might implement the CDC pockmarks—if they were lucky. The tioning of medicines. It includes a dis- plan but a major element of the strat- unlucky ones were left blind, their eyes cussion of ‘‘population-wide quarantine egy would be to persuade people to permanently clouded over. Nearly one measures which restrict activities or visit their local clinic or hospital to be in four victims died. The infection rate limit movement of individuals [includ- dispensed their supply of medicine. We is estimated to be 25–40 percent for ing] suspension of large public gath- could trust that there would be a very those who are unvaccinated and a sin- erings, closing of public places, restric- high degree of voluntary compliance. gle case can cause 20 or more addition on travel [air, rail, water, motor This would give us more time, give us tional infections. vehicle, and pedestrian], and/or ‘cordon options if the containment is not suc- During the 16th Century, 3.5 million sanitaire’ [literally a ‘sanitary cord’ or cessful, give us options to treat those Aztecs—more than half the popu- line around a quarantined area guarded in the containment area who are in- lation—died of smallpox during a two- to prevent spread of disease by restrict- fected, and enable us to quell the pub- year span after the Spanish army ing passage into or out of the area].’’ lic panic. brought the disease to Mexico. Two The CDC recommends that states up- Because we have no medicine to treat centuries later, the virus ravaged date their laws to provide authority for those infected by smallpox, we have to George Washington’s troops at Valley ‘‘enforcing quarantine measures’’ and be prepared to implement a plan like Forge. And it cut a deadly path it recommends that States in ‘‘pre- the one CDC has proposed. Theirs is the through the Crow, Dakota, Sioux, event planning’’ identify personnel who only option because our options are so Blackfoot, Apache, Comanche and can enforce these isolation and quar- limited. We need to expand our range other American Indian tribes, helping antine measures, if necessary.’’ Guide of options. to clear the way for white settlers to C—Isolation and Quarantine, page 17. THE COUNTERMEASURE RESEARCH GAP lay claim to the western plains. The On October 23, 2001, the CDC pub- We should not be lulled by the appar- epidemics began to subside with one of lished a ‘‘Model State Emergency ent successes with Cipro and the medicine’s most famous discoveries: Health Powers Act.’’ It was prepared by strains of anthrax we have seen in the the finding by British physician Ed- the Center for Law and the Public’s recent attacks. We have not been able ward Jenner in 1796 that English milk- Health at Georgetown and Johns Hop- to prevent death in some of the pa- maids who were exposed to cowpox, a kins Universities, in conjunction with tients with late-stage inhalation an- mild second cousin to smallpox that af- the National Governors Association, thrax and Robert Stevens, Thomas flicts cattle, seemed to be protected National Conference of State Legisla- Morris, Jr., Joseph Curseen, Kathy against the more deadly disease. tures, Association of State and Terri- Nguyen, and Ottilie Lundgren died. Jenner’s work led to the development torial Health Officials, National Asso- This legislation is named in honor of of the first vaccine in Western medi- ciation of City and County Health Offi- them. What we needed for them, and cine. While later vaccines used either a cers, and National Association of At- did not have, is a drug or vaccine that killed or inactivated form of the virus torneys General. A copy of the model would treat late stage inhalation an- they were intended to combat, the law is printed at thrax. smallpox vaccine worked in a different www.publichealthlaw.net. The law As I have said, we need an effective way. It relied on a separate, albeit re- would provide powers to enforce the treatment for those who become in- lated virus: first cowpox and the ‘‘compulsory physical separation (infected with smallpox. We have a vac- vacinnia, a virus of mysterious origins cluding the restriction of movement cine that effectively prevents smallpox that is believed to be a cowpox deriva- and confinement) of individuals and/or infection, and administering this vac- tive. The last American was vaccinated groups believed to have been exposed to cine within four days of first exposure back in the 1970s and half of the US or known to have been infected with a has been shown to offer some protec- population has never been vaccinated. contagious disease from individuals tions against acquiring infection and It is not known how long these vac- who are believed not to have been ex- significant protection against a fatal cines provide protection, but it is esti- posed or infected, in order to prevent outcome. The problem is that admin- mated that the term is 3–5 years. or limit the transmission of the disease istering the vaccine in this time frame In an elaborate smallpox biowarfare to others.’’ Federal law on this subject to all those who might have been ex- scenario enacted in February 1999 by is very strong and the Administration posed may be exceedingly difficult. the Johns Hopkins Center for Civilians can always rely on the President’s Con- And once infection has occurred, we Biodefense Studies, it was projected stitution authority as Commander in have no effective treatment options. that within two months 15,000 people Chief. In the last century 500 million people had died, epidemics were out of control Let us try to imagine, however, what have died of smallpox—more than have in fourteen countries, all supplies of it would be like if a quarantine is im- from any other infectious disease—as smallpox vaccine were depleted, the posed. Let us assume that there is not compared to 320 million deaths in all global economy was on the verge of enough smallpox vaccine available for the wars of the twentieth century. collapse, and military control and use in a large outbreak, that the pri- Smallpox was one of the diseases that quarantines were in place. Within ority is to vaccinate those in the out- nearly wiped out the entire Native twelve months it was projected that ward rings of the containment area American population in this hemi- eighty million people worldwide had first, that the available vaccines can- sphere. The last naturally acquired died. not be quickly deployed inside the case of smallpox occurred in Somalia A single case of smallpox today quarantined area, that it is not pos- in 1977 and the last case from labora- would become a global public health sible to quickly trace and identify all tory exposure was in 1978. threat and it has been estimated that a of the individuals who might have been Smallpox is a nasty pathogen, car- single smallpox bioterror attack on a exposed, and/or that public health ried in microscopic airborne droplets single American city would necessitate workers themselves might be infected. inhaled by its victims. The first signs the vaccination of 30–40 million people. We know that there is no medicine to are headache, fever, nausea and back- The U.S. government is now in the treat those who do become infected. We ache, sometimes convulsions and delir- process of purchasing substantial know the mortality rates. It is not ium. Soon, the skin turns scarlet. stocks of the smallpox vaccine. We

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 17, 2002 CONGRESSIONAL RECORD — SENATE S10719 then face a very difficult decision on Use of ricin as a terror weapon is not The United States has publicly stat- deploying the vaccine. We know that theoretical. In 1991 in Minnesota, 4 ed that five countries are developing some individuals will have an adverse members of the Patriots Council, an biological weapons in violation of the reaction to this vaccine. No one in the extremist group that held Biological Weapons convention, North United States has been vaccinated antigovernmental and antitax ideals Korea, Iraq, Iran, Syria, and Libya, and against smallpox in twenty-five years. and advocated the overthrow of the stated that additional countries not Those that were vaccinated back then U.S. government, were arrested for yet named (possibly including Russia, may not be protected against the dis- plotting to kill a U.S. marshal with China, Israel, Sudan and Egypt) are ease today. If we had an effective treat- ricin. The ricin was produced in a home also doing so as well. ment for those who might become in- laboratory. They planned to mix the What is so insidious about biological fected by smallpox, we would face ricin with the solvent dimethly sulf- weapons is that in many cases the much less pressure regarding deploying oxide (DMSO) and then smear it on the symptoms resulting from a biological the vaccine. If we face a smallpox epi- door handles of the marshal’s vehicle. weapons attack would likely take time demic from a bioterrorism attack, we The plan was discovered, and the 4 men to develop, so an act of bioterrorism will have no Cipro to reassure the pub- were convicted. In 1995, a man entered may go undetected for days or weeks. lic and we will be facing a highly con- Canada from Alaska on his way to Affected individuals would seek med- tagious disease and epidemic. To be North Carolina. Canadian custom offi- ical attention not from special emer- blunt, it will make the current anthrax cials stopped the man and found him in gency response teams but in a variety attack look benign by comparison. possession of several guns, $98,000, and of civilian settings at scattered loca- Smallpox is not the only threat. We a container of white powder, which was tions. This means we will need medi- have seen other epidemics in this cen- identified as ricin. In 1997, a man shot cines that can treat a late stage of the tury. The 1918 influenza epidemic pro- his stepson in the face. Investigators disease, long after the infection has vides a sobering admonition about the discovered a makeshift laboratory in taken hold. need for research to develop medicines. his basement and found agents such as We must recognize that the distinc- In two years, a fifth of the world’s pop- ricin and nicotine sulfate. And, ricin tive characteristic of biological weap- ulation was infected. In the United was used by the Bulgarian secret police ons is that they are living micro-orga- States the 1918 epidemic killed more when they killed Georgi Markov by nisms and are thus the only weapons than 650,000 people in a short period of stabbing him with a poison umbrella as that can continue to proliferate with- time and left 20 million seriously ill, he crossed Waterloo Bridge in 1978. out further assistance one released in a one fourth of the entire population. Going beyond smallpox, influenza, suitable environment. The lethality of these agents and tox- The average lifespan in the U.S. was and ricin, we do not have an effective ins, and the panic they can cause, is depressed by ten years. In just one vaccine or treatment for dozens of quite frightening. The capacity for ter- year, the epidemic killed 21 million other deadly and disabling agents and ror is nearly beyond comprehension. human beings worldwide—well over toxin. Here is a partial list of some of We do not believe it is necessary to de- twice the number of combat deaths in the other biological agents and chem- scribe the facts here. Our point is sim- the whole of World War I. The flu was ical toxins for which we have no effec- ple: we need more than military intel- tive treatments: clostridium botu- exceptionally virulent to begin with ligence, surveillance, and public health linum toxin (botulism), francisella and it then underwent several sudden capacity. We also need effective medi- tularensis (tularaemia), Ebola hemor- and dramatic mutations in its struc- cines. We also need more powerful re- rhagic fever, Marbug hemorrhagic ture. Such mutations can turn flu into search tools that will enable us to fever, Lassa fever, Julin (Argentine a killer because its victims’ immune quickly develop treatments for agents hemorrhagic fever), Coxiella burnetti systems have no antibodies to fight off and toxins not on this or any other list. the altered virus. Fatal pneumonia can (Q fever), brucella species (brucellosis), We need to do whatever it takes to be rapidly develop. burkholderia mallei (glanders), Ven- able to reassure the American people Another deadly toxin, ricin toxin, ezuelan encephalomyelitis, eastern and that hospitals and doctors have power- was of interest to the al-Qaeda ter- western equine encephalomyelitis, ep- ful medicines to treat them if they are rorist network. At an al-Qaeda silon toxin of clostridium perfringens, exposed to biological agents or toxins, safehouse in Saraq Panza, Kabul re- staphylococcus entretoxin B, sal- that we can contain an outbreak of an porters found instructions for making monella species, shigella dysenteriae, infectious agent, and that there is lit- ricin. The instructions make chilling escherichia coli O157:H7, vibrio tle to fear. To achieve this objective, reading. ‘‘A certain amount, equal to a cholerae, cryptosporidium parvum, we need to rely on the entrepreneur- strong dose, will be able to kill an nipah virus, hantaviruses, tickborne ship of the biotechnology industry. adult, and a dose equal to seven seeds hemorrhagic fever viruses, tickborne DIRECT GOVERNMENT FUNDING OF RESEARCH will kill a child,’’ one page reads. An- encephalitis virus, yellow fever, nerve There is already some direct funding other page says: ‘‘Gloves and face mask agents (tabun, sarin, soman, GF, and of research by the Defense Advanced are essential for the preparation of VX), blood agents (hydrogen cyanide Research Projects Agency (DARPA), ricin. Period of death varies from 3–5 and cyanogens chloride), blister agents the National Institutes of Health days minimum, 4–14 days maximum.’’ (lewisite, nitrogenadn sulfur mustards, (NIH), and the Centers for Disease Con- The instructions listed the symptoms and phosgene oxime), heavy metals (ar- trol (CDC). This research should go for- of ricin as vomiting, stomach cramps, senic, lead, and mercury), and volatile ward. extreme thirst, bloody diarrhoea, toxins (benzene, chloroform, DARPA, for instance, has been de- throat irritation, respiratory collapse trihalomethanes), pulmonary agents scribed as the Pentagon’s ‘‘venture and death. (Phosgene, chlorine, vinly chloride), capital fund,’’ its mission to provide No specific treatment or vaccine for and incapacitating agents (BZ). seed money for novel research projects ricin toxin exists. Ricin is produced The naturally occurring forms of that offer the potential for revolu- easily and inexpensively, highly toxic, these agents and toxins are enough to tionary findings. Last year, DARPA’s and stable in aerosolized form. A large cause concern, but we also know that Unconventional pathogen Counter- amount of ricin is necessary to infect during the 1980s and 1990s the Soviet measures program awarded contracts whole populations—the amount of ricin Union conducted bioweapons research totalling $50 million to universities, necessary to cover a 100-km2 area and at forty-seven laboratories and testing foundations, pharmaceutical and bio- cause 50 percent lethality, assuming sites, employed nearly fifty thousand technology companies seeking new aerosol toxicity of 3 mcg/kg and opti- scientists in the work, and that they ways to fight biological agents and tox- mum dispersal conditions, is approxi- developed genetically modified ins. mately 4 metric tons, whereas only 1 versions of some of these agents and The Unconventional Pathogen Coun- kg of Bacillus anthracis is required. toxins. The goal was to develop an termeasures program now funds 43 sep- But it can be used to terrorize a large agent or toxin that was particularly arate research efforts on anti- population with great effect because it virulent or not vulnerable to available bacterials, anti-toxins, anti-virals, de- is so lethal. antibiotic. contamination, external protection

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10720 CONGRESSIONAL RECORD — SENATE October 17, 2002 from pathogens, immunization and trates the problems with a government There is a broad range of research multi-purpose vaccines and treat- led and managed program. A report in that could be undertaken under this ments. A common thread among many December 2000 by a panel of inde- legislation. Vaccines could be devel- of these undertakings is the goal of dependent experts found that the current oped to prevent infection or treat an veloping drugs that provide broad-spec- program ‘‘is insufficient and will fail’’ infection from a bioterror attack. trum protection against several dif- and recommended it adopt an approach Broad-spectrum antibiotics are needed. ferent pathogents. This year, with a more on the model of a private sector Also, promising research has been un- budget of $63 million, the program has effort. It needs to adopt ‘‘industry dertaken on antitoxins that could neu- received over 100 research proposals in practices,’’ ‘‘capture industry inter- tralize the toxins that are released, for the last two months alone. est,’’ ‘‘implement an organizational example, by anthrax. With anthrax it Some of this DARPA research is di- alignment that mirrors the vaccine in- is the toxins, not the bacteria itself, rected at developing revolutionary, dustry’s short chain of command and that cause death. An antitoxin could broad-spectrum, medical counter- decision making,’’ ‘‘adopt an industry- act like a decoy, attaching itself to measures against significantly patho- based management philosophy,’’ and sites on cells where active anthrax genic products. This goal is to develop ‘‘develop a sound investment strat- toxin binds and then combining with countermeasures that are versatile egy.’’ It bemoaned the ‘‘extremely lim- normal active forms of the toxin and enough to eliminate biological threats, ited’’ input from industry in the JVAP inactivating them. An antitoxin could whether from natural sources or modi- program. block the production of the toxin. fied through bioengineering or other It is clear from this experience that We can rely on the innovations of the manipulation. The countermeasures we should not rely exclusively on gov- biotech industry, working in collabora- would need the potential to provide ernment funding of countermeasures tion with academic medical centers, to protection both within the body and at research. We should take advantage of explore a broad range of innovative ap- the most common portals of entry the entrepreneurial fervor, and the proaches. This mobilizes the entire bio- (e.g., inhalation, ingestion, trans- independence, of our biotechnology in- technology industry as a vital compo- cutaneous). The strategies might industry entrepreneurs. It is not likely nent of our national defense against clude defeating the pathogen’s ability that the government will be willing or bioterror weapons. to enter the body, traverse the blood- able to provide sufficient funding for INCENTIVES NEEDED TO SPUR RESEARCH stream or lymphatics, and enter target the development of the counter- The legislation takes a comprehen- tissues; identifying novel pathogen measures we need. Some of the most sive approach to the challenges the bio- vulnerabilities based on fundamental, innovative approaches to vaccines and technology industry faces in forming critical molecular mechanisms of sur- medicines might not be funded with capital to conduct research on counter- vival or pathogenesis (e.g., Type III se- the limited funds available to the gov- measures. It includes capital formation cretion, cellular energetics, virulence ernment. We need to provide incentives tax incentives, guaranteed purchase modulation); constructing unique, ro- that will encourage every biotech com- funds, patent protections, and liability bust vehicles for the delivery of coun- pany to review its research priorities protections. We believe we will have to termeasures into or within the body; and technology portfolio for its rel- and modulating the advantageous and/ evance and potential for counter- include each of these types of incen- or deleterious aspects of the immune measure research. Some of this re- tives to ensure that we mobilize the response to significantly pathogenic search is early stage, basic research biotechnology industry for this urgent microorganisms and/or the pathogenic that is being developed and considered national defense research. Some of the tax incentives in this products in the body. only for its value in treating an en- While DAPRA’s work is specifically tirely different disease. We need to kin- legislation, and both of the two patent aimed at protecting our military dle the imagination of biotechnology incentives I have proposed, may be con- personnell, the National Institutes of companies and their tens of thousands troversial. In our view, we can debate Health also spent $49.7 million in the of scientists regarding countermeasure tax or patent policy as long as you last fiscal year to find new therapies research. want, but let’s not lose track of the for those who contract smallpox and on INDUSTRY RESEARCH ON COUNTERMEASURES issue here—development of counter- systems for detecting the disease. In My proposal would supplement direct measures to treat people infected or recent years, NIH’s research programs Federal government funding of re- exposed to lethal and disabling bio- have sought to create more rapid and search with incentives that make it terror weapons. accurate diagnostics, develop vaccines possible for private companies to form We know that incentives can spur re- for those at risk of exposure to biologi- the capital to conduct this research on search. In 1983 we enacted the Orphan cal agents, and improve treatment for their own initiative, utilizing their Drug Act to provide incentives for those infected. Moreover, in the last own capital, and at their own risk—all companies to develop treatments for fiscal year, the Centers for Disease for good business reasons going to their rare diseases with small potential mar- Control has allocated $18 million to bottom line. kets deemed to be unprofitable by the continue research on an anthrax vac- The U.S. biotechnology industry, ap- industry. In the decade before this leg- cine and $22.3 million on smallpox re- proximately 1,300 companies, spent islation was enacted, fewer than 10 search. $13.8 billion on research last year. Only drugs for orphan diseases were devel- Some companies are willing to enter 350 of these companies have managed oped and these were mostly chance dis- into a research relationships funded by to go public. The industry employs coveries. Since the Act became law, 218 DARPA and other agencies to develop 124,000 (Ernest & Young data) people. orphan drugs have been approved and countermeasures. Relationships be- The top five companies spent an aver- 800 more are in the pipeline. The Act tween the government and private in- age of $89,000 per employee on research, provides 7 years of market exclusivity dustry can be very productive, but they making it the most research-intensive and a tax credit covering some re- can also involve complex issues reflect- industry in the world. The industry has search costs. The effectiveness of the ing the different cultures of govern- 350 products in human clinical trials incentives we have enacted for orphan ment and industry. Some companies— targeting more than 200 diseases. disease research show us how much we including some of the most Losses for the industry were $5.8 billion can accomplish when we set a national enterpreneurial—might prefer to take in 2001, $5.6 billion in 2000, $4.4 billion priority for certain types of research. their own initiative to conduct this re- in 1999, $4.1 billion in 1998, $4.5 billion The incentives we have proposed dif- search. Relationships with government in 1997, $4.6 billion in 1996, and similar fer from those set by the Orphan Drug entities involve risks, issues, and bu- amounts before that. In 2000 fully 38 Act. We need to maintain the effective- reaucracy that are not present in rela- percent of the public biotech compa- ness of the Orphan Drug Act and not tionships among biotechnology companies had less than 2 years of funding for undermine it by adding many other nies and between them and non-govern- their research. Only one quarter of the disease research targets. In addition, mental partners. biotech companies in the United States the tax credits for research for orphan The Defense Departments Joint Vac- are publicly traded and they tend to be drug research have no value for most cine Acquisition Program (JVAP) illus- the best funded. biotechnology companies because few

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 17, 2002 CONGRESSIONAL RECORD — SENATE S10721 of them have tax liability with respect milestone, or other payments to the is likely in an attack that large num- to which to claim the credit. This ex- manufacturers. bers of individuals who have not been plains why we have not proposed to The Department is responsible for de- exposed or infected will flood into utilize tax credits to spur counter- termining when a manufacturer has, in healthcare facilities seeking treat- measures research. It is also clear that fact, successfully developed the needed ment. We need to be able to focus on the market for countermeasures is countermeasure. It must provide infor- those individuals who are at risk and even more speculative than the market mation in sufficient detail so that reassure those who are not at risk. for orphan drugs and we need to enact manufacturers and the government In terms of research tools, it is pos- a broader and deeper package of incen- may determine when the manufacturer sible that we will face biological agents tives. has successfully developed the counter- and chemical agents we have never DECISION MAKING ON TARGETS AND measure the government needs. If and seen before. As I’ve mentioned, the So- REGISTRATION OF RESEARCH when the manufacturer has success- viet Union bioterror research focused The government determines which fully developed the countermeasure, it in part on use of genetic modification research is covered by the legislation becomes entitled to the procurement, technology to develop agents and tox- and which companies qualify for the in- patent, and liability incentives in the ins that currently-available antibiotics centives for this research. No company legislation. can not treat. Australian researchers is entitled to utilize the incentives Once the list of agents and toxins is accidentally created a modified until the government certifies its eligi- set, companies may register with the mousepox virus, which does not affect bility. Department their intent to undertake humans, but it was 100 percent lethal These decisions are vested in the Sec- research and development of a counter- to the mice. Their research focused on retary, Department of Homeland Secu- measure to prevent or treat the agent trying to make a mouse contraceptive rity. In S. 1764, the decisions were vest- or toxin. This registration is required vaccine for pest control. The surprise ed in the White House Office of Home- only for companies that seek to be eli- was that it totally suppressed the ‘‘cell-medicated response’’—the arm of land Security, but it is now likely that gible for the tax, purchase, patent, and the immune system that combats viral a Department will be created. I have liability provisions of the legislation. infection. To make matters worse, the strongly endorsed that concept and led The registration requirement gives the engineered virus also appears unnatu- the effort to enact the legislation Department vital information about rally resistant to attempts to vac- the research effort and the personnel forming the new Department. cinate the mice. A vaccine that would The legislation confers on the Sec- involved with the research, authorizes normally protect mouse strains that retary, in consultation with the Sec- inspections and other review of the re- are susceptible to the virus only retary of Defense and Secretary of search effort, and the filing of reports worked in half the mice exposed to the Health and Human Services, authority by the company. killer version. If bioterrorists created a The Secretary then may certify that to set the list of agents and toxins with human version of the virus, vaccina- respect to which the legislation and in- the company is eligible for the tax, tion programs would be of limited use. centives applies. purchase, patent, and liability incen- This highlights the drawback of work- The Secretary determines which tives in the legislation. It bases this ing on vaccines against bioweapons agents and toxins present a threat and certification on the qualifications of rather than treatments. whether the countermeasures are the company to conduct the counter- With the advances in gene sequenc- ‘‘more likely’’ to be developed with the measure research. Eligibility for the ing—genomics—we will know the exact application of the incentives in the leg- purchase fund, patent and liability in- genetic structure of a biological agent. islation. The Secretary may determine centives is contingent on successful de- This information in the wrong hands that an agent or toxin does not present velopment of a countermeasure accord- could easily be manipulated to design a threat or that countermeasures are ing to the standards set in the legisla- and possibly grow a lethal new bac- not more likely to be developed with tion, as determined by the Secretary. terial and viral strains not found in na- the incentives. It may determine that The legislation contemplates that a ture. A scientist might be able to mix the government itself should fund the company might well register and seek and match traits from different research and development effort and certification with respect to more than micoorganism—called recombinant not rely on private companies. The De- one research project and become eligi- technology—to take a gene that makes partment is required to consider the ble for the tax, purchase, patent, and a deadly toxin from one strain of bac- status of existing research, the avail- liability incentives for each. There is teria and introduce it into other bac- ability of non-countermeasure markets no policy rationale for limiting a com- terial strains. Dangerous pathogens or for the research, and the most effective pany to one registration and one cer- infectious agents could be made more strategy for ensuring that the research tification. deadly, and relatively benign agents goes forward. The legislation includes This process is similar to the current could be designed as major public an illustrative, non-binding list of registration process for research on or- health problems. Bacteria that cause fifty-four agents and toxins that might phan (rare) diseases. In that case, com- diseases such as anthrax could be al- be included on the Secretary’s list. The panies that are certified by the FDA tered in such a way that would make decisions of the Secretary are final and become eligible for both tax and mar- current vaccines or antibiotics against are not subject to judicial review. ket exclusivity incentives. This process them ineffective. It is even possible The Department then must provide gives the government complete control that a scientist could develop an orga- information to potential manufactur- on the number of registrations and cer- nism that develops resistance to anti- ers of these countermeasures in suffi- tifications. This gives the government biotics at an accelerated rate. cient detail to permit them to conduct control over the cost and impact of the This means we need to develop tech- the research and determine when they legislation on private sector research. nology—research tools—that will en- have developed the needed counter- DIAGNOSTICS AND RESEARCH TOOLS able us to quickly develop a tailor- measure. It may exempt from publica- The registration and certification made, specific countermeasure to a tion such information as it deems to be process applies to research to develop previously unknown organism or sensitive. diagnostics and research tools, not just agent. These research tools will enable The Department also must specify drugs and vaccines. us to develop a tailor-made vaccine or the government market that will be Diagnostics are vital because drug to deploy as a countermeasure available when a countermeasure is healthcare professionals need to know against a new threat. The legislation successfully developed, including the which agent or toxin has been used in authorizes companies to register and minimum number of dosages that will an attack. This enables them to deter- receive a certification making them el- be purchased, the minimum price per mine which treatment strategy is like- igible for the incentives in the bill for dose, and the timing and number of ly to be most effective. We need quick- this vital research. years projected for such purchases. Au- ly to determine which individuals have TAX INCENTIVES FOR CAPITAL FORMATION thority is provided for the Department been exposed or infected, and to sepa- The legislation includes four tax in- to make advance, partial, progress, rate them from the ‘‘worried well.’’ it centives to enable biotechnology and

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10722 CONGRESSIONAL RECORD — SENATE October 17, 2002 pharmaceutical companies to form cap- have no tax liability. Companies with different products are useful for dif- ital to fund research and development revenue may be able to fund the re- ferent patients. We may also find that of countermeasures. Companies must search from retained earnings rather the first product developed is not the irrevocably elect only one of the incen- than secure funding from investors. most effective. tives with regard to the counter- A company that elects to utilize one The purchase commitment for coun- measure research. of these incentives is not eligible to re- termeasures is available to any com- Four different tax incentives are ceive benefits of the Orphan Drug Tax pany irrespective of its paid-in capital. available so that companies have flexi- Credit. Companies that can utilize tax INTELLECTUAL PROPERTY PROTECTIONS bility in forming capital to fund the re- credits—companies with taxable in- Intellectual property protection of search. Each of the options comes with come and tax liability—might find the research is essential to biotechnology advantages and limitations that may Orphan Credit more valuable. The leg- and pharmaceutical companies for one make it appropriate or inappropriate islation includes an amendment to the simple reason: they need to know that for a given company or research Orphan Credit to correct a defect in the if they successfully develop a medical project. We do not now know fully how current credit. The amendment has product another company cannot ex- investors and capital markets will re- been introduced in the Senate as S. propriate it. It’s a simple matter of in- spond to the different options, but we 1341 by Senators HATCH, KENNEDY and centives. assume that companies will consult JEFFORDS. The amendment simply The patent system has its basis in with the investor community about states that the Credit is available the U.S. Constitution where the federal which option will work best for a given starting the day an application for or- government is given the mandate to research project. Capital markets are phan drug status is filed, not the date ‘‘promote the progress of Science and diverse and investors have different the FDA finally acts on it. The amend- the Useful Arts by securing for a lim- needs and expectations. Over time ment was one of many initiatives ited time to Authors and Inventors the these markets and investor expecta- championed by Lisa J. Raines, who exclusive right to their respective tions evolve. If companies register for died on September 11 in the plane that Writings and Discoveries.’’ In exchange more than one research project, they hit the Pentagon, and the amendment for full disclosure of the terms of their may well utilize different tax incen- is named in her honor. As we go for- inventions, inventors are granted the tives for the different projects. ward in the legislative process, I hope right to exclude others from making, Companies are permitted to under- we will have an opportunity to speak using, or selling their inventions for a take a series of discrete and separate in more detail about the service of Ms. limited period of time. this quid pro research projects and make this elec- Raines on behalf of medical research, quo provides investors with the incen- tion with respect to each project. They particularly on rare diseases. tive to invent. In the absence of the may only utilize one of the options The guaranteed purchase fund, and patent law, discoverable inventions with respect to each of these research the patent protections, and liability would be freely available to anyone projects. provisions described below provide an who wanted to use them and inventors The first option is for the company additional incentive for investors and would not be able to capture the value to establish an R&D Limited Partner- companies to fund the research. of their inventions or secure a return ship to conduct the research. The part- GOVERNMENT COUNTERMEASURE PURCHASE on their investments. nership passes through all business de- FUND The patent system strikes a balance. ductions and credits to the partners. The market for countermeasures is Companies receive limited protection For example, under this arrangement, speculative and small. This means that of their inventions if they are willing the research and development tax cred- if a company successfully develops a to publish the terms of their invention its and depreciation deductions for the countermeasure, it may not receive for all to see. At the end of the term of company may be passed by the cor- sufficient revenue on sales to justify the patent, anyone can practice the in- poration through to its partners to be the risk and expense of the research. vention without any threat of an in- used to offset their individual tax li- This is why the legislation establishes fringement action. During the term of ability. These deductions and credits a countermeasures purchase fund that the patent, competitors can learn from are then lost to the corporation. This will define the market for the products the published description of the inven- alternative is available only to compa- with some specificity before the re- tion and may well find a new and dis- nies with less than $750,000,000 in paid- search begins. tinct patentable invention. in capital. The Secretary will set standards for The legislation provides two types of The second option is for the company which countermeasures it will pur- intellectual property protection. The to issue a special class of stock for the chase and define the financial terms of first simply provides that the term of entity to conduct the research. The in- the purchase commitment. This will the patent on the countermeasure will vestors would be entitled to a zero cap- enable companies to evaluate the mar- be the term of the patent granted by ital gains tax rate on any gains real- ket potential of its research before it the Patent and Trademark Office with- ized on the stock held for at least three launches into the project. The speci- out any erosion due to delays in ap- years. This is a modification of the cur- fications will need to be set with suffi- proval of the product by the Food and rent Section 1202 where only 50 percent cient specificity so that the company— Drug Administration. The second proof the gains are not taxed. This provi- and its investors—can evaluate the vides that a company that successfully sion is adapted from legislation I have market and with enough flexibility so develops a countermeasure will receive introduced, S. 1134, and introduced in that it does not inhibit the innovative- a bonus of two years on the term of any the House by Representatives DUNN ness of the researchers. This approach patent held by that company. Compa- and MATSUI (H.R. 2383). A similar bill is akin to setting a performance stand- nies must elect one of these two pro- has been introduced by Senator COL- ard for a new military aircraft. tections, but only small biotechnology LINS, S. 455. This option also is avail- The legislation provides that the Sec- companies may elect the second pro- able to small companies. retary will determine whether the gov- tection. Large, profitable pharma- The third and fourth options grant ernment will purchase more than one ceutical companies may elect only the special tax credits to the company for product per class. It might make first of the two options. the research. The first credit is for re- sense—as an incentive—for the govern- The first protection against erosion search conducted by the company and ment to commit to purchasing more of the term of the patent is an issue the other for research conducted at a than one product so that many more that is partially addressed in current teaching hospital or similar institu- than one company conducts the re- law, the Hatch-Waxman Patent Term tion. Tax credits are available to any search. A winner-take-all system may Restoration Act. That act provides par- company, but they are only useful to a well intimidate some companies and tial protection against erosion of the company with tax liability against we may end up without a counter- term (length) of a patent when there which to claim the credit. Very few measure to be purchased. It is also pos- are delays at the FDA in approving a biotechnology companies receive rev- sible that we will find that we need product. The erosion occurs when the enue from product sales and therefore more than one countermeasure because PTO issues a patent before the product

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 17, 2002 CONGRESSIONAL RECORD — SENATE S10723 is approved by the FDA. In these cases, option is only available to small bio- fort, ultimately resulting in wholesale the term of the patent is running but technology companies, most of whom revisions to the table by regulation, to the company cannot market the prod- have no product on the market, in get the current table in place. For anti- uct. The Hatch-Waxman Act provides most cases they would be speculating bioterrorism products currently being some protections against erosion of the about the value of a product at the end developed, it will simply be impossible term of the patent, but the protections of its patent. The company might to construct a meaningful Vaccine In- are incomplete. As a result, many com- apply this provision to a patent that jury Table—there will be no experience panies end up with a patent with a re- otherwise would be eroded due to FDA with the product. duced term, sometimes substantially delays or it might apply it to a patent MISCELLANELOUS PROVISIONS reduced. that was not eroded. The result might The legislation contains a series of The issue of patent term erosion has be a patent term that is no longer than provisions designed to enhance coun- become more serious due to changes at the patent term issued by the PTO. It termeasure research. all depends on which companies elect the PTO in the patent system. The The legislation provides for acceler- this option and which patent they se- term of a patent used to be fixed at 17 ated approval by the FDA of counter- lect. In some cases, the effect of this years from the date the patent was measures developed under the legisla- provision might be to delay the entry granted by the PTO. It made no dif- tion. In most cases, the products would onto the market of lower priced ference how long it took for the PTO to clearly qualify for accelerated ap- generics. This would tend to shift some process the patent application and proval, but the legislation ensures that of the cost of the incentive to develop sometimes the processing took years, they will be reviewed under this proc- a countermeasure to insurance compa- even decades. Under this system, there ess. were cases where the patent would nies and patients with an unrelated It provides a statutory basis for the issue before final action at the FDA, disease. FDA approving countermeasures where but there were other cases where the My rationale for including the patent human clinical trials are not appro- FDA acted to approve a product before bonus in the legislation is simple: I priate or ethical. Rules regarding such the patent was issued. Erosion was an want this legislation to say emphati- products have been promulgated by the issue, but it did not occur in many cally that we mean business, we are se- FDA. cases. rious, and we want biotechnology com- Since 1995 the term of a patent has panies to reconfigure their research It grants a limited antitrust exemp- been set at 20 years from the date of portfolios to focus in part on develop- tion for certain cooperative research application for the patent. This means ment of countermeasures. The other and development of countermeasures. that the processing time by the PTO of provisions in the legislation are power- It provides incentives for the con- the application all came while the ful, but they may not be sufficient. struction of biologics manufacturing term of the patent is running. This LIMITATION ON LIABILITY facilities and research to increase the gives companies a profound incentive This proposal protects companies efficiency of current biologics manu- to rush the patent through the PTO. willing to take the risks of producing facturing facilities. (Under the old system, companies had anti-terrorism products for the Amer- It enhances the synergy between our the opposite incentive.) With patents ican public from potential losses infor-profit and not for profit biomedical being issued earlier by the PTO, the curred from lawsuits alleging adverse research entities. The Bayh-Dole Act issue of erosion of patent term due to reactions to these products. It also pre- and Stevenson-Wydler Act form the delays at the FDA is becoming more serves the right for plaintiffs to seek legal framework for mutually bene- serious and more common. recourse for alleged adverse reactions ficially partnerships between academia The provision in the legislation sim- in Federal District Court, with proce- and industry. My legislation strength- ply states that in the case of bioter- dural and monetary limitations. ens this synergy and these relation- rorism countermeasures, no erosion in Under the plan, the Secretary of HHS ships with two provisions, one to up- the term of the patent will occur. The is required to indemnify and defend en- grade the basic research infrastructure term of the patent at the date of FDA tities engaged in qualified counter- available to conduct research on coun- approval will be the same as the term measure research through execution of termeasures and the other to increase of the patent when it was issued by the ‘‘indemnification and defense agree- cooperation between the National In- PTO. There is no extension of the pat- ments.’’ This protection is only avail- stitutes of Health and private compa- ent, simply protections against ero- able for countermeasures purchased nies. sion. Under the new 20 year term, pat- under the legislation or to use of such Research on countermeasures neces- ents might be more or less than 17 countermeasures as recommended by sitates the use of special facilities years depending on the processing time the Surgeon General in the event of a where biological agents can be handled at the PTO, and all this legislation public health emergency. safely without exposing researchers says is that whatever term is set by the An exclusive means of resolving civil and the public to danger. Very few aca- PTO will govern irrespective of the cases that fall within the scope of the demic institutions or private compa- delays at the FDA. This option is avail- indemnification and defense agree- nies can justify or capitalize the con- able to any company that successfully ments is provided with litigation rights struction of these special facilities. develops a countermeasure eligible to for injured parties. Non-economic dam- The Federal government can facilitate be purchased by the fund. ages are limited to $250,000 per plaintiff research and development of counter- The second option, the bonus patent and no punitive or exemplary damages measures by financing the construction term, is only available to small compa- may be awarded. of these facilities for use on a fee-for- nies with less than $750,000,000 in paid- Some have tried to apply the existing service basis. The legislation author- in capital. It provides that a company Vaccine Injury Compensation Program izes appropriations for grants to non- that successfully develops a counter- (VICP) to this national effort. That is profit and for-profit institutions to measure is entitled to a two-years ex- inappropriate because that program construct, maintain, and manage up to tension of any patent in its portfolio. will be extremely difficult to use, both ten Biosafety Level 3–4 facilities, or This does not apply to any patent of administratively and scientifically. their equivalent, in different regions of another company bought or transferred For example, it would take several the country for use in research to de- in to the countermeasure research years to develop the appropriate velop countermeasures. BSL 3–4 facili- company. ‘‘table’’ that identifies a compensable ties are ones used for research on indig- I am well aware that this bonus pat- injury. Companies will be liable during enous, exotic or dangerous agents with ent term provision will be controver- this process. Note that when VICP was potential for aerosol transmission of sial with some. A company would tend created, there had been studies of what disease that may have serious or lethal to utilize this option if it owned the adverse reactions to mandated child- consequences or where the agents pose patent on a product that still had, or hood vaccines had occurred and the high risk of life-threatening disease, might have, market value at the end of table was based largely on this experi- aerosol-transmitted lab infections, or the term of the patent. Because this ence. Even so, it has taken years of ef- related agents with unknown risk of

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00093 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10724 CONGRESSIONAL RECORD — SENATE October 17, 2002 transmission. The Director of the Of- In the context of research to develop ucts or revenue from product sales to fund fice and NIH shall issue regulations re- countermeasures, I do not consider it a research. They rely on investors and equity garding the qualifications of the re- problem that a company might find a capital markets to fund the research. These companies must focus on research that will searchers who may utilize the facili- broader commercial market for a coun- lead to product sales and revenue and end ties. Companies that have registered termeasure. Indeed, it may well be the their dependence on investor capital. When with and been certified by the Direc- combination of the incentives in this they are able to form the capital to fund re- tor—to develop countermeasures under legislation and these broader markets search, biotech companies tend to be innova- Section 5(d) of the legislation—shall be that drives the successful development tive and nimble and focused on the intrac- given priority in the use of the facili- of a countermeasure. If our intense table diseases for which no effective medical ties. focus on developing countermeasures, treatments are available. Special research The legislation also reauthorizes a and research tools, provides benefits credits for pharmaceutical companies are also needed. very successful NIH-industry partner- for mankind going well beyond terror For both biotech and pharmaceutical com- ship program launched in FY 2000 in weapons, we should rejoice. If this re- panies, there is no established or predictable Public Law 106–113. The funding is for search helps us to develop an effective market for these countermeasures. Investors partnership challenge grants to pro- vaccine or treatment for AIDS, we and companies are justifiable reluctant to mote joint ventures between NIH and should give the company the Nobel fund this research, which will present tech- its grantees and for-profit bio- Prize for Medicine. If we do not develop nical challenges similar in complexity to de- technology, pharmaceutical and med- a vaccine or treatment for AIDS, we velopment of effective treatments for AIDS. ical device industries with regard to may see 100 million people die of AIDS. Investors and companies need assurances that research on countermeasures has the the development of countermeasures We also have 400 million people in- potential to provide a rate of return com- (as defined in Section 3 of the bill) and fected with malaria and more than a mensurate with the risk, complexity and research tools (as defined in Section million annual deaths. Millions of chil- cost of the research, a rate of return com- 4(d)(3) of the bill). Such grants shall be dren die of diarrhea, cholera and other parable to that which may arise from a awarded on a one-for-one matching deadly and disabling diseases. Counter- treatment for cancer, MS, Cystic Fibrosis basis. So far the matching grants have measures research may deepen our un- and other major diseases or from other in- focused on development of medicines to derstanding of the immune system and vestments. treat malaria, tuberculosis, emerging The legislation provides tax incentives to speed and development of treatments enable companies to form capital to conduct and resistant infections, and thera- for cancer and autoimmune diseases. the research and tax credits usable by larger peutics for emerging threats. My pro- That is not the central purpose of this companies with tax liability with respect to posal should be matched by reauthor- legislation, but it is also an additional which to claim the credits. It provides a ization of the challenge grant program rationale for it. guaranteed and pre-determined market for for these deadly diseases. CONCLUSION the countermeasures and special intellectual The legislation also sets incentives property protections to serve as a substitute This issue raised by my legislation is for a market. Finally, it establishes liability for the development of adjuvents to en- very simple: do we want the Federal hance the potency, and efficacy of anti- protections for the countermeasures that are government to fund and supervise developed. gens in responding to a biological much of the research to develop coun- Specifics of the legislation are as follows: agent. termeasures or should we also provide (1) Setting Research Priorities (Section It requires the new Department to incentives that make it possible for the 101): The Department of Homeland Security issue annual reports on the effective- sets the countermeasure research priorities private sector, at its own expense, and ness of this legislation and these incen- in advance. It focuses the priorities on at its own risk, to undertake this re- tives, and directs it to host an inter- threats for which countermeasures are need- search for good business reasons. This national conference each year on coun- ed, and with regard to which the incentives Frist-Kennedy law focuses effectively termeasure research. make it ‘‘more likely’’ that the private sec- on direct Federal funding and coordina- tor will conduct the research to develop CALIBRATION OF INCENTIVES tion issues, but it does not include the countermeasures. It is required to consider The legislation is carefully cali- sufficient incentives for the private the status of existing research, the avail- brated to provide incentives only where sector to undertake this research on its ability of non-countermeasure markets for they are needed. This accounts for the own initiative. That law and my legis- the research, and the most effective strategy choices in the legislation about which for ensuring that the research goes forward. lation are perfectly complimentary. We The Department then provides information provisions are available to small bio- need to enact both to ensure that we technology companies and large phar- to potential manufacturers of these counter- are prepared for bioterror attacks. measures in sufficient detail to permit them maceutical companies. I ask unanimous consent that an out- to conduct the research and determine when The legislation makes choices. It sets line of the legislation appear at this they have developed the needed counter- the priorities. It provides a dose of in- point in the RECORD. measure. The Department is responsible for centives and seeks a response in the determining when a manufacturer has, in BIOLOGICAL, CHEMICAL AND RADIOLOGICAL private sector. We are attempting here fact, successfully developed the needed coun- WEAPONS COUNTERMEASURES RESEARCH ACT termeasure. to do something that has not been done OF 2002 before. This is uncharted territory. (2) Registration of Companies (Section The legislation, a refined version of S. 1764 102): Biotechnology and pharmaceutical com- And it also an urgent mission. introduced on December 4, 2001, proposes in- There may be cases where a counter- panies register with the Department to be- centives that will enable biotechnology and come eligible for the incentives in the legis- measure developed to treat a biological pharmaceutical companies to take the ini- lation. They are obligated to provide reports toxin or chemical agent will have ap- tiative—for good business reasons—to con- to the Department as requested and be open plications beyond this use. A broad- duct research to develop countermeasures, to inspections. The Department certifies spectrum antibiotic capable of treating including diagnostics, drugs, and vaccines, to with companies are eligible for the incen- many different biological agents may treat those who might be exposed to or in- tives. Once a company is certified as eligible well have the capacity to treat natu- fected by biological, chemical or radiological for the incentives, it becomes eligible for the agents and materials in a terror attack. tax incentives for capital formation, and if it rally occurring diseases. The premise of this legislation is that di- This same issue arises with the Or- successfully develops a countermeasure that rect government funding of this research is meets the specifications of the Department, phan Drug Act, which provides both likely to be much more expensive to the gov- it becomes eligible for the procurement, pat- tax and FDA approval incentives for ernment and less likely to produce the coun- ent, and liability provisions. companies that develop medicines to termeasures we need to defend America. (3) Diagnostics (Section 103): The incen- treat rare diseases. In some cases these Shifting some of the risk and expense of this tives apply to development of diagnostics, as treatments can also be used for larger research to entrepreneurial private sector well as drugs, vaccines and other needed disease populations. There are few who firms is likely to be less expensive to the countermeasures. object to this situation. We have come government and much more likely to (4) Research tools (Section 104): A company produce the countermeasures we need to pro- is also eligible for certification for the tax to the judgment that urgency of this tect ourselves in the event of an attack. and patent provisions if it seeks to develop a research is worth the possible addi- For biotechnology companies, incentives research tool that will make it possible to tional benefits that might accrue to a for capital formation are needed because quickly develop a countermeasure to a pre- company. most such companies have no approved prod- viously unknown agent or toxin, or an agent

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00094 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 17, 2002 CONGRESSIONAL RECORD — SENATE S10725 or toxin not targeted by the Department for (12) Biologics Manufacturing Capacity and Although we are far better prepared research. Efficiency (Sections 214–215): Special incen- for a terrorist attack today than ever (5) Capital Formation for Countermeasure tives are incorporated to ensure that manu- before, and preventing a terrorist at- Research (Section 201): The legislation pro- facturing capacity is available for counter- tack is our first priority, there are vides that a company seeking to fund re- measures. search is eligible to elect from among four (13) Strengthening of Biomedical Research areas where we can improve our pre- tax incentives. The companies are eligible Infrastructure: Authorizes appropriations for paredness in the case of such an at- to: grants to construct specialized biosafety tack. Chief among these is the develop- (a) Establish an R&D Limited Partnership containment facilities where biological ment of preventive agents and treat- to conduct the research. The partnership agents can be handled safely without expos- ments for those citizens who may be- passes through all business deductions and ing researchers and the public to danger come exposed to or infected by deadly credits to the partners. Section 201 (b)(1). (Section 216). Also reauthorizes a successful biological, chemical, and radiological (b) Issue a special class of stock for the en- NIH-industry partnership challenge grants agents. tity to conduct the research. The investors to promote joint ventures between NIH and Building up the public health infra- would be entitled to a zero capital gains tax its grantees and for-profit biotechnology, structure alone will be insufficient if rate on any gains realized on the stock. Sec- pharmaceutical and medical device indus- our national medicine chest does not tion 201(b)(2). tries with regard to the development of (c) Receive a special tax credit to help fund countermeasures and research tools (Section contain safe and effective medicines to the research. Section 201 (b)(3). 217). counter particular threat agents. This (d) Receive a special tax credit for research (14) Adjuvents (Section 219): The legisla- bill creates incentives for the private conducted at a non-profit and academic re- tion provides incentives for the development sector to try to fill the medicine chest search institution. Section 201 (b)(4). and use of adjuvents to enhance the potency with new products designed to respond A company must elect only one of these in- of countermeasures. to biological or other similar attacks. centives and, if it elects one of these incen- (15) Annual Report (Section 220): The De- tives, it is then not eligible to receive bene- We need many new treatments and vac- partment is required to prepare for the Con- cines and the Lieberman-Hatch bill fits under the Orphan Drug Act. The legisla- gress an annual report on the implementation includes amendments (Section 218) to tion of these incentives. will unleash the creative energy and the Orphan Drug Act championed by Sen- (16) International Conference (Section 221): many resources of the private sector ators HATCH, KENNEDY and JEFFORDS (S. The Department is required to organize an biomedical research enterprise. 1341). the amendments make the Credit annual international conference on counter- America leads the world in bio- available from the date of the application for measure research. medical research capacity. The Lieber- Orphan Drug status, not the date the appli- Mr. HATCH. Mr. President, I rise man-Hatch bill attempts to help focus cation is approved as provided under current the enormous assets of our research ex- law. today to cosponsor, with my colleague (6) Countermeasure Purchase Fund (Sec- Senator LIEBERMAN from Connecticut, pertise in a manner that will protect tion 202): The legislation provides that a Chairman of the Governmental Affairs the public health. This legislation company that successfully develops a coun- Committee, legislation that we believe seeks to help translate the basic termeasure—through FDA approval—is eligi- is essential to better prepare our na- knowledge, much of it funded through ble to sell the product to the Federal govern- tion to prepare for and respond to bio- the $27 billion taxpayer-investment in ment at a pre-established price and in a pre- terrorist attacks. The goal of our bill, the National Institutes of Health, into determined amount. The company is given the Biological, Chemical and Radio- tangible products developed by the pri- notice of the terms of the sale before it com- vate sector. mences the research. logical Measures Research Act of 2002, is to encourage private sector research Given the growing risk of further at- (7) Intellectual Property Incentives (Sec- tacks and the potentially devastating tion 203): The legislation provides that a and development of diagnostic prod- company that successfully develops a coun- ucts, drugs, and vaccines designed to consequences of bioterrorism, we must termeasure is eligible to elect one of two counter biological, chemical, or radio- abandon a business as usual attitude patent incentives. The two alternatives are logical attacks. and take the vigorous steps that Sen- as follows: One year ago our country faced a se- ator LIEBERMAN and I urge through (a) The company is eligible to receive a ries of anthrax attacks that exposed this legislation. patent for its invention with a term as long Our legislation is an additional meas- deficiencies in our nation’s ability to as the term of the patent when it was issued ure to other avenues we have pursued respond to attacks of bioterrorism. We by the Patent and Trademark Office, with- to protect our nation from terrorism, out any erosion due to delays in the FDA ap- need to do more. This bill will help pro- including the Biologic Weapons Con- proval process. This alternative is available tect the American public by deterring vention and government funded re- to any company that successfully develops a future acts of bioterrorism and, in the countermeasure irrespective of its paid-in search at NIH, the Defense Advanced event of another such attack, will in- Research Projects Agency, DARPA, capital. crease our capacity to respond effec- (b) The company is eligible to extend the and the Centers for Disease Control term of any patent owned by the company tively to the weapon deployed. and Prevention, CDC. for two years. The patent may not be one This legislation complements the Though we have mobilized many gov- that is acquired by the company from a third bioterrorism bill passed by Congress ernmental agencies and increased di- party. This is included as a capital formation earlier this year that focused on build- rect federal funding for research and incentive for small biotechnology companies ing up the public health infrastructure. development of new treatments, I agree with less than $750 million in paid-in capital, Senators KENNEDY, GREGG and FRIST with Senator LIEBERMAN, that what we or, at the discretion of the Department of deserve much credit for their work on Homeland Security, to any firm that suc- have done thus far, impressive as it has that bill as do Congressmen TAUZIN, cessfully develops a countermeasure. been, is not nearly enough. Direct gov- In addition, a company that successfully BILIRAKIS, DINGELL and BROWN. Also, ernment funding for this research is develops a countermeasure is eligible for a 10 we would be remiss if we did not recog- likely to be insufficient for our na- year period of market exclusivity on the nize the manner in which the Appro- tional defense needs unless we marry countermeasure. priations Committees in both the Sen- our efforts with the private sector to (8) Liability Protections (Section 204): The ate and the House adjusted their prior- the greatest extent possible. That is legislation provides for protections against ities so quickly last Fall. I salute the liability for the company that successfully exactly what this bill does. leadership of Senators BYRD, HARKIN, develops a countermeasure. Unfortunately, it is hard to avoid (9) Accelerated Approval of Counter- STEVENS and SPECTER in making avail- sounding somewhat like an alarmist measure (Section 211): The countermeasures able substantial new funding for build- when speaking on these matters. But, are considered for approval by the FDA on a ing up the capacity of the public health the truth of the matter today is that ‘‘fast track’’ basis. system to protect our citizens against we do not have effective treatment for (10) Special Approval Standards (Section the threat of bioterrorism. a host of potential biological, chemical 212): The countermeasures may be approved When it comes to protecting Amer- and radiological threat agents. We in the absence of human clinical trails if ica, partisanship has no place. Senator must develop these with a greater such trails are impractical or unethical. (11) Limited Antitrust Exemption (Section LIEBERMAN built upon the strong tradi- sense of urgency and this legislation 213): Companies are granted a limited exemption of bi-partisanship in the war will serve as a catalyst for private section from the antitrust laws as they seek to against terrorism in introducing this tor investment and research and devel- expedite research on countermeasures. bill today. opment activities.

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00095 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10726 CONGRESSIONAL RECORD — SENATE October 17, 2002 We need to develop an expedient, effi- bate. Keep in mind that the goal is to The four tax incentives companies cient capacity that combines the best close any gap that exists in our plan are eligible to select from include: of what our society has—strong federal against terrorism—I believe this in- (a) An R&D Limited Partnership to and academic institutions with the cludes engaging the private sector. We conduct the research. The partnership most innovative biotechnology and need to make sure that these compa- passes through all business deductions pharmaceutical companies in the nies have the proper incentives to en- and credits to the partners. world. It would be a grave mistake to gage in expensive, arduous research (b) A special class of stock for the en- ignore the tremendous capabilities and that could potentially save millions of tity to conduct the research. The in- potential of our country’s biotech and Americans. vestors would be entitled to a zero cap- pharmaceutical private sector. Let me now review the specifics of ital gains tax rate on any gains real- We must be creative, willing to work our proposal. We provide incentives, ized on the stock. together, putting aside partisan poli- such as tax incentives, guaranteed pur- (c) A special tax credit to help fund tics and our opinions of the govern- chase funds, and patent and liability the research. (d) A special tax credit for research ment or the private sector when deal- protections, which make it possible for conducted at a non-profit and academic ing with a potential deadly threat to private companies to form the capital research institution. our nation. I believe Senator LIEBER- needed to conduct this vital research. MAN and I have done that. Though we Again, we cannot expect these compa- I want to point out that a company have not agreed on all the details on nies to engage in expensive research can elect only one of these incentives everything related to homeland secu- and development for an extremely un- and, if it elects one of these incentives, rity, we agree on this vital component. predictable market without providing the company is not eligible to further We must provide the tools to forge a them meaningful incentives and reas- benefits under the Orphan Drug Act. collaborative effort by the private sec- surance. That is only fair. I would like to briefly discuss the tor and the Federal Government to In some respects this legislation is Countermeasure Purchase Fund con- come up with the cures and vaccines similar to another bill I co-authored, tained in Section 202 of the bill. Basi- we may, sadly, need one day. the Orphan Drug Act. The Orphan Drug cally, the legislation affords a com- The best deterrent of bioterrorist at- Act utilizes tax credits and marketing pany that successfully develops a coun- tacks is to be able to demonstrate the exclusivity incentives to spur research termeasure—through FDA approval— capacity to counter such dastardly into rare diseases with patient popu- eligibility to sell the product to the acts. I think the case can be made that lations under 200,000 in the United Federal Government at a pre-estab- all the rapid progress we have made in States. This modest little bill has re- lished price and in a pre-determined smallpox in the last year makes an at- sulted in over 220 approved orphan amount. The company is given notice tack with that agent less likely. That products with over 1000 more des- of the terms of the sale before it begins is the good news. The bad news is that ignated for investigation. It is my hope research. there are too many agents for which we and expectation that, in introducing The intellectual property incentives do not have any vaccine or effective our bill today, we can recreate the suc- are contained in Section 203 of the bill. therapeutic response. We need to roll cess of the Orphan Drug Act in getting There are two patent incentives: up our sleeves and get to work on many the private sector motivated in a par- One, the company is eligible to re- other potential tools of destruction. ticular area of research. ceive full patent term restoration for Our bill provides the private sector The Lieberman-Hatch bill contains its invention. This means that it is with important incentives to get this powerful incentives. Here is how it held harmless for patent term erosion work done and to get it done now. works. The bill requires the private due to the lengthy FDA approval proc- Most private sector companies rely sector to work closely with the appro- ess. This alternative is available to any on equity capital markets and invest- priate governmental officials. The leg- company that successfully develops a ments to fund research. Naturally, islation ensures that the Department countermeasure irrespective of its they focus on research that will lead to of Homeland Security sets the counter- paid-in capital. This is a significant in- products that will sell and have a de- measure research priorities in advance. centive over the normal partial patent pendable market. As we know, thank- The Department of Homeland Security term restoration provisions contained fully, there is no dependable or estab- is required to take into account the in the Drug Price Competition and Pat- lished market for counter terrorism. status of existing research, the poten- ent Term Restoration Act. I am a co- Therefore, not unreasonably, investors tial for non-countermeasure markets author of this law which has contrib- need some kind of assurance that the for the research, and the most effective uted to consumer savings of $8 to $10 costly and complex research we are strategy for propelling the research billion each year since its passage in asking them to invest in will be re- forward and provides this information 1984. This was the legislation that cre- warded—that the reward will be com- to potential manufacturers. The bill ated the modern generic drug industry. mensurate with the risk. also requires companies to register But under this law the patent term Under current law, private companies with the Department, to provide re- cannot be restored beyond 14 years. are reluctant to enter into agreements ports as requested and to be open to in- When the 1984 law was enacted the pat- with government agencies to conduct spections, in order to be eligible for in- ent term was 17 years from date of pat- needed research. The bill Senator LIE- centives. Once a company is certified, ent issuance; with the enactment of BERMAN and I are introducing greatly it is eligible for tax incentives for cap- the GATT Treaty implementing legis- expands the incentives for bio- ital formation. lation, the patent term was changed to technology and pharmaceutical compa- The Department then determines if a 20 years from date of application. By nies to develop bioterrorism counter- manufacturer has successfully devel- adopting a policy of day for day patent measures. I do not think anyone will oped a countermeasure. Once the speci- term restoration, the Lieberman-Hatch oppose involving some of the most pow- fications of the Department are met, bill is sending a strong signal to the erful research minds and new tech- the company is eligible for the procure- private sector to pour its resources nology as we defend our country ment, patent, and liability provisions. into this research. By lengthening the against these threats. We need to in- These incentives apply to diagnostics, patent term beyond the existing 14 volve these biomedical research compa- drugs, vaccines and other counter- year cap, drug companies will have a nies more directly into our national de- measures deemed necessary, including new incentive to devote their efforts to fense plan, as they may very well be research tools. this research. the ones to provide us with what we If companies seek to develop a re- Two, under the bill, small companies need to the medical front. search tool that enables the advance- are also eligible to elect to extend the I know there are novel, and perhaps ment of a countermeasure to a pre- term of any patent owned by the com- controversial, features in this bill— viously unknown agent or toxin, or an pany for two years. The patent may anything innovative usually does. I ask agent or toxin not targeted by the De- not be one that is acquired by the com- that each and every one of you who has partment, they are also eligible for in- pany from a third party. This is in- a stake in this issue enter into this de- centives. cluded as a capital formation incentive

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00096 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 17, 2002 CONGRESSIONAL RECORD — SENATE S10727 for small biotechnology companies of program is necessary it is unlikely further refine our legislation in this with less than $750 million in paid-in to be adopted. area. capital, or, at the discretion of the De- The subject mater of this legislation The Warner-Thompson language partment of Homeland Security, to any cuts across many Committees of the builds upon the principles contained in firm that successfully develops a coun- Senate. Senator LIEBERMAN and I will Executive order No. 10879 and the au- termeasure. This provision will get the work with the Finance Committee, the thority set forth in Public Law 85–804. attention of our nation’s growing bio- Judiciary Committee I serve on both of These authorities grant the Depart- technology sector. these committees—as well as the HELP ment of Defense, at DoD’s discretion, In addition, a company that success- Committee, Commerce Committee, and to include indemnification clauses in fully develops a countermeasure is eli- the Governmental Affairs Committee its contracts with military contrac- gible for a 10 year period of market ex- which my friend from Connecticut tors, with certain limitations and con- clusivity on the countermeasure. This Chairs. I might add, as much as I ad- ditions. In order for this authority to means that the FDA may not approve a mire Senator LIEBERMAN, I hope that apply to the new Office of Homeland generic copy of such a drug for 10 years next month he becomes the Ranking Security, current law needs to be regardless of whether the drug has any Democratic Member of the Govern- amended. patent protection. This is in contrast mental Affairs Committee. It is important to note that the lan- to the 5 years of marketing exclusivity We will continue to work with all in- guage of the Warner-Thompson amend- granted under the Drug Price Competi- terested parties in the private sector to ment retains the principle of discretion and Patent Term Restoration Act. refine this legislation. We welcome this tionary authority. That is important. This is an important incentive because dialog. We can not write a blank check to the it is the government that enforces the Let me state clearly that my cospon- private sector. Senator LIEBERMAN and marketing exclusivity provision, not sorship today is more an unambiguous I have included language in our bill the firm through costly, risky, and statement that I intend to work in that requires the new Secretary of time-consuming private patent in- partnership with Senator LIEBERMAN Homeland Security ‘‘to make a deter- fringement litigation. than it is a statement that I agree with mination . . . that it is in the national Other incentives in the bill include each provision and detail of this bill. security interest of the United States’’ the liability protections set forth in Specifically, I do not agree with—and before any indemnification provision section 204; a limited antitrust exemp- would not support—the anti-trust and could be triggered. The Warner-Thomp- tion designed to expedite and coordi- indemnification provisions as cur- son amendment is narrowly tailored to nate research as set forth in section rently drafted. We must tread carefully the procurement of anti-terrorism 213; accelerated FDA approval provi- in the areas of government indem- technology or services by a federal sions described in section 211; and, spe- nification and in holding any meetings agency directly engaged in homeland cial FDA approval standards estab- with the private sector in which anti- security activities. Moreover, con- lished in section 212 that codify the trust concerns are triggered. sistent with the Warner-Thompson lan- FDA regulations that authorize ap- My cosponsorship of this legislation guage, we need to flesh out the factors proval in the absence of human clinical today which will serve as a discussion the Administration shall consider in trails if such trails are impractical or draft between the 107th and 108th Con- negotiating the extent of any indem- unethical. gress—should not be considered as a re- nification. In addition the bill provide; incen- versal of my views on indemnification Although we need to further refine tives to enhance biologics manufac- and antitrust policy. It is not. My co- the language in the discussion draft turing capacity for countermeasures. sponsorship only signals my willing- bill we introduce today, my intent is This includes grants to construct spe- ness to be open to rethinking my tradi- do follow the lead of and principles cialized biosafety containment facili- tional views of indemnification and contained in the Warner-Thompson ties where biological agents can be antitrust policy in light of this grave Amendment. Further, the Warner- handled safely without exposing re- threat to our national security. These Thompson Amendment language in- searchers and the public to danger. The sections—as well as many other parts cludes procurements made by State bill also reauthorizes a successful NIH- of the bill need more work. At the end and local governments but only industry partnership challenge grants of the day, I hope we can come to- through contracts made by the head of to promote joint ventures between NIH gether on these questions. an agency of the Federal Government and its grantees and for-profit bio- I want to stress the fact that I op- and only to the extent that those loses technology, pharmaceutical, and med- posed proposed indemnification lan- are not covered by insurance. ical device industries with regard to guage in the Kennedy-Gregg-Frist bio- A discussion of indemnification in the development of countermeasures terrorism bill passed earlier this year. the context of bioterrorism counter- and research tools. I have opposed indemnification provi- measures is a very special case. It is a Finally, the bill also provides incen- sions in discussions over matters of unique circumstance in which we may tives for the development and use of homeland security. I continue to hold very well face many issues never con- adjuvants to enhance the potency of my position that indemnification is fronted before such as the possibility of countermeasures; requires the Depart- not only not the best policy but that it using drugs that can not be ethically ment of Homeland Security to prepare may also be counterproductive in the tested in human beings due to the dan- an Annual Report to Congress on the long run. ger of the agent the drug is intended to implementation of these incentives in Similarly, I have rejected any gen- treat. We are not talking about asbes- the legislation and to organize an an- eral policy of governmental indem- tos or tobacco here, we are talking nual international conference on coun- nification of those injured by asbestos about potential attacks that could un- termeasure research. or tobacco use. The private sector must dermine the public health, economic Let me conclude by saying that this bare its share of the risk and responsi- wealth, and environmental integrity of legislation lays out an unabashedly ag- bility when it produces potentially the United States of America. gressive set of incentives designed to dangerous products. We are trying to protect against the stimulate research. There will un- Frankly, I believe the solution to the use weapons of terror in the hands of doubtedly be criticisms of some of the indemnification issue may ultimately terrorists, not routine uses of con- features of the bill. Senator LIEBERMAN stem from the hard work of Senators sumer and other products. If unforseen and I recognize that adjustments will WARNER and THOMPSON with respect to side effects occur when counter- have to be made along the way. We their amendment, Number 4530, to the measures are dispensed, society may be want to work closely with President Homeland Security bill. This language presented with problems that will re- Bush, Vice President CHENEY, Governor was carefully worked out in close con- quire innovative responses. The future Ridge, and Secretary Thompson and sultation with by Senators WARNER of our country is at stake. I have twen- others in the Administration in refin- and THOMPSON and the White House ty grandchildren and I want them to ing this legislation. We recognize that earlier this year. We will take advan- hand down our traditions and heritage unless the President feel that this type tage of amendment Number 4530 as we to their grandchildren. It is for their

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00097 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10728 CONGRESSIONAL RECORD — SENATE October 17, 2002 sake that we must try to settle these the ‘‘Biological, Chemical and Radio- dom of speech, the press, religion, inde- issues. logical Measures Research Act of 2002’’. pendent political activity and nongovern- But let us not get to far ahead of our- I hope that our colleagues will con- mental organizations, and detains over 7,000 selves at this point with all these de- clude that this legislation deserves to people for political or religious reasons; tails. This legislation is a work in be near the top of the agenda when the Whereas the United States Commission on International Religious Freedom has ex- progress. Anyone who has witnessed 108th Congress convenes in January. pressed concern about religious persecution the extensive floor debate over the last in the region, recommending that 2 months over the creation of the Of- By Mr. MCCAIN: Turkmenistan be named a Country of Par- fice of Homeland Security understands S.J. Res. 50. A joint resolution ex- ticular Concern under the International Re- that we have much, much more work pressing the sense of the Senate with ligious Freedom Act of 1998, and that Uzbek- to do with respect to the creation of respect to human rights in Central istan be placed on a special ‘‘Watch List’’; the new department and many other Asia; to the Committee on Foreign Re- Whereas, by continuing to suppress human homeland security issues. I hope and lations. rights and to deny citizens peaceful, demo- expect that President Bush and the Mr. MCCAIN. Mr. President, I ask cratic means of expressing their convictions, unanimous consent that the text of the the nations of Central Asia risk fueling pop- Congress will come together on the De- ular support for violent and extremist move- resolution be printed in the RECORD. partment of Homeland Security. I comments, thus undermining the goals of the mend Senator LIEBERMAN for his con- There being no objection, the resolu- war on terrorism; structive role in this ongoing debate. tion was ordered to be printed in the Whereas President Bush has made the de- My support of this legislation should RECORD, as follows: fense of ‘‘human dignity, the rule of law, be construed as a personal commit- S.J. RES. 50 limits on the power of the state, respect for ment to work closely with Senator LIE- Whereas the Central Asian nations of women and private property and free speech BERMAN, the White House and other Kazakhstan, Kyrgyzstan, Tajikistan, and equal justice and religious tolerance’’ parties to address the issues raised in Turkmenistan, and Uzbekistan provided the strategic goals of United States foreign pol- United States with important assistance in icy in the Islamic world, arguing that ‘‘a the bill. It is my hope that we can ar- truly strong nation will permit legal avenues rive at an acceptable compromise on the war in Afghanistan, from military basing and overflight rights to the facilitation of of dissent for all groups that pursue their as- the indemnification and antitrust pro- humanitarian relief; pirations without violence’’; and visions, as well as, all the other mat- Whereas America’s victory over the Whereas the Congress has expressed its de- ters taken up in this important legisla- Taliban in turn provided important benefits sire to see deeper reform in Central Asia in tion. to the Central Asian nations, removing a re- past resolutions and legislation, most re- As a pragmatic legislator, I under- gime that threatened their security, and sig- cently conditioning assistance to Uzbekistan stand that to make an omelette, you nificantly weakening the Islamic Movement on its progress in meeting human rights and always have to break an egg. I hope of Uzbekistan, a terrorist organization that democracy commitments to the United this discussion draft bill will help in- had previously staged armed raids from Af- States: Now, therefore, be it ghanistan into the region; Resolved by the Senate and House of Rep- spire discussion and move the process Whereas the United States has consist- resentatives of the United States of America in along. ently urged the nations of Central Asia to Congress assembled, That it is the Sense of We are facing unprecedented threats open their political systems and economies the Congress that: to our Nation’s security. We need to be and to respect human rights, both before and (1) the governments of Kazakhstan, open to novel solutions to these new since the attacks of September 11, 2001; Kyrgyzstan, Tajikistan, Turkmenistan, and problems. We hope that this bill will Whereas Kazakhstan, Kyrgyzstan, Uzbekistan should accelerate democratic re- foster thoughtful discussion on how Tajikistan, Turkmenistan, and Uzbekistan forms and fulfill their human rights obliga- best to prepare the nation for any po- are members of the United Nations and the tions including, where appropriate, by— tential biological, chemical, or radio- Organization for Security and Cooperation in ‘‘(A) releasing from prison all those jailed Europe, both of which confer a range of for peaceful political activism or the non- logical attack. human rights obligations on their members; Let us not lose sight of our mission violent expression of their political or reli- Whereas according to the State Depart- gious beliefs; to protect our nation from the dev- ment Country Reports on Human Rights ‘‘(B) fully investigating any credible alle- astating illness and death that bioter- Practices, the government of Kazakhstan gations of torture and prosecuting those re- rorism can bring. We desperately need harasses and monitors independent media sponsible; to develop the technology to prevent, and human rights activists, restricts free- ‘‘(C) permitting the free and unfettered detect, diagnose, and treat our citizens dom of association and opposition political functioning of independent media outlets, who may fall victim to bioterrorism. I activity, and allows security forces to com- independent political parties, and non-gov- mit extrajudicial executions, torture, and ar- believe that strengthening the govern- ernmental organizations, whether officially bitrary detention with impunity; registered or not; ment’s partnership with the private Whereas according to the State Depart- (D) permitting the free exercise of reli- sector is the most effective and expe- ment, the government of the Kyrgyz Repub- gious beliefs and ceasing the persecution of dient step we can take at this point in lic engages in arbitrary arrest and detention, members of religious groups and denomina- restricts the activities of political opposition time. The Kennedy-Gregg-Frist bioter- tions not registered with the state; figures, religious organizations deemed ‘‘ex- rorism law was an enormous step for- (E) holding free, competitives, and fair tremist,’’ human rights activists, and non- ward. The funding support provided by elections; governmental organizations, and discrimi- Senators BYRD, STEVENS, HARKIN, and nates against ethnic minorities. (F) making publicly available documenta- SPECTER and other appropriators is Whereas according to the State Depart- tion of their revenues and punishing those also essential. This public sector in- ment, the government of Tajikistan remains engaged in official corruption; vestment must now be joined by legis- authoritarian, curtailing freedoms of speech, (2) the President of the United States, the lation that will foster a commensurate assembly, and association, with security Secretary of State, and the Secretary of De- private sector response. That is exactly forces committing extrajudicial executions, fense should— what the Lieberman-Hatch bill, the Bi- kidnappings, disappearances, and torture; (A) continue to raise at the highest levels with the governments of the nations of Cen- ological, Chemical and Radiological Whereas according to the State Depart- ment, Turkmenistan is a Soviet-style one- tral Asia specific cases of political and reli- Measures Research Act of 2002, will do party state centered around the glorification gious persecution, and urge greater respect if Congress passes this law. of its president, which engages in serious for human rights and democratic freedoms at Let me close by saying that I have human rights abuses, including arbitrary ar- every diplomatic opportunity; enjoyed working with Senator LIEBER- rest and detention, severe restrictions of per- (B) take progress in meeting the goals out- MAN in developing this bill and look sonal privacy, repression of political opposi- lined in paragraph (1) into account when de- forward to continuing this partnership tion, and restrictions on freedom of speech termining the level and frequency of United in the future as we work with other and nongovernmental activity; States diplomatic engagement with the gov- Senators on this legislation. I also Whereas according to the State Depart- ernments of the Central Asian nations, the allocation of United States assistance, and want to recognize the efforts of Chuck ment, the government of Uzbekistan continues to commit serious human rights the nature of United States military engage- Ludlam on Senator LIEBERMAN’s staff abuses, including arbitrary arrest, detention ment with the countries of the region; for all the work he has done to bring and torture in custody, particularly of Mus- (C) ensure that the provisions of the For- the bill to this point. Senator LIEBER- lims who practice their religion outside eign Operations Appropriations Act are fully MAN and I urge our colleagues to review state controls, the severe restriction of free- implemented to ensure that no United States

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00098 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 17, 2002 CONGRESSIONAL RECORD — SENATE S10729 assistance benefits security forces in Central content for limited, non-commercial laying down a marker for next year’s Asia implicated in violations of human purposes. A new copyright regime for debate. I will work closely with my rights; the digital world must not narrow or (D) follow the recommendations of the Chairman on the Senate Commerce United States Commission on International limit these rights. It would be a ter- Committee, Senator HOLLINGS, and Religious Freedom by designating rible irony if the advances in digital others to move the issue forward. A Turkmenistan a Country of Particular Con- technology were to result in a step positive expression affirming the rea- cern under the International Religious Free- backwards for consumers. sonable interests of consumers should dom Act of 1998 and by making clear that Uz- I expect to see a great deal of activ- be part of this Nation’s evolving copy- bekistan risks designation if conditions ity on this subject during the next Con- there do not improve; gress—on the legislative front cer- right regime. (E) work with the Government of tainly, but also in further negotiations Kazakhstan to create a political climate free between industry groups and in efforts f of intimidation and harassment, including releasing political prisoners and permitting to devise new technological ap- the return of political exiles, most notably proaches. To ensure that the scope of STATEMENTS ON SUBMITTED Akezan Kazegeldin, and to reduce official ‘‘fair use’’ in the digital world will not RESOLUTIONS corruption, including by urging the Govern- be any narrower than it has been in the ment of Kazakhstan to cooperate with the analog world, I believe it would be ongoing United States Department of Jus- helpful for Congress to spell out its ex- tice investigation; pectations concerning what legitimate SENATE RESOLUTION 345—EX- (F) support through United States assist- PRESSING SYMPATHY FOR ance programs those individuals, non-gov- fair use includes. That is what this res- ernmental organizations, and media outlets olution aims to do. Specifically, it says THOSE MURDERED AND INJURED in Central Asia working to build more open that consumers of legally acquired con- IN THE TERRORIST ATTACK IN societies, to support the victims of human tent should be permitted to make cop- BALI, INDONESIA, ON OCTOBER righrs abuses, and to expose official corrup- ies for purposes of using the content 12, 2002, EXTENDING CONDO- tion; and later (time-shifting), using it in a dif- LENCES TO THEIR FAMILIES, (3) increased levels of United States assist- ferent place (space shifting), or making AND STANDING IN SOLIDARITY ance to the governments of the Central a backup; to use the content on dif- WITH AUSTRALIA IN THE FIGHT Asian nations made possible by their co- AGAINST TERRORISM operation in the war in Afghanistan can be ferent platforms or devices; to translate the content into different formats; sustained only if there is substantial and Mrs. FEINSTEIN (for herself, Mr. continuing progress towards meeting the and to use technology to achieve any of goals outlined in paragraph (1). these purposes. Copyright law should HAGEL, Mr. HELMS, and Mr. NELSON of not give copyright holders the ability Florida) submitted the following reso- By Mr. WYDEN: to prohibit such legitimate, personal, lution; which was referred to the Com- S.J. Res. 51. A resolution to recognize non-commercial activity. mittee on Foreign Relations: the rights of consumers to use copy- It is clear to me that the content in- S. RES. 345 right protected works, and for other dustries face very serious challenges in Whereas more than 180 innocent people purposes; to the Committee on the Ju- preventing piracy, and that intellec- diciary. were murdered and at least 300 injured by a tual property protections must be cowardly and brutal terrorist bombing of a Mr. WYDEN. Mr. President, today I strong. People and companies that cre- nightclub in Bali, Indonesia, on October 12, am introducing a resolution that spells ate copyrighted works must be fairly 2002, the worst terrorist incident since Sep- out what I believe should be the basic compensated, and piracy must be pun- tember 11, 2001; rights of consumers to use and enjoy ished. America’s information-based Whereas those killed include two United legally acquired copyrighted works. economy depends on it. States citizens, as well as citizens from Ger- The purpose of this resolution is sim- But efforts to combat piracy must many, the United Kingdom, and Canada, but ple: to establish the principle that as not come at the expense of legitimate the vast majority of those killed and injured the Nation’s copyright system evolves were Australian, with more than 220 Aus- consumer uses of intellectual property. tralians still missing; and adapts to new technologies, it That would be throwing out the baby Whereas two American citizens are still must respect and preserve the interests with the bathwater. missing; of consumers. I am joined in this effort I understand that the content indus- Whereas this bloody attack appears to be by my friend and frequent collaborator, tries have serious concerns about this part of an ongoing terror campaign by al- Representative CHRIS COX, who has al- resolution. I have listened to them, and Qaida, and strong evidence exists that sug- ready introduced a similar resolution I can appreciate theirs fear that, for gests the involvement of al-Qaida, together in the House. example, expressing consumer rights in with Jemaah Islamiah, in this attack; and In today’s information age, intellec- Whereas the people of the United States too absolute a fashion could open the and Australia have developed a strong tual property rules are the oil that door to someone making 1,000 copies of friendship based on mutual respect for de- helps keep the economic engine run- a CD to share with all their friends and mocracy and freedom: Now, therefore, be it ning smoothly. Digitization and the acquaintances at no charge. That is rise of the Internet have given the en- Resolved, That the Senate— not my intention. So the resolution I (1) expresses its deepest condolences and gine a big boost by creating new and am introducing specifies that the sympathies to the families of the American more efficient ways of circulating, ma- rights in question must be exercised in victims, to the other families of those mur- nipulating, and using information. The a reasonable, personal, and non-com- dered and injured in this heinous attack, and pace of these developments has left the mercial manner. The rights are not ab- to the people of Australia, Great Britain, copyright system scrambling to keep solute. Canada, and Germany; up. Going forward, I intend to continue (2) condemns in the strongest possible Industry working groups have been to listen to both sides of this debate, terms the vicious terrorist attacks of Octo- meeting over the past several years to ber 12, 2002, in Bali, Indonesia; and to support solutions that do not (3) expresses the solidarity of the United negotiate new copy protection rules, upset the balance in existing law be- States with Australia in our common strug- but consumers have not always had a tween commercial use and non-com- gle against terrorism; prominent seat at the table, and there mercial, personal use. I want to protect (4) supports the Government of Australia is a real risk that the interests of con- the interests of both copyright holders in its call for the al-Qaida-linked Jemaah sumers could get short shift. That is and consumers. But the fact is, as of Islamiah to be listed by the United Nations why I believe it is important to affirm today, nobody in the Senate has as a terrorist group; that new copyright protection systems stepped forward with legislation on the (5) urges the Secretary of State to des- must not be allowed to undermine or ignate Jemaah Islamiah as a foreign ter- consumer side of this issue. This reso- rorist organization; and erode the existing rights and expecta- lution helps fill that void. (6) calls on the Government of Indonesia to tions of consumers. Existing copyright Introducing this resolution now, with take every appropriate measure to bring to laws, under the doctrine of ‘‘fair use,’’ the end of this Congress drawing near, justice those responsible for this reprehen- permit consumers to make copies of Congressman COX, and I are essentially sible attack.

