[Congressional Record (Bound Edition), Volume 148 (2002), Part 3]
[Issue]
[Pages 3747-3917]
[From the U.S. Government Publishing Office, www.gpo.gov]



[[Page 3747]]




                    SENATE--Thursday, March 21, 2002

  The Senate met at 9:45 a.m. and was called to order by the Honorable 
Zell Miller, a Senator from the State of Georgia.
  The PRESIDING OFFICER. The prayer today will be offered by our guest 
Chaplain, Dr. Calvin McKinney, Pastor of the Calvary Baptist Church in 
Garfield, NJ.
                                 ______
                                 

                                 prayer

  The guest Chaplain offered the following prayer:
  Gracious Father, beneficent Lord of all mankind, Thou who hast 
blessed our Nation with blessings beyond measure, with gratitude we 
pause in this hallowed place simply to say thank You. Thank You for 
Your presence with us always. Thank You for the joy Your presence 
brings. Thank You even for the challenge and the responsibility which 
is ours by virtue of said blessed presence. Your presence with us 
demands a witness and an example of a demonstration of righteousness, 
love, peace, and justice; so our prayer is that You will also bless us 
to be true to Your cause in all the world.
  Dear Father, bless the women and men of this august body, which 
represents a people so blessed by Thee, to always seek Thy way and Thy 
will as is made clear by Thy word. Bless them in their deliberations to 
purpose always that such seeks Thy face. For, in so doing, ``Thy will, 
will be done in the earth as it is in the heavens.''
  Lord, grant now our Senators the wisdom, courage, and tenacity to 
follow after Thee as they conduct the people's business. Bless them 
always with humility and a servant spirit. Bless them as they work with 
our President and the House of Representatives, for whom we seek Thy 
blessings as well, in the name of Thy beloved Son. Amen.

                          ____________________




                          PLEDGE OF ALLEGIANCE

  The Honorable Zell Miller led the Pledge of Allegiance, as follows:

       I pledge allegiance to the Flag of the United States of 
     America, and to the Republic for which it stands, one nation 
     under God, indivisible, with liberty and justice for all.

                          ____________________




              APPOINTMENT OF ACTING PRESIDENT PRO TEMPORE

  The PRESIDING OFFICER. The clerk will please read a communication to 
the Senate from the President pro tempore (Mr. Byrd).
  The legislative clerk read the following letter:

                                                      U.S. Senate,


                                        President pro tempore,

                                   Washington, DC, March 21, 2002.
     To the Senate:
       Under the provisions of rule I, paragraph 3, of the 
     Standing Rules of the Senate, I hereby appoint the Honorable 
     Zell Miller, a Senator from the State of Georgia, to perform 
     the duties of the Chair.
                                                   Robert C. Byrd,
                                            President pro tempore.

  Mr. MILLER thereupon assumed the chair as Acting President pro 
tempore.

                          ____________________




               RECOGNITION OF THE ACTING MAJORITY LEADER

  The ACTING PRESIDENT pro tempore. The acting majority leader is 
recognized.

                          ____________________




               MEASURE PLACED ON THE CALENDAR--H.R. 2804

  Mr. REID. Mr. President, I understand that H.R. 2804 is at the desk 
and is due for its second reading.
  The ACTING PRESIDENT pro tempore. The Senator is correct.
  Mr. REID. Mr. President, I ask that H.R. 2804 be read for a second 
time and I object to any further proceedings at this time.
  The ACTING PRESIDENT pro tempore. The clerk will read the title of 
the bill for a second time.
  The assistant legislative clerk read as follows:

       A bill (H.R. 2804) to designate the United States 
     Courthouse located at 95 Seventh Street in San Francisco, 
     California, as the James R. Browning United States 
     Courthouse.

  The ACTING PRESIDENT pro tempore. Objection having been heard, the 
bill will be placed on the calendar.

                          ____________________




                                SCHEDULE

  Mr. REID. Mr. President, today the Senate will resume consideration 
of the Energy Reform Act. The Kyl amendment is pending. There will be 4 
minutes of closing debate prior to the vote in relation to this 
amendment.
  The majority leader asked me to notify all Members that we are 
attempting to work out an arrangement on the Lott amendment which has 
also been offered on this legislation.
  We also have been working with the minority to come up with a finite 
list of amendments. I spoke with Senator Murkowski last evening. He 
believes we can come up with a finite list of amendments, as does 
Senator Bingaman. If we do that, then we are going to continue to work 
on this bill and do everything we can to complete it the week we get 
back. If we don't get a finite list of amendments today, I believe the 
majority leader will not go to the energy bill when we get back after 
the recess.

                          ____________________




                       RESERVATION OF LEADER TIME

  The ACTING PRESIDENT pro tempore. Under the previous order, 
leadership time is reserved.

                          ____________________




       NATIONAL LABORATORIES PARTNERSHIP IMPROVEMENT ACT OF 2001

  The ACTING PRESIDENT pro tempore. Under the previous order, the 
Senate will now resume consideration of S. 517, which the clerk will 
report.
  The bill clerk read as follows:

       A bill (S. 517) to authorize funding the Department of 
     Energy to enhance its mission areas through technology 
     transfer and partnerships for fiscal years 2002 through 2006, 
     and for other purposes.

  Pending:

       Daschle/Bingaman further modified amendment No. 2917, in 
     the nature of a substitute.
       Feinstein modified amendment No. 2989 (to amendment No. 
     2917), to provide regulatory oversight over energy trading 
     markets and metals trading markets.
       Kerry/McCain amendment No. 2999 (to amendment No. 2917), to 
     provide for increased average fuel economy standards for 
     passenger automobiles and light trucks.
       Dayton/Grassley amendment No. 3008 (to amendment No. 2917), 
     to require that Federal agencies use ethanol-blended gasoline 
     and biodiesel-blended diesel fuel in areas in which ethanol-
     blended gasoline and biodiesel-blended diesel fuel are 
     available.
       Bingaman amendment No. 3016 (to amendment No. 2917), to 
     clarify the provisions relating to the Renewable Portfolio 
     Standard.
       Lott amendment No. 3028 (to amendment No. 2917), to provide 
     for the fair treatment of Presidential judicial nominees.
       Lott amendment No. 3033 (to amendment No. 2989), to provide 
     for the fair treatment of Presidential judicial nominees.
       Lincoln modified amendment No. 3023 (to amendment No. 
     2917), to expand the eligibility to receive biodiesel credits 
     and to require the Secretary of Energy to conduct a study on 
     alternative fueled vehicles and alternative fuels.
       Kyl amendment No. 3038 (to amendment No. 3016), to provide 
     for appropriate State regulatory authority with respect to 
     renewable sources of electricity.