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00099 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10730 CONGRESSIONAL RECORD — SENATE October 17, 2002 SENATE RESOLUTION 346—CELE- cancer death rates since recordkeeping was Whereas research sponsored by the Na- BRATING THE 90TH BIRTHDAY instituted; tional Institutes of Health has mapped and OF LADY BIRD JOHNSON Whereas research sponsored by the Na- sequenced the entire human genome ahead of tional Institutes of Health has developed ef- schedule, thereby ushering in a new era of Mrs. HUTCHISON (for herself and fective treatments for Acute Lymphoblastic molecular medicine that will provide unprec- Mr. GRAMM) submitted the following Leukemia; edented opportunities for the prevention, di- resolution; which was referred to the Whereas research sponsored by the Na- agnoses, treatment, and cure of diseases that Committee on the Judiciary. tional Institutes of Health in the last 30 currently plague society; years has doubled the life expectancy of Whereas an unprecedented variety of new S. RES. 346 sickle cell disease patients; treatments and prevention strategies for Whereas Mrs. Lyndon Baines Johnson was Whereas research sponsored by the Na- neurological disorders are under develop- born Claudia Alta Taylor in Karnack, Texas, tional Institutes of Health has resulted in ment, including drugs that are targeted at on December 22, 1912, the daughter of Thom- the identification of genetic mutations for specific molecular processes, stem cell thera- as Jefferson and Minnie Pattillo Taylor; osteoporosis, Lou Gehrig’s Disease, cystic fi- pies that replace lost nerve cells, neural Whereas at an early age, it was noted that brosis, Huntington’s Disease, breast cancer, prostheses that read control signals directly she was ‘‘purty as a lady bird,’’ and since skin cancer, prostate cancer, and a variety of from the brain, vaccines that target that time she has been known to family, other illnesses; neurodegeneration, implantable electrical friends, and all Americans as ‘‘Lady Bird’’; Whereas a third of all known genetic de- stimulators that compensate for brain cir- Whereas Lady Bird Johnson, as wife of the fects affect the nervous system, and so far cuits unbalanced by disease, vectors to re- 36th President of the United States, served more than 200 genes have been identified pair or replace defective genes, and behav- with great distinction as First Lady from that can cause or contribute to neurological ioral interventions that encourage the 1963-1969; disorders, but a better understanding of mul- brain’s latent capacity to repair itself; Whereas the fundamental way science is Whereas Mrs. Johnson has dedicated her tiple gene influences on disease risk, pro- conducted is changing at a revolutionary life to education and the beautification of gression, and severity is needed; pace, demanding a far greater investment in our environment, and provided a legacy of Whereas research sponsored by the NIH has emerging new technologies, research train- wildflowers growing along our highways; brought remarkable progress, with the first ing programs, and in developing new skills Whereas in 1982, Mrs. Johnson founded the treatments for acute stroke and spinal cord among scientific investigators; and National Wildflower Research Center (later injury, new immune therapies that amelio- Whereas most Americans show over- renamed the Lady Bird Johnson Wildflower rate symptoms and slow the progression of whelming support for an increased Federal Center) in Austin, Texas, dedicated to the multiple sclerosis, and increased drug and investment in biomedical research: preservation and reestablishment of native surgical options for Parkinson’s disease, epi- Now, therefore, be it plants in natural and planned landscapes; lepsy and chronic pain; Resolved, Whereas Mrs. Johnson is the recipient of Whereas research sponsored by the Na- SECTION 1. SHORT TITLE. our Nation’s highest civilian award, the tional Institutes of Health has been key to This resolution may be cited as the ‘‘Reso- Medal of Freedom, and in 1988 received the the development of Magnetic Resonance Im- lution for the Tripling of Biomedical Re- Congressional Gold Medal from President aging (MRI), Positron Emission Tomography search’’. Ronald Reagan; and (PET), and other imaging technologies; SEC. 2. SENSE OF THE SENATE. Whereas the American people have a great Whereas the emerging understanding of It is the sense of the Senate that appro- and lasting admiration and affection for the principles of biomimetics has been ap- priations for the National Institutes of Lady Bird Johnson: Now, therefore, be it plied to the development of hard tissue such Health should be tripled over the ten year Resolved, That the Senate— as bone and teeth as well as soft tissue, and period from fiscal year 1999 to 2008. (1) celebrates the 90th birthday of Lady this field of study holds great promise for Mr. SPECTER. Mr. President, I have Bird Johnson on December 22, 2002; the design of new classes of biomaterials, sought recognition to submit a resolu- (2) extends best wishes to Mrs. Johnson; pharmaceuticals, diagnostic and analytical and reagents; tion with respect to the National Insti- (3) directs the Secretary of the Senate to Whereas many Americans still face serious tutes of Health. The progress on med- transmit an enrolled copy of this resolution and life-threatening health problems, both ical research has been astounding, to— acute and chronic; thanks to remarkable biomedical re- (A) Lady Bird Johnson; Whereas neurodegenerative diseases of the search and achievements. (B) the National Archives; and elderly, such as Alzheimer’s and Parkinson’s When I came to the Senate after (B) the Lyndon Baines Johnson Library disease threaten to destroy the lives of mil- being elected in 1980, the budget for the and Museum. lions of Americans, overwhelm the Nation’s National Institutes of Health was $3.6 health care system, and bankrupt the Medi- care and Medicaid programs; billion. The Senate bill this year will SENATE RESOLUTION 347—EX- Whereas muscular dystrophies continue to advance that funding to more than $27 PRESSING THE SENSE OF THE severely affect the quality of life and shorten billion, and a good bit of that growth SENATE THAT IN ORDER TO the lifespan of many Americans; has been occasioned by the resolution SEIZE UNIQUE SCIENTIFIC OP- Whereas one in one hundred Americans are which was passed in 1997 to double the PORTUNITIES THE FEDERAL currently infected with the hepatitis C virus, NIH funding over a 5-year period. COMMITMENT TO BIOMEDICAL an insidious liver condition that can lead to Today I am submitting a resolution RESEARCH SHOULD BE TRIPLED inflammation, cirrhosis, and cancer as well to triple the NIH funding over the 10- OVER A TEN YEAR PERIOD BE- as liver failure; year period from fiscal year 1999 Whereas women have traditionally been GINNING IN 1999 under-represented in medical research proto- through the 2008. Mr. SPECTER submitted the fol- cols, yet are severely affected by diseases in- When the resolution was passed to lowing resolution; which was referred cluding breast cancer; ovarian cancer; and double NIH funding, that was a state- to the Committee on Appropriations: osteoporosis and cardiovascular disorders; ment of the Senate’s druthers, so to Whereas cancer remains a comprehensive speak. It has been very hard to get the S. RES. 347 threat to any tissue or organ of the body at dollars, but we have managed to do so. Whereas past investments in biomedical any age, and remains a leading cause of mor- In 1998, Senator TOM HARKIN, who research have resulted in better health, and bidity and mortality; was then ranking member, and I, chair- improved quality of life for all Americans; Whereas the extent of psychiatric and neu- man—Senator HARKIN and I have Whereas the Nation’s commitment to bio- rological diseases poses considerable chal- medical research has expanded the base of lenges in understanding the workings of the passed the gavel back and forth, and it scientific knowledge regarding health and brain and nervous system; has been a seamless transition. I much disease and revolutionized the practice of Whereas recent advances in the treatment prefer to be the chairman, but when medicine; of HIV illustrate the promise research holds Senator HARKIN is the chairman, our Whereas biomedical research continues to for even more effective, accessible, and af- partnership is such that we move ahead play a vital role in the growth of this Na- fordable treatments for persons with HIV, in the public interest. I learned a long tion’s biotechnology, medical device, and however at least 320,000 Americans are now time ago, if you want to get something pharmaceutical industries; suffering from AIDS and hundreds of thou- done in Washington, you have to cross Whereas the origins of many of the new sands more with HIV infection; party lines. drugs and medical devices currently in use Whereas diabetes, both insulin and non-in- are based in biomedical research supported sulin forms, afflict over 16 million Ameri- In 1998, Senator HARKIN and I asked by the National Institutes of Health; cans and place them at risk for acute and for an additional $1 billion. The Budget Whereas research sponsored by the Na- chronic complications, including blindness, Committee turned us down. We came tional Institutes of Health has contributed kidney failure, atherosclerosis and nerve de- to the floor and lost on a vote of 63 to significantly to the first overall reduction in generation; 37, but got out our sharp pencils and

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00100 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 17, 2002 CONGRESSIONAL RECORD — SENATE S10731 found the $1 billion as a matter of pri- AIDS and hundreds of thousands more Senate Appropriations Committee. If orities. with HIV infections. this recommendation is signed into Having lost on the effort for $1 bil- The written resolution, which I am law, it will result in a doubling of the lion, we came back the next year and submitting, chronicles in greater detail fiscal year 1998 level within a 5-year pe- asked for $2 billion. Again, we were de- the severe problems facing Americans riod. This money has been very well feated on a floor vote. Again, we estab- with Parkinson’s, Alzheimer’s, heart spent. The successes realized by this lished priorities and found the $2 bil- ailments, cancer, and many other af- investment in NIH have spawned revo- lion. We had a number of votes and had flictions, but also we note the tremen- lutionary advances in our knowledge difficulties in coming to the figure, but dous achievements of the National In- and treatment for diseases such as can- the last recorded vote on the NIH budg- stitutes of Health. cer, Alzheimer’s disease, Parkinson’s et was 96 to 4. There remains a great deal more to disease, mental illness, diabetes, There have been remarkable achieve- be done, and since November of 1998, osteoporosis, heart disease, ALS and ments by the National Institutes of when the stem cell phenomenon came many others. It is clear that Congress’ Health. NIH research has developed ef- upon the scene, we now have a real op- commitment to the NIH is paying off. fective treatments for acute leukemia. portunity for enormous progress with Now it is crucial that increased fund- NIH research in the past 30 years has stem cell research. That requires a ing be continued in order to convert doubled the life expectancy of sickle change in Federal law on the Federal these advances into treatment and cell disease patients. funding, and it is controversial because cures. NIH research has resulted in the stem cells come from embryos. They Our investment has resulted in new identification of the genetic mutations come from embryos which are dis- generations of AIDS drugs which are for osteoporosis, amyotrophic lateral carded. reducing the presence of the AIDS sclerosis, known as Lou Gehrig’s dis- Characteristically, when a dozen or virus in HIV infected persons to nearly ease, cystic fibrosis, Huntington’s dis- so embryos are created for in vitro fer- undetectable levels. Death rates from ease, skin cancer, breast cancer, and tilization, many—8, 9, 10—are dis- cancer have begun a steady decline. prostate cancer. carded, thrown away. If those embryos With the sequencing of the human ge- A third of all known genetic defects could produce life, that would be their nome, we will begin, over the next few affect the nervous system, and so far highest form, and that is what should years, to reap the benefits in many more than 200 genes have been identi- be done. But if the choice is discarding fields of research. And if scientists are fied that can cause or contribute to them or using them to save lives, it correct, stem cell research could result neurological disorders, with a better seems to me the choice is clear: To use in a veritable foundation of youth by understanding of multiple gene influ- them to save lives. replacing diseased or damaged cells. I ences on disease risk, progression, and Last year, I suggested, successfully, anxiously await the results of all of severity. that we have $1 million for embryo these avenues of remarkable research. Research by the NIH has brought re- adoption in our appropriations bill to This is the time to seize the scientific markable progress with the first treat- encourage people to come forward and opportunities that lie before us. ments for acute stroke, spinal cord in- adopt embryos, but still many remain On May 21, 1997, the Senate passed a jury, new immune therapies that ame- to be discarded. sense of the Senate resolution stating liorate symptoms and slow the progres- Confusion has arisen over an issue of that funding for the NIH be doubled sion of multiple sclerosis, and in- what is called therapeutic cloning over 5 years. Regrettably, even though creased drug and surgical options for which is confused with human cloning. the resolution was passed by an over- Parkinson’s disease, epilepsy, and There is, I think, a consensus, if not whelming vote of 98 to 0, the Budget chronic pain. unanimity, that human cloning is un- Resolution contained a $100 million re- Research sponsored by the National desirable. But nuclear transplantation, duction for health programs. That Institutes of Health has been key in which has been mislabeled as thera- prompted Senator HARKIN and myself the development of the MRI, magnetic peutic cloning, offers lifesaving proce- to offer an amendment to the budget resonance imaging, positron emission dures. resolution to add $1.1 billion to carry tomography, and other imaging tech- In essence, it takes a skin cell from a out the expressed sense of the Senate nologies. person and places it into an egg with to increase NIH funding. Unfortu- Emerging understanding of the prin- the nucleus removed. The stem cells nately, our amendment was tabled by a ciples of biomimetics has been applied produced from this process are not re- vote of 63 to 37. We were extremely dis- to the development of hard tissue, such jected and can be inserted in the brain appointed that, while the Senate had as bone and teeth, as well as soft tis- for people who suffer from Parkinson’s. expressed its druthers on a resolution, sue, and this field of study holds great Legislation will soon be proposed it was simply unwilling to put up the promise for the design of new classes of which will promote Federal funding on actual dollars to accomplish this vital biomaterials, pharmaceuticals, diag- important stem cell research which has goal. nostic and analytical reagents. the potential to save millions of lives. The following year, Senator HARKIN Notwithstanding all of these achieve- These issues of disease which con- and I again introduced an amendment ments, Americans continue to suffer front America involve virtually all to the Budget Resolution which called greatly. Women have traditionally Americans in terms of someone in a for a $2 billion increase for the NIH. been under-represented in medical re- family or a friend or an acquaintance While we gained more support on this search protocols, yet are severely af- suffering from these ailments. vote than in the previous year, our fected by diseases, including breast To reiterate, Mr. President, I have amendment was again tabled by a vote cancer, ovarian cancer, osteoporosis, sought recognition today to submit a of 57 to 41. Not to be deterred, Senator and cardiovascular disorders. resolution to triple funding for the Na- HARKIN and I again went to work with Cancer remains a comprehensive tional Institutes of Health over a 10- our subcommittee and we were able to threat to any tissue or organ of a body year period beginning in 1999. add an addition $2 billion to the NIH at any age and remains a leading cause As chairman, and now ranking mem- account for fiscal year 1999. of morbidity and mortality. ber, of the Appropriations Sub- In fiscal year 2000, Senator HARKIN The extent of psychiatric and neuro- committee for Labor, Health and and I yet again offered another amend- logical diseases poses considerable Human Services, Education and Re- ment to the Budget Resolution to add challenges in understanding the work- lated Agencies, I have said many times $1.4 billion to the health accounts, over ings of the brain and nervous system. that the National Institutes of Health and above the $600 million increase Recent advances in the treatment of is the crown jewel of the Federal Gov- which had already been provided by the HIV illustrate the promise research ernment—perhaps the only jewel of the Budget Committee. Despite this holds for even more effective, acces- Federal Government. When I came to amendment’s defeat by a vote of 47 to sible, and affordable treatments for the Senate in 1981, NIH spending to- 52, we were able to provide a $2.3 billion persons with HIV, but at least 320,000 taled $3.6 billion. In fiscal year 2003, increase for NIH in the fiscal year 2000 Americans are now suffering from $27.1 billion is recommended by the appropriation’s bill.

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00101 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10732 CONGRESSIONAL RECORD — SENATE October 17, 2002 In fiscal year 2001, Senator HARKIN added to the spiritual weapon of their Jewish NIH appro- $Increase Percent in- and I yet again offered an amendment Fiscal year priation heritage; (in billions) (in billions) crease to the Budget Resolution to increase Whereas on the 20th anniversary of the funding for health programs by $1.6 bil- 2001 ...... 20.29 2.50 14.05 passing of the Jackson-Vanik Amendment, 2002 ...... 23.29 3.00 14.79 Ehud Olmert, the Mayor of Jerusalem, stat- lion. This amendment passed by a vote 2003 (Senate) ...... 27.20 3.70 15.89 ed that Henry Jackson was ‘‘a leader, a pace- of 55 to 45. This victory brought the 2004 ...... 29.50 2.30 8.45 2005 ...... 31.99 2.49 8.45 setter and an inspiration for all, who forced NIH increase to $2.7 billion for fiscal 2006 ...... 34.69 2.70 8.45 his will on the U.S. leadership and across the year 2001. However, after late night 2007 ...... 37.63 2.93 8.45 world’’; and 2008 ...... 40.81 3.18 8.45 conference negotiations with the Whereas October 4, 2002, marks the 30th an- House, the funding for NIH was cut by niversary of the introduction of the Jackson- Vanik Amendment: Now, therefore, be it $200 million below that amount. SENATE RESOLUTION 348—RECOG- Resolved, That the Senate— In fiscal year 2002, the budget resolu- NIZING SENATOR HENRY JACK- (1) recognizes Senator Henry M. Jackson tion once again fell short of the SON, COMMEMORATING THE 30TH for the introduction of the Jackson-Vanik amount necessary to achieve the NIH ANNIVERSARY OF THE INTRO- Amendment, a historic piece of legislation doubling. Senator HARKIN and I, along DUCTION OF THE JACKSON- that paved the way for millions of refugees with nine other Senators offered an to flee Communist oppression and hastened VANIK AMENDMENT, AND RE- the end of the Cold War; amendment to add an additional $700 AFFIRMING THE COMMITMENT million to the resolution to achieve our (2) commemorates the 30th anniversary of OF THE SENATE TO COMBAT the introduction of the Jackson-Vanik goal. The vote was 96 to 4. The Senate HUMAN RIGHTS VIOLATIONS Amendment; Labor-HHS Subcommittee reported a WORLDWIDE (3) reaffirms the commitment of the Sen- bill recommending $23.7 billion, an in- ate to combating human rights violations crease of $3.4 billion over the previous Mrs. MURRAY submitted the fol- and promoting tolerance and freedom year’s funding. But during conference lowing resolution; which was referred throughout former Communist nations and negotiations with the House, we fell to the Committee on Foreign Rela- worldwide; and short of that amount by $410 million. tions: (4) congratulates Mrs. Helen Jackson and That meant that in order to stay on a S. RES. 348 the Henry M. Jackson Foundation for continuing Senator Jackson’s vision and passion Whereas Henry M. Jackson served as the path to double NIH, we would need to for dialogue, understanding, and human free- Senator from the State of Washington from provide an increase of $3.7 billion in the dom. fiscal year appropriations bill. January 3, 1953, to September 1, 1983; The fiscal year 2003 bill, reported on Whereas Senator Jackson fought tirelessly, in spite of opposition from the execu- SENATE RESOLUTION 349—TO AU- July 22, 2002, by the Senate Appropria- tive branch, to expose human rights viola- THORIZE THE PRINTING OF A tions Committee, contained $3.7 billion tions in the former Soviet Union and to find REVISED EDITION OF THE SEN- which will complete our doubling ef- a way for Soviet Jews to worship freely; ATE RULES AND MANUAL fort. Whereas on October 4, 1972, Senator Jack- Mr. DODD submitted the following We have fought long and hard to son first introduced legislation that linked resolution; which was considered and achieve a doubling of the NIH research United States trade benefits, now known as agreed to: dollars, but until treatments and cures normal trade relations, to the emigration S. RES. 349 are found for the many maladies that and human rights policies of Communist or formerly Communist countries; Resolved, That (a) the Committee on Rules continue to plague our society, we Whereas Senator Jackson, in introducing and Administration shall prepare a revised must continue our fight. the legislation, stated ‘‘In moving as we are edition of the Senate Rules and Manual for I, like millions of Americans, have today we are giving birth to a bipartisan co- the use of the 108th Congress. benefited tremendously from the in- alition for freedom. It is the least we can (b) The manual shall be printed as a Senate vestment we have made in the National do.’’; document. Institutes of Health. That is why I Whereas Senator Jackson expressed the (c) In addition to the usual number of doc- importance of exposing the human rights sit- uments, 1,500 additional copies of the manual offer this resolution today—to call shall be bound of which— upon the Congress to triple the funding uation in the former Soviet Union by quoting Russian Nobel laureate Alexander (1) 500 paperbound copies shall be for the for the National Institutes of Health, Solzhenitzyn’s statement that ‘‘there are no use of the Senate; and so that we can continue to carry for- internal affairs left on our crowded earth’’; (2) 1000 copies shall be bound (550 ward the important research work of Whereas Senator Jackson’s legislation be- paperbound; 250 nontabbed black skiver; 200 the world’s premier medical research came known as the Jackson-Vanik Amend- tabbed black skiver) and delivered as may be facility. ment and was enacted into law on January 3, directed by the Committee on Rules and Ad- I ask that my colleagues join me in 1975, as title IV of the Trade Act of 1974; ministration. supporting this resolution. Whereas by highlighting human rights I yield the floor. abuses in the former Soviet Union and other SENATE RESOLUTION 350—EX- I ask unanimous consent that the Communist countries, the Jackson-Vanik PRESSING SYMPATHY FOR Amendment helped pave the way toward the THOSE MURDERED AND INJURED text of the resolution, together with a end of the Cold War, aided in the activation schedule which sets forth the progress IN THE TERRORIST ATTACK IN of United States’ and multilateral mecha- BALI, INDONESIA, ON OCTOBER necessary to achieve the tripling of the nisms to promote human rights globally, in- NIH funding over the allotted period, cluding the Helsinki Final Act, and re- 12, 2002, EXTENDING CONDO- LENCES TO THEIR FAMILIES, be printed in the RECORD. affirmed the role of Congress in formulating There being no objection, the mate- our Nation’s human rights policy; AND STANDING IN SOLIDARITY rial was ordered to be printed in the Whereas the Jackson-Vanik Amendment WITH AUSTRALIA IN THE FIGHT opened the door for over 1,000,000 Jews to RECORD, as follows: AGAINST TERRORISM emigrate from the former Soviet Union and Mrs. FEINSTEIN submitted the fol- In FY1998, the NIH appropriation was $13.6 its successor states; billion. In FY 2003, the Senate Committee Whereas since 1975, over 500,000 refugees lowing resolution; which was consid- mark is $27.2 billion. To achieve tripling, the from areas of the former Soviet Union, many ered and agreed to: FY 2008 level must be $40.81 billion. Achiev- of them Jews, have been resettled in the S. RES. 350 ing this goal will require the enactment of United States and over 1,000,000 Soviet Jews Whereas more than 180 innocent people the FY2003 NIH appropriation at the level of have immigrated to Israel; were murdered and at least 300 injured by a the Senate Committee Markup—$27.2 billion, Whereas former Soviet dissident and cur- cowardly and brutal terrorist bombing of a an increase of $3.7 billion over FY2002, and rent Israeli cabinet minister Natan nightclub in Bali, Indonesia, on October 12, increases of 8.45% per year for fiscal years Sharansky called the Jackson-Vanik Amend- 2002, the worst terrorist incident since Sep- 2004 to 2008. ment ‘‘the turning point not only in the exo- tember 11, 2001; dus of the Jews but in the ultimate victory Whereas those killed include two United NIH appro- Fiscal year priation $Increase Percent in- of the West over the Soviet Union in the States citizens, as well as citizens from Indo- (in billions) (in billions) crease Cold War’’; nesia, Germany, the United Kingdom, Can- Whereas Natan Sharansky also hailed the ada, and elsewhere but the vast majority of 1998 ...... $13.65 1999 ...... 15.60 1.95 14.28 Jackson-Vanik Amendment as a ‘‘historical those killed and injured were Australian, 2000 ...... 17.79 2.19 14.04 and practical weapon’’ for Zionists that with more than 119 Australians still missing;

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00102 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 17, 2002 CONGRESSIONAL RECORD — SENATE S10733 Whereas two American citizens are still SENATE RESOLUTION 352—TO AU- connection with the testimony and docu- missing; THORIZE REPRESENTATION BY ment production authorized in section one of Whereas this bloody attack appears to be THE SENATE LEGAL COUNSEL IN this resolution. part of an ongoing terror campaign by al- THE CASE OF JUDICIAL WATCH, Qaida, and strong evidence exists that sug- SENATE CONCURRENT RESOLU- gests the involvement of al-Qaida, together INC. V. WILLIAM JEFFERSON CLINTON, ET AL TION 154—EXPRESSING THE with Jemaah Islamiah, in this attack; and SENSE OF THE CONGRESS THAT Whereas the people of the United States Mr. DASCHLE (for himself and Mr. and Australia have developed a strong A COMMEMORATIVE POSTAGE LOTT) submitted the following resolu- STAMP SHOULD BE ISSUED HON- friendship based on mutual respect for de- tion; which was considered and agreed mocracy and freedom: Now, therefore, be it ORING GUNNERY SERGEANT to: JOHN BASILONE, A GREAT Resolved, That the Senate— S. RES. 352 (1) expresses its deepest condolences and AMERICAN HERO Whereas, in the case of Judicial Watch, sympathies to the families of the American Inc. v. William J. Clinton, et. al, No. 1:02–cv– Mr. CORZINE (for himself, Mrs. CLIN- victims, to the other families of those mur- 01633 (EGS), pending in the United States TON, and Mr. TORRICELLI) submitted dered and injured in this heinous attack, and District Court for the District of Columbia, the following concurrent resolution; to the people of Australia, Indonesia, Great the plaintiff has named as defendants cur- which was referred to the Committee Britain, Canada, and Germany; rent and former Senators, along with former on Governmental Affairs: (2) condemns in the strongest possible President William J. Clinton and several terms the vicious terrorist attacks of Octo- S. CON. RES. 154 Members of the House of Representatives; Whereas Gunnery Sergeant John Basilone ber 12, 2002, in Bali, Indonesia; Whereas, pursuant to section 703(a) and was born in 1916 in Buffalo, New York, son of (3) expresses the solidarity of the United 704(a)(1) of the Ethics in Government Act of Salvatore and Dora Basilone, one of 10 chil- States with Australia in our common strug- 1978, 2 U.S.C. §§ 288b(a) and 288c(a)(1), the dren; gle against terrorism; Senate may direct its counsel to defend Whereas John Basilone was raised and edu- (4) supports the Government of Australia Members of the Senate in civil actions relat- cated in Raritan, New Jersey; in its call for the al-Qaida-linked Jemaah ing to their official responsibilities: Now Whereas, at the age of 18, John Basilone Islamiah to be listed by the United Nations therefore, be it enlisted in the United States Army, prin- as a terrorist group; Resolved, That the Senate Legal (5) urges the Secretary of State to des- cipally seeing garrison service in the Phil- ignate Jemaah Islamiah as a foreign ter- Counsel is authorized to represent Sen- ippines; rorist organization; and ator Graham, former Senator Bryan, Whereas, after his honorable discharge in (6) calls on the Government of Indonesia to former Senator Robb, and any other 1937, Sergeant Basilone, known by his com- take every appropriate measure to bring to Senator who may be named as a de- rades as ‘‘Manila John’’, returned to Raritan; justice those responsible for this reprehen- fendant in the case of Judicial Watch, Whereas, seeing the storm clouds of war sible attack. Inc. v. William J. Clinton, et al., and hovering over the Nation, and believing that who requests representation by the his place was with this country’s fighting forces, Sergeant Basilone enlisted in the Senate Legal Counsel. United States Marine Corps in July 1940; SENATE RESOLUTION 351—CON- Whereas, on October 24 and 25, 1942, on DEMNING THE POSTING ON THE SENATE RESOLUTION 353—TO AU- Guadalcanal, Solomon Islands, Sergeant INTERNET OF VIDEO AND PIC- THORIZE TESTIMONY, DOCU- Basilone was a member of ‘‘C’’ Company, 1st TURES OF THE MURDER OF DAN- MENT PRODUCTION AND LEGAL Battalion, 7th Regiment, 1st Marine Divi- IEL PEARL AND CALLING ON REPRESENTATION IN UNITED sion, and was in charge of 2 sections of heavy SUCH VIDEO AND PICTURES TO STATES V. JOHN MURTARI machine guns defending a narrow pass that led to Henderson Airfield; BE REMOVED IMMEDIATELY Mr. DASCHLE (for himself and Mr. Whereas, although Sergeant Basilone and LOTT) submitted the following resolu- Mrs. BOXER (for herself and Mr. his machine gunners were vastly out- tion; which was considered and agreed numbered and without available reinforce- BROWNBACK) submitted the following to: ments, Sergeant Basilone and his fellow Ma- resolution; which was considered and S. RES. 353 rines fought valiantly to check the savage agreed to: and determined assault by the Japanese Im- Whereas, in the case of United States v. perial Army; S. RES. 351 John Murtari Crim. Act. No. 02–CR–369, pending in the United States District Court for Whereas, for this action, Sergeant Basilone Whereas Daniel Pearl, a reporter for the the Northern District of New York, testi- was awarded the Congressional Medal of Wall Street Journal, was murdered by ter- mony has been requested from Cathy Cal- Honor and sent home a hero; rorists following his abduction in Pakistan houn, an employee in the office of Senator Whereas, in December 1944, Sergeant on January 23, 2002; Hillary Rodham Clinton; Basilone’s restlessness to rejoin his fellow Marines, who were fighting the bloody is- Whereas video of Mr. Pearl’s gruesome Whereas, pursuant to sections 703(a) and land-to-island battles en route to the Phil- murder has been posted on web sites; 704(a)(2) of the Ethics in Government Act of 1978, 2 U.S.C. § § 288b(a) and 288c(a)(2), the ippines and Japan, prompted him to volun- Whereas this video was made by terrorists Senate may direct its counsel to represent teer again for combat; for anti-American propaganda purposes, in employees of the Senate with respect to any Whereas, on Iwo Jima, on February 19, an attempt to recruit new terrorists and to subpoena, order, or request for testimony re- 1945, Sergeant Basilone again distinguished spread a message of hate; lating to their official responsibilities; himself by single-handedly destroying an Whereas posting this video on web sites un- Whereas, by the privileges of the Senate of enemy blockhouse while braving heavy-cal- dermines efforts to fight terrorism through- the United States and Rule XI of the Stand- iber fire; out the world by glorifying such heinous ing Rules of the Senate, no evidence under Whereas, minutes later, an artillery shell acts; the control or in the possession of the Senate killed Sergeant Basilone and 4 of his platoon members; Whereas posting this video on web sites may, by the judicial or administrative proc- Whereas Sergeant Basilone was post- could invite more abductions and more mur- ess be taken from such control or possession humously awarded the Navy Cross and Pur- ders of innocent civilians by anti-American but by permission of the Senate; and ple Heart, and a life-sized bronze statue terrorists because of the attention these hei- Whereas, when it appears that evidence stands in Raritan, New Jersey, where ‘‘Ma- nous acts might gain from such posting; and under the control or in the possession of the Senate may promote the administration of nila John’’ is clad in battle dress and cradles Whereas posting this video on the Internet justice, the Senate will take such action as a machine gun in his arms; shows a complete and utter disrespect for will promote the ends of justice consistently Whereas, in 1949, the United States Gov- Mr. Pearl’s life and legacy and a complete with the privileges of the Senate: Now there- ernment commissioned a destroyer the and utter disregard for the respect of his fore, be it U.S.S. Basilone, and in November 1951, Gov- family: Now, therefore, be it Resolved, That Cathy Calhoun, and any ernor Alfred E. Driscoll posthumously Resolved, That the Senate— other employees of the Senate from whom awarded Sergeant Basilone the State of New testimony or document production is re- Jersey’s highest decoration; (1) calls on terrorist-produced murder quired, are authorized to testify and produce Whereas, following World War II, Sergeant video and pictures to be removed from all documents in the cases of United States v. Basilone’s remains were reinterred in the Ar- web sites immediately; and John Murtari, except concerning matters for lington National Cemetery; (2) encourages all web-site operators to re- which a privilege should be asserted. Whereas Sergeant Basilone was the first frain from placing any terrorist-produced SEC. 2. The Senate Legal Counsel if author- recipient of the Congressional Medal of murder videos and pictures on the Internet. ized to represent employees of the Senate in Honor awarded in World War II;

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00103 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10734 CONGRESSIONAL RECORD — SENATE October 17, 2002 Whereas Sergeant Basilone was also award- others facing daunting challenges in certain Inspector General agents engaged in ed the Navy Cross and the Purple Heart, giv- the midst of war. official duties and provide an oversight ing him the distinction of being the only en- For his courage under fire and pro- mechanism for the exercise of those powers. SA 4894. Mr. REID (for Mr. DODD) proposed listed Marine in World War II to receive all found patriotism, Basilone was the 3 medals; and an amendment to the bill S. 969, to establish Whereas commemorative postage stamps first enlisted Marine to be awarded the a Tick-Borne Disorders Advisory Committee, have been commissioned to honor other Congressional Medal of Honor in World and for other purposes. great heroes in American history: Now, War II. When he returned to the United SA 4895. Mr. REID (for Mr. ENSIGN (for therefore, be it States, he was heralded as a hero and himself, Mr. ALLARD, and Mr. ALLEN)) pro- Resolved by the Senate (the House of Rep- quickly sent on tour around the coun- posed an amendment to the bill S. 1998, to resentatives concurring), That it is the sense amend the Higher Education Act of 1965 with try to help finance the war through the respect to the qualifications of foreign of the Congress that— sale of war bonds. The Marine Corps of- (1) a commemorative postage stamp should schools. be issued by the United States Postal Serv- fered to commission Basilone as an of- SA 4896. Mr. REID (for Mr. BIDEN (for him- ice honoring Gunnery Sergeant John ficer and station him far away from the self and Mr. THURMOND)) proposed an amend- Basilone; and frontlines. ment to the bill S. 1868, to amend the Na- (2) the Citizens’ Stamp Advisory Com- But, Basilone was not interested in tional Child Protection Act of 1993, and for mittee should recommend to the Postmaster riding out the war in Washington, D.C. other purposes. SA 4897. Mr. REID (for Mr. SARBANES) pro- General that such a stamp be issued. He was quoted as saying, ‘‘I ain’t no of- posed an amendment to the bill S. 2239, to Mr. CORZINE. Mr. President, I rise ficer, and I ain’t no museum piece. I be- amend the National Housing Act to simplify today to submit a resolution calling on long back with my outfit.’’ In Decem- the downpayment requirements for FHA the United States Postal Service to ber 1944, he got his wish and returned mortgage insurance for single family home- issue a commemorative postage stamp to the frontlines. buyers. honoring an extraordinary American General Douglas MacArthur called f hero: Gunnery Sergeant John Basilone. him ‘‘a one-man army,’’ and on Feb- TEXT OF AMENDMENTS Basilone is the only person in Amer- ruary 19, 1945 at Iwo Jima, Basilone Mr. KERRY (for himself, Mr. ican history to be awarded both the once again lived up to that reputation. SA 4891. BROWNBACK, and Mr. HOLLINGS) sub- Congressional Medal of Honor and the Basilone destroyed an enemy strong- mitted an amendment intended to be Navy Cross. Only one USPS stamp has hold, a blockhouse on that small Japa- proposed by him to the bill S. 2869, to ever commemorated an individual Ma- nese island and commanded his young facilitate the ability of certain spec- rine, a stamp featuring John Phillip troops to move the heavy guns off the trum auction winners to pursue alter- Sousa; it bears noting that although beach. Unfortunately, less than two native measures required in the public Sousa was a Marine, he was not se- hours into the assault on that fateful interest to meet the needs of wireless lected for his service on the battlefield. day in February, Basilone and four of It is time to remember the tremendous telecommunications consumers; which his fellow marines were killed when was referred to the Committee on Com- sacrifice of at least one individual Ma- any enemy mortar shell exploded near- rine, John Basilone, an American Pa- merce, Science, and Transportation; as by. follows: triot. When Gunnery Sergeant John Strike out all after the enacting clause and John Basilone was raised in Raritan, Basilone died, he was only 27, but he New Jersey, one of ten children in a insert the following: had already earned the Congressional SECTION 1. RELIEF FROM CONTINUING OBLIGA- large Italian-American family. Soon Medal of Honor, the Navy Cross, the TIONS. after he turned 18, Basilone heeded the Purple Heart, and the appreciation of A winning bidder to which the Commission patriotic call and enlisted in the US his Nation. Basilone is a true American has not granted an Auction 35 license may Army. Basilone was immediately sent patriot whose legacy should be pre- irrevocably elect to relinquish any right, to the Philippines where he earned a served. title, or interest in that license and the associated license application by formal written nickname that would stick with him Now more than ever, the United for the rest of his career. ‘‘Manila notice to the Commission. Such an election States needs to honor and praise the may only be made within 30 days after the John.’’ courageous efforts put forth by the date of enactment of this Act. A winning bid- Following his tour of duty in 1937, men and woman of our military. I der that makes such an election shall be free Basilone returned to Raritan. But he strongly urge my colleagues to support of any obligation the winning bidder would wouldn’t stay there long. In July 1940— this resolution as an important mes- otherwise have with respect to that license, with much of Europe at war an the sage to our soldiers that we appreciate the associated license application, and the United States on the brink ‘‘Manila associated winning bid, including the obliga- and admire all of their efforts in the tion to pay the amount of its winning bid John’’ left New Jersey, enlisting in the war on terrorism. military once again, this time joining that would be otherwise due for such license. f SEC. 2. RETURN OF DEPOSITS AND the United States Marine Corps. DOWNPAYMENTS. On October 24, 1942, Basilone earned AMENDMENTS SUBMITTED & Within 37 days after receiving an election his Congressional Medal of Honor. He PROPOSED that meets the requirements of section 3 was sent to a position on the Tenaru from an Auction 35 winning bidder that has River at Guadalcanal and placed in SA 4891. Mr. KERRY (for himself, Mr. made the election described in section 1, the BROWNBACK, and Mr. HOLLINGS) submitted an Commission shall refund any deposit or command of two sections of heavy ma- amendment intended to be proposed by him chine guns. Sergeant Basilone and his down-payment made with respect to a win- to the bill S. 2869, to facilitate the ability of ning bidder for the license that is the subject men were charged with defending Hen- certain spectrum auction winners to pursue of the election. derson Airfield, an important Amer- alternative measures required in the public SEC. 3. COMMISSION TO ISSUE PUBLIC NOTICE. interest to meet the needs of wireless tele- ican foothold on the island. Although (a) PUBLIC NOTICE.—Within 5 days after the the Marine Contingent was vastly out- communications consumers; which was re- date of enactment of this Act, the Commis- numbered and without needed support, ferred to the Committee on Commerce, sion shall issue a public notice specifying the Basilone and his men successfully re- Science, and Transportation. form and the process for the return of depos- SA 4892. Mr. REID (for Mr. JEFFORDS (for its and downpayments under section 2. pelled a Japanese assault. Other sur- himself and Mr. SMITH of New Hampshire)) vivors reported that their success can (b) TIME FOR ELECTION.—An election under proposed an amendment to the bill H.R. 1070, this section is not valid unless it is made be attributed to one man: ‘‘Manila to amend the Federal Water Pollution Con- within 30 days after the date of enactment of John.’’ He crossed enemy lines to re- trol Act to authorize the Administrator of this Act. plenish a dangerously low stockpile of the Environmental Protection Agency to SEC. 4. WAIVER OF PAPERWORK REDUCTION ACT ammunition, repaired artillery pieces, carry out projects and conduct research for REQUIREMENTS. and steadied his troops in the midst of remediation of sediment contamination in Section 3507 of title 44, United States Code, torrential rain. He went several days areas of concern in the Great Lakes, and for shall not apply to the Commission’s imple- other purposes. and nights without food or sleep, and mentation of this Act. SA 4893. Mr. REID (for Mr. THOMPSON) pro- SEC. 5. NO INFERENCE WITH RESPECT TO the US military was able to carry the posed an amendment to the bill S. 2530, to NEXTWAVE CASE. day. His exploits became Marine lore, amend the Inspector General Act of 1978 (5 It is the sense of the Congress that no in- and served as a patriotic inspiration to U.S.C. App.) to establish police powers for ference with respect to any issue of law or

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fact in Federal Communications Commission v. ties of the Agency relating to oversight of ‘‘(F) MAINTENANCE OF EFFORT.—The Admin- NextWAVE Personal Communications, Inc., et Remedial Action Plans under— istrator may not carry out a project under al. (Supreme Court Docket No. 01–653) should ‘‘(i) this paragraph; and this paragraph unless the non-Federal spon- be drawn from the introduction, amendment, ‘‘(ii) the Great Lakes Water Quality Agree- sor enters into such agreements with the Ad- defeat, or enactment of this Act. ment.’’. ministrator as the Administrator may re- SEC. 6. DEFINITIONS. SEC. 103. REMEDIATION OF SEDIMENT CONTAMI- quire to ensure that the non-Federal sponsor In this Act: NATION IN AREAS OF CONCERN IN will maintain its aggregate expenditures THE GREAT LAKES. (1) AUCTION 35.—The term ‘‘Auction 35’’ from all other sources for remediation pro- Section 118(c) of the Federal Water Pollu- means the C and F block broadband personal grams in the area of concern in which the tion Control Act (33 U.S.C. 1268(c)) is amend- communications service spectrum auction of project is located at or above the average ed by adding at the end the following: the Commission that began on December 1, level of such expenditures in the 2 fiscal ‘‘(12) REMEDIATION OF SEDIMENT CONTAMINA- 2000, and ended on January 6, 2001, insofar as years preceding the date on which the TION IN AREAS OF CONCERN.— that auction related to spectrum previously project is initiated. ‘‘(A) IN GENERAL.—In accordance with this licensed to NextWave Personal Communica- ‘‘(G) COORDINATION.—In carrying out paragraph, the Administrator, acting tions, Inc., NextWave Power Partners, Inc., projects under this paragraph, the Adminis- through the Program Office, may carry out trator shall coordinate with the Secretary of or Urban Comm North Carolina, Inc. projects that meet the requirements of sub- OMMISSION.—The term ‘‘Commission’’ the Army, and with the Governors of States (2) C paragraph (B). means the Federal Communications Com- in which the projects are located, to ensure ‘‘(B) ELIGIBLE PROJECTS.—A project meets that Federal and State assistance for reme- mission or a bureau or division thereof act- the requirements of this subparagraph if the diation in areas of concern is used as effi- ing on delegated authority. project is to be carried out in an area of con- ciently as practicable. (3) WINNING BIDDER.—The term ‘‘winning cern located wholly or partially in the ‘‘(H) AUTHORIZATION OF APPROPRIATIONS.— bidder’’ means any person who is entitled United States and the project— ‘‘(i) IN GENERAL.—In addition to other under Commission order FCC 02–99 (released ‘‘(i) monitors or evaluates contaminated amounts authorized under this section, there March 27, 2002), to a refund of a substantial sediment; is authorized to be appropriated to carry out portion of monies on deposit for spectrum ‘‘(ii) subject to subparagraph (D), imple- this paragraph $50,000,000 for each of fiscal formerly licensed to NextWave and Urban ments a plan to remediate contaminated years 2004 through 2008. Comm as defined in that order. sediment; or ‘‘(ii) AVAILABILITY.—Funds made available ‘‘(iii) prevents further or renewed contami- under clause (i) shall remain available until SA 4892. Mr. REID (for Mr. JEFFORDS nation of sediment. expended. (for himself and Mr. SMITH of New ‘‘(C) PRIORITY.—In selecting projects to Hampshire)) proposed an amendment carry out under this paragraph, the Adminis- ‘‘(13) PUBLIC INFORMATION PROGRAM.— to the bill H.R. 1070, to amend the Fed- trator shall give priority to a project that— ‘‘(A) IN GENERAL.—The Administrator, acting through the Program Office and in co- eral Water Pollution Control Act to au- ‘‘(i) constitutes remedial action for contaminated sediment; ordination with States, Indian tribes, local thorize the Administrator of the Envi- governments, and other entities, may carry ronmental Protection Agency to carry ‘‘(ii)(I) has been identified in a Remedial Action Plan submitted under paragraph (3); out a public information program to provide out projects and conduct research for and information relating to the remediation of remediation of sediment contamina- ‘‘(II) is ready to be implemented; contaminated sediment to the public in tion in areas of concern in the Great ‘‘(iii) will use an innovative approach, areas of concern that are located wholly or Lakes, and for other purposes; as fol- technology, or technique that may provide partially in the United States. lows: greater environmental benefits, or equiva- ‘‘(B) AUTHORIZATION OF APPROPRIATIONS.— lent environmental benefits at a reduced There is authorized to be appropriated to Strike all after the enacting clause and in- cost; or carry out this paragraph $1,000,000 for each of sert the following: ‘‘(iv) includes remediation to be com- fiscal years 2004 through 2008.’’. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. menced not later than 1 year after the date SEC. 104. RELATIONSHIP TO FEDERAL AND (a) SHORT TITLE.—This Act may be cited as of receipt of funds for the project. STATE AUTHORITIES. the ‘‘Great Lakes and Lake Champlain Act ‘‘(D) LIMITATION.—The Administrator may Section 118(g) of the Federal Water Pollu- of 2002’’. not carry out a project under this paragraph tion Control Act (33 U.S.C. 1268(g)) is amend- (b) TABLE OF CONTENTS.—The table of con- for remediation of contaminated sediments ed— tents of this Act is as follows: located in an area of concern— (1) by striking ‘‘construed to affect’’ and Sec. 1. Short title; table of contents. ‘‘(i) if an evaluation of remedial alter- inserting the following: ‘‘construed— TITLE I—GREAT LAKES natives for the area of concern has not been ‘‘(1) to affect’’; (2) by striking the period at the end and in- Sec. 101. Short title. conducted, including a review of the short- serting ‘‘; or’’; and Sec. 102. Report on remedial action plans. term and long-term effects of the alter- (3) by adding at the end the following: Sec. 103. Remediation of sediment contami- natives on human health and the environ- ‘‘(2) to affect any other Federal or State nation in areas of concern in ment; or authority that is being used or may be used the Great Lakes. ‘‘(ii) if the Administrator determines that to facilitate the cleanup and protection of Sec. 104. Relationship to Federal and State the area of concern is likely to suffer signifi- the Great Lakes.’’. authorities. cant further or renewed contamination from Sec. 105. Authorization of appropriations. existing sources of pollutants causing sedi- SEC. 105. AUTHORIZATION OF APPROPRIATIONS. Sec. 106. Research and development pro- ment contamination following completion of Section 118(h) of the Federal Water Pollu- gram. the project. tion Control Act (33 U.S.C. 1268(h)) is amend- ‘‘(E) NON-FEDERAL SHARE.— ed— TITLE II—LAKE CHAMPLAIN ‘‘(i) IN GENERAL.—The non-Federal share of (1) by striking the second sentence; and Sec. 201. Short title. the cost of a project carried out under this (2) in the first sentence— Sec. 202. Lake Champlain Basin Program. paragraph shall be at least 35 percent. (A) by striking ‘‘not to exceed $11,000,000’’ TITLE III—MISCELLANEOUS ‘‘(ii) IN-KIND CONTRIBUTIONS.—The non-Fed- and inserting ‘‘not to exceed— Sec. 301. Phase II storm water program. eral share of the cost of a project carried out ‘‘(1) $11,000,000’’; Sec. 302. Preservation of reporting require- under this paragraph may include the value (B) by striking the period at the end and ments. of in-kind services contributed by a non-Fed- inserting a semicolon; and Sec. 303. Repeal. eral sponsor. (C) by adding at the end the following: Sec. 304. Cross Harbor Freight Movement ‘‘(iii) NON-FEDERAL SHARE.—The non-Fed- ‘‘(2) such sums as are necessary for each of Project EIS, New York City. eral share of the cost of a project carried out fiscal years 1992 through 2003; and under this paragraph— ‘‘(3) $25,000,000 for each of fiscal years 2004 TITLE I—GREAT LAKES ‘‘(I) may include monies paid pursuant to, through 2008.’’. SEC. 101. SHORT TITLE. or the value of any in-kind service performed SEC. 106. RESEARCH AND DEVELOPMENT PRO- This title may be cited as the ‘‘Great under, an administrative order on consent or GRAM. Lakes Legacy Act of 2002’’. judicial consent decree; but (a) IN GENERAL.—In coordination with SEC. 102. REPORT ON REMEDIAL ACTION PLANS. ‘‘(II) may not include any funds paid pursu- other Federal, State, and local officials, the Section 118(c)(3) of the Federal Water Pol- ant to, or the value of any in-kind service Administrator of the Environmental Protec- lution Control Act (33 U.S.C. 1268(c)(3)) is performed under, a unilateral administrative tion Agency may conduct research on the de- amended by adding at the end the following: order or court order. velopment and use of innovative approaches, ‘‘(E) REPORT.—Not later than 1 year after ‘‘(iv) OPERATION AND MAINTENANCE.—The technologies, and techniques for the remedi- the date of enactment of this subparagraph, non-Federal share of the cost of the operation of sediment contamination in areas of the Administrator shall submit to Congress ation and maintenance of a project carried concern that are located wholly or partially a report on such actions, time periods, and out under this paragraph shall be 100 per- in the United States. resources as are necessary to fulfill the du- cent. (b) AUTHORIZATION OF APPROPRIATIONS.—

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(1) IN GENERAL.—In addition to amounts ‘‘(A) any department or agency of the Fed- the Federal Water Pollution Control Act (33 authorized under other laws, there is author- eral Government or any State government; U.S.C. 1375). ized to be appropriated to carry out this sec- or (b) OTHER REPORTS.— tion $3,000,000 for each of fiscal years 2004 ‘‘(B) any international organization or en- (1) IN GENERAL.—Effective November 10, through 2008. tity related to Lake Champlain created by 1998, section 501 of the Federal Reports (2) AVAILABILITY.—Funds appropriated treaty or memorandum to which the United Elimination Act of 1998 (Public Law 105–362; under paragraph (1) shall remain available States is a signatory; 112 Stat. 3283) is amended by striking sub- until expended. ‘‘(2) provides new regulatory authority for sections (a), (b), (c), and (d). TITLE II—LAKE CHAMPLAIN the Environmental Protection Agency; or (2) APPLICABILITY.—The Federal Water Pol- ‘‘(3) affects section 304 of the Great Lakes SEC. 201. SHORT TITLE. lution Control Act (33 U.S.C. 1254(n)(3)) shall Critical Programs Act of 1990 (Public Law This title may be cited as the ‘‘Daniel Pat- be applied and administered on and after the 101–596; 33 U.S.C. 1270 note).’’; and rick Moynihan Lake Champlain Basin Pro- date of enactment of this Act as if the (8) in subsection (i)— gram Act of 2002’’. amendments made by subsections (a), (b), (A) by striking ‘‘section $2,000,000’’ and in- (c), and (d) of section 501 of the Federal Re- SEC. 202. LAKE CHAMPLAIN BASIN PROGRAM. serting ‘‘section— Section 120 of the Federal Water Pollution ports Elimination Act of 1998 (Public Law ‘‘(1) $2,000,000’’; 105–362; 112 Stat. 3283) had not been enacted. Control Act (33 U.S.C. 1270) is amended— (B) by striking the period at the end and (1) by striking the section heading and all inserting a semicolon; and SEC. 303. REPEAL. that follows through ‘‘There is established’’ (C) by adding at the end the following: Title VII of Public Law 105–78 (20 U.S.C. 50 in subsection (a) and inserting the following: ‘‘(2) such sums as are necessary for each of note; 111 Stat. 1524) (other than section 702) ‘‘SEC. 120. LAKE CHAMPLAIN BASIN PROGRAM. fiscal years 1996 through 2003; and is repealed. ‘‘(a) ESTABLISHMENT.— ‘‘(3) $11,000,000 for each of fiscal years 2004 SEC. 304. CROSS HARBOR FREIGHT MOVEMENT ‘‘(1) IN GENERAL.—There is established’’; through 2008.’’. PROJECT EIS, NEW YORK CITY. (2) in subsection (a) (as amended by para- TITLE III—MISCELLANEOUS Section 1602 of the Transportation Equity graph (1)), by adding at the end the fol- Act for the 21st Century (112 Stat. 305) is lowing: SEC. 301. PHASE II STORM WATER PROGRAM. Notwithstanding any other provision of amended in item number 1320 of the table by ‘‘(2) IMPLEMENTATION.—The Adminis- law, for fiscal year 2003, funds made available striking ‘‘Reconstruct 79th Street Traffic trator— Circle, New York City’’ and inserting ‘‘Cross ‘‘(A) may provide support to the State of to a State to carry out nonpoint source management programs under section 319 of the Harbor Freight Movement Project EIS, New Vermont, the State of New York, and the Federal Water Pollution Control Act (33 York City’’. New England Interstate Water Pollution U.S.C. 1329) may, at the option of the State, Control Commission for the implementation SEC. 305. CENTER FOR BROWNFIELDS EXCEL- be used to carry out projects and activities LENCE. of the Lake Champlain Basin Program; and in the State relating to the development or ‘‘(B) shall coordinate actions of the Envi- (a) IN GENERAL.—To demonstrate the implementation of phase II of the storm transfer of technology and expertise from ronmental Protection Agency under subpara- water program of the Environmental Protec- graph (A) with the actions of other appro- the Federal Government to the private section Agency established by the rule entitled tor, and to demonstrate the effectiveness of priate Federal agencies.’’; ‘‘National Pollutant Discharge Elimination (3) in subsection (d), by striking ‘‘(1)’’; the reuse by the private sector of properties System—Regulations for Revision of the and assets that Federal Government, has de- (4) in subsection (e)— Water Pollution Control Program Addressing (A) in paragraph (1), by striking ‘‘(here- termined, through applicable statutes and Storm Water Discharges’’, promulgated by processes, that it no longer needs. The Ad- after in this section referred to as the the Administrator of the Environmental ‘Plan’)’’; and ministrator of the Environmental Protection Protection Agency on December 8, 1999 (64 Agency shall make a grant to not less than (B) in paragraph (2)— Fed. Reg. 68722). (i) in subparagraph (D), by striking ‘‘and’’ one eligible sponsor to establish and operate SEC. 302. PRESERVATION OF REPORTING RE- a center for brownfields excellence. at the end; QUIREMENTS. (b) RESPONSIBILITIES OF CENTER.—The re- (ii) in subparagraph (E), by striking the pe- (a) IN GENERAL.—Section 3003(a)(1) of the sponsibilities of a center established under riod at the end and inserting ‘‘; and’’; and Federal Reports Elimination and Sunset Act (iii) by adding at the end the following: of 1995 (31 U.S.C. 1113 note; Public Law 104– this section shall include the transfer of ‘‘(F) be reviewed and revised, as necessary, 66) does not apply to any report required to technology and expertise in the redevelop- at least once every 5 years, in consultation be submitted under any of the following pro- ment of abandoned or underutilized property with the Administrator and other appro- visions of law: that may have environmental contamination priate Federal agencies.’’; (1) EFFECTS OF POLLUTION ON ESTUARIES OF and the dissemination of information regard- (5) in subsection (f)— THE UNITED STATES.—Section 104(n)(3) of the ing successful models for such redevelop- (A) in paragraph (1), by striking ‘‘the Man- Federal Water Pollution Control Act (33 ment. agement Conference,’’ and inserting ‘‘par- U.S.C. 1254(n)(3)). (c) PRIORITY.—In carrying out this section, ticipants in the Lake Champlain Basin Pro- (2) IMPLEMENTATION OF GREAT LAKES WATER the Administrator shall give priority consid- gram,’’; and QUALITY AGREEMENT OF 1978.—Section eration to a grant application submitted by (B) in paragraph (2), by striking ‘‘develop- 118(c)(10) of the Federal Water Pollution an eligible sponsor that meets the following ment of the Plan’’ and all that follows and Control Act (33 U.S.C. 1268(c)(10)). criteria: inserting ‘‘development and implementation (3) COMPREHENSIVE CONSERVATION AND MAN- (1) Demonstrated ability to facilitate the of the Plan.’’; AGEMENT PLAN FOR LONG ISLAND SOUND.—Sec- return of property that may have environ- (6) in subsection (g)— tion 119(c)(7) of the Federal Water Pollution mental contamination to productive use. (A) by striking ‘‘(g)’’ and all that follows Control Act (33 U.S.C. 1269(c)(7)). (2) Demonstrated ability to facilitate pub- through ‘‘the term’’ and inserting the fol- (4) LEVEL B PLAN ON ALL RIVER BASINS.— lic-private partnerships and regional co- lowing: Section 209(b) of the Federal Water Pollution operation. ‘‘(g) DEFINITIONS.—In this section: Control Act (33 U.S.C. 1289(b)). (3) Capability to provide leadership in ‘‘(1) LAKE CHAMPLAIN BASIN PROGRAM.—The (5) STATE REPORTS ON WATER QUALITY OF making both national and regional contribu- term ‘Lake Champlain Basin Program’ ALL NAVIGABLE WATERS.—Section 305(b) of tions to addressing the problem of underuti- means the coordinated efforts among the the Federal Water Pollution Control Act (33 lized or abandoned properties. Federal Government, State governments, U.S.C. 1315(b)). (4) Demonstrated ability to work with Fed- and local governments to implement the (6) EXEMPTIONS FROM WATER POLLUTION eral departments and agencies to facilitate Plan. CONTROL REQUIREMENTS FOR EXECUTIVE AGEN- reuse by the private sector of properties and ‘‘(2) LAKE CHAMPLAIN DRAINAGE BASIN.—The CIES.—Section 313(a) of the Federal Water assets no longer needed by the Federal Gov- term’’; Pollution Control Act (33 U.S.C. 1323(a)). ernment. (B) in paragraph (2) (as designated by sub- (7) STATUS OF WATER QUALITY IN UNITED (5) Demonstrated ability to foster tech- paragraph (A))— STATES LAKES.—Section 314(a) of the Federal nology transfer. (i) by inserting ‘‘Hamilton,’’ after ‘‘Frank- Water Pollution Control Act (33 U.S.C. (d) ELIGIBLE SPONSOR DEFINED.—In this lin,’’; and 1324(a)). section, the term ‘‘eligible sponsor’’ means a (ii) by inserting ‘‘Bennington,’’ after ‘‘Rut- (8) NATIONAL ESTUARY PROGRAM ACTIVI- regional nonprofit community redevelop- land,’’; and TIES.—Section 320(j)(2) of the Federal Water ment organization assisting an area that— (C) by adding at the end the following: Pollution Control Act (33 U.S.C. 1330(j)(2)). (1) has lost jobs due to the closure of a pri- ‘‘(3) PLAN.—The term ‘Plan’ means the (9) REPORTS ON CONTRACTS ENTERED INTO vate sector or Federal installation; and plan developed under subsection (e).’’; RELATING TO PROCUREMENT FROM VIOLATORS (2) as a result, has an underemployed work- (7) by striking subsection (h) and inserting OF WATER QUALITY STANDARDS.—Section force and underutilized or abandoned prop- the following: 508(e) of the Federal Water Pollution Control erties. ‘‘(h) NO EFFECT ON CERTAIN AUTHORITY.— Act (33 U.S.C. 1368(e)). (e) AUTHORIZATION OF APPROPRIATIONS.— Nothing in this section— (10) NATIONAL REQUIREMENTS AND COSTS OF There is authorized to be appropriated to ‘‘(1) affects the jurisdiction or powers of— WATER POLLUTION CONTROL.—Section 516 of carry out this section $1,000,000.