                           Amendment No. 3038

  The ACTING PRESIDENT pro tempore. Under the previous order, there 
will now be 4 minutes of debate to be equally divided in the usual form 
on the Kyl amendment No. 3038.
  The Senator from New Mexico.
  Mr. BINGAMAN. Mr. President, I will go ahead and use the 2 minutes in 
opposition to the Kyl amendment, and

[[Page 3748]]

then the sponsor, Senator Kyl, will use the final 2 minutes.
  The main reason to oppose this amendment is that it totally 
eliminates, if adopted, any kind of provision in this bill that would 
move us toward more use of renewable fuels in the future.
  We need to diversify our supply of energy in this country. We need to 
be less dependent on some certain specific sources and more dependent 
on new technology. That is possible. It is happening. It is not 
happening as quickly as it should.
  Ninety-five percent of today's new power generation that is under 
construction is gas fired. That is fine as long as the price of gas 
stays low. But if the price of gas goes back up to what it was 18 
months ago, then we are going to see a serious repercussion in the 
utility bills of all consumers.
  This underlying amendment, which the Kyl amendment would eliminate, 
tries to, in a very modest way, move us toward more use of renewables. 
It provides that we have 1 percent in the year 2005. Various utilities 
around this country would be required to produce 1 percent of the 
electricity they generate from renewable sources. That is not an 
excessive demand. It goes up in very small amounts each year 
thereafter.
  I believe strongly that the renewable portfolio standard we have in 
the bill is a good provision. The suggestions Senator Kyl and others 
have made that this is going to drastically increase everyone's 
electricity bills is not borne out by the analyses that have been made. 
The Energy Information Administration has analyzed this. At the request 
of Senator Murkowski, they have concluded that this does not raise 
energy prices.
  The ACTING PRESIDENT pro tempore. The Senator from Arizona is 
recognized.
  Mr. KYL. Mr. President, let me give you the 10 reasons we should 
support the Kyl amendment.
  No. 1, the Bingaman amendment is the command-economy amendment, a 10-
percent mandate, and the Kyl amendment is for State choice.
  No. 2, the Bingaman amendment is very costly, at $88 billion over 15 
years and then $12 billion each year after that--paid for by the 
electricity consumers.
  If you would like to know how much your electricity consumers are 
going to be paying under the Bingaman amendment, I have all the 
information right here. You had better consult this before you vote 
against the Kyl amendment.
  No. 3, the Bingaman amendment is discriminatory. The Bingaman 
amendment provides that some areas subsidize people in other parts of 
country.
  No. 4, hydro is not included. Yet, of all the renewables, hydro is 
about 7 percent of the electricity production. The other renewables are 
only about 2 percent.
  No. 5, it will benefit just a few companies. According to the Energy 
Information Administration, wind is the only economical way to produce 
this power, and it is concentrated in just a few areas.
  Do you know who these few special interests are? You should find out 
before you vote against the Kyl amendment.
  No. 6, renewables are not reliable. If the Sun doesn't shine, if the 
wind does not blow, and if water doesn't flow, you don't get energy. 
But you do out of coal, gas, and nuclear.
  No. 7, we are already subsidizing the renewable fuels to the tune of 
$1 billion a year.
  There is a big difference between encouraging, which we are doing, 
and compelling.
  No. 8, the administration supports the Kyl amendment and opposes the 
Bingaman amendment.
  No. 9, biomass from Federal land does not count.
  No. 10, there is no principal reason to discriminate against public 
and private power; yet private power is included in the Bingaman 
amendment and public power is excluded.
  I will throw in a bonus reason.
  The No. 11 reason to vote for the Kyl amendment and against Bingaman 
is this is the opposite of deregulation, which was supposed to be the 
whole point of the electricity section of the pending legislation. The 
10-percent mandate is regulation and not deregulation.
  I urge you to support the Kyl amendment.


                RENEWABLE PORTFOLIO STANDARD APPLICATION

  Mr. LEVIN. Mr. President, I commend the Chairman for his fairness and 
diligence in setting a goal for energy suppliers to meet a renewable 
portfolio standard that ensures power supply from a diverse mix of 
fuels and technologies. I thank the Chairman and his staff for working 
with my staff to answer questions concerning how the renewable 
portfolio standard would work. We understand the definition for 
qualifying facilities covers existing hydro facilities including pumped 
storage. This is important to the State of Michigan and we appreciate 
the clarification.
  Ms. STABENOW. Mr. President, I echo the statements of the senior 
Senator from Michigan, and thank the Chairman for his work on 
developing a strong renewable portfolio standard. My question is 
whether renewable power could be measured by plant generating capacity 
or throughout to the customer.
  Mr. BINGAMAN. That is correct. Pumped hydro is included as an 
existing renewable. With regard to how renewable power is measured, we 
intend the Secretary of Energy or the Federal Energy Regulatory 
Commission would set a normalized level for all hydro facilities, 
taking into consideration capacity and generation at normal or 
historical average water flows. For other renewable technologies, the 
volume is calculated based on actual generation. There has been some 
misunderstanding about the Texas plan, on which my amendment if 
modeled. The Texas statute set an overall increase in capacity, but in 
the implementation the requirement was converted to a generation 
measure. A generation metric is critical to ensure efficient operation 
of these facilities.
  Mr. LEVIN. I thank my friend from New Mexico, the Chairman of the 
Energy Committee.
  Ms. STABENOW. I thank my friend from New Mexico.
  The ACTING PRESIDENT pro tempore. All time has expired.
  Mr. KYL. Mr. President, I ask unanimous consent that two letters be 
printed in the Record.
  There being no objection, the letters were ordered to be printed in 
the Record, as follows:

                 Coalition for Affordable and Reliable Energy,

                                                   March 19, 2002.
     Senator Jon Kyl,
     Hart Senate Office Building,
     U.S. Senate, Washington, DC.
       Dear Senator Kyl: The Coalition for Affordable and Reliable 
     Energy (CARE) endorses your amendment to the Renewable 
     Portfolio Standard (RPS) provisions of the Energy Policy Act 
     (S. 517). While CARE strongly supports the increased use of 
     all domestic energy resources, including renewable forms of 
     energy, we are opposed to prescribed national mandates and 
     timetables for the use of specific energy resources.
       CARE is concerned that mandating the use of particular 
     sources of energy will substantially increase the cost of 
     electricity and may be difficult to achieve. Your RPS 
     amendment will, instead, permit states to appropriately 
     consider their individual electricity needs and their ability 
     to meet those needs in affordable and reliable ways. Under 
     your amendment, states will also be free to significantly 
     enhance the use of renewables to generate electricity without 
     the burden of Federal mandates and timetables.
       Senator Kyl, on behalf of CARE's broad and diverse 
     membership, I commend you for offering this amendment to the 
     Renewable Portfolio Standard provisions of S. 517 and urge 
     its adoption.
           Sincerely,
                                                      Paul Oakley,
     Executive Director.
                                  ____



                                 Electric Consumers' Alliance,

                                 Indianapolis, IN, March 14, 2002.
     Hon. Jon Kyl,
     U.S. Senate,
     Hart Bldg., Washington, DC.