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00106 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 17, 2002 CONGRESSIONAL RECORD — SENATE S10737 SEC. 206. Louisiana Highway 1026 Project, Lou- (7) Persistence of symptomatology in many mit to Congress a report on the activities isiana. patients without reliable testing makes carried out under this Act. Section 1602 of the Transportation Equity treatment of patients more difficult. (2) CONTENT.—Such reports shall describe— Act for the 21st Century (112 Stat. 272) is SEC. 2. ESTABLISHMENT OF A TICK-BORNE DIS- (A) progress in the development of accu- amended in item number 426 of the table by ORDERS ADVISORY COMMITTEE. rate diagnostic tools that are more useful in striking ‘‘Louisiana Highway 16’’ and insert- (a) ESTABLISHMENT OF COMMITTEE.—Not the clinical setting; and ing the following: ‘‘Louisiana Highway 1026.’’ later than 180 days after the date of enact- (B) the promotion of public awareness and ment of this Act, there shall be established physician education initiatives to improve SA 4893. Mr. REID (for Mr. THOMP- an advisory committee to be known as the the knowledge of health care providers and SON) proposed an amendment to the Tick-Borne Disorders Advisory Committee the public regarding clinical and surveil- bill S. 2530, to amend the Inspector (referred to in this Act as the ‘‘Committee’’) lance practices for Lyme disease and other General Act of 1978 (5 U.S.C. App.) to organized in the Office of the Secretary. tick-borne disorders. establish police powers for certain In- (b) DUTIES.—The Committee shall advise (i) AUTHORIZATION OF APPROPRIATIONS.— spector General agents engaged in offi- the Secretary and Assistant Secretary of There is authorized to be appropriated to Health regarding how to— carry out this Act, $250,000 for each of fiscal cial duties and provide an oversight (1) assure interagency coordination and years 2003 and 2004. Amounts appropriated mechanism for the exercise of those communication and minimize overlap re- under this subsection shall be used for the powers; as follows: garding efforts to address tick-borne dis- expenses and per diem costs incurred by the On page 4, strike lines 15 through 22, and orders; Committee under this section in accordance insert the following: (2) identify opportunities to coordinate ef- with the Federal Advisory Committee Act (5 ‘‘(5)(A) Powers authorized for an Office of forts with other Federal agencies and private U.S.C. App.), except that no voting member Inspector General under paragraph (1) may organizations addressing tick-borne dis- of the Committee shall be a permanent sala- be rescinded or suspended upon a determina- orders; and ried employee. tion by the Attorney General that any of the (3) develop informed responses to constitu- SEC. 3. AUTHORIZATION FOR RESEARCH FUND- requirements under paragraph (2) is no ency groups regarding the Department of ING. longer satisfied or that the exercise of au- Health and Human Services’ efforts and There are authorized to be appropriated thorized powers by that Office of Inspector progress. $10,000,000 for each of fiscal years 2003 General has not complied with the guidelines (c) MEMBERSHIP.— through 2007 to provide for research and educational activities concerning Lyme disease promulgated by the Attorney General under (1) APPOINTED MEMBERS.— and other tick-borne disorders, and to carry paragraph (4). (A) IN GENERAL.—The Secretary of Health ‘‘(B) Powers authorized to be exercised by and Human Services shall appoint voting out efforts to prevent Lyme disease and other tick-borne disorders. any individual under paragraph (1) may be members to the Committee from among the rescinded or suspended with respect to that following member groups: SEC. 4. GOALS. individual upon a determination by the At- (i) Scientific community members. It is the sense of the Senate that, in car- torney General that such individual has not (ii) Representatives of tick-borne disorder rying out this Act, the Secretary of Health and Human Services (referred to in this sec- complied with guidelines promulgated by the voluntary organizations. tion as the ‘‘Secretary’’), acting as appro- Attorney General under paragraph (4). (iii) Health care providers. priate in consultation with the Director of (iv) Patient representatives who are indi- the Centers for Disease Control and Preven- SA 4894. Mr. REID (for Mr. DODD) viduals who have been diagnosed with tick- proposed an amendment to the bill S. tion, the Director of the National Institutes borne illnesses or who have had an imme- of Health, the Committee, and other agen- 969, to establish a Tick-Borne Disorders diate family member diagnosed with such ill- cies, should consider carrying out the fol- Advisory Committee, and for other ness. lowing: purposes; as follows: (v) Representatives of State and local (1) FIVE-YEAR PLAN.—It is the sense of the health departments and national organiza- Strike all after the enacting clause and in- Senate that the Secretary should consider tions who represent State and local health sert the following: the establishment of a plan that, for the five professionals. SECTION 1. FINDINGS. fiscal years following the date of the enact- (B) REQUIREMENT.—The Secretary shall en- Congress makes the following findings: ment of this Act, provides for the activities sure that an equal number of individuals are (1) Lyme disease is a common but fre- to be carried out during such fiscal years to- appointed to the Committee from each of the quently misunderstood illness that, if not ward achieving the goals under paragraphs member groups described in clauses (i) caught early and treated properly, can cause (2) through (4). The plan should, as appro- through (v) of subparagraph (A). serious health problems. priate to such goals, provide for the coordi- (2) EX OFFICIO MEMBERS.—The Committee (2) Lyme disease is a bacterial infection nation of programs and activities regarding shall have nonvoting ex officio members de- that is transmitted by a tick bite. Early Lyme disease and other tick-borne disorders termined appropriate by the Secretary. signs of infection may include a rash and flu- that are conducted or supported by the Fed- (d) CO-CHAIRPERSONS.—The Assistant Sec- eral Government. like symptoms such as fever, muscle aches, retary of Health shall serve as the co-chair- headaches, and fatigue. (2) FIRST GOAL: DIAGNOSTIC TEST.—The goal person of the Committee with a public co- described in this paragraph is to develop a (3) Although Lyme disease can be treated chairperson chosen by the members de- with antibiotics if caught early, the disease diagnostic test for Lyme disease and other scribed under subsection (c). The public co- tick-borne disorders for use in clinical test- often goes undetected because it mimics chairperson shall serve a 2-year term and re- other illnesses or may be misdiagnosed. Un- ing. tain all voting rights. (3) SECOND GOAL: SURVEILLANCE AND RE- treated, Lyme disease can lead to severe (e) TERM OF APPOINTMENT.—All members heart, neurological, eye, and joint problems PORTING OF LYME DISEASE AND OTHER TICK- shall be appointed to serve on the Committee BORNE DISORDERS.—The goal described in this because the bacteria can affect many dif- for 4 year terms. ferent organs and organ systems. paragraph is to accurately determine the (f) VACANCY.—If there is a vacancy on the prevalence of Lyme disease and other tick- (4) If an individual with Lyme disease does Committee, such position shall be filled in borne disorders in the United States. not receive treatment, such individual can the same manner as the original appoint- (4) THIRD GOAL: PREVENTION OF LYME DIS- develop severe heart, neurological, eye, and ment. Any member appointed to fill a va- EASE AND OTHER TICK-BORNE DISORDERS.—The joint problems. cancy for an unexpired term shall be ap- goal described in this paragraph is to develop (5) Although Lyme disease accounts for 90 pointed for the remainder of that term. the capabilities at the Department of Health percent of all vector-borne infections in the Members may serve after the expiration of and Human Services to design and imple- United States, the ticks that spread Lyme their terms until their successors have taken ment improved strategies for the prevention disease also spread other disorders, such as office. and control of Lyme disease and other tick- ehrlichiosis, babesiosis, and other strains of (g) MEETINGS.—The Committee shall hold borne diseases. Such diseases may include Borrelia. All of these diseases in 1 patient public meetings, except as otherwise deter- Masters’ disease, ehrlichiosis, babesiosis, makes diagnosis and treatment more dif- mined by the Secretary, giving notice to the other bacterial, viral and rickettsial diseases ficult. public of such, and meet at least twice a year such as tularemia, tick-borne encephalitis, (6) Although tick-borne disease cases have with additional meetings subject to the call Rocky Mountain Spotted Fever, and been reported in 49 States and the District of of the co-chairpersons. Agenda items can be bartonella, respectively. Columbia, about 90 percent of the 15,000 cases added at the request of the Committee mem- have been reported in the following 10 bers, as well as the co-chairpersons. Meet- SA 4895. Mr. REID (for Mr. ENSIGN States: Connecticut, Pennsylvania, New ings shall be conducted, and records of the (for himself, Mr. ALLARD, and Mr. York, New Jersey, Rhode Island, Maryland, proceedings kept as required by applicable ALLEN)) proposed an amendment to the Massachusetts, Minnesota, Delaware, and laws and Departmental regulations. Wisconsin. Studies have shown that the ac- (h) REPORTS.— bill S. 1998, to amend the Higher Edu- tual number of tick-borne disease cases are (1) IN GENERAL.—Not later than 24 months cation Act of 1965 with respect to the approximately 10 times the amount reported after the date of enactment of this Act, and qualifications of foreign schools; as fol- due to poor surveillance of the disease. annually thereafter, the Secretary shall sub- lows:

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00107 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10738 CONGRESSIONAL RECORD — SENATE October 17, 2002 Strike all after the enacting clause and in- history background check requests from ‘‘SEC. 6. DISSEMINATION OF INFORMATION. sert the following: qualified entities; and ‘‘Notwithstanding any other provision of SECTION 1. FOREIGN SCHOOL ELIGIBILITY. ‘‘(D) the designation of the qualified enti- law, the Attorney General and authorized (a) IN GENERAL.—Section 102(a)(2)(A) of the ties that shall submit background check re- agencies of States may disseminate criminal Higher Education Act of 1965 (20 U.S.C. quests to an authorized agency; history background check record informa- 1002(a)(2)(A)) is amended to read as follows: ‘‘(10B) the term ‘routinely’ means— tion to a qualified entity. ‘‘(A) IN GENERAL.—For the purpose of ‘‘(A) instances where 85 percent or more of ‘‘SEC. 7. OFFICE FOR VOLUNTEER AND PROVIDER qualifying as an institution under paragraph nationwide background check requests are SCREENING. (1)(C), the Secretary shall establish criteria returned to qualified entities within 20 busi- ‘‘(a) IN GENERAL.—The Attorney General by regulation for the approval of institutions ness days; or shall establish an Office for Volunteer and outside the United States and for the deter- ‘‘(B) instances where 90 percent or more of Provider Screening (referred to in this Act as mination that such institutions are com- nationwide background check requests are the ‘Office’) which shall serve as a point of parable to an institution of higher education returned to qualified entities within 30 busi- contact for qualified entities to request a na- as defined in section 101 (except that a grad- ness days; and’’. tional criminal background check pursuant uate medical school, or a veterinary school, SEC. 3. STRENGTHENING AND ENFORCING THE to section 3(a)(3). located outside the United States shall not NATIONAL CHILD PROTECTION ACT ‘‘(b) MODEL GUIDELINES.—The Office shall be required to meet the requirements of sec- AND THE VOLUNTEERS FOR CHIL- provide model guidelines concerning stand- DREN ACT. tion 101(a)(4)). Such criteria shall include a ards to guide qualified entities in making requirement that a student attending such Section 3 of the National Child Protection Act of 1993 (42 U.S.C. 5119a) is amended— fitness determinations regarding care pro- school outside the United States is ineligible (1) in subsection (a)— viders based upon the criminal history for loans made, insured, or guaranteed under (A) in paragraph (1)— record information of those providers.’’. part B of title IV unless— (i) by striking ‘‘A State may’’ and insert- SEC. 5. FEES. ‘‘(i) in the case of a graduate medical ing the following: ‘‘REQUEST.—A State may’’; Section 3(e) of the National Child Protec- school located outside the United States— (ii) by inserting after ‘‘procedures’’ the fol- tion Act of 1993 (42 U.S.C. 5119a(e)) is amend- ‘‘(I)(aa) at least 60 percent of those en- lowing: ‘‘meeting the guidelines set forth in ed— rolled in, and at least 60 percent of the grad- subsection (b)’’; (1) by striking ‘‘In the case’’ and inserting uates of, the graduate medical school outside (iii) by inserting after ‘‘regulation)’’ the the following: the United States were not persons described following: ‘‘or a qualified State program’’; ‘‘(1) IN GENERAL.—In the case’’; and in section 484(a)(5) in the year preceding the and (2) by adding at the end the following: year for which a student is seeking a loan (iv) by striking ‘‘convicted of’’ and all that ‘‘(2) VOLUNTEER WITH QUALIFIED ENTITY.—In under part B of title IV; and follows through the period and inserting the case of a national criminal fingerprint ‘‘(bb) at least 60 percent of the individuals ‘‘convicted of, or is under pending arrest or background check conducted pursuant to who were students or graduates of the grad- indictment for, a crime that renders the pro- section 3(a)(3) on a person who volunteers uate medical school outside the United vider unfit to provide care to children, the with a qualified entity, the fee collected by States or Canada (both nationals of the elderly, or individuals with disabilities.’’; the Federal Bureau of Investigation shall not United States and others) taking the exami- (B) in paragraph (2)— exceed $5. nations administered by the Educational (i) by striking ‘‘The authorized agency’’ ‘‘(3) PROVIDER.—In the case of a national Commission for Foreign Medical Graduates and inserting the following: ‘‘RESPONSE.— criminal fingerprint background check on a received a passing score in the year pre- The authorized agency’’; provider who is employed by or applies for a ceding the year for which a student is seek- (ii) by striking ‘‘make reasonable efforts position with a qualified entity, the fee col- ing a loan under part B of title IV; or to’’; lected by the Federal Bureau of Investiga- ‘‘(II) the institution has a clinical training (iii) by striking ‘‘15’’ and inserting ‘‘20’’; tion shall not exceed $18.’’. program that was approved by a State as of and SEC. 6. STRENGTHENING STATE FINGERPRINT January 1, 1992; or (iv) by adding at the end the following: TECHNOLOGY. ‘‘(ii) in the case of a veterinary school lo- ‘‘The Attorney General shall respond to the (a) ESTABLISHMENT OF MODEL PROGRAM IN cated outside the United States that does inquiry of the State authorized agency with- EACH STATE TO STRENGTHEN CRIMINAL DATA not meet the requirements of section in 15 business days of the request. A State is REPOSITORIES AND FINGERPRINT TECH- 101(a)(4), the institution’s students complete not in violation of this section if the Attor- NOLOGY.—The Attorney General shall estab- their clinical training at an approved veteri- ney General fails to respond to the inquiry lish a model program in each State and the nary school located in the United States.’’. within 15 business days of the request.’’; and District of Columbia for the purpose of im- (b) EFFECTIVE DATE.—This Act and the (C) by striking paragraph (3), and inserting proving fingerprinting technology which amendments made by this Act shall be effec- the following: shall grant to each State funds to either— tive as if enacted on October 1, 1998. ‘‘(3) ABSENCE OF QUALIFIED STATE PRO- (1) purchase Live-Scan fingerprint tech- SA 4896. Mr. REID (for Mr. BIDEN (for GRAM.— nology and a State-vehicle to make such ‘‘(A) REQUEST.—Not later than 12 months himself and Mr. THURMOND)) proposed technology mobile and these mobile units after the date of enactment of the National an amendment to the bill S. 1868, to shall be used to travel within the State to Child Protection and Volunteers for Children assist in the processing of fingerprint back- amend the National Child Protection Improvement Act of 2002, a qualified entity ground checks; or Act of 1993, and for other purposes; as doing business in a State that does not have (2) purchase electric fingerprint imaging follows: a qualified State program may request a na- machines for use throughout the State to Strike all after the enacting clause and in- tional criminal background check from the send fingerprint images to the Attorney Gen- sert the following: Attorney General for the purpose of deter- eral to conduct background checks. SECTION 1. SHORT TITLE. mining whether a provider has been con- (b) ADDITIONAL FUNDS.—In addition to This Act may be cited as the ‘‘National victed of, or is under pending arrest or in- funds provided in subsection (a), funds shall Child Protection and Volunteers for Children dictment for, a crime that renders the pro- be provided to each State and the District of Improvement Act of 2002’’. vider unfit to provide care to children, the Columbia to hire personnel to provide infor- SEC. 2. DEFINITIONS. elderly, or individuals with disabilities. mation and training to each county law en- Section 5 of the National Child Protection ‘‘(B) REVIEW AND RESPONSE.—The Attorney forcement agency within the State regarding Act of 1993 (42 U.S.C. 5119c) is amended— General shall respond to the request of a all requirements for input of criminal and (1) in paragraph (10), by striking ‘‘and’’ at qualified entity made under subparagraph disposition data into the national criminal the end; and (A) not later than 20 business days after the history background check system under the (2) by inserting after paragraph (10) the fol- request is made.’’; and National Child Protection Act of 1993 (42 lowing: (2) in subsection (b)— U.S.C. 5119 et seq.). ‘‘(10A) the term ‘qualified State program’ (A) in paragraph (4), by striking ‘‘shall (c) FUNDING ELIGIBILITY.—States with a means the policies and procedures referred make’’ and inserting ‘‘may make’’; and qualified State program shall be eligible for to in section 3(a)(1) of a State that are in (B) in paragraph (5)— not more than $2,000,000 under this section. place in order to implement this Act, includ- (i) by inserting after ‘‘qualified entity’’ the (d) AUTHORIZATION OF APPROPRIATIONS.— ing policies and procedures that require— following: ‘‘or by a State authorized agency (1) IN GENERAL.—There is authorized to be ‘‘(A) requests for national criminal history that disseminates criminal history records appropriated to carry out this section sums background checks to be routinely returned information directly to qualified entities’’; sufficient to improve fingerprint technology to a qualified entity not later than 20 busi- and units and hire data entry improvement per- ness days after the date on which the request (ii) by striking ‘‘pursuant to subsection sonnel in each of the 50 States and the Dis- was made; (a)(3)’’. trict of Columbia for each of fiscal years 2004 ‘‘(B) authorized agencies to charge not SEC. 4. DISSEMINATION OF INFORMATION. through 2008. more than $18 for State background checks; The National Child Protection Act of 1993 (2) AVAILABILITY.—Sums appropriated in ‘‘(C) the designation of the authorized (42 U.S.C. 5119 et seq.) is amended by adding accordance with this section shall remain agencies that may receive national criminal at the end the following: available until expended.

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PRIVACY PROTECTIONS. by the Federal Reserve Board for purposes of (b) by striking ‘‘; and except that’’ and all (a) INFORMATION.—Information derived as a the above-described HOEPA adjustment. that follows through and including ‘‘in this result of a national criminal fingerprint (b) The Federal Reserve Board on a timely clause’’ and inserting in lieu thereof: ‘‘; (B) background check request under section 3 of basis shall notify the Secretary, or his des- the Secretary may, by regulation, increase the National Child Protection Act of 1993 (42 ignee, in writing of the adjustment described any of the dollar amount limitations in para- U.S.C. 5119a) shall not be adjusted, deleted, in paragraph (a) and of the effective date of graph (A) (as such limitations may have been or altered in any way except as required by such adjustment in order to permit the Sec- adjusted in accordance with Section 206A of law for national security purposes. retary to undertake publication in the Fed- this Act)’’; (b) DESIGNATED REPRESENTATIVE.— eral Register of corresponding adjustments (5) Section 221(d)(4)(ii) of the National (1) IN GENERAL.—Each qualified entity (as to the Dollar Amounts. The dollar amount of Housing Act (12 U.S.C. 1715l(d)(4)(ii)) is defined in section 5 of the National Child any adjustment shall be rounded to the next amended— Protection Act of 1993 (42 U.S.C. 5119c)) shall lower dollar.’’. (a) by inserting ‘‘(A)’’ following ‘‘(ii)’’; assign a representative in their respective (b) TECHNICAL AND CONFERENCE CHANGES.— (b) by striking ‘‘; and except that’’ and all organization to receive and process informa- (1) Section 207(c)(3) of the National Hous- that follows through and including ‘‘in this tion requested under section 3 of the Na- ing Act (12 U.S.C. 1713(c)(3)) is amended— clause’’ and inserting in lieu thereof: ‘‘; (B) tional Child Protection Act of 1993 (42 U.S.C. (a) by inserting ‘‘(A)’’ after ‘‘(3)’’; the Secretary may, by regulation, increase 5119a). (b) by striking ‘‘and except that the Sec- any of the dollar limitations in paragraph (2) DELETION OF INFORMATION.—Each rep- retary’’ through and including ‘‘in this para- (A) (as such limitations may have been ad- resentative assigned under paragraph (1) graph’’ and inserting in lieu thereof; ‘‘(B) the justed in accordance with Section 206A of shall review the requested information and Secretary may, by regulation, increase any this Act)’’. delete all information that is not needed by of the dollar amount limitation in paragraph (6) Section 231(c)(2) of the National Hous- the requesting entity in making an employ- (A) (as such limitations may have been ad- ing Act (12 U.S.C. 1715v(c)(2)) is amended— ment decision. justed in accordance with Section 206A of (a) by inserting ‘‘(A)’’ following ‘‘(2)’’; (c) CRIMINAL PENALTIES.—Any person who this Act)’’. (b) by striking ‘‘; and except that’’ and all knowingly releases information derived as a (2) Section 213(b)(2) of the National Hous- that follows through and including ‘‘in this result of a national criminal fingerprint ing Act (12 U.S.C. 1715e(b)(2)) is amended— paragraph’’ and inserting in lieu thereof: ‘‘; background check to any person other than (a) by inserting ‘‘(A)’’ following ‘‘(2)’’; (B) the Secretary may, by regulation, in- the hiring authority or organizational lead- (b) by striking ‘‘:Provided further, That’’ crease any of the dollar limitations in para- ership with the qualified entity shall be— the first time that it occurs, through and in- graph (A) (as such limitations may have been (1) fined $50,000 for each violation; or cluding ‘‘contained in this paragraph’’ and adjusted in accordance with Section 206A of (2) imprisoned not more than 1 year. inserting in lieu thereof: ‘‘;(B)(I) the Sec- this Act)’’; SEC. 8. AUTHORIZATION OF APPROPRIATIONS. retary may, by regulation, increase any of (c) by striking ‘‘: Provided, That’’ and all the dollar amount limitations in paragraph (a) IN GENERAL.—There is authorized to be that follows through and including ‘‘of this appropriated to carry out this Act— (A) (as such limitations may have been ad- section’’ and inserting in lieu thereof: ‘‘; (C) (1) $100,000,000 for fiscal year 2004; and justed in accordance with Section 206A of the Secretary may, by regulation, increase (2) such sums as may be necessary for each this Act)’’; any of the dollar limitations in paragraph (c) by striking ‘‘:Provided further. That’’ of fiscal years 2005 through 2008. (A) (as such limitations may have been ad- the second time it occurs and inserting in (b) AVAILABILITY OF FUNDS.—Sums appro- justed in accordance with section 206A of priated in accordance with this section shall lieu thereof: ‘‘; and (II)’’; this Act)’’. (d) by striking ‘‘: And provided further, remain available until expended. (7) Section 234(e)(3) of the National Hous- That’’ and inserting in lieu thereof: ‘‘; and Amend the title so as to read: ‘‘A bill to ing Act (12 U.S.C. 1715y(e)(3)) is amended— (III)’’; amend the National Child Protection Act of (a) by inserting ‘‘(A)’’ following ‘‘(3)’’; (e) by striking ‘‘with this subsection with- 1993, and for other purposes.’’. (b) by replacing ‘‘$38,025’’ and ‘‘$42,048’’; out regard to the preceding proviso’’ at the $42,120’’ with ‘‘48,481’’; $50,310’’ with ‘‘$58,469’’; end of that subsection and inserting in lieu SA 4897. Mr. REID (for Mr. SARBANES) ‘‘$62,010’’ with ‘‘$74,840’’; ‘‘$70,200’’ with thereof: ‘‘with this paragraph (B)(I).’’. ‘‘$83,375’’; ‘‘43,875’’; with ‘‘$44,250’’; ‘‘$49,140’’ proposed an amendment to the bill S. (3) Section 220(d)(3)(B)(iii) of the National 2239, to amend the National Housing with ‘‘$50,724’’; ‘‘$60,255’’ with ‘‘$61,680’’; Housing Act (12 U.S.C. 1715k(d)(3)(B)(iii)) is ‘‘$75,465’’ with ‘‘$79,793’’; and ‘‘$85,328’’ with Act to simplify the downpayment re- amended— ‘‘$87,588’’; quirements for FHA mortgage insur- (a) by inserting ‘‘(I)’’ following ‘‘(iii)’’; (c) by striking ‘‘; except that each’’ and all ance for single family homebuyers; as (b) by striking ‘‘design; and except that’’ that follows through and including ‘‘con- follows: and inserting in lieu thereof: ‘‘design; and tained in this paragraph’’ and inserting in (II)’’; lieu thereof: ‘‘; (B) the Secretary may, by At the end, add the following: (c) by striking ‘‘any of the foregoing dollar SEC. 4. INDEXING OF FHA MULTIFAMILY HOUS- regulation, increase any of the dollar limita- amount limitations contained in this clause’’ tions in paragraph (A) (as such limitations ING LOAN LIMITS. and inserting in lieu thereof: ‘‘any of the dol- (a) The National Housing Act (12 U.S.C. may have been adjusted in accordance with lar amount limitations in subclause Section 206A of this Act)’’. 1701 et seq.) is amended by inserting after (B)(iii)(I)(as such limitations may have been section 206 the following new section 206A (12 adjusted in accordance with Section 206A of f U.S.C.) 1712A): this Act)’’; AUTHORITY FOR COMMITTEES TO ‘‘SEC. 206A. INDEXING OF FHA MULTIFAMILY (d) by striking ‘‘:Provided, That’’ through MEET HOUSING LOAN LIMITS. and including ‘‘proviso’’ and inserting in lieu ‘‘METHOD OF INDEXING.—(a) The dollar thereof: ‘‘with respect to dollar amount limi- SELECT COMMITTEE ON INTELLIGENCE amounts set forth in— tations applicable to rehabilitation projects Mr. REID. Mr. President, I ask unan- ‘‘(A) section 207(c)(3)(A) (12 U.S.C. described in subclause (II), the Secretary imous consent that the Select Com- 1713(c)(3)(A)); may, by regulation, increase the dollar ‘‘(B) section 213(b)(2)(A) (12 U.S.C. mittee on Intelligence be authorized to amount limitations contained in subclause meet during the session of the Senate 1715e(b)(2)(A)); (B)(ii)(I) (as such limitations may have been ‘‘(C) section 220(d)(3)(B)(iii)(I) (12 U.S.C. adjusted in accordance with Section 206A of on Thursday, October 17, 2002 at 10:00 1715k(d)(3)(B)(iii)(I)); this Act)’’; a.m. to hold an open hearing with the ‘‘(D) section 221(d)(3)(ii)(A) (12 U.S.C. (e) by striking ‘‘: Provided further,’’ and House Permanent Select Committee on 1715l(d)(3)(ii)(A)); inserting in lieu thereof: ‘‘;(III)’’; Intelligence concerning the Joint In- ‘‘(E) section 221(d)(4)(ii)(A) (12 U.S.C. (f) by striking ‘‘subparagraph’’ in the sec- quiry into the events of September 11, 1715l(d)(4)(ii)(A)); ond proviso and inserting in lieu thereof ‘‘(F) section 231(c)(2)(A) (12 U.S.C. 2001. ‘‘subclause (B)(iii)(I)’’; The PRESIDING OFFICER. Without 1715v(c)(2)(A)); and (g) in the last proviso, by striking ‘‘: And ‘‘(G) section 234(e)(3)(A) (12 provided further, That’’ and all that follows objection, it is so ordered. USC1715y(e)(3)(A)) through and including ‘‘this clause’’ and in- f (collectively hereinafter referred to as the serting in lieu thereof: ‘‘; (IV) with respect to GREAT LAKES LEGACY ACT OF ‘‘Dollar Amounts’’) shall be adjusted annu- rehabilitation projects involving not more ally (commencing in 2004) on the effective than five family units, the Secretary may 2001 date of the Federal Reserve Board’s adjust- further increase any of the dollar limitations Mr. REID. I ask unanimous consent ment of the $400 figure in the Home Owner- which would otherwise apply to such that the Senate proceed to the consid- ship and Equity Protection Act of 1994 projects.’’ eration of calendar 704, H.R. 1070. (HOEPA). The adjustment of the Dollar (4) Section 221(d)(3)(ii) of the National Amounts shall be calculated using the per- Housing Act (12 U.S.C. 1715l(d)(3)(ii)) is The PRESIDING OFFICER. The centage change in the Consumer Price Index amended— clerk will report the bill by title. for All Urban Consumers (CPI–U) as applied (a) by inserting ‘‘(A)’’ following ‘‘(ii)’’; The legislative clerk read as follows:

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A bill (H.R. 1070) to amend the Federal ƒ‘‘(iii) OPERATION AND MAINTENANCE.—The TITLE II—LAKE CHAMPLAIN Water Pollution Control Act to make grants non-Federal share of the cost of the operation Sec. 201. Short title. for remediation of sediment contamination and maintenance of a project carried out under Sec. 202. Lake Champlain basin program. in areas of concern and to authorize assist- this paragraph shall be 100 percent. Sec. 203. Lake Champlain watershed, Vermont ƒ‘‘(F) MAINTENANCE OF EFFORT.—The Admin- ance for research and development of innova- and New York. tive technologies for such purposes. istrator may not carry out a project under this TITLE III—MISCELLANEOUS There being no objection, the Senate paragraph unless the non-Federal sponsor en- proceeded to consider the bill which ters into such agreements with the Adminis- Sec. 301. Phase II storm water program. trator as the Administrator may require to en- TITLE I—GREAT LAKES had been reported from the Committee sure that the non-Federal sponsor will maintain on Environment and Public Works with its aggregate expenditures from all other sources SEC. 101. SHORT TITLE. an amendment, as follows: for remediation programs in the area of concern This title may be cited as the ‘‘Great Lakes (The part of the bill intended to be in which the project is located at or above the Legacy Act of 2002’’. stricken is shown in black brackets average level of such expenditures in its 2 fiscal SEC. 102. REPORT ON REMEDIAL ACTION PLANS. and the part of the bill intended to be years preceding the date on which the project is Section 118(c)(3) of the Federal Water Pollu- inserted is shown in italic.) initiated. tion Control Act (33 U.S.C. 1268(c)(3)) is amend- ƒ‘‘(G) COORDINATION.—In carrying out H.R. 1070 ed by adding at the end the following: projects under this paragraph, the Adminis- ‘‘(E) REPORT.—Not later than 1 year after the Be it enacted by the Senate and House of Rep- trator shall coordinate with the Secretary of the date of enactment of this subparagraph, the Ad- resentatives of the United States of America in Army, and with the Governors of States in ministrator shall submit to Congress a report on Congress assembled, which the projects are located, to ensure that such actions, time periods, and resources as are SECTION 1. SHORT TITLE. Federal and State assistance for remediation in necessary to fulfill the duties of the Agency re- This Act may be cited as the ‘‘Great Lakes areas of concern is used as efficiently as pos- lating to oversight of Remedial Action Plans Legacy Act of 2002’’. sible. under— ƒ ƒSEC. 2. REMEDIATION OF SEDIMENT CONTAMI- ‘‘(H) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(i) this paragraph; and ƒ NATION IN AREAS OF CONCERN IN ‘‘(i) IN GENERAL.—In addition to other ‘‘(ii) the Great Lakes Water Quality Agree- THE GREAT LAKES. amounts authorized under this section, there is ment.’’. ƒSection 118(c) of the Federal Water Pollution authorized to be appropriated to carry out this Control Act (33 U.S.C. 1268(c)) is amended by paragraph $50,000,000 for each of fiscal years SEC. 103. REMEDIATION OF SEDIMENT CONTAMI- adding at the end the following: NATION IN AREAS OF CONCERN IN 2003 through 2007. THE GREAT LAKES. ƒ‘‘(12) REMEDIATION OF SEDIMENT CONTAMINA- ƒ‘‘(ii) AVAILABILITY.—Funds appropriated Section 118(c) of the Federal Water Pollution TION IN AREAS OF CONCERN.— under clause (i) shall remain available until ex- Control Act (33 U.S.C. 1268(c)) is amended by ƒ‘‘(A) IN GENERAL.—In accordance with this pended.’’. adding at the end the following: paragraph, the Administrator, acting through ƒSEC. 3. RELATIONSHIP TO FEDERAL AND STATE EMEDIATION OF SEDIMENT CONTAMINA the Great Lakes National Program Office and in AUTHORITIES. ‘‘(12) R - coordination with the Office of Research and ƒSection 118(g) of the Federal Water Pollution TION IN AREAS OF CONCERN.— Development, may carry out qualified projects. Control Act (33 U.S.C. 1268) is amended— ‘‘(A) DEFINITION OF QUALIFIED PROJECT.—In ƒ‘‘(B) QUALIFIED PROJECT.—In this para- ƒ(1) by striking ‘‘construed to affect’’ and in- this paragraph, the term ‘qualified project’ graph, a qualified project is a project to be car- serting the following: ‘‘construed— means a project, to be carried out in an area of ried out in an area of concern located wholly or ƒ‘‘(1) to affect’’; concern located wholly or in part in the United in part in the United States that— ƒ(2) by striking the period at the end and in- States, to— ƒ‘‘(i) monitors or evaluates contaminated sedi- serting ‘‘; or’’; ‘‘(i) monitor or evaluate contaminated sediment; ƒ(3) by adding at the end the following: ment, including conducting a site characteriza- ƒ‘‘(ii) subject to subparagraph (D), imple- ƒ‘‘(2) to affect any other Federal or State au- tion; ments a plan to remediate contaminated sedi- thority that is being used or may be used to fa- ‘‘(ii) remediate contaminated sediment (in- ment; or cilitate the cleanup and protection of the Great cluding disposal of the contaminated sediment); ƒ‘‘(iii) prevents further or renewed contami- Lakes.’’; and or nation of sediment. ƒ(4) by aligning the remainder of the text of ‘‘(iii) prevent further or renewed contamina- ƒ‘‘(C) PRIORITY.—In selecting projects to paragraph (1) (as designated by paragraph (1) tion of sediment. carry out under this paragraph, the Adminis- of this section) with paragraph (2) (as added by ‘‘(B) PROJECTS.—The Administrator, acting trator shall give priority to a project that— paragraph (3) of this section). through the Program Office and in coordination ƒ‘‘(i) constitutes remedial action for contami- ƒSEC. 4. RESEARCH AND DEVELOPMENT PRO- with the Office of Research and Development of nated sediment; GRAM. the Agency, may carry out qualified projects ƒ‘‘(ii) has been identified in a Remedial Ac- ƒ(a) IN GENERAL.—In coordination with other under this paragraph. tion Plan submitted pursuant to paragraph (3) Federal and local officials, the Administrator of ‘‘(C) PRIORITY.—In carrying out this para- and is ready to be implemented; or the Environmental Protection Agency is author- graph, the Administrator shall give priority to a ƒ‘‘(iii) will use an innovative approach, tech- ized to conduct research on the development qualified project that— nology, or technique that may provide greater and use of innovative approaches, technologies, ‘‘(i) consists of remedial action for contami- environmental benefits or equivalent environ- and techniques for the remediation of sediment nated sediment; mental benefits at a reduced cost. contamination in areas of concern in the Great ‘‘(ii) has been identified in a Remedial Action ƒ ‘‘(D) LIMITATION.—The Administrator may Lakes. Plan that is— not carry out a project under this paragraph for ƒ(b) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(I) submitted under paragraph (3); and remediation of contaminated sediments located ƒ (1) IN GENERAL.—In addition to amounts au- ‘‘(II) ready to be implemented; in an area of concern— thorized under other laws, there is authorized to ƒ‘‘(i) if an evaluation of remedial alternatives ‘‘(iii) will use an innovative approach, tech- be appropriated to carry out this section nology, or technique for remediation; or for the area of concern has not been conducted, $2,000,000 for each of fiscal years 2003 through including a review of the short-term and long- ‘‘(iv) includes remediation to be commenced 2007. not later than 1 year after the receipt of funds term effects of the alternatives on human health ƒ(2) AVAILABILITY.—Funds appropriated for the project. and the environment; or under paragraph (1) shall remain available ‘‘(D) LIMITATIONS.—The Administrator may ƒ‘‘(ii) if the Administrator determines that the until expended.≈ not carry out a qualified project described in area of concern is likely to suffer significant SECTION 1. SHORT TITLE; TABLE OF CONTENTS. further or renewed contamination from existing clause (ii) or (iii) of subparagraph (A)— (a) SHORT TITLE.—This Act may be cited as sources of pollutants causing sediment contami- ‘‘(i) that is located in an area of concern that the ‘‘Great Lakes and Lake Champlain Program the Administrator determines is likely to suffer nation following completion of the project. Act of 2002’’. ƒ‘‘(E) NON-FEDERAL MATCHING REQUIRE- significant further or renewed sediment con- (b) TABLE OF CONTENTS.—The table of contamination from sources of pollutants after the MENT.— tents of this Act is as follows: ƒ‘‘(i) IN GENERAL.—The non-Federal share of completion of the qualified project; or the cost of a project carried out under this para- Sec. 1. Short title; table of contents. ‘‘(ii) at a site that has not had a thorough site graph shall be not less than 35 percent. TITLE I—GREAT LAKES characterization. ƒ‘‘(ii) IN-KIND CONTRIBUTIONS.—The non-Fed- Sec. 101. Short title. ‘‘(E) NON-FEDERAL MATCHING REQUIREMENT.— eral share of the cost of a project carried out Sec. 102. Report on remedial action plans. ‘‘(i) IN GENERAL.—The non-Federal share of under this paragraph may include the value of Sec. 103. Remediation of sediment contamina- the cost of a qualified project carried out under in-kind services contributed by a non-Federal tion in areas of concern in the this paragraph shall be not less than 35 percent. sponsor, including any in-kind service per- Great Lakes. ‘‘(ii) IN-KIND CONTRIBUTIONS.—The non-Fed- formed under an administrative order on con- Sec. 104. Relationship to existing Federal and eral share of the cost of a qualified project car- sent or judicial consent decree, but not includ- State laws and international ried out under this paragraph may include the ing any in-kind services performed under a uni- agreements. value of in-kind services contributed by a non- lateral administrative order or court order. Sec. 105. Authorization of appropriations. Federal sponsor.

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00110 Fmt 4624 Sfmt 6333 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 17, 2002 CONGRESSIONAL RECORD — SENATE S10741

‘‘(iii) OPERATION AND MAINTENANCE.—The ‘‘(1) COMMITTEE.—The term ‘Committee’ ‘‘(c) IMPLEMENTATION.—The Committee, in non-Federal share of the cost of the operation means the steering committee of the program consultation with appropriate heads of Federal and maintenance of a qualified project carried comprised of representatives of Federal, State, agencies, shall implement the program. out under this paragraph shall be 100 percent. and local governments and other persons, as ‘‘(d) REVISION OF PLAN.—At least once every 5 ‘‘(F) COORDINATION.—In carrying out quali- specified in the Plan. years, the Committee shall review and, as nec- fied projects under this paragraph, the Adminis- ‘‘(2) LAKE CHAMPLAIN BASIN.— essary, revise the Plan. trator shall coordinate with the Secretary of the ‘‘(A) IN GENERAL.—The term ‘Lake Champlain ‘‘(e) GRANTS.— Army, and with the Governors of States in basin’ means all water and land resources in the which qualified projects assisted under this United States in the drainage basin of Lake ‘‘(1) IN GENERAL.—Subject to paragraph (2), paragraph are located, to ensure that Federal Champlain. the Administrator may, in consultation with the Committee, make grants, for the purpose of im- and State assistance for remediation in areas of ‘‘(B) INCLUSIONS.—The term ‘Lake Champlain concern is used as efficiently as practicable. basin’ includes— plementing the management strategies contained in the Plan, to— ‘‘(G) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(i) Clinton, Essex, Franklin, Hamilton, War- ‘‘(i) IN GENERAL.—In addition to other ren, and Washington counties in the State of ‘‘(A) State, interstate, and regional water pol- amounts authorized to be appropriated under New York; and lution control agencies; and this section, there is authorized to be appro- ‘‘(ii) Addison, Bennington, Caledonia, ‘‘(B) public or nonprofit agencies, institutions, priated to carry out this paragraph $50,000,000 Chittenden, Franklin, Grand Isle, Lamoille, Or- and organizations. for each of fiscal years 2004 through 2008. ange, Orleans, Rutland, and Washington coun- ‘‘(2) COST SHARING.—The Federal share of the ‘‘(ii) AVAILABILITY.—Funds appropriated ties in the State of Vermont. cost of any activity carried out using funds from under clause (i) shall remain available until ex- ‘‘(3) PLAN.—The term ‘Plan’ means the plan a grant provided under this subsection shall not pended. entitled ‘Opportunities for Action: An Evolving exceed 75 percent. ‘‘(13) RESEARCH AND DEVELOPMENT PRO- Plan for the Future of the Lake Champlain ‘‘(3) ADDITIONAL REQUIREMENTS.—The Admin- GRAM.— Basin’, approved by Lake Champlain Steering istrator may establish such additional require- ‘‘(A) IN GENERAL.—The Administrator, in co- Committee on January 30, 2002, that describes ments for the administration of grants provided ordination with other Federal and local offi- the actions necessary to protect and enhance under this subsection as the Administrator de- cials, shall conduct research on the development the environmental integrity and the social and termines to be appropriate. and use of innovative approaches, technologies, economic benefits of the Lake Champlain basin. OORDINATION OF EDERAL ROGRAMS and techniques for the remediation of sediment ‘‘(4) PROGRAM.—The term ‘program’ means ‘‘(f) C F P .— contamination in areas of concern in the Great the Lake Champlain Basin Program established ‘‘(1) AGRICULTURE.—The Secretary of Agri- Lakes. by subsection (b)(1). culture shall support the implementation of the ‘‘(B) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(b) ESTABLISHMENT.— program by providing financial and technical ‘‘(i) IN GENERAL.—In addition to amounts au- ‘‘(1) IN GENERAL.—There is established a pro- assistance relating to best management practices thorized to be appropriated under other law, gram to be known as the ‘Lake Champlain for controlling nonpoint source pollution, par- there is authorized to be appropriated to carry Basin Program’. ticularly with respect to preventing pollution out this paragraph $2,000,000 for each of fiscal ‘‘(2) PURPOSES.—The purposes of the program from agricultural activities. years 2004 through 2008. are— ‘‘(2) INTERIOR.— ‘‘(ii) AVAILABILITY.—Funds appropriated ‘‘(A) to protect and enhance the environ- ‘‘(A) GEOLOGICAL SURVEY.—The Secretary of under clause (i) shall remain available until ex- mental integrity and social and economic bene- the Interior, acting through the United States pended. fits of the Lake Champlain basin; and Geological Survey, shall support the implemen- ‘‘(14) PUBLIC INFORMATION PROGRAM.— ‘‘(B) to achieve the environmental goals de- tation of the program by providing financial, ‘‘(A) IN GENERAL.—The Administrator, acting scribed in the Plan, including— scientific, and technical assistance and applica- through the Program Office and in coordination ‘‘(i) the reduction of phosphorous inputs to ble watershed research, such as— with the Office of Research and Development of Lake Champlain from point sources and ‘‘(i) stream flow monitoring; the Agency, States, Indian tribes, local govern- nonpoint sources so as to— ments, and other entities, may carry out a pub- ‘‘(ii) water quality monitoring; ‘‘(I) promote a healthy and diverse ecosystem; lic information program to provide— and ‘‘(iii) evaluation of effectiveness of best man- ‘‘(i) information relating to the remediation of ‘‘(II) provide for sustainable human use and agement practices; contaminated sediment to the public in areas of enjoyment of Lake Champlain; ‘‘(iv) research on the transport and final des- concern that are— ‘‘(ii) the reduction of toxic contamination, tination of toxic chemicals in the environment; ‘‘(I) located wholly within the United States; such as contamination by mercury and poly- and or chlorinated biphenyls, to protect public health ‘‘(v) development of an integrated geographic ‘‘(II) shared with Canada; and and the ecosystem of the Lake Champlain basin; information system for the Lake Champlain ‘‘(ii) local coordination and organization in ‘‘(iii) the control of the introduction, spread, basin. those areas. and impacts of nonnative nuisance species to ‘‘(B) FISH AND WILDLIFE.—The Secretary of ‘‘(B) AUTHORIZATION OF APPROPRIATIONS.— preserve the integrity of the ecosystem of the the Interior, acting through the Director of the There is authorized to be appropriated to carry Lake Champlain basin; out this paragraph $5,000,000 for each of fiscal United States Fish and Wildlife Service and in ‘‘(iv) the minimization of risks to humans from years 2004 through 2008.’’. cooperation with the Committee, shall support water-related health hazards in the Lake Cham- the implementation of the program by— SEC. 104. RELATIONSHIP TO EXISTING FEDERAL plain basin, including through the protection of ‘‘(i) supporting the protection and restoration AND STATE LAWS AND INTER- sources of drinking water in the Lake Cham- NATIONAL AGREEMENTS. of wetland, streams, aquatic, and riparian habi- plain basin; tat; Section 118(g) of the Federal Water Pollution ‘‘(v) the restoration and maintenance of a ‘‘(ii) supporting restoration of interjurisdic- Control Act (33 U.S.C. 1268(g)) is amended by healthy and diverse community of fish and wild- tional fisheries and declining aquatic species in inserting ‘‘, including the cleanup and protec- life in the Lake Champlain basin; tion of the Great Lakes’’ after ‘‘Lakes’’. the Lake Champlain watershed through— ‘‘(vi) the protection and restoration of wet- SEC. 105. AUTHORIZATION OF APPROPRIATIONS. land, streams, and riparian habitat in the Lake ‘‘(I) propagation of fish in hatcheries; and Section 118(h) of the Federal Water Pollution Champlain basin, including functions and val- ‘‘(II) continued advancement in fish culture Control Act (33 U.S.C. 1268(h)) is amended by ues provided by those areas; and aquatic species management technology; striking the first sentence and inserting the fol- ‘‘(vii) the management of Lake Champlain, in- ‘‘(iii) supporting the control and management lowing: ‘‘There is authorized to be appropriated cluding shorelines and tributaries of Lake of aquatic nuisance species that have adverse to carry out this section $40,000,000 for each of Champlain, to achieve— effects on— fiscal years 2004 through 2008.’’. ‘‘(I) the protection of natural and cultural re- ‘‘(I) fisheries; or TITLE II—LAKE CHAMPLAIN sources of Lake Champlain; and ‘‘(II) the form, function, or structure of the ‘‘(II) the maintenance of recreational uses of SEC. 201. SHORT TITLE. ecosystem of the Lake Champlain basin; Lake Champlain; This title may be cited as the ‘‘Daniel Patrick ‘‘(viii) the protection of recreation and cul- ‘‘(iv) providing financial and technical assist- Moynihan Lake Champlain Basin Program Act ance in accordance with the Fish and Wildlife of 2002’’. tural heritage resources of the Lake Champlain basin; Coordination Act (16 U.S.C. 661 et seq.) to pri- SEC. 202. LAKE CHAMPLAIN BASIN PROGRAM. ‘‘(ix) the continuance of the Lake Champlain vate landowners seeking to improve fish and Title I of the Federal Water Pollution Control long-term water quality and biological moni- wildlife habitat, a goal of which is— Act is amended by striking section 120 (33 U.S.C. toring program; and ‘‘(I) restoration of full function to degraded 1270) and inserting the following: ‘‘(x) the promotion of healthy and diverse eco- habitat; ‘‘SEC. 120. LAKE CHAMPLAIN BASIN PROGRAM. nomic activity and sustainable development ‘‘(II) enhancement of specific habitat func- ‘‘(a) DEFINITIONS.—In this section: principles in the Lake Champlain basin. tions; or

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00111 Fmt 4624 Sfmt 6333 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10742 CONGRESSIONAL RECORD — SENATE October 17, 2002 ‘‘(III) establishment of valuable fish and wild- (C) in paragraph (2)— Mr. REID. Mr. President, I under- life habitat that did not previously exist on a (i) by striking ‘‘A’’ and inserting ‘‘An’’; and stand Senator JEFFORDS and Senator particular parcel of real property; and (ii) in subparagraph (E), by inserting before SMITH of New Hampshire have a sub- ‘‘(v) taking other appropriate action to assist the period at the end the following: ‘‘, including stitute amendment at the desk. I ask in implementation of the Plan. remote sensing and the development of a geo- unanimous consent the amendment be ‘‘(C) NATIONAL PARKS.—The Secretary of the graphic information system for the Lake Cham- Interior, acting through the Director of the Na- plain basin by the Cold Regions Research and considered and agreed to, the com- tional Park Service, shall support the implemen- Engineering Laboratory’’; mittee-reported substitute amend- tation of the program by providing, through the (4) in subsection (c)— ment, as amended, be agreed to, the use of funds in the National Recreation and (A) by striking ‘‘assistance for a’’ and insert- bill, as amended, be read three times Preservation Appropriation account of the Na- ing ‘‘design and construction assistance for and passed, and the motion to recon- tional Park Service, financial and technical as- an’’; and sider be laid upon the table with any (B) in paragraph (2), by inserting ‘‘ecosystem sistance for programs concerning cultural herit- statements being printed in the age, natural resources, recreational resources, restoration or’’ after ‘‘form of’’; or other programs consistent with the mission of (5) in subsection (d)— RECORD without intervening action or the National Park Service that are associated (A) by striking ‘‘(d)’’ and all that follows debate. with the Lake Champlain basin, as identified in through ‘‘(A) IN GENERAL.—A’’ and inserting The PRESIDING OFFICER. Without the Plan. the following: objection, it is so ordered. ‘‘(3) COMMERCE.—The Secretary of Commerce, ‘‘(d) CRITERIA FOR ELIGIBILITY.— The amendment (No. 4892) was agreed acting through the Under Secretary for Oceans ‘‘(1) IN GENERAL.—An’’; and to. and Atmosphere, shall support the implementa- (B) by striking ‘‘(B) SPECIAL’’ and inserting tion of the program by providing financial and the following: (The amendment is printed in today’s technical assistance, through the national sea ‘‘(2) SPECIAL’’; and RECORD under ‘‘Text of Amendments.’’) grant program of the Department of Commerce, (6) in subsection (e)— The committee amendment in the for— (A) in paragraph (1)— nature of a substitute, as amended, was ‘‘(A) research; (i) by striking ‘‘to a’’ and inserting ‘‘to an’’; agreed to. (ii) by striking ‘‘project,’’ and inserting ‘‘(B) management of fisheries and other The bill (H.R. 1070), as amended, was read aquatic resources; ‘‘project (which assistance may include the pro- the third time and passed. ‘‘(C) related watershed programs; and vision of funds through the Lake Champlain ‘‘(D) other appropriate action to assist in im- Basin Program),’’; and To title amendment was agreed to. plementation of the Plan. (iii) by striking ‘‘agreement that shall require ‘‘(g) NO EFFECT ON OTHER AUTHORITY.— the non-Federal interest’’ and inserting the fol- f Nothing in this section affects the authority of— lowing: ‘‘agreement that is in accordance with section 221 of the Flood Control Act of 1970 (42 ‘‘(1) any Federal or State agency; or TO AMEND THE DISTRICT OF CO- ‘‘(2) any international entity relating to Lake U.S.C. 1962d–5b) and under which the non-Fed- Champlain established by an international eral interest agrees’’; LUMBIA RETIREMENT PROTEC- agreement to which the United States is a party. (B) in paragraph (2)(C), by striking ‘‘50’’ and TION ACT OF 1997 inserting ‘‘100’’; and ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— Mr. REID. I ask unanimous consent There is authorized to be appropriated to carry (C) by adding at the end the following: ‘‘(3) CREDIT FOR AGRICULTURAL CONSERVA- we proceed to the consideration of H.R. out this section $11,000,000 for each of fiscal 5205. years 2003 through 2007, of which— TION.—Funds provided to a non-Federal interest ‘‘(1) $5,000,000 shall be made available to the under the conservation reserve enhancement The PRESIDING OFFICER. The Administrator; program of the Department of Agriculture an- clerk will report the bill by title. nounced on May 27, 1998 (63 Fed. Reg. 28965), or ‘‘(2) $3,000,000 shall be made available to the The legislative clerk read as follows: the wetlands reserve program under subchapter Secretary of the Interior; C of chapter 1 of subtitle D of title XII of the A bill (H.R. 5205) to amend the District of ‘‘(3) $1,000,000 shall be made available to the Food Security Act of 1985 (16 U.S.C. 3837 et Columbia Retirement Protection Act of 1997 Secretary of Commerce; and seq.), for use in carrying out a project under the to permit the Secretary of the Treasury to ‘‘(4) $2,000,000 shall be made available to the Plan shall be credited toward the non-Federal use estimated amounts in determining the Secretary of Agriculture.’’. share of the cost of the project if the Secretary service longevity component of the Federal SEC. 203. LAKE CHAMPLAIN WATERSHED, of Agriculture certifies that those funds may be benefit payment required to be paid under VERMONT AND NEW YORK. used for the purpose of the project under the such Act to certain retirees of the Metropoli- Section 542 of the Water Resources Develop- Plan.’’. tan Police Department of the District of Co- ment Act of 2000 (114 Stat. 2671) is amended— lumbia. TITLE III—MISCELLANEOUS (1) in subsection (a)— SEC. 301. PHASE II STORM WATER PROGRAM. There being no objection, the Senate (A) by striking ‘‘(a)’’ and all that follows proceeded to consider the bill. through ‘‘(A) the land areas’’ and inserting the Notwithstanding any other provision of law, following: for fiscal year 2003, funds made available to Mr. REID. I ask unanimous consent ‘‘(a) DEFINITION OF LAKE CHAMPLAIN WATER- carry out nonpoint source management pro- that the bill be read three times, SHED.—In this section, the term ‘Lake Cham- grams under section 319 of the Federal Water passed, the motion to reconsider be plain watershed’ means— Pollution Control Act (33 U.S.C. 1329) in a State laid upon the table, there be no inter- may, at the option of the State, be used to carry ‘‘(1) the land areas’’; vening action or debate, and any state- out projects and activities in the State relating (B) by striking ‘‘(B)(i) the’’ and inserting the to the development or implementation of phase ments be printed in the RECORD. following: II of the storm water program of the Environ- The PRESIDING OFFICER. Without ‘‘(2)(A) the’’; mental Protection Agency established by the objection, it is so ordered. (C) by striking ‘‘(ii) the’’ and inserting the fol- final rule entitled ‘‘National Pollutant Dis- The bill (H.R. 5205) was read the third lowing: charge Elimination System—Regulations for Re- time and passed. ‘‘(B) the’’; vision of the Water Pollution Control Program (D) in paragraph (2)(A) (as redesignated by Addressing Storm Water Discharges’’, promul- subparagraph (B)), by inserting ‘‘Hamilton,’’ gated by the Administrator of the Environ- f after ‘‘Franklin,’’; and mental Protection Agency on December 8, 1999 (E) in paragraph (2)(B) (as redesignated by (64 Fed. Reg. 68722). AUTHORIZING PRINTING OF subparagraph (C)), by striking ‘‘clause (i)’’ and Amend the title so as to read: ‘‘An Act to SENATE RULES AND MANUAL inserting ‘‘subparagraph (A)’’; amend the Federal Water Pollution Control (2) in subsections (b) through (e), by striking Act to authorize the Administrator of the Mr. REID. I ask that the Senate pro- ‘‘critical restoration’’ each place it appears and Environmental Protection Agency to provide ceed to the consideration of S. Res. 349, inserting ‘‘ecosystem restoration’’; assistance for remediation of sediment con- submitted earlier today by Senator (3) in subsection (b)— tamination in areas of concern, to authorize DODD. (A) in the subsection heading, by striking assistance for research and development of The PRESIDING OFFICER. The ‘‘CRITICAL RESTORATION PROJECTS’’ and insert- innovative technologies for such remedi- clerk will report the bill by title. ing ‘‘ECOSYSTEM RESTORATION PROGRAM’’; ation, and to amend the Federal Water Pol- (B) in paragraph (1), by striking ‘‘participate lution Control Act and the Water Resources The legislative clerk read as follows: in’’ and inserting ‘‘provide design and construc- Development Act of 2000 to modify provi- A resolution (S. Res. 349) to authorize tion assistance to non-Federal interests for’’; sions relating to the Lake Champlain basin, printing of revised edition of Senate Rules and and for other purposes.’’. and Manual.

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00112 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 17, 2002 CONGRESSIONAL RECORD — SENATE S10743 There being no objection, the Senate there be no intervening action or de- ‘‘(IV) notwithstanding subclauses (II) and proceeded to consider the resolution. bate. (III), a mortgage for a property with an ap- Mr. REID. Mr. President, I ask unan- The PRESIDING OFFICER. Without praised value in excess of $50,000 that is lo- imous consent that the resolution be objection, it is so ordered. cated in an area of the State for which the The bill (H.R. 5647) was read the third average closing cost exceeds 2.10 percent of agreed to, the motion to reconsider be the average, for the State, of the sale price laid upon the table, and any state- time and passed. of properties located in the State for which ments be printed in the RECORD. f mortgages have been executed, 97.75 percent The PRESIDING OFFICER. Without FHA DOWNPAYMENT of the appraised value of the property.’’; (C) by transferring and inserting the text objection, it is so ordered. SIMPLIFICATION ACT OF 2002 The resolution (S. Res. 349) was of paragraph (10)(B) after the period at the agreed to, as follows: Mr. REID. I ask unanimous consent end of the first sentence of the undesignated the Senate proceed to the consider- paragraph that immediately follows para- S. RES. 349 ation of calendar 703, S. 2239. graph (2)(B) (relating to the definition of Resolved, That (a) the Committee on Rules The PRESIDING OFFICER. The ‘‘area’’); and and Administration shall prepare a revised clerk will report the bill by title. (D) by striking paragraph (10); and edition of the Senate Rules and Manual for The legislative clerk read as follows: (2) by inserting after subsection (e), the the use of the 108th Congress. following: (b) The manual shall be printed as a Senate A bill (S. 2239) to amend the National ‘‘(f) DISCLOSURE OF OTHER MORTGAGE PROD- document. Housing Act to simplify the downpayment UCTS.— (c) In addition to the usual number of doc- required of FHA mortgage insurance for sin- ‘‘(1) IN GENERAL.—In conjunction with any uments, 1,500 additional copies of the manual gle family homebuyers. loan insured under this section, an original shall be bound of which— There being no objection, the Senate lender shall provide to each prospective bor- (1) 500 paperbound copies shall be for the proceeded to consider the bill, which rower a disclosure notice that provides a 1- use of the Senate; and had been reported from the Committee page analysis of mortgage products offered (2) 1000 copies shall be bound (550 on Banking, Housing, and Urban Af- by that lender and for which the borrower paperbound; 250 nontabbed black skiver; 200 fairs, with amendments, as follows: would qualify. tabbed black skiver) and delivered as may be (The parts of the bill intended to be ‘‘(2) NOTICE.—The notice required under directed by the Committee on Rules and Ad- paragraph (1) shall include— ministration. stricken are shown in boldface brack- ‘‘(A) a generic analysis comparing the note ets and the parts of the bill intended to f rate (and associated interest payments), in- be inserted are shown in italic.) surance premiums, and other costs and fees ORDER TO FILE EXECUTIVE S. 2239 that would be due over the life of the loan CALENDAR BUSINESS Be it enacted by the Senate and House of Rep- for a loan insured by the Secretary under resentatives of the United States of America in subsection (b) with the note rates, insurance Mr. REID. I ask unanimous consent premiums (if applicable), and other costs and that the Senate committees may file Congress assembled, SECTION 1. SHORT TITLE. fees that would be expected to be due if the Legislative and Executive Calendar This Act may be cited as the ‘‘FHA Down- mortgagor obtained instead other mortgage business notwithstanding an adjourn- payment Simplification Act of 2002’’. products offered by the lender and for which ment of the Senate, and they may do SEC. 2. DOWNPAYMENT SIMPLIFICATION. the borrower would qualify with a similar this on Monday, November 4, from 10 Section 203 of the National Housing Act (12 loan-to-value ratio in connection with a con- a.m. to 2 p.m. U.S.C. 1709) is amended— ventional mortgage (as that term is used in The PRESIDING OFFICER. Without (1) in subsection (b)— section 305(a)(2) of the Federal Home Loan Mortgage Corporation Act (12 U.S.C. objection, it is so ordered. (A) by striking ‘‘shall—’’ and inserting ‘‘shall comply with the following:’’; 1454(a)(2)) or section 302(b)(2) of the Federal f (B) in paragraph (2)— National Mortgage Association Charter Act (i) in subparagraph (A), in the matter that (12 U.S.C. 1717(b)(2)), as applicable), assuming AUTHORIZATION TO MAKE prevailing interest rates; and APPOINTMENTS precedes clause (ii), by moving the margin 2 ems to the right; ‘‘(B) a statement regarding when the re- Mr. REID. I ask unanimous consent (ii) in the undesignated matter imme- quirement of the mortgagor to pay the mort- notwithstanding our recess or adjourn- diately following subparagraph (B)(iii)— gage insurance premiums for a mortgage in- ment of the Senate for the duration of (I) by striking the second and third sen- sured under this section would terminate, or a statement that the requirement shall ter- the 107th Congress, the President of the tences of such matter; øand ø(II) by striking the sixth sentence (relat- minate only if the mortgage is refinanced, Senate President pro tempore and the paid off, or otherwise terminated.’’. majority and minority leaders be au- ing to the increases for costs of solar energy systems) and all that follows through the SEC. 3. CONFORMING AMENDMENTS. thorized to make appointments to com- end of the last undesignated paragraph (re- Section 245 of the National Housing Act (12 missions, committees, boards, con- lating to disclosure notice); and¿ U.S.C. 1715z–10) is amended— ferences or interparliamentary con- ø(II) by striking the seventh sentence (relating (1) in subsection (a), by striking ‘‘, or if the ferences authorized by law and concur- to principal obligation) and all that follows mortgagor’’ and all that follows through rent action of the two Houses or by through the end of the ninth sentence (relating ‘‘case of veterans’’; and order of the Senate. to charges and fees); and (2) in subsection (b)(3), by striking ‘‘, or, if (III) by striking the eleventh sentence (relat- the’’ and all that follows through ‘‘for vet- The PRESIDING OFFICER. Without erans,’’. objection, it is so ordered. ing to disclosure notice) and all that follows through the end of the last undesignated para- SEC. 4. REPEAL OF GNMA GUARANTEE FEE IN- f graph (relating to disclosure notice require- CREASE. Section 972 of the Higher Education Amend- AUTHORIZING BASE CONTRACT OF ments); and (iii) by striking subparagraph (B) and in- ments of 1998 (Public Law 105–244; 112 Stat. NAVY-MARINE CORPS INTRANET serting the following: 1837) is hereby repealed. Mr. REID. I ask unanimous consent ‘‘(B) not to exceed an amount equal to the Mr. SARBANES. Mr. President, S. we now proceed to the consideration of sum of— 2239, the FHA Downpayment Sim- H.R. 5647. ‘‘(i) the amount of the mortgage insurance plification Act, has been cosponsored The PRESIDING OFFICER. The premium paid at the time the mortgage is by 23 Senators, including 15 members insured; and clerk will report the bill by title. ‘‘(ii) in the case of— of the Committee on Banking, Housing, The legislative clerk read as follows: ‘‘(I) a mortgage for a property with an ap- and Urban Affairs. This legislation A bill (H.R. 5647) to authorize the duration praised value equal to or less than $50,000, takes a program that has been in place of the base contract of the Navy-Marine 98.75 percent of the appraised value of the since October, 1997, and makes it per- Corps Intranet contract to be more than five property; manent. The program simplifies the years but not more than seven years. ‘‘(II) a mortgage for a property with an ap- downpayment process for FHA bor- There being no objection, the Senate praised value in excess of $50,000 but not in rowers which, in turn, makes it work proceeded to the bill. excess of $125,000, 97.65 percent of the ap- better for lenders, realtors, and sellers, praised value of the property; Mr. REID. Mr. President, I ask unan- ‘‘(III) a mortgage for a property with an as well. The bill was also amended by imous consent that the bill be read the appraised value in excess of $125,000, 97.15 Senator Reed and others to prevent an third time, passed, the motion to re- percent of the appraised value of the prop- increase in the GNMA fee from taking consider be laid upon the table, and erty; or place in 2005. This fee increase is not

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00113 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10744 CONGRESSIONAL RECORD — SENATE October 17, 2002 needed for the safety or soundness of at the end of the year, resulting in a U.S. CONGRESS, the GNMA program, and it raises the more complex process and higher costs CONGRESSIONAL BUDGET OFFICE, Washington, DC, September 18, 2002. costs of the program for homeowners. for thousands of American home- Finally, included with this is an Hon. PAUL S. SARBANES, buyers. Chairman, Committee on Banking, Housing, amendment that has been worked out I urge that the legislation, S. 2239, as and Urban Affairs, U.S. Senate, Wash- by Senators CORZINE and GRAMM to ington, DC. reported out of the Banking Committee index the FHA multifamily loan limits. DEAR MR. CHAIRMAN: The Congressional This will help keep the multifamily be taken up with the amendment and Budget Office has prepared the enclosed cost loan limits viable as costs go up in the passed. I ask unanimous consent the estimate for S. 2239, the FHA Downpayment future. letter from the Congressional Budget Simplification Act of 2002. This legislation is supported by HUD, Office be printed in the RECORD. If you wish further details on this estimate, we will be pleased to provide them. the Mortgage Bankers Association, the There being no objection, the mate- National Association of Realtors, and The CBO staff contact is Susanne S. rial was ordered to be printed in the Mehlman. the National Association of Home- RECORD, as follows: Sincerely, builders. If the Congress does not act, BARRY B. ANDERSON the authority to use the simplified (For Dan L. Crippen, Director). downpayment calculation will expire Enclosure.

By fiscal year, in millions of dollars— 2002 2003 2004 2005 2006 2007

SPENDING SUBJECT TO APPROPRIATION FHA and GNMA Spending Under Current Law: Estimated Authorization Level 1 ...... ¥2,854 ¥3,100 ¥3,107 ¥3,187 ¥3,267 ¥3,348 Estimated Outlays ...... ¥2,854 ¥3,100 ¥3,107 ¥3,187 ¥3,267 ¥3,348 Proposed Changes: Down-Payment Simplification: Estimated Authorization Level ...... 0 6 8 8 9 9 Estimated Outlays ...... 0 6 8 8 9 9 GNMA Guarantee Fee: Estimated Authorization Level ...... 0 0 0 56 58 59 Estimated Outlays ...... 0 0 0 56 58 59 Total Changes: Estimated Authorization Level ...... 0 6 8 64 67 68 Estimated Outlays ...... 0 6 8 64 67 68 Total Spending Under S. 2239 Estimated Authorization Level ...... ¥2,854 ¥3,094 ¥3,099 ¥3,123 ¥3,200 ¥3,280 Estimated Outlays ...... ¥3,094 ¥3,099 ¥3,123 ¥3,200 ¥3,280 1 The 2002–2007 levels are CBO’s baseline estimates of the amount of offsetting collections generated by FHA’s single-family program and GNMA’s single-family Mortgage-Backed Securities program.

Basis of estimate: CBO estimates that im- to lenders or issuers of the securities, GNMA that it insures. This legislation also would plementing the bill would cost $213 million guarantees the timely payments of scheduled repeal a 3 basis point increase in the Govern- over the 2003–2007 period, assuming appro- principal and interest due on the pooled ment National Mortgage Association’s priation action consistent with the bill’s pro- mortgages that back these securities. Under (GNMA’s) guarantee fee, scheduled to be imposed changes to FHA and GNMA programs. current law, GNMA charges lenders or plemented in 2005 under current law. The estimated costs are for the provisions issuers an annual fee of 6 cents for every $100 CBO estimates that implementing this leg- concerning down-payment simplification for (6 basis points) of guaranteed mortgage- islation would cost $6 million in 2003 and $213 FHA’s mortgage guarantee program, and the backed securities backed by single-family million over the 2003–2007 period, assuming fee charged by GNMA. These provisions are loans. Furthermore, a fee increase to 9 basis appropriation action consistent with the bill. explained below. points is scheduled to take effect on October Enacting this bill would not affect direct Down-payment simplification 1, 2004. Section 901 would repeal that fee in- spending or receipts. Therefore, pay-as-you- Currently, the down payment for FHA’s crease. CBO estimates that eliminating the go procedures would not apply. single-family program is calculated using a fee increase would increase the subsidy rate S. 2239 contains no intergovernmental or formula established in 1996. Under this for- associated with the single-family MBS pro- private-sector mandates as defined in the mula, the maximum mortgage amount that gram and increase the demand for the pro- Unfunded Mandates Reform Act (UMRA) and FHA could insure is determined by a fixed gram. would impose no costs on state, local, or percentage of the home value. The authority Based on information from GNMA, CBO es- tribal governments. timates that lowering guarantee fees would to use this formula is scheduled to expire on Estimated cost to the Federal Govern- December 31, 2002, but this legislation would reduce the subsidy for the single-family MBS program from negative 0.56 percent to nega- ment: The estimated budgetary impact of S. make its use permanent. 2239 is shown in the following table. The Based on information from FHA, CBO esti- tive 0.37 percent. (As with the FHA single- family program, GNMA guarantee fees for costs of this legislation fall within budget mates that continuing the use of the current function 370 (mortgage and housing credit). downpayment formula would slightly in- the mortgage-backed securities more than crease the cost of guaranteeing FHA loans offset the costs of expected defaults, result- Pay-as-you-go considerations: None. because it would lead to a small increase in ing in net collections from the MBS pro- Intergovernmental and private-sector im- the loan-to-value (LTV) ratios for about 15 gram.) Under the bill, CBO expects that ex- pact: S. 2239 contains no intergovernmental percent of the loans guaranteed each year tending the lower fee of 6 basis points would or private-sector mandates as defined in after 2002. The LTV ratio indicates how allow GNMA to remain competitive with UMRA and would impose no costs on state, much equity a borrower initially has in the other MBS programs and continue to guar- local, or tribal governments. home, and serves as a good predictor of the antee more than $100 billion worth of mort- Previous CBO estimates: On August 21, likelihood of default. On average, borrowers gage-backed securities, as it does under the 2002, CBO transmitted a cost estimate for with less equity (that is, higher LTV ratios) current fee structure. Thus, while repealing H.R. 3995, the Housing Affordability Act of have higher default rates than borrowers the fee increase would result in a less profit- 2002, as ordered reported by the House Com- with more equity. We estimate that this pro- able program, this loss would be partially mittee on the Judiciary on July 23, 2002, and vision would increase the cost of guaran- offset by additional receipts stemming from on September 10, 2002, CBO transmitted a teeing some loans, resulting in a cost of $6 an expected increase in demand for GNMA cost estimate for H.R. 3995 as ordered re- million in 2003 and $40 million over the 2003– services of about 25 percent. On balance, CBO ported by the House Committee on Financial 2007 period. The estimated changes in FHA’s estimates that implementing this provision Services on July 9, 2002. Both versions of loan subsidy cost—which are treated as dis- would cost $56 million in 2005 and $173 mil- H.R. 3995 include the provision included in S. cretionary spending—would be recorded in lion over the 2005–2007 period. 2239, and our cost estimates are the same. each year as new loans are disbursed. S. 2239—FHA Downpayment Simplification Act Estimate prepared by: Federal Costs: Su- GNMA guarantee fee of 2002 sanne S. Mehlman. Impact on State, Local, GNMA is responsible for guaranteeing se- Summary: S. 2239 would permanently and Tribal Governments: Greg Waring. Im- curities backed by pools of mortgages in- change the process the Federal Housing Ad- pact on the Private Sector: Cecil McPherson. sured by the federal government. (These se- ministration (FHA) uses to determine the Estimate approved by: Peter H. Fontaine, curities are known as mortgage-backed secu- amount of a down payment that is necessary Deputy Assistant Director for Budget Anal- rities or MBS.) In exchange for a fee charged for mortgages on the single-family homes ysis.