       Dear Senator Kyl: As the Senate debates energy legislation, 
     Electric Consumers' Alliance commends your attention to these 
     critical policy issues.
       As your consideration moves to the finer points of 
     legislation, we strongly urge you to take a thoughtful 
     approach to the issue of Renewable Portfolio Standards--the 
     amount of electric power that must come from certain 
     renewable sources.

[[Page 3749]]

       While our group favors a progressive approach to setting 
     goals for the production of green power, we strongly oppose 
     provisions that would set a hard percentage goal that must be 
     attained in any given year. We commend the amendment proposed 
     by Sen. Kyl as a balanced approach to this issue.
       From our perspective as the spokesgroup for tens of 
     millions of residential small business ratepayers, artificial 
     targets are unwise for two reasons. First, they hardwire in 
     goals that may prove to be unreasonable (or too lenient) in 
     future years. This may have the effect of indirectly raising 
     consumer prices or sending distorted signals to the market. 
     In other words, good intentions could (and likely will at 
     some point) go astray.
       Second, a set percentage goal deprives states of the 
     ability to address these issues and craft a resolution on the 
     basis of local conditions. For instance, economically 
     efficient renewable energy may be much more achievable in 
     rural and sunbelt states that have the potential to develop 
     solar and wind energy.
       In conclusion, as you consider the issue of renewable 
     portfolio standards, we urge your support of the flexible 
     approach found in the Kyl amendment.
           Sincerely,
                                                Robert K. Johnson,
                                               Executive Director.

  Mr. KYL. Mr. President, have the yeas and nays been ordered on this 
amendment?
  The ACTING PRESIDENT pro tempore. The yeas and nays have not been 
ordered.
  Mr. KYL. Mr. President, I ask for the yeas and nays.
  The ACTING PRESIDENT pro tempore. Is there a sufficient second?
  There is a sufficient second.
  The question is on agreeing to the amendment, and the clerk will call 
the roll.
  The legislative clerk called the roll.
  Mr. NICKLES. I announce that the Senator from Alabama (Mr. Shelby) is 
necessarily absent.
  I further announce that the Senator from Virginia (Mr. Warner) is 
absent on official business.
  I further announce that if present and voting the Senator from 
Virginia (Mr. Warner) would vote ``yea.''
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 40, nays 58, as follows:

                      [Rollcall Vote No. 55 Leg.]

                                YEAS--40

     Allard
     Allen
     Bennett
     Bond
     Bunning
     Burns
     Byrd
     Campbell
     Cleland
     Cochran
     Craig
     Crapo
     DeWine
     Domenici
     Enzi
     Frist
     Gramm
     Hagel
     Hatch
     Helms
     Hutchinson
     Hutchison
     Inhofe
     Kyl
     Lott
     Lugar
     McCain
     McConnell
     Miller
     Murkowski
     Nickles
     Roberts
     Santorum
     Sessions
     Smith (NH)
     Stevens
     Thomas
     Thompson
     Thurmond
     Voinovich

                                NAYS--58

     Akaka
     Baucus
     Bayh
     Biden
     Bingaman
     Boxer
     Breaux
     Brownback
     Cantwell
     Carnahan
     Carper
     Chafee
     Clinton
     Collins
     Conrad
     Corzine
     Daschle
     Dayton
     Dodd
     Dorgan
     Durbin
     Edwards
     Ensign
     Feingold
     Feinstein
     Fitzgerald
     Graham
     Grassley
     Gregg
     Harkin
     Hollings
     Inouye
     Jeffords
     Johnson
     Kennedy
     Kerry
     Kohl
     Landrieu
     Leahy
     Levin
     Lieberman
     Lincoln
     Mikulski
     Murray
     Nelson (FL)
     Nelson (NE)
     Reed
     Reid
     Rockefeller
     Sarbanes
     Schumer
     Smith (OR)
     Snowe
     Specter
     Stabenow
     Torricelli
     Wellstone
     Wyden