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00114 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 17, 2002 CONGRESSIONAL RECORD — SENATE S10745 Mr. REID. Mr. President, I ask unan- retary may, by regulation, increase any of (C) by striking ‘‘: Provided, That’’ and all imous consent the committee amend- the dollar amount limitations in paragraph that follows through and including ‘‘of this ments be agreed to, that a Sarbanes (A) (as such limitations may have been ad- section’’ and inserting in lieu thereof: ‘‘; (C) amendment at the desk be agreed to, justed in accordance with Section 206A of the Secretary may, by regulation, increase this Act)’’; any of the dollar limitations in paragraph the bill, as amended, be read the third (C) by striking ‘‘: Provided further, That’’ (A) (as such limitations may have been ad- time and passed, the motion to recon- the second time it occurs and inserting in justed in accordance with section 206A of sider be laid upon the table, with no in- lieu thereof: ‘‘; and (II)’’; this Act)’’. tervening action or debate, and any (D) by striking ‘‘: And provided further, (7) Section 234(e)(3) of the National Hous- statements be printed. That’’ and inserting in lieu thereof: ‘‘; and ing Act (12 U.S.C. 1715y(e)(3)) is amended— The PRESIDING OFFICER. Without (III)’’; (A) by inserting ‘‘(A) following ‘‘(3)’’; objection, it is so ordered. (E) by striking ‘‘with this subsection with- (B) by replacing ‘‘$38,025’’ with ‘‘$42,048’’; out regard to the preceding proviso’’ at the The committee amendments were ‘‘$42,120’’ with ‘‘$48,481’’; ‘‘$50,310’’ with end of that subsection and inserting in lieu ‘‘$58,469’’; ‘‘$62,010’’ with ‘‘$74,840’’; ‘‘$70,200’’ agreed to. thereof: ‘‘with this paragraph (B)(I).’’. with ‘‘$83,375’’; ‘‘$43,875’’ with ‘‘$44,250’’; The amendment (No. 4897) was agreed (3) Section 220(d)(3)(B)(iii) of the National ‘‘$49,140’’ with ‘‘$50,724’’; ‘‘$60,255’’ with to, as follows: Housing Act (12 U.S.C. 1715k(d)(3)(B)(iii)) is ‘‘$61,680’’; ‘‘$75,465’’ with ‘‘$79,793’’; and (Purpose: To provide for the indexing of amended— ‘‘$85,328’’ with ‘‘$87,588’’; multi-family mortgage limits for purposes (A) by inserting ‘‘(I)’’ following ‘‘(iii)’’; (C) by striking ‘‘; except that each’’ and all of the Federal Housing Administration’s (B) by striking ‘‘design; and except that’’ that follows through and including ‘‘con- mortgage insurance programs) and inserting in lieu thereof: ‘‘design; and tained in this paragraph’’ and inserting in (II)’’; At the end, add the following: lieu thereof: ‘‘; (B) the Secretary may, by (C) by striking ‘‘any of the foregoing dollar SEC. 4. INDEXING OF FHA MULTIFAMILY HOUS- regulation, increase any of the dollar limita- amount limitations contained in this clause’’ tions in paragraph (A) (as such limitations ING LOAN LIMITS. and inserting in lieu thereof: ‘‘any of the dol- (a) The National Housing Act (12 U.S.C. may have been adjusted in accordance with lar amount limitations in subclause Section 206A of this Act)’’. 1701 et seq.) is amended by inserting after (B)(iii)(I) (as such limitations may have been section 206 the following new section 206A (12 adjusted in accordance with Section 206A of The bill (S. 2239), as amended, was U.S.C. 1712A): this Act)’’; read the third time and passed. ‘‘SEC. 206A. INDEXING OF FHA MULTIFAMILY (D) by striking ‘‘: Provided, That’’ through (The bill will be printed in a future HOUSING LOANS LIMITS. and including ‘‘proviso’’ and inserting in lieu edition of the RECORD.) ‘‘METHOD OF INDEXING.—(a) The dollar thereof: ‘‘with respect to dollar amount limi- f amounts set forth in— tations applicable to rehabilitation projects (A) section 207(c)(3)(A) (12 U.S.C. described in subclause (II), the Secretary REAL INTERSTATE DRIVER 1713(c)(3)(A)); may, by regulation, increase the dollar EQUITY ACT OF 2001 (B) section 213(b)(2)(A) (12 U.S.C. amount limitations contained in subclause 1715e(b)(2)(A)); (B)(iii)(I) (as such limitations may have been Mr. REID. I ask unanimous consent (C) section 220(d)(3)(B)(iii)(I) (12 U.S.C. adjusted in accordance with Section 206A of the Senate proceed to the consider- 1715k(d)(3)(B)(iii)(I)); this Act)’’; ation of H.R. 2546. (D) section 221(d)(3)(ii)(A) (12 U.S.C. (E) by striking ‘‘: Provided further,’’ and in- The PRESIDING OFFICER. The 1715l(d)(3)(ii)(A)); serting in lieu thereof: ‘‘; (III)’’; clerk will report the bill by title. (E) section 221(d)(4)(ii)(A) (12 U.S.C. (F) by striking ‘‘subparagraph’’ in the sec- The legislative clerk read as follows: 1715l(d)(4)(ii)(A)); ond proviso and inserting in lieu thereof A bill (H.R. 2546) to amend title 49, United (F) section 231(c)(2)(A) (12 U.S.C. ‘‘subclause (B)(iii)(I)’’; States Code, to prohibit States from requir- 1715l(c)(2)(A)); and (G) in the last proviso, by striking ‘‘: And ing a license or fee on account of the fact (G) section 234(e)(3)(A) (12 U.S.C. provided further, That’’ and all that follows that a motor vehicle is providing interstate 1715y(e)(3)(A)) through and including ‘‘this clause’’ and in- pre-arranged ground transportation service, (collectively hereinafter referred to as the serting in lieu thereof: ‘‘; (IV) with respect to and for other purposes. ‘‘Dollar Amounts’’) shall be adjusted annu- rehabilitation projects involving not more ally (commencing in 2004) on the effective than five family units, the Secretary may There being no objection, the Senate date of the Federal Reserve Board’s adjust- further increase any of the dollar limitations proceeded to consider the bill, which ment of the $400 figure in the Home Owner- which would otherwise apply to such had been reported from the Committee ship and Equity Protection Act of 1994 projects’’. on Commerce, Science, and Transpor- (HOEPA). The adjustment of the Dollar (4) Section 221(d)(3)(ii) of the National tation, with amendments, as follows: Amounts shall be calculated using the per- Housing Act (12 U.S.C. 1715l(d)(3)(ii)) is centage change in the Consumer Price Index amended— (The parts of the bill intended to be for All Urban Consumers (CPI–U) as applied (A) by inserting ‘‘(A)’’ following ‘‘(ii)’’; stricken are shown in boldface brack- by the Federal Reserve Board for purposes of (B) by striking ‘‘; and except that’’ and all ets and the parts of the bill intended to the above-described HOEPA adjustment. that follows through and including ‘‘in this be inserted are shown in italic.) (b) The Federal Reserve Board on a timely clause’’ and inserting in lieu thereof: ‘‘; (B) H.R. 2546 basis shall notify the Secretary, or his des- the Secretary may, by regulation, increase Be it enacted by the Senate and House of Rep- ignee, in writing of the adjustment described any of the dollar amount limitations in para- resentatives of the United States of America in in paragraph (a) and of the effective date of graph (A) (as such limitations may have been Congress assembled, such adjustment in order to permit the Sec- adjusted in accordance with Section 206A of retary to undertake publication in the Fed- this Act)’’. SECTION 1. SHORT TITLE. eral Register of corresponding adjustments (5) Section 221(d)(4)(ii) of the National This Act may be cited as the ‘‘Real Inter- to the Dollar Amounts. The dollar amount of Housing Act (12 U.S.C. 1715l(d)(4)(ii)) is state Driver Equity Act of 2001’’. any adjustment shall be rounded to the next amended— SEC. 2. REGULATION OF INTERSTATE PRE-AR- lower dollar.’’. (A) by inserting ‘‘(A)’’ following ‘‘(ii)’’; RANGED GROUND TRANSPORTATION (b) TECHNICAL AND CONFORMING CHANGES.— (B) by striking ‘‘; and except that’’ and all SERVICE. (1) Section 207(c)(3) of the National Hous- that follows through and including ‘‘in this Section 14501 of title 49, United States ing Act (12 U.S.C. 1713(c)(3)) is amended)— clause’’ and inserting in lieu thereof: ‘‘; (B) Code, is amended by adding at the end the (A) by inserting ‘‘(A)’’ after ‘‘(3)’’; the Secretary may, by regulation, increase following: (B) by striking ‘‘and except that the Sec- any of the dollar limitations in paragraph ‘‘(d) PRE-ARRANGED GROUND TRANSPOR- retary’’ through and including ‘‘in this para- (A) (as such limitations may have been ad- TATION.— graph’’ and inserting in lieu thereof: ‘‘(B) the justed in accordance with Section 206A of ‘‘(1) IN GENERAL.—No State or political Secretary may, by regulation, increase any this Act)’’. subdivision thereof and no interstate agency of the dollar amount limitations in para- (6) Section 231(c)(2) of the National Hous- or other political agency of 2 or more States graph (A) (as such limitations may have been ing Act (12 U.S.C. 1715v(c)(2)) is amended— shall enact or enforce any law, rule, regula- adjusted in accordance with Section 206A of (A) by inserting ‘‘(A) following ‘‘(2)’’; tion, standard or other provision having the this Act)’’. (B) by striking ‘‘; and except that’’ and all force and effect of law requiring a license or (2) Section 213(b)(2) of the National Hous- that follows through and including ‘‘in this fee on account of the fact that a motor vehi- ing Act (12 U.S.C. 1715e(b)(2)) is amended— paragraph’’ and inserting in lieu thereof: ‘‘; cle is providing pre-arranged ground trans- (A) by inserting ‘‘(A)’’ following ‘‘(2)’’; (B) the Secretary may, by regulation, in- portation service if the motor carrier pro- (B) by striking ‘‘: Provided further, That’’ crease any of the dollar limitations in para- viding such service— the first time that it occurs, through and graph (A) (as such limitations may have been ‘‘(A) meets all applicable registration re- including ‘‘contained in this paragraph’’ and adjusted in accordance with Section 296A of quirements under chapter 139 for the inter- inserting in lieu thereof: ‘‘; (B)(I) the Sec- this Act)’’; state transportation of passengers;

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00115 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10746 CONGRESSIONAL RECORD — SENATE October 17, 2002 ‘‘(B) meets all applicable vehicle and intra- ‘‘(ii) does not primarily provide transpor- In the weeks and months ahead, New state passenger licensing requirements of the tation to or from airports.’’. Yorkers will do everything we can to State or States in which the motor carrier is (b) CONFORMING AMENDMENTS.— help those impacted by the bombings domiciled or registered to do business; and (1) MOTOR CARRIER TRANSPORTATION.—Sec- in Bali. This act of terror has taken ‘‘(C) is providing such service pursuant to tion 13506(a)(2) of title 49, United States a contract for— Code, is amended to read as follows: nearly 200 lives and injured hundreds. ø‘‘(i) travel from one State, including in- ‘‘(2) a motor vehicle providing taxicab These were parents, children, husbands termediate stops, to a destination in another service;’’. and wives and friends from so many State; or (2) MINIMUM FINANCIAL RESPONSIBILITY.— countries: Indonesia, Australia, Japan, ‘‘(ii) travel from one State, including one Section 31138(e)(2) of such title is amended to Italy, Great Britain, South Korea, Ger- or more intermediate stops in another State, read as follows: many, and two Americans. Five Ameri- to a destination in the original State.¿ ‘‘(2) providing taxicab service (as defined in cans are still unaccounted for. For ‘‘(i) transportation by the motor carrier from section 13102);’’. many, watching family members go to one State, including intermediate stops, to a Mr. REID. Mr. President, I ask unan- hospitals in Bali carrying pictures of destination in another State; or imous consent that the committee-re- their loved ones is an all too familiar ‘‘(ii) transportation by the motor carrier from ported amendments be agreed to, the one State, including intermediate stops in an- sight. But every opportunity to main- bill, as amended, be read three times tain hope in a desperate time should be other State, to a destination in the original and passed, the motion to reconsider be State. pursued. laid upon the table, and any state- ‘‘(2) INTERMEDIATE STOP DEFINED.—In this Bali is known as a peaceful place section, the term ‘intermediate stop’, with re- ments be printed in the RECORD, with where people from many different reli- spect to transportation by a motor carrier, no intervening action or debate. gions, races, and backgrounds can means a pause in the transportation in order for The PRESIDING OFFICER. Without come for relaxation and recreation. Its one or more passengers to engage in personal or objection, it is so ordered. hospitality is honored around the business activity, but only if the driver pro- The committee amendments were world. These bombings were a delib- viding the transportation to such passenger or agreed to. passengers does not, before resuming the trans- erate attempt to disrupt that tran- The bill (H.R. 2546), as amended, was quility and undermine the Indonesian portation of such passenger (or at least 1 of read the third time and passed. such passengers), provide transportation to any government and its economy. We stand other person not included among the passengers f with the Indonesian government as being transported when the pause began. EXPRESSING SYMPATHY FOR they seek to punish those who are re- ø‘‘(2)¿ (3) MATTERS NOT COVERED.—Nothing THOSE MURDERED AND INJURED sponsible and root out the terrorists in in this subsection shall be construed— IN THE TERRORIST ATTACK IN their midst. ‘‘(A) as subjecting taxicab service to regu- BALI, INDONESIA, ON OCTOBER Australia was also deeply impacted lation under chapter 135 or section 31138; by these bombings, and to date they ‘‘(B) as prohibiting or restricting an air- 12, 2002 are mourning the loss of 33 citizens and port, train, or bus terminal operator from Mr. REID. I ask unanimous consent contracting to provide preferential access or wait desperately to learn about 119 who that we now proceed to S. Res. 350 in- are still missing. In New York’s time of facilities to one or more providers of pre-ar- troduced earlier today by Senator ranged ground transportation service; and need, Australia provided us with so FEINSTEIN. ‘‘(C) as restricting the right of any State much kindness and generosity. They The PRESIDING OFFICER. The or political subdivision of a State to øre- supported our efforts to defend freedom clerk will report the resolution by quire¿ require, in a nondiscriminatory manner, and we send our deepest condolences to title. that any individual operating a vehicle pro- the Australian people. viding prearranged ground transportation The legislative clerk read as follows: Last week, we were reminded that service originating in the State or political A resolution (S. Res. 350) expressing sym- the terrorists are still organized and subdivision have submitted to pre-licensing pathy for those murdered and injured in the determined to inflict violence and drug testing or a criminal background inves- terrorist attack in Bali, Indonesia, on Octo- tigation of the records of the State in which ber 12, 2002. bloodshed in furtherance of their de- structive goals. Whether it is mur- the operator is domiciled, øby the motor car- There being no objection, the Senate ¿ dering innocent people on vacation or rier providing such service or by the State proceeded to consider the resolution. or political subdivision by which the oper- Mrs. CLINTON. Mr. President, on Oc- bombing a French tanker in Yemen or ator is licensed to provide such service, or by killing American soldiers in Kuwait, tober 12, the world was shocked as we the motor carrier providing such service, as a those who wish to do us harm will con- learned of the tragedy in Indonesia. As condition of providing such service.’’. tinue to disrupt this world until we news spread across the globe, we heard SEC. 3. DEFINITIONS. stop them. We must maintain our re- about the victims, the missing, and the (a) IN GENERAL.—Section 13102 of title 49, solve to seek out and destroy every utter devastation unleashed by a group United States Code, is amended— network in every country until the war (1) by redesignating paragraphs (17), (18), of nameless and faceless murderers. (19), (20), (21), and (22) as paragraphs (18), (19), on terror has been won. New Yorkers and Americans under- Mr. REID. I ask unanimous consent (21), (22), (23), and (24), respectively; stand the grief that has enveloped (2) by inserting after paragraph (16) the fol- the resolution and preamble be agreed those who lost loved ones in the Bali to, en bloc, the motion to reconsider be lowing: bombing, and we wish them solace in ‘‘(17) PRE-ARRANGED GROUND TRANSPOR- laid upon the table, and any state- TATION SERVICE.—The term ‘pre-arranged this time of great personal loss. ments in relation thereto be printed in This was the largest terrorist attack ground transportation service’ means trans- the RECORD. portation for a passenger (or a group of pas- since September 11, and while 13 The PRESIDING OFFICER. Without sengers) that is arranged in advance (or is months have passed since that fateful objection, it is so ordered. operated on a regular route or between speci- day in September, the images of that The resolution (S. Res. 350) was fied points) and is provided in a motor vehi- day remain crystal clear in our minds. agreed to. cle with a seating capacity not exceeding 15 While words often fail to provide com- The preamble was agreed to. passengers (including the driver).’’; and fort, perhaps knowing that there are The resolution, with its preamble, (3) by inserting after paragraph (19) (as so redesignated) the following: others who can empathize with the reads as follows: ‘‘(20) TAXICAB SERVICE.—The term ‘taxicab shock that’s felt in the days and weeks S. RES. 350 service’ means passenger transportation in a and months after such a tragedy, can Whereas more than 180 innocent people motor vehicle having a capacity of not more console a grieving nation, city, and were murdered and at least 300 injured by a than 8 passengers (including the driver), not friend. cowardly and brutal terrorist bombing of a operated on a regular route or between speci- After the attacks on the World Trade nightclub in Bali, Indonesia, on October 12, fied places, and that— Centers, New Yorkers were so grateful 2002, the worst terrorist incident since Sep- ‘‘(A) is licensed as a taxicab by a State or for the outpouring of support that tember 11, 2001; a local jurisdiction; or came from every corner of the globe. It Whereas those killed include two United ‘‘(B) is offered by a person that— States citizens, as well as citizens from Indo- ‘‘(i) provides local transportation for a fare is a sense of solidarity that no country nesia, Germany, the United Kingdom, Can- determined (except with respect to transpor- wishes to share, but we must use it to ada, and elsewhere but the vast majority of tation to or from airports) primarily on the strengthen our efforts in our war those killed and injured were Australian, basis of the distance traveled; and against terrorism. with more than 119 Australians still missing;

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00116 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 17, 2002 CONGRESSIONAL RECORD — SENATE S10747 Whereas two American citizens are still third reading, read the third time, and Service located at 265 South Western missing; passed. Avenue, Los Angeles, California, as the Whereas this bloody attack appears to be f ‘‘Nat King Cole Post Office’’ was con- part of an ongoing terror campaign by al- sidered, ordered to a third reading, Qaida, and strong evidence exists that sug- REV. LEON SULLIVAN POST gests the involvement of al-Qaida, together read the third time, and passed. with Jemaah Islamiah, in this attack; and OFFICE BUILDING f Whereas the people of the United States The bill (H.R. 3739) to designate the and Australia have developed a strong facility of the United States Postal BARNEY APODACA POST OFFICE friendship based on mutual respect for de- Service located at 6150 North Broad mocracy and freedom: Now, therefore, be it Street in Philadelphia, Pennsylvania, The bill (H.R. 5308) to designate the Resolved, That the Senate— facility of the United States Postal (1) expresses its deepest condolences and as the ‘‘Rev. Leon Sullivan Post Office Building’’ was considered, ordered to a Service located at 301 South Howes sympathies to the families of the American Street in Fort Collins, Colorado, as the victims, to the other families of those mur- third reading, read the third time, and dered and injured in this heinous attack, and passed. ‘‘Barney Apodaca Post Office’’ was con- to the people of Australia, Indonesia,Great sidered, ordered to a third reading, f Britain, Canada, and Germany; read the third time, and passed. (2) condemns in the strongest possible WILLIAM A. CIBOTTI POST OFFICE f terms the vicious terrorist attacks of Octo- BUILDING ber 12, 2002, in Bali, Indonesia; (3) expresses the solidarity of the United The bill (H.R. 3740) to designate the JOSEPH D. EARLY POST OFFICE States with Australia in our common strug- facility of the United States Postal BUILDING gle against terrorism; Service located at 925 Dickinson Street The bill (H.R. 5333) to designate the (4) supports the Government of Australia in Philadelphia, Pennsylvania, as the facility of the United States Postal in its call for the al-Qaida-linked Jemaah ‘‘William A. Cibotti Post Office Build- Service located at 4 East Central Islamiah to be listed by the United Nations ing’’ was considered, ordered to a third as a terrorist group; Street in Worcester, Massachusetts, as (5) urges the Secretary of State to des- reading, read the third time, and the ‘‘Joseph D. Early Post Office Build- ignate Jemaah Islamiah as a foreign ter- passed. ing’’ was considered, ordered to a third rorist organization; and f reading, read the third time, and (6) calls on the Government of Indonesia to passed. take every appropriate measure to bring to ROLLAN D. MELTON POST OFFICE justice those responsible for this reprehen- BUILDING f sible attack. The bill (H.R. 4102) to designate the PETER J. GANCI, JR. POST OFFICE f facility of the United States Postal BUILDING THE CALENDAR Service located at 120 North Maine Street in Fallon, Nevada, as the The bill (H.R. 5336) to designate the Mr. REID. Mr. President, I ask unan- ‘‘Rollan D. Melton Post Office Build- facility of the United States Postal imous consent that the Senate proceed ing’’ was considered, ordered to a third Service located at 380 Main Street in en bloc to the immediate consideration reading, read the third time, and Farmingdale, New York, as the ‘‘Peter of the following calendar items: Cal- passed. J. Ganci, Jr. Post Office Building’’ was endar No. 718, H.R. 3034; Calendar No. considered, ordered to a third reading, 719, H.R. 3738; Calendar No. 720, H.R. f read the third time, and passed. 3739; Calendar No. 721, H.R. 3740; Cal- JIM FONTENO POST OFFICE endar No. 722, H.R. 4102; Calendar No. BUILDING f 723, H.R. 4717; Calendar No. 724, H.R. 4755; Calendar No. 725, H.R. 4794; Cal- The bill (H.R. 4717) to designate the ROBERT WAYNE JENKINS STATION endar No. 726, H.R. 4797; Calendar No. facility of the United States Postal POST OFFICE 728, H.R. 5308; Calendar No. 729, H.R. Service located at 1199 Pasadena Boule- 5333; and Calendar No. 730, H.R. 5336. vard in Pasadena, Texas, as the ‘‘Jim Mr. REID. I ask unanimous consent Fonteno Post Office Building’’ was con- FRANCIS DAYLE ‘‘CHICK’’ HEARN that the bills be read three times, sidered, ordered to a third reading, POST OFFICE read the third time, and passed. passed, the motions to reconsider be Mr. REID. Mr. President, I ask unan- laid on the table en bloc, without any f imous consent the Senate proceed to intervening action or debate, and any CLARENCE MILLER POST OFFICE the consideration en bloc of H.R. 4851 statements relating thereto be printed BUILDING and H.R. 5340, which are at the desk. in the RECORD. The PRESIDING OFFICER. The The PRESIDING OFFICER. Without The bill (H.R. 4755) to designate the clerk will report the bills by title. objection, it is so ordered. facility of the United States Postal A bill (H.R. 4851) to redesignate the Service located at 204 South Broad f facility of the United States Postal Street in Lancaster, Ohio, as the ‘‘Clar- Service located at 6910 South York- FRANK SINATRA POST OFFICE ence Miller Post Office Building’’ was town Avenue in Tulsa, Oklahoma, as BUILDING considered, ordered to a third reading, the ‘‘Robert Wayne Jenkins Station’’. The bill (H.R. 3034) to redesignate the read the third time, and passed. A bill (H.R. 5340) to designate the fa- facility of the United States Postal f cility of the United States Postal Serv- Service located at 89 River Street in ice located at 5805 White Oak Avenue Hoboken, New Jersey, as the ‘‘Frank RONALD C. PACKARD POST OFFICE BUILDING in Encino, California, as the ‘‘Francis Sinatra Post Office Building’’ was con- Dayle ‘Chick’ Hearn Post Office’’. sidered, ordered to a third reading, The bill (H.R. 4794) to designate the Mr. REID. I ask unanimous consent read the third time, and passed. facility of the United States Postal the bills be read three times, passed, f Service located at 1895 Avenida Del Oro the motions to reconsider be laid on in Oceanside, California, as the ‘‘Ron- the table en bloc, with no intervening HERBERT ARLENE POST OFFICE ald C. Packard Post Office Building’’ action or debate, and any statements BUILDING was considered, ordered to a third read- submitted thereto be printed in the The bill (H.R. 3738) to designate the ing, read the third time, and passed. RECORD. facility of the United States Postal f The PRESIDING OFFICER. Without Service located at 1299 North 7th objection, it is so ordered. Street in Philadelphia, Pennsylvania, NAT KING COLE POST OFFICE The bills (H.R. 4841 and H.R. 5340) as the ‘‘Herbert Arlene Post Office The bill (H.R. 4797) to redesignate the were read the third time and passed, en Building’’ was considered, ordered to a facility of the United States Postal bloc.

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00117 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10748 CONGRESSIONAL RECORD — SENATE October 17, 2002 ALPHONSE F. AUCLAIR POST 5, United States Code or any other retire- (7) shall be paid from appropriations or OFFICE BUILDING ment system for employees of the Federal funds available for the payment of the basic Government; pay of the employee. (ii) an employee having a disability on the (c) LIMITATION.—No amount shall be payable under this Act based on any separation BRUCE F. COTTA POST OFFICE basis of which the employee is, or would be, eligible for disability retirement under sub- occurring more than 3 years after the date of BUILDING chapter III of chapter 83 or chapter 84 of title enactment of this Act. 5, United States Code, or any other retire- SEC. 4. INSTITUTION PLAN; CONSULTATION. ment system for employees of the Federal (a) IN GENERAL.—Before obligating any re- MICHAEL LEE WOODCOCK POST Government; sources for voluntary separation incentive OFFICE BUILDING (iii) an employee who is in receipt of a de- payments under section 3, the Secretary shall develop a plan outlining— Mr. REID. Mr. President, I ask unan- cision notice of involuntary separation for misconduct or unacceptable performance; (1) the intended use of such incentive pay- imous consent the Senate proceed to (iv) an employee who has previously re- ments; and the consideration of H.R. 669, H.R. 670, ceived any voluntary separation incentive (2) a proposed organizational chart for the H.R. 5574, en bloc. payment from the Federal Government Smithsonian Institution once such incentive The PRESIDING OFFICER. Without under this Act or any other authority; payments have been completed. objection, it is so ordered. (v) an employee covered by statutory re- (b) PLAN.—The Smithsonian Institution’s Mr. REID. I ask unanimous consent employment rights who is on transfer em- plan under subsection (a) shall include— ployment with another organization; or (1) the specific positions and functions of that the bills be read three times and the Smithsonian Institution to be reallo- passed, the motion to reconsider be (vi) any employee who— (I) during the 24-month period preceding cated; laid upon the table en bloc, with no in- the employee’s date of separation, received (2) a description of which categories of em- tervening action or debate, and that and did not repay a recruitment or reloca- ployees will be offered voluntary separation any statements relating thereto be tion bonus under section 5753 of title 5, incentive payments; printed in the RECORD. United States Code; (3) the time period during which voluntary The PRESIDING OFFICER. Without (II) within the 12-month period preceding separation incentive payments may be paid; objection, it is so ordered. the employee’s date of separation, received (4) the number and amounts of voluntary and did not repay a retention allowance separation incentive payments to be offered; The bills (H.R. 669, H.R. 670, and H.R. and 5574) were read a third time and passed. under section 5754 of title 5, United States Code; or (5) a description of how the Smithsonian f (III) within the 36-month period preceding Institution will operate with the realloca- the employee’s date of separation, received tion of positions to other functions. SMITHSONIAN INSTITUTION PER- and did not repay funds provided for student (c) CONSULTATION.—The Secretary shall SONNEL FLEXIBILITY ACT OF loan repayment under section 5379 of title 5, consult with the Office of Management and 2002 United States Code; Budget regarding the Smithsonian Institu- tion’s plan prior to implementation. unless the paying agency has waived its Mr. REID. Mr. President, I ask unan- SEC. 5. EFFECT OF SUBSEQUENT EMPLOYMENT imous consent that the Senate proceed right of recovery of those funds. WITH THE FEDERAL GOVERNMENT. to the consideration of S. 3149 sub- (2) SECRETARY.—The term ‘‘Secretary’’ (a) DEFINITION OF EMPLOYMENT.—In this mitted earlier today by Senators means the Secretary of the Smithsonian In- section the term ‘‘employment’’— stitution. LEAHY, FRIST, and COCHRAN. (1) in subsection (b), includes employment SEC. 3. AUTHORITY TO PROVIDE VOLUNTARY The PRESIDING OFFICER. The under a personal services contract with the SEPARATION INCENTIVE PAYMENTS. Federal Government (other than the legisla- clerk will report the bill by title. (a) IN GENERAL.—The Secretary may pay, tive branch); and The legislative clerk read as follows: or authorize the payment of, voluntary sepa- (2) in subsection (c), does not include em- A bill (S. 3149) to provide authority for the ration incentive payments to employees of ployment under a contract described in para- Smithsonian Institution to use voluntary the Smithsonian Institution only in accord- graph (1). separation incentives for personnel flexi- ance with the plan required under section 4. (b) REPAYMENT REQUIREMENT.—Except as bility, and for other purposes. (b) VOLUNTARY SEPARATION INCENTIVE PAY- provided in subsection (c), an individual who MENTS.—A voluntary separation incentive There being no objection, the Senate has received a voluntary separation incen- payment— tive payment under section 3 and accepts proceeded to consider the bill. (1) shall be offered to employees on the any employment for compensation with the Mr. REID. Mr. President, I ask unan- basis of— Federal Government (other than the legisla- imous consent that the bill be read a (A) organizational unit; tive branch) within 5 years after the date of third time and passed, the motion to (B) occupational series or level; the separation on which the payment is reconsider be laid upon the table, and (C) geographic location; based shall be required to pay to the Smith- that any statements regarding this (D) specific periods during which eligible sonian Institution, prior to the individual’s employees may elect a voluntary separation matter be printed in the RECORD. first day of employment, the entire amount incentive payment; The PRESIDING OFFICER. Without of the voluntary separation incentive pay- (E) skills, knowledge, or other job-related ment. objection, it is so ordered. factors; or (c) WAIVER OF REPAYMENT REQUIREMENT.— The bill (S. 3149) was read a third (F) a combination of any of the factors (1) EXECUTIVE BRANCH.—If the employment time and passed, as follows: specified in subparagraphs (A) through (E); under this section is with an Executive agen- S. 3149 (2) shall be paid in a lump sum after the cy (as defined in section 105 of title 5, United employee’s separation; States Code) other than the United States Be it enacted by the Senate and House of Rep- (3) shall be in an amount equal to the less- Postal Service or the Postal Rate Commis- resentatives of the United States of America in er of— sion, the Director of the Office of Personnel Congress assembled, (A) the amount the employee would be en- Management may, at the request of the head SECTION 1. SHORT TITLE. titled to receive under section 5595(c) of title of the agency, waive the repayment if— This Act may be cited as the ‘‘Smithsonian 5, United States Code, if the employee were (A) the individual involved possesses Institution Personnel Flexibility Act of entitled to payment under that section unique abilities; or 2002’’. (without adjustment for any previous pay- (B) in the case of an emergency involving SEC. 2. DEFINITIONS. ment made); or a direct threat to life or property, the indi- In this Act: (B) an amount determined by the Sec- vidual involved— (1) EMPLOYEE.— retary, not to exceed $25,000; (i) has skills directly related to resolving (A) IN GENERAL.—The term ‘‘employee’’ (4) may be made only in the case of an em- the emergency; and means an employee of the Smithsonian Insti- ployee who voluntarily separates (whether (ii) will serve on a temporary basis only so tution in the civil service who— by retirement or resignation) under this Act; long as that individual’s services are made (i) is serving under an appointment with- (5) shall not be a basis for payment, and necessary by the emergency. out time limitation; and shall not be included in the computation, of (2) JUDICIAL BRANCH.—If the employment (ii) has been employed for a continuous pe- any other type of Federal Government ben- under this section is with the judicial riod of at least 3 years in the civil service at efit; branch, the Director of the Administrative the Smithsonian Institution. (6) shall not be taken into account in de- Office of the United States Courts may waive (B) EXCLUSION.—The term ‘‘employee’’ does termining the amount of any severance pay the repayment if the individual involved— not include— to which the employee may be entitled under (A) possesses unique abilities; and (i) a reemployed annuitant under subsection 5595 of title 5, United States Code, (B) is the only qualified applicant available chapter III of chapter 83 or chapter 84 of title based on any other separation; and for the position.

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00118 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 17, 2002 CONGRESSIONAL RECORD — SENATE S10749 SEC. 6. ADDITIONAL SPACE AND RESOURCES FOR the National Historic Preservation Act (16 tors General, which I have introduced NATIONAL COLLECTIONS HELD BY U.S.C. 470f). along with Senator LIEBERMAN. In July THE SMITHSONIAN INSTITUTION. (d) RENOVATION OF PATENT OFFICE BUILD- (a) IN GENERAL.—Public Law 94–98 (20 of 2000, the Governmental Affairs Com- ING.— mittee held a hearing on Inspector U.S.C. 50 note; 89 Stat. 480) is amended by (1) IN GENERAL.—Notwithstanding any adding at the end the following: other provision of law, the Smithsonian In- General issues. Among the issues ad- ‘‘SEC. 4. ADDITIONAL SPACE AND RESOURCES stitution may enter into a single procure- dressed in that hearing was the need FOR NATIONAL COLLECTIONS HELD ment contract for the repair and renovation for statutory law enforcement author- BY THE SMITHSONIAN INSTITUTION. of the Patent Office Building. ity. This bill was reported favorably by ‘‘(a) IN GENERAL.—The Board of Regents of (2) REQUIREMENT.—The contract entered the committee on June 25, 2002 without the Smithsonian Institution may plan, de- into under paragraph (1) and the solicitation opposition. sign, construct, and equip additional storage for the contract shall include the clause and laboratory space at the museum support Currently there are 23 Offices of In- specified in section 52.232–18 of title 48, Code spector General whose qualified law en- facility of the Smithsonian Institution in of Federal Regulations. Suitland, Maryland, to accommodate the forcement agents are deputized by the SEC. 8. SENSE OF CONGRESS. care, preservation, conservation, deposit, Attorney General on a periodic basis. (a) FINDINGS.—Congress finds the fol- and study of national collections held in lowing: Over the last five years, IGs have been trust by the Institution. (1) On December 4, 1987, Congress approved responsible for over 25,000 successful ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— criminal prosecutions, over $12 billion There are authorized to be appropriated to House Concurrent Resolution 57, designating carry out this section— jazz as ‘‘a rare and valuable national Amer- in investigative recoveries, and over ‘‘(1) $2,000,000 for fiscal year 2003; and ican treasure’’. 35,000 suspensions and debarments ‘‘(2) such sums as are necessary for each of (2) Jazz has inspired some of the Nation’s based on their investigations. In addi- fiscal years 2004 through 2008.’’. leading creative artists and ranks as 1 of the tion, they have played key roles in nu- greatest cultural exports of the United (b) CONFORMING AMENDMENT.—Section 3 of merous joint task forces with Federal, States. Public Law 94–98 (20 U.S.C. 50 note; 89 Stat. State and local law enforcement offi- 480) is amended in the first sentence by (3) Jazz is an original American art form which has inspired dancers, choreographers, cials. Under the current system, the striking ‘‘the purposes of this Act.’’ and in- Attorney General must renew each of serting ‘‘this Act (other than section 4).’’. poets, novelists, filmmakers, classical com- (c) MUSEUM SUPPORT CENTER.— posers, and musicians in many other kinds of these law enforcement deputations pe- (1) IN GENERAL.—Notwithstanding any music. riodically. other provision of law, the Smithsonian In- (4) Jazz has become an international lan- Unfortunately, there are some prob- stitution may enter into a single procure- guage that bridges cultural differences and lems that exist under the current re- ment contract for the construction of addi- brings people of all races, ages, and back- gime. First, the deputation process tional facilities at the Museum Support Cen- grounds together. places a heavy burden on the U.S. Mar- ter of the Institution. (5) The jazz heritage of the United States should be appreciated as broadly as possible shals Service. The Marshals Service is (2) REQUIREMENT.—The contract entered given responsibility for 2,500 IG agents into under paragraph (1) and the solicitation and should be part of the educational cur- for the contract shall include the clause riculum for children in the United States. without sufficient resources to conduct specified in section 52.232–18 of title 48, Code (6) The Smithsonian Institution’s National proper oversight. In addition, as we of Federal Regulations. Museum of American History has established learned at our hearing, gaps in the re- SEC. 7. PATENT OFFICE BUILDING IMPROVE- April as Jazz Appreciation Month to pay newal process could compromise ongo- MENTS. tribute to jazz as both a historic and living ing investigations. Finally, many are (a) AUTHORIZATION.—Pursuant to sections American art form. concerned that the current blanket (7) The Smithsonian Institution’s National 5579, 5583, 5586, and 5588 of the Revised Stat- deputation process could leave an utes (20 U.S.C. 41, 46, 50, and 52) and Public Museum of American History has received great contributions toward this effort from agent’s actions open to legal challenge. Law 85–357 (72 Stat. 68), the Board of Regents This bill would remedy these prob- of the Smithsonian Institution may plan, de- other governmental agencies and cultural or- sign, and construct improvements, which ganizations. lems without conferring any additional may include a roof covering for the court- (b) SENSE OF CONGRESS.—It is the sense of authorities on the IGs. And it provides yard, to the Patent Office Building trans- Congress that— for more oversight than currently ex- ferred to the Smithsonian Institution by (1) the Smithsonian Institution has played ists under the deputation process. Spe- Public Law 85–357 (72 Stat. 68) in order to a vital role in the preservation of American cifically, it requires that the IGs con- culture, including art and music; provide increased public space, enhanced duct periodic peer reviews of their use visitors’ services, and improved public ac- (2) the Smithsonian Institution’s National Museum of American History should be com- of law enforcement authority and to cess. provide reports from those reviews to (b) DESIGN AND SPECIFICATIONS.—The de- mended for establishing a Jazz Appreciation sign and specifications for any exterior al- Month; and the relevant IG as well as the Attorney terations authorized by subsection (a) shall (3) musicians, schools, colleges, libraries, General. Those peer reviews are not be— concert halls, museums, radio and television currently required under the deputa- (1) submitted by the Secretary to the Com- stations, and other organizations should de- tion process. If the Attorney General mission of Fine Arts for comments and rec- velop programs to explore, perpetuate, and determines than an IG no longer needs honor jazz as a national and world treasure. ommendations; and law enforcement authority, or that an (2) subject to the review and approval of f IG has violated relevant guidelines, the National Capital Planning Commission then that authority can be rescinded. in accordance with section 8722 of title 40, INSPECTOR GENERAL ACT OF 1978 United States Code, and D.C. Code 6–641.15. AMENDMENT Simply put, by making the process (c) AUTHORITY OF HISTORIC PRESERVATION Mr. REID. Mr. President, I ask unan- statutory, we will solidify a process al- AGENCIES.— imous consent that the Senate proceed ready in place, provide for more over- (1) IN GENERAL.—The Secretary shall— to the consideration of Calendar No. sight of the law enforcement authority (A) take into account the effect of the im- 443, S. 2530. than currently exists, and relieve some provements authorized by subsection (a) on unnecessary administrative burdens. the historic character of the Patent Office The PRESIDING OFFICER. The clerk will report the bill by title. In addition, I believe that the bill is Building; and even more important in light of the (B) provide the Advisory Council on His- The legislative clerk read as follows: toric Preservation a reasonable opportunity A bill (S. 2530) to amend the Inspector Gen- events of September 11. The IGs pro- to comment with regard to such improve- eral Act of 1978—5 U.S.C. App—to establish vided valuable personnel and law en- ments. police powers for certain Inspector General forcement assistance in the months fol- (2) STATUS OF SMITHSONIAN.—In carrying agents engaged in official duties and provide lowing the tragedy. They served as sky out this subsection, and for other projects in an oversight mechanism for the exercise of marshals while permanent personnel the District of Columbia subject to the re- those powers. were being trained. They helped the view and approval of the National Capital There being no objection, the Senate FBI run down leads in its followup in- Planning Commission in accordance with proceeded to consider the bill. vestigation. And they worked within D.C. Code 6–641.15, the Smithsonian Institu- tion shall be deemed to be an agency for pur- Mr. THOMPSON. Mr. President, I am their own agencies to provide informa- poses of compliance with regulations pro- pleased that the Senate is taking up S. tion about individuals on the FBI’s mulgated by the Advisory Council on His- 2530, a bill to provide statutory law en- watch list. The IG community’s law en- toric Preservation pursuant to section 106 of forcement authority for certain Inspec- forcement agents provide a valuable

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00119 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10750 CONGRESSIONAL RECORD — SENATE October 17, 2002 service to this country, on top of the DEPARTMENT OF JUSTICE, under this Act or other statute, or as ex- valuable service they provide every FEDERAL BUREAU OF INVESTIGATION, pressly authorized by the Attorney General, day, and they deserve to be recognized Washington, DC, October 4, 2002. for any offense against the United States for what they are—valuable law en- Hon. FRED THOMPSON committed in the presence of such Inspector Ranking Minority Member, Committee on Gov- General, Assistant Inspector General, or forcement agents. ernmental Affairs, U.S. Senate, Wash- agent, or for any felony cognizable under the I am pleased that the Department of ington, DC. laws of the United States if such Inspector Justice and the Federal Bureau of In- DEAR SENATOR THOMPSON: The Federal Bu- General, Assistant Inspector General, or vestigation have written to me in sup- reau of Investigation supports the passage of agent has reasonable grounds to believe that port of the legislation. The Justice De- S. 2530, a bill ‘‘[t]o amend the Inspector Gen- the person to be arrested has committed or partment suggested one change in the eral Act of 1978 (5 U.S.C. App.) to establish is committing such felony; and legislation—that the Attorney General police powers for certain Inspector General ‘‘(C) seek and execute warrants for arrest, Agents engaged in official duties and provide search of a premises, or seizure of evidence be allowed to rescind law enforcement an oversight mechanism for the exercise of issued under the authority of the United authority for individual agents as well those powers.’’ The FBI reviewed the bill and States upon probable cause to believe that a as for entire offices—and I am happy to made some recommendations which were violation has been committed. add that provision. I am gratified that forwarded to the Department of Justice. The ‘‘(2) The Attorney General may authorize the Senate will move forward with this Department of Justice has forwarded its rec- exercise of the powers under this subsection important legislation and send it to ommendations to you. only upon an initial determination that— the House. Sincerely, ‘‘(A) the affected Office of Inspector Gen- eral is significantly hampered in the per- I ask unanimous consent that a copy ROBERT S. MUELLER, III, Director. formance of responsibilities established by of each of these letters be printed in Mr. REID. Mr. President, I ask unan- this Act as a result of the lack of such pow- the RECORD. ers; imous consent that the Thompson There being no objection, the mate- ‘‘(B) available assistance from other law rial was ordered to be printed in the amendment at the desk be agreed to, enforcement agencies is insufficient to meet the bill, as amended, be read a third RECORD, as follows: the need for such powers; and DEPARTMENT OF JUSTICE, time and passed, the motion to recon- ‘‘(C) adequate internal safeguards and OFFICE OF LEGISLATIVE AFFAIRS, sider be laid upon the table, with no in- management procedures exist to ensure Washington, DC, September 30, 2002. tervening action or debate, and that proper exercise of such powers. ‘‘(3) The Inspector General offices of the Hon. FRED THOMPSON, any statements relating to this meas- Ranking Minority Member, Committee on Gov- Department of Commerce, Department of ure be printed in the RECORD. Education, Department of Energy, Depart- ernmental Affairs, U.S. Senate, Wash- The PRESIDING OFFICER. Without ington, DC. ment of Health and Human Services, Depart- objection, it is so ordered. ment of Housing and Urban Development, DEAR SENATOR THOMPSON: This responds to The amendment (No. 4893) was agreed your request for the views of the Department Department of the Interior, Department of of Justice on S. 2530, a bill ‘‘[t]o amend the to, as follows: Justice, Department of Labor, Department Inspector General Act of 1978 (5 U.S.C. App.) (Purpose: To provide that the Attorney Gen- of State, Department of Transportation, De- to establish police powers for certain Inspec- eral may rescind or suspend certain au- partment of the Treasury, Department of tor General agents engaged in official duties thority with respect to an individual, and Veterans Affairs, Agency for International and provide an oversight mechanism for the for other purposes) Development, Environmental Protection Agency, Federal Deposit Insurance Corpora- exercise of those powers.’’ Subject to the On page 4, strike lines 15 through 22, and tion, Federal Emergency Management Agen- concern outlined below, we support enact- insert the following: ment of this legislation. ‘‘(5)(A) Powers authorized for an Office of cy, General Services Administration, Na- tional Aeronautics and Space Administra- Under administrative procedures that are Inspector General under paragraph (1) may tion, Nuclear Regulatory Commission, Office currently in place, Inspector General agents be rescinded or suspended upon a determina- of Personnel Management, Railroad Retire- are granted ‘‘blanket special deputations’’ tion by the Attorney General that any of the ment Board, Small Business Administration, (including law enforcement authorities, such requirements under paragraph (2) is no Social Security Administration, and the as the authority to make arrests and to longer satisfied or that the exercise of au- Tennessee Valley Authority are exempt from carry firearms) by the Attorney General. As thorized powers by that Office of Inspector the requirement of paragraph (2) of an initial part of this program, the Attorney General General has not complied with the guidelines determination of eligibility by the Attorney is able to rescind or suspend the police pow- promulgated by the Attorney General under General. ers of individual Inspector General agents for paragraph (4). ‘‘(4) The Attorney General shall promul- failure to comply with guidelines governing ‘‘(B) Powers authorized to be exercised by gate, and revise as appropriate, guidelines the exercise of the special deputation police any individual under paragraph (1) may be which shall govern the exercise of the law powers that the Attorney General has grant- rescinded or suspended with respect to that enforcement powers established under para- ed. Proposed section 6(e)(5) of the Inspector individual upon a determination by the At- graph (1). General Act, however, only permits the At- torney General that such individual has not ‘‘(5)(A) Powers authorized for an Office of torney General to rescind or suspend the po- complied with guidelines promulgated by the Inspector General under paragraph (1) may lice powers of an entire Office of Inspector Attorney General under paragraph (4). be rescinded or suspended upon a determina- General upon a determination that the re- The bill (S. 2530), as amended, was tion by the Attorney General that any of the spective Office has not complied with appli- read a third time and passed. as fol- requirements under paragraph (2) is no cable guidelines promulgated by the Attor- lows: longer satisfied or that the exercise of au- ney General. Because such an action against S. 2530 thorized powers by that Office of Inspector an entire Office of Inspector General could General has not complied with the guidelines severely disrupt numerous ongoing criminal Be it enacted by the Senate and House of Rep- promulgated by the Attorney General under investigations, such an enforcement mecha- resentatives of the United States of America in paragraph (4). nism is neither desirable nor practicable. Ac- Congress assembled, ‘‘(B) Powers authorized to be exercised by cordingly, we strongly recommend that the SECTION 1. LAW ENFORCEMENT POWERS OF IN- any individual under paragraph (1) may be Attorney General’s current authority to sus- SPECTOR GENERAL AGENTS. rescinded or suspended with respect to that pend police powers of individual agents for (a) IN GENERAL.—Section 6 of the Inspector individual upon a determination by the At- failures to comply with applicable Attorney General Act of 1978 (5 U.S.C. App.) is amend- torney General that such individual has not General guidelines or standards be incor- ed by adding at the end the following: complied with guidelines promulgated by the porated in the bill as an important compo- ‘‘(e)(1) In addition to the authority other- Attorney General under paragraph (4). nent of the oversight of the respective In- wise provided by this Act, each Inspector ‘‘(6) A determination by the Attorney Gen- spectors General offices. General appointed under section 3, any As- eral under paragraph (2) or (5) shall not be Thank you for the opportunity to present sistant Inspector General for Investigations reviewable in or by any court. our views regarding this legislation. If we under such an Inspector General, and any ‘‘(7) To ensure the proper exercise of the may be of additional assistance, we trust special agent supervised by such an Assist- law enforcement powers authorized by this that you will not hesitate to call upon us. ant Inspector General may be authorized by subsection, the Offices of Inspector General The Office of Management and Budget has the Attorney General to— described under paragraph (3) shall, not later advised that there is no objection from the ‘‘(A) carry a firearm while engaged in offi- than 180 days after the date of enactment of standpoint of the Administration’s program cial duties as authorized under this Act or this subsection, collectively enter into a to the presentation of this report. other statute, or as expressly authorized by memorandum of understanding to establish Sincerely, the Attorney General; an external review process for ensuring that DANIEL J. BRYANT, ‘‘(B) make an arrest without a warrant adequate internal safeguards and manage- Assistant Attorney General. while engaged in official duties as authorized ment procedures continue to exist within

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00120 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 17, 2002 CONGRESSIONAL RECORD — SENATE S10751 each Office and within any Office that later S. 2936 federal employee who was severely in- receives an authorization under paragraph Be it enacted by the Senate and House of Rep- jured in the September 11 attack on (2). The review process shall be established in resentatives of the United States of America in the Pentagon. She suffered burns over consultation with the Attorney General, who Congress assembled, 70% of her body, lost her fingers, yet shall be provided with a copy of the memo- øSECTION 1. ANNUITY COMPUTATION ADJUST- fights daily in rehabilition and hopes randum of understanding that establishes MENT FOR PERIODS OF DISABILITY. the review process. Under the review process, øSection 8415 of title 5, United States Code, to return to work some day. Current the exercise of the law enforcement powers is amended— law does not allow Mrs. Kurtz to con- by each Office of Inspector General shall be ø(1) by redesignating the second subsection tribute to her retirement program reviewed periodically by another Office of In- (i) and subsection (j) as subsections (j) and while she is recuperating and receiving spector General or by a committee of Inspec- (k), respectively; and Worker’s Compensation disability pay- tors General. The results of each review shall ø(2) by adding at the end the following: ments. As a result, after returning to be communicated in writing to the applica- ‘‘ø(l) In the case of any annuity computa- work and eventually retiring, she will ble Inspector General and to the Attorney tion under this section that includes, in the find herself inadequately prepared and General. aggregate, at least 1 year of credit under sec- unable to afford to retire because of ‘‘(8) No provision of this subsection shall tion 8411(d) for any period while receiving limit the exercise of law enforcement powers benefits under subchapter I of chapter 81, the the lack of contributions during her re- established under any other statutory au- percentage otherwise applicable under this cuperation. thority, including United States Marshals section for that period so credited shall be As Ms. Kurtz’s situation reveals, fed- Service special deputation.’’. increased by 1 percent.’’.¿ eral employees under the Federal Em- (b) PROMULGATION OF INITIAL GUIDELINES.— SECTION 1. ANNUITY COMPUTATION ADJUST- ployees Retirement System who have (1) DEFINITION.—In this subsection, the MENT FOR PERIODS OF DISABILITY. sustained an on-the-job injury and are term ‘‘memoranda of understanding’’ means (a) IN GENERAL.—Section 8415 of title 5, receiving disability compensation from the agreements between the Department of United States Code, is amended— the Department of Labor’s Office of Justice and the Inspector General offices de- (1) by redesignating the second subsection (i) scribed under section 6(e)(3) of the Inspector as subsection (k); and Workers’ Compensation Programs are General Act of 1978 (5 U.S.C. App) (as added (2) by adding at the end the following: unable to make contributions or pay- by subsection (a) of this section) that— ‘‘(l) In the case of any annuity computation ments into Social Security or the (A) are in effect on the date of enactment under this section that includes, in the aggre- Thrift Savings Plan. Therefore, the fu- of this Act; and gate, at least 1 year of credit under section ture retirement benefits from both (B) authorize such offices to exercise au- 8411(d) for any period while receiving benefits sources are reduced. thority that is the same or similar to the au- under subchapter I of chapter 81, the percentage This legislation offsets the reduc- thority under section 6(e)(1) of such Act. otherwise applicable under this section for that tions in Social Security and Thrift (2) IN GENERAL.—Not later than 180 days period so credited shall be increased by 1 percentage point.’’ Savings Plan retirement benefits by in- after the date of enactment of this Act, the creasing the Federal Employees Retire- Attorney General shall promulgate guide- (b) CONFORMING AMENDMENT.—Section lines under section 6(e)(4) of the Inspector 8422(d)(2) of title 5, United States Code (as ment System Direct Benefit calcula- General Act of 1978 (5 U.S.C. App) (as added added by section 122(b)(2) of Public Law 107– tion by one percentage point for ex- by subsection (a) of this section) applicable 135), is amended by striking ‘‘8415(i)’’ and intended periods of disability. to the Inspector General offices described serting ‘‘8415(k)’’. The passage of this bill ensures that under section 6(e)(3) of that Act. (c) APPLICABILITY.—The amendments made by the pensions of our hard-working fed- this section shall apply with respect to any an- (3) MINIMUM REQUIREMENTS.—The guide- eral employees will be kept whole dur- lines promulgated under this subsection nuity entitlement which is based on a separa- ing a period of injury and recuperation, shall include, at a minimum, the operational tion from service occurring on or after the date of enactment of this Act. especially now that many of them are and training requirements in the memoranda on the frontlines of protecting our of understanding. Amend the title so as to read: ‘‘A bill to amend chapter 84 of title 5, United States homeland security in this new war on (4) NO LAPSE OF AUTHORITY.—The memoranda of understanding in effect on the date Code, to provide that certain Federal annu- terror. By protecting the retirement of enactment of this Act shall remain in ef- ity computations are adjusted by 1 percent- security of injured federal employees, fect until the guidelines promulgated under age point relating to periods of receiving dis- we have provided an incentive for them this subsection take effect. ability payments, and for other purposes.’’. to return to work and increased our Mr. ALLEN. Mr. President, today I (c) EFFECTIVE DATES.— ability to retain our most dedicated (1) IN GENERAL.—Subsection (a) shall take rise to thank my colleagues for their and experienced federal workers. This effect 180 days after the date of enactment of unanimous support of S. 2936 which is a reasonable and fair approach in this Act. will adjust Federal employees retire- which the whole Senate has acted in a (2) INITIAL GUIDELINES.—Subsection (b) ment computations to offset reductions logical and compassionate manner. shall take effect on the date of enactment of in their retirement arising from on- this Act. I wish to reiterate my gratitude to the-job injuries covered by the Workers Senators LIEBERMAN and THOMPSON and f Compensation program. An extraor- their staffs for their assistance in pass- ANNUITY COMPUTATION ADJUST- dinary amount of hard work went into ing this legislation. I also wish to MENT FOR PERIODS OF DIS- this legislation and I would like to thank Office of Personnel Management ABILITY thank my colleague from New York, Director Kay Coles James and Harry Mr. REID. Mr. President, I ask unan- Senator CLINTON, for her most valuable Wolf, Ted Newland, and Mary Ellen imous consent that the Senate proceed assistance on her side of the aisle in Wilson of her staff for helping craft to the consideration of calendar No. pushing this important measure this legislative solution to a heretofore 716, S. 2936. through the legislative process. I would insolvable problem. They are truly The PRESIDING OFFICER. The also like to thank Senators AKAKA, wonderful, creative, caring, and prin- clerk will report the bill by title. COCHRAN, LIEBERMAN, and THOMPSON of cipled leaders who worked long hours The legislative clerk read as follows: the Governmental Affairs Committee to accomplish this equitable solution. A bill (S. 2936) to amend chapter 84 of title for their advice and bipartisan support, I am glad to see the Senate come to- 5, United States Code, to provide that cer- and Senator WARNER for his support gether and pass this important legisla- tain Federal annuity computations are ad- from the first day I introduced this tion and again thank my colleague justed by 1 percent relating to periods of re- bill. from New York for her leadership. I ceiving disability payments, and for other S. 2936 addresses a problem in the re- have truly enjoyed working with her purposes. tirement program for federal employ- for the successful passage of this posi- There being no objection, the Senate ees that has been recognized but unre- tive and constructive legislation that proceeded to consider the bill, which solved since 1986 when the current re- will improve the retirement security of had been reported from the Committee tirement system was established. Un- America’s dedicated federal employees. on Governmental Affairs with an fortunately, complications arising Mr. REID. Mr. President, I ask that amendment and an amendment to the from the Tax Code and the Workers Re- the Senate agree to the committee subtitle. habilitation Act of 1973 have blocked stitute; the bill, as amended, be read a [Strike the part shown in black any solution. third time and passed, the title amend- brackets and insert the part shown in My resolve to address the problem ment be agreed to, the motion to re- italic.] was inspired by Ms. Louise Kurtz, a consider be laid upon the table with no

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00121 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10752 CONGRESSIONAL RECORD — SENATE October 17, 2002 intervening action or debate, and that ø(d) DEFINITIONS.—For the purposes of this sources the agency has requested in its budget any statements relating to this meas- section: submission to obtain the necessary information ø ure be printed in the RECORD. (1) AGENCY.—The term ‘‘agency’’ means systems and infrastructure; and The PRESIDING OFFICER. Without an executive agency, as that term is defined (4) a description of the steps the agency has taken to ensure that agency managers (includ- objection, it is so ordered. in section 102 of title 31, United States Code. ø(2) IMPROPER PAYMENT.—The term ‘‘im- ing the agency head) are held accountable for The committee amendment in the proper payment’’— reducing improper payments. nature of a substitute was agreed to. ø(A) means any payment that should not (d) DEFINITIONS.—For the purposes of this The title amendment was agreed to. have been made or that was made in an in- section: The bill (S. 2936), as amended, was correct amount (including overpayments and (1) AGENCY.—The term ‘‘agency’’ means an read a third time and passed. underpayments) under statutory, contrac- executive agency, as that term is defined in sec- f tual, administrative, or other legally appli- tion 102 of title 31, United States Code. cable requirements; and (2) IMPROPER PAYMENT.—The term ‘‘improper IMPROPER PAYMENTS REDUCTION ø(B) includes any payment to an ineligible payment’’— ACT OF 2002 recipient, any payment for an ineligible (A) means any payment that should not have Mr. REID. Mr. President, I ask unan- service, any duplicate payment, payments been made or that was made in an incorrect imous consent that the Senate proceed for services not received, and any payment amount (including overpayments and underpayments) under statutory, contractual, adminis- to the consideration of calendar No. that does not account for credit for applicable discounts. trative, or other legally applicable requirements; 727, H.R. 4878. ø(3) PAYMENT.—The term ‘‘payment’’ and The PRESIDING OFFICER. The means any payment (including a commit- (B) includes any payment to an ineligible re- clerk will report the bill by title. ment for future payment, such as a loan cipient, any payment for an ineligible service, The legislative clerk read as follows: guarantee) that is— any duplicate payment, payments for services A bill (H.R. 4878) to provide for estimates ø(A) made by a Federal agency, a Federal not received, and any payment that does not ac- and reports of improper payments by Federal contractor, or a governmental or other orga- count for credit for applicable discounts. agencies. nization administering a Federal program or (3) PAYMENT.—The term ‘‘payment’’ means There being no objection, the Senate activity; and any payment (including a commitment for fu- ø proceeded to consider the bill, which (B) derived from Federal funds or other ture payment, such as a loan guarantee) that Federal resources or that will be reimbursed is— had been reported from the Committee from Federal funds or other Federal re- (A) made by a Federal agency, a Federal con- on Governmental Affairs, with an sources. tractor, or a governmental or other organization amendment. ø(e) APPLICATION.—This section— administering a Federal program or activity; [Strike the part shown in black ø(1) applies with respect to the administra- and brackets and insert the part shown in tion of programs, and improper payments (B) derived from Federal funds or other Fed- italic.] under programs, in fiscal years after fiscal eral resources or that will be reimbursed from H.R. 4878 year 2002; and Federal funds or other Federal resources. ø(2) requires the inclusion of estimates (e) APPLICATION.—This section— Be it enacted by the Senate and House of Rep- under subsection (b)(2) only in annual budget (1) applies with respect to the administration resentatives of the United States of America in submissions for fiscal years after fiscal year of programs, and improper payments under pro- Congress assembled, 2003. grams, in fiscal years after fiscal year 2002; and ø SECTION 1. SHORT TITLE. ø(f) GUIDANCE BY THE OFFICE OF MANAGE- (2) requires the inclusion of estimates under ø This Act may be cited as the ‘‘Improper MENT AND BUDGET.—The Director of the Of- subsection (b)(2) only in annual budget submis- Payments Information Act of 2002’’. fice of Management and Budget shall pre- sions for fiscal years after fiscal year 2003. ø SEC. 2. ESTIMATES OF IMPROPER PAYMENTS scribe guidance to implement the require- (f) GUIDANCE BY THE OFFICE OF MANAGEMENT AND REPORTS ON ACTIONS TO RE- ments of this section.¿ AND BUDGET.—Not later than 6 months after the DUCE THEM. SECTION 1. SHORT TITLE. date of enactment of this Act, the Director of ø(a) IDENTIFICATION OF SUSCEPTIBLE PRO- This Act may be cited as the ‘‘Improper Pay- the Office of Management and Budget shall pre- GRAMS AND ACTIVITIES.—The head of each ments Information Act of 2002’’. scribe guidance to implement the requirements agency shall, in accordance with guidance of this section. prescribed by the Director of the Office of SEC. 2. ESTIMATES OF IMPROPER PAYMENTS AND REPORTS ON ACTIONS TO REDUCE Mr. REID. Mr. President, I ask unan- Management and Budget, annually review all THEM. programs and activities that it administers (a) IDENTIFICATION OF SUSCEPTIBLE PRO- imous consent that the committee sub- and identify all such programs and activities GRAMS AND ACTIVITIES.—The head of each agen- stitute be agreed to, the bill, as amend- that may be susceptible to significant im- cy shall, in accordance with guidance prescribed ed, be read a third time and passed, the proper payments. by the Director of the Office of Management motion to reconsider be laid upon the ø(b) ESTIMATION OF IMPROPER PAYMENT.— and Budget, annually review all programs and With respect to each program and activity table, with no intervening action or de- activities that it administers and identify all identified under subsection (a), the head of bate, and that any statements relating such programs and activities that may be sus- the agency concerned shall— to the measure be printed in the ceptible to significant improper payments. ø(1) estimate the annual amount of im- RECORD. (b) ESTIMATION OF IMPROPER PAYMENT.—With proper payments; and respect to each program and activity identified The PRESIDING OFFICER. Without ø (2) include that estimate in its annual under subsection (a), the head of the agency objection, it is so ordered. budget submission. The committee amendment in the ø concerned shall— (c) REPORTS ON ACTIONS TO REDUCE IM- (1) estimate the annual amount of improper nature of a substitute was agreed to. PROPER PAYMENTS.—With respect to any pro- payments; and gram or activity of an agency with esti- The bill (H.R. 4878), as amended, was (2) submit those estimates to Congress before read a third time and passed. mated improper payments under subsection March 31 of the following applicable year, with (b) that exceed one percent of the total pro- all agencies using the same method of reporting, f gram or activity budget or $1,000,000 annu- as determined by the Director of the Office of ally (whichever is less), the head of the agen- THE MEDICAL DEVICE USER FEE Management and Budget. AND MODERNIZATION ACT OF 2002 cy shall provide with the estimate under sub- (c) REPORTS ON ACTIONS TO REDUCE IM- section (b) a report on what actions the PROPER PAYMENTS.—With respect to any pro- Mr. REID. Mr. President, I ask unan- agency is taking to reduce the improper pay- gram or activity of an agency with estimated im- imous consent the Senate proceed to ments, including— proper payments under subsection (b) that ex- the consideration of H.R. 5651. ø(1) a statement of whether the agency has ceed $10,000,000, the head of the agency shall the information systems and other infra- The PRESIDING OFFICER. The provide with the estimate under subsection (b) a clerk will report the bill by title. structure it needs in order to reduce im- report on what actions the agency is taking to proper payments to minimal cost-effective reduce the improper payments, including— The legislative clerk read as follows: levels; (1) a discussion of the causes of the improper A bill (H.R. 5651) to amend the Federal ø(2) if the agency does not have such sys- payments identified, actions taken to correct Food, Drug and Cosmetic Act to make im- tems and infrastructure, a description of the those causes, and results of the actions taken to provements in the regulation of medical de- resources the agency has requested in its address those causes; vices, and for other purposes. budget submission to obtain the necessary (2) a statement of whether the agency has the There being no objection, the Senate information systems and infrastructure; and information systems and other infrastructure it ø(3) a description of the steps the agency needs in order to reduce improper payments to proceeded to consider the bill. has taken to ensure that agency managers minimal cost-effective levels; Mr. KENNEDY. Mr. President, I am (including the agency head) are held ac- (3) if the agency does not have such systems pleased to support passage of H.R. 5651, countable for reducing improper payments. and infrastructure, a description of the re- ‘‘The Medical Device User Fee and

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00122 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 17, 2002 CONGRESSIONAL RECORD — SENATE S10753 Modernization Act of 2002.’’ Just as manner, it has frequently lacked the ciate Commissioner Peggy Dotzell, As- passage of a user-fee program was a resources and staff to achieve similar sociate Commissioner Amit Sachdev, breakthrough in the regulation of crit- success with the most sophisticated de- Center for Devices Director David ical prescription drugs, this legislation vices, which require premarket ap- Feigel, Linda Kahan, and Frank is a breakthrough in regulation of life- proval. Claunts. saving medical devices, devices that Under this legislation, device compa- I want to recognize the hard work can open blocked arteries, keep hearts nies will pay the FDA fees for the ap- and dedication of Michael Myers, David beating, save the lives of stroke pa- plication they submit for review. These Nexon, David Dorsey, and Paul Kim on tients, and diagnose deadly cancers in fees will raise nearly $150 million over my staff, as well as Vince Ventimiglia time for effective treatment. the next 5 years. The legislation also with Senator GREGG, Pat Morrisey, and Currently, because FDA lacks ade- calls for tens of millions of dollars in Brent Delmonte with Congressman quate resources, too many critical de- newly appropriated funding for the TAUZIN, and John Ford and David Nel- vices are unnecessarily slowed in their FDA’s device center. son with Congressman DINGELL. progress to patients’ bedsides by the These funds will be devoted to re- Let me also recognize the contribu- regulatory process. At the same time, viewing device applications and to as- tions of Patti Unruh and Richard careful FDA oversight is essential to suring the post-market safety of de- McKeon with Senator WELLSTONE, Lisa assure that patients not suffer serious vices. I am pleased that the legislation German and Daborah Wolf with Sen- ator JACK REED, Adam Gluck with Sen- injury or even lose their lives because authorizes an additional $3 million in ator HARKIN, Deborah Barrett and of devices which are unsafe or ineffec- fiscal year 2003 and $6 million in fiscal Stephanie Sikora with Senator DODD, tive. year 2004 for the post-market surveil- Christina Ho with Senator CLINTON, By assessing a modest fee on device lance of medical devices. Rhonda Richards with Senator MIKUL- manufacturers, raising the level of ap- I want to acknowledge the contribu- SKI, Anne Grady with Senator MURRAY, propriated funds, and setting ambitious tions of Senator HATCH in ensuring Dean Rosen with Senator FRIST, Anne performance targets for the FDA, this that the user fees are fair and equitable to small businesses and startup compa- Marie Murphy with Senator DURBIN, bill is just what the doctor ordered to Bruce Artim and Trisha Knight with speed life-saving devices to the market nies. The user-fee program will sunset Senator HATCH, Karen Nelson and Ann while protecting the public health. after 5 years, allowing Congress to re- Witt with Congressman WAXMAN, and The goal of establishing a user-fee view whether it has expedited the re- Steve Tilton with Congressman BILI- program for medical devices is one that view of devices and whether improve- RAKIS. I have pursued for more than a decade. ments are needed to better assure pub- I ask my colleagues to join me in I am gratified that this legislation fi- lic health and safety. supporting passage of H.R. 5651, ‘‘The nally brings that goal to fruition. It In addition to medical device user Medical Device User Fee and Mod- will mean life and hope for thousands fees, the legislation strengthens the ernization Act of 2002.’’ of patients each year. FDA’s regulation of reprocessed de- Mr. GREGG. Mr. President, I would The legislation also improves regula- vices. I believe that the American peo- like to make a few comments con- tion of potentially faulty and harmful ple will greatly benefit from the new cerning the Medical Device User Fee reprocessed devices. Patients deserve requirements for substantial equiva- and Modernization Act of 2002, which to know that the devices that are used lence determinations and premarket was passed by both the House and Sen- in their medical treatment are safe and approvals of such devices. I am particu- ate earlier this morning. effective, whether they are being used larly pleased that there are robust re- This legislation was the product of a for the first time or whether they are quirements for the assurance of safety tremendous amount of hard work— being reused. and effectiveness of any reprocessed from folks in both Chambers and on The legislation provides for a new re- class III devices, such as angioplasty both sides of the aisle—and includes gime of third party inspections for de- balloons or heart valves. the most significant improvements in vice manufacturers who manufacture Finally, the legislation authorizes a the way medical devices are reviewed products for both the United States 10-year program for third-party inspec- and regulated, arguably since 1976. More importantly, these changes will and export. This regime will reduce du- tions of device manufacturing plants. have a very positive and lasting impact plicative inspections, while assuring This will enable FDA to better target that FDA remains the final arbiter and on both patients and consumers. its enforcement resources—resources The legislation accomplishes this in safety check on the quality of the man- that we also increase in the legislation. ufacturing process for medical devices. several ways: To ensure that third parties operate User Fees: First, it ensures adequate For many years, the FDA’s Center appropriately, the bill places impor- for devices and Radiological Health, resources for the Food and Drug Ad- tant controls over conflicts of interest ministration (FDA), by creating a new CDRH, has needed additional funding and places third parties at risk of sig- and staff to better assure the safety user-fee program, modeled after the nificant civil monetary, criminal, and one used to review drugs and bio- and effectiveness of new and innovative debarment penalties, if they act in a logics—which has been incredibly suc- medical technologies. As the coauthor manner inconsistent with public health cessful. of the Medical device User Fee Act of and safety. FDA resources at the device center 1994, I have long advocated medical de- Moreover, the bill limits inspections have dramatically declined in the last vice user fees and I am proud that we to plants which manufacture devices 10 years, resulting in significant staff have finally secured such funding for export, and ensures that FDA con- turn-over (as high as 10%) and in- through a fair and efficient system of duct every third inspection before addi- creased review times (more than 400 user fees. tional third-party inspections take days per submission when the statute This legislation will provide great place. requires reviews of 180 days). benefits to patient health and safety. I Let me acknowledge the important By charging manufacturers a reason- am confident that these fees will as- work of Congressmen TAUZIN, DINGELL, able fee for reviewing their products, sure greater certainty for consumers GREENWOOD, Congresswoman ESHOO, FDA can hire more staff, meet review and manufacturers that the FDA can and Senator GREGG, the ranking mem- deadlines, and ensure that patients meet its statutory responsibilities for ber of the Committee on Health, Edu- have timely access to the newest, most the timely and thorough review of cation, Labor, and Pensions, in draft- innovative medical technologies. I par- medical devices. ing this legislation. I also want to ac- ticularly want to thank my friend from Under Federal law, medical devices knowledge the leadership role played Utah, Senator HATCH, for his work on must be reviewed by the FDA prior to by Senator WELLSTONE in moving this this issue. marketing. These reviews must be legislation through the Senate, and by Moreover, in order to protect some of completed in accordance with ambi- Senator DURBIN in enduring strong pro- the smaller companies—including a tious statutory timeframes. While the tections over reprocessed devices. substantial number in New Hamp- FDA has done an excellent job of re- I would like to thank FDA Deputy shire—the bill in many cases exempt or viewing lower risk devices in a timely Commissioner Lester Crawford, Asso- significantly reduce these fees.