                             NOT VOTING--2

     Shelby
     Warner
       
  The amendment (No. 3038) was rejected.
  Mr. REID. I move to reconsider the vote.
  Mr. BINGAMAN. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  The PRESIDING OFFICER. The Senator from Nevada.
  Mr. REID. Madam President, I ask unanimous consent that at 12 noon 
today, Senator Lott's amendment No. 3033 be considered a first-degree 
amendment, and that it be laid aside for the amendment which is at the 
desk.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. REID. I further ask unanimous consent that there be 3 hours for 
debate on both amendments, beginning at noon today, equally divided 
between the chairman and ranking member of the Judiciary Committee, or 
their designees; that at the conclusion of that time, the Senate vote 
on Senator Leahy's amendment, and following disposition of that 
amendment, the Senate vote on Senator Lott's amendment, with no 
intervening action or debate in order prior to the disposition of these 
two amendments.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. REID. Madam President, the time from now until noon will be used 
as follows: Senator Roberts has a statement that will take less than 10 
minutes; is that right?
  Mr. ROBERTS. I imagine, I tell my distinguished colleague, about 12 
or 15 minutes.
  Mr. REID. Senator Miller wishes to speak for 10 minutes. We also have 
a speech that Senator Byrd indicated several days ago he wanted to give 
which will take more time, approximately 22 minutes.
  I say to my friend, the distinguished President pro tempore, who is 
in the Chamber now, I know the Senator has been involved in other 
matters this morning. Is it possible for the Senator to speak at a 
subsequent time or does the Senator wish to speak now?
  Mr. BYRD. Madam President, my problem is as follows: The chairman of 
the Budget Committee, Mr. Conrad, has told the members of the Budget 
Committee that we have a long way to go, with many amendments to vote 
on and to discuss. He intends to finish work on the budget today. That 
means I have a very limited opportunity to speak. I have two speeches, 
as a matter of fact, one very short, quite short, and the other one 
perhaps 25 minutes.
  Mr. REID. I am wondering, if I can interrupt and I apologize, will 
the other Senators allow Senator Byrd to speak--there is no permission 
needed, I assume.
  Mr. ROBERTS. If the distinguished Senator will yield, I have spoken 
with Senator Byrd, and I will always yield to his request, but I 
thought we had an understanding that I could precede him for 10 
minutes. It will not take too long.
  I thought we had an understanding. I know with this new schedule 
perhaps that is not the case. I leave that up to his judgment.
  Mr. BYRD. The distinguished Senator did speak with me at the close of 
the vote, and I told the Senator I would be very happy and willing for 
him to precede me. I thought while I went down on the next floor to my 
office to get my speech that the distinguished Senator would be 
proceeding and hopefully finished by the time I got back to the 
Chamber.
  Mr. REID. I say to my friend from West Virginia, what the Senator 
said is valid. We closed the vote after 33 minutes which, of course, if 
we closed the vote earlier when we should have, this would have been 
completed.
  Mr. BYRD. I did tell the Senator he could speak, he could go ahead of 
me.
  Mr. REID. Can Senator Miller wait until Senator Byrd finishes his 
remarks?
  Mr. MILLER. Madam President, certainly I will wait.
  Mr. BYRD. Madam President, I thank the distinguished Senator.
  Mr. REID. Madam President, I ask unanimous consent that the Senator 
from Kansas be recognized for 12 minutes, Senator Byrd be recognized 
thereafter, and the Senator from Georgia be recognized after Senator 
Byrd.
  The PRESIDING OFFICER. Without objection, it is so ordered. The 
Senator from Kansas.
  Mr. ROBERTS. Madam President, I thank Senator Byrd, the institutional 
protector and flame of the Senate, for allowing me to precede him.
  (The remarks of Mr. Roberts pertaining to the introduction of S. 2040 
are printed in today's Record under ``Statements on Introduced Bills 
and Joint Resolutions.'')
  The PRESIDING OFFICER. The Senator from West Virginia.
  Mr. BYRD. Madam President, I begin my remarks today by quoting from 
George Bernard Shaw's ``Man and Superman,'' ``If history repeats 
itself, and

[[Page 3750]]

the unexpected always happens, how incapable Man must be of learning 
from experience!''
  I have been concerned about the issue of energy security for many 
years now. It was in 1992 that the Congress last passed major energy 
legislation. Now, for the first time in a decade, events have converged 
to make possible substantive progress on a national energy policy. But 
the question remains as to whether or not real progress will be made.
  The energy crisis of the 1970s should have been a wake-up call. I 
argued then and throughout the 1980s and 1990s that it was time to get 
moving to address our long-term energy problems. Each episode of short 
supply and higher prices spurred renewed talk about our Nation's lack 
of an energy policy. But, each time, supplies stabilized, prices 
dropped, and nothing materialized from all that talk. Will we again let 
that opportunity slip away?
  We have heard much in the previous weeks about electricity, oil and 
gas supplies, energy efficiency, energy tax incentives, and fuel 
economy standards. This is typically how we talk about energy. Yet, 
energy is about much more than that. Energy is about how we live our 
lives--today and into the future. It is about how we travel to work, 
how we brew our morning coffee, how the lights come on in this Chamber 
and permit us to read. It is about the coal-fired electricity that 
lights this whole Capitol, but it is also about what we can accomplish 
on the Senate Floor because we have this gift of light. God, in 
creating the world, said: Let there be light. Too often, though, we 
take for granted the benefits these lights bring.
  Now when we consider energy security, we must think about fuel 
diversity. We need a diversity of energy resources to make our nation 
work. Actually, it is much like the Members of the Senate. It takes a 
variety of Senators, with all of their views and contributions coming 
from all the sections of the country, from the north, south, east, 
west, to make this body work. I, myself, am from coal country, C-O-A-L. 
One may laugh at that suggestion, but it is true. I am coal, C-O-A-L. I 
have been around the Congress for 50 years, which is a very long time 
when man's lifetime is considered. I was pulled from the hard scrabble 
mountains of West Virginia to serve this country. In the end, I hope 
that if I am pressed enough, testing my spirit and worth, the good Lord 
might realize that this ole piece of coal and carbon might actually be 
a diamond in the rough. Each Member of this body represents his or her 
own constituents' particular interests and energy needs. We come at 
this from different viewpoints, but, working together, we can mold a 
strong, comprehensive energy package that will provide long-term energy 
security.
  The events of the last year demonstrate that true national security, 
economic growth, job protection, and environmental improvements over 
the long term depend upon a balanced energy plan. The United States 
must have a comprehensive energy policy that promotes energy 
conservation and efficiency and the greater use of domestic energy 
resources, while it ensures the development and deployment of advanced 
energy technologies and also improves our energy infrastructure. That 
is a pretty tall order. But all of those components are necessary if we 
are to reduce our Nation's dependence on foreign energy resources.
  As energy debates have ebbed and flowed over the years, so have the 
public's and media's concerns. These cycles in energy markets--these 
momentary feasts and sporadic famines-- have occurred and will continue 
to occur in the future. Too often, though, these crises have provoked 
controversial, knee-jerk solutions that do little to solve what is 
fundamentally a long-term problem.
  For example, in response to the spike in gasoline prices not so many 
months ago, then-Energy Secretary Bill Richardson jetted off hat-in-
hand to the Middle East pleading with Arab nations to increase crude 
oil production, which would supposedly lower gas prices at home. I also 
recall several ``snake-oil, miracle cures'' being debated on the Senate 
Floor, such as a federal gas tax ``holiday'' intended to temporarily 
reduce prices at the pump--a measure that a sensible majority in the 
Senate voted against.
  Such short-term energy crises are brought on by many different 
catalysts, but they are all based on the same fundamental problem. What 
we see in the fluctuation of energy prices is a textbook study of how 
supply and demand can affect the energy markets. Unfortunately, our 
typical response to an energy crisis is to find a quick-fix solution--
one that is designed to cut off the immediate spike, but does nothing 
to affect the underlying problems.
  A number of challenges lie ahead. Our dependence on foreign oil 
increases every day. Because our domestic production peaked in the 
early 1970s and our consumption has not diminished since the early 
1980s, we grow ever more dependent. This gap is due, in large part, to 
our dependence on oil for our rapidly expanding transportation sector.
  On a positive note, the U.S. is less dependent on foreign oil than 
many other industrialized nations. However, it is also true that we are 
reliant on foreign producers for more than 50 percent of our oil supply 
today compared to less than 40 percent in the mid-1970s. Fortunately, 
we rely on a more diverse choice of foreign nations, and we are less 
dependent on Middle Eastern nations, for that growing share of our 
petroleum imports than twenty-five years ago.
  A central question that we have to ask is what primary goal we are 
striving to achieve through this legislation. How do we balance our 
growing demand for new energy resources while increasing our need to do 
so in cleaner, more efficient ways? Will increased domestic oil 
production reduce our dependence on foreign oil? And, if that is the 
case, when and how should that occur? Looking to the future, I hope 
that our mounting dependence on foreign oil would serve as a wake-up 
call for other energy resources. Unless we can find a way to increase 
our natural gas supplies over the long term, we will also be 
increasingly dependent on foreign producers for our growing natural gas 
demands.
  Further, we must understand that there are actually two major energy 
systems functioning in the U.S. with comparatively little influence on 
each other. Our transportation system is run almost entirely on oil-
based resources. The second system provides power to warm our homes, 
light our businesses, light our Senate Chamber, run our computers, and 
cook our meals. It is supplied largely by domestic industries and 
resources that are in the midst of an historic and difficult 
transition. The limited overlap between these two energy systems can be 
simply illustrated. The electric power industry gets 2 percent of its 
energy from oil--the rest comes from coal, nuclear, natural gas, 
hydroelectric, as well as other renewable sources. Conversely, 97 
percent of the energy use in our transportation sector comes from what? 
Oil. We must intelligently address the needs of these two energy 
systems simultaneously in order to provide a comprehensive solution to 
our energy needs.
  Furthermore, if we are to craft a workable energy policy, we must 
recognize the degree to which it will rely on state and local 
decisions. Many energy experts agree that the country will need more 
power plants, more refineries, new refineries, and additional 
pipelines, but local citizens' groups often do not want these 
potentially unsightly, but crucial, facilities in their communities. 
Therefore, a national energy policy must enable government at all 
levels to work with citizens' groups and private sector interests to 
better coordinate a cohesive roadmap for the production, 
transportation, and use of energy. By working to fill energy gaps and 
avoiding jurisdictional conflicts, while improving a diversity of 
energy resources, authorities at all levels can promote regulatory 
certainty, stabilize long-term investments, and promote environmental 
protection all at the same time.
  Over the years, our awareness has grown about the complexity of 
constructing a balanced energy policy that

[[Page 3751]]

will not undermine other competing and equally legitimate policy goals. 
How do we reduce gasoline consumption, when raising its price to 
achieve a meaningful reduction in demand could be seen as economically 
disruptive and politically suicidal? How do we encourage the use of 
alternative fuels and technologies that heighten our energy efficiency, 
when OPEC nations can simply adjust oil prices to keep conventional 
sources cheaper than their alternative substitutes? How can we boost 
domestic energy supplies while protecting the environment?
  Furthermore, with the severe budget restrictions we now face, we must 
examine questions about how the government can afford to meet our 
nation's future energy commitments. The projected return to deficit 
budgeting, the recession, and the demands for increased homeland 
security and for supporting our military abroad, have placed enormous 
long-term pressures on the entire budget and appropriations process 
this year, and for as far as the eye can see. Will a long-term energy 
strategy also be a victim of budgetary constraints? That is a serious 
question.
  I hope not, because the Energy Information Administration estimates 
that, by 2020, the total U.S. energy consumption is forecast to 
increase by 32 percent--including petroleum by 33 percent, natural gas 
by 62 percent, electricity by 45 percent, renewable fuels by 26 
percent, and coal by 22 percent. Because our energy needs are expected 
to grow so quickly, we need to develop and use a diverse mix of energy 
resources, especially coal, in more economically and environmentally 
sound ways.
  There are those who would like to push coal aside like stove wood and 
horse power as novelties from a bygone era. But we cannot ignore coal 
as part of the solution. Over the past several years, I have been 
diligently assembling a comprehensive legislative package that will 
promote the near- and long-term viability of coal both at home and 
abroad. The Senate energy bill provides the opportunity to achieve that 
goal. Provisions contained in the Senate energy bill extend the 
authorization for the research and development program for fossil fuels 
from $485 million in Fiscal Year 2003 to $558 million in FY 2006. 
Additionally, the bill contains a $2 billion, 10-year clean coal 
technology demonstration program.
  It is undeniable that our quality of life and economic well-being are 
tied to energy, and, in particular, electricity. Coal is inextricably 
tied to our nation's electricity supply. Today, coal-fired power plants 
represent more than 50 percent of electric generation in the United 
States, and 90 percent of coal produced is used in electricity 
generation. Coal has become even more important in recent years as a 
basic necessity for high-technology industries that need this domestic 
resource for computers and cutting-edge equipment that require a 
reliable, cost-effective supply of electricity. Coal is America's most 
abundant, most accessible natural energy resource, but, again, we must 
find ways to use it in a cleaner, more efficient manner.
  The importance of clean coal technologies and the development of 
future advanced coal combustion and emission control technologies can 
assure the attainment of these goals. The overall emissions from U.S. 
coal-fired facilities have been reduced significantly since 1970, even 
while the quantity of electricity produced from coal has almost 
tripled. At the same time, the cost of electricity from coal is less 
than one half the cost of electricity generated from other fossil 
fuels.
  To ensure that coal-fired power plants will help us to meet our 
energy and environmental goals, the Clean Coal Technology Program and 
other Department of Energy--DOE--fossil energy research and development 
programs must develop most efficient, cleaner coal-use technologies. 
This, in turn, will contribute greatly to the U.S. economy and to 
reduction in pollution and greenhouse gas emissions.
  The DOE fossil energy research and development programs have created 
a cleaner environment, promoted the creation of new jobs, and improved 
the competitive position of U.S. companies. The DOE coal-based research 
program is estimated to provide over $100 billion--$100 billion--in 
benefits to the U.S. economy through 2020. In addition, the Clean Coal 
Technology Program has been one of the most successful government/
industry research and development partnerships ever implemented. By 
law, the Federal share of this very successful program cannot exceed 50 
percent. But, over the past 15 years, $1.9 billion in Federal spending 
has been matched by more than $3.7 billion from the private sector; a 
2:1 ratio that far exceeds the 1:1 ratio set by law.
  The successes of a range of U.S. clean energy technologies are 
valuable within our own borders. But, by opening new markets and 
exporting these technologies, we can reap their benefits many times 
over. This is a tremendous opportunity that cannot be ignored because 
the clean energy policies and technologies adopted today will have a 
profound influence on the global economic and energy system for decades 
to come. The United States should market our clean energy technologies, 
especially clean coal technologies, to developing nations, like China, 
India, South Africa, and Mexico, to help them meet their economic and 
energy needs. Just over a year ago, I initiated the Clean Energy 
Technology Exports Program, an effort to open and expand international 
energy markets and increase U.S. clean energy technology exports to 
countries around the world. This commonsense approach can 
simultaneously improve economic security and provide job opportunities 
at home, while assisting other countries with much-needed energy 
technologies and infrastructure. Furthermore, such technologies can 
enable these countries to build their economies in more environmentally 
friendly ways, thus helping to advance the global effort to address 
climate change.
  Climate change and energy policy are two sides of the same coin. 
Because the vast majority of manmade greenhouse gas emissions are 
associated with energy use, it is here, in an energy bill, that we need 
to deal with the long-term challenges associated with global climate 
change. We need a climate change strategy and we need a climate change 
strategy badly. We need a climate change strategy that will not just 
pick at this complex problem by putting in place strategies that will 
apply in the next 5 or 10 years. We need a comprehensive climate change 
strategy also that looks 20, 50, and 100 years into the future.
  Look at the kind of winter we have had. Look at the kind of winter we 
have had here in Washington: One snow, 3 inches. Look at the drought 
that has come upon this area of the country during the winter season. 
What can we expect for the spring and summer season? What is going to 
happen to our crops, our livestock, our economy? This is serious.
  I have lived a long time--84 years. Something is going on out there. 
I don't need a scientist to tell me that. With the differences in the 
winters, the differences in the summers, in the temperatures, in the 
water level, there is something happening, and we had better be aware 
of it. We had better do something about it.
  I sincerely hope that we will be able to work together in a 
bipartisan way and not put off addressing these challenging questions 
on another generation, but we must begin that effort now.
  In June 2001, I introduced with Senator Stevens bipartisan climate 
change legislation. Our bill received unanimous support in the 
Government Affairs Committee last year. Our proposal is based on 
scientifically, technically, and economically sound principles and 
would put into place a comprehensive, national climate change strategy, 
including a renewed national commitment to develop the next generation 
of innovative energy technologies. Senator Stevens and I believe this 
is right policy framework, and I hope that my colleagues will not allow 
this commonsense approach to be undermined or stricken from this bill.
  Senator Stevens and I are aware that there may be an effort to strike