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00123 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10754 CONGRESSIONAL RECORD — SENATE October 17, 2002 Re-Use: Second, the legislation pro- I support this legislation because, for these programs, expands access to vides greater protection to patients first and foremost, it could increase health centers, improves existing from reused and reprocessed medical the quality of patient care. At the health infrastructures and takes steps devices. The bill ensures that medical same time, it will also prove beneficial to improve the recruitment and reten- devices—especially some of the more to the manufacturers who make these tion of health professionals in under- delicate, high risk products, such as devices, and the hospitals and health served areas. angioplasty balloons—are not used care providers that use them. By cre- A key component of the bill is an in- over and over again on different pa- ating a system of user fees for FDA ap- crease in funding for the Consolidated tients without first demonstrating that proval of medical devices, we are en- Health Centers program, providing this can be done safely and reliably. suring that life-improving and life-sav- more than $1.3 billion for this program. On that note, I would especially like ing technologies will be available on This increase further demonstrates the to thank Senator DURBIN for his in- the market in a more efficient and commitment to this program, which valuable assistance in working with us timely manner. Put more simply, this today serves more than 9 million peo- to craft this very important provision. bill could save lives. In creating a user ple each year. This is critical to I believe that it will save a great many fee structure, we are expanding a achieving President Bush’s goal of dou- lives. The legislation that he and I model that has already proven dra- bling the number of community health worked on this summer and have intro- matically successful in the prescrip- centers across America. duced separately today represents the tion drug market. In 1996, the Health Centers Consolida- foundation for the final product in- This bill will also have a positive im- tion Act reauthorized the community cluded in this bill. pact on patient safety by expanding health centers, the migrant health cen- Third-Party Inspections: Third, it in- FDA regulation of the medical device ters, health centers for the homeless, creases the frequency and quality of in- reprocessing industry. Device reproc- and health centers for residents of pub- spections of medical device manufac- essing can certainly be beneficial when lic housing until 2001. Today, our na- turing facilities—both here and used appropriately. There are environ- tion’s health centers face difficult en- abroad—by allowing inspections from mental benefits, as well as cost savings vironmental and operational chal- FDA-accredited third-parties. for hospitals. However, we must ensure lenges. Not only do they serve a signifi- On average, the FDA is currently that patient safety is not sacrificed. cant number of uninsured and increas- able to inspect a U.S. facility only once This legislation will do that by pro- ing numbers of immigrants, but health every 7 years, and foreign facilities viding us with a better understanding centers are also affected by aging fa- once every 11 years. This is unaccept- of the impact that reprocessing has on cilities and difficulties in recruitment, able and in direct contravention to the the safety and efficacy of devices, and retention, and retraining of health cen- current statutory requirement for in- allowing the FDA to prevent the re- ter leadership. Today’s legislation re- spections every 2 years. sponds to those difficulties in order to By augmenting FDA’s inspection ca- processing of devices when safety is in reinforce the important work being pabilities, we will help ensure that question. Again, I thank my colleagues for done by our Nation’s health centers. these medical devices are being manu- The bill also expands and strengthens factured in accordance with estab- working so diligently to come to this the National Health Service Corps, a lished manufacturing practices. agreement, and I proudly support this program that has placed over 20,000 Modernizing FDA: Finally, the bill legislation. brings FDA regulation into the 21st f health care providers in health profes- century, by instituting electronic la- sional shortage areas in the last 30 HEALTH CARE SAFETY NET years. Presently, over 4 million people beling, electronic registration, and AMENDMENTS ACT modular reviews of applications. It also currently receive care from National Mr. FRIST. Mr. President, I am establishes a more effective review Health Service Corps clinicians. How- pleased to speak today on behalf of the process for the fastest wave of innova- ever, to help communities meet their tive combination biotechnologies, in- Health Care Safety Net Amendments basic health care needs, more clini- cluding drug and biologics coated Act, which passed the House of Rep- cians are needed in these areas. The stents, drug pumps, and engineered tis- resentatives by a wide margin earlier legislation improves recruitment and sues. this week. I urge my colleagues to sup- retention of health care professionals Working together, these changes will port this critical bill. This legislation through expanded use of scholarship give FDA the tools it needs to work represents an important next step to- and loan repayment programs and more effectively, and to get the next wards improving the quality and avail- added flexibility for local communities. generation of life-saving medical de- ability of health care services for our Finally, data indicates that unin- vices into the hands of doctors and pa- nation’s uninsured and medically un- sured individuals receive most of their tients more quickly than ever before. derserved. care from private health care providers I am also pleased to report that this This critical legislation strengthens and that private hospitals bear over 60 legislation is widely supported by the our Nation’s health care safety net and percent of the costs of uncompensated administration, FDA, patient/consumer is vital to helping millions of unin- care; and private, office-based physi- groups, industry, and provider/hospital sured Americans get the health care cians provide more than 75 percent of groups. they need. Far too many Americans the ambulatory care for uninsured pa- I am proud of what we have been able lack health insurance today. We must tients with Medicaid coverage. Given to accomplish here today and believe tackle this problem head on to reduce this, today’s bill takes into account that this legislation will have a tre- the number of people who are not re- safety net providers other than those mendous positive impact on people’s ceiving care. This bill takes important supported by Consolidated Health Cen- lives as they enjoy the benefits of steps to expand access to care and re- ters and the National Health Service today and tomorrow’s medical tech- sponds to the challenges providers, par- Corp, such as local hospitals and emer- nology. ticularly our community health cen- gency room departments, public health Mr. DODD. Mr. President, I would ters, face. departments, home health agencies, like to applaud my colleagues in both The Health Care Safety Net Amend- and many other health care organiza- the House and the Senate, particularly ments Act reauthorizes the Consoli- tions, through the establishment of the Congressman BILLY TAUZIN, Congress- dated Health Center program, the Na- Healthy Communities Access Program man JOHN DINGELL, Senator JUDD tional Health Service Corps and the that seeks to integrate all of the safety GREGG, and Senator TED KENNEDY, for rural health outreach and telehealth net providers within a community. reaching a compromise on this impor- grant programs, and establishes the I appreciate the hard work and dedi- tant legislation. I know that there Healthy Communities Access Program. cation to this issue among my col- were several difficult issues to be nego- Together, these programs represent our leagues, including Senators KENNEDY, tiated, and I am pleased that we were first line of defense in providing health GREGG and BOND and Representatives able to reach a bipartisan agreement care to the nation’s uninsured and un- TAUZIN, DINGELL, BILIRAKIS and BROWN. before the end of this Congress. derserved. The bill increases funding I also appreciate the hard work of my

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00124 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 17, 2002 CONGRESSIONAL RECORD — SENATE S10755 staff, Shana Christrup, Craig Burton and underinsured, and for other pur- (1) in subsection (b)(1)(A)— and Dean Rosen, on this important bill. poses. (A) in clause (i)(III)(bb), by striking ‘‘screen- Mr. REED. Mr. President, I rise to The PRESIDING OFFICER laid being for breast and cervical cancer’’ and inserting ‘‘appropriate cancer screening’’; express my reservations with the Med- fore the Senate the following message (B) in clause (ii), by inserting ‘‘(including spe- ical Device User Fee and Moderniza- from the House of Representatives: cialty referral when medically indicated)’’ after tion Act of 2002. While the legislation Amendment: ‘‘medical services’’; and offers some improvements to the cur- Strike out all after the enacting clause and (C) in clause (iii), by inserting ‘‘housing,’’ rent medical device approval and regu- insert: after ‘‘social,’’; lation process, I have serious concerns SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (2) in subsection (b)(2)— (A) in subparagraph (A)(i), by striking ‘‘asso- about some aspects of the bill and (a) SHORT TITLE.—This Act may be cited as the ‘‘Health Care Safety Net Amendments of ciated with water supply;’’ and inserting the about the process leading to its im- 2002’’. following: ‘‘associated with— pending passage in the Senate. (b) TABLE OF CONTENTS.—The table of con- ‘‘(I) water supply; User fees will allow the Food and tents for this Act is as follows: ‘‘(II) chemical and pesticide exposures; Drug Administration, FDA, to expedite ‘‘(III) air quality; or Sec. 1. Short title; table of contents. ‘‘(IV) exposure to lead;’’; the review and approval of medical de- TITLE I—CONSOLIDATED HEALTH CENTER (B) by redesignating subparagraphs (A) and vices, resulting in faster patient access PROGRAM AMENDMENTS (B) as subparagraphs (C) and (D), respectively; to new and potentially lifesaving tech- Sec. 101. Health centers. and nologies. Third party inspections simi- Sec. 102. Telemedicine; incentive grants regard- (C) by inserting before subparagraph (C) (as larly have the potential to enhance the ing coordination among States. so redesignated by subparagraph (B)) the fol- agency’s ability to ensure that manu- TITLE II—RURAL HEALTH lowing: ‘‘(A) behavioral and mental health and sub- facturing sites are meeting FDA qual- Subtitle A—Rural Health Care Services Out- stance abuse services; ity standards for device production. reach, Rural Health Network Development, ‘‘(B) recuperative care services;’’; And regulating the reprocessing of sin- and Small Health Care Provider Quality Im- (D) in subparagraph (B)— gle use devices should be a positive provement Grant Programs (3) in subsection (c)(1)— step for the safe use of these devices. Sec. 201. Grant programs. (A) in subparagraph (B)— (i) in the heading, by striking ‘‘COMPREHEN- All of these elements of the legislation, Subtitle B—Telehealth Grant Consolidation SIVE SERVICE DELIVERY’’ and inserting ‘‘MAN- however, carry significant potential Sec. 211. Short title. AGED CARE’’; risk. In our attempts to enhance the ef- Sec. 212. Consolidation and reauthorization of (ii) in the matter preceding clause (i), by strik- ficiency of an agency to which we are provisions. ing ‘‘network or plan’’ and all that follows to not able to give adequate appropria- Subtitle C—Mental Health Services Telehealth the period and inserting ‘‘managed care net- tions, we run the risk of undermining Program and Rural Emergency Medical Serv- work or plan.’’; and FDA’s scientific and policy authority ice Training and Equipment Assistance Pro- (iii) in the matter following clause (ii), by striking ‘‘Any such grant may include’’ and all and its vital public health mission. gram Sec. 221. Programs. that follows through the period; and It will be up to the Senate Health, (B) by adding at the end the following: TITLE III—NATIONAL HEALTH SERVICE Education, Labor and Pensions Com- ‘‘(C) PRACTICE MANAGEMENT NETWORKS.—The mittee, of which I am a member, to pay CORPS PROGRAM Secretary may make grants to health centers close attention to the health and safe- Sec. 301. National Health Service Corps. that receive assistance under this section to en- ty implications of these provisions as Sec. 302. Designation of health professional able the centers to plan and develop practice shortage areas. they are implemented. As part of that management networks that will enable the cen- Sec. 303. Assignment of Corps personnel. ters to— ongoing oversight, the committee Sec. 304. Priorities in assignment of Corps per- ‘‘(i) reduce costs associated with the provision should review and evaluate the manner sonnel. of health care services; in which the bill was written and Sec. 305. Cost-sharing. ‘‘(ii) improve access to, and availability of, passed. While I understand the impor- Sec. 306. Eligibility for Federal funds. health care services provided to individuals tance of this legislation, I am deeply Sec. 307. Facilitation of effective provision of served by the centers; Corps services. troubled by the lack of a formal proc- ‘‘(iii) enhance the quality and coordination of Sec. 308. Authorization of appropriations. health care services; or ess in its development and consider- Sec. 309. National Health Service Corps Schol- ‘‘(iv) improve the health status of commu- ation. I assure you and my colleagues arship Program. nities. that I will be paying close attention as Sec. 310. National Health Service Corps Loan ‘‘(D) USE OF FUNDS.—The activities for which these new provisions are implemented Repayment Program. a grant may be made under subparagraph (B) or in the coming months, and I urge my Sec. 311. Obligated service. (C) may include the purchase or lease of equip- Sec. 312. Private practice. ment, which may include data and information colleagues to do likewise to protect the Sec. 313. Breach of scholarship contract or loan public health and maintain the vital systems (including paying for the costs of amor- repayment contract. tizing the principal of, and paying the interest mission of the FDA. Sec. 314. Authorization of appropriations. on, loans for equipment), the provision of train- Mr. REID. Mr. President, I ask unan- Sec. 315. Grants to States for loan repayment ing and technical assistance related to the pro- imous consent that the bill be read a programs. vision of health care services on a prepaid basis third time and passed, the motion to Sec. 316. Demonstration grants to States for or under another managed care arrangement, reconsider be laid upon the table, and community scholarship programs. and other activities that promote the develop- that any statements relating to this Sec. 317. Demonstration project. ment of practice management or managed care TITLE IV—HEALTHY COMMUNITIES matter be printed in the RECORD with networks and plans.’’; ACCESS PROGRAM no intervening action or debate. (4) in subsection (d)— (A) by striking the subsection heading and in- The PRESIDING OFFICER. Without Sec. 401. Purpose. Sec. 402. Creation of Healthy Communities Ac- serting ‘‘LOAN GUARANTEE PROGRAM.—’’; objection, it is so ordered. cess Program. (B) in paragraph (1)— The bill (H.R. 5651) was read a third Sec. 403. Expanding availability of dental serv- (i) in subparagraph (A), by striking ‘‘the prin- time and passed. ices. cipal and interest on loans’’ and all that follows f Sec. 404. Study regarding barriers to participa- through the period and inserting ‘‘up to 90 per- tion of farmworkers in health pro- cent of the principal and interest on loans made HEALTH CARE SAFETY NET grams. by non-Federal lenders to health centers, fund- AMENDMENTS OF 2002 TITLE V—STUDY AND MISCELLANEOUS ed under this section, for the costs of developing Mr. REID. Mr. President, I ask the PROVISIONS and operating managed care networks or plans described in subsection (c)(1)(B), or practice Chair lay before the Senate a message Sec. 501. Guarantee study. management networks described in subsection from the House of Representatives on Sec. 502. Graduate medical education. (c)(1)(C).’’; the bill, S. 1553, to amend the Public TITLE VI—CONFORMING AMENDMENTS (ii) in subparagraph (B)— Health Service Act to reauthorize and Sec. 601. Conforming amendments. (I) in clause (i), by striking ‘‘or’’; strengthen the health centers program (II) in clause (ii), by striking the period and TITLE I—CONSOLIDATED HEALTH CENTER inserting ‘‘; or’’; and and the National Health Service Corps, PROGRAM AMENDMENTS (III) by adding at the end the following: and to establish the Healthy Commu- SEC. 101. HEALTH CENTERS. ‘‘(iii) to refinance an existing loan (as of the nities Access Program, which will help Section 330 of the Public Health Service Act date of refinancing) to the center or centers, if coordinate services for the uninsured (42 U.S.C. 254b) is amended— the Secretary determines—

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00125 Fmt 4624 Sfmt 6333 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10756 CONGRESSIONAL RECORD — SENATE October 17, 2002 ‘‘(I) that such refinancing will be beneficial to vidual is no longer homeless as a result of be- number of clients for whom English is a second the health center and the Federal Government; coming a resident in permanent housing, expend language that is served by such center, and ‘‘(II) that the center (or centers) can dem- the grant to continue to provide such services to larger grant amounts shall be awarded to cen- onstrate an ability to repay the refinanced loan the individual for not more than 12 months.’’; ters serving larger numbers of such clients. equal to or greater than the ability of the center and ‘‘(4) USE OF FUNDS.—An eligible health center (or centers) to repay the original loan on the (C) in paragraph (5)(C) (as redesignated by that receives a grant under this subsection may date the original loan was made.’’; and subparagraph (B)), by striking ‘‘and residential use funds received through such grant to— (iii) by adding at the end the following: treatment’’ and inserting ‘‘, risk reduction, out- ‘‘(A) provide translation, interpretation, and ‘‘(D) PROVISION DIRECTLY TO NETWORKS OR patient treatment, residential treatment, and re- other such services for clients for whom English PLANS.—At the request of health centers receiv- habilitation’’; is a second language, including hiring profes- ing assistance under this section, loan guaran- (7) in subsection (j)(3)— sional translation and interpretation services; tees provided under this paragraph may be (A) in subparagraph (E)— and made directly to networks or plans that are at (i) in clause (i)— ‘‘(B) compensate bilingual or multilingual least majority controlled and, as applicable, at (I) by striking ‘‘(i)’’ and inserting ‘‘(i)(I)’’; staff for language assistance services provided least majority owned by those health centers. (II) by striking ‘‘plan; or’’ and inserting by the staff for such clients. ‘‘(E) FEDERAL CREDIT REFORM.—The require- ‘‘plan; and’’; and ‘‘(5) APPLICATION.—An eligible health center ments of the Federal Credit Reform Act of 1990 (III) by adding at the end the following: desiring a grant under this subsection shall sub- (2 U.S.C. 661 et seq.) shall apply with respect to ‘‘(II) has or will have a contractual or other mit an application to the Secretary at such time, loans refinanced under subparagraph (B)(iii).’’; arrangement with the State agency admin- in such manner, and containing such informa- and istering the program under title XXI of such Act tion as the Secretary may reasonably require, (C)(i) by striking paragraphs (6) and (7); and (42 U.S.C. 1397aa et seq.) with respect to indi- including— (ii) by redesignating paragraph (8) as para- viduals who are State children’s health insur- ‘‘(A) an estimate of the number of clients that graph (6); ance program beneficiaries; or’’; and the center serves for whom English is a second (4) in subsection (e)— (ii) by striking clause (ii) and inserting the language; (A) in paragraph (1)— following: ‘‘(B) the ratio of the number of clients for (i) in subparagraph (B), by striking ‘‘sub- ‘‘(ii) has made or will make every reasonable whom English is a second language to the total section (j)(3)’’ and inserting ‘‘subsection (k)(3)’’; effort to enter into arrangements described in number of clients served by the center; and subclauses (I) and (II) of clause (i);’’; ‘‘(C) a description of any language assistance (ii) by adding at the end the following: (B) in subparagraph (G)— services that the center proposes to provide to ‘‘(C) OPERATION OF NETWORKS AND PLANS.— (i) in clause (ii)(II), by striking ‘‘; and’’ and aid clients for whom English is a second lan- The Secretary may make grants to health cen- inserting ‘‘;’’; guage; and ters that receive assistance under this section, or (ii) by redesignating clause (iii) as clause (iv); ‘‘(D) a description of the exceptional needs of at the request of the health centers, directly to and such center with respect to linguistic access or a a network or plan (as described in subpara- (iii) by inserting after clause (ii) the following: description of the exceptional challenges faced graphs (B) and (C) of subsection (c)(1)) that is ‘‘(iii)(I) will assure that no patient will be de- by such center with respect to linguistic access. at least majority controlled and, as applicable, nied health care services due to an individual’s ‘‘(6) AUTHORIZATION OF APPROPRIATIONS.— at least majority owned by such health centers inability to pay for such services; and There are authorized to be appropriated to carry receiving assistance under this section, for the ‘‘(II) will assure that any fees or payments re- out this subsection, in addition to any funds au- costs associated with the operation of such net- quired by the center for such services will be re- thorized to be appropriated or appropriated for work or plan, including the purchase or lease of duced or waived to enable the center to fulfill health centers under any other subsection of equipment (including the costs of amortizing the the assurance described in subclause (I); and’’; this section, such sums as may be necessary for principal of, and paying the interest on, loans (C) in subparagraph (H), in the matter fol- each of fiscal years 2002 through 2006.’’; for equipment).’’; lowing clause (iii), by striking ‘‘or (p)’’ and in- (9) by striking subsection (m) (as redesignated (B) in paragraph (5)— serting ‘‘or (q)’’; by paragraph (9)(B)) and inserting the fol- (i) in subparagraph (A), by inserting ‘‘sub- (D) in subparagraph (K)(ii), by striking lowing: paragraphs (A) and (B) of’’ after ‘‘any fiscal ‘‘and’’ at the end; ‘‘(m) TECHNICAL ASSISTANCE.—The Secretary year under’’; (E) in subparagraph (L), by striking the pe- shall establish a program through which the (ii) by redesignating subparagraphs (B) and riod and inserting ‘‘; and’’; and Secretary shall provide technical and other as- (C) as subparagraphs (C) and (D), respectively; (F) by inserting after subparagraph (L), the sistance to eligible entities to assist such entities and following: to meet the requirements of subsection (l)(3). (iii) by inserting after subparagraph (A) the ‘‘(M) the center encourages persons receiving Services provided through the program may in- following: or seeking health services from the center to clude necessary technical and nonfinancial as- ‘‘(B) NETWORKS AND PLANS.—The total participate in any public or private (including sistance, including fiscal and program manage- amount of grant funds made available for any employer-offered) health programs or plans for ment assistance, training in fiscal and program fiscal year under paragraph (1)(C) and subpara- which the persons are eligible, so long as the management, operational and administrative graphs (B) and (C) of subsection (c)(1) to a center, in complying with this subparagraph, support, and the provision of information to the health center or to a network or plan shall be does not violate the requirements of subpara- entities of the variety of resources available determined by the Secretary, but may not exceed graph (G)(iii)(I).’’; under this title and how those resources can be 2 percent of the total amount appropriated (8)(A) by redesignating subsection (l) as sub- best used to meet the health needs of the com- under this section for such fiscal year.’’; and section (s) and moving that subsection (s) to the munities served by the entities.’’; (C) by redesignating paragraphs (4) and (5) as end of the section; (10) in subsection (q) (as redesignated by paragraphs (3) and (4), respectively; (B) by redesignating subsections (j), (k), and paragraph (9)(B)), by striking ‘‘(j)(3)(G)’’ and (5) in subsection (g)— (m) through (q) as subsections (n), (o), and (p) inserting ‘‘(l)(3)(G)’’; and (A) in paragraph (2)— through (s), respectively; and (11) in subsection (s) (as redesignated by para- (i) in subparagraph (A), by inserting ‘‘and (C) by inserting after subsection (i) the fol- graph (9)(A))— seasonal agricultural worker’’ after ‘‘agricul- lowing: (A) in paragraph (1), by striking tural worker’’; and ‘‘(j) ACCESS GRANTS.— ‘‘$802,124,000’’ and all that follows through the (ii) in subparagraph (B), by striking ‘‘and ‘‘(1) IN GENERAL.—The Secretary may award period and inserting ‘‘$1,340,000,000 for fiscal members of their families’’ and inserting ‘‘and grants to eligible health centers with a substan- year 2002 and such sums as may be necessary seasonal agricultural workers, and members of tial number of clients with limited English for each of the fiscal years 2003 through 2006.’’; their families,’’; and speaking proficiency to provide translation, in- (B) in paragraph (2)— (B) in paragraph (3)(A), by striking ‘‘on a terpretation, and other such services for such (i) in subparagraph (A)— seasonal basis’’; clients with limited English speaking pro- (I) by striking ‘‘(j)(3))’’ and inserting (6) in subsection (h)— ficiency. ‘‘(l)(3))’’; and (A) in paragraph (1), by striking ‘‘homeless ‘‘(2) ELIGIBLE HEALTH CENTER.—In this sub- (II) by striking ‘‘(j)(3)(G)(ii)’’ and inserting children and children at risk of homelessness’’ section, the term ‘eligible health center’ means ‘‘(l)(3)(H)’’; and and inserting ‘‘homeless children and youth and an entity that— (ii) by striking subparagraph (B) and insert- children and youth at risk of homelessness’’; ‘‘(A) is a health center as defined under sub- ing the following: (B)(i) by redesignating paragraph (4) as para- section (a); ‘‘(B) DISTRIBUTION OF GRANTS.—For fiscal graph (5); and ‘‘(B) provides health care services for clients year 2002 and each of the following fiscal years, (ii) by inserting after paragraph (3) the fol- for whom English is a second language; and the Secretary, in awarding grants under this lowing: ‘‘(C) has exceptional needs with respect to lin- section, shall ensure that the proportion of the ‘‘(4) TEMPORARY CONTINUED PROVISION OF guistic access or faces exceptional challenges amount made available under each of sub- SERVICES TO CERTAIN FORMER HOMELESS INDI- with respect to linguistic access. sections (g), (h), and (i), relative to the total VIDUALS.—If any grantee under this subsection ‘‘(3) GRANT AMOUNT.—The amount of a grant amount appropriated to carry out this section has provided services described in this section awarded to a center under this subsection shall for that fiscal year, is equal to the proportion of under the grant to a homeless individual, such be determined by the Administrator. Such deter- the amount made available under that sub- grantee may, notwithstanding that the indi- mination of such amount shall be based on the section for fiscal year 2001, relative to the total

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amount appropriated to carry out this section ‘‘(e) RURAL HEALTH CARE SERVICES OUTREACH ‘‘(C) shall not previously have received a for fiscal year 2001.’’. GRANTS.— grant under this subsection (other than a grant SEC. 102. TELEMEDICINE; INCENTIVE GRANTS RE- ‘‘(1) GRANTS.—The Director may award grants for planning activities) for the same or a similar GARDING COORDINATION AMONG to eligible entities to promote rural health care project. STATES. services outreach by expanding the delivery of ‘‘(3) APPLICATIONS.—To be eligible to receive a (a) IN GENERAL.—The Secretary of Health and health care services to include new and en- grant under this subsection, an eligible entity, Human Services may make grants to State pro- hanced services in rural areas. The Director in consultation with the appropriate State office fessional licensing boards to carry out programs may award the grants for periods of not more of rural health or another appropriate State en- under which such licensing boards of various than 3 years. tity, shall prepare and submit to the Secretary States cooperate to develop and implement State ‘‘(2) ELIGIBILITY.—To be eligible to receive a an application, at such time, in such manner, policies that will reduce statutory and regu- grant under this subsection for a project, an en- and containing such information as the Sec- latory barriers to telemedicine. tity— retary may require, including— (b) AUTHORIZATION OF APPROPRIATIONS.—For ‘‘(A) shall be a rural public or rural nonprofit ‘‘(A) a description of the project that the eligi- the purpose of carrying out subsection (a), there private entity; ble entity will carry out using the funds pro- are authorized to be appropriated such sums as ‘‘(B) shall represent a consortium composed of vided under the grant; may be necessary for each of the fiscal years members— ‘‘(B) an explanation of the reasons why Fed- 2002 through 2006. ‘‘(i) that include 3 or more health care pro- eral assistance is required to carry out the project; TITLE II—RURAL HEALTH viders; and ‘‘(ii) that may be nonprofit or for-profit enti- ‘‘(C) a description of— Subtitle A—Rural Health Care Services Out- ties; and ‘‘(i) the history of collaborative activities car- reach, Rural Health Network Development, ‘‘(C) shall not previously have received a ried out by the participants in the network; and Small Health Care Provider Quality ‘‘(ii) the degree to which the participants are grant under this subsection for the same or a Improvement Grant Programs ready to integrate their functions; and similar project, unless the entity is proposing to SEC. 201. GRANT PROGRAMS. ‘‘(iii) how the local community or region to be expand the scope of the project or the area that served will benefit from and be involved in the Section 330A of the Public Health Service Act will be served through the project. (42 U.S.C. 254c) is amended to read as follows: activities carried out by the network; ‘‘(3) APPLICATIONS.—To be eligible to receive a ‘‘(D) a description of how the local community ‘‘SEC. 330A. RURAL HEALTH CARE SERVICES OUT- grant under this subsection, an eligible entity, REACH, RURAL HEALTH NETWORK or region to be served will experience increased in consultation with the appropriate State office access to quality health care services across the DEVELOPMENT, AND SMALL HEALTH of rural health or another appropriate State en- CARE PROVIDER QUALITY IMPROVE- continuum of care as a result of the integration MENT GRANT PROGRAMS. tity, shall prepare and submit to the Secretary activities carried out by the network; ‘‘(a) PURPOSE.—The purpose of this section is an application, at such time, in such manner, ‘‘(E) a plan for sustaining the project after to provide grants for expanded delivery of and containing such information as the Sec- Federal support for the project has ended; health care services in rural areas, for the plan- retary may require, including— ‘‘(F) a description of how the project will be ning and implementation of integrated health ‘‘(A) a description of the project that the eligi- evaluated; and care networks in rural areas, and for the plan- ble entity will carry out using the funds pro- ‘‘(G) other such information as the Secretary ning and implementation of small health care vided under the grant; determines to be appropriate. provider quality improvement activities. ‘‘(B) a description of the manner in which the ‘‘(g) SMALL HEALTH CARE PROVIDER QUALITY ‘‘(b) DEFINITIONS.— project funded under the grant will meet the IMPROVEMENT GRANTS.— ‘‘(1) GRANTS.—The Director may award grants ‘‘(1) DIRECTOR.—The term ‘Director’ means health care needs of rural underserved popu- the Director specified in subsection (d). lations in the local community or region to be to provide for the planning and implementation ‘‘(2) FEDERALLY QUALIFIED HEALTH CENTER; served; of small health care provider quality improve- RURAL HEALTH CLINIC.—The terms ‘Federally ‘‘(C) a description of how the local community ment activities. The Director may award the qualified health center’ and ‘rural health clinic’ or region to be served will be involved in the de- grants for periods of 1 to 3 years. have the meanings given the terms in section velopment and ongoing operations of the ‘‘(2) ELIGIBILITY.—To be eligible for a grant 1861(aa) of the Social Security Act (42 U.S.C. project; under this subsection, an entity— ‘‘(A)(i) shall be a rural public or rural non- 1395x(aa)). ‘‘(D) a plan for sustaining the project after profit private health care provider or provider of ‘‘(3) HEALTH PROFESSIONAL SHORTAGE AREA.— Federal support for the project has ended; health care services, such as a critical access The term ‘health professional shortage area’ ‘‘(E) a description of how the project will be hospital or a rural health clinic; or means a health professional shortage area des- evaluated; and ‘‘(ii) shall be another rural provider or net- ignated under section 332. ‘‘(F) other such information as the Secretary work of small rural providers identified by the ‘‘(4) MEDICALLY UNDERSERVED COMMUNITY.— determines to be appropriate. Secretary as a key source of local care; and The term ‘medically underserved community’ ‘‘(f) RURAL HEALTH NETWORK DEVELOPMENT GRANTS.— ‘‘(B) shall not previously have received a has the meaning given the term in section 799B. grant under this subsection for the same or a ‘‘(5) MEDICALLY UNDERSERVED POPULATION.— ‘‘(1) GRANTS.— similar project. The term ‘medically underserved population’ ‘‘(A) IN GENERAL.—The Director may award rural health network development grants to eli- ‘‘(3) APPLICATIONS.—To be eligible to receive a has the meaning given the term in section grant under this subsection, an eligible entity, 330(b)(3). gible entities to promote, through planning and implementation, the development of integrated in consultation with the appropriate State office ‘‘(c) PROGRAM.—The Secretary shall establish, of rural health or another appropriate State en- under section 301, a small health care provider health care networks that have combined the functions of the entities participating in the net- tity shall prepare and submit to the Secretary quality improvement grant program. an application, at such time, in such manner, ‘‘(d) ADMINISTRATION.— works in order to— and containing such information as the Sec- ‘‘(1) PROGRAMS.—The rural health care serv- ‘‘(i) achieve efficiencies; ‘‘(ii) expand access to, coordinate, and im- retary may require, including— ices outreach, rural health network develop- ‘‘(A) a description of the project that the eligi- prove the quality of essential health care serv- ment, and small health care provider quality im- ble entity will carry out using the funds pro- ices; and provement grant programs established under vided under the grant; ‘‘(iii) strengthen the rural health care system section 301 shall be administered by the Director ‘‘(B) an explanation of the reasons why Fed- as a whole. of the Office of Rural Health Policy of the eral assistance is required to carry out the ‘‘(B) GRANT PERIODS.—The Director may Health Resources and Services Administration, project; in consultation with State offices of rural health award such a rural health network development ‘‘(C) a description of the manner in which the or other appropriate State government entities. grant for implementation activities for a period project funded under the grant will assure con- ‘‘(2) GRANTS.— of 3 years. The Director may also award such a tinuous quality improvement in the provision of ‘‘(A) IN GENERAL.—In carrying out the pro- rural health network development grant for services by the entity; grams described in paragraph (1), the Director planning activities for a period of 1 year, to as- ‘‘(D) a description of how the local community may award grants under subsections (e), (f), sist in the development of an integrated health or region to be served will experience increased and (g) to expand access to, coordinate, and im- care network, if the proposed participants in the access to quality health care services across the prove the quality of essential health care serv- network do not have a history of collaborative continuum of care as a result of the activities ices, and enhance the delivery of health care, in efforts and a 3-year grant would be inappro- carried out by the entity; rural areas. priate. ‘‘(E) a plan for sustaining the project after ‘‘(B) TYPES OF GRANTS.—The Director may ‘‘(2) ELIGIBILITY.—To be eligible to receive a Federal support for the project has ended; award the grants— grant under this subsection, an entity— ‘‘(F) a description of how the project will be ‘‘(i) to promote expanded delivery of health ‘‘(A) shall be a rural public or rural nonprofit evaluated; and care services in rural areas under subsection (e); private entity; ‘‘(G) other such information as the Secretary ‘‘(ii) to provide for the planning and imple- ‘‘(B) shall represent a network composed of determines to be appropriate. mentation of integrated health care networks in participants— ‘‘(4) EXPENDITURES FOR SMALL HEALTH CARE rural areas under subsection (f); and ‘‘(i) that include 3 or more health care pro- PROVIDER QUALITY IMPROVEMENT GRANTS.—In ‘‘(iii) to provide for the planning and imple- viders; and awarding a grant under this subsection, the Di- mentation of small health care provider quality ‘‘(ii) that may be nonprofit or for-profit enti- rector shall ensure that the funds made avail- improvement activities under subsection (g). ties; and able through the grant will be used to provide

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services to residents of rural areas. The Director ‘‘(1) ESTABLISHMENT.—There is established in ty, shall prepare and submit to the Secretary an shall award not less than 50 percent of the the Health and Resources and Services Adminis- application, at such time, in such manner, and funds made available under this subsection to tration an Office for the Advancement of Tele- containing such information as the Secretary providers located in and serving rural areas. health. The Office shall be headed by a Direc- may require, including— ‘‘(h) GENERAL REQUIREMENTS.— tor. ‘‘(1) a description of the project that the eligi- ‘‘(1) PROHIBITED USES OF FUNDS.—An entity ‘‘(2) DUTIES.—The telehealth network and ble entity will carry out using the funds pro- that receives a grant under this section may not telehealth resource centers grant programs es- vided under the grant; use funds provided through the grant— tablished under section 301 shall be administered ‘‘(2) a description of the manner in which the ‘‘(A) to build or acquire real property; or by the Director, in consultation with the State project funded under the grant will meet the ‘‘(B) for construction. offices of rural health, State offices concerning health care needs of rural or other populations ‘‘(2) COORDINATION WITH OTHER AGENCIES.— primary care, or other appropriate State govern- to be served through the project, or improve the The Secretary shall coordinate activities carried ment entities. access to services of, and the quality of the serv- out under grant programs described in this sec- ‘‘(d) GRANTS.— ices received by, those populations; tion, to the extent practicable, with Federal and ‘‘(1) TELEHEALTH NETWORK GRANTS.—The Di- ‘‘(3) evidence of local support for the project, State agencies and nonprofit organizations that rector may, in carrying out the telehealth net- and a description of how the areas, commu- are operating similar grant programs, to maxi- work grant program referred to in subsection nities, or populations to be served will be in- mize the effect of public dollars in funding meri- (b), award grants to eligible entities for projects volved in the development and ongoing oper- torious proposals. to demonstrate how telehealth technologies can ations of the project; ‘‘(3) PREFERENCE.—In awarding grants under be used through telehealth networks in rural ‘‘(4) a plan for sustaining the project after this section, the Secretary shall give preference areas, frontier communities, and medically un- Federal support for the project has ended; to entities that— derserved areas, and for medically underserved ‘‘(5) information on the source and amount of ‘‘(A) are located in health professional short- populations, to— non-Federal funds that the entity will provide age areas or medically underserved commu- ‘‘(A) expand access to, coordinate, and im- for the project; nities, or serve medically underserved popu- prove the quality of health care services; ‘‘(6) information demonstrating the long-term lations; or ‘‘(B) improve and expand the training of viability of the project, and other evidence of in- ‘‘(B) propose to develop projects with a focus health care providers; and stitutional commitment of the entity to the on primary care, and wellness and prevention ‘‘(C) expand and improve the quality of project; strategies. health information available to health care pro- ‘‘(7) in the case of an application for a project ‘‘(i) REPORT.—Not later than September 30, viders, and patients and their families, for deci- involving a telehealth network, information 2005, the Secretary shall prepare and submit to sionmaking. demonstrating how the project will promote the the appropriate committees of Congress a report ‘‘(2) TELEHEALTH RESOURCE CENTERS integration of telehealth technologies into the on the progress and accomplishments of the GRANTS.—The Director may, in carrying out the operations of health care providers, to avoid re- grant programs described in subsections (e), (f), telehealth resource centers grant program re- dundancy, and improve access to and the qual- and (g). ferred to in subsection (b), award grants to eligi- ity of care; and ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— ble entities for projects to demonstrate how tele- ‘‘(8) other such information as the Secretary There are authorized to be appropriated to carry health technologies can be used in the areas and determines to be appropriate. out this section $40,000,000 for fiscal year 2002, communities, and for the populations, described ‘‘(h) TERMS; CONDITIONS; MAXIMUM AMOUNT and such sums as may be necessary for each of in paragraph (1), to establish telehealth re- OF ASSISTANCE.—The Secretary shall establish fiscal years 2003 through 2006.’’. source centers. the terms and conditions of each grant program Subtitle B—Telehealth Grant Consolidation ‘‘(e) GRANT PERIODS.—The Director may described in subsection (b) and the maximum award grants under this section for periods of amount of a grant to be awarded to an indi- SEC. 211. SHORT TITLE. not more than 4 years. vidual recipient for each fiscal year under this This subtitle may be cited as the ‘‘Telehealth ‘‘(f) ELIGIBLE ENTITIES.— section. The Secretary shall publish, in a publi- Grant Consolidation Act of 2002’’. ‘‘(1) TELEHEALTH NETWORK GRANTS.— cation of the Health Resources and Services Ad- SEC. 212. CONSOLIDATION AND REAUTHORIZA- ‘‘(A) GRANT RECIPIENT.—To be eligible to re- ministration, notice of the application require- TION OF PROVISIONS. ceive a grant under subsection (d)(1), an entity ments for each grant program described in sub- Subpart I of part D of title III of the Public shall be a nonprofit entity. section (b) for each fiscal year. Health Service Act (42 U.S.C. 254b et seq) is ‘‘(B) TELEHEALTH NETWORKS.— ‘‘(i) PREFERENCES.— amended by adding at the end the following: ‘‘(i) IN GENERAL.—To be eligible to receive a ‘‘(1) TELEHEALTH NETWORKS.—In awarding ‘‘SEC. 330I. TELEHEALTH NETWORK AND TELE- grant under subsection (d)(1), an entity shall grants under subsection (d)(1) for projects in- HEALTH RESOURCE CENTERS demonstrate that the entity will provide services volving telehealth networks, the Secretary shall GRANT PROGRAMS. through a telehealth network. give preference to an eligible entity that meets ‘‘(a) DEFINITIONS.—In this section: ‘‘(ii) NATURE OF ENTITIES.—Each entity par- at least 1 of the following requirements: ‘‘(1) DIRECTOR; OFFICE.—The terms ‘Director’ ticipating in the telehealth network may be a ‘‘(A) ORGANIZATION.—The eligible entity is a and ‘Office’ mean the Director and Office speci- nonprofit or for-profit entity. rural community-based organization or another fied in subsection (c). ‘‘(iii) COMPOSITION OF NETWORK.—The tele- community-based organization. ‘‘(2) FEDERALLY QUALIFIED HEALTH CENTER health network shall include at least 2 of the ‘‘(B) SERVICES.—The eligible entity proposes AND RURAL HEALTH CLINIC.—The term ‘Federally following entities (at least 1 of which shall be a to use Federal funds made available through qualified health center’ and ‘rural health clinic’ community-based health care provider): such a grant to develop plans for, or to estab- have the meanings given the terms in section ‘‘(I) Community or migrant health centers or lish, telehealth networks that provide mental 1861(aa) of the Social Security Act (42 U.S.C. other Federally qualified health centers. health, public health, long-term care, home 1395x(aa)). ‘‘(II) Health care providers, including phar- care, preventive, or case management services. ‘‘(3) FRONTIER COMMUNITY.—The term ‘fron- macists, in private practice. ‘‘(C) COORDINATION.—The eligible entity dem- tier community’ shall have the meaning given ‘‘(III) Entities operating clinics, including onstrates how the project to be carried out the term in regulations issued under subsection rural health clinics. under the grant will be coordinated with other (r). ‘‘(IV) Local health departments. relevant federally funded projects in the areas, ‘‘(4) MEDICALLY UNDERSERVED AREA.—The ‘‘(V) Nonprofit hospitals, including commu- communities, and populations to be served term ‘medically underserved area’ has the mean- nity access hospitals. through the grant. ing given the term ‘medically underserved com- ‘‘(VI) Other publicly funded health or social ‘‘(D) NETWORK.—The eligible entity dem- munity’ in section 799B. service agencies. onstrates that the project involves a telehealth ‘‘(5) MEDICALLY UNDERSERVED POPULATION.— ‘‘(VII) Long-term care providers. network that includes an entity that— The term ‘medically underserved population’ ‘‘(VIII) Providers of health care services in ‘‘(i) provides clinical health care services, or has the meaning given the term in section the home. educational services for health care providers 330(b)(3). ‘‘(IX) Providers of outpatient mental health and for patients or their families; and ‘‘(6) TELEHEALTH SERVICES.—The term ‘tele- services and entities operating outpatient men- ‘‘(ii) is— health services’ means services provided through tal health facilities. ‘‘(I) a public library; telehealth technologies. ‘‘(X) Local or regional emergency health care ‘‘(II) an institution of higher education; or ‘‘(7) TELEHEALTH TECHNOLOGIES.—The term providers. ‘‘(III) a local government entity. ‘telehealth technologies’ means technologies re- ‘‘(XI) Institutions of higher education. ‘‘(E) CONNECTIVITY.—The eligible entity pro- lating to the use of electronic information, and ‘‘(XII) Entities operating dental clinics. poses a project that promotes local connectivity telecommunications technologies, to support and ‘‘(2) TELEHEALTH RESOURCE CENTERS within areas, communities, or populations to be promote, at a distance, health care, patient and GRANTS.—To be eligible to receive a grant under served through the project. professional health-related education, health subsection (d)(2), an entity shall be a nonprofit ‘‘(F) INTEGRATION.—The eligible entity dem- administration, and public health. entity. onstrates that health care information has been ‘‘(b) PROGRAMS.—The Secretary shall estab- ‘‘(g) APPLICATIONS.—To be eligible to receive a integrated into the project. lish, under section 301, telehealth network and grant under subsection (d), an eligible entity, in ‘‘(2) TELEHEALTH RESOURCE CENTERS.—In telehealth resource centers grant programs. consultation with the appropriate State office of awarding grants under subsection (d)(2) for ‘‘(c) ADMINISTRATION.— rural health or another appropriate State enti- projects involving telehealth resource centers,

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the Secretary shall give preference to an eligible ‘‘(2) TELEHEALTH RESOURCE CENTERS.—The re- vider is not a licensed or authorized health care entity that meets at least 1 of the following recipient of a grant under subsection (d)(2) may provider under the law of that State. quirements: use funds received through such grant for sala- ‘‘(q) REPORT.—Not later than September 30, ‘‘(A) PROVISION OF SERVICES.—The eligible en- ries, equipment, and operating or other costs 2005, the Secretary shall prepare and submit to tity has a record of success in the provision of for— the appropriate committees of Congress a report telehealth services to medically underserved ‘‘(A) providing technical assistance, training, on the progress and accomplishments of the areas or medically underserved populations. and support, and providing for travel expenses, grant programs described in subsection (b). ‘‘(B) COLLABORATION AND SHARING OF EXPER- for health care providers and a range of health ‘‘(r) REGULATIONS.—The Secretary shall issue TISE.—The eligible entity has a demonstrated care entities that provide or will provide tele- regulations specifying, for purposes of this sec- record of collaborating and sharing expertise health services; tion, a definition of the term ‘frontier area’. The with providers of telehealth services at the na- ‘‘(B) disseminating information and research definition shall be based on factors that include tional, regional, State, and local levels. findings related to telehealth services; population density, travel distance in miles to ‘‘(C) BROAD RANGE OF TELEHEALTH SERV- ‘‘(C) promoting effective collaboration among the nearest medical facility, travel time in min- ICES.—The eligible entity has a record of pro- telehealth resource centers and the Office; utes to the nearest medical facility, and such viding a broad range of telehealth services, ‘‘(D) conducting evaluations to determine the other factors as the Secretary determines to be which may include— best utilization of telehealth technologies to appropriate. The Secretary shall develop the ‘‘(i) a variety of clinical specialty services; meet health care needs; definition in consultation with the Director of ‘‘(ii) patient or family education; ‘‘(E) promoting the integration of the tech- the Bureau of the Census and the Administrator ‘‘(iii) health care professional education; and nologies used in clinical information systems of the Economic Research Service of the Depart- ‘‘(iv) rural residency support programs. with other telehealth technologies; ment of Agriculture. ‘‘(j) DISTRIBUTION OF FUNDS.— ‘‘(F) fostering the use of telehealth tech- ‘‘(s) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(1) IN GENERAL.—In awarding grants under nologies to provide health care information and There are authorized to be appropriated to carry this section, the Director shall ensure, to the education for health care providers and con- out this section— greatest extent possible, that such grants are eq- sumers in a more effective manner; and ‘‘(1) for grants under subsection (d)(1), uitably distributed among the geographical re- ‘‘(G) implementing special projects or studies $40,000,000 for fiscal year 2002, and such sums as gions of the United States. under the direction of the Office. may be necessary for each of fiscal years 2003 ‘‘(2) TELEHEALTH NETWORKS.—In awarding ‘‘(l) PROHIBITED USES OF FUNDS.—An entity through 2006; and grants under subsection (d)(1) for a fiscal year, that receives a grant under this section may not ‘‘(2) for grants under subsection (d)(2), the Director shall ensure that— use funds made available through the grant— $20,000,000 for fiscal year 2002, and such sums as ‘‘(A) not less than 50 percent of the funds ‘‘(1) to acquire real property; may be necessary for each of fiscal years 2003 awarded shall be awarded for projects in rural ‘‘(2) for expenditures to purchase or lease through 2006.’’. areas; and equipment, to the extent that the expenditures Subtitle C—Mental Health Services Tele- ‘‘(B) the total amount of funds awarded for would exceed 40 percent of the total grant health Program and Rural Emergency Med- such projects for that fiscal year shall be not funds; ical Service Training and Equipment Assist- less than the total amount of funds awarded for ‘‘(3) in the case of a project involving a tele- ance Program such projects for fiscal year 2001 under section health network, to purchase or install trans- 330A (as in effect on the day before the date of mission equipment (such as laying cable or tele- SEC. 221. PROGRAMS. enactment of the Health Care Safety Net phone lines, or purchasing or installing micro- Subpart I of part D of title III of the Public Amendments of 2002). wave towers, satellite dishes, amplifiers, or dig- Health Service Act (42 U.S.C. 254b et seq.) (as ‘‘(k) USE OF FUNDS.— ital switching equipment); amended by section 212) is further amended by ‘‘(1) TELEHEALTH NETWORK PROGRAM.—The ‘‘(4) to pay for any equipment or transmission adding at the end the following: recipient of a grant under subsection (d)(1) may costs not directly related to the purposes for ‘‘SEC. 330J. RURAL EMERGENCY MEDICAL SERV- use funds received through such grant for sala- which the grant is awarded; ICE TRAINING AND EQUIPMENT AS- ries, equipment, and operating or other costs, ‘‘(5) to purchase or install general purpose SISTANCE PROGRAM. including the cost of— voice telephone systems; ‘‘(a) GRANTS.—The Secretary, acting through ‘‘(A) developing and delivering clinical tele- ‘‘(6) for construction; or the Administrator of the Health Resources and health services that enhance access to commu- ‘‘(7) for expenditures for indirect costs (as de- Services Administration (referred to in this sec- nity-based health care services in rural areas, termined by the Secretary), to the extent that tion as the ‘Secretary’) shall award grants to el- frontier communities, or medically underserved the expenditures would exceed 15 percent of the igible entities to enable such entities to provide areas, or for medically underserved populations; total grant funds. for improved emergency medical services in rural ‘‘(B) developing and acquiring, through lease ‘‘(m) COLLABORATION.—In providing services areas. or purchase, computer hardware and software, under this section, an eligible entity shall col- ‘‘(b) ELIGIBILITY.—To be eligible to receive a audio and video equipment, computer network laborate, if feasible, with entities that— grant under this section, an entity shall— equipment, interactive equipment, data terminal ‘‘(1)(A) are private or public organizations, ‘‘(1) be— equipment, and other equipment that furthers that receive Federal or State assistance; or ‘‘(A) a State emergency medical services office; the objectives of the telehealth network grant ‘‘(B) are public or private entities that operate ‘‘(B) a State emergency medical services asso- program; centers, or carry out programs, that receive Fed- ciation; ‘‘(C)(i) developing and providing distance eral or State assistance; and ‘‘(C) a State office of rural health; education, in a manner that enhances access to ‘‘(2) provide telehealth services or related ac- ‘‘(D) a local government entity; care in rural areas, frontier communities, or tivities. ‘‘(E) a State or local ambulance provider; or medically underserved areas, or for medically ‘‘(n) COORDINATION WITH OTHER AGENCIES.— ‘‘(F) any other entity determined appropriate underserved populations; or The Secretary shall coordinate activities carried by the Secretary; and ‘‘(ii) mentoring, precepting, or supervising out under grant programs described in sub- ‘‘(2) prepare and submit to the Secretary an health care providers and students seeking to section (b), to the extent practicable, with Fed- application at such time, in such manner, and become health care providers, in a manner that eral and State agencies and nonprofit organiza- containing such information as the Secretary enhances access to care in the areas and com- tions that are operating similar programs, to may require, that includes— munities, or for the populations, described in maximize the effect of public dollars in funding ‘‘(A) a description of the activities to be car- clause (i); meritorious proposals. ried out under the grant; and ‘‘(D) developing and acquiring instructional ‘‘(o) OUTREACH ACTIVITIES.—The Secretary ‘‘(B) an assurance that the eligible entity will programming; shall establish and implement procedures to comply with the matching requirement of sub- ‘‘(E)(i) providing for transmission of medical carry out outreach activities to advise potential section (e). data, and maintenance of equipment; and end users of telehealth services in rural areas, ‘‘(c) USE OF FUNDS.—An entity shall use ‘‘(ii) providing for compensation (including frontier communities, medically underserved amounts received under a grant made under travel expenses) of specialists, and referring areas, and medically underserved populations in subsection (a), either directly or through grants health care providers, who are providing tele- each State about the grant programs described to emergency medical service squads that are lo- health services through the telehealth network, in subsection (b). cated in, or that serve residents of, a nonmetro- if no third party payment is available for the ‘‘(p) TELEHEALTH.—It is the sense of Congress politan statistical area, an area designated as a telehealth services delivered through the tele- that, for purposes of this section, States should rural area by any law or regulation of a State, health network; develop reciprocity agreements so that a pro- or a rural census tract of a metropolitan statis- ‘‘(F) developing projects to use telehealth vider of services under this section who is a litical area (as determined under the most recent technology to facilitate collaboration between censed or otherwise authorized health care pro- Goldsmith Modification, originally published in health care providers; vider under the law of 1 or more States, and a notice of availability of funds in the Federal ‘‘(G) collecting and analyzing usage statistics who, through telehealth technology, consults Register on February 27, 1992, 57 Fed. Reg. and data to document the cost-effectiveness of with a licensed or otherwise authorized health 6725), to— the telehealth services; and care provider in another State, is exempt, with ‘‘(1) recruit emergency medical service per- ‘‘(H) carrying out such other activities as are respect to such consultation, from any State law sonnel; consistent with achieving the objectives of this of the other State that prohibits such consulta- ‘‘(2) recruit volunteer emergency medical serv- section, as determined by the Secretary. tion on the basis that the first health care pro- ice personnel;

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00129 Fmt 4624 Sfmt 6333 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10760 CONGRESSIONAL RECORD — SENATE October 17, 2002 ‘‘(3) train emergency medical service personnel mental illness in children and adolescents or Congress a report that shall evaluate activities in emergency response, injury prevention, safety who have additional training in the treatment funded with grants under this section. awareness, and other topics relevant to the de- of mental illness in the elderly. ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— livery of emergency medical services; ‘‘(3) SPECIAL POPULATIONS.—The term ‘special There are authorized to be appropriated to carry ‘‘(4) fund specific training to meet Federal or populations’ refers to the following 2 distinct out this section, $20,000,000 for fiscal year 2002 State certification requirements; groups: and such sums as may be necessary for fiscal ‘‘(5) develop new ways to educate emergency ‘‘(A) Children and adolescents in mental years 2003 through 2006.’’. health care providers through the use of tech- health underserved rural areas or in mental TITLE III—NATIONAL HEALTH SERVICE nology-enhanced educational methods (such as health underserved urban areas. CORPS PROGRAM distance learning); ‘‘(B) Elderly individuals located in long-term ‘‘(6) acquire emergency medical services equip- care facilities in mental health underserved SEC. 301. NATIONAL HEALTH SERVICE CORPS. ment, including cardiac defibrillators; rural or urban areas. (a) IN GENERAL.—Section 331 of the Public ‘‘(7) acquire personal protective equipment for ‘‘(4) TELEHEALTH.—The term ‘telehealth’ Health Service Act (42 U.S.C. 254d) is amended— emergency medical services personnel as re- means the use of electronic information and (1) by adding at the end of subsection (a)(3) quired by the Occupational Safety and Health telecommunications technologies to support long the following: Administration; and distance clinical health care, patient and pro- ‘‘(E)(i) The term ‘behavioral and mental ‘‘(8) educate the public concerning fessional health-related education, public health professionals’ means health service psy- cardiopulmonary resuscitation, first aid, injury health, and health administration. chologists, licensed clinical social workers, li- prevention, safety awareness, illness prevention, ‘‘(b) PROGRAM AUTHORIZED.— censed professional counselors, marriage and and other related emergency preparedness top- ‘‘(1) IN GENERAL.—The Secretary, acting family therapists, psychiatric nurse specialists, ics. through the Director of the Office for the Ad- and psychiatrists. ‘‘(d) PREFERENCE.—In awarding grants under vancement of Telehealth of the Health Re- ‘‘(ii) The term ‘graduate program of behav- this section the Secretary shall give preference sources and Services Administration, shall ioral and mental health’ means a program that to— award grants to eligible entities to establish trains behavioral and mental health profes- ‘‘(1) applications that reflect a collaborative demonstration projects for the provision of men- sionals.’’; effort by 2 or more of the entities described in tal health services to special populations as de- (2) in subsection (b)— subparagraphs (A) through (F) of subsection livered remotely by qualified mental health pro- (A) in paragraph (1), by striking ‘‘health pro- (b)(1); and fessionals using telehealth and for the provision fessions’’ and inserting ‘‘health professions, in- ‘‘(2) applications submitted by entities that in- of education regarding mental illness as deliv- cluding schools at which graduate programs of tend to use amounts provided under the grant to ered remotely by qualified mental health profes- behavioral and mental health are offered,’’; and fund activities described in any of paragraphs sionals using telehealth. (B) in paragraph (2), by inserting ‘‘behavioral (1) through (5) of subsection (c). ‘‘(2) POPULATIONS SERVED.—The Secretary and mental health professionals,’’ after ‘‘den- ‘‘(e) MATCHING REQUIREMENT.—The Secretary shall award the grants under paragraph (1) in tists,’’; and may not award a grant under this section to an a manner that distributes the grants so as to (3) by striking subsection (c) and inserting the entity unless the entity agrees that the entity serve equitably the populations described in sub- following: will make available (directly or through con- paragraphs (A) and (B) of subsection (a)(4). ‘‘(c)(1) The Secretary may reimburse an appli- tributions from other public or private entities) ‘‘(c) USE OF FUNDS.— cant for a position in the Corps (including an non-Federal contributions toward the activities ‘‘(1) IN GENERAL.—An eligible entity that re- individual considering entering into a written to be carried out under the grant in an amount ceives a grant under this section shall use the agreement pursuant to section 338D) for the ac- equal to 25 percent of the amount received under grant funds— tual and reasonable expenses incurred in trav- the grant. ‘‘(A) for the populations described in sub- eling to and from the applicant’s place of resi- ‘‘(f) EMERGENCY MEDICAL SERVICES.—In this section (a)(4)(A)— dence to an eligible site to which the applicant section, the term ‘emergency medical services’— ‘‘(i) to provide mental health services, includ- may be assigned under section 333 for the pur- ‘‘(1) means resources used by a qualified pub- ing diagnosis and treatment of mental illness, as pose of evaluating such site with regard to being lic or private nonprofit entity, or by any other delivered remotely by qualified mental health assigned at such site. The Secretary may estab- entity recognized as qualified by the State in- professionals using telehealth; and lish a maximum total amount that may be paid volved, to deliver medical care outside of a med- ‘‘(ii) to collaborate with local public health to an individual as reimbursement for such ex- ical facility under emergency conditions that entities to provide the mental health services; penses. occur— and ‘‘(2) The Secretary may also reimburse the ‘‘(A) as a result of the condition of the pa- ‘‘(B) for the populations described in sub- applicant for the actual and reasonable ex- tient; or section (a)(4)(B)— penses incurred for the travel of 1 family ‘‘(B) as a result of a natural disaster or simi- ‘‘(i) to provide mental health services, includ- member to accompany the applicant to such lar situation; and ing diagnosis and treatment of mental illness, in site. The Secretary may establish a max- ‘‘(2) includes services delivered by an emer- long-term care facilities as delivered remotely by imum total amount that may be paid to an gency medical services provider (either com- qualified mental health professionals using tele- individual as reimbursement for such ex- pensated or volunteer) or other provider recog- health; and penses. nized by the State involved that is licensed or ‘‘(ii) to collaborate with local public health ‘‘(3) In the case of an individual who has certified by the State as an emergency medical entities to provide the mental health services. entered into a contract for obligated service technician or its equivalent (as determined by ‘‘(2) OTHER USES.—An eligible entity that re- under the Scholarship Program or under the the State), a registered nurse, a physician as- ceives a grant under this section may also use Loan Repayment Program, the Secretary sistant, or a physician that provides services the grant funds to— may reimburse such individual for all or part similar to services provided by such an emer- ‘‘(A) pay telecommunications costs; and of the actual and reasonable expenses in- gency medical services provider. ‘‘(B) pay qualified mental health professionals curred in transporting the individual, the in- ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— on a reasonable cost basis as determined by the dividual’s family, and the family’s posses- ‘‘(1) IN GENERAL.—There are authorized to be Secretary for services rendered. sions to the site of the individual’s assign- appropriated to carry out this section such sums ‘‘(3) PROHIBITED USES.—An eligible entity that ment under section 333. The Secretary may as may be necessary for each of fiscal years 2002 receives a grant under this section shall not use establish a maximum total amount that may through 2006. the grant funds to— be paid to an individual as reimbursement ‘‘(2) ADMINISTRATIVE COSTS.—The Secretary ‘‘(A) purchase or install transmission equip- for such expenses.’’. may use not more than 10 percent of the amount ment (other than such equipment used by quali- (b) DEMONSTRATION PROJECTS.—Section 331 appropriated under paragraph (1) for a fiscal fied mental health professionals to deliver men- of the Public Health Service Act (42 U.S.C. year for the administrative expenses of carrying tal health services using telehealth under the 254d) is amended— out this section. project involved); or (1) by redesignating subsection (i) as sub- ‘‘SEC. 330K. MENTAL HEALTH SERVICES DELIV- ‘‘(B) build upon or acquire real property. section (j); and ERED VIA TELEHEALTH. ‘‘(d) EQUITABLE DISTRIBUTION.—In awarding (2) by inserting after subsection (h) the fol- ‘‘(a) DEFINITIONS.—In this section: grants under this section, the Secretary shall lowing: ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible enti- ensure, to the greatest extent possible, that such ‘‘(i)(1) In carrying out subpart III, the Sec- ty’ means a public or nonprofit private tele- grants are equitably distributed among geo- retary may, in accordance with this sub- health provider network that offers services that graphical regions of the United States. section, carry out demonstration projects in include mental health services provided by ‘‘(e) APPLICATION.—An entity that desires a which individuals who have entered into a qualified mental health providers. grant under this section shall submit an appli- contract for obligated service under the ‘‘(2) QUALIFIED MENTAL HEALTH PROFES- cation to the Secretary at such time, in such Loan Repayment Program receive waivers SIONALS.—The term ‘qualified mental health manner, and containing such information as the under which the individuals are authorized professionals’ refers to providers of mental Secretary determines to be reasonable. to satisfy the requirement of obligated serv- health services reimbursed under the medicare ‘‘(f) REPORT.—Not later than 4 years after the ice through providing clinical service that is program carried out under title XVIII of the So- date of enactment of the Health Care Safety Net not full-time. cial Security Act (42 U.S.C. 1395 et seq.) who Amendments of 2002, the Secretary shall prepare ‘‘(2) A waiver described in paragraph (1) have additional training in the treatment of and submit to the appropriate committees of may be provided by the Secretary only if—

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00130 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 17, 2002 CONGRESSIONAL RECORD — SENATE S10761 ‘‘(A) the entity for which the service is to (ii) a regulation that revises the standards shall give preference to applications in which a be performed— concerning priority of such an area under sec- nonprofit entity or public entity shall provide a ‘‘(i) has been approved under section 333A tion 333A of that Act (42 U.S.C. 254f–1). site to which Corps members may be assigned.’’; for assignment of a Corps member; and (B) REPORT.—On issuing a regulation de- and ‘‘(ii) has requested in writing assignment scribed in subparagraph (A), the Secretary shall (2) in subsection (d)— of a health professional who would serve less prepare and submit to the Committee on Energy (A) in paragraphs (1), (2), and (4), by striking than full time; and Commerce of the House of Representatives ‘‘nonprofit’’ each place it appears; and ‘‘(B) the Secretary has determined that as- and the Committee on Health, Education, (B) in paragraph (1), signment of a health professional who would Labor, and Pensions of the Senate a report that (i) in the second sentence— serve less than full time would be appro- describes the regulation. (I) in subparagraph (C), by striking ‘‘and’’ at priate for the area where the entity is lo- (2) EFFECTIVE DATE.—Each regulation de- the end; and cated; scribed in paragraph (1)(A) shall take effect 180 (II) by striking the period and inserting ‘‘, ‘‘(C) a Corps member who is required to days after the committees described in para- and (E) developing long-term plans for address- perform obligated service has agreed in writ- graph (1)(B) receive a report referred to in para- ing health professional shortages and improving ing to be assigned for less than full-time graph (1)(B) describing the regulation. access to health care.’’; and service to an entity described in subpara- (c) SCHOLARSHIP AND LOAN REPAYMENT PRO- (ii) by adding at the end the following: ‘‘The graph (A); GRAMS.—The Secretary of Health and Human Secretary shall encourage entities that receive ‘‘(D) the entity and the Corps member Services, in consultation with organizations rep- technical assistance under this paragraph to agree in writing that the less than full-time resenting individuals in the dental field and or- communicate with other communities, State Of- service provided by the Corps member will ganizations representing publicly funded health fices of Rural Health, State Primary Care Asso- not be less than 16 hours of clinical service care providers, shall develop and implement a ciations and Offices, and other entities con- per week; plan for increasing the participation of dentists cerned with site development and community ‘‘(E) the Corps member agrees in writing and dental hygienists in the National Health needs assessment.’’. that the period of obligated service pursuant Service Corps Scholarship Program under sec- SEC. 304. PRIORITIES IN ASSIGNMENT OF CORPS to section 338B will be extended so that the tion 338A of the Public Health Service Act (42 PERSONNEL. aggregate amount of less than full-time serv- U.S.C. 254l) and the Loan Repayment Program Section 333A of the Public Health Service Act ice performed will equal the amount of serv- under section 338B of such Act (42 U.S.C. 254l– (42 U.S.C. 254f–1) is amended— ice that would be performed through full- 1). (1) in subsection (a)(1)(A), by striking ‘‘, as time service under section 338C; and (d) SITE DESIGNATION PROCESS.— determined in accordance with subsection (b)’’; ‘‘(F) the Corps member agrees in writing (1) IMPROVEMENT OF DESIGNATION PROCESS.— (2) by striking subsection (b); that if the Corps member begins providing The Administrator of the Health Resources and (3) in subsection (c), by striking the second less than full-time service but fails to begin Services Administration, in consultation with sentence; or complete the period of obligated service, the Association of State and Territorial Dental (4) in subsection (d)— the method stated in 338E(c) for determining Directors, dental societies, and other interested (A) by redesignating paragraphs (1) through the damages for breach of the individual’s parties, shall revise the criteria on which the (3) as paragraphs (2) through (4), respectively; written contract will be used after con- designations of dental health professional short- (B) by inserting before paragraph (2) (as re- verting periods of obligated service or of age areas are based so that such criteria provide designated by subparagraph (A)) the following: ‘‘(1) PROPOSED LIST.—The Secretary shall pre- service performed into their full-time a more accurate reflection of oral health care pare and publish a proposed list of health pro- equivalents. need, particularly in rural areas. ‘‘(3) In evaluating a demonstration project (2) PUBLIC HEALTH SERVICE ACT.—Section 332 fessional shortage areas and entities that would described in paragraph (1), the Secretary of the Public Health Service Act (42 U.S.C. 254e) receive priority under subsection (a)(1) in the shall examine the effect of multidisciplinary is amended by adding at the end the following: assignment of Corps members. The list shall con- teams.’’. ‘‘(i) DISSEMINATION.—The Administrator of tain the information described in paragraph (2), and the relative scores and relative priorities of SEC. 302. DESIGNATION OF HEALTH PROFES- the Health Resources and Services Administra- SIONAL SHORTAGE AREAS. tion shall disseminate information concerning the entities submitting applications under sec- (a) IN GENERAL.—Section 332 of the Public the designation criteria described in subsection tion 333, in a proposed format. All such entities Health Service Act (42 U.S.C. 254e) is amended— (b) to— shall have 30 days after the date of publication (1) in subsection (a)— ‘‘(1) the Governor of each State; of the list to provide additional data and infor- (A) in paragraph (1), by inserting after the ‘‘(2) the representative of any area, popu- mation in support of inclusion on the list or in first sentence the following: ‘‘All Federally lation group, or facility selected by any such support of a higher priority determination and qualified health centers and rural health clinics, Governor to receive such information; the Secretary shall reasonably consider such as defined in section 1861(aa) of the Social Secu- ‘‘(3) the representative of any area, popu- data and information in preparing the final list rity Act (42 U.S.C. 1395x(aa)), that meet the relation group, or facility that requests such in- under paragraph (2).’’; quirements of section 334 shall be automatically formation; and (C) in paragraph (2) (as redesignated by sub- designated as having such a shortage. Not ear- ‘‘(4) the representative of any area, popu- paragraph (A)), in the matter before subpara- lier than 6 years after such date of enactment, lation group, or facility determined by the Ad- graph (A)— and every 6 years thereafter, each such center ministrator to be likely to meet the criteria de- (i) by striking ‘‘paragraph (2)’’ and inserting or clinic shall demonstrate that the center or scribed in subsection (b).’’. ‘‘paragraph (3)’’; clinic meets the applicable requirements of the (e) GAO STUDY.—Not later than February 1, (ii) by striking ‘‘prepare a list of health pro- Federal regulations, issued after the date of en- 2005, the Comptroller General of the United fessional shortage areas’’ and inserting ‘‘pre- actment of this Act, that revise the definition of States shall submit to the Congress a report on pare and, as appropriate, update a list of health a health professional shortage area for purposes the appropriateness of the criteria, including professional shortage areas and entities’’; and of this section.’’; and but not limited to infant mortality rates, access (iii) by striking ‘‘for the period applicable (B) in paragraph (3), by striking ‘‘340(r)) may to health services taking into account the dis- under subsection (f)’’; be a population group’’ and inserting tance to primary health services, the rate of (D) by striking paragraph (3) (as redesignated ‘‘330(h)(4)), seasonal agricultural workers (as poverty and ability to pay for health services, by subparagraph (A)) and inserting the fol- defined in section 330(g)(3)) and migratory agri- and low birth rates, established by the Secretary lowing: cultural workers (as so defined)), and residents of Health and Human Services for the designa- ‘‘(3) NOTIFICATION OF AFFECTED PARTIES.— of public housing (as defined in section 3(b)(1) tion of health professional shortage areas and ‘‘(A) ENTITIES.—Not later than 30 days after of the United States Housing Act of 1937 (42 whether the deeming of Federally qualified the Secretary has added to a list under para- U.S.C. 1437a(b)(1))) may be population groups’’; health centers and rural health clinics as such graph (2) an entity specified as described in sub- (2) in subsection (b)(2), by striking ‘‘with spe- areas is appropriate and necessary. paragraph (A) of such paragraph, the Secretary cial consideration to the indicators of’’ and all SEC. 303. ASSIGNMENT OF CORPS PERSONNEL. shall notify such entity that the entity has been that follows through ‘‘services.’’ and inserting a Section 333 of the Public Health Service Act provided an authorization to receive assign- period; and (42 U.S.C. 254f) is amended— ments of Corps members in the event that Corps (3) in subsection (c)(2)(B), by striking ‘‘XVIII (1) in subsection (a)— members are available for the assignments. or XIX’’ and inserting ‘‘XVIII, XIX, or XXI’’. (A) in paragraph (1)— ‘‘(B) INDIVIDUALS.—In the case of an indi- (b) REGULATIONS.— (i) in the matter before subparagraph (A), by vidual obligated to provide service under the (1) REPORT.— striking ‘‘(specified in the agreement described Scholarship Program, not later than 3 months (A) IN GENERAL.—The Secretary shall submit in section 334)’’; before the date described in section 338C(b)(5), the report described in subparagraph (B) if the (ii) in subparagraph (A), by striking ‘‘non- the Secretary shall provide to such individual Secretary, acting through the Administrator of profit’’; and the names of each of the entities specified as de- the Health Resources and Services Administra- (iii) by striking subparagraph (C) and insert- scribed in paragraph (2)(B)(i) that is appro- tion, issues— ing the following: priate for the individual’s medical specialty and (i) a regulation that revises the definition of a ‘‘(C) the entity agrees to comply with the re- discipline.’’; and health professional shortage area for purposes quirements of section 334; and’’; and (E) by striking paragraph (4) (as redesignated of section 332 of the Public Health Service Act (B) in paragraph (3), by adding at the end by subparagraph (A)) and inserting the fol- (42 U.S.C. 254e); or ‘‘In approving such applications, the Secretary lowing:

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‘‘(4) REVISIONS.—If the Secretary proposes to shall be sufficiently discounted in accordance (5) in subsection (f)— make a revision in the list under paragraph (2), with the schedule described in subparagraph (A) in paragraph (1)(B)— and the revision would adversely alter the sta- (B). (i) in clause (iii), by striking ‘‘and’’ after the tus of an entity with respect to the list, the Sec- ‘‘(2) SERVICES TO BENEFICIARIES OF FEDERAL semicolon; retary shall notify the entity of the revision. AND FEDERALLY ASSISTED PROGRAMS.—In the (ii) by redesignating clause (iv) as clause (v); Any entity adversely affected by such a revision case of health care services furnished to an indi- and shall be notified in writing by the Secretary of vidual who is a beneficiary of a program listed (iii) by inserting after clause (iii) the following the reasons for the revision and shall have 30 in subsection (a)(2), the entity— new clause: days to file a written appeal of the determina- ‘‘(A) shall accept an assignment pursuant to ‘‘(iv) if pursuing a degree from a school of tion involved which shall be reasonably consid- section 1842(b)(3)(B)(ii) of the Social Security medicine or osteopathic medicine, to complete a ered by the Secretary before the revision to the Act (42 U.S.C. 1395u(b)(3)(B)(ii)) with respect to residency in a specialty that the Secretary de- list becomes final. The revision to the list shall an individual who is a beneficiary under the termines is consistent with the needs of the be effective with respect to assignment of Corps medicare program; and Corps; and’’; and (B) in paragraph (3), by striking ‘‘338D’’ and members beginning on the date that the revision ‘‘(B) shall enter into an appropriate agree- inserting ‘‘338E’’; and becomes final.’’; ment with— (6) by striking subsection (i). (5) by striking subsection (e) and inserting the ‘‘(i) the State agency administering the pro- following: gram under title XIX of such Act with respect to SEC. 310. NATIONAL HEALTH SERVICE CORPS LOAN REPAYMENT PROGRAM. ‘‘(e) LIMITATION ON NUMBER OF ENTITIES OF- an individual who is a beneficiary under the Section 338B of the Public Health Service Act FERED AS ASSIGNMENT CHOICES IN SCHOLARSHIP medicaid program; and ‘‘(ii) the State agency administering the pro- (42 U.S.C. 254l–1) is amended— PROGRAM.— (1) in subsection (a)— ‘‘(1) DETERMINATION OF AVAILABLE CORPS gram under title XXI of such Act with respect to (A) in paragraph (1), by inserting ‘‘behavioral MEMBERS.—By April 1 of each calendar year, an individual who is a beneficiary under the and mental health professionals,’’ after ‘‘den- the Secretary shall determine the number of par- State children’s health insurance program. tists,’’; and ticipants in the Scholarship Program who will ‘‘(3) COLLECTION OF PAYMENTS.—The entity (B) in paragraph (2), by striking ‘‘(including be available for assignments under section 333 shall take reasonable and appropriate steps to mental health professionals)’’; during the program year beginning on July 1 of collect all payments due for health care services (2) in subsection (b)(1), by striking subpara- that calendar year. provided by the entity, including payments from graph (A) and inserting the following: ‘‘(2) DETERMINATION OF NUMBER OF ENTI- any third party (including a Federal, State, or ‘‘(A) have a degree in medicine, osteopathic TIES.—At all times during a program year, the local government agency and any other third medicine, dentistry, or another health profes- number of entities specified under subsection party) that is responsible for part or all of the sion, or an appropriate degree from a graduate (c)(2)(B)(i) shall be— charge for such services.’’. program of behavioral and mental health, or be ‘‘(A) not less than the number of participants SEC. 306. ELIGIBILITY FOR FEDERAL FUNDS. certified as a nurse midwife, nurse practitioner, determined with respect to that program year Section 335(e)(1)(B) of the Public Health Serv- or physician assistant;’’; under paragraph (1); and ice Act (42 U.S.C. 254h(e)(1)(B)) is amended by (3) in subsection (e), by striking ‘‘(1) IN GEN- ‘‘(B) not greater than twice the number of striking ‘‘XVIII or XIX’’ and inserting ‘‘XVIII, ERAL.—’’; and participants determined with respect to that XIX, or XXI’’. (4) by striking subsection (i). program year under paragraph (1).’’; SEC. 307. FACILITATION OF EFFECTIVE PROVI- SEC. 311. OBLIGATED SERVICE. (6) by striking subsection (f); and SION OF CORPS SERVICES. Section 338C of the Public Health Service Act (7) by redesignating subsections (c), (d), and (a) HEALTH PROFESSIONAL SHORTAGE (42 U.S.C. 254m) is amended— (e) as subsections (b), (c), and (d) respectively. AREAS.—Section 336 of the Public Health Service (1) in subsection (b)— SEC. 305. COST-SHARING. Act (42 U.S.C. 254h–1) is amended— (A) in paragraph (1), in the matter preceding Subpart II of part D of title III of the Public (1) in subsection (c), by striking ‘‘health man- subparagraph (A), by striking ‘‘section Health Service Act (42 U.S.C. 254d et seq.) is power’’ and inserting ‘‘health professional’’; 338A(f)(1)(B)(iv)’’ and inserting ‘‘section amended by striking section 334 and inserting and 338A(f)(1)(B)(v)’’; and the following: (2) in subsection (f)(1), by striking ‘‘health (B) in paragraph (5)— manpower’’ and inserting ‘‘health profes- (i) by striking all that precedes subparagraph ‘‘SEC. 334. CHARGES FOR SERVICES BY ENTITIES (C) and inserting the following: USING CORPS MEMBERS. sional’’. ‘‘(5)(A) In the case of the Scholarship Pro- ‘‘(a) AVAILABILITY OF SERVICES REGARDLESS (b) TECHNICAL AMENDMENT.—Section 336A(8) gram, the date referred to in paragraphs (1) OF ABILITY TO PAY OR PAYMENT SOURCE.—An of the Public Health Service Act (42 U.S.C. through (4) shall be the date on which the indi- entity to which a Corps member is assigned shall 254i(8)) is amended by striking ‘‘agreements vidual completes the training required for the not deny requested health care services, and under’’. degree for which the individual receives the shall not discriminate in the provision of serv- SEC. 308. AUTHORIZATION OF APPROPRIATIONS. scholarship, except that— ices to an individual— Section 338(a) of the Public Health Service Act ‘‘(i) for an individual receiving such a degree ‘‘(1) because the individual is unable to pay (42 U.S.C. 254k(a)) is amended— after September 30, 2000, from a school of medi- for the services; or (1) by striking ‘‘(1) For’’ and inserting ‘‘For’’; cine or osteopathic medicine, such date shall be ‘‘(2) because payment for the services would (2) by striking ‘‘1991 through 2000’’ and insert- the date the individual completes a residency in be made under— ing ‘‘2002 through 2006’’; and a specialty that the Secretary determines is con- ‘‘(A) the medicare program under title XVIII (3) by striking paragraph (2). sistent with the needs of the Corps; and of the Social Security Act (42 U.S.C. 1395 et SEC. 309. NATIONAL HEALTH SERVICE CORPS ‘‘(ii) at the request of an individual, the Sec- seq.); SCHOLARSHIP PROGRAM. retary may, consistent with the needs of the ‘‘(B) the medicaid program under title XIX of Section 338A of the Public Health Service Act Corps, defer such date until the end of a period such Act (42 U.S.C. 1396 et seq.); or (42 U.S.C. 254l) is amended— of time required for the individual to complete ‘‘(C) the State children’s health insurance (1) in subsection (a)(1), by inserting ‘‘behav- advanced training (including an internship or program under title XXI of such Act (42 U.S.C. ioral and mental health professionals,’’ after residency).’’; 1397aa et seq.). ‘‘dentists,’’; (ii) by striking subparagraph (D); ‘‘(b) CHARGES FOR SERVICES.—The following (2) in subsection (b)(1)(B), by inserting ‘‘, or (iii) by redesignating subparagraphs (C) and rules shall apply to charges for health care serv- an appropriate degree from a graduate program (E) as subparagraphs (B) and (C), respectively; ices provided by an entity to which a Corps of behavioral and mental health’’ after ‘‘other and member is assigned: health profession’’; (iv) in clause (i) of subparagraph (C) (as re- ‘‘(1) IN GENERAL.— (3) in subsection (c)(1)— designated by clause (iii)) by striking ‘‘subpara- ‘‘(A) SCHEDULE OF FEES OR PAYMENTS.—Ex- (A) in subparagraph (A), by striking ‘‘338D’’ graph (A), (B), or (D)’’ and inserting ‘‘subpara- cept as provided in paragraph (2), the entity and inserting ‘‘338E’’; and graph (A)’’; and shall prepare a schedule of fees or payments for (B) in subparagraph (B), by striking ‘‘338C’’ (2) by striking subsection (e). the entity’s services, consistent with locally pre- and inserting ‘‘338D’’; SEC. 312. PRIVATE PRACTICE. vailing rates or charges and designed to cover (4) in subsection (d)(1)— Section 338D of the Public Health Service Act the entity’s reasonable cost of operation. (A) in subparagraph (A), by striking ‘‘and’’ at (42 U.S.C. 254n) is amended by striking sub- ‘‘(B) SCHEDULE OF DISCOUNTS.—Except as pro- the end; section (b) and inserting the following: vided in paragraph (2), the entity shall prepare (B) by redesignating subparagraph (B) as sub- ‘‘(b)(1) The written agreement described in a corresponding schedule of discounts (includ- paragraph (C); and subsection (a) shall— ing, in appropriate cases, waivers) to be applied (C) by inserting after subparagraph (A) the ‘‘(A) provide that, during the period of private to such fees or payments. In preparing the following: practice by an individual pursuant to the agree- schedule, the entity shall adjust the discounts ‘‘(B) the Secretary, in considering applica- ment, the individual shall comply with the re- on the basis of a patient’s ability to pay. tions from individuals accepted for enrollment quirements of section 334 that apply to entities; ‘‘(C) USE OF SCHEDULES.—The entity shall or enrolled in dental school, shall consider ap- and make every reasonable effort to secure from pa- plications from all individuals accepted for en- ‘‘(B) contain such additional provisions as the tients fees and payments for services in accord- rollment or enrolled in any accredited dental Secretary may require to carry out the objectives ance with such schedules, and fees or payments school in a State; and’’; of this section.