[[Page 3752]]

this from the bill. But Senator Stevens and I will stand as one man, as 
one individual, against any such effort.
  I am glad to say that the Byrd/Stevens legislation is included in 
this energy package, as I have already indicated, for it will provide 
for the long-term viability of coal as an energy resource.
  We must seize this opportunity to learn from past experiences. 
President Carter spoke to the nation in 1977 about the energy crisis of 
that era. He said that:

       Our decisions about energy will test the character of the 
     American people and the ability of the President and the 
     Congress to govern this nation. This difficult effort will be 
     the `moral equivalent of war,' except that we will be uniting 
     our efforts to build and not to destroy.

  Those are the words of former President Carter. At that time, energy 
was a household concern. Lines, long lines at gas stations were a 
common scene. Everybody remembers that--anybody who was living at that 
time. We were building a national resolve to craft a comprehensive 
national energy policy. But the gas lines went away, and so did the 
sense of urgency about energy.
  During my tenure in the United States Senate, I have witnessed the 
ebb and flow in energy concerns as energy prices rise and fall. I fear 
that, as a nation, while our energy supplies are plentiful and prices 
are low, we may have sunk back into somnolence--somnolence--asleep at 
the wheel. If the United States is going to remain a global economic 
power, we have to tackle these energy issues. If there was ever a time 
to come together and craft an intelligent, responsible, bipartisan, 
long-term energy policy, it is now.
  Mr. President, I thank the distinguished Senator from Georgia for his 
courtesy and his kindness to me and for allowing me to precede him so I 
could make this speech and then go back to the Budget Committee where 
we are having votes and where I should be attending right away. I thank 
him, and I join with him. I know what he is going to say and what he is 
going to speak about. I shall have something to say about that matter 
later. I thank him.
  I yield the floor.
  Mr. WYDEN. Mr. President, I ask unanimous consent that upon the 
completion of the remarks of Senator Miller and Senator Collins I be 
allowed to speak. I will be offering a consensus amendment at that time 
which has been agreed to by both sides.
  The PRESIDING OFFICER (Mr. Nelson of Florida). Without objection, it 
is so ordered.
  Under the previous order, the Senator from Georgia is recognized.
  (The remarks of Mr. Miller are printed in today's Record under 
``Morning Business'')
  Mr. MILLER. Thank you, Mr. President. I suggest the absence of a 
quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. WYDEN. Mr. President, I ask unanimous consent the order for the 
quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                Amendment No. 3041 To Amendment No. 2917

   (Purpose: To provide additional flexibility to covered fleets and 
        persons under title V of the Energy Policy Act of 1992)

  Mr. WYDEN. Mr. President, I send an amendment to the desk and ask 
unanimous consent for its immediate consideration.
  The PRESIDING OFFICER. Without objection, it is so ordered. The clerk 
will report the amendment.
  The legislative clerk read as follows:

       The Senator from Oregon [Mr. Wyden], for himself, Mr. 
     Murkowski, Mr. Bennett, and Mr. Smith of Oregon, proposes an 
     amendment numbered 3041 to amendment No. 2917.

  Mr. WYDEN. Mr. President, I ask unanimous consent reading of the 
amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (The text of the amendment is printed in today's Record under ``Text 
of Amendments.'')
  Mr. WYDEN. Mr. President, the Energy Policy Act that the Senate has 
been debating contains a number of strategies to reduce America's 
dependence on foreign oil and to improve the environment, but it does 
omit a key technology that can help this country achieve these 
critically important goals.
  That technology is the hybrid electric vehicle. The Senate has heard 
a lot about hybrids over the last few weeks, and, last week saw a 
poster of a red SUV--a hybrid vehicle that Ford is developing. Hybrids 
are coming of age. Anyone who has questions about their benefits can 
ask our colleague, Senator Bennett from Utah, who does in fact, drive a 
hybrid vehicle.
  These vehicles can achieve fuel efficiencies that are more than twice 
the current CAFE standard. Their greenhouse gas emissions are only one-
third to one-half of those from conventional vehicles; and for other 
pollutants, such as nitrogen oxides, they can meet the country's 
highest emission standards, those set by the State of California.
  The overall energy efficiency of hybrid vehicles is more than double 
of any available alternative fuel vehicle. But the result of this 
country's current energy policy is that vehicles rated at even 70 miles 
per gallon are disqualified as counting toward energy efficiency fleet 
requirements just because they do not use alternative fuels. But, 
clearly, they more than fulfill the spirit of a modern energy policy 
that moves this country towards the critical goal of energy 
independence.
  When it comes to alternative fuel, the Energy Policy Act of 1992 is 
all windup and no pitch. It requires fleet administrators to buy 
alternative fuel vehicles, but it does not require them to use 
alternative fuels. In many States, even the best-intentioned fleet 
administrators have real trouble finding enough alternative fuel. That 
certainly has been true in my home State of Oregon.
  Out of 178,000 fuel stations across the country, only 200 now provide 
alternative fuel. That is less than one-tenth of 1 percent of our 
filling stations. The result is, many alternative fuel vehicles are 
being operated with gasoline, which completely undermines this 
country's goal of reducing the use of petroleum.
  The energy bill before us, wisely, will close that loophole by 
requiring alternative fuel vehicles to actually use alternative fuels. 
If passed, by September of next year, 2003, only 50 percent of the fuel 
that fleets use in their alternative fuel vehicles could be gasoline.
  Though the Nation's alternative fuel infrastructure is expanding, the 
question still remains: What about those States that still lack enough 
stations where fuel can be purchased? Are they supposed to just let 
those vehicles sit unused in their parking lots?
  The amendment I offer today, with Senator Murkowski, Senator Bennett, 
and my colleague from Oregon, Senator Smith, will provide fleet 
administrators with the flexibility to choose between alternative fuel 
vehicles and hybrid vehicles. Like the Energy Tax Incentives Act 
reported by the Finance Committee, it contains a sliding scale that 
allows partial credit for hybrid vehicles based on how good their fuel 
economy is and how much power they have.
  For instance, if a hybrid car or light truck averages 2\1/2\ times 
the fuel economy of a similar vehicle in its weight class, it could 
earn credit worth up to 50 percent of the purchase of an alternative 
fuel vehicle. Then, based on how much power it has available, it could 
earn additional credit. So significant credit would only be given to 
the best performers.
  To illustrate what this means, for a hybrid vehicle to get one-half 
the credit of a 3,500-pound alternative fuel vehicle that averages 21 
miles per gallon in the city, that hybrid would have to average over 53 
miles per gallon. It is clear what a huge reduction in petroleum use 
this proposal could mean.
  The amendment is supported by a broad range of interests, including 
the National Association of Fleet Administrators, the National 
Association of State Energy Officers, Toyota Motor of North America, 
and the National Rural Electric Cooperatives Association.
  I thank my colleagues, particularly Senator Murkowski, Senator 
Bennett, and Senator Smith of Oregon, for all of their efforts in 
working with me to fashion this bipartisan legislation.

[[Page 3753]]

  I also thank Chairman Bingaman, who has been very helpful with 
respect to this issue. He is a strong advocate of hybrids.
  Mr. President, I ask unanimous consent that the amendment be set 
aside and that the Senate return to it later in the day.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Who seeks time?
  The Senator from Oregon.
  Mr. WYDEN. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. MURKOWSKI. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. MURKOWSKI. Mr. President, I ask unanimous consent that I be 
allowed to speak as in morning business for a few minutes.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. MURKOWSKI. Mr. President, I gather there is some concern 
expressed by the majority leader about the pace at which we are 
proceeding on the energy bill. This often happens in the process of a 
complex piece of legislation, particularly a piece of legislation that 
has not gone through the committee process as a consequence of the 
decision of the majority leader. This has taken a while. We are not 
through by any means. We still have some contentious issues to address, 
such as global warming, ANWR, the tax proposal, which is going to take 
some time.
  I want to see this bill passed. It is my intention to keep working 
with Senator Bingaman toward the passage of a comprehensive energy 
bill. It was with the intention that, by amendment, we would try to 
craft a bill that would be worthy of the Senate's deliberations. There 
is no question that, obviously, we were expected to deliver a bill. The 
reality that the House has done its job and passed H.R. 4 puts the 
responsibility on the Senate.
  The President has outlined energy as one of his priorities, 
encouraging that we pass comprehensive energy legislation. So the 
obligation clearly is ours. This afternoon, I gather we are going to go 
back on judges for an undetermined timeframe. At the conclusion of 
that, I hope we can again go back to some of the outstanding amendments 
we have before us on the energy bill.
  I also point out to those who suggest we are holding up this bill 
that we spent a good deal of time off the bill on campaign finance. I 
am not being critical of that. It is just a reality that the majority 
leader chose to take us off to complete that particular issue, which 
has been around for so long.
  I want to make the record clear. We have an ethanol amendment, the 
Feinstein amendment is resolved, and there may be some more amendments 
coming yet this afternoon. We are working with Senator Bingaman and the 
majority whip, Senator Reid, to try to conclude a list of amendments. 
Our list is about 2\1/2\ pages long, I would guess, with around 60 
amendments listed. Realistically, there are probably not more than 10 
that we are going to have to deal with on that list. I know Senator 
Bingaman and the Democrats are working toward an effort to identify 
their amendments as well.
  I hope that as soon as we get off the judges, we can go back and 
proceed to move amendments yet today and on into the evening. I have no 
idea what the schedule is tomorrow, but perhaps the majority whip can 
enlighten me. I wanted to make it clear from our point of view as to 
what to anticipate and what we have ahead of us.
  Mr. REID. If the Senator from Alaska will yield, I will respond.
  Mr. MURKOWSKI. I am happy to yield.
  Mr. REID. The matter with the judges will be resolved by 3 o'clock 
this afternoon. We will take that up in 10 minutes. After that, we will 
go into whatever amendments the distinguished Republican leader of this 
bill wants to move. We hope his number of about 10 serious amendments 
is more accurate than 60. We know that when there is a finite list, a 
lot of people file relevants and they are not really serious about 
offering them. Having spoken to the majority leader and Senator 
Bingaman today, we really want to get a finite list of amendments we 
can put our fingers on, in the hopes of completing this legislation.
  If there are 10 amendments dealing with serious subjects, that is 
doable. If we get 25, 30 amendments, there are some who would recommend 
to the leader to file cloture and maybe go to something else. I hope 
that is not necessary. We have spent a lot of time on this bill. It is 
worthy of time.
  There is nothing we can do that is more serious than working on the 
energy policy of this country. We know the Senator has the ANWR 
amendment, which has created so much interest, and we hope to get to 
that soon.
  In short, we want to finish this bill as badly as the Senator from 
Alaska. We hope by this afternoon we can have some light at the end of 
the tunnel to do that.
  Mr. MURKOWSKI. Will the majority whip yield? Is there any indication 
what we might anticipate tomorrow? Is it too early to make that 
decision?
  Mr. REID. If we have reason to be here, the leader has not said we 
will have no votes. There could be votes. It is the day before the 
recess. If we have things we can do and it will lead to our completing 
this bill when we get back, I am sure the leader will want to work 
tomorrow.
  Mr. MURKOWSKI. I do not want to misunderstand my good friend. Did he 
indicate there has been a decision there will be no votes tomorrow?
  Mr. REID. The leader has said just the opposite; there will be votes. 
We want to have votes on substantive matters. We do not want to, on the 
day before the recess, have make-do votes. We are going to have 
something that is meaningful. With the subject matter that was briefly 
outlined by the Senator from Alaska, those are very serious matters, 
and I hope we can be working on some of them tonight and tomorrow.
  Mr. MURKOWSKI. I thank the Senator. I suggest the absence of a 
quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Ms. COLLINS. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Ms. COLLINS. Mr. President, I ask unanimous consent that the previous 
order be delayed and that I be permitted to speak for up to 15 minutes 
as in morning business.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator from Maine is recognized.
  Ms. COLLINS. I thank the Chair.
  (The remarks of Ms. Collins pertaining to the introduction of S. 2042 
are printed in today's Record under ``Statements on Introduced Bills 
and Joint Resolutions.'')