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00132 Fmt 4624 Sfmt 6333 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 17, 2002 CONGRESSIONAL RECORD — SENATE S10763 ‘‘(2) The Secretary shall take such action as Federal agency, as the case may be, for the re- vide for the participation of individuals who are may be appropriate to ensure that the condi- payment of the amount due from an individual chiropractic doctors or pharmacists in the Loan tions of the written agreement prescribed by this under this section.’’. Repayment Program described in section 338B. subsection are adhered to.’’. (b) EFFECTIVE DATE.—The amendment made ‘‘(b) PROCEDURE.—An individual that receives SEC. 313. BREACH OF SCHOLARSHIP CONTRACT by subsection (a)(4) shall apply to any obliga- assistance under this section with regard to the OR LOAN REPAYMENT CONTRACT. tion for which a discharge in bankruptcy has program described in section 338B shall comply (a) IN GENERAL.—Section 338E of the Public not been granted before the date that is 31 days with all rules and requirements described in Health Service Act (42 U.S.C. 254o) is amended— after the date of enactment of this Act. such section (other than subparagraphs (A) and (1) in subsection (a)(1)— SEC. 314. AUTHORIZATION OF APPROPRIATIONS. (B) of section 338B(b)(1)) in order to receive as- (A) in subparagraph (A), by striking the Section 338H of the Public Health Service Act sistance under this section. comma and inserting a semicolon; (42 U.S.C. 254q) is amended to read as follows: ‘‘(c) LIMITATIONS.— (B) in subparagraph (B), by striking the ‘‘SEC. 338H. AUTHORIZATION OF APPROPRIA- ‘‘(1) IN GENERAL.—The demonstration project comma and inserting ‘‘; or’’; TIONS. described in this section shall provide for the (C) in subparagraph (C), by striking ‘‘or’’ at ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.— participation of individuals who shall provide the end; and For the purposes of carrying out this subpart, services in rural and urban areas. (D) by striking subparagraph (D); there are authorized to be appropriated ‘‘(2) AVAILABILITY OF OTHER HEALTH PROFES- (2) in subsection (b)— $146,250,000 for fiscal year 2002, and such sums SIONALS.—The Secretary may not assign an in- (A) in paragraph (1)(A)— as may be necessary for each of fiscal years 2003 dividual receiving assistance under this section (i) by striking ‘‘338F(d)’’ and inserting through 2006. to provide obligated service at a site unless— ‘‘338G(d)’’; ‘‘(b) SCHOLARSHIPS FOR NEW PARTICIPANTS.— ‘‘(A) the Secretary has assigned a physician (ii) by striking ‘‘either’’; Of the amounts appropriated under subsection (as defined in section 1861(r) of the Social Secu- (iii) by striking ‘‘338D or’’ and inserting (a) for a fiscal year, the Secretary shall obligate rity Act) or other health professional licensed to ‘‘338D,’’; and not less than 10 percent for the purpose of pro- prescribe drugs to provide obligated service at (iv) by inserting ‘‘or to complete a required viding contracts for— such site under section 338C or 338D; and residency as specified in section ‘‘(1) scholarships under this subpart to indi- ‘‘(B) such physician or other health profes- 338A(f)(1)(B)(iv),’’ before ‘‘the United States’’; viduals who have not previously received such sional will provide obligated service at such site and scholarships; or concurrently with the individual receiving as- ‘‘(2) scholarships or loan repayments under (B) by adding at the end the following new sistance under this section. the Loan Repayment Program under section paragraph: ‘‘(3) RULES OF CONSTRUCTION.— 338B to individuals from disadvantaged back- ‘‘(3) The Secretary may terminate a contract ‘‘(A) SUPERVISION OF INDIVIDUALS.—Nothing with an individual under section 338A if, not grounds. in this section shall be construed to require or ‘‘(c) SCHOLARSHIPS AND LOAN REPAYMENTS.— later than 30 days before the end of the school imply that a physician or other health profes- With respect to certification as a nurse practi- year to which the contract pertains, the indi- sional licensed to prescribe drugs must supervise tioner, nurse midwife, or physician assistant, vidual— an individual receiving assistance under the the Secretary shall, from amounts appropriated ‘‘(A) submits a written request for such termi- demonstration project under this section, with under subsection (a) for a fiscal year, obligate nation; and not less than a total of 10 percent for contracts respect to such project. ‘‘(B) repays all amounts paid to, or on behalf ‘‘(B) LICENSURE OF HEALTH PROFESSIONALS.— for both scholarships under the Scholarship of, the individual under section 338A(g).’’; Nothing in this section shall be construed to su- Program under section 338A and loan repay- (3) in subsection (c)— persede State law regarding licensure of health ments under the Loan Repayment Program (A) in paragraph (1)— under section 338B to individuals who are enter- professionals. (i) in the matter preceding subparagraph (A), ‘‘(d) DESIGNATIONS.—The demonstration ing the first year of a course of study or pro- by striking ‘‘338F(d)’’ and inserting ‘‘338G(d)’’; project described in this section, and any program described in section 338A(b)(1)(B) that and leads to such a certification or individuals who viders who are selected to participate in such (ii) by striking subparagraphs (A) through (C) are eligible for the loan repayment program as project, shall not be considered by the Secretary and inserting the following: specified in section 338B(b) for a loan related to in the designation of a health professional ‘‘(A) the total of the amounts paid by the such certification.’’. shortage area under section 332 during fiscal United States under section 338B(g) on behalf of years 2002 through 2004. the individual for any period of obligated serv- SEC. 315. GRANTS TO STATES FOR LOAN REPAY- MENT PROGRAMS. ‘‘(e) RULE OF CONSTRUCTION.—This section ice not served; Section 338I of the Public Health Service Act shall not be construed to require any State to ‘‘(B) an amount equal to the product of the (42 U.S.C. 254q–1) is amended— participate in the project described in this sec- number of months of obligated service that were (1) in subsection (a), by striking paragraph (1) tion. not completed by the individual, multiplied by and inserting the following: ‘‘(f) REPORT.— $7,500; and ‘‘(1) AUTHORITY FOR GRANTS.—The Secretary, ‘‘(1) IN GENERAL.—The Secretary shall evalu- ‘‘(C) the interest on the amounts described in acting through the Administrator of the Health ate the participation of individuals in the dem- subparagraphs (A) and (B), at the maximum Resources and Services Administration, may onstration projects under this section and pre- legal prevailing rate, as determined by the make grants to States for the purpose of assist- pare and submit a report containing the infor- Treasurer of the United States, from the date of ing the States in operating programs described mation described in paragraph (2) to— the breach; in paragraph (2) in order to provide for the in- ‘‘(A) the Committee on Health, Education, ‘‘except that the amount the United States is en- creased availability of primary health care serv- Labor, and Pensions of the Senate; titled to recover under this paragraph shall not ices in health professional shortage areas. The ‘‘(B) the Subcommittee on Labor, Health and be less than $31,000.’’; National Advisory Council established under Human Services, and Education of the Com- (B) by striking paragraphs (2) and (3) and in- section 337 shall advise the Administrator re- mittee on Appropriations of the Senate; serting the following: garding the program under this section.’’; ‘‘(C) the Committee on Energy and Commerce ‘‘(2) The Secretary may terminate a contract (2) in subsection (e), by striking paragraph (1) of the House of Representatives; and with an individual under section 338B if, not and inserting the following: ‘‘(D) the Subcommittee on Labor, Health and later than 45 days before the end of the fiscal ‘‘(1) to submit to the Secretary such reports re- Human Services, and Education of the Com- year in which the contract was entered into, the garding the States loan repayment program, as mittee on Appropriations of the House of Rep- individual— are determined to be appropriate by the Sec- resentatives. ‘‘(A) submits a written request for such termi- retary; and’’; and ‘‘(2) CONTENT.—The report described in para- nation; and (3) in subsection (i), by striking paragraph (1) graph (1) shall detail— ‘‘(B) repays all amounts paid on behalf of the and inserting the following: ‘‘(A) the manner in which the demonstration individual under section 338B(g).’’; and ‘‘(1) IN GENERAL.—For the purpose of making project described in this section has affected ac- (C) by redesignating paragraph (4) as para- grants under subsection (a), there are author- cess to primary care services, patient satisfac- graph (3); ized to be appropriated $12,000,000 for fiscal tion, quality of care, and health care services (4) in subsection (d)(3)(A), by striking ‘‘only if year 2002 and such sums as may be necessary provided for traditionally underserved popu- such discharge is granted after the expiration of for each of fiscal years 2003 through 2006.’’. lations; the five-year period’’ and inserting ‘‘only if SEC. 316. DEMONSTRATION GRANTS TO STATES ‘‘(B) how the participation of chiropractic such discharge is granted after the expiration of FOR COMMUNITY SCHOLARSHIP doctors and pharmacists in the Loan Repayment the 7-year period’’; and PROGRAMS. Program might affect the designation of health (5) by adding at the end the following new Section 338L of the Public Health Service Act professional shortage areas; and subsection: (42 U.S.C. 254t) is repealed. ‘‘(C) whether adding chiropractic doctors and ‘‘(e) Notwithstanding any other provision of SEC. 317. DEMONSTRATION PROJECT. pharmacists as permanent members of the Na- Federal or State law, there shall be no limita- Subpart III of part D of title III of the Public tional Health Service Corps would be feasible tion on the period within which suit may be Health Service Act (42 U.S.C. 254l et seq.) is and would enhance the effectiveness of the Na- filed, a judgment may be enforced, or an action amended by adding at the end the following: tional Health Service Corps. relating to an offset or garnishment, or other ac- ‘‘SEC. 338L. DEMONSTRATION PROJECT. ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— tion, may be initiated or taken by the Secretary, ‘‘(a) PROGRAM AUTHORIZED.—The Secretary ‘‘(1) IN GENERAL.—There are authorized to be the Attorney General, or the head of another shall establish a demonstration project to pro- appropriated to carry out this section, such

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sums as may be necessary for fiscal years 2002 ‘‘(2) submits to the Secretary an application, ‘‘(3) EXTRAORDINARY CIRCUMSTANCES.— through 2004. in such form and manner as the Secretary shall ‘‘(A) IN GENERAL.—In paragraph (2), the term ‘‘(2) FISCAL YEAR 2005.—If the Secretary deter- prescribe, that— ‘extraordinary circumstances’ means an event mines and certifies to Congress by not later than ‘‘(A) defines a community or geographic area (or events) that is outside of the control of the September 30, 2004, that the number of individ- of uninsured and underinsured individuals; eligible entity that has prevented the eligible en- uals participating in the demonstration project ‘‘(B) identifies the providers who will partici- tity from fulfilling the objectives described by established under this section is insufficient for pate in the consortium’s program under the such entity in the application submitted under purposes of performing the evaluation described grant, and specifies each provider’s contribution subsection (b)(2). in subsection (f)(1), the authorization of appro- to the care of uninsured and underinsured indi- ‘‘(B) EXAMPLES.—Extraordinary cir- priations under paragraph (1) shall be extended viduals in the community, including the volume cumstances include— to include fiscal year 2005.’’. of care the provider provides to beneficiaries ‘‘(i) natural disasters or other major disrup- TITLE IV—HEALTHY COMMUNITIES under the medicare, medicaid, and State child tions to the security or health of the community ACCESS PROGRAM health insurance programs and to patients who or geographic area served by the eligible entity; pay privately for services; or SEC. 401. PURPOSE. ‘‘(C) describes the activities that the applicant ‘‘(ii) a significant economic deterioration in The purpose of this title is to provide assist- and the consortium propose to perform under the community or geographic area served by ance to communities and consortia of health the grant to further the objectives of this sec- such eligible entity, that directly and adversely care providers and others, to develop or tion; affects the entity receiving an award under sub- strengthen integrated community health care ‘‘(D) demonstrates the consortium’s ability to section (a). delivery systems that coordinate health care build on the current system (as of the date of ‘‘(d) PRIORITIES.—In awarding grants under services for individuals who are uninsured or submission of the application) for serving a com- this section, the Secretary— underinsured and to develop or strengthen ac- munity or geographic area of uninsured and ‘‘(1) shall accord priority to applicants that tivities related to providing coordinated care for underinsured individuals by involving providers demonstrate the extent of unmet need in the individuals with chronic conditions who are un- who have traditionally provided a significant community involved for a more coordinated sys- insured or underinsured, through the— volume of care for that community; tem of care; and (1) coordination of services to allow individ- ‘‘(E) demonstrates the consortium’s ability to ‘‘(2) may accord priority to applicants that uals to receive efficient and higher quality care develop coordinated systems of care that either best promote the objectives of this section, tak- and to gain entry into and receive services from directly provide or ensure the prompt provision ing into consideration the extent to which the a comprehensive system of care; of a broad range of high-quality, accessible serv- (2) development of the infrastructure for a application involved— ices, including, as appropriate, primary, sec- ‘‘(A) identifies a community whose geo- health care delivery system characterized by ef- ondary, and tertiary services, as well as sub- graphical area has a high or increasing percent- fective collaboration, information sharing, and stance abuse treatment and mental health serv- age of individuals who are uninsured; clinical and financial coordination among all ices in a manner that assures continuity of care ‘‘(B) demonstrates that the applicant has in- providers of care in the community; and in the community or geographic area; cluded in its consortium providers, support sys- (3) provision of new Federal resources that do ‘‘(F) provides evidence of community involve- not supplant funding for existing Federal cat- tems, and programs that have a tradition of ment in the development, implementation, and serving uninsured individuals and underinsured egorical programs that support entities pro- direction of the program that the entity proposes viding services to low-income populations. individuals in the community; to operate; ‘‘(C) shows evidence that the program would SEC. 402. CREATION OF HEALTHY COMMUNITIES ‘‘(G) demonstrates the consortium’s ability to expand utilization of preventive and primary ACCESS PROGRAM. ensure that individuals participating in the pro- Part D of title III of the Public Health Service care services for uninsured and underinsured gram are enrolled in public insurance programs individuals and families in the community, in- Act (42 U.S.C. 254b et seq.) is amended by insert- for which the individuals are eligible or know of ing after subpart IV the following new subpart: cluding behavioral and mental health services, private insurance programs where available; oral health services, or substance abuse services; ‘‘Subpart V—Healthy Communities Access ‘‘(H) presents a plan for leveraging other ‘‘(D) proposes a program that would improve Program sources of revenue, which may include State coordination between health care providers and ‘‘SEC. 340. GRANTS TO STRENGTHEN THE EFFEC- and local sources and private grant funds, and appropriate social service providers; TIVENESS, EFFICIENCY, AND CO- integrating current and proposed new funding ‘‘(E) demonstrates collaboration with State ORDINATION OF SERVICES FOR THE sources in a way to assure long-term sustain- and local governments; UNINSURED AND UNDERINSURED. ability of the program; ‘‘(F) demonstrates that the applicant makes ‘‘(a) IN GENERAL.—The Secretary may award ‘‘(I) describes a plan for evaluation of the ac- use of non-Federal contributions to the greatest grants to eligible entities to assist in the devel- tivities carried out under the grant, including extent possible; or opment of integrated health care delivery sys- measurement of progress toward the goals and ‘‘(G) demonstrates a likelihood that the pro- tems to serve communities of individuals who objectives of the program and the use of evalua- posed program will continue after support under are uninsured and individuals who are under- tion findings to improve program performance; this section ceases. insured— ‘‘(J) demonstrates fiscal responsibility through ‘‘(e) USE OF FUNDS.— ‘‘(1) to improve the efficiency of, and coordi- the use of appropriate accounting procedures ‘‘(1) USE BY GRANTEES.— nation among, the providers providing services and appropriate management systems; ‘‘(A) IN GENERAL.—Except as provided in through such systems; ‘‘(K) demonstrates the consortium’s commit- paragraphs (2) and (3), a grantee may use ‘‘(2) to assist communities in developing pro- ment to serve the community without regard to amounts provided under this section only for— grams targeted toward preventing and man- the ability of an individual or family to pay by ‘‘(i) direct expenses associated with achieving aging chronic diseases; and arranging for or providing free or reduced ‘‘(3) to expand and enhance the services pro- the greater integration of a health care delivery charge care for the poor; and system so that the system either directly provided through such systems. ‘‘(L) includes such other information as the vides or ensures the provision of a broad range ‘‘(b) ELIGIBLE ENTITIES.—To be eligible to re- Secretary may prescribe. of culturally competent services, as appropriate, ceive a grant under this section, an entity shall ‘‘(c) LIMITATIONS.— be an entity that— ‘‘(1) NUMBER OF AWARDS.— including primary, secondary, and tertiary serv- ‘‘(1) represents a consortium— ‘‘(A) IN GENERAL.—For each of fiscal years ices, as well as substance abuse treatment and ‘‘(A) whose principal purpose is to provide a 2003, 2004, 2005, and 2006, the Secretary may not mental health services; and broad range of coordinated health care services make more than 35 new awards under sub- ‘‘(ii) direct patient care and service expan- for a community defined in the entity’s grant section (a) (excluding renewals of such awards). sions to fill identified or documented gaps with- application as described in paragraph (2); and ‘‘(B) RULE OF CONSTRUCTION.—This para- in an integrated delivery system. ‘‘(B) that includes at least one of each of the graph shall not be construed to affect awards ‘‘(B) SPECIFIC USES.—The following are exam- following providers that serve the community made before fiscal year 2003. ples of purposes for which a grantee may use (unless such provider does not exist within the ‘‘(2) IN GENERAL.—An eligible entity may not grant funds under this section, when such use community, declines or refuses to participate, or receive a grant under this section (including meets the conditions stated in subparagraph places unreasonable conditions on their partici- with respect to any such grant made before fis- (A): pation): cal year 2003) for more than 3 consecutive fiscal ‘‘(i) Increases in outreach activities and clos- ‘‘(i) a Federally qualified health center (as de- years, except that such entity may receive such ing gaps in health care service. fined in section 1861(aa) of the Social Security a grant award for not more than 1 additional ‘‘(ii) Improvements to case management. Act (42 U.S.C. 1395x(aa))); fiscal year if— ‘‘(iii) Improvements to coordination of trans- ‘‘(ii) a hospital with a low-income utilization ‘‘(A) the eligible entity submits to the Sec- portation to health care facilities. rate (as defined in section 1923(b)(3) of the So- retary a request for a grant for such an addi- ‘‘(iv) Development of provider networks and cial Security Act (42 U.S.C. 1396r–4(b)(3)), that tional fiscal year; other innovative models to engage physicians in is greater than 25 percent; ‘‘(B) the Secretary determines that extraor- voluntary efforts to serve the medically under- ‘‘(iii) a public health department; and dinary circumstances (as defined in paragraph served within a community. ‘‘(iv) an interested public or private sector (3)) justify the granting of such request; and ‘‘(v) Recruitment, training, and compensation health care provider or an organization that has ‘‘(C) the Secretary determines that granting of necessary personnel. traditionally served the medically uninsured such request is necessary to further the objec- ‘‘(vi) Acquisition of technology for the pur- and underserved; and tives described in subsection (a). pose of coordinating care.

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00134 Fmt 4624 Sfmt 6333 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 17, 2002 CONGRESSIONAL RECORD — SENATE S10765 ‘‘(vii) Improvements to provider communica- been successful in improving the effectiveness, ‘‘(5) programs developed in consultation with tion, including implementation of shared infor- efficiency, and coordination of services for un- State and local dental societies to expand or es- mation systems or shared clinical systems. insured and underinsured individuals in the tablish oral health services and facilities in des- ‘‘(viii) Development of common processes for communities or geographic areas served by such ignated dental health professional shortage determining eligibility for the programs provided projects, including whether the projects resulted areas, including services and facilities for chil- through the system, including creating common in the provision of better quality health care for dren with special needs, such as— identification cards and single sliding scale dis- such individuals, and whether such care was ‘‘(A) the expansion or establishment of a com- counts. provided at lower costs, than would have been munity-based dental facility, free-standing den- ‘‘(ix) Development of specific prevention and provided in the absence of such projects. tal clinic, consolidated health center dental fa- disease management tools and processes. ‘‘(j) DEMONSTRATION AUTHORITY.—The Sec- cility, school-linked dental facility, or United ‘‘(x) Translation services. retary may make demonstration awards under States dental school-based facility; ‘‘(xi) Carrying out other activities that may be this section to historically black health profes- ‘‘(B) the establishment of a mobile or portable appropriate to a community and that would in- sions schools for the purposes of— dental clinic; and crease access by the uninsured to health care, ‘‘(1) developing patient-based research infra- ‘‘(C) the establishment or expansion of private such as access initiatives for which private enti- structure at historically black health professions dental services to enhance capacity through ad- ties provide non-Federal contributions to sup- schools, which have an affiliation, or affili- ditional equipment or additional hours of oper- plement the Federal funds provided through the ations, with any of the providers identified in ation; grants for the initiatives. section (b)(1)(B); ‘‘(6) placement and support of dental stu- ‘‘(2) DIRECT PATIENT CARE LIMITATION.—Not ‘‘(2) establishment of joint and collaborative dents, dental residents, and advanced dentistry more than 15 percent of the funds provided programs of medical research and data collec- trainees; under a grant awarded under this section may tion between historically black health profes- ‘‘(7) continuing dental education, including be used for providing direct patient care and sions schools and such providers, whose goal is distance-based education; services. to improve the health status of medically under- ‘‘(8) practice support through teledentistry ‘‘(3) RESERVATION OF FUNDS FOR NATIONAL served populations; or conducted in accordance with State laws; PROGRAM PURPOSES.—The Secretary may use ‘‘(3) supporting the research-related costs of ‘‘(9) community-based prevention services not more than 3 percent of funds appropriated patient care, data collection, and academic such as water fluoridation and dental sealant to carry out this section for providing technical training resulting from such affiliations. programs; assistance to grantees, obtaining assistance of ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(10) coordination with local educational experts and consultants, holding meetings, de- There are authorized to be appropriated to carry agencies within the State to foster programs veloping of tools, disseminating of information, out this section such sums as may be necessary that promote children going into oral health or evaluation, and carrying out activities that will for each of fiscal years 2002 through 2006. science professions; extend the benefits of programs funded under ‘‘(l) DATE CERTAIN FOR TERMINATION OF PRO- ‘‘(11) the establishment of faculty recruitment this section to communities other than the com- GRAM.—Funds may not be appropriated to carry programs at accredited dental training institu- munity served by the program funded. out this section after September 30, 2006.’’. tions whose mission includes community out- ‘‘(f) GRANTEE REQUIREMENTS.— SEC. 403. EXPANDING AVAILABILITY OF DENTAL reach and service and that have a demonstrated ‘‘(1) EVALUATION OF EFFECTIVENESS.—A SERVICES. record of serving underserved States; grantee under this section shall— Part D of title III of the Public Health Service ‘‘(12) the development of a State dental officer ‘‘(A) report to the Secretary annually regard- Act (42 U.S.C. 254b et seq.) is amended by add- position or the augmentation of a State dental ing— ing at the end the following: office to coordinate oral health and access ‘‘(i) progress in meeting the goals and measur- ‘‘Subpart X—Primary Dental Programs issues in the State; and ‘‘(13) any other activities determined to be ap- able objectives set forth in the grant application ‘‘SEC. 340F. DESIGNATED DENTAL HEALTH PRO- submitted by the grantee under subsection (b); FESSIONAL SHORTAGE AREA. propriate by the Secretary. and ‘‘In this subpart, the term ‘designated dental ‘‘(c) APPLICATION.— ‘‘(ii) the extent to which activities conducted health professional shortage area’ means an ‘‘(1) IN GENERAL.—Each State desiring a grant by such grantee have— area, population group, or facility that is des- under this section shall submit an application to ‘‘(I) improved the effectiveness, efficiency, ignated by the Secretary as a dental health pro- the Secretary at such time, in such manner, and and coordination of services for uninsured and fessional shortage area under section 332 or des- containing such information as the Secretary underinsured individuals in the communities or ignated by the applicable State as having a den- may reasonably require. ‘‘(2) ASSURANCES.—The application shall in- geographic areas served by such grantee; tal health professional shortage. ‘‘(II) resulted in the provision of better quality clude assurances that the State will meet the re- ‘‘SEC. 340G. GRANTS FOR INNOVATIVE PRO- quirements of subsection (d) and that the State health care for such individuals; and GRAMS. ‘‘(III) resulted in the provision of health care possesses sufficient infrastructure to manage the ‘‘(a) GRANT PROGRAM AUTHORIZED.—The Sec- to such individuals at lower cost than would retary, acting through the Administrator of the activities to be funded through the grant and to have been possible in the absence of the activi- Health Resources and Services Administration, evaluate and report on the outcomes resulting ties conducted by such grantee; and is authorized to award grants to States for the from such activities. ‘‘(B) provide for an independent annual fi- ‘‘(d) MATCHING REQUIREMENT.—The Secretary purpose of helping States develop and imple- nancial audit of all records that relate to the may not make a grant to a State under this sec- ment innovative programs to address the dental disposition of funds received through the grant. tion unless that State agrees that, with respect workforce needs of designated dental health ‘‘(2) PROGRESS.—The Secretary may not renew to the costs to be incurred by the State in car- professional shortage areas in a manner that is an annual grant under this section for an entity rying out the activities for which the grant was appropriate to the States’ individual needs. for a fiscal year unless the Secretary is satisfied awarded, the State will provide non-Federal ‘‘(b) STATE ACTIVITIES.—A State receiving a that the consortium represented by the entity grant under subsection (a) may use funds re- contributions in an amount equal to not less has made reasonable and demonstrable progress ceived under the grant for— than 40 percent of Federal funds provided under in meeting the goals and measurable objectives ‘‘(1) loan forgiveness and repayment programs the grant. The State may provide the contribu- set forth in the entity’s grant application for the for dentists who— tions in cash or in kind, fairly evaluated, in- preceding fiscal year. ‘‘(A) agree to practice in designated dental cluding plant, equipment, and services and may ‘‘(g) MAINTENANCE OF EFFORT.—With respect health professional shortage areas; provide the contributions from State, local, or to activities for which a grant under this section ‘‘(B) are dental school graduates who agree to private sources. is authorized, the Secretary may award such a serve as public health dentists for the Federal, ‘‘(e) REPORT.—Not later than 5 years after the grant only if the applicant for the grant, and State, or local government; and date of enactment of the Health Care Safety Net each of the participating providers, agree that ‘‘(C) agree to— Amendments of 2002, the Secretary shall prepare the grantee and each such provider will main- ‘‘(i) provide services to patients regardless of and submit to the appropriate committees of tain its expenditures of non-Federal funds for such patients’ ability to pay; and Congress a report containing data relating to such activities at a level that is not less than the ‘‘(ii) use a sliding payment scale for patients whether grants provided under this section have level of such expenditures during the fiscal year who are unable to pay the total cost of services; increased access to dental services in designated immediately preceding the fiscal year for which ‘‘(2) dental recruitment and retention efforts; dental health professional shortage areas. the applicant is applying to receive such grant. ‘‘(3) grants and low-interest or no-interest ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(h) TECHNICAL ASSISTANCE.—The Secretary loans to help dentists who participate in the There is authorized to be appropriated to carry may, either directly or by grant or contract, pro- medicaid program under title XIX of the Social out this section, $50,000,000 for the 5-fiscal year vide any entity that receives a grant under this Security Act (42 U.S.C. 1396 et seq.) to establish period beginning with fiscal year 2002.’’. section with technical and other nonfinancial or expand practices in designated dental health SEC. 404. STUDY REGARDING BARRIERS TO PAR- assistance necessary to meet the requirements of professional shortage areas by equipping dental TICIPATION OF FARMWORKERS IN this section. offices or sharing in the overhead costs of such HEALTH PROGRAMS. ‘‘(i) EVALUATION OF PROGRAM.—Not later practices; (a) IN GENERAL.—The Secretary shall conduct than September 30, 2005, the Secretary shall pre- ‘‘(4) the establishment or expansion of dental a study of the problems experienced by farm- pare and submit to the appropriate committees residency programs in coordination with accred- workers (including their families) under Med- of Congress a report that describes the extent to ited dental training institutions in States with- icaid and SCHIP. Specifically, the Secretary which projects funded under this section have out dental schools; shall examine the following:

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00135 Fmt 4624 Sfmt 6333 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10766 CONGRESSIONAL RECORD — SENATE October 17, 2002 (1) BARRIERS TO ENROLLMENT.—Barriers to Congress on the study conducted under this sec- served, 500,000 people were homeless, their enrollment, including a lack of outreach tion. The report shall contain a detailed state- 600,000 were migrant and seasonal farm and outstationed eligibility workers, complicated ment of findings and conclusions of the study, workers and 55,000 were residents of applications and eligibility determination proce- together with its recommendations for such leg- public housing. Clearly, this program dures, and linguistic and cultural barriers. islation and administrative actions as the Sec- (2) LACK OF PORTABILITY.—The lack of port- retary considers appropriate. has been successful in meeting the goals of its creators. ability of Medicaid and SCHIP coverage for TITLE V—STUDY AND MISCELLANEOUS farmworkers who are determined eligible in one PROVISIONS That is why I urge the Senate to ap- State but who move to other States on a sea- SEC. 501. GUARANTEE STUDY. prove the Safety Net Amendments of sonal or other periodic basis. The Secretary of Health and Human Services 2002—critical legislation that includes (3) POSSIBLE SOLUTIONS.—The development of shall conduct a study regarding the ability of possible solutions to increase enrollment and ac- the reauthorization of the community the Department of Health and Human Services cess to benefits for farmworkers, because, in health center program. Today, the need to provide for solvency for managed care net- part, of the problems identified in paragraphs for a robust safety net is more pressing works involving health centers receiving fund- (1) and (2), and the associated costs of each of than ever before. The Census Bureau ing under section 330 of the Public Health Serv- the possible solution described in subsection (b). ice Act. The Secretary shall prepare and submit recently reported an increase in the (b) POSSIBLE SOLUTIONS.—Possible solutions a report to the appropriate Committees of Con- numbers of uninsured to 41.2 million, to be examined shall include each of the fol- gress regarding such ability not later than 2 an astounding 14.6% of the population. lowing: years after the date of enactment of the Health (1) INTERSTATE COMPACTS.—The use of inter- This increase resulted from a drop in state compacts among States that establish port- Care Safety Net Amendments of 2002. the number of people covered by em- ability and reciprocity for eligibility for farm- SEC. 502. GRADUATE MEDICAL EDUCATION. ployment-based health insurance. With workers under the Medicaid and SCHIP and po- Section 762(k) of the Public Health Service Act (42 U.S.C. 294o(k)) is amended by striking the economy in its weakened state, the tential financial incentives for States to enter Congress cannot sit idly by as more into such compacts. ‘‘2002’’ and inserting ‘‘2003’’. (2) DEMONSTRATION PROJECTS.—The use of TITLE VI—CONFORMING AMENDMENTS and more Americans see their access to multi-state demonstration waiver projects under SEC. 601. CONFORMING AMENDMENTS. health care slip from their grasp. Once section 1115 of the Social Security Act (42 U.S.C. (a) HOMELESS PROGRAMS.—Subsections more, Congress must recognize a re- 1315) to develop comprehensive migrant coverage (g)(1)(G)(ii), (k)(2), and (n)(1)(C) of section 224, sponsibility to ensure adequate health demonstration projects. and sections 317A(a)(2), 317E(c), 318A(e), care to all Americans and strengthen (3) USE OF CURRENT LAW FLEXIBILITY.—Use of 332(a)(2)(C), 340D(c)(5), 799B(6)(B), 1313, and the programs that have been proven ef- current law Medicaid and SCHIP State plan 2652(2) of the Public Health Service Act (42 fective in delivering care to the unin- provisions relating to coverage of residents and U.S.C. 233, 247b–1(a)(2), 247b–6(c), 247c–1(e), sured. out-of-State coverage. 254e(a)(2)(C), 256d(c)(5), 295p(6)(B), 300e–12, and (4) NATIONAL MIGRANT FAMILY COVERAGE.— 300ff–52(2)) are amended by striking ‘‘340’’ and Passage of the Safety Net Amend- The development of programs of national mi- inserting ‘‘330(h)’’. ments is the first step to closing the grant family coverage in which States could (b) HOMELESS INDIVIDUAL.—Section 534(2) of dangerous gaps in our health care sys- participate. the Public Health Service Act (42 U.S.C. 290cc– tem. Not only does it strengthen the (5) PUBLIC-PRIVATE PARTNERSHIPS.—The pro- 34(2)) is amended by striking ‘‘340(r)’’ and in- community health center program, it vision of incentives for development of public- serting ‘‘330(h)(5)’’. private partnerships to develop private coverage also reauthorizes and improves the Na- alternatives for farmworkers. Mr. KENNEDY. Mr. President, I am tional Health Service Corps, a program (6) OTHER POSSIBLE SOLUTIONS.—Such other pleased to join my colleagues in sup- that enables health care providers to solutions as the Secretary deems appropriate. port of the Senate passage of the serve in medically underserved areas. (c) CONSULTATIONS.—In conducting the study, Health Care Safety Net Amendment of The bill enhances the delivery and in- the Secretary shall consult with the following: 2002—a bill that could not have been re- tegration of rural health care services. (1) Farmworkers affected by the lack of port- alized without the strong support re- It encourages the development of inno- ability of coverage under the Medicaid program ceived from both sides of the aisle. I or the State children’s health insurance pro- vative telehealth technologies that can want to commend Senator FRIST and gram (under titles XIX and XXI of the Social connect remote areas with providers. It Security Act). Senator GREGG for their unfailing dedi- addresses the serious shortages in den- (2) Individuals with expertise in providing cation to the goals of this legislation. tal care in many communities across health care to farmworkers, including designees Senator REED and Senator HARKIN con- the country. Finally, it authorizes the of national and local organizations representing tributed to this bill in important ways Healthy Communities Access Program migrant health centers and other providers. by expanding access in underserved (HCAP), an existing initiative that has (3) Resources with expertise in health care fi- areas to pharmacists and chiropractic been successful in integrating and im- nancing. doctors. I also must express my appre- (4) Representatives of foundations and other proving care to needy populations. This nonprofit entities that have conducted or sup- ciation to Congressmen BILL TAUZIN, program brings together public and pri- ported research on farmworker health care fi- MIKE BILIRAKIS, SHERROD BROWN, and vate providers and encourages them to nancial issues. JOHN DINGELL for all their hard work work collectively to enhance the (5) Representatives of Federal agencies which in reaching agreement. Most of all, I health care of the uninsured. HCAP has are involved in the provision or financing of would like to recognize the unfaltering spurred the development of creative health care to farmworkers, including the efforts of Senator DODD, who as always, and effective solutions to health care Health Care Financing Administration and the was determined to improve the deliv- Health Research and Services Administration. delivery problems that are models of (6) Representatives of State governments. ery and quality of health care to poor innovation and collaboration for us all. (7) Representatives from the farm and agricul- and vulnerable populations. Thirty years ago, Congress created In approving, the Safety Net bill, we tural industries. will not only offer hope to millions of (8) Designees of labor organizations rep- the health centers program in response resenting farmworkers. to an urgent need. At that time, there struggling families, but we will provide (d) DEFINITIONS.—For purposes of this sec- were growing numbers of Americans them with the security that even with- tion: who lived in medically underserved out health insurance, there is someone (1) FARMWORKER.—The term ‘‘farmworker’’ areas and lacked access to basic pri- they can turn to for help. means a migratory agricultural worker or seasonal agricultural worker, as such terms are de- mary care. And for the past three dec- Mr. GREGG. Mr. President, I am fined in section 330(g)(3) of the Public Health ades, the health centers program ful- proud to support the Health Care Safe- Service Act (42 U.S.C. 254c(g)(3)), and includes a filled the crucial role of a safety net ty Net conference agreement passed family member of such a worker. for our nation’s most vulnerable and today. This legislation re-authorizes (2) MEDICAID.—The term ‘‘Medicaid’’ means underserved populations. and strengthens several programs that the program under title XIX of the Social Secu- I am proud of the hard work and provide critical services to the unin- rity Act. dedication of our community health sured and medically underserved. With (3) SCHIP.—The term ‘‘SCHIP’’ means the centers. In 2000, health centers pro- the recent announcement by the U.S. State children’s health insurance program under title XXI of the Social Security Act. vided more than 9.6 million people with Census Bureau that there are now 41.5 (e) REPORT.—Not later than one year after the cost-effective, high quality, preventive million uninsured Americans, this leg- date of the enactment of this Act, the Secretary and primary care at more than 3,000 islation comes at a crucial time. The shall transmit a report to the President and the sites across the country. Of those safety net legislation will ensure that

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00136 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 17, 2002 CONGRESSIONAL RECORD — SENATE S10767 millions of Americans who are unin- S. 2527 (1) shall administer this section to provide sured or who lack adequate health in- Be it enacted by the Senate and House of Rep- for— surance coverage will at least have ac- resentatives of the United States of America in (A) a period of notice and open enrollment cess to preventive and basic primary Congress assembled, for individuals affected by this section; and (B) no lapse of health coverage for individ- health care services in their commu- SECTION 1. CONTINUATION OF HEALTH BENE- FITS COVERAGE FOR INDIVIDUALS uals who enroll in a health benefits plan nities. ENROLLED IN A PLAN ADMINIS- under chapter 89 of title 5, United States The legislation reauthorizes the com- TERED BY THE OVERSEAS PRIVATE Code, in accordance with this section; and munity health centers program, which INVESTMENT CORPORATION. (2) may prescribe regulations to implement provides needed health care services, (a) ENROLLMENT IN CHAPTER 89 PLAN.—For this section. purposes of the administration of chapter 89 including outpatient dental, diag- of title 5, United States Code, any period of f nostic, treatment, preventive, and pri- enrollment under a health benefits plan ad- LYME AND INFECTIOUS DISEASE mary care—in under-served rural and ministered by the Overseas Private Invest- INFORMATION AND FAIRNESS IN inner-city areas. These services are ment Corporation before the effective date of TREATMENT (LIFT) ACT provided through community health this Act shall be deemed to be a period of en- centers, migrants health centers, farm- rollment in a health benefits plan under Mr. REID. Mr. President, I ask unan- workers, health centers for the home- chapter 89 of such title. imous consent that the HELP Com- (b) CONTINUED COVERAGE.— less, health centers for residents of mittee be discharged from further con- (1) IN GENERAL.—Any individual who, on sideration of S. 969, and the Senate pro- public housing, and healthy schools June 30, 2002, is covered by a health benefits programs. It also re-authorizes the Na- plan administered by the Overseas Private ceed to its consideration. tional Health Service Crops, a program Investment Corporation may enroll in an ap- The PRESIDING OFFICER. Without that trains and places health profes- proved health benefits plan described under objection, it is so ordered. sionals in areas where there are short- section 8903 or 8903a of title 5, United States The clerk will report the bill by title. ages of qualified professionals. Finally, Code— The legislative clerk read as follows: the legislation establishes the Healthy (A) either as an individual or for self and A bill (S. 969) to establish a Tick-Borne family, if such individual is an employee, an- Communities Access Program, which Disorders Advisory Committee, and for other nuitant, or former spouse as defined under purposes. will help coordinate community serv- section 8901 of such title; and There being no objection, the Senate ices for the uninsured. (B) for coverage effective on and after June I believe this legislation represents 30, 2002. proceeded to the consideration of the what can be achieved when good policy (2) INDIVIDUALS CURRENTLY UNDER CONTIN- bill. and bipartisanship overcome politics. A UED COVERAGE.—An individual who, on June Mr. DODD. Mr. President, it is with priority for President Bush, this legis- 30, 2002, is entitled to continued coverage great pleasure that I rise today to sig- lation is an important piece of his under a health benefits plan administered by nal the passage of important legisla- the Overseas Private Investment Corpora- tion designed to combat the dev- agenda to ensure that all Americans tion— have access to health care services. As astating illness of Lyme disease. The (A) shall be deemed to be entitled to con- objective of this bipartisan consensus a next step, I look forward to working tinued coverage under section 8905a of title 5, with the President, and my colleagues United States Code, for the same period that legislation is simple—to put us on the in the Senate and House, to ensure that would have been permitted under the plan path toward eradicating Lyme dis- all Americans have access to affordable administered by the Overseas Private Invest- ease—a disease still unfamiliar to some health insurance. ment Corporation; and Americans, but one that is all too fa- Mr. REID. Mr. President, I ask unan- (B) may enroll in an approved health bene- miliar to those of us from Connecticut fits plan described under section 8903 or 8903a and the Northeast. imous consent that the Senate concur of such title in accordance with section 8905a in the House amendment to the bill, The impact that Lyme disease can of such title for coverage effective on and have on its victims is tremendous. The and that the motion to reconsider be after June 30, 2002. disease first achieved prominence in laid on the table. (3) UNMARRIED DEPENDENT CHILDREN.—An The PRESIDING OFFICER. Without individual who, on June 30, 2002, is covered as the 1980s in the state of Connecticut objection, it is so ordered. an unmarried dependent child under a health and got its name from the town of benefits plan administered by the Overseas Lyme, CT. Today, Connecticut resi- f Private Investment Corporation and who is dents have the dubious distinction of PROVIDING FOR HEALTH not a member of family as defined under sec- being 10 times more likely to contract BENEFITS COVERAGE tion 8901(5) of title 5, United States Code— Lyme disease than the rest of the na- (A) shall be deemed to be entitled to con- tion. However, Mr. President, the inci- Mr. REID. Mr. President, I ask unan- tinued coverage under section 8905a of such imous consent that the Senate proceed title as though the individual had, on June dence of Lyme disease nationwide is on to the consideration of calendar No. 30, 2002, ceased to meet the requirements for the rise. In fact, cases of Lyme disease 710, S. 2527. being considered an unmarried dependent have been reported by 49 states and the The PRESIDING OFFICER. The child under chapter 89 of such title; and District of Columbia. Since 1982, the clerk will report the bill by title. (B) may enroll in an approved health bene- number of Lyme disease cases reported The legislative clerk read as follows: fits plan described under section 8903 or 8903a to health officials numbers more than of such title in accordance with section 8905a A bill (S. 2527) to provide for health bene- 145,000. However, reports indicate that for continued coverage effective on and after the actual incidence of the disease may fits coverage under chapter 89, title 5, United June 30, 2002. States Code, for individuals enrolled in a (c) TRANSFERS TO THE EMPLOYEES HEALTH be many times greater than current plan administered by the Overseas Private BENEFITS FUND.— figures suggest. Investment Corporation, and for other pur- (1) IN GENERAL.—The Overseas Private In- Health problems experienced by poses. vestment Corporation shall transfer to the those infected with Lyme disease can There being no objection, the Senate Employees Health Benefits Fund established include facial paralysis, joint swelling, proceeded to the consideration of the under section 8909 of title 5, United States loss of coordination, irregular heart- bill. Code, amounts determined by the Director of beat, liver malfunction, depression, and Mr. REID. Mr. President, I ask unan- the Office of Personnel Management, after memory loss. Because Lyme disease consultation with the Overseas Private In- imous consent that the bill be read a vestment Corporation, to be necessary to re- frequently mimics other conditions, third time, passed, and the motion to imburse the Fund for the cost of providing patients often must visit multiple doc- reconsider be laid upon the table, with benefits under this section not otherwise tors before a proper diagnosis is made. no intervening action or debate; and paid for by the individuals covered by this This can result in prolonged pain and that any statements relating to this section. suffering, unnecessary tests, costly and matter be printed in the RECORD. (2) AVAILABILITY OF FUNDS.—The amounts futile treatments, and devastating The PRESIDING OFFICER. Is there transferred under paragraph (1) shall be held emotional consequences for victims of objection? in the Fund and used by the Office in addi- Lyme disease and their families. tion to amounts available under section Without objection, it is so ordered. 8906(g)(1) of title 5, United States Code. The legislation that we pass today is The bill (S. 2527) was read the third (d) ADMINISTRATION AND REGULATIONS.— a continuation of earlier efforts to time and passed, as follows: The Office of Personnel Management— stem the growth of Lyme disease and

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00137 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10768 CONGRESSIONAL RECORD — SENATE October 17, 2002 other tick-borne disorders. Through an The PRESIDING OFFICER. Without (iii) Health care providers. amendment that I offered to the FY objection, it is so ordered. (iv) Patient representatives who are indi- 1999 Department of Defense appropria- The amendment (No. 4894) was agreed viduals who have been diagnosed with tick- tions bill, an additional $3 million was to, as follows: borne illnesses or who have had an imme- directed toward the DoD’s Lyme dis- diate family member diagnosed with such ill- (Purpose: To provide for a complete ness. ease research efforts. This signaled an substitute) (v) Representatives of State and local important first step in the fight to in- Strike all after the enacting clause and in- health departments and national organiza- crease our understanding of this dis- sert the following: tions who represent State and local health ease, but clearly more remains to be SECTION 1. FINDINGS. professionals. done. The legislation we pass today Congress makes the following findings: (B) REQUIREMENT.—The Secretary shall en- further continues these efforts. (1) Lyme disease is a common but fre- sure that an equal number of individuals are Central to this legislation, is the cre- quently misunderstood illness that, if not appointed to the Committee from each of the ation of a federal advisory committee caught early and treated properly, can cause member groups described in clauses (i) on Lyme disease and other tick-borne serious health problems. through (v) of subparagraph (A). disorders. This advisory committee (2) Lyme disease is a bacterial infection (2) EX OFFICIO MEMBERS.—The Committee that is transmitted by a tick bite. Early shall have nonvoting ex officio members de- will bring together members of the sci- termined appropriate by the Secretary. entific community, health care pro- signs of infection may include a rash and flu- like symptoms such as fever, muscle aches, (d) CO-CHAIRPERSONS.—The Assistant Sec- viders, and, most important, those headaches, and fatigue. retary of Health shall serve as the co-chair- most personally touched by this dev- (3) Although Lyme disease can be treated person of the Committee with a public co- astating disease, Lyme patients and with antibiotics if caught early, the disease chairperson chosen by the members de- their families themselves. It is my often goes undetected because it mimics scribed under subsection (c). The public co- hope that the important work of this, other illnesses or may be misdiagnosed. Un- chairperson shall serve a 2-year term and re- the first federal advisory committee on treated, Lyme disease can lead to severe tain all voting rights. Lyme disease, will lay out a concise heart, neurological, eye, and joint problems (e) TERM OF APPOINTMENT.—All members shall be appointed to serve on the Committee and workable federal blueprint for because the bacteria can affect many different organs and organ systems. for 4 year terms. combating this debilitating illness. (4) If an individual with Lyme disease does (f) VACANCY.—If there is a vacancy on the Additionally, this legislation will es- not receive treatment, such individual can Committee, such position shall be filled in tablish clear goals for federal action develop severe heart, neurological, eye, and the same manner as the original appoint- designed to conquer Lyme disease and joint problems. ment. Any member appointed to fill a va- other tick-borne disorders. In laying (5) Although Lyme disease accounts for 90 cancy for an unexpired term shall be ap- out these goals, the legislation offers a percent of all vector-borne infections in the pointed for the remainder of that term. framework for the federal government United States, the ticks that spread Lyme Members may serve after the expiration of that includes research, treatment, and disease also spread other disorders, such as their terms until their successors have taken office. prevention efforts designed to stop the ehrlichiosis, babesiosis, and other strains of (g) MEETINGS.—The Committee shall hold growth of Lyme disease and other tick- Borrelia. All of these diseases in 1 patient makes diagnosis and treatment more dif- public meetings, except as otherwise deter- borne disorders. ficult. mined by the Secretary, giving notice to the The legislation passed by the United (6) Although tick-borne disease cases have public of such, and meet at least twice a year States Senate today also authorizes $10 been reported in 49 States and the District of with additional meetings subject to the call million for federal activities related to Columbia, about 90 percent of the 15,000 cases of the co-chairpersons. Agenda items can be the prevention and effective treatment have been reported in the following 10 added at the request of the Committee mem- of Lyme disease and other tick-borne States: Connecticut, Pennsylvania, New bers, as well as the co-chairpersons. Meet- disorders. This critically important York, New Jersey, Rhode Island, Maryland, ings shall be conducted, and records of the funding will also provide needed re- Massachusetts, Minnesota, Delaware, and proceedings kept as required by applicable laws and Departmental regulations. search funding for vector-borne dis- Wisconsin. Studies have shown that the actual number of tick-borne disease cases are (h) REPORTS.— eases, such as Lyme disease. (1) IN GENERAL.—Not later than 24 months I wish to thank my colleague from approximately 10 times the amount reported due to poor surveillance of the disease. after the date of enactment of this Act, and Pennsylvania, Senator RICK SANTORUM, (7) Persistence of symptomatology in many annually thereafter, the Secretary shall sub- the legislation’s chief Republican co- patients without reliable testing makes mit to Congress a report on the activities sponsor, for his steadfast support of treatment of patients more difficult. carried out under this Act. ONTENT this initiative. It is due to his support, SEC. 2. ESTABLISHMENT OF A TICK-BORNE DIS- (2) C .—Such reports shall describe— the support of my colleagues on the ORDERS ADVISORY COMMITTEE. (A) progress in the development of accurate diagnostic tools that are more useful in Senate HELP Committee, and the sup- (a) ESTABLISHMENT OF COMMITTEE.—Not the clinical setting; and port of the Lyme disease community later than 180 days after the date of enactment of this Act, there shall be established (B) the promotion of public awareness and that we are here today on the verge of physician education initiatives to improve significantly strengthening the federal an advisory committee to be known as the Tick-Borne Disorders Advisory Committee the knowledge of health care providers and commitment to eradicating Lyme dis- (referred to in this Act as the ‘‘Committee’’) the public regarding clinical and surveil- ease. I pledge to continue to work with organized in the Office of the Secretary. lance practices for Lyme disease and other my colleagues to ensure vigorous and (b) DUTIES.—The Committee shall advise tick-borne disorders. effective oversight of the legislation’s the Secretary and Assistant Secretary of (i) AUTHORIZATION OF APPROPRIATIONS.— implementation in order to ensure that Health regarding how to— There is authorized to be appropriated to our intent is fully realized. (1) assure interagency coordination and carry out this Act, $250,000 for each of fiscal I think I can speak for all of my col- communication and minimize overlap re- years 2003 and 2004. Amounts appropriated under this subsection shall be used for the leagues when I say that we look for- garding efforts to address tick-borne disorders; expenses and per diem costs incurred by the ward to the day when Lyme disease no Committee under this section in accordance longer causes so many to suffer. This (2) identify opportunities to coordinate efforts with other Federal agencies and private with the Federal Advisory Committee Act (5 legislation offers an important and organizations addressing tick-borne dis- U.S.C. App.), except that no voting member critical step toward that laudable goal. orders; and of the Committee shall be a permanent sala- Mr. REID. Mr. President, Senator (3) develop informed responses to constitu- ried employee. DODD has a substitute amendment at ency groups regarding the Department of SEC. 3. AUTHORIZATION FOR RESEARCH FUND- the desk, and I ask unanimous consent Health and Human Services’ efforts and ING. for its consideration; that the amend- progress. There are authorized to be appropriated ment be agreed to, and the motion to (c) MEMBERSHIP.— $10,000,000 for each of fiscal years 2003 (1) APPOINTED MEMBERS.— through 2007 to provide for research and edu- reconsider be laid upon the table; that cational activities concerning Lyme disease the bill, as amended, be read three (A) IN GENERAL.—The Secretary of Health and Human Services shall appoint voting and other tick-borne disorders, and to carry times, passed, and the motion to recon- members to the Committee from among the out efforts to prevent Lyme disease and sider be laid upon the table; and that following member groups: other tick-borne disorders. any statements relating to the matter (i) Scientific community members. SEC. 4. GOALS. be printed in the RECORD, with no in- (ii) Representatives of tick-borne disorder It is the sense of the Senate that, in car- tervening action or debate. voluntary organizations. rying out this Act, the Secretary of Health

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00138 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 17, 2002 CONGRESSIONAL RECORD — SENATE S10769 and Human Services (referred to in this sec- include Huntington’s disease, FOLEY for their leadership in the House tion as the ‘‘Secretary’’), acting as appro- myoclonus, ALS (Lou Gehrig’s dis- of Representatives. I know that all of priate in consultation with the Director of ease), Tourette syndrome, and mus- us look forward to the implementation the Centers for Disease Control and Preven- cular dystrophy. of these important measures we are ap- tion, the Director of the National Institutes The Rare Diseases Act and the Rare of Health, the Committee, and other agen- proving today. cies, should consider carrying out the fol- Diseases Orphan Product Development Mr. REID. Mr. President, I ask unan- lowing: Act build upon the enormous success of imous consent that the bill be read (1) FIVE-YEAR PLAN.—It is the sense of the the original Orphan Drug Act, which three times, passed, the motion to re- Senate that the Secretary should consider encouraged the development of over 220 consider be laid upon the table, and the establishment of a plan that, for the five treatments for rare diseases and dis- that any statements relating to this fiscal years following the date of the enact- orders. matter be printed in the RECORD, with ment of this Act, provides for the activities The Rare Diseases Act of 2002 pro- no intervening action or debate. to be carried out during such fiscal years to- vides a statutory authorization for the The PRESIDING OFFICER. Is there ward achieving the goals under paragraphs (2) through (4). The plan should, as appro- existing Office of Rare Diseases at the objection? priate to such goals, provide for the coordi- National Institutes of Health and au- Without objection, it is so ordered. nation of programs and activities regarding thorizes regional centers of excellence The bill (H.R. 4013) was read the third Lyme disease and other tick-borne disorders for research and training with respect time and passed. that are conducted or supported by the Fed- to rare diseases. This proposal origi- f eral Government. nated with the NIH, in recommenda- AMENDING THE FEDERAL FOOD, (2) FIRST GOAL: DIAGNOSTIC TEST.—The goal tions of a Special Emphasis Panel con- DRUG, AND COSMETIC ACT described in this paragraph is to develop a vened to examine the state of rare dis- diagnostic test for Lyme disease and other Mr. REID. Mr. President, I ask unan- tick-borne disorders for use in clinical test- ease research. The Panel itself was convened in response to a request of the imous consent the Senate now proceed ing. to the consideration of H.R. 4014. (3) SECOND GOAL: SURVEILLANCE AND RE- Senate Appropriations Committee in The PRESIDING OFFICER. The PORTING OF LYME DISEASE AND OTHER TICK- 1996, and it is appropriate that we are BORNE DISORDERS.—The goal described in this today introducing legislation which clerk will report the bill by title. paragraph is to accurately determine the represents the fruition of a long, delib- The legislative clerk read as follows: prevalence of Lyme disease and other tick- erative process involving both Congress A bill (H.R. 4014) to amend the Federal borne disorders in the United States. and the NIH. Food, Drug, and Cosmetic Act with respect (4) THIRD GOAL: PREVENTION OF LYME DIS- The Rare Diseases Orphan Product to the development of products for rare dis- EASE AND OTHER TICK-BORNE DISORDERS.—The eases. Development Act increases funding for goal described in this paragraph is to develop There being no objection, the Senate the capabilities at the Department of Health the Food and Drug Administration’s Orphan Product Research Grant pro- proceeded to the consideration of the and Human Services to design and imple- bill. ment improved strategies for the prevention gram, which provides vital support for Mr. REID. Mr. President, I ask unan- and control of Lyme disease and other tick- clinical research on new treatments for imous consent that the bill be read borne diseases. Such diseases may include rare diseases and disorders. This fund- three times, passed, and the motion to Masters’ disease, ehrlichiosis, babesiosis, ing will encourage many more com- reconsider be laid upon the table; and other bacterial, viral and rickettsial diseases mercial sponsors to investigate and de- such as tularemia, tick-borne encephalitis, that any statements thereto be printed velop vital new medicines. Rocky Mountain Spotted Fever, and in the RECORD, with no intervening ac- bartonella, respectively. Although each rare disease may not affect many patients, 25 million Ameri- tion or debate. The bill (S. 969), as amended, was The PRESIDING OFFICER. Is there cans today suffer from the 6,000 known read the third time and passed. objection? rare diseases and disorders, including f Without objection, it is so ordered. more than 600,000 in Massachusetts. AMENDING THE PUBLIC HEALTH The bill (H.R. 4014) was read the third Anyone who has a family member or time and passed. SERVICE ACT friend who suffers from a rare disease Mr. REID. Mr. President, I ask unan- or disorder knows the importance of f imous consent that the Senate now developing new treatments and helping TO ESTABLISH WILDERNESS proceed to the consideration of H.R. patients to obtain these potential AREAS, PROMOTE CONSERVA- 4013. cures. Today’s passage of these two TION, IMPROVE PUBLIC LAND, The PRESIDING OFFICER. The bills will provide the resources nec- AND PROVIDE FOR HIGH QUAL- clerk will report the bill by title. essary to continue to develop new ITY DEVELOPMENT IN CLARK The legislative clerk read as follows: treatments and even cures for millions COUNTY, NEVADA A bill (H.R. 4013) to amend the Public of Americans. Mr. REID. Mr. President, I ask unan- Health Service Act to establish an Office of I would also add that these bills are imous consent that the Senate proceed Rare Diseases at the National Institutes of intended to build upon previous con- to the consideration of H.R. 5200. Health, and for other purposes. gressional efforts to expand research The PRESIDING OFFICER. The There being no objection, the Senate and development for all rare diseases clerk will report the bill by title. proceeded to the consideration of the and disorders. Senator HATCH and I in- The legislative clerk read as follows: bill. troduced the Rare Diseases Act, upon A bill (H.R. 5200) to establish wilderness Mr. KENNEDY. Mr. President, I com- which these bills are based, to expand areas, promote conservation, improve public mend the Senate today for its bipar- and enhance existing initiatives under- land, and provide for high quality develop- tisan action in approving the Rare Dis- way at the various institutes of NIH ment in Clark County, Nevada, and for other eases Act of 2002 and the Rare Diseases with respect to different rare diseases, purposes. Orphan Product Development Act of including but not limited to muscular There being no objection, the Senate 2002. These two measures will enhance dystrophy, Huntington’s disease, and proceeded to the consideration of the the prospects for developing effective ALS (Lou Gehrig’s disease). I believe bill. care, treatments and cures for literally the NIH will act upon these new bills in Mr. REID. Mr. President, today I rise thousands of rare diseases and dis- the appropriate spirit, by building upon to comment on the Clark County Con- orders. current activities and investments on servation of Public Lands and Natural Congress has a longstanding commit- rare diseases and disorders. Resources Act of 2002, which is impor- ment to provide this support. In 1983, I commend the National Organiza- tant to southern Nevada and a priority we passed the Orphan Drug Act to im- tion for Rare Diseases for its tireless for the Nevada delegation. This broad- prove the development of treatments and continuing leadership on these based compromise legislation is also for rare diseases and disorders. These basic issues. I also commend Senator important for America. The many pro- diseases affect small patient popu- HATCH for his leadership on this issue visions in this legislation reflect the lations, typically smaller than 200,000 in the Senate, and I commend Con- many challenges faced by southern Ne- individuals in the United States. They gressmen WAXMAN, SHIMKUS, and vada. I would like to highlight some of

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00139 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10770 CONGRESSIONAL RECORD — SENATE October 17, 2002 the ways in which the Clark County agement to reserve a right-of-way for Act, the Endangered Species Act, and Conservation PLAN will enhance the non-exclusive utility and transpor- all other applicable laws, such as the quality of life and economic opportuni- tation corridors between the Las Vegas National Historic Preservation Act, ties for Nevadans at the same time we valley and the proposed airport. How- prior to any conveyance of title. In protect southern Nevada’s environment ever, both of these provisions are con- passing this legislation, Congress infor the benefit of future generations. tingent upon a positive record of deci- tends that a thorough environmental When Congress passed the Southern sion on the environmental impact analysis of the transfer be undertaken Nevada Public Lands Management Act statement for the planned Ivanpah Air- prior to transfer so that decision- in 1998, we made the decision that it port. makers are fully informed of any envi- was in the public interest to transition One of the most precious areas in ronmental impacts associated with the away from federal-private land ex- southern Nevada is a humble canyon transfer. In fact, section 804(e) address- changes and competitively auction near Henderson. It is an area graced es the issue of the costs associated those parcels of land deemed by the with hundreds of petroglyphs. This with complying with NEPA, again un- BLM as suitable for disposal. This deci- canyon is in desperate need of protec- derscoring Congress’s anticipation that sion has proven quite effective and fair tion because it is within a short walk a thorough NEPA review will be under- and represents the future of land pri- of the Las Vegas valley. Similar re- taken. In addition, it is our intent that vatization in Nevada and the West. sources elsewhere in the desert South- an analysis of any species listed as en- However, at the time the law was en- west have been destroyed by urban endangered or threatened under the En- acted, Congress did contemplate that a croachment. dangered Species Act take place prior limited number of ongoing land ex- The Clark County Conservation to the transfer. Congress recognizes changes should be completed because PLAN designates the Sloan that these environmental reviews are of their benefit to the public. The Red petroglyphs site and the area that com- necessary prior to conveyance to en- Rock Canyon-Howard Hughes exchange prises most of its watershed as the sure that any appropriate conditions to is one such exchange. This land ex- North McCullough Mountains Wilder- change has been contemplated for a mitigate impacts of the transfer can be ness. This wilderness combined with implemented. I think the language of number of years and enjoys unusually about 32,000 acres of open space com- broad support ranging from the County the bill is straightforward but appre- prises the proposed Sloan Canyon Na- ciate the concerns that have been to the environmental community. The tional Conservation Area. The NCA and time when this exchange should have raised in this regard and hope that my wilderness will provide critical protec- statement clarifies this point. reached completion through the ad- tion for the Sloan petroglyphs, pre- ministrative process has long since serve open space near Henderson’s rap- In addition, section 803(a) references passed and a legislative resolution is idly growing neighborhoods and to- a map dated July 3, 2002, which depicts now in order. gether represent a legacy of cultural the lands and features of the Humboldt Nevada has nearly 100 wilderness and natural resource conservation our project. Subsection (b) of section 803 study areas on federal land across the grandchildren will value dearly. directs the Secretary to submit a map state, which remain de facto wilderness The sheer number of public lands bill of the Humboldt Project Conveyance as until Congress acts. These areas, which requests Senator ENSIGN and I receive soon as practicable after the date of en- are primarily owned by the Bureau of is daunting. If we introduced separate actment of the legislation. In case of a Land Management, are managed to legislation to address each legitimate conflict between the map referred to in protect wilderness character of the issue that constituents bring to our at- subsection (a) and the map submitted lands under current law. Those of us tention, we would create an awkward by the Secretary under subsection (b), who wrote this bill hold different views patchwork of new federal laws. The the map referred to in subsection (b) is regarding wilderness. But in developing Clark County Conservation PLAN pro- to control. This provision is included the wilderness component of this bill, vides a comprehensive vision and to allow only for clarifying clerical and Senator ENSIGN, Congressman GIBBONS framework for conservation and devel- technical modifications to the map. We and I made good faith compromises opment in southern Nevada that bal- anticipate that any discrepancy be- that protect all interested parties as ances competing interests. tween the maps referred to in sub- we designated 18 wilderness totaling The final title of our bill includes a sections (a) and (b) will be minimal. about 450,000 acres and released 220,000 select few of the many important pub- Senator ENSIGN and I are proud of the acres from wilderness study area sta- lic interest land conveyances. For ex- progress we have made and believe that tus. We believe that this solid com- ample, we include two land grants to this bill could serve as a model for bi- promise represents a critical step to- further the higher education mission of partisan cooperation and constructive ward addressing the outstanding wil- Nevada’s university system. compromise. We are grateful for the derness issues in the state of Nevada. Our bill conveys a small active shoot- The Clark County Conservation ing range to the Las Vegas Metropoli- work done in the House of Representa- PLAN Act modifies the Southern Ne- tan Police Department for training tives by Congressman GIBBONS and vada Public Lands Management Act purposes. We grant a modest parcel of Congresswoman BERKLEY to convince and expands the so-called Las Vegas land to the City of Las Vegas for the their colleagues of the importance of valley disposal boundary. This expan- development of affordable housing. this bill which led to a unanimous fa- sion will make an additional 23,000 These small but important actions will vorable vote on October 16. acres of BLM land available for auction help our communities, law enforce- I also appreciate the assistance we and development. ment, and educational system better received from Senator BINGAMAN and One of the most important infra- serve southern Nevada. Senator WYDEN, as chairmen of the full structure issues facing southern Ne- I would like to address some concerns and subcommittees with jurisdiction vada is siting a new international air- regarding provisions in the House over this bill, they played critical roles port. The County’s preferred site is in a version of the Clark County Conserva- in improving the bill. In addition Sen- dry lake bed between Jean and Primm, tion PLAN raised by a number of Ne- ate Energy and Natural Resources Nevada south of the Las Vegas Valley vadans some of which may be shared by Committee staff worked very hard, par- in the Interstate 15 transportation cor- the Chairman of the Senate Energy and ticularly over the past month to per- ridor near the California border. Con- Natural Resources Committee, Senator fect this legislation. The long hours gress made federal land at that site BINGAMAN. The title in question in- and expertise of these professionals, in- available for use as an airport, pending volves a Bureau of Reclamation title cluding David Brooks, Kira Finkler, environmental reviews. The Clark transfer and confusion over whether Patty Beneke, Bob Simon, Shelley County Conservation PLAN com- this provision would be subject to ex- Brown, Sam Fowler, Dick Bouts, and plements that law in two important isting laws and how the final maps will Jim Bierne and House staff including ways. First, our bill conveys federal be drawn. I want to emphasize to my Robert Uithoven, Rick Healy, Jim land adjacent to the proposed airport colleagues that this legislation trans- Zoia, Tim Stewart, Rob Howarth, Lisa to the Clark County Airport Authority ferring right, title and interest in the Pittman, Lisa Daley and Dayne Bar- so that it can promote compatible de- Humboldt Project specifically con- ron, made passage of this bill possible velopment within the area impacted by templates in section 808 that the Sec- but more importantly made our bill the noise of the airport. Second, our retary of the Interior will comply with better. Often overlooked in the devel- bill directs the Bureau of Land Man- the National Environmental Policy opment of a bill such as this one is the

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00140 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 17, 2002 CONGRESSIONAL RECORD — SENATE S10771 work done by federal employees who AMENDING THE HIGHER 101(a)(4), the institution’s students complete work for the public land management EDUCATION ACT OF 1965 their clinical training at an approved veterinary school located in the United States.’’. agencies. In the development of this Mr. REID. Mr. President, I ask unan- bill, however, such oversight would be (b) EFFECTIVE DATE.—This Act and the imous consent that the HELP Com- amendments made by this Act shall be effec- inexcusable because Bob Abbey, Mark mittee be discharged from further con- tive as if enacted on October 1, 1998. Morse, Laurie Sedlmayr, Donn Siebert, sideration of S. 1998 and the Senate Robert Taylor, Demetrius Purdie-Wil- The bill (S. 1998), as amended, was proceed to its consideration. read the third time and passed. liams and Jeremy Noble, Bill Dickin- The PRESIDING OFFICER. Without f son, Dick Birger, and many others pro- objection, it is so ordered. vided valuable insights and assistance The clerk will report the bill by title. DIRECTING THE CLERK OF THE without which this bill would not have The legislative clerk read as follows: HOUSE OF REPRESENTATIVES been possible. John Lopez of Senator A bill (S. 1998) to amend the Higher Edu- TO CORRECT THE ENROLLMENT ENSIGN’s staff and my staff met with cation Act of 1965 with respect to the quali- OF THE BILL H.R. 2215 hundreds of Nevadans to ensure that fication of foreign schools. this bill is a Nevada bill that is good Mr. REID. Mr. President, I ask unan- There being no objection, the Senate imous consent that the Senate proceed for America. Among these individuals, proceeded to the consideration of the Clint Bentley, John Wallin, Jeremy to the consideration of H. Con. Res. 503. bill. The PRESIDING OFFICER. The Garncarz, Blake Monk, John and Mr. REID. Mr. President, Senators Hermi Hiatt, Larry Johnson, Roger clerk will report the concurrent resolu- ENSIGN, ALLARD, and ALLEN have a sub- tion by title. Scholl, Elise McAllister, Terry stitute amendment at the desk. I ask Crawforth, John Moran, Jr., Kevin The legislative clerk read as follows: unanimous consent that the amend- A concurrent resolution (H. Con. Res. 503) Mack, Chuck Musser, Jane Feldman, ment be considered and agreed to and Doug Hunt, Pam Wilcox, Kelly Jensen, directing the Clerk of the House of Rep- the motion to reconsider be laid upon resentatives to correct the enrollment of the Cal Baird, George Reyling, Toni the table; the bill, as amended, be read bill H.R. 2215. Worley, Mike Carey, as well as rep- three times, passed, and the motion to There being no objection, the Senate resentatives of the many municipali- reconsider be laid upon the table, and proceeded to the consideration of the ties in Clark County played particu- that any statements relating to this bill. larly important roles. Countless others matter be printed in the RECORD, with Mr. REID. Mr. President, I ask unan- provided constructive suggestions and no intervening action or debate. imous consent that the concurrent res- support that led to this point. The PRESIDING OFFICER. Is there olution be agreed to, the motion to re- Mr. President, I ask unanimous con- objection? consider be laid upon the table, and sent that the bill be read three times, Without objection, it is so ordered. that any statements relating to this passed, and the motion to reconsider be The amendment (No. 4895) was agreed matter be printed in the RECORD. laid upon the table, with no inter- to, as follows: The PRESIDING OFFICER. Is there vening action or debate. (Purpose: To provide a complete substitute) objection? The PRESIDING OFFICER. Is there Strike all after the enacting clause and in- Without objection, it is so ordered. objection? sert the following: The concurrent resolution (H. Con. Without objection, it is so ordered. SECTION 1. FOREIGN SCHOOL ELIGIBILITY. Res. 503) was agreed to. The bill (H.R. 5200) was read the third (a) IN GENERAL.—Section 102(a)(2)(A) of the f time and passed. Higher Education Act of 1965 (20 U.S.C. 1002(a)(2)(A)) is amended to read as follows: TO AMEND THE INTERNATIONAL ‘‘(A) IN GENERAL.—For the purpose of f ORGANIZATIONS IMMUNITIES ACT qualifying as an institution under paragraph (1)(C), the Secretary shall establish criteria Mr. REID. Mr. President, I ask unan- AUTHORIZING THE NATIONAL IN- by regulation for the approval of institutions imous consent the Senate proceed to STITUTE OF STANDARDS AND outside the United States and for the deter- the consideration of Calendar No. 688, TECHNOLOGY TO WORK WITH mination that such institutions are com- H.R. 3656. MAJOR MANUFACTURING INDUS- parable to an institution of higher education The PRESIDING OFFICER. The TRIES as defined in section 101 (except that a grad- clerk will report the bill by title. uate medical school, or a veterinary school, The legislative clerk read as follows: Mr. REID. Mr. President, I ask unan- located outside the United States shall not imous consent that the Senate now be required to meet the requirements of sec- A bill (H.R. 3656) to amend the Inter- tion 101(a)(4)). Such criteria shall include a national Organizations Immunities Act to proceed to the consideration of cal- provide for the applicability of that Act to endar No. 736, H.R. 2733. requirement that a student attending such school outside the United States is ineligible the European Central Bank. The PRESIDING OFFICER. The for loans made, insured, or guaranteed under There being no objection, the Senate clerk will report the bill by title. part B of title IV unless— proceeded to consider the bill. The legislative clerk read as follows: ‘‘(i) in the case of a graduate medical Mr. REID. Mr. President, I ask unan- A bill (H.R. 2733) to authorize the National school located outside the United States— imous consent that the bill be read the ‘‘(I)(aa) at least 60 percent of those en- Institute of Standards and Technology to third time, passed, the motion to re- work with major manufacturing industries rolled in, and at least 60 percent of the graduates of, the graduate medical school outside consider be laid on the table, with no on an initiative of standards development intervening action or debate, and any and implementation for electronic enterprise the United States were not persons described integration. in section 484(a)(5) in the year preceding the statements relating to this matter be year for which a student is seeking a loan printed in the RECORD. There being no objection, the Senate under part B of title IV; and The PRESIDING OFFICER. Without proceeded to the consideration of the ‘‘(bb) at least 60 percent of the individuals objection, it is so ordered. bill. who were students or graduates of the grad- The bill (H.R. 3656) was read the third uate medical school outside the United Mr. REID. Mr. President, I ask unan- time and passed. imous consent that the bill be read States or Canada (both nationals of the United States and others) taking the exami- f three times, passed, and the motion to nations administered by the Educational reconsider be laid upon the table, and Commission for Foreign Medical Graduates THE CALENDAR that any statements relating to this received a passing score in the year pre- Mr. REID. Mr. President, I ask unan- matter be printed in the RECORD, with ceding the year for which a student is seek- imous consent that the Judiciary Com- no intervening action or debate. ing a loan under part B of title IV; or mittee be discharged from further con- The PRESIDING OFFICER. Is there ‘‘(II) the institution has a clinical training sideration and the Senate proceed to objection? program that was approved by a State as of January 1, 1992; or consideration of the following bills en Without objection, it is so ordered. ‘‘(ii) in the case of a veterinary school lo- bloc: S. 963, S. 1366, S. 453, S. 1950, S. The bill (H.R. 2733) was read the third cated outside the United States that does 1468, S. 209, and H.R. 2245; further, I ask time and passed. not meet the requirements of section unanimous consent that the bills be

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00141 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10772 CONGRESSIONAL RECORD — SENATE October 17, 2002 read three times, passed en bloc, the reading, read the third time, and of immigrant visas or for adjustment of sta- motions to reconsider be laid on the passed, as follows: tus to that of aliens lawfully admitted for permanent residence upon filing an applica- table en bloc, and any statements re- S. 1366 tion for issuance of immigrant visas under lating to these matters be printed in Be it enacted by the Senate and House of Rep- section 204 of such Act or for adjustment of the RECORD. resentatives of the United States of America in status to lawful permanent resident. The PRESIDING OFFICER. Without Congress assembled, (b) ADJUSTMENT OF STATUS.—If Denes objection, it is so ordered. SECTION 1. PERMANENT RESIDENT STATUS FOR Fulop or Gyorgyi Fulop enters the United f LINDITA IDRIZI HEATH. States before the filing deadline specified in (a) IN GENERAL.—Notwithstanding section subsection (c), the alien shall be considered RELIEF OF ANA ESPARZA AND 101(b)(1) and subsections (a) and (b) of section to have entered and remained lawfully and MARIA MUNOZ 201 of the Immigration and Nationality Act, shall, if otherwise eligible, be eligible for adjustment of status under section 245 of the The bill (S. 963) for the relief of Ana Lindita Idrizi Heath shall be eligible for issuance of an immigrant visa or for adjust- Immigration and Nationality Act as of the Esparza and Maria Munoz was consid- ment of status to that of an alien lawfully date of enactment of this Act. ered, ordered to be engrossed for a admitted for permanent residence upon fil- (c) DEADLINE FOR APPLICATION AND PAY- third reading, read the third time, and ing an application for issuance of an immi- MENT OF FEES.—Subsections (a) and (b) shall passed, as follows: grant visa under section 204 of that Act or apply only if the application for issuance of immigrant visas or the application for ad- S. 963 for adjustment of status to lawful permanent resident. justment of status are filed with appropriate Be it enacted by the Senate and House of Rep- (b) ADJUSTMENT OF STATUS.—If Lindita fees within 2 years after the date of enact- resentatives of the United States of America in Idrizi Heath enters the United States before ment of this Act. Congress assembled, the filing deadline specified in subsection (c), (d) REDUCTION OF IMMIGRANT VISA NUM- SECTION 1. PERMANENT RESIDENT STATUS FOR Lindita Idrizi Heath shall be considered to BERS.—Upon the granting of immigrant visas ANA ESPARZA AND MARIA MUNOZ. have entered and remained lawfully and or permanent residence to Denes and (a) IN GENERAL.—Notwithstanding sub- shall, if otherwise eligible, be eligible for ad- Gyorgyi Fulop, the Secretary of State shall sections (a) and (b) of section 201 of the Im- justment of status under section 245 of the instruct the proper officer to reduce by the migration and Nationality Act, Ana Esparza Immigration and Nationality Act as of the appropriate number, during the current or and Maria Munoz shall be eligible for date of enactment of this Act. next following fiscal year, the total number issuance of immigrant visas or for adjust- (c) DEADLINE FOR APPLICATION AND PAY- of immigrant visas that are made available ment of status to that of aliens lawfully ad- MENT OF FEES.—Subsections (a) and (b) shall to natives of the country of the aliens’ birth mitted for permanent residence upon filing apply only if the application for issuance of under section 203(a) of the Immigration and an application for issuance of immigrant an immigrant visa or the application for ad- Nationality Act or, if applicable, the total visas under section 204 of that Act or for adjustment of status is filed with appropriate number of immigrant visas that are made justment of status to lawful permanent resi- fees within 2 years after the date of enact- available to natives of the country of the dent. ment of this Act. aliens’ birth under section 202(e) of such Act. (b) ADJUSTMENT OF STATUS.—If Ana (d) REDUCTION OF IMMIGRANT VISA NUM- f Esparza or Maria Munoz enters the United BERS.—Upon the granting of an immigrant States before the filing deadline specified in visa or permanent residence to Lindita Idrizi RELIEF OF RICHI JAMES LESLEY subsection (c), the alien shall be considered Heath, the Secretary of State shall instruct The bill (S. 1950) for the relief of to have entered and remained lawfully and the proper officer to reduce by one, during Richi James Lesley was considered, or- shall be eligible for adjustment of status the current or next following fiscal year, the dered to be engrossed for a third read- under section 245 of the Immigration and Na- total number of immigrant visas that are tionality Act as of the date of enactment of ing, read the third time, and passed, as made available to natives of the country of follows: this Act. birth of Lindita Idrizi Heath under section (c) DEADLINE FOR APPLICATION AND PAY- 203(a) of the Immigration and Nationality S. 1950 MENT OF FEES.—Subsections (a) and (b) shall Act or, if applicable, the total number of im- Be it enacted by the Senate and House of Rep- apply only if the application for issuance of migrant visas that are made available to na- resentatives of the United States of America in immigrant visas or the application for ad- tives of the country of birth of Lindita Idrizi Congress assembled, justment of status are filed with appropriate Heath under section 202(e) of that Act. SECTION 1. PERMANENT RESIDENT STATUS FOR fees within 2 years after the date of enact- RICHI JAMES LESLEY. SEC. 2. ELIGIBILITY FOR CITIZENSHIP. ment of this Act. (a) IN GENERAL.—Notwithstanding sub- For purposes of section 320 of the Immigra- (d) REDUCTION OF IMMIGRANT VISA NUM- sections (a) and (b) of section 201 of the Im- tion and Nationality Act (8 U.S.C. 1431; relat- BERS.—Upon the granting of immigrant visas migration and Nationality Act, Richi James or permanent residence to Ana Esparza and ing to the automatic acquisition of citizen- Lesley shall be eligible for issuance of an im- Maria Munoz, the Secretary of State shall ship by certain children born outside the migrant visa or for adjustment of status to instruct the proper officer to reduce by the United States), Lindita Idrizi Heath shall be that of an alien lawfully admitted for perma- appropriate number, during the current or considered to have satisfied the require- nent residence upon filing an application for next following fiscal year, the total number ments applicable to adopted children under issuance of an immigrant visa under section of immigrant visas that are made available section 101(b)(1) of that Act (8 U.S.C. 204 of such Act or for adjustment of status to to natives of the country of the aliens’ birth 1101(b)(1)). lawful permanent resident. under section 203(a) of the Immigration and SEC. 3. LIMITATION. (b) ADJUSTMENT OF STATUS.—If Richi Nationality Act or, if applicable, the total No natural parent, brother, or sister, if James Lesley enters the United States be- number of immigrant visas that are made any, of Lindita Idrizi Heath shall, by virtue fore the filing deadline specified in sub- available to natives of the country of the of such relationship, be accorded any right, section (c), he shall be considered to have en- aliens’ birth under section 202(e) of such Act. privilege, or status under the Immigration tered and remained lawfully and shall, if oth- SEC. 2. ELIGIBILITY OF ANA ESPARZA FOR PUB- and Nationality Act. erwise eligible, be eligible for adjustment of LIC BENEFITS. f status under section 245 of the Immigration Title IV of the Personal Responsibility and and Nationality Act as of the date of enact- Work Opportunity Reconciliation Act of 1996 RELIEF OF DENES AND GYORGYI ment of this Act. (8 U.S.C. 1601 et seq.) shall not apply for pur- FULOP (c) DEADLINE FOR APPLICATION AND PAY- MENT OF FEES.—Subsections (a) and (b) shall poses of determining the eligibility of Ana The bill (S. 453) for the relief of Denes Esparza or Maria Munoz for any Federal pub- apply only if the application for issuance of lic benefit (as defined in section 401(c) (8 and Gyorgyi Fulop was considered, or- an immigrant visa or the application for ad- U.S.C. 1611(c)), including a specified Federal dered to be engrossed for a third readjustment of status are filed with appropriate program defined in section 402(a)(3) of that ing, read the third time, and passed, as fees within 2 years after the date of enact- Act (8 U.S.C. 1612(a)(3)), a designated Federal follows: ment of this Act. (d) REDUCTION OF IMMIGRANT VISA NUM- program defined in section 402(b)(3) of that S. 453 Act (8 U.S.C. 1612(a)(3)), or a State or local BER.—Upon the granting of an immigrant Be it enacted by the Senate and House of Rep- public benefit, as defined in section 411(c) of visa or permanent residence to Richi James resentatives of the United States of America in that Act (8 U.S.C. 1621(c)). Lesley, the Secretary of State shall instruct Congress assembled, the proper officer to reduce by one, during f SECTION 1. PERMANENT RESIDENT STATUS FOR the current or next following fiscal year, the RELIEF OF LINDITA IDRIZI HEATH DENES AND GYORGYI FULOP. total number of immigrant visas that are (a) IN GENERAL.—Notwithstanding sub- made available to natives of the country of The bill (S. 1366) for the relief of sections (a) and (b) of section 201 of the Im- the alien’s birth under section 203(a) of the Lindita Idrizi Heath was considered, migration and Nationality Act, Denes and Immigration and Nationality Act or, if appli- ordered to be engrossed for a third Gyorgyi Fulop shall be eligible for issuance cable, the total number of immigrant visas

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00142 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 17, 2002 CONGRESSIONAL RECORD — SENATE S10773 that are made available to natives of the øSEC. 2. ESTABLISHMENT OF A NATIONAL CEN- ø‘‘(2) the term ‘volunteer provider’ means a country of the alien’s birth under section TER ON VOLUNTEER AND PROVIDER person who volunteers or seeks to volunteer 202(e) of such Act. SCREENING. with a qualified entity; ø (e) EFFECTIVE DATE OF IMMIGRANT STA- The Juvenile Justice and Delinquency ø‘‘(3) the term ‘provider’ means a person TUS.—Upon the granting of the status of an Prevention Act of 1974 (42 U.S.C. 5601 et seq.) who is employed by or volunteers or who alien lawfully admitted for permanent resi- is amended by adding at the end the fol- seeks to be employed by or volunteer with a dence to Richi James Lesley under this Act, lowing: qualified entity, who owns or operates a the Attorney General shall make a record of ø‘‘TITLE VI—NATIONAL CENTER ON qualified entity, or who has or may have un- lawful admission for permanent residence in VOLUNTEER AND PROVIDER SCREENING supervised access to a child to whom the the case of Richi James Lesley as of the date ø‘‘SEC. 601. SHORT TITLE. qualified entity provides care; of the alien’s arrival in the United States. ø‘‘This title may be cited as the ‘National ø‘‘(4) the term ‘national criminal back- Child Protection Improvement Act’. ground check system’ means the criminal f ø‘‘SEC. 602. FINDINGS. history record system maintained by the RELIEF OF SUNG JUN OH ø‘‘Congress finds the following: Federal Bureau of Investigation based on fin- ø‘‘(1) More than 87,000,000 children are in- gerprint identification or any other method The bill (S. 209) for the relief of Sung volved each year in activities provided by of positive identification; ø Jun Oh was considered, ordered to be child and youth organizations which depend ‘‘(5) the term ‘child’ means a person who engrossed for a third reading, read the heavily on volunteers to deliver their serv- is under the age of 18; ø third time, and passed, as follows: ices. ‘‘(6) the term ‘individuals with disabil- ø‘‘(2) Millions more adults, both the elderly ities’ has the same meaning as that provided S. 209 in section 5(7) of the National Child Protec- Be it enacted by the Senate and House of Rep- and individuals with disabilities, are served by public and private voluntary organization Act of 1993; resentatives of the United States of America in ø‘‘(7) the term ‘State’ has the same mean- Congress assembled, tions. ø‘‘(3) The vast majority of activities pro- ing as that provided in section 5(11) of the National Child Protection Act of 1993; and SECTION 1. PERMANENT RESIDENCE. vided to children, the elderly, and individ- ‘‘(8) the term ‘care’ means the provision of Notwithstanding any other provision of uals with disabilities by public and private care, treatment, education, training, in- law, for purposes of the Immigration and Na- nonprofit agencies and organizations result struction, supervision, or recreation to chil- tionality Act (8 U.S.C. 1101 et seq.), Sung Jun in the delivery of much needed services in dren, the elderly, or individuals with disabil- Oh shall be held and considered to have been safe environments that could not be provided ities. lawfully admitted to the United States for without the assistance of virtually millions ø permanent residence as of the date of the en- of volunteers, but abuses do occur. ‘‘SEC. 604. ESTABLISHMENT OF A NATIONAL CENTER FOR VOLUNTEER AND PRO- actment of this Act upon payment of any ø‘‘(4) Estimates of the incidence of child necessary visa fees. VIDER SCREENING. sexual abuse in child care settings, foster ø‘‘(a) IN GENERAL.—The Attorney General, SEC. 2. REDUCTION OF NUMBER OF AVAILABLE care homes, and schools, range from 1 to 7 by agreement with a national nonprofit or- VISAS. percent. ganization or by designating an agency with- Upon the granting of permanent residence ø‘‘(5) Abuse traumatizes the victims and in the Department of Justice, shall— to Sung Jun Oh, as provided in this Act, the shakes public trust in care providers and or- ø‘‘(1) establish a national center for volun- Secretary of State shall instruct the proper ganizations serving vulnerable populations. teer and provider screening designed— officer to reduce by one number during the ø‘‘(6) Congress has acted to address con- ø‘‘(A) to serve as a point of contact for current fiscal year the total number of im- cerns about this type of abuse through the qualified entities to request a nationwide migrant visas available to natives of the National Child Protection Act of 1993 and the background check for the purpose of deter- country of the alien’s birth under section Violent Crime Control Act of 1994 to set mining whether a volunteer provider or pro- 202(e) of the Immigration and Nationality forth a framework for screening through vider has been arrested for or convicted of a Act (8 U.S.C. 1152(e)). criminal record checks of care providers, in- crime that renders the provider unfit to have f cluding volunteers who work with children, responsibilities for the safety and well-being the elderly, and individuals with disabilities. of children, the elderly, or individuals with RELIEF OF ANISH GOVEAS FOTI Unfortunately, problems regarding the safe- disabilities; The bill (H.R. 2245) for the relief of ty of these vulnerable groups still remain. ø‘‘(B) to promptly access and review Fed- ø‘‘(7) While State screening is sometimes Anisha Goveas Foti was considered, or- eral and State criminal history records and adequate to conduct volunteer background registries through the national criminal his- dered to a third reading, read the third checks, more extensive national criminal tory background check system— time, and passed. history checks using fingerprints or other ø‘‘(i) at no cost to a qualified entity for f means of positive identification are often ad- checks on volunteer providers; and visable, as a prospective volunteer or nonvol- ø‘‘(ii) at minimal cost to qualified entities NATIONAL CHILD PROTECTION unteer provider may have lived in more than for checks on non-volunteer providers; IMPROVEMENT ACT one State. with cost for screening non-volunteer pro- ø‘‘(8) The high cost of fingerprint back- viders will be determined by the National Mr. REID. Mr. President, I ask unan- ground checks is unaffordable for organiza- Task Force; imous consent that the Senate proceed tions that use a large number of volunteers ø‘‘(C) to provide the determination of the to the consideration of Calendar No. and, if passed on to volunteers, often dis- criminal background check to the qualified 386, S. 1868. courages their participation. entity requesting a nationwide background The PRESIDING OFFICER. The ø‘‘(9) The current system of retrieving na- check after not more than 15 business days clerk will report the bill by title. tional criminal background information on after the request; The legislative clerk read as follows: volunteers through an authorized agency of ø‘‘(D) to serve as a national resource cen- the State is cumbersome and often requires ter and clearinghouse to provide State and A bill (S. 1868) to establish a national cen- months before vital results are returned. local governments, public and private non- ter on volunteer and provider screening to ø‘‘(10) In order to protect children, volun- profit agencies and individuals with informa- reduce sexual and other abuse of children, teer agencies must currently depend on a tion regarding volunteer screening; and the elderly, and individuals with disabilities. convoluted, disconnected, and sometimes du- ø‘‘(2) establish a National Volunteer There being no objection, the Senate plicative series of checks that leave children Screening Task Force (referred to in this proceeded to consider the bill, which at risk. title as the ‘Task Force’) to be chaired by had been reported from the Committee ø‘‘(11) A national volunteer and provider the Attorney General which shall— on the Judiciary, with an amendment screening center is needed to protect vulner- ø‘‘(A) include— able groups by providing effective, efficient ø to strike all after the enacting clause ‘‘(i) 2 members each of— national criminal history background checks ø‘‘(I) the Federal Bureau of Investigation; and insert in lieu thereof the following: of volunteer providers at no-cost, and at ø‘‘(II) the Department of Justice; [Strike the part shown in black minimal-cost for employed care providers. ø‘‘(III) the Department of Health and brackets and insert the part shown in ø‘‘SEC. 603. DEFINITIONS. Human Services; italic.] ø‘‘In this Act— ø‘‘(IV) representatives of State Law En- ø‘‘(1) the term ‘qualified entity’ means a forcement organizations; S. 1868 business or organization, whether public, pri- ø‘‘(V) national organizations representing Be it enacted by the Senate and House of Rep- vate, for-profit, not-for-profit, or voluntary, private nonprofit qualified entities using resentatives of the United States of America in that provides care or care placement serv- volunteers to serve the elderly; and Congress assembled, ices, including a business or organization ø‘‘(VI) national organizations representing øSECTION 1. SHORT TITLE. that licenses or certifies others to provide private nonprofit qualified entities using øThis Act may be cited as the ‘‘National care or care placement services designated volunteers to serve individuals with disabil- Child Protection Improvement Act’’. by the National Task Force; ities; and

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00143 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10774 CONGRESSIONAL RECORD — SENATE October 17, 2002 ø‘‘(ii) 4 members of national organizations ø‘‘(4) The National Center receiving a criminal history background check system; representing private nonprofit qualified enti- criminal history record information that and ties using volunteers to serve children; lacks disposition information shall, to the ø(2) provide an annual summary to the Na- to be appointed by the Attorney General; extent possible, contact State and local rec- tional Task Force of the State’s progress in and ordkeeping systems to obtain complete in- complying with the criminal data entry pro- ø‘‘(B) oversee the work of the Center and formation. visions of the National Child Protection Act report at least annually to the President and ø‘‘(5) The National Center shall make a de- of 1993 which shall include information about Congress with regard to the work of the Cen- termination whether the criminal history the input of criminal data, child abuse crime ter and the progress of the States in com- record information received in response to information, domestic violence arrests and plying with the provisions of the National the national background check indicates stay-away orders of protection. Child Protection Act of 1993. that the provider has a criminal history ø(c) AUTHORIZATION OF APPROPRIATIONS.— ø(1) IN GENERAL.—To carry out the provi- ø‘‘SEC. 605. AUTHORIZATION OF APPROPRIA- record that renders the provider unfit to pro- TIONS. vide care to children, the elderly, or individ- sions of this section, there are authorized to ø‘‘(a) IN GENERAL.—To carry out the provi- uals with disabilities based upon criteria es- be appropriated a total of $5,100,000 for fiscal sions of this title, there are authorized to be tablished by the National Task Force on Vol- year 2003 and such sums as may be necessary appropriated $80,000,000 for fiscal year 2003 unteer Screening, and will convey that de- for each of the fiscal years 2004, 2005, 2006, and $25,000,000 for each of the fiscal years termination to the qualified entity. and 2007, sufficient to improve fingerprint ø 2004, 2005, 2006, and 2007, sufficient to provide ‘‘(b) GUIDANCE BY THE NATIONAL TASK technology units and hire data entry im- no-cost background checks of volunteers FORCE.—The National Task Force, chaired provement personnel in each of the 50 States working with children, the elderly, and indi- by the Attorney General shall— and the District of Columbia. ø viduals with disabilities. ‘‘(1) encourage the use, to the maximum ø(2) AVAILABILITY.—Sums appropriated ø‘‘(b) AVAILABILITY.—Sums appropriated extent possible, of the best technology avail- under this section shall remain available under this section shall remain available able in conducting criminal background until expended.¿ until expended.’’. checks; and SECTION 1. SHORT TITLE. ø‘‘(2) provide guidelines concerning stand- øSEC. 3. STRENGTHENING AND ENFORCING THE This Act may be cited as the ‘‘National Child NATIONAL CHILD PROTECTION ACT ards to guide the National Center in making Protection Improvement Act’’. OF 1993. fitness determinations concerning care pro- SEC. 2. ESTABLISHMENT OF A NATIONAL CENTER øSection 3 of the National Child Protection viders based upon criminal history record in- ON VOLUNTEER AND PROVIDER Act of 1993 (42 U.S.C. 5119 et seq.) is amended formation. SCREENING. ø to read as follows: ‘‘(c) LIMITATIONS OF LIABILITY.— The Juvenile Justice and Delinquency Preven- ø‘‘(1) IN GENERAL.—A qualified entity shall ø‘‘SEC. 3. NATIONAL BACKGROUND CHECKS. tion Act of 1974 (42 U.S.C. 5601 et seq.) is amend- not be liable in an action for damages solely ø‘‘(a) IN GENERAL.—Requests for national ed by adding at the end the following: for failure to request a criminal history background checks under this section shall ‘‘TITLE VI—NATIONAL CENTER ON background check on a provider, nor shall a be submitted to the National Center for Vol- VOLUNTEER AND PROVIDER SCREENING State or political subdivision thereof nor any unteer Screening which shall conduct a agency, officer or employee thereof, be liable ‘‘SEC. 601. SHORT TITLE. search using the Integrated Automated Fin- in an action for damages for the failure of a ‘‘This title may be cited as the ‘National Child gerprint Identification System, or other qualified entity (other than itself) to take Protection Improvement Act’. criminal record checks using reliable means action adverse to a provider who was the ‘‘SEC. 602. FINDINGS. of positive identification subject to the fol- subject of a criminal background check. ‘‘Congress finds the following: lowing conditions: ø‘‘(2) RELIANCE.—The National Center or a ‘‘(1) More than 87,000,000 children are in- ø‘‘(1) A qualified entity requesting a na- qualified entity that reasonably relies on volved each year in activities provided by child tional criminal history background check criminal history record information received and youth organizations which depend heavily under this section shall forward to the Na- in response to a background check pursuant on volunteers to deliver their services. tional Center the provider’s fingerprints or to this section shall not be liable in an ac- ‘‘(2) Millions more adults, both the elderly other identifying information, and shall ob- tion for damages based upon the inaccuracy and individuals with disabilities, are served by tain a statement completed and signed by or incompleteness of the information. public and private voluntary organizations. the provider that— ø‘‘(d) FEES.—In the case of a background ‘‘(3) The vast majority of activities provided to ø ‘‘(A) sets out the provider or volunteer’s check pursuant to a State requirement children, the elderly, and individuals with dis- name, address, date of birth appearing on a adopted after December 20, 1993, conducted abilities by public and private nonprofit agen- valid identification document as defined in through the National Center using the fin- cies and organizations result in the delivery of section 1028 of title 18, United States Code, gerprints or other identifying information of much needed services in safe environments that and a photocopy of the valid identifying doc- a person who volunteers with a qualified en- could not be provided without the assistance of ument; tity shall be free of charge. This subsection virtually millions of volunteers, but abuses do ø ‘‘(B) states whether the provider or volun- shall not affect the authority of the FBI, the occur. teer has a criminal record, and, if so, sets National Center, or the States to collect rea- ‘‘(4) Estimates of the incidence of child sexual out the particulars of such record; sonable fees for conducting criminal history abuse in child care settings, foster care homes, ø ‘‘(C) notifies the provider or volunteer background checks of providers who are em- and schools, range from 1 to 7 percent. that the National Center for Volunteer ployed as or apply for positions as paid em- ‘‘(5) Abuse traumatizes the victims and shakes Screening may perform a criminal history ployees.’’. public trust in care providers and organizations background check and that the provider’s øSEC. 4. ESTABLISHMENT OF A MODEL PROGRAM serving vulnerable populations. signature to the statement constitutes an IN EACH STATE TO STRENGTHEN ‘‘(6) Congress has acted to address concerns acknowledgement that such a check may be CRIMINAL DATA REPOSITORIES AND about this type of abuse through the National conducted; FINGERPRINT TECHNOLOGY. Child Protection Act of 1993 and the Violent ø‘‘(D) notifies the provider or volunteer ø(a) ESTABLISHMENT.—A model program Crime Control Act of 1994 to set forth a frame- that prior to and after the completion of the shall be established in each State and the work for screening through criminal record background check, the qualified entity may District of Columbia for the purpose of im- checks of care providers, including volunteers choose to deny the provider access to chil- proving fingerprinting technology which who work with children, the elderly, and indi- dren or elderly or persons with disabilities; shall grant to each State $50,000 to either— viduals with disabilities. Unfortunately, prob- and ø(1) purchase Live-Scan fingerprint tech- lems regarding the safety of these vulnerable ø‘‘(E) notifies the provider or volunteer of nology and a State-vehicle to make such groups still remain. his right to correct an erroneous record held technology mobile and these mobile units ‘‘(7) While State screening is sometimes ade- by the FBI or the National Center. shall be used to travel within the State to quate to conduct volunteer background checks, ø‘‘(2) Statements obtained pursuant to assist in the processing of fingerprint back- more extensive national criminal history checks paragraph (1) and forwarded to the National ground checks; or using fingerprints are often advisable, as a pro- Center shall be retained by the qualified en- ø(2) purchase electric fingerprint imaging spective volunteer or nonvolunteer provider may tity or the National Center for at least 2 machines for use throughout the State to have lived in more than one State. years. send fingerprint images to the National Cen- ‘‘(8) The high cost of fingerprint background ø‘‘(3) Each provider or volunteer who is the ter to conduct background checks. checks is unaffordable for organizations that subject of a criminal history background ø(b) ADDITIONAL FUNDS.—In addition to use a large number of volunteers and, if passed check under this section is entitled to con- funds provided in subsection (a), $50,000 shall on to volunteers, often discourages their partici- tact the National Center to initiate proce- be provided to each State and the District of pation. dures to— Columbia to hire personnel to— ‘‘(9) A national volunteer and provider screen- ø‘‘(A) obtain a copy of their criminal his- ø(1) provide information and training to ing center is needed to protect vulnerable groups tory record report; and each county law enforcement agency within by providing effective, efficient national crimi- ø‘‘(B) challenge the accuracy and com- the State regarding all National Child Pro- nal history background checks of volunteer pro- pleteness of the criminal history record in- tection Act requirements for input of crimi- viders at no-cost, and at minimal-cost for em- formation in the report. nal and disposition data into the national ployed care providers.

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00144 Fmt 4624 Sfmt 6333 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 17, 2002 CONGRESSIONAL RECORD — SENATE S10775 ‘‘SEC. 603. DEFINITIONS. ‘‘(iii) 1 member of the Department of Health SEC. 4. STRENGTHENING AND ENFORCING THE ‘‘In this Act— and Human Services; NATIONAL CHILD PROTECTION ACT ‘‘(1) the term ‘qualified entity’ means a busi- ‘‘(iv) 2 representatives of State identification OF 1993. ness or organization, whether public, private, bureaus; Section 4 of the National Child Protection Act for-profit, not-for-profit, or voluntary, that pro- ‘‘(v) 2 members of national organizations rep- of 1993 (42 U.S.C. 5119a), as redesignated by sec- vides care or care placement services, including resenting private nonprofit qualified entities tion 3 of this Act, is amended to read as follows: a business or organization that licenses or cer- using volunteers to serve the elderly; ‘‘SEC. 3. NATIONAL BACKGROUND CHECKS. tifies others to provide care or care placement ‘‘(vi) 2 members of national organizations rep- ‘‘(a) IN GENERAL.—Requests for national services designated by the National Task Force; resenting private nonprofit qualified entities background checks under this section shall be ‘‘(2) the term ‘volunteer provider’ means a using volunteers to serve individuals with dis- submitted to the National Center for Volunteer person who volunteers or seeks to volunteer abilities; Screening which shall conduct a search using with a qualified entity; ‘‘(vii) 4 members of national organizations the Integrated Automated Fingerprint Identi- ‘‘(3) the term ‘provider’ means a person who is representing private nonprofit qualified entities fication System, or other criminal record checks employed by or volunteers or who seeks to be using volunteers to serve children; and using reliable means of positive identification employed by or volunteer with a qualified enti- ‘‘(viii) 1 member of national organizations rep- subject to the following conditions: ty, who owns or operates a qualified entity, or resenting local law enforcement agencies; ‘‘(1) A qualified entity requesting a national who has or may have unsupervised access to a to be appointed by the Attorney General; and criminal history background check under this child to whom the qualified entity provides care; ‘‘(B) oversee the work of the Center and re- section shall forward to the National Center the ‘‘(4) the term ‘national criminal background port at least annually to the President and Con- provider’s fingerprints and other identifying in- check system’ means the criminal history record gress with regard to the work of the Center and formation, and shall obtain a statement com- system maintained by the States and the Fed- the progress of the States in complying with the pleted and signed by the provider that— eral Bureau of Investigation based on finger- provisions of the National Child Protection Act ‘‘(A) sets out the provider or volunteer’s name, print identification or any other method of posi- of 1993. address, date of birth appearing on a valid iden- tive identification; ‘‘SEC. 605. AUTHORIZATION OF APPROPRIATIONS. tification document as defined in section 1028 of ‘‘(5) the term ‘child’ means a person who is ‘‘(a) IN GENERAL.—To carry out the provisions title 18, United States Code, and a photocopy of under the age of 18; of this title, there are authorized to be appro- the valid identifying document; ‘‘(6) the term ‘individuals with disabilities’ priated $80,000,000 for fiscal year 2003 and ‘‘(B) states whether the provider or volunteer has the same meaning as that provided in sec- $25,000,000 for each of the fiscal years 2004, 2005, has a criminal record, and, if so, sets out the tion 5(7) of the National Child Protection Act of 2006, and 2007, sufficient to provide no-cost particulars of such record; 1993; background checks of volunteers working with ‘‘(C) notifies the provider or volunteer that ‘‘(7) the term ‘State’ has the same meaning as children, the elderly, and individuals with dis- the National Center for Volunteer screening that provided in section 5(11) of the National abilities. may perform a criminal history background Child Protection Act of 1993; and ‘‘(b) AVAILABILITY.—Sums appropriated under check and that the provider’s signature to the ‘‘(8) the term ‘care’ means the provision of this section shall remain available until ex- statement constitutes an acknowledgement that care, treatment, education, training, instruc- pended.’’. such a check may be conducted; tion, supervision, or recreation to children, the SEC. 3. CERTIFICATION REVIEW BY THE NA- ‘‘(D) notifies the provider or volunteer that elderly, or individuals with disabilities. TIONAL CENTER. prior to and after the completion of the back- ‘‘SEC. 604. ESTABLISHMENT OF A NATIONAL CEN- The National Child Protection Act of 1993 (42 ground check, the qualified entity may choose TER FOR VOLUNTEER AND PRO- U.S.C. 5119 et seq.) is amended— to deny the provider access to children or elder- VIDER SCREENING. (1) by redesignating sections 3 through 5 as ly or persons with disabilities; and ‘‘(a) IN GENERAL.—The Attorney General sections 4 through 6, respectively; and ‘‘(E) notifies the provider or volunteer of his shall— (2) by adding after section 2 the following: right to correct an erroneous record held by the ‘‘(1) establish a national center for volunteer ‘‘SEC. 3. CERTIFICATION REVIEW BY THE NA- FBI or the National Center. and provider screening which shall— TIONAL CENTER. ‘‘(2) Statements obtained pursuant to para- ‘‘(A) serve as a point of contact for qualified ‘‘(a) IN GENERAL.—Six months after the date graph (1) and forwarded to the National Center entities to request a nationwide background of enactment of this section, the National Center shall be retained by the qualified entity or the check for the purpose of determining whether a shall issue a certification review that— National Center for at least 2 years. volunteer provider or provider has been arrested ‘‘(1) measures the extent of State participation ‘‘(3) Each provider or volunteer who is the for or convicted of a crime that renders the pro- in the national background check procedures subject of a criminal history background check vider unfit to have responsibilities for the safety governed by the National Child Protection Act under this section is entitled to contact the Na- and well-being of children, the elderly, or indi- and the Volunteers for Children Act; and tional Center to obtain a copy of the criminal viduals with disabilities; ‘‘(2) designates States either as participating history record report for the sole purpose of ‘‘(B) promptly access and review Federal and or not participating for certain purposes in challenging the accuracy and completeness of State criminal history records and registries these procedures. the report. through the national criminal history back- ‘‘(b) QUALIFIED ENTITIES.—A qualified entity ‘‘(4) The National Center receiving a criminal ground check system— doing business in a State and for purposes des- history record information that lacks disposition ‘‘(i) at no cost to a qualified entity for checks ignated as not participating by the National information shall, to the extent possible, contact on volunteer providers; and Center may request nationwide background State and local recordkeeping systems to obtain ‘‘(ii) at minimal cost to qualified entities for checks directly from the National Center. complete information. The National Center shall checks on nonvolunteer providers, to be deter- ‘‘(c) UPDATING AND REVIEW.— forward this complete information to the FBI. mined by the National Task Force, although ‘‘(1) UPDATING.—The certification review re- ‘‘(5) The National Center shall make a deter- fees for checks on nonvolunteer providers quired by this section shall be updated and mination whether the criminal history record in- should not be less than the actual cost, includ- issued annually. formation received in response to the national ing disposition location, not to exceed $18; ‘‘(2) REVIEW.—A State that has been des- background check indicates that the provider ‘‘(C) provide the determination of the criminal ignated as not participating for certain purposes has a criminal history record that renders the background check to the qualified entity re- may apply to the National Center, for purposes provider unfit to provide care to children, the el- questing a nationwide background check after of a subsequent certification review, to be des- derly, or individuals with disabilities based not more than 15 business days after the re- ignated as participating for those purposes upon criteria established by the National Task quest; based on new State law, practices, or proce- Force on Volunteer Screening, and will convey ‘‘(D) serve as a national resource center and dures. that determination to the qualified entity. clearinghouse to provide State and local govern- ‘‘(d) DEFINITIONS.—In this section: ‘‘(b) GUIDANCE BY THE NATIONAL TASK ments, public and private nonprofit agencies ‘‘(1) NOT PARTICIPATING.—The term ‘not par- FORCE.—The National Task Force, chaired by and individuals with information regarding vol- ticipating’ means a State where— the Attorney General shall— unteer screening; and ‘‘(A) requests for nationwide background ‘‘(1) encourage the use, to the maximum ex- ‘‘(E) establish and publicize a toll-free tele- checks are routinely not returned to the quali- tent possible, of the best technology available in phone number for qualified entities to call to de- fied entity within 15 business days; conducting criminal background checks; and termine which governmental agency processes ‘‘(B) authorized agencies charge more than ‘‘(2) provide guidelines concerning standards background check requests in their jurisdiction; $18 for State background checks; to guide the National Center in making fitness and ‘‘(C) authorized agencies have not been des- determinations concerning care providers based ‘‘(2) establish a National Volunteer Screening ignated to receive nationwide background upon criminal history record information. Task Force (referred to in this title as the ‘Task checks from qualified entities; or ‘‘(c) LIMITATIONS OF LIABILITY.— Force’) to be a committee of the Compact Coun- ‘‘(D) qualified entities have not been des- ‘‘(1) IN GENERAL.—A qualified entity shall not cil to be chaired by a member determined by the ignated to submit background check requests to be liable in an action for damages solely for fail- Task Force which shall— authorized agencies. ure to request a criminal history background ‘‘(A) include— ‘‘(2) ROUTINELY.—The term ‘routinely’ means check on a provider, nor shall a State or polit- ‘‘(i) 1 member of the Federal Bureau of Inves- instances where 15 percent or more of nation- ical subdivision thereof nor any agency, officer tigation; wide background check requests are not re- or employee thereof, be liable in an action for ‘‘(ii) 1 member of the Department of Justice; turned within 15 business days.’’. damages for the failure of a qualified entity

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00145 Fmt 4624 Sfmt 6333 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10776 CONGRESSIONAL RECORD — SENATE October 17, 2002 (other than itself) to take action adverse or fa- SEC. 6. AMENDMENT TO NATIONAL CRIMINAL process must be improved. First of all, vorable to a provider who was the subject of a HISTORY ACCESS AND CHILD PRO- many states are returning background criminal background check. TECTION ACT. Section 215 of the National Criminal History checks after significant time has ‘‘(2) RELIANCE.—The National Center or a passed. In 1998, the FBI’s Criminal Jus- qualified entity that reasonably relies on crimi- Access and Child Protection Act is amended by— tice Information Services, CJIS, Divi- nal history record information received in re- sion performed a study on the amount sponse to a background check pursuant to this (1) striking subsection (b) and inserting the section shall not be liable in an action for dam- following: of time it took states to process finger- ages based upon the accuracy, inaccuracy, com- ‘‘(b) DIRECT ACCESS TO CERTAIN RECORDS NOT print checks. The results were trouble- pleteness, or incompleteness of the information. AFFECTED.—Nothing in the Compact shall affect some. On average, it took states an av- any direct terminal access to the III System pro- ‘‘(d) FEES.— erage of 117.6 days to perform a state vided prior to the effective date of the Compact ‘‘(1) PARTICIPATING JURISDICTION.—In a State check and forward the fingerprint to under the following: designated as a participating jurisdiction pursu- the FBI for a national check. This time ‘‘(1) Section 9101 of title 5, United States Code. ant to the certification review conducted by the ‘‘(2) The Brady Handgun Violence Prevention lag is obviously a problem for organiza- National Center under section 3, the National Act (Public Law 103–159; 107 Stat. 1536). tions that rely heavily on volunteers. Center shall not collect a fee for conducting na- ‘‘(3) The Violent Crime Control and Law En- Additionally, some states charge tionwide criminal history background checks forcement Act of 1994 (Public Law 103–322; 108 very high prices for background on— Stat. 2074) or any amendments made by that checks. Organizations that have a large ‘‘(A) a person who volunteers with a qualified Act. number of volunteers are often forced entity; or ‘‘(4) The United States Housing Act of 1937 (42 to spend a lot of money on these ‘‘(B) a person who is employed by a qualified U.S.C. 1437 et seq.). checks. In addition to discouraging vol- entity that provides care, treatment, education, ‘‘(5) The Native American Housing Assistance training, instruction, supervision, or recreation unteerism, the high costs dissuade or- and Self-Determination Act of 1996 (25 U.S.C. ganizations from performing back- to children, the elderly, or individuals with dis- 4101 et seq.). abilities. ‘‘(6) Any direct terminal access to Federal ground checks on their volunteers and ‘‘(2) VOLUNTEERS.—In the case of a back- criminal history records authorized by law.’’; employees. ground check pursuant to a State requirement and S. 1868 helps to solve these problems adopted after December 20, 1993, conducted (2) in subsection (c) by inserting after the pe- by making background checks under through the National Center using the finger- riod at the end thereof the following: ‘‘Criminal the NCPA more readily available. As prints or other identifying information of a per- history records disseminated by the FBI pursu- amended, S. 1868 permits the states to son who volunteers with a qualified entity shall ant to such Act by means of the III System shall retain their crucial role in performing be free of charge. This paragraph shall not af- be subject to the Compact.’’. background checks, but also provides a fect the authority of the FBI, the National Cen- SEC. 7. FUNDING FOR COMPACT COUNCIL. role for the Federal government. If a ter, or the States to collect reasonable fees for There are authorized to be appropriated to the conducting criminal history background checks state complies with the NCPA, returns Federal Bureau of Investigation, to support the background checks in a timely fashion, of providers who are employed as or apply for activities of the National Crime Prevention and positions as paid employees.’’. Privacy Compact Council— and charges no more than $18, the state SEC. 5. ESTABLISHMENT OF A MODEL PROGRAM (1) $1,000,000 for fiscal year 2003; and will remain the sole government entity IN EACH STATE TO STRENGTHEN (2) such sums as may be necessary for fiscal that can perform a background check CRIMINAL DATA REPOSITORIES AND years 2004, 2005, 2006, and 2007. in that jurisdiction. However, it a FINGERPRINT TECHNOLOGY. Mr. THURMOND. Mr. President, I states does not develop a qualifying (a) ESTABLISHMENT.—The Attorney General program within a year of enactment, shall establish a model program in each State rise today to express my strong support and the District of Columbia for the purpose of for S. 1868, the National Child Protec- care-providing and mentoring organi- improving fingerprinting technology which shall tion and Volunteers for Children Im- zations in that state will have the op- grant to each State $50,000 to either— provement Act of 2002. This bill will tion of requesting background checks (1) purchase Live-Scan fingerprint technology help protect children, seniors, and the directly from the Federal government. This bill would create an office with- and a State-vehicle to make such technology disabled by making criminal back- in the Department of Justice that mobile and these mobile units shall be used to ground checks more accessible to care- travel within the State to assist in the proc- would receive requests for background providing and mentoring organizations. essing of fingerprint background checks; or checks. The results of background I am pleased that the Senate has ap- (2) purchase electric fingerprint imaging ma- checks would then be returned to the proved this important piece of legisla- chines for use throughout the State to send fin- entities, enabling them to make in- tion. gerprint images to the National Center to con- formed decisions. The office would also duct background checks. In May of this year, S. 1868 was favor- be required to develop model standards (b) ADDITIONAL FUNDS.—In addition to funds ably reported by the Judiciary Com- to guide entities in making fitness de- provided in subsection (a), $50,000 shall be pro- mittee. Since that time, Senator BIDEN terminations. vided to each State and the District of Columbia and I have worked to refine this bill. I to hire personnel to— I would like to point out that some want to thank him for his tireless ef- states may have established qualified (1) provide information and training to each forts to improve this legislation. We county law enforcement agency within the State state programs in some areas but not regarding all National Child Protection Act re- have produced a bill that will greatly in other areas. This legislation does quirements for input of criminal and disposition improve the background check process, nothing to prevent the Attorney Gen- data into the national criminal history back- thereby reducing the possibility that eral from designating a state as having ground check system; and dangerous individuals will interact a qualified program for some NCPA (2) provide an annual summary to the Na- with children and other vulnerable peo- purposes, but not for others. Therefore, tional Task Force of the State’s progress in com- ple. if background checks are performed plying with the criminal data entry provisions S. 1868 is critically necessary because adequately for those who work with of the National Child Protection Act of 1993 of the serious problems that plague the the elderly, but not for those who work which shall include information about the input current scheme for conducting back- of criminal data, child abuse crime information, in other areas, the Attorney General domestic violence arrests and stay-away orders ground checks. The current system is would have the authority to designate of protection. governed primarily by the National a qualified state program for the par- (c) AUTHORIZATION OF APPROPRIATIONS.— Child Protection Act of 1993, NCPA, ticular purpose of working with the el- (1) IN GENERAL.—To carry out the provisions and the Volunteers for Children Act, derly. of this section, there are authorized to be appro- VCA. These Acts were designed to en- Senator BIDEN and I have developed a priated a total of $5,100,000 for fiscal year 2003 courage states to develop background good bill. We have streamlined this leg- and such sums as may be necessary for each of check procedures for volunteers and islation and removed many of the pro- the fiscal years 2004, 2005, 2006, and 2007, suffi- employees who interact with children. visions objected to by the Department cient to improve fingerprint technology units In addition, the Violent Crime Control of Justice. We have developed a back- and hire data entry improvement personnel in each of the 50 States and the District of Colum- and Law Enforcement Act of 1994 ex- ground check scheme that will preserve bia. panded the reach of the NCPA to the the role of the states in the back- (2) AVAILABILITY.—Sums appropriated under elderly and those with disabilities. ground check process. We have also this section shall remain available until ex- While these Acts were significant provided organizations with the ability pended. milestones, we have learned that the to ask the Federal government for a

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00146 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 17, 2002 CONGRESSIONAL RECORD — SENATE S10777 background check if the state fails to The clerk will report the concurrent of America, Laotian and Hmong veterans of develop an adequate system. resolution by title. the Vietnam War, and their families, for This bill is important for the well- The legislative clerk read as follows: their historic contributions to the United States. being of our children and is a proper A concurrent resolution (S. Con. Res. 142) use of Federal resources. The Congress expressing support for the goals and ideas of There being no objection, the Senate should use all reasonable means to en- a day of tribute to all firefighters who have proceeded to consider the concurrent sure that criminals do not have access died in the line of duty and recognizing the resolution. to children, seniors, and the disabled. I important mission of the Fallen Firefighters Mr. REID. Mr. President, I ask unan- Foundation in assisting family members to imous consent that the concurrent res- am proud to support this legislation, overcome the loss of their fallen heroes. and I am pleased that the Senate has olution be agreed to, the preamble be There being no objection, the Senate approved these significant protections agreed to, the motion to reconsider be proceeded to consider the concurrent for the most vulnerable in our society. laid upon the table, and that any state- resolution. Mr. REID. Mr. President, Senators ments related thereto be printed in the Mr. REID. Mr. President, I ask unan- BIDEN and THURMOND have an amend- RECORD, including the statement of imous consent the concurrent resolu- ment at the desk. I ask unanimous con- Senator WELLSTONE. tion and preamble be agreed to en bloc, sent that the amendment be considered The PRESIDING OFFICER. Without the motion to reconsider be laid on the and agreed to, the motion to reconsider objection, it is so ordered. table, and that any statements relating be laid upon the table; the committee The concurrent resolution (H. Con. to this matter be printed in the reported substitute amendment, as Res. 406) was agreed to. RECORD. The preamble was agreed to. amended, be agreed to; the bill, as The PRESIDING OFFICER. Without amended, be read a third time, passed, Mr. WELLSTONE. Mr. President, I objection, it is so ordered. want to take a moment to thank my the motion to reconsider be laid on the The concurrent resolution (S. Con. table; and that any statements relating colleagues for passing H. Con. Res. 406. Res. 142) was agreed to. This resolution commemorates the tre- thereto be printed in the RECORD with The preamble was agreed to. no intervening action or debate, and mendous sacrifice made by so many The concurrent resolution, with its Lao-Hmong during the Vietnam War. that the title amendment be agreed to. preamble, reads as follows: The PRESIDING OFFICER. Without As a Senator from Minnesota, I am S. CON. RES. 142 objection, it is so ordered. proud to represent one of the largest Whereas for over 350 years the Nation’s Hmong populations in America. My ex- The amendment (No. 4896) was agreed firefighters have dedicated their lives to the to. perience as a Senator has become so safety of their fellow Americans; much greater as a result of coming to (The amendment is printed in today’s Whereas throughout the Nation’s history RECORD under ‘‘Text of Amendments.’’) many firefighters have fallen in the line of know the noble history and rich cul- The committee amendment in the duty, leaving behind family members and ture of the Hmong people in Minnesota. nature of a substitute, as amended, was friends who have grieved their untimely I am in awe of their sacrifice for the agreed to. losses; American people. The title amendment was agreed to. Whereas these individuals served with Hmong soldiers died at ten times the The bill (S. 1868), as amended, was pride and honor as volunteer and career fire- rate of American soldiers in the Viet- fighters; read the third time and passed. nam War. Yet, because America’s war Whereas until 1980 there was not a tribute effort in Laos was covert, the sacrifices f to honor these heroes for their acts of valor and service of the Hmong and Lao vet- ACCOUNTABILITY OF TAX or a support system to help the families of these heroes rebuild their lives; erans is still largely untold. The legis- DOLLARS ACT OF 2002 Whereas in 1992 Congress created the Na- lation we passed today is a tribute to Mr. REID. Mr. President, I ask unan- tional Fallen Firefighters Foundation to the Hmong people’s sacrifice for our imous consent that the Senate proceed lead a nationwide effort to remember the Na- country. It is a small but meaningful to the consideration of H.R. 4685. tion’s fallen firefighters through a variety of step in honoring and fulfilling our debt The PRESIDING OFFICER. The activities; to the Hmong and Lao veterans and Whereas each year the National Fallen their families. clerk will report the bill by title. Firefighters Foundation hosts an annual me- The legislative clerk read as follows: morial service to honor the memory of all This resolution also commends the A bill (H.R. 4685) to amend title 31, United firefighters who die in the line of duty and to leadership of the Lao Veterans of States Code, to expand the types of Federal bring support and counseling to their fami- America for its work in passing several agencies that are required to prepare audited lies; pieces of legislation I introduced with financial statements. Whereas in 2002 the memorial service will Congressman Vento that would expe- There being no objection, the Senate take place on October 5 and 6; dite citizenship for Hmong veterans proceeded to consider the bill. Whereas 445 fallen firefighters, including and their wives. In addition, they led Mr. REID. Mr. President, I ask unan- firefighters from nearly every State, will be the fight to erect a monument in Ar- honored in 2002; and imous consent the bill be read a third Whereas many of the family members of lington National Cemetery in honor of time, passed, the motion to reconsider these firefighters are expected to attend the the Hmong who died in the Vietnam be laid on the table, and that any memorial service: Now, therefore, be it War. The Lao Veterans of America, in- statements relating thereto be printed Resolved by the Senate (the House of Rep- cluding Cherzong Vang, in Minnesota, in the RECORD. resentatives concurring), That Congress sup- and Colonel Vang Yee Vang, Executive The PRESIDING OFFICER. Without ports the goals and ideas of a day of tribute Director of the organization, has objection, it is so ordered. to all firefighters who have died in the line worked tirelessly to educate Congress of duty and recognizes the important mis- The bill (H.R. 4685) was read the third sion of the Fallen Firefighters Foundation in and the public about the history and time and passed. assisting family members to overcome the contributions of the Hmong people in f loss of their fallen heroes. our county. This resolution is a fitting response to this important work. EXPRESSING SUPPORT FOR A DAY f Again, I thank my colleagues for OF TRIBUTE TO ALL FIRE- HONORING AND COMMENDING THE passing this excellent and overdue leg- FIGHTERS AND THE FALLEN LAO VETERANS OF AMERICA islation. FIREFIGHTERS FOUNDATION Mr. REID. Mr. President, I ask unan- f Mr. REID. Mr. President, I ask unanimous consent that we now proceed to DESIGNATING OCTOBER 10, 2002, AS imous consent that the Judiciary Com- the consideration of H. Con. Res 406. mittee be discharged from further con- The PRESIDING OFFICER. The ‘‘PUT THE BRAKES ON FATALI- sideration and the Senate proceed to clerk will state the concurrent resolu- TIES DAY’’ the immediate consideration of S. Con. tion by title. Mr. REID. Mr. President, I ask unan- Res. 142. The legislative clerk read as follows: imous consent that the Judiciary Com- The PRESIDING OFFICER. Without A concurrent resolution (H. Con. Res. 406) mittee be discharged from further con- objection, it is so ordered. honoring and commending the Lao Veterans sideration os S. Res. 266 and the Senate

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00147 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10778 CONGRESSIONAL RECORD — SENATE October 17, 2002 proceed to its immediate consider- to the consideration of S. Res. 338 fol- tion to reconsider be laid upon the ation. lowing the discharge from the Judici- table, and that any statements related The PRESIDING OFFICER. Without ary Committee. thereto be printed in the RECORD. objection, it is so ordered. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without The clerk will state the resolution by objection, it is so ordered. The clerk objection, it is so ordered. title. will state the resolution by title. The resolution (S. Res. 334) was The legislative clerk read as follows: The legislative clerk read as follows: agreed to. A resolution (S. Res. 266) designating Octo- A resolution (S. Res. 338) designating the The preamble was agreed to. ber 10, 2002, as ‘‘Put the Brakes on Fatalities month of October, 2002, as ‘‘Children’s Inter- The resolution, with its preamble, Day.’’ net Safety Month.’’ reads as follows: There being no objection, the Senate There being no objection, the Senate S. RES. 334 proceeded to consider the resolution. proceeded to consider the resolution. Whereas the Ellis Island Medal of Honor, Mr. REID. Mr. President, I ask unan- Mr. REID. Mr. President, I ask unan- established by the National Ethnic Coalition imous consent that the resolution and imous consent that the resolution and of Organizations in 1986, pays tribute to indi- preamble be agreed to en bloc, the mo- preamble be agreed to en bloc, the mo- viduals of various ethnic origins who have tion to reconsider be laid upon the tion to reconsider be laid upon the distinguished themselves through their con- table, and that any statements relating table, and that any statements related tributions to the United States; Whereas the Ellis Island Medal of Honor thereto be printed in the RECORD. thereto be printed in the RECORD. has been awarded on a bipartisan basis to 6 The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without Presidents and numerous Representatives objection, it is so ordered. objection, it is so ordered. and Senators; The resolution (S. Res. 266) was The resolution (S. Res. 338) was Whereas the National Ethnic Coalition of agreed to. agreed to. Organizations is the largest organization of The preamble was agreed to. The preamble was agreed to. its kind in the United States, representing The resolution, with its preamble, The resolution, with its preamble, more than 5,000,000 family members and serv- reads as follows: reads as follows: ing as an umbrella group for more than 250 organizations that span the spectrum of eth- S. RES. 266 S. RES. 338 nic heritage, culture, and religion; Whereas traffic fatalities needlessly claim Whereas the Internet is one of the most ef- Whereas the mandate of the National Eth- the lives of more than 40,000 Americans each fective tools available for purposes of edu- nic Coalition of Organizations is to preserve year; cation and research and gives children the ethnic diversity, promote equality and toler- Whereas traffic crashes are the leading means to make friends and freely commu- ance, combat injustice, and bring about har- cause of death in the United States for peo- nicate with peers and family anywhere in the mony and unity among all peoples; ple ages 6 to 28 years; world; Whereas the Ellis Island Medal of Honor is Whereas 63 percent of those killed in traf- Whereas the new era of instant commu- named for the gateway through which more fic crashes are not wearing safety belts; nication holds great promise for achieving than 12,000,000 immigrants passed in their Whereas roadside hazards, substandard better understanding of the world and pro- quest for freedom of speech, freedom of reli- road conditions, and obsolete roadway de- viding the opportunity for creative inquiry; gion, and economic opportunity; signs contribute to more than 15,000 highway Whereas it is vital to the well-being of Whereas the Ellis Island Medal of Honor deaths annually—nearly 1⁄3 of all fatal crash- children that the Internet offer an open and celebrates the richness and diversity of es; responsible environment to explore; American life by honoring not only individ- Whereas more than 3,000,000 people are in- Whereas access to objectionable material, uals, but the pluralism and democracy that jured in traffic crashes in the United States such as violent, obscene, or sexually explicit have enabled the Nation’s ethnic groups to each year; adult material may be received by a minor maintain their identities while becoming in- Whereas there are more than 6,000,000 in unsolicited form; tegral parts of the American way of life; nonfatal traffic crashes in the United States Whereas there is a growing concern in all Whereas during the 15-year history of the each year; levels of society to protect children from ob- Ellis Island Medal of Honor, more than 1,500 Whereas deaths and injuries on highways jectionable material; and individuals from scores of different ethnic in the United States cost society more than Whereas the Internet is a positive edu- groups have received the Medal, and more $230,000,000,000 annually; cational tool and should be seen in such a than 5,000 individuals are nominated each Whereas approximately 4,900 pedestrians manner rather than as a vehicle for entities year for the Medal; and and 750 bicyclists are killed annually in traf- to make objectionable materials available to Whereas at the 2002 Ellis Island Medal of fic related crashes; children: Now, therefore, be it Honor ceremony in New York City, individ- Whereas safer driving behaviors through Resolved, That the Senate— uals from different ethnic groups will be hon- the use of seat belts, not drinking and driv- (1) designates October, 2002, as ‘‘Children’s ored for their contributions to the rescue ing, and obeying traffic laws need to be en- Internet Safety Month’’ and supports its offi- and recovery efforts of September 11, 2001, couraged; cial status on the Nation’s promotional cal- the war against terrorism, and the enhance- Whereas use of simple, cost-effective road- endar; and ment of the Nation’s homeland security: way safety improvements such as all weath- (2) supports parents and guardians in pro- Now, therefore, be it er signing and marking, traffic signals, skid moting the creative development of children Resolved, That the Senate recognizes the resistant pavements, and removal of roadside by encouraging the use of the Internet in a Ellis Island Medal of Honor for acknowl- hazards would greatly reduce crashes; safe, positive manner. edging individuals who live exemplary lives Whereas continued development of ever- f as Americans while preserving the values of safer vehicles, protective equipment, and their particular ethnic heritage. roadways would reduce traffic-related fatali- RECOGNIZING THE ELLIS ISLAND ties and injuries; and MEDAL OF HONOR f Whereas cooperation between Federal, Mr. REID. Mr. President, I ask unan- RECOGNIZING THE SIGNIFICANCE State, and local governments, private com- OF BREAD IN AMERICAN HISTORY panies, and associations is essential to in- imous consent that the Judiciary Com- creasing highway safety: Now, therefore, be mittee be discharged from further con- Mr. REID. Mr. President, I ask unan- it sideration of S. 334 and that the Senate imous consent that the Senate imme- Resolved, That the Senate— now proceed to its consideration. diately proceed to S. Con. Res. 148 fol- (1) designates October 10, 2002, as ‘‘Put the The PRESIDING OFFICER. Without lowing the discharge of the Judiciary Brakes on Fatalities Day’’; and objection, it is so ordered. Committee. (2) requests that the President issue a The clerk will state the resolution by The PRESIDING OFFICER. Without proclamation urging the people of the United title. States and interested groups to encourage objection, it is so ordered. safe driving and other roadway use. The legislative clerk read as follows: The clerk will state the concurrent A resolution (S. Res. 334) recognizing the resolution by title. f Ellis Island Medal of Honor. A concurrent resolution (S. Con. Res. 148) DESIGNATING THE MONTH OF OC- There being no objection, the Senate recognizing the significance of bread in TOBER, 2002, AS ‘‘CHILDREN’S proceeded to consider the resolution. American history, culture, and daily diet. INTERNET SAFETY MONTH’’ Mr. REID. Mr. President, I ask unan- There being no objection, the Senate Mr. REID. Mr. President, I ask unanimous consent that the resolution and proceeded to consider the concurrent imous consent that the Senate proceed preamble be agreed to en bloc, the mo- resolution.

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00148 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 17, 2002 CONGRESSIONAL RECORD — SENATE S10779 Mr. REID. Mr. President, I ask unan- There being no objection, the Senate does not open any loopholes in the imous consent that the resolution be proceeded to consider the resolution. original section 527 reform law. agreed to, the preamble be agreed to, Mr. REID. Mr. President, I ask unan- In June 2000, Congress passed the the motion to reconsider be land upon imous consent that the resolution and first significant campaign finance re- the table, and that any statements re- preamble be agreed to en bloc, the mo- form measure in a quarter of a century. lated thereto be printed in the RECORD. tion to reconsider be laid upon the The so-called Section 527 reform bill The PRESIDING OFFICER. Without table, and that any statements related dealt with a truly troubling develop- objection, it is so ordered. thereto be printed in the RECORD. ment, one whereby organizations that The resolution (S. Con. Res. 148) was The PRESIDING OFFICER. Without received tax-exempt status by telling agreed to. objection, it is so ordered. the IRS that they exist to influence The preamble was agreed to. The resolution (S. Res. 351) was elections denied the very same thing to The resolution, with its preamble, agreed to. the FEC.As a result, these self-pro- reads as follows: The preamble was agreed to. claimed election organizations engaged S. CON. RES. 148 The resolution, with its preamble, in election activity without complying Whereas bread is a gift of friendship in the reads as follows: with any aspect of the election laws, United States; S. RES. 351 influencing our elections without the Whereas bread is used as a symbol of unity American public having any idea who— for families and friends; Whereas Daniel Pearl, a reporter for the Whereas the expression ‘‘breaking bread Wall Street Journal, was murdered by ter- or what—was behind them. together’’ means sharing friendship, peace, rorists following his abduction in Pakistan The 527 reform law enacted in 200 put and goodwill, and the actual breaking of on January 23, 2002; a stop to that, by requiring organiza- bread together can help restore a sense of Whereas video of Mr. Pearl’s gruesome murder has been posted on web sites; tions claiming tax-exempt status under normalcy and encourage a sense of commu- Section 527 of the Internal Revenue nity; Whereas this video was made by terrorists for anti-American propaganda purposes, in Code to do three things: (1) give notice Whereas bread, the staff of life, not only of their intent to claim that status; (2) nourishes the body but symbolizes nourish- an attempt to recruit new terrorists and to ment for the human spirit; spread a message of hate; disclose information about their large Whereas posting this video on web sites un- Whereas bread is used in many cultures to contributors and their big expendi- dermines efforts to fight terrorism through- commemorate milestones such as births, tures; and (3) file annual informational out the world by glorifying such heinous weddings, and deaths; returns along the lines of those filed by acts; Whereas bread is the most consumed of Whereas posting this video on web sites virtually all other tax-exempt organi- grain foods, is recognized by the Department could invite more abductions and more mur- zations. of Agriculture as part of the most important ders of innocent civilians by anti-American During the approximately two years food group, and plays a vital role in Amer- terrorists because of the attention these hei- ican diets; that the 527 reform law has been in ef- nous acts might gain from such posting; and Whereas Americans consume an average of fect, that law has blasted sunshine Whereas posting this video on the Internet 60 pounds of bread annually; onto the previously shadowy oper- shows a complete and utter disrespect for Whereas bread has been a staple of Amer- ations of a multitude of election-re- Mr. Pearl’s life and legacy and a complete ican diets for hundreds of years; and utter disregard for the respect of his lated organizations. Through the fil- Whereas Americans are demonstrating a family: Now, therefore, be it ings Section 527 now mandates, the new interest in artisan and home-style types That the Senate— American public has learned a great of breads, increasingly found in cafes, bak- Resolved, (1) calls on all terrorist-produced murder deal about who is financing many of eries, restaurants, and homes across the video and pictures to be removed from all country; these organizations and how these or- web sites immediately; and Whereas bread sustained the Pilgrims dur- ganizations are spending their money. (2) encourages all web-site operators to re- ing their long ocean voyage to America and As outlined in report issued earlier this frain from placing any terrorist-produced was used to celebrate their first harvest in year by the group Public Citizen, the murder videos and pictures on the Internet. the American wilderness; and 527 reform law brought us the knowl- Whereas bread remains an important part f edge that 25 of the largest 527s raised of the family meal when Americans cele- AMENDING SECTION 527 OF THE over $67 million between July 2000 and brate Thanksgiving, and the designation of December 2001, and that they spent it November 2002 as National Bread Month INTERNAL REVENUE CODE OF 1986 on a plethora of campaign activities— would recognize the significance of bread in Mr. REID. Mr. President, I ask unan- American history, culture, and daily diet: most significantly those pre-election Now, therefore, be it imous consent that the Senate imme- issue ads that we all know so well and Resolved by the Senate (the House of Rep- diately proceed to the consideration of that are often indistinguishable from resentatives concurring), That it is the sense H.R. 5596. candidate ads. We’ve also learned from of Congress that the President should issue a The PRESIDING OFFICER. The these IRS filings the specifics about proclamation— clerk will state the bill by title. who was trying to influence particular (1) designating November 2002 as National The legislative clerk read as follows: Bread Month in recognition of the signifi- elections and where their money came A bill (H.R. 5596) to amend section 527 of cance of bread in American history, culture, from. Were it not for the 527 disclosure the Internal Revenue Code of 1986 to elimi- and daily diet; and law, we probably wouldn’t have any of nate notification and return requirements (2) calling on the people of the United this information, and we probably for State and local party committees and States to observe such month with appro- candidate committees and avoid duplicate would have had a lot more shadowy priate programs and activities. reporting by certain State and local political groups operating in the election sys- f committees of information required to be re- tem—ones that slithered away on their CONDEMNING THE POSTING ON ported and made publicly available under own because they didn’t want to face THE INTERNET OF VIDEO AND State law, and for other purposes. the disinfectant of sunshine. PICTURES OF THE MURDER OF There being no objection, the Senate These filings will become all the DANIEL PEARL proceeded to consider the bill. more important come this November, Mr. LIEBERMAN. Mr. President, I when the Bipartisan Campaign Reform Mr. REID. Mr. President, I ask unan- am very pleased that the Senate today Act—the McCain-Feingold bill—goes imous consent that the Senate imme- is passing H.R. 5596, a compromise bill into effect. As we all know, at least diately proceed to the consideration of aimed at improving disclosure by Sec- some of the soft money donors who will S. Res. 351. The PRESIDING OFFICER. The tion 527 political organizations and re- no longer be able to give to political clerk will state the resolution by title. lieving certain 527 organizations from parties will be looking for other ways The legislative clerk read as follows: arguably duplicative filing require- to influence our elections. Donations ments. I want to thank my colleague, to 527 groups will probably top many of A resolution (S. Res. 351) condemning the posting on the Internet of video and pictures Senator HUTCHISON, as well as our col- their lists, because these are the only of the murder of Daniel Pearl and calling on leagues in the House, for working tax-exempt groups that can do as much such video and pictures to be removed imme- steadfastly with us to draft this bill in election work as they want without diately. a manner that achieves its purpose, but jeopardizing their tax status. With the

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00149 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10780 CONGRESSIONAL RECORD — SENATE October 17, 2002 potential for all this new money com- also mandating better disclosure of ating a massive loophole that could un- ing in, it is critical that we have a them. From here forward, all 527 filing dermine the 527 reform law. That is be- healthy 527 disclosure regime in place. reports on their contributors and ex- cause just as prior to the passage of the Although the 2000 law has been a tre- penditures will have to do so electroni- 527 reform law, some 527 groups were mendous boon in the fight for clean cally, and the IRS will have to make claiming that they were trying to in- and open elections, the 527 disclosure those reports searchable on, and fluence elections for the purposes of regime does have some problems. Pub- downloadable from, the Internet. This the tax code, but not for the purposes lic interest groups that use the disclo- will vastly improve the public’s access of the election laws, a broad exemption sure reports tell us that those reports to information about, and under- for State or local PACs could lead some lack important information needed to standing of, 527 organizations and their groups to claim that they are influ- understand 527s’ activities, and, more activities. encing State elections for the purposes importantly, that the reports are hard The second major feature of this bill of Section 527 but not for the purposes to access and analyze. A new report by is its elimination of arguably duplica- of the State disclosure laws. the nonpartisan Campaign Finance In- tive reporting requirements. In par- So, we have reached the following stitute’s blue ribbon Task Force on ticular, it grants relief from the 527 re- compromise. First, we are not exempt- Disclosure, for example, concludes that form law to a number of organizations ing any of these organizations from the ‘‘there is a serious lack of meaningful that focus on State and local elections Section 527(i) requirement to notify the web disclosure’’ by the IRS of 527 group and that are regulated by State disclo- IRS of the intention to claim Section activities, and calls upon Congress to sure laws. 527 status. Unlike candidate and party mandate a fully searchable database First, the bill fully exempts from its committees, it is not always clear to and electronic filing. Put simply, the mandates State and local candidate the public who is behind these groups public needs more information to be re- and party committees. Under the re- or what their purposes are, making the ported and it needs the IRS to provide form law, these committees must no- information filed in these notices im- better access to it. tify the IRS of their intent to claim portant sources of otherwise unavail- Just as importantly, concerns have Section 527 status, and they have to able information. Moreover, because been raised about the law’s impact on file annual information returns if they we are not completely exempting these State and local political organizations groups from the law’s other disclosure that already fully disclose to the public have over $25,000 in gross receipts. requirements, the notice requirement all of the activities covered by the 527 They do not, however, have to file conwill be critical in helping the IRS and reform law. When we first enacted the tribution and expenditure reports. outside groups monitor compliance 527 reform law, we made clear that we Since the reform law went into effect, believed that 527 organizations, as a we have become convinced that the with the law’s other mandates. In light condition of receiving the federal ben- burden imposed on these committees of that, we believe the minimal effort efit of tax exemption, owed the public by the two relevant disclosure man- required to file the 527(i) notice is disclosure of certain information about dates outweigh the public purpose worth the tremendous value of giving themselves and their activities. A num- served by requiring them to comply the public some basic information ber of State and local political organi- with these mandates. about these groups. zation have now convinced us that they By exempting them from the con- Second, we are granting an exemp- already disclose that information on tribution and expenditures reporting tion from the Section 527(j) contribu- the State level, thereby already serv- requirements that lie at the heart of tion and expenditure reporting require- ing the law’s purpose, and that there is the Section 527 law’s disclosure regime, ments to some of these organizations, no reason to require them to report the the original reform law recognized that but only if they can meet certain strict same information again to the IRS. State and local candidate and party requirements. The group’s so-called ex- The bill we are considering today committees do not generally pose the empt function activity must focus ex- seeks to comprehensively address all threats the 527 law intended to address. clusively on State or local elections; a these problems. First, it makes impor- In contract to other political commit- group that engages in even the small- tant and necessary improvements to tees, there is never any doubt as to who est amount of activity related to a fed- the reporting and disclosure require- is running these committees or whose eral election will not be entitled to this ments, to enable the public to have agenda they aim to promote. Just as exemption. The group also must file better access to more information. For importantly, State laws regulate and with a State agency information on example, organizations will have to require disclosure from all of these every contribution and expenditure it provide more information about the committees. would otherwise be required to disclose contributions they receive and the ex- Different considerations apply to the to the IRS. This requirement ensures penditures they make—providing the case of so-called State and local PACs. that Congress’ conditioning of tax ex- dates of both them, as well as the pur- The bill grants more limited relief to a emption on complete and full disclo- pose of their expenditures. The added carefully defined set of these groups. In sure is not compromised. requirement to state the purpose of an granting this relief, we have walked a In addition, these State filings must expenditure will be particularly helpful very fine line. On one hand, we want to be pursuant to a State law that re- in allowing the public to see whose recognize the fact that every State requires these groups to file the State re- money is supporting particular can- quires disclosure from political com- ports; this requirement seeks to pre- didates. I hope that in implementing mittees involved in that State’s elec- vent organizations from hiding truly this provision, the IRS makes clear tions and that many State and local federal activity by voluntarily report- that organizations should state the PACs covered by the 527 reform law ing to a State where reports may not purposes of expenditures with speci- therefore are already disclosing the in- be as readily accessible as are federal ficity, including whether particular ex- formation the 527 law seeks. On the reports. Moreover, no group will be penditures are in support of, or opposi- other hand, we still believe that there able to take advantage of this exemption to, particular candidates, as well is a strong public interest in knowing tion if the State reports its files are as the name and office sought by any how the federal tax-exemption under not publically available both from the such candidates. The bill we are consid- Section 527 is being used by these orga- State agency with which the report is ering today also requires 527s to pro- nizations, and we most decidedly do filed and from the group itself. Finally, vide updated information on them- not want to exempt from the law’s dis- this exemption also is not available to selves if there is any material change closure requirements any State or any organization in which a candidate in the basic identifying information local PAC that does not otherwise pub- for federal office or someone who holds they filed with the IRS. This important licly disclose all of its activities. elected federal office plays a role— change will make sure that the public To exempt a State or local PAC whether through helping to run the or- can at all times locate these groups merely it claims that it is involved ganization, soliciting money for the or- and know who is running them. only in State elections and files infor- ganization or deciding how the organi- At the same time, as we are improv- mation about some of its activities zation spends its money. I should note ing the nature of the filings, we are with a State agency would risk cre- here that the use of the word ‘‘solicit’’

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00150 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 17, 2002 CONGRESSIONAL RECORD — SENATE S10781 in this case is meant broadly; if a fed- of their income (such as contributions), cer- active, and without Section 7, the IRS could eral candidate or office holder suggests tain income may be subject to federal tax. be found in violation of taxpayer confiden- that money be given to a committee or Prior to the 2000 law, only Section 527 groups tiality rules for posting filings that were directs it there in anyway, then federal with taxable income had to file the Form public under the original law but will no 1120. The 2000 law required most 527s to file longer be public after this bill’s enactment. disclosure is mandated. the form, whether or not they had taxable Mr. REID. Mr. President, I ask unan- In short, this bill exempts from Sec- income. Section 3(a) restores the pre-2000 law tion 527(j)’s contribution and expendi- and puts 527s on a similar footing to other imous consent that the bill be read the ture reporting obligations only those tax-exempt organizations with respect to the third time and passed, the motion to groups that truly and legitimately en- 1120 Form by requiring filing of the form reconsider be laid upon the table, and gage in exclusively State and local ac- only if the organization has taxable income. that any statements related thereto be tivity and only when they already re- Section 3(b) restores the pre-2000 law by printed in the RECORD. making clear that the tax returns of 527s port to their State on all of the infor- The PRESIDING OFFICER. Without with taxable income are confidential. objection, it is so ordered. mation the 527 law seeks. This latter Section 3(c) exempts a number of organiza- condition is important not just because tions from the requirement to file the Form The bill (H.R. 5596) was read the third it precludes the hiding of federal activ- 990 annual information return. Exempt time and passed. ity, but also because we believe that groups will now include State or local can- f didate and party committees, associations of even those groups involved in exclu- AUTHORIZING REPRESENTATION sively State and local elections should State or local officials and groups filing with the FEC. The section also provides that BY SENATE LEGAL COUNSEL face some disclosure requirement if qualified State and local PACs must file the Mr. REID. Mr. President, I ask unan- they are to take the federal benefit of 990 only if they have at least $100,000 in an- tax exemption under Section 527. imous consent that the Senate proceed nual gross receipts (other non-exempt groups to the consideration of S. Res. 352, sub- Finally, the bill makes a small must file the 990 if they have at least $25,000 change to these State and local groups’ in annual gross receipts). Finally, the sec- mitted earlier today by Senators obligation to file an annual information directs the Treasury Secretary to adapt DASCHLE and LOTT. tion return when they do not have tax- the 990 form, which was not developed for po- The PRESIDING OFFICER. The able income. Under the current law, litical organizations, to seek information clerk will report the resolution by they must file such returns when they relevant to the activities of Section 527 orga- title. nizations. The legislative clerk read as follows: have $25,000 in annual receipts; the bill Section 4 directs the Treasury Department increases that trigger to $100,000. Like to work with the FEC to publicize the 527 A resolution (S. Res. 352) to authorize rep- all other 527 organizations, though, law’s reporting requirements. resentation by the Senate Legal Counsel in they still will have to file such returns Section 5 authorizes the Treasury Sec- the case of Judicial Watch, Inc., v. William J. Clinton, et al. if they have taxable income. retary to waive amounts imposed for failing To help walk my colleagues through to file 8871 notices or 8872 reports if he con- There being no objection, the Senate this bill, I am attaching at the end of cludes that the failure to file was due to rea- proceeded to consider the resolution. sonable cause and not willful neglect. Mr. DASCHLE. Mr. President, this my statement a section-by-section of Sections 6(a), (b) and (d) modify existing the bill and ask unanimous consent law regarding noncompliance. Section 6(a) resolution concerns a civil action com- that it be printed in the RECORD after provides that organizations that fail to no- menced in the U.S. District Court for my statement. tify the IRS of their intent to claim Section the District of Columbia against sev- The PRESIDING OFFICER. Without 527 status will have all of their so-called ex- eral current and former Members of the objection, it is so ordered. empt-function income subject to taxation, Senate and House of Representatives. (See exhibit 1.) regardless of whether that income was seg- The plaintiff, Judicial Watch, Inc., is a Mr. LIEBERMAN. Again, let me regated for use for an exempt function. Sec- legal watchdog group that has pursued tion 6(b) provides that the procedures used thank Senator HUTCHISON in particular numerous civil suits against the Gov- for collecting amounts imposed for failing to for her efforts on this bill. I believe we comply with the 8872 contributor/expenditure ernment and its agencies and officials. have worked out a good compromise, reporting requirement are akin to those used In this case, Judicial Watch has sued one that grants relief where it is war- to collect penalties from tax-exempt organi- former President Clinton and several ranted, but does not in any way threat- zations that fail to file the form 990 (this sec- current and former Members of the en to open up a loophole in the law. I tion affects the process of collection, not the Senate and the House of Representa- thank her for that, and I yield the amount collected). Section 6(d) makes clear tives, alleging that those officials con- floor. that the tax code’s existing criminal fraud spired to pressure the Internal Revenue penalties for anyone who willfully furnishes EXHIBIT 1 Service to initiate and continue an information to the IRS he knows is false or SECTION-BY-SECTION fraudulent also applies to 8871 and 8872 fil- audit of Judicial Watch in retaliation Section 1 exempts State and local can- ings. for its activities. didate and party committees from the re- Sections 6(c), (e), (f) and (g) make changes The plaintiff in this case has named quirement to notify the IRS of their Section to certain disclosure requirements. Section the current and former Senators as de- 527 status (Form 8871) and makes that ex- 6(c) streamlines the 8871 notice requirement fendants in this suit based solely on emption retroactive to the date of the 2000 by eliminating the need to file the notice in the fact that these Senators sent rou- law’s enactment. writing; only electronic reporting of the no- tine transmittal letters to the IRS for- Section 2 exempts qualified State or local tice will remain. Section 6(c)(1) adds the date warding constituent correspondence in- PACs from the requirement to file reports and purpose of expenditures and the date of with the IRS detailing their contributions contributions as required information on the quiring why Judicial Watch was enti- and expenditures (Form 8872). It defines a Form 8872. Section 6(e)(2) mandates elec- tled to the benefits of tax-exempt sta- qualified State or local political organiza- tronic filing of the 8872 contributor/expendi- tus. Merely because of those routine tion as one which: (a) focuses solely on State ture reports, and Section 6(e)(3) requires that buck letters, Judicial Watch alleges or local elections; (b) reports and discloses the IRS make information in those reports that those Senators entered into an un- information about all of its sizable contribu- available to and searchable by the public on lawful conspiracy to pressure the IRS tions and expenditures under State law; and the Internet and downloadable to personal to continue to audit it in violation of (c) does not have a federal candidate or elec- computers. Section 6(f) amends the 8871 no- its constitutional rights. tive office holder playing any material role tice to require filers to note whether they in- in the organization or raising money for it. tend to claim an exemption from the 8872 This resolution authorizes the Senate The provision makes clear that an otherwise contribution/expenditure reporting require- Legal Counsel to represent the Senate qualified exempt State or local PAC does not ment or the form 990 annual return require- defendants in this action. lose its exemption simply because there are ment. Finally, Section 6(g) requires organi- Mr. REID. Mr. President, I ask unan- certain variations between State and federal zations to file amended 8871 notices within 30 imous consent that the resolution and law with respect to reporting of contributor days of any material change of the informa- the preamble be agreed to; that the and expenditure information. tion on the previous 8871. motion to reconsider be laid upon the Sections 3(a)–(b) repeal certain changes the Section 7 provides that forms already filed 2000 law made to the requirements governing and made public by the IRS under current table; and that any statements in rela- the filing of tax returns (Form 1120) by polit- law will remain public after this bill be- tion thereto be printed in the RECORD. ical organizations. Although political orga- comes law. This provision is needed because The PRESIDING OFFICER. Without nizations are exempt from taxation on most many of the bill’s exemptions are retro- objection, it is so ordered.

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00151 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10782 CONGRESSIONAL RECORD — SENATE October 17, 2002 The resolution (S. Res. 352) was The resolution, with its preamble, experts on different legislation. Sen- agreed to. reads as follows: ators’ staff have been waiting here for The preamble was agreed to. S. RES. 353 days, it seems, but it has only been The resolution, with its preamble, Whereas, in the case of United States v. hours, to see what happened to legisla- reads as follows: John Murtari, Crim. Act. No. 02–CR–369, tion on this final day before a some- S. RES. 352 pending in the United States District Court what long break. In addition we have for the Northern District of New York, testi- Whereas, in the case of Judicial Watch, the Parliamentarians, the legislative mony has been requested from Cathy Cal- and Journal clerks, and all the various Inc. v. William J. Clinton, et al, No. 1:02-cv- houn, an employee in the office of Senator 01633 (EGS), pending in the United States Hillary Rodham Clinton; staff. The staff who are here tonight— District Court for the District of Columbia, Whereas, pursuant to sections 703(a) and Senators are going to go home at 10:25 the plaintiff has named as defendants cur- 704(a)(2) of the Ethics in Government Act of p.m.—will be here for hours working on rent and former Senators, along with former 1978, 2 U.S.C. §§ 288b(a) and 288c(a)(2), the the RECORD, and other issues. We have President William J. Clinton and several Senate may direct its counsel to represent Members of the House of Representatives; the pages who are juniors in high employees of the Senate with respect to any school, but they are here with us doing Whereas, pursuant to sections 703(a) and subpoena, order, or request for testimony re- 794(a)(1) of the Ethics in Government Act of lating to their official responsibilities; what we ask them to do. 1978, 2 U.S.C. §§ 288b(a) and 288c(a)(1), the Whereas, by the privileges of the Senate of This is really a team effort. To all Senate may direct its counsel to defend the United States and Rule XI of the Stand- the security people, and the others, I Members of the Senate in civil actions relating Rules of the Senate, no evidence under express my personal appreciation for ing to their official responsibilities: Now the control or in the possession of the Senate everything everybody does to allow us therefore, be it may, by the judicial or administrative proc- to get our work done. Resolved, That the Senate Legal Counsel is ess, be taken from such control or possession The PRESIDING OFFICER. The authorized to represent Senator Graham, but by permission of the Senate; and former Senator Bryan, former Senator Robb, Whereas, when it appears that evidence Chair fully concurs. and any other Senator who may be named as under the control or in the possession of the f a defendant in the case of Judicial Watch, Senate may promote the administration of Inc. v. William J. Clinton, et al., and who re- justice, the Senate will take such actions as ORDERS THROUGH NOVEMBER 12, quests representation by the Senate Legal will promote the ends of justice consistently 2002 Counsel. with the privileges of the Senate: Now, Mr. REID. Mr. President, I ask unan- f therefore, be it imous consent that when the Senate Resolved That Cathy Calhoun, and any AUTHORIZING TESTIMONY, DOCU- other employee of the Senate from whom completes its business today, it stand MENT PRODUCTION, AND LEGAL testimony or document production is re- in adjournment until 10:30 a.m. on the REPRESENTATION quired, are authorized to testify and produce following days for pro forma sessions documents in the case of United States v. only, unless the majority leader, or his Mr. REID. Mr. President, I ask unan- John Murtari, except concerning matters for designee, with the concurrence of the imous consent that the Senate proceed which a privilege should be asserted. Republican leader, is seeking recogni- to the consideration of S. Res. 353. SEC. 2. The Senate Legal Counsel is author- tion; that upon completion of each ses- The PRESIDING OFFICER. The ized to represent employees of the Senate in connection with the testimony and docu- sion, the Senate adjourn until the next clerk will report the resolution by listed date: title. ment production authorized in section one of this resolution. October 21, October 24, October 28, October The legislative clerk read as follows: 31, November 4, November 7, and November 8. f A resolution (S. Res. 353) to authorize tes- This is all in compliance with the United timony, document production, and legal rep- THANKING THE PRESIDING States Constitution. Further, that if the ma- resentation in United States v. John OFFICER AND STAFF jority leader, or his designee, seeks recogni- Murtari. tion, the morning hour be deemed expired, Mr. REID. Mr. President, we have, I There being no objection, the Senate the Journal of proceedings be approved to am sure, a few other items to do before date, and the time for the two leaders be re- proceeded to consider the resolution. we close until later next month. I just served for their use later in the day; that fol- Mr. DASCHLE. Mr. President, a Fed- want to say, first of all, the Presiding lowing the adjournment on November 8, the eral information in the Northern Dis- Officer is so available and I appreciate Senate reconvene on November 12 at 1 p.m.; trict of New York has been filed that very much. We all do. As I am that following the prayer and the pledge, the against an individual on four counts of sure everyone in this Chamber knows, morning hour be deemed expired, the Jour- refusing to follow lawful orders, ob- it is difficult late at night to find peo- nal of proceedings be approved to date, the time for the two leaders be reserved for their structing a corridor, and trespass in- ple willing to preside, and the Senator side a Federal office building in Syra- use later in the day, and that there be a pe- from Minnesota, Mr. DAYTON, is always riod for the transaction of morning business, cuse, NY. The charges arise from the so courteous and willing to preside. I with Senators permitted to speak therein for refusal of the defendant to vacate the told him personally what an excellent up to 10 minutes each. premises outside the office of Senator job he does. Presiding is more than just The PRESIDING OFFICER. Without CLINTON, despite being directed to do so being here. The Presiding Officer has to objection, it is so ordered. by Federal Protective Service per- be firm and consistent, as he is. Mr. REID. Mr. President, again, sonnel charged with maintaining secu- Also, Mr. President, it took a lot to thank you very much. rity in the Federal building. get to where we are tonight. I read f The U.S. Attorney has requested tes- through these items very quickly, but timony at trial by an employee on the people work for days, weeks, and ADJOURNMENT UNTIL MONDAY, staff of Senator CLINTON who had con- months on some of this legislation. As OCTOBER 21, 2002 tact with the defendant. I read the titles, some may not seem Mr. REID. Mr. President, if the Chair This resolution would authorize the too significant, but they are impor- has no further business, and I have Senate employee to testify and produce tant, and we were able to pass them to- nothing more, I ask unanimous consent documents in this case with represen- night. that the Senate stand in adjournment tation by the Senate Legal Counsel. Also, it is hard to describe to the under the previous order. Mr. REID. Mr. President, I ask unan- viewing public how hard the staff There being no objection, the Senate, imous consent that the resolution and works, without the attention we get, to at 10:25 p.m., adjourned until Monday, the preamble be agreed to; that the get us to where we are. The staff cer- October 21, 2002, at 10:30 a.m. motion to reconsider be laid upon the tainly deserves more attention than f table; and that any statements in rela- they get. Anything that happens in the tion thereto, be printed in the RECORD. Senate, we take the credit, but we NOMINATIONS The PRESIDING OFFICER. Without should give them some recognition. We Executive nominations received by objection, it is so ordered. would not be where we are without the Senate October 17, 2002: The resolution (S. Res. 353) was them. NATIONAL SCIENCE FOUNDATION agreed to. To do all this takes a lot of people: STEVEN C. BEERING, OF INDIANA, TO BE A MEMBER OF The preamble was agreed to. the Official Reporters, those who are THE NATIONAL SCIENCE BOARD, NATIONAL SCIENCE

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FOUNDATION, FOR THE REMAINDER OF THE TERM EX- DAVID J BOISSELLE, 0000 GARY G GUNLOCK, 0000 PIRING MAY 10, 2004, VICE CHANG-LIN TIEN, RESIGNED. GERALD BONNETTE, 0000 PHILLIP A GUTIERREZ, 0000 BARRY C. BARISH, OF CALIFORNIA, TO BE A MEMBER KEVIN BONSER, 0000 REBECCA L HAGEMANN, 0000 OF THE NATIONAL SCIENCE BOARD, NATIONAL SCIENCE SCOTT R BONSER, 0000 ROGER A HAHN, 0000 FOUNDATION, FOR A TERM EXPIRING MAY 10, 2008, VICE MICHAEL L BORNSTEIN, 0000 JAMES D HAIR, 0000 EAMON M. KELLY, TERM EXPIRED. MICHAEL O BOYD, 0000 AUBREY K HAMLETT, 0000 RAY M. BOWEN, OF TEXAS, TO BE A MEMBER OF THE SHAUN J BOYD, 0000 LARRY S HAND, 0000 NATIONAL SCIENCE BOARD, NATIONAL SCIENCE FOUN- SHEILA R BOYDWILLIAMS, 0000 EDMUND J HANDLEY, 0000 DATION, FOR A TERM EXPIRING MAY 10, 2008, VICE VERA RONALD J BRABANT, 0000 RAYMOND K HANNA, 0000 C. RUBIN, TERM EXPIRED. JAMES S BRADY, 0000 WILLIAM P HARRAH, 0000 DELORES M. ETTER, OF MARYLAND, TO BE A MEMBER CHARLES H BRAGG, 0000 DAVID A HARRIS, 0000 OF THE NATIONAL SCIENCE BOARD, NATIONAL SCIENCE JAIME F BRAMMER, 0000 DONALD W HARTSELL JR., 0000 FOUNDATION, FOR A TERM EXPIRING MAY 10, 2008, VICE ROBERT T BRANDT, 0000 THOMAS F HAYDEN, 0000 JOHN A. ARMSTRONG, TERM EXPIRED. JOHN M BRAY, 0000 CHRISTOPHER K HAYNIE, 0000 KENNETH M. FORD, OF FLORIDA, TO BE A MEMBER OF JOHN H BREDENKAMP III, 0000 JAMES J HEAVEY, 0000 THE NATIONAL SCIENCE BOARD, NATIONAL SCIENCE CHRIS A BRICE, 0000 CALVIN G HENDRIX, 0000 FOUNDATION, FOR A TERM EXPIRING MAY 10, 2008, VICE STEPHENS BROUSSARD, 0000 CARL L HENRY JR., 0000 M. R. C. GREENWOOD, TERM EXPIRED. HENRY R BROWN, 0000 OLIVER R HERION, 0000 DANIEL E. HASTINGS, OF MASSACHUSETTS, TO BE A JORDAN D BROWN, 0000 JAMES B HICKS, 0000 MEMBER OF THE NATIONAL SCIENCE BOARD, NATIONAL RANDY E BROWN, 0000 MICHAEL F HILLIS, 0000 SCIENCE FOUNDATION, FOR A TERM EXPIRING MAY 10, ROBERT L BROWN II, 0000 CHRISTOPHER S HILTS, 0000 2008, VICE BOB H. SUZUKI, TERM EXPIRED. RUSSELL D BROWN, 0000 JAMES E HOCH, 0000 DOUGLAS D. RANDALL, OF MISSOURI, TO BE A MEMBER THOMAS J BROWN, 0000 ELIZABETH A HODIL, 0000 OF THE NATIONAL SCIENCE BOARD, NATIONAL SCIENCE DUSTIN M BRUMAGIN, 0000 DAVID G HOFFMAN, 0000 FOUNDATION, FOR A TERM EXPIRING MAY 10, 2008, VICE DAVID A BRYANT, 0000 KENNETH L HOLLAND, 0000 JOHN D BURGOYNE III, 0000 RICHARD A. TAPIA, TERM EXPIRED. DOUGLAS E HOUSER, 0000 SHARON A CANNON, 0000 MARLIN O HOUSER, 0000 JO ANNE VASQUEZ, OF ARIZONA, TO BE A MEMBER OF JOHN M CARMICHAEL, 0000 ROGER L HUDSON JR., 0000 THE NATIONAL SCIENCE BOARD, NATIONAL SCIENCE MARTIN CARO, 0000 PAUL G HUGHES, 0000 FOUNDATION, FOR A TERM EXPIRING MAY 10, 2008, VICE DAVID E CARROLL, 0000 RODNEY E HUNT, 0000 MARY K. GAILLARD, TERM EXPIRED. GEORGE F CHAMPION JR., 0000 TIMOTHY S HUNT, 0000 IN THE COAST GUARD MARK A CHANCEY, 0000 JEFFERY A HURLEY, 0000 JOEY A CHESNEY, 0000 RONALD E IRWIN, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT KEVIN P CHILDRE, 0000 BOBBY C JACKSON, 0000 TO THE GRADE INDICATED IN THE UNITED STATES KEVIN G CHIRAS, 0000 LINDA D JACKSON, 0000 COAST GUARD UNDER TITLE 14, U.S. C., SECTION 211: FRANCINI R CLEMMONS, 0000 CANDICE L JAMES, 0000 To be lieutenant JIMMY W CLINTON, 0000 EDWARD G JASO, 0000 BRADLEY E COFFMAN, 0000 DEREK S JENSEN, 0000 DANA B. REID, 0000 BRUCE C COLKITT, 0000 EDWARD L JENSEN, 0000 GLEN S COLLINS, 0000 CHARLES E JOHNSON, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT KENNETH C COLLINS II, 0000 MICHAEL L JOHNSON, 0000 IN THE UNITED STATES COAST GUARD RESERVE TO THE MARVIN D COLLINS, 0000 RICHARD A JOHNSON, 0000 GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: JOSE A COLON, 0000 TERENCE K JOHNSON, 0000 To be captain MICHAEL G CONNER, 0000 CHARLES O JONES, 0000 BRENDA J CONWAY, 0000 ORAL A JORDAN, 0000 DOUGLAS A ASH, 0000 CATHERINE A COWELL, 0000 MICHAEL A KACZMAREK, 0000 SALVATORE BRILLANTE, 0000 WILLIAM L CRABTREE, 0000 MARK D KAES, 0000 TIMOTHY M BUTLER, 0000 RANDOLPH S CREEL, 0000 SANFORD L KALLAL, 0000 JEANNE CASSIDY, 0000 PETER CRESCENTI, 0000 MARK H KAUTZMANN, 0000 DANIEL R CROCE, 0000 DONALD F CRUMPACKER, 0000 WARREN A KEITH, 0000 SIDNEY J DUCK III, 0000 JOSE JR CRUZ, 0000 EDDY E KELLEY, 0000 WAYNE C DUMAS, 0000 TONI Y CRYTZER, 0000 RODNEY L KELLEY, 0000 KENDEL D FEILEN, 0000 MICHAEL T CURRY, 0000 ALAN D KENEIPP, 0000 DOREEN D FULLER, 0000 GUS R CUYLER JR., 0000 MARK J KERN, 0000 ROBERT W GRABB, 0000 KAREN R DALLAS, 0000 CARRIE L KIMBLE, 0000 WILLIAM C HANSEN, 0000 JAMES S DANCER, 0000 JOHN C KLACKBURN, 0000 MAUREEN B HARKINS, 0000 BILLY M DANIELS, 0000 JOSEPH KLAPISZEWSKI, 0000 STEPHEN N JACKSON, 0000 DOUGLAS L DANIELS, 0000 LISA M KLAPROTH, 0000 MARK A JONES, 0000 CLINTON D DAVIS, 0000 TODD C KNOP, 0000 JOHN W LONG, 0000 DENNIS M DAVIS, 0000 ROBERT J KRIGELMAN, 0000 JOHN J MADEIRA, 0000 DZUNG P DAVIS, 0000 PATRICK E LANCASTER, 0000 DAVID A MAES, 0000 FREDERICK V DEHNER, 0000 RANDY D LANGLITZ, 0000 DAVID G O’BRIEN, 0000 PAUL A DISE, 0000 LURA L LARSEN, 0000 DAVID W. SPRINGER, 0000 JAMES E DODSON, 0000 DENNIS M LATOUR, 0000 WARREN E. SOLODUK, 0000 WILLIAM R JR DONNELL, 0000 WILLIAM J LAURENT, 0000 IN THE AIR FORCE LAWRENCE D DOWLING, 0000 STEVEN P LEARO, 0000 DAVID G DOZIER, 0000 CHRISTOPHER LEDLOW, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MICHAEL D DUENSING, 0000 EDWARD M LEE, 0000 TO THE GRADE INDICATED IN THE UNITED STATES AIR DUANE E DUNIVAN, 0000 RANDALL G LEE, 0000 FORCE UNDER TITLE 10, U.S.C., SECTION 624: JOHN J DUNNE, 0000 RICKY W LEE JR., 0000 ARTHUR M DUVALL, 0000 RICARDO L LEGASPI, 0000 To be lieutenant colonel JAMES C DYER, 0000 ROBERT P LEOPOLD, 0000 DAVID G. SMITH, 0000 WILLIAM E EDENBECK, 0000 JEFFREY LETSINGER, 0000 TOMMY L EDGEWORTH, 0000 ONZIE L LEVEL JR., 0000 IN THE NAVY DAVID R EGGLESTON, 0000 BENJAMIN N LEWIS, 0000 STEVEN D ELIAS, 0000 DAVID N LEWIS, 0000 THE FOLLOWING NAMED OFFICERS FOR PERMANENT PAUL S ELLIS, 0000 RONALD C LEWIS, 0000 APPOINTMENT TO THE GRADE INDICATED IN THE DANIEL W ELSASS, 0000 ALICE Y LIBURD, 0000 UNITED STATES NAVY UNDER TITLE 10, U.S.C., SECTION DENISE EVANS, 0000 TAMI M LINDQUIST, 0000 5589: DENNIS EVANS, 0000 DAVID D LITTLE, 0000 To be lieutenant ANTHONY FACCHINELLO, 0000 DAVID W LIVINGSTON, 0000 CHRISTOPHER P FAKO, 0000 JEFFREY L LLOYDJONES, 0000 RODNEY D ABBOTT, 0000 FERNANDO FALERI, 0000 LARRY L LOBIS, 0000 GLENN W ADAMS III, 0000 ALAN D FEENSTRA, 0000 RALPH L LOFTON, 0000 DARYL G ADAMSON, 0000 RANDALL I FEHER, 0000 JOHN E LOHR, 0000 JEFFREY D ADKINS, 0000 STEVEN T FILES, 0000 THOMAS J LONGINO, 0000 STEVE R AHRENDTS, 0000 JOHN E FISHER, 0000 ROBERT J LOPEZ, 0000 KEVIN J ALFORD, 0000 MICHAEL J FLESHMAN, 0000 RICHARD F LOVE III, 0000 RICHARD T ALLEN, 0000 JOHN J FORD, 0000 DOUGLAS H LOYD, 0000 MICHAEL S ANDERSON, 0000 VINCENT A FORTSON, 0000 CLARENCE C LUCKA, 0000 JOHN A APPICELLI, 0000 MICHAEL E FOWLER, 0000 PATRICK H LUETH, 0000 EMMANUEL C ARCELONA, 0000 ARSENIO S FRANCISCO, 0000 TIMOTHY S MACIOLEK, 0000 GREGORY W ARCHULET, 0000 DAVID P FREDRICKSON, 0000 ALAN G MACNEIL, 0000 CHARLES E ARDINGER JR., 0000 FRANK P FUHRMEISTER, 0000 LAURA L MALLORY, 0000 RONNIE E ARGILLANDER, 0000 ARTHUR C FULLER, 0000 ANCEL S MANALILI, 0000 PETER AZZOPARDI, 0000 JOHN J GALLAGHER JR., 0000 DENNIS S MARION, 0000 DOUGLAS E BAILLIE, 0000 KEVIN P GALLAGHER, 0000 LUIS R MARROQUIN, 0000 DOUGLAS E BAKER, 0000 GENE D GALLAHER, 0000 RONALD G MARTEL, 0000 ROBERT C BAKER, 0000 GREGORY G GALYO, 0000 WANDA D MARTIN, 0000 TONY C BAKER, 0000 BOBBY F GASKIN, 0000 DREW W MARTINEZ, 0000 DAVID L BALDWIN, 0000 CHRISTOPHER GASKIN, 0000 ANTHONY J MATA, 0000 MICHAEL E BALL, 0000 FRANCIS J GAULT, 0000 DON E MCCONAGHY, 0000 JOSELITO T BALUYOT, 0000 JEFFREY K GHINTER, 0000 JAMES W MCDONNER, 0000 JERRY L BARTEE, 0000 DONALD W GIBSON, 0000 JOHN C MCELHANNON, 0000 JOHN O BEACH, 0000 KARL G GILES, 0000 GREGORY L MCGILL, 0000 MICHAEL J BEAL, 0000 JAMES A GILLEN, 0000 PATRICK J MCGOVERN, 0000 DOUGLAS S BEAN, 0000 GERALD W GLADDERS, 0000 BRADLEY H MCGUIRE, 0000 MATTHEW P BEARE, 0000 DAVID A GLOVER, 0000 TODD A MCINTYRE, 0000 KEVIN R BECK, 0000 JOSELITO O GONZALES, 0000 NANCY G MCKEOWN, 0000 RAFAEL BELLIARD, 0000 TRACY A GONZO, 0000 DANIEL F MCKIM, 0000 KENNETH T BELLOMY, 0000 DEBORA L GOWANS, 0000 JEFFREY T MCMILLAN, 0000 RONALD M BENTON, 0000 GREGORY S GRAVELLE, 0000 GERALD W MCNALLY, 0000 GARRY BERNIER, 0000 HUENELL GRAY III, 0000 TIMOTHY J MEAD, 0000 RALPH E BETTS, 0000 TOD M GREVER, 0000 RAFAELDIONIS MEDINA, 0000 MICHAEL W BICKFORD, 0000 CANDACE L GRIFFIN, 0000 RONALD J MEHRWERTH, 0000 KENNETH E BLAIR, 0000 CORY M GROOM, 0000 LEO C MELODY, 0000 CHRISTOPHER P BOBB, 0000 RICHARD R GROVE JR., 0000 ROBERT E MERRILL, 0000

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00153 Fmt 4624 Sfmt 9801 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10784 CONGRESSIONAL RECORD — SENATE October 17, 2002

JACK D MILLER, 0000 FREDDIE D STRAIN, 0000 WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND MICHAEL S MILLS, 0000 JAMES E SUCKART, 0000 RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: ROCCO F MINGIONE JR., 0000 TODD M SULLIVAN, 0000 OLIVER C MINIMO, 0000 ROBIN L SUNTHEIMER, 0000 To be general DENNIS MOJICA, 0000 PATRICK H SUTTON, 0000 LT. GEN. BURWELL B. BELL III MICHAEL A MORAND, 0000 JEFFREY S SWAIN, 0000 KEVIN A MORGAN, 0000 MICHAEL B TA, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DONALD K MORRIS II, 0000 HORACIO G TAN, 0000 IN THE UNITED STATES ARMY TO THE GRADE INDICATED ANDRE R MOSER, 0000 QUINTIN G TAN, 0000 WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND RODNEY H MOSS, 0000 REYNALDO T TANAP, 0000 RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: DENIS E MURPHY, 0000 GEORGE N TAYLOR III, 0000 To be lieutenant general STEPHEN J NADOLNY, 0000 KENNETH C TEASLEY, 0000 JOHN D NAYLOR, 0000 STEVEN C TERREAULT, 0000 MAJ. GEN. ROBERT W. WAGNER STELLA B NEALY, 0000 KIMBALL B TERRES, 0000 JAMES B NELSON, 0000 ANTHONY E THARPE, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JOHN W NELSON, 0000 JOHN W THIERS, 0000 IN THE UNITED STATES ARMY TO THE GRADE INDICATED MICHAEL S NIELSEN, 0000 CHARLES THOMAS JR., 0000 WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND SCOTT A NOE, 0000 MICHAEL L THOMPSON, 0000 RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: BRIAN S NORRIS, 0000 ROBERT E THOMPSON, 0000 RODNEY J NORTON, 0000 JAMES C THORNTON, 0000 To be lieutenant general BRIAN A NOVAK, 0000 EUGENE TILLERY, 0000 MAJ. GEN. RICHARD A. HACK MARK A NOWALK, 0000 MARK K TILLEY, 0000 JOSEPH N OBI, 0000 ANTONIO C TING, 0000 THE FOLLOWING ARMY NATIONAL GUARD OFFICERS ANTONIO M OCAMPO JR., 0000 JAMES M TIVNAN, 0000 FOR APPOINTMENT IN THE RESERVE OF THE ARMY TO MICHAEL S OLDHAM, 0000 STEPHEN TOBIAS, 0000 THE GRADES INDICATED UNDER TITLE 10, U.S.C., SEC- JOHN A OMAN, 0000 JOSE L TORRES, 0000 TION 12203: JEFFREY D ORBERSON, 0000 TIMOTHY W TOW, 0000 MICHAEL R OTTO, 0000 To be major general KEITH A TUKES, 0000 THEODORE G PACLEB, 0000 JOHNNY L TURNER, 0000 RAYMOND A PARHAM, 0000 BRIGADIER GENERAL GEORGE A. BUSKIRK, JR. EDWARD TWIGG III, 0000 RAYMOND F PARIS, 0000 LAWRENCE W UPCHURCH, 0000 THE FOLLOWING ARMY NATIONAL GUARD OF THE GREG M PASSONS, 0000 JOEL A VARGAS, 0000 UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- DAVID C PAYNE, 0000 JOSEPH A VARONE, 0000 SERVE OF THE ARMY TO THE GRADE INDICATED UNDER JOHN P PEARSON, 0000 GREGORY A VERLINDE, 0000 TITLE 10, U.S.C., SECTION 12203: DONALD E PECK II, 0000 ANTHONY M PECORARO, 0000 CINDY A VILLAVASO, 0000 To be major general JEFFREY S PEHL, 0000 ALEC C VILLEGAS, 0000 TIMOTHY A PELNARSCH, 0000 TIMOTHY VONDERHARR, 0000 BRIG. GEN. DAVID C. HARRIS SCOTT H WADE, 0000 RICK C PEREZ, 0000 IN THE MARINE CORPS BRADLEY J PETERSEN, 0000 WILBERT M WAFFORD, 0000 DAVID R PFAFF, 0000 DAVID L WALKER, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ALFRED F PIERSON, 0000 ERIC V WALKER, 0000 IN THE UNITED STATES MARINE CORPS TO THE GRADE ROBERT G PINSKI, 0000 JAMES F WALSH, 0000 INDICATED WHILE ASSIGNED TO A POSITION OF IMPOR- LLOYD R PLANTY, 0000 MATTHEW W WALSH, 0000 TANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., PAUL H PLATTSMIER, 0000 STEVEN T WALTNER, 0000 SECTION 601: DAVID G WATSON, 0000 ERIC S POARCH, 0000 To be lieutenant general BARRY A POLK, 0000 DIANA D WEAVER, 0000 GEORGE A PORTER, 0000 JAMY L WEAVER, 0000 MAJ. GEN. JAMES T. CONWAY ROBERT L PROSSER, 0000 TODD A WEAVER, 0000 REX N PUENTESPINA, 0000 RICHARD C WEBER, 0000 IN THE NAVY DAVID T PURKISS, 0000 PETER H WEIR, 0000 THOMAS M WEISHAR, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT RONALD G RANCOURT, 0000 IN THE UNITED STATES NAVY TO THE GRADE INDICATED MARC W RATKUS, 0000 SHALALIA I WESLEY, 0000 SELVIN A WHITE, 0000 WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND BILLY W RAYFORD, 0000 RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: RORY S REAGAN, 0000 WILLIAM H WHITE, 0000 SHAWN J REAMS, 0000 DWAINE C WHITHAM, 0000 To be vice admiral LEWIS C REAVES, 0000 EDWARD E WILBUR II, 0000 REAR ADM. LOWELL E. JACOBY JAMES C REEVES, 0000 WILLIAM J WILBURN, 0000 CHRISTOPHER G WILLIAMS, 0000 STEVEN T REITH, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT KEENAN L WILLIAMS, 0000 JOHN M REYNOLDS, 0000 IN THE UNITED STATES NAVY TO THE GRADE INDICATED JAMES M WINFREY, 0000 TERRY L RHODES, 0000 WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND FRANKLIN C WOLFF, 0000 MICHAEL P RILEY, 0000 RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: RAYMOND R ROACH JR., 0000 VINCENT J WOOD, 0000 DARREN V ROBERSON, 0000 MARK H WOODS, 0000 To be vice admiral EARL A WOOTEN, 0000 DAVID P ROBERTS JR., 0000 REAR ADM. DAVID L. BREWER III JAMES M ROBINSON, 0000 KEVIN D WRENTMORE, 0000 TIMOTHY L ROCKWELL, 0000 WILLIAM C XTAMEY, 0000 AIR FORCE NOMINATION OF JAMES M. KNAUF. DEAN R RODRIGUEZ, 0000 ALEJANDRO D YANZA, 0000 AIR FORCE NOMINATION OF GARY P. ENDERSBY. NANCY J ROHE, 0000 MICHAEL D YELANJIAN, 0000 AIR FORCE NOMINATION OF MARK A. JEFFRIES. LAURA J ROLLINS, 0000 ERNEST J YELDER JR., 0000 AIR FORCE NOMINATION OF JOHN P. REGAN. VICTOR H ROMANO, 0000 KEVIN A YOUNG, 0000 AIR FORCE NOMINATION OF JOHN S. MCFADDEN. CHRISTOPHER G ROSS, 0000 JOSEPH L YOUNT, 0000 AIR FORCE NOMINATION OF LARRY B. LARGENT. PHILIP T ROUIN, 0000 RONALD W ZITZMAN, 0000 AIR FORCE NOMINATION OF FRANK W. PALMISANO. RANDY R ROY, 0000 BERNERD C ZWAHLEN, 0000 AIR FORCE NOMINATIONS BEGINNING DAVID S. WILLIAM M RUSHING, 0000 BRENTON AND ENDING BRENDA K. ROBERTS, WHICH JAMES A RUSHTON, 0000 f NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- STEVEN E RYAN, 0000 PEARED IN THE CONGRESSIONAL RECORD ON OCTOBER 1, KENNETH A SABOL, 0000 CONFIRMATIONS 2002. LEANDER J SACKEY, 0000 AIR FORCE NOMINATIONS BEGINNING CYNTHIA A. CRAIG R SADRACK, 0000 Executive nominations confirmed by JONES AND ENDING JEFFREY F. JONES, WHICH NOMINA- DAVID W SALAK, 0000 the Senate October 17, 2002: TIONS WERE RECEIVED BY THE SENATE AND APPEARED BERNARD B SALAZAR, 0000 IN THE CONGRESSIONAL RECORD ON OCTOBER 1, 2002. MOSE J SAM, 0000 DEPARTMENT OF HEALTH AND HUMAN SERVICES AIR FORCE NOMINATION OF MARIO G. CORREIA. KENNETH B SANCHEZ, 0000 AIR FORCE NOMINATION OF MICHAEL L. MARTIN. DAVID T SANDERLIN, 0000 MARK B. MCCLELLAN, OF THE DISTRICT OF COLUMBIA, AIR FORCE NOMINATIONS BEGINNING XIAO LI REN AND STEPHEN H SANDERS, 0000 TO BE COMMISSIONER OF FOOD AND DRUGS, DEPART- ENDING JEFFREY H.* SEDGEWICK, WHICH NOMINATIONS ROBERT P SAUNDERS JR., 0000 MENT OF HEALTH AND HUMAN SERVICES. WERE RECEIVED BY THE SENATE AND APPEARED IN THE JOHN L SCALES, 0000 CENTRAL INTELLIGENCE CONGRESSIONAL RECORD ON OCTOBER 1, 2002. MICHAEL S SCHINE, 0000 AIR FORCE NOMINATIONS BEGINNING THOMAS A.* AU- NICHOL M SCHINE, 0000 SCOTT W. MULLER, OF MARYLAND, TO BE GENERAL GUSTINE III AND ENDING CHARLES E.* PYKE, WHICH RONALD A SCHNEIDER, 0000 COUNSEL OF THE CENTRAL INTELLIGENCE AGENCY. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- THOMAS R SCHROCK, 0000 THE ABOVE NOMINATIONS WERE APPROVED SUBJECT PEARED IN THE CONGRESSIONAL RECORD ON OCTOBER 1, JACKIE A SCHWEITZER, 0000 TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- 2002. MATTHEW M SCOTT, 0000 QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY AIR FORCE NOMINATIONS BEGINNING ERRISH NASSER MICHAEL K SEATON, 0000 CONSTITUTED COMMITTEE OF THE SENATE. G. ABU AND ENDING ERNEST J. ZERINGUE, WHICH NOMI- LAWRENCE A SECHTMAN, 0000 NATIONS WERE RECEIVED BY THE SENATE AND AP- ROBIN C SHAFFER, 0000 IN THE AIR FORCE PEARED IN THE CONGRESSIONAL RECORD ON OCTOBER 4, MARTIN D SHARPE, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT 2002. SCOTT E SHEA, 0000 IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- AIR FORCE NOMINATIONS BEGINNING DANA H. BORN STEVEN B SHERRILL, 0000 CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND ENDING JAMES L. COOK, WHICH NOMINATIONS WERE MICHAEL T SHERROD, 0000 AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION RECEIVED BY THE SENATE AND APPEARED IN THE CON- RICKY L SHILO, 0000 601: GRESSIONAL RECORD ON OCTOBER 8, 2002. JEFFREY R SHIPMAN, 0000 ARMY NOMINATION OF SCOTT T. WILLIAMS. GARY K SMITH, 0000 To be lieutenant general ARMY NOMINATION OF ERIK A. DAHL. JUAN A SMITH, 0000 ARMY NOMINATION OF JAMES R. KIMMELMAN. WAYNE D SMITH, 0000 LT. GEN. GLEN W. MOORHEAD III ARMY NOMINATION OF JOHN E. JOHNSTON. STEVEN L SOLES, 0000 THE FOLLOWING OFFICER FOR APPOINTMENT IN THE ARMY NOMINATIONS BEGINNING JANET L. BARGEWELL JEFFREY S SOTINGCO, 0000 UNITED STATES AIR FORCE TO THE GRADE INDICATED AND ENDING MITCHELL E. TOLMAN, WHICH NOMINA- TIMOTHY C SPENCE, 0000 UNDER TITLE 10, U.S.C., SECTION 624: TIONS WERE RECEIVED BY THE SENATE AND APPEARED ANTHONY W STACY, 0000 IN THE CONGRESSIONAL RECORD ON OCTOBER 8, 2002. VINCENT T STANLEY, 0000 To be brigadier general ARMY NOMINATIONS BEGINNING LELAND W. RICHARD H STEFFES, 0000 DOCHTERMAN AND ENDING DOUGLAS R. WINTERS, JEFFREY C STELZIG, 0000 COL. FREDERICK F. ROGGERO WHICH NOMINATIONS WERE RECEIVED BY THE SENATE JOSEPH R STEPRO, 0000 IN THE ARMY AND APPEARED IN THE CONGRESSIONAL RECORD ON OC- PHILIP R STGELAIS, 0000 TOBER 8, 2002. PAUL A STOLZMAN, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ARMY NOMINATIONS BEGINNING GLENN E. BALLARD MARK A STONE, 0000 IN THE UNITED STATES ARMY TO THE GRADE INDICATED AND ENDING MARION J. YESTER, WHICH NOMINATIONS

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00154 Fmt 4624 Sfmt 9801 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 17, 2002 CONGRESSIONAL RECORD — SENATE S10785 WERE RECEIVED BY THE SENATE AND APPEARED IN THE TIONS WERE RECEIVED BY THE SENATE AND APPEARED WITHDRAWAL CONGRESSIONAL RECORD ON OCTOBER 8, 2002. IN THE CONGRESSIONAL RECORD ON OCTOBER 10, 2002. ARMY NOMINATION OF ROBERT D. BOIDOCK. ARMY NOMINATIONS BEGINNING ADRINE S ADAMS AND ARMY NOMINATION OF DERMOT M. COTTER. ENDING MARYELLEN YACKA, WHICH NOMINATIONS Executive message transmitted by ARMY NOMINATION OF CONNIE R. KALK. WERE RECEIVED BY THE SENATE AND APPEARED IN THE the President to the Senate on October ARMY NOMINATION OF MICHAEL J. HOILIEN. CONGRESSIONAL RECORD ON OCTOBER 10, 2002. ARMY NOMINATION OF ROMEO NG. FOREIGN SERVICE NOMINATIONS BEGINNING DEBORAH 17, 2002, withdrawing from further Sen- ARMY NOMINATIONS BEGINNING JUDY A ABBOTT AND C. RHEA AND ENDING ASHLEY J. TELLIS, WHICH NOMINA- ENDING DENNIS C ZACHARY, WHICH NOMINATIONS WERE TIONS WERE RECEIVED BY THE SENATE AND APPEARED ate consideration the following nomi- RECEIVED BY THE SENATE AND APPEARED IN THE CON- GRESSIONAL RECORD ON OCTOBER 10, 2002. IN THE CONGRESSIONAL RECORD ON JUNE 21, 2002. nation: ARMY NOMINATIONS BEGINNING JOSE FOREIGN SERVICE NOMINATIONS BEGINNING DEAN B. PETER MARZIO, OF TEXAS, TO BE A MEMBER OF THE ALAMOCARRASQUILLO AND ENDING MATTHEW L WOODEN AND ENDING CLAUDIA L. YELLIN, WHICH NOMI- ZIZMOR, WHICH NOMINATIONS WERE RECEIVED BY THE NATIONS WERE RECEIVED BY THE SENATE AND AP- NATIONAL MUSEUM SERVICES BOARD FOR A TERM EX- SENATE AND APPEARED IN THE CONGRESSIONAL PEARED IN THE CONGRESSIONAL RECORD ON JUNE 21, PIRING DECEMBER 6, 2006, VICE RUTH Y. TAMURA, TERM RECORD ON OCTOBER 10, 2002. 2002. EXPIRED, WHICH WAS SENT TO THE SENATE ON SEP- ARMY NOMINATIONS BEGINNING ARTHUR L ARNOLD, NAVY NOMINATION OF RALPH M. GAMBONE. TEMBER 4, 2002. JR. AND ENDING MARK S VAJCOVEC, WHICH NOMINA- NAVY NOMINATION OF THOMAS E. PARSHA.

VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00155 Fmt 4624 Sfmt 9801 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY Thursday, October 17, 2002 Daily Digest Senate Reid (for Jeffords/Smith of NH) Amendment No. Chamber Action 4892, in the nature of a substitute. Page S10742 Routine Proceedings, pages S10603–S10785 Police Retirement Benefits Protection: Senate Measures Introduced: Twenty-three bills and passed H.R. 5205, to amend the District of Colum- twelve resolutions were introduced, as follows: S. bia Retirement Protection Act of 1997 to permit the 3127–3149, S.J. Res. 50–51, S. Res. 345–353, and Secretary of the Treasury to use estimated amounts S. Con. Res. 154. Pages S10676–77 in determining the service longevity component of Measures Reported: the Federal benefit payment required to be paid S. 606, to provide additional authority to the Of- under such Act to certain retirees of the Metropoli- fice of Ombudsman of the Environmental Protection tan Police Department of the District of Columbia, Agency, with an amendment in the nature of a sub- clearing the measure for the President. Page S10742 stitute. (S. Rept. No. 107–320) Printing Authority: Senate agreed to S. Res. 349, S. 2018, to establish the T’uf Shur Bien Preserva- to authorize the printing of a revised edition of the tion Trust Area within the Cibola National Forest in Senate Rules and Manual. Pages S10742–43 the State of New Mexico to resolve a land claim in- Navy-Marine Corps Intranet Contract: Senate volving the Sandia Mountain Wilderness, with an passed H.R. 5647, to authorize the duration of the amendment in the nature of a substitute. (S. Rept. base contract of the Navy-Marine Corps Intranet No. 107–321) contract to be more than five years but not more S. 2499, A Bill to amend the Federal Food, Drug, than seven years, clearing the measure for the Presi- and Cosmetic Act to establish labeling requirements dent. Page S10743 regarding allergenic substances in food, with an FHA Downpayment Simplification Act: Senate amendment in the nature of a substitute. (S. Rept. passed S. 2239, to amend the National Housing Act No. 107–322) to simplify the downpayment requirements for FHA S. 2550, to amend the Professional Boxing Safety mortgage insurance for single family homebuyers, Act of 1996, and to establish the United States Box- after agreeing to committee amendments, and the ing Administration, with an amendment in the na- following amendment proposed thereto: ture of a substitute. (S. Rept. No. 107–323) Pages S10743–45 Page S10674 Reid (for Sarbanes) Amendment No. 4897, to pro- Measures Passed: vide for the indexing of multi-family mortgage lim- Great Lakes Legacy Act: Senate passed H.R. its for purposes of the Federal Housing Administra- 1070, to amend the Federal Water Pollution Control tion’s mortgage insurance programs. Page S10745 Act to authorize the Administrator of the Environ- Real Interstate Driver Equity Act: Senate passed mental Protection Agency to provide assistance for H.R. 2546, to amend title 49, United States Code, remediation of sediment contamination in areas of to prohibit States from requiring a license or fee on concern, to authorize assistance for research and de- account of the fact that a motor vehicle is providing velopment of innovative technologies for such reme- interstate pre-arranged ground transportation service, diation, and to amend the Federal Water Pollution after agreeing to committee amendments. Control Act and the Water Resources Development Pages S10745–46 Act of 2000 to modify provisions relating to the Expressing Sympathy With Respect to Terrorist Lake Champlain basin, after agreeing to a committee Attack in Bali, Indonesia: Senate agreed to S. Res. amendment in the nature of a substitute, and the 350, expressing sympathy for those murdered and following amendment proposed thereto: injured in the terrorist attack in Bali, Indonesia, on Pages S10739–42 October 12, 2002, extending condolences to their D1099

VerDate 0ct 09 2002 04:06 Oct 19, 2002 Jkt 019060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D17OC2.PT2 D17OC2 D1100 CONGRESSIONAL RECORD — DAILY DIGEST October 17, 2002 families, and standing in solidarity with Australia in Western Avenue, Los Angeles, California, as the the fight against terrorism. Pages S10746–47 ‘‘Nat King Cole Post Office’’, clearing the measure Frank Sinatra Post Office Building: Senate for the President. Page S10747 passed H.R. 3034, to redesignate the facility of the Barney Apodaca Post Office Building: Senate United States Postal Service located at 89 River passed H.R. 5308, to designate the facility of the Street in Hoboken, New Jersey, as the ‘‘Frank Si- United States Postal Service located at 301 South natra Post Office Building’’, clearing the measure for Howes Street in Fort Collins, Colorado, as the ‘‘Bar- the President. Page S10747 ney Apodaca Post Office’’, clearing the measure for Herbert Arlene Post Office Building: Senate the President. Page S10747 passed H.R. 3738, to designate the facility of the Joseph D. Early Post Office Building: Senate United States Postal Service located at 1299 North passed H.R. 5333, to designate the facility of the 7th Street in Philadelphia, Pennsylvania, as the United States Postal Service located at 4 East Central ‘‘Herbert Arlene Post Office Building’’, clearing the Street in Worcester, Massachusetts, as the ‘‘Joseph measure for the President. Page S10747 D. Early Post Office Building’’, clearing the measure Rev. Leon Sullivan Post Office Building: Senate for the President. Page S10747 passed H.R. 3739, to designate the facility of the Peter J. Ganci, Jr. Post Office Building: Senate United States Postal Service located at 6150 North passed H.R. 5336, to designate the facility of the Broad Street in Philadelphia, Pennsylvania, as the United States Postal Service located at 380 Main ‘‘Rev. Leon Sullivan Post Office Building’’, clearing Street in Farmingdale, New York, as the ‘‘Peter J. the measure for the President. Page S10747 Ganci, Jr. Post Office Building’’, clearing the meas- William A. Cibotti Post Office Building: Senate ure for the President. Page S10747 passed H.R. 3740, to designate the facility of the Robert Wayne Jenkins Station: Senate passed United States Postal Service located at 925 Dickin- H.R. 4851, to redesignate the facility of the United son Street in Philadelphia, Pennsylvania, as the States Postal Service located at 6910 South York- ‘‘William A. Cibotti Post Office Building’’, clearing town Avenue in Tulsa, Oklahoma, as the ‘‘Robert the measure for the President. Page S10747 Wayne Jenkins Station’’, clearing the measure for the Rollan D. Melton Post Office Building: Senate President. Page S10747 passed H.R. 4102, to designate the facility of the Francis Dayle ‘‘Chick’’ Hearn Post Office: Senate United States Postal Service located at 120 North passed H.R. 5340, to designate the facility of the Maine Street in Fallon, Nevada, as the ‘‘Rollan D. United States Postal Service located at 5805 White Melton Post Office Building’’, clearing the measure Oak Avenue in Encino, California, as the ‘‘Francis for the President. Page S10747 Dayle ‘Chick’ Hearn Post Office’’, clearing the meas- Jim Fonteno Post Office Building: Senate passed ure for the President. Page S10747 H.R. 4717, to designate the facility of the United Alphonse F. Auclair Post Office Building: Senate States Postal Service located at 1199 Pasadena Boule- passed H.R. 669, to designate the facility of the vard in Pasadena, Texas, as the ‘‘Jim Fonteno Post United States Postal Service located at 127 Social Office Building’’, clearing the measure for the Presi- Street in Woonsocket, Rhode Island, as the ‘‘Al- dent. Page S10747 phonse F. Auclair Post Office Building’’, clearing the Clarence Miller Post Office Building: Senate measure for the President. Page S10748 passed H.R. 4755, to designate the facility of the Bruce F. Cotta Post Office Building: Senate United States Postal Service located at 204 South passed H.R. 670, to designate the facility of the Broad Street in Lancaster, Ohio, as the ‘‘Clarence United States Postal Service located at 7 Commercial Miller Post Office Building’’, clearing the measure Street in Newport, Rhode Island, as the ‘‘Bruce F. for the President. Page S10747 Cotta Post Office Building’’, clearing the measure for Ronald C. Packard Post Office Building: Senate the President. Page S10748 passed H.R. 4794, to designate the facility of the Michael Lee Woodcock Post Office: Senate passed United States Postal Service located at 1895 Avenida H.R. 5574, to designate the facility of the United Del Oro in Oceanside, California, as the ‘‘Ronald C. States Postal Service located at 206 South Main Packard Post Office Building’’, clearing the measure Street in Glennville, Georgia, as the ‘‘Michael Lee for the President. Page S10747 Woodcock Post Office’’, clearing the measure for the Nat King Cole Post Office Building: Senate President. Page S10748 passed H.R. 4797, to redesignate the facility of the Smithsonian Institution Personnel Flexibility United States Postal Service located at 265 South Act: Senate passed S. 3149, to provide authority for

VerDate 0ct 09 2002 04:06 Oct 19, 2002 Jkt 019060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D17OC2.PT2 D17OC2 October 17, 2002 CONGRESSIONAL RECORD — DAILY DIGEST D1101 the Smithsonian Institution to use voluntary separa- Food, Drug, and Cosmetic Act with respect to the tion incentives for personal flexibility. development of products for rare disease, clearing the Pages S10748–49 measure for the President. Page S10769 Inspector General Act of 1978 Amendments: Clark County Conservation of Public Land and Senate passed S. 2530, to amend the Inspector Gen- Natural Resources Act: Senate passed H.R. 5200, to eral Act of 1978 (5 U.S.C. App.) to establish police establish wilderness areas, promote conservation, im- powers for certain Inspector General agents engaged prove public land, and provide for high quality de- in official duties and provide an oversight mecha- velopment in Clark County, Nevada, clearing the nism for the exercise of those powers, after agreeing measure for the President. Pages S10769–71 to the following amendment proposed thereto: Enterprise Integration Act: Senate passed H.R. Pages S10749–51 2733, to authorize the National Institute of Stand- Reid (for Thompson) Amendment No. 4893, to ards and Technology to work with major manufac- provide that the Attorney General may rescind or turing industries on an initiative of standards devel- suspend certain authority with respect to an indi- opment and implementation for electronic enterprise vidual. Page S10750 integration, clearing the measure for the President. Federal Annuity Computations: Senate passed S. Page S10771 2936, to amend chapter 84 of title 5, United States Higher Education Act of 1965: Committee on Code, to provide that certain Federal annuity com- Health, Education, Labor, and Pensions was dis- putations are adjusted by 1 percent relating to peri- charged from further consideration of S. 1998,to ods of receiving disability payments, after agreeing amend the Higher Education Act of 1965 with re- to a committee amendment in the nature of a sub- spect to the qualifications of foreign schools, and the stitute. Pages S10751–52 bill was then passed, after agreeing to the following Improper Payments Reduction Act: Senate passed amendment proposed thereto: Page S10771 H.R. 4878, to provide for estimates and reports of Reid (for Ensign) Amendment No. 4895, in the improper payments by Federal agencies, after agree- nature of a substitute. Page S10771 ing to a committee amendment in the nature of a Enrollment Correction: Senate agreed to H. Con. substitute. Page S10752 Res. 503, to direct the Clerk of the House of Rep- Medical Devices Regulation: Senate passed H.R. resentatives to correct the enrollment of the bill H.R. 2215. Page S10771 5651, to amend the Federal Food, Drug, and Cos- metic Act to make improvements in the regulation International Organizations Immunities Act: of medical devices, clearing the measure for the Senate passed H.R. 3656, to amend the International President. Pages S10752–54 Organizations Immunities Act to provide for the applicability of that Act to the European Central Bank, Health Benefits Coverage: Senate passed S. 2527, clearing the measure for the President. Page S10771 to provide for health benefits coverage under chapter 89 of title 5, United States Code, for individuals en- Private Relief: Committee on the Judiciary was rolled in a plan administered by the Overseas Private discharged from further consideration of S. 963, for Investment Corporation. Page S10767 the relief of Ana Esparza and Maria Munoz, and the bill was then passed. Page S10772 Lyme and Infectious Disease Information and Fairness in Treatment Act: Committee on Health, Private Relief: Committee on the Judiciary was Education, Labor, and Pensions was discharged from discharged from further consideration of S. 1366, for further consideration of S. 969, to establish a Tick- the relief of Lindita Idrizi Heath, and the bill was Borne Disorders Advisory Committee, and the bill then passed. Page S10772 was then passed, after agreeing to the following Private Relief: Committee on the Judiciary was amendment proposed thereto: Pages S10767–69 discharged from further consideration of S. 453, for Reid (for Dodd) Amendment No. 4894, in the the relief of Denes and Gyorgyi Fulop, and the bill nature of a substitute. Pages S10768–69 was then passed. Page S10772 Rare Diseases Act: Senate passed H.R. 4013, to Private Relief: Committee on the Judiciary was amend the Public Health Service Act to establish an discharged from further consideration of S. 1950, for Office of Rare Diseases at the National Institutes of the relief of Richi James Lesley, and the bill was Health, clearing the measure for the President. then passed. Pages S10772–73 Page S10769 Private Relief: Committee on the Judiciary was Rare Diseases Orphan Product Development discharged from further consideration of S. 1468, for Act: Senate passed H.R. 4014, to amend the Federal the relief of Ilko Vasilev Ivanov, Anelia Marinova

VerDate 0ct 09 2002 04:06 Oct 19, 2002 Jkt 019060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D17OC2.PT2 D17OC2 D1102 CONGRESSIONAL RECORD — DAILY DIGEST October 17, 2002 Peneva, Marina Ilkova Ivanova, and Julia Ilkova Bread Recognition: Committee on the Judiciary Ivanova, and the bill was then passed. Page S10771 was discharged from further consideration of S. Con. Private Relief: Committee on the Judiciary was Res. 148, recognizing the significance of bread in discharged from further consideration of S. 209, for American history, culture, and daily diet, and the the relief of Sung Jun Oh, and the bill was then resolution was then agreed to. Pages S10778–79 passed. Page S10773 Condemning Video Broadcasting of Daniel Private Relief: Committee on the Judiciary was Pearl’s Death: Senate agreed to S. Res. 351, con- discharged from further consideration of H.R. 2245, demning the posting on the Internet of video and for the relief of Anisha Goveas Foti, and the bill was pictures of the murder of Daniel Pearl and calling passed. Page S10773 on such video and pictures to be removed imme- National Child Protection Improvement Protec- diately. Page S10779 tion Act: Senate passed S. 1868, to amend the Na- Political Parties Committee: Senate passed H.R. tional Child Protection Act of 1993, after agreeing 5596, to amend section 527 of the Internal Revenue to a committee amendment in the nature of a sub- Code of 1986 to eliminate notification and return re- stitute, and the following amendment proposed quirements for State and local party committees and thereto: Pages S10773–77 candidate committees and avoid duplicate reporting Reid (for Biden) Amendment No. 4896 in the na- by certain State and local political committees of in- ture of a substitute. Page S10777 formation required to be reported and made publicly Accountability of Tax Dollars Act: Senate passed available under State law, clearing the measure for H.R. 4685, to amend title 31, United States Code, the President. Pages S10779–81 to expand the types of Federal agencies that are re- Senate Legal Counsel Representation: Senate quired to prepare audited financial statements, clear- agreed to S. Res. 352, to authorize representation by ing the measure for the President. Page S10777 the Senate Legal Counsel in the case of Judicial Fallen Firefighters Foundation: Committee on Watch, Inc. v. William J. Clinton, et. al. the Judiciary was discharged from further consider- Pages S10781–82 ation of S. Con. Res. 142, to express support for the Senate Legal Counsel Representation: Senate goals and ideas of a day of tribute to all firefighters who have died in the line of duty and recognizing agreed to S. Res. 353, to authorize testimony, docu- the important mission of the Fallen Firefighters ment production, and legal representation in United Foundation in assisting family members to overcome States v. John Murtari. Page S10782 the loss of their fallen heroes, and the resolution was Pledge of Allegiance Bill: Senate concurred in the then agreed to. Page S10777 amendment of the House to S. 2690, to reaffirm the Laotian and Hmong Veterans: Senate agreed to reference to one Nation under God in the Pledge of H. Con. Res. 406, honoring and commending the Allegiance, clearing the measure for the President. Lao Veterans of America, Laotian and Hmong vet- Pages S10628–29 erans of the Vietnam War, and their families, for Health Care Safety Net Amendments: Senate con- their historic contributions to the United States. curred in the amendment of the House to S. 1533, Page S10777 to amend the Public Health Service Act to reauthor- Put the Brakes on Fatalities Day: Committee on ize and strengthen the health centers program and the Judiciary was discharged from further consider- the National Health Service Corps, and to establish ation of S. Res. 266, designating October 10, 2002, the Healthy Communities Access Program, which as ‘‘Put the Brakes on Fatalities Day’’, and the reso- will help coordinate services for the uninsured and lution was then agreed to. Pages S10777–78 underinsured. Pages S10754–67 Children’s Internet Safety Month: Committee on Authority for Committees: All committees were the Judiciary was discharged from further consider- authorized to file executive and legislative reports ation of S. Res. 338, designating the month of Octo- during the adjournment of the Senate on Monday, ber, 2002, as ‘‘Children’s Internet Safety Month’’, November 4, 2002, from 10 a.m., to 2 p.m. and the resolution was then agreed to. Page S10778 Page S10743 Ellis Island Medal of Honor Recognition: Com- Authority To Make Appointments: A unanimous- mittee on the Judiciary was discharged from further consent agreement was reached providing that not- consideration of S. Res. 334, recognizing the Ellis Is- withstanding a recess or adjournment of the Senate land Medal of Honor, and the resolution was then for the duration of the 107th Congress, the President agreed to. Page S10778

VerDate 0ct 09 2002 04:06 Oct 19, 2002 Jkt 019060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D17OC2.PT2 D17OC2 October 17, 2002 CONGRESSIONAL RECORD — DAILY DIGEST D1103 of the Senate, the President of the Senate pro tem- Barry C. Barish, of California, to be a Member of pore, and the majority and minority leaders be au- the National Science Board, National Science Foun- thorized to make appointments to commissions, dation, for a term expiring May 10, 2008. committees, boards, conferences, or interparliamen- Ray M. Bowen, of Texas, to be a Member of the tary conferences authorized by law, by concurrent ac- National Science Board, National Science Founda- tion of the two Houses, or by order of the Senate. tion, for a term expiring May 10, 2008. Page S10743 Delores M. Etter, of Maryland, to be a Member Order for Pro Forma Sessions: A unanimous-con- of the National Science Board, National Science sent agreement was reached providing that the Sen- Foundation, for a term expiring May 10, 2008. ate meet in pro forma sessions on the following Kenneth M. Ford, of Florida, to be a Member of dates: October 21, 24, 28, 30, November 4, 7, and the National Science Board, National Science Foun- 8 at 10:30 a.m. each day, unless the Majority Leader, dation, for a term expiring May 10, 2008. or his designee, with the concurrence of the Repub- Daniel E. Hastings, of Massachusetts, to be a lican Leader, is seeking recognition. Further, that Member of the National Science Board, National following the adjournment on November 8, the Sen- Science Foundation, for a term expiring May 10, ate reconvene on Tuesday, November 12, at 1 p.m. 2008. for a period of morning business. Page S10782 Douglas D. Randall, of Missouri, to be a Member Executive Reports of Committees: Senate received of the National Science Board, National Science the following executive reports of a committee: Foundation, for a term expiring May 10, 2008. Report to accompany Treaty With Honduras For Jo Anne Vasquez, of Arizona, to be a Member of Return Of Stolen, Robbed, And Embezzled Vehicles the National Science Board, National Science Foun- And Aircraft, With Annexes And Exchange Of dation, for a term expiring May 10, 2008. Notes (Treaty Doc. 107–15) (Ex. Rept. 107–11) Routine lists in the Air Force, Coast Guard, Navy. Report to accompany Extradition Treaty With Pages S10782–84 Peru (Treaty Doc. 107–6) (Ex. Rept. 107–12) Nominations Withdrawn: Senate received notifica- Report to accompany Extradition Treaty With tion of withdrawal of the following nominations: Lithuania (Treaty Doc. 107–4) (Ex. Rept. 107–13) Peter Marzio, of Texas, to be a Member of the Report to accompany Second Protocol Amending National Museum Services Board for a term expiring Extradition Treaty With Canada (Treaty Doc. December 6, 2006, which was sent to the Senate on 107–11) (Ex. Rept. 107–14) September 4, 2002. Page S10785 Report to accompany Treaty On Mutual Legal As- Nominations Discharged and Referred: By unani- sistance In Criminal Matters With Belize (Treaty mous consent, the following nomination was dis- Doc. 107–13), India (Treaty Doc. 107–3), Ireland charged from the Committee on Health, Education, (Treaty Doc. 107–9) and Liechtenstein (Treaty Doc. Labor and Pensions and then referred to the Com- 107–16) (Ex. Rept. 107–15) Page S10674–76 mittee on Governmental Affairs for the statutory Nominations Confirmed: Senate confirmed the fol- time limitation: lowing nominations: John Portman Higgins, of Virginia, to be Inspec- Scott W. Muller, of Maryland, to be General tor General, Department of Education. Page S10638 Counsel of the Central Intelligence Agency. Nominations Discharged and Placed on Cal- Mark B. McClellan, of the District of Columbia, endar: By unanimous-consent, the following nomi- to be Commissioner of Food and Drugs, Department nations were discharged from the Committee on of Health and Human Services. Health, Education, Labor and Pensions and then 2 Air Force nominations in the rank of general. placed on the Executive Calendar: 5 Army nominations in the rank of general. Robert J. Battista, of Michigan, to be a Member 1 Marine Corps nomination in the rank of general. of the National Labor Relations Board; 2 Navy nominations in the rank of admiral. Wilma B. Liebman, of the District of Columbia, Routine lists in the Air Force, Army, Foreign to be a Member of the National Labor Relations Service, Navy. Pages S10638–40, S10784–85 Board; Nominations Received: Senate received the fol- Peter Schaumber, of the District of Columbia, to lowing nominations: be a Member of the National Labor Relations Board; Steven C. Beering, of Indiana, to be a Member of Joel Kahn, of Ohio, to be a Member of the Na- the National Science Board, National Science Foun- tional Council on Disability; dation, for the remainder of the term expiring May Patricia Pound, of Texas, to be a Member of the 10, 2004. National Council on Disability;

VerDate 0ct 09 2002 04:06 Oct 19, 2002 Jkt 019060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D17OC2.PT2 D17OC2 D1104 CONGRESSIONAL RECORD — DAILY DIGEST October 17, 2002

Linda Wetters, of Ohio, to be a Member of the water Scholarship and Excellence in Education Foun- National Council on Disability; dation; and David Gelernter, of Connecticut, to be a Member Carol C. Gambill, of Tennessee, to be a Member of the National Council on the Arts; of the National Institute for Literacy Advisory A. Wilson Greene, of Virginia, to be a Member Board. Page S10638 of the National Museum Services Board; Judith Ann Rapanos, of Michigan, to be a Mem- Messages From the House: Pages S10673–74 ber of the National Museum Services Board for a Enrolled Bills Presented: Page S10664 term expiring December 6, 2002; Executive Communications: Page S10674 Judith Ann Rapanos, of Michigan, to be a Mem- ber of the National Museum Services Board for a Petitions and Memorials: Page S10674 term expiring December 6, 2007; Executive Reports of Committees: Pages S10674–76 Maria Mercedes Guillemard, of Puerto Rico, to be a Member of the National Museum Services Board; Additional Cosponsors: Pages S10677–78 Nancy S. Dwight, of New Hampshire, to be a Statements on Introduced Bills/Resolutions: Member of the National Museum Services Board; Pages S10678–S10734 Peter Hero, of California, to be a Member of the Additional Statements: Pages S10667–73 National Museum Services Board; Beth Walkup, of Arizona, to be a Member of the Amendments Submitted: Pages S10734–39 National Museum Services Board; Authority for Committees to Meet: Page S10739 Thomas E. Lorentzen, of California, to be a Mem- Adjournment: Senate met at 11 a.m., and ad- ber of the National Museum Services Board; Juan R. Olivarez, of Michigan, to be a Member journed at 10:25 p.m., until 10:30 a.m., on Monday, of the National Institute for Literacy Advisory October 21, 2002 in pro forma session. (For Senate’s Board; program, see the remarks of the Acting Majority James M. Stephens, of Virginia, to be a Member Leader in today’s Record on page S10782). of the Occupational Safety and Health Review Com- mission; Peggy Goldwater-Clay, of California, to be a Committee Meetings Member of the Board of Trustees of the Barry Gold- No committee meetings were held. h House of Representatives Quorum Calls—Votes: There were no quorum calls Chamber Action or recorded voted during the proceedings of the Measures Introduced: 2 public bills, H.R. House today. 5694–5695; and 1 resolution, H. Con. Res. 513, Adjournment: The House met at 10 a.m. and ad- were introduced. Page H8028 journed at 10:23 a.m. Reports Filed: No reports were filed today. Speaker Pro Tempore: Read a letter from the Speaker wherein he appointed Representative Wolf Committee Meetings or Representative Gilchrest to sign enrolled bills and ECN’S AND MARKET STRUCTURE joint resolutions through Nov. 13, 2002. Page H8025 Committee on Energy and Commerce: Subcommittee on Meeting Hour—Monday, Oct. 21: Agreed that Commerce, Trade and Consumer Protection held a when the House adjourns today, it adjourn to meet hearing titled ‘‘ECNs and Market Structure: Ensur- at 11 a.m. on Monday, Oct. 21. Page H8025 ing Best Prices for Consumers.’’ Testimony was Senate Messages: Message received from the Senate heard from public witnesses. today appears on page H8025. Referrals: S. 1233 was held at the desk and S. 2667 SECURING AMERICA was referred to the Committee on International Rela- Committee on Energy and Commerce: Subcommittee on tions. Page H8028 Oversight and Investigations held a hearing titled

VerDate 0ct 09 2002 04:06 Oct 19, 2002 Jkt 019060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D17OC2.PT2 D17OC2 October 17, 2002 CONGRESSIONAL RECORD — DAILY DIGEST D1105 ‘‘Securing America: The Federal Government’s Re- make members of the armed forces who receive spe- sponse to Nuclear Terrorism at Our Nation’s Ports cial pay for duty subject to hostile fire or imminent and Borders.’’ Testimony was heard from the fol- danger eligible for membership in the organization. lowing officials of the Department of the Treasury: Signed on October 16, 2002. (Public Law 107–242) Robert C. Bonner, Commissioner, U.S. Customs H.J. Res. 114, to authorize the use of United Service; and Jeffrey Rush, Jr., Inspector General; States Armed Forces against Iraq. Signed on October Ambassador Linton Brooks, Acting Administrator, 16, 2002. (Public Law 107–243) National Nuclear Security Administration, Depart- f ment of Energy; Stephen M. Younger, Director, De- fense Threat Reduction Agency, Department of De- COMMITTEE MEETINGS FOR FRIDAY, fense; and Laurie E. Ekstrand, Director, Tax Admin- OCTOBER 18, 2002 istration and Justice Issues, GAO. (Committee meetings are open unless otherwise indicated) Joint Meetings Senate 9/11 INQUIRY No meetings/hearings scheduled. Joint Hearing: Senate Select Committee on Intel- House ligence continued joint hearings with the House Per- No Committee meetings are scheduled. manent Select Committee on Intelligence to examine activities of the United States Intelligence Commu- f nity in connection with the September 11, 2001 ter- CONGRESSIONAL PROGRAM AHEAD rorist attacks on the United States, receiving testimony from Eleanor Hill, Staff Director, Joint In- Week of October 21 through October 26, 2002 quiry Staff; George J. Tenet, Director, Central Intel- Senate Chamber ligence Agency; Lieutenant General Michael V. Hay- On Monday and Thursday, Senate will meet in pro den, USAF, Director, National Security Agency/ forma session. Chief, Central Security Service; Rear Admiral Lowell On Tuesday, Wednesday, and Friday, Senate will E. Jacoby, USN, Acting Director, Defense Intel- ligence Agency; and Robert S. Mueller III, Federal not be in session. Bureau of Investigation, Department of Justice. Senate Committees Hearings recessed subject to the call. (Committee meetings are open unless otherwise indicated) f Committee on Health, Education, Labor, and Pensions: Oc- NEW PUBLIC LAWS tober 24, to hold hearings to examine uninsured pregnant women, focusing on the impact on infant and maternal (For last listing of Public Laws, see DAILY DIGEST, October 15, mortality, 10 a.m., SD–430. 2002, p. D1089) H.R. 3214, to amend the charter of the AMVETS House Chamber organization. Signed on October 16, 2002. (Public To be announced. Law 107–241) H.R. 3838, to amend the charter of the Veterans House Committees of Foreign Wars of the United States organization to No Committee meetings are scheduled.

VerDate 0ct 09 2002 04:06 Oct 19, 2002 Jkt 019060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D17OC2.PT2 D17OC2 D1106 CONGRESSIONAL RECORD — DAILY DIGEST October 17, 2002

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10:30 a.m., Monday, October 21 11 a.m., Monday, October 21

Senate Chamber House Chamber Program for Monday: Senate will meet in pro forma Program for Monday: Pro forma session. session.

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