                     Amendments Nos. 3033 and 3040

  The PRESIDING OFFICER (Mrs. Carnahan). The Senator from Vermont.
  Mr. LEAHY. Madam President, what is the parliamentary situation?
  The PRESIDING OFFICER. There are 3 hours of debate to be evenly 
divided on two amendments dealing with judicial nominations.
  Mr. LEAHY. Madam President, earlier this week when the Senate was 
considering confirming the 42nd judge since the shift in majority last 
summer, I came to tell the Senate of the progress we have made filling 
judicial vacancies in the past 9 months. The pace of consideration and 
confirmation of judicial nominees in the last 9 months exceeds what we 
used to see in the preceding 6\1/2\ years. During that 6\1/2\ years 
under Republican control, vacancies grew from 63 to 105 and were rising 
to 111. I lay this out so people understand what is happening.
  Since July, we have made bipartisan progress. This chart shows the 
trend lines. During the Republican majority, the vacancies were going 
up to 111; in the short time the Democrats have

[[Page 3754]]

been in the majority, those vacancies have been cut down.
  The Democrats have controlled the majority in the Senate Judiciary 
Committee for 9 months. What did we do during that 9 months? We have 
confirmed more judges--42, all nominated by President Bush. In those 9 
months, we confirmed more judges than the Republicans did for President 
Clinton in the 12 months of the year 2000. We confirmed more judges in 
those 9 months than the Republicans did during the 12 months of 1999. 
In those 9 months, we confirmed more judges for President Bush than the 
Republicans did for President Clinton during the 12 months of 1997. 
During those 9 months, we confirmed more judges for President Bush than 
the Republicans did for the 12 months of 1996.
  We can compare our 9 months, and we have not finished a full year of 
being in the majority. In 9 months, we confirmed more judges for 
President Bush than the Republicans were willing to confirm for 
President Clinton in 12 months in the years 2000, 1999, 1997, and 1996.
  Under Democratic leadership, the Senate has filled longstanding 
vacancies on the courts of appeal. We exceeded the rate of attrition. 
In less than 9 months, the Senate has confirmed seven judges to the 
courts of appeals. We have held hearings on three others. We have 
drastically shortened the average time, by approximately a third, for 
confirmation of circuit court nominees compared to the Senate under 
Republican control between 1995 and 2001. And we are committed to 
holding more hearings on those where we received blue slips and have 
consensus nominees. Comparing what the Republicans did during 1999 and 
2000, they refused to even hold hearings or vote on more than half of 
President Clinton's court of appeals nominees.
  I mention this because I have always said let's get these people up, 
have a hearing, and let the committee vote. In the last 6 years, dozens 
upon dozens of President Clinton's nominees were never even given a 
vote in the committee. I have tried to reverse that.
  Between 1995 and when the Democrats took over the majority, vacancies 
on the courts of appeal rose to a total of almost 250 percent higher 
than before. When we finally took over, we were faced with 32 vacancies 
on the courts of appeal. In spite of this, the Democratic majority has 
kept up with the rate of attrition by confirming seven judges to the 
circuit courts in only 9 months and holding more hearings on three 
more. Particularly, we have been working to improve conditions in the 
Fifth, Tenth, and Eighth sitting.
  During the last 9 months, the Judiciary Committee has restored steady 
progress to the judicial confirmation process. The Senate Judiciary 
Committee is doing what it has not done for the 6 years before. We are 
holding regular hearings on judicial nominees. We are giving nominees a 
vote in committee, in contrast to the practice of anonymous holds and 
other tactics employed by some during the period of Republican control. 
In less than 9 months, the Senate Judiciary Committee has held 15 
hearings involving judicial nominations. That is more hearings on 
judges than the Republican majority held in any year of its control of 
the Senate. Already, 48 judicial nominees have participated in those 
hearings.
  In contrast, one-sixth of President Clinton's judicial nominees, more 
than 50, never got a committee hearing nor a committee vote from the 
Republican majority. This is one of the reasons why there were so many 
vacancies when President Bush took office.
  No hearings were held before June 29, 2001, by the Senate Judiciary 
Committee, even though they were in control. No judges were confirmed 
by the Senate from among the nominees received by the Senate on January 
3, 2001, or further nominees received from President Bush in May.
  This is the background for the sense-of-the-Senate amendment that 
will be offered by Majority Leader Daschle which would confirm that the 
committee should continue to hold confirmation hearings for judicial 
nominees as expeditiously as possible. That is true for all judicial 
nominees, including those first received on May 9 of 2001.
  The language offered by Senator Daschle also recognizes that with 
barely 4 weeks in session before May 9, 2002, calling for confirmation 
hearings on eight controversial courts of appeals nominees is a call 
that is unheard of. It was certainly never approached during the past 6 
years. I would suspect that my friends on the Republican side are most 
afraid of one thing: They hope the Democratic majority would never do 
to them and a Republican President what they did as a Republican 
majority to a Democratic President.
  I can assure them as long as I am chairman we will not do to them 
what they did to us. I am not going to do that. It hurts the 
independence of the judiciary, and I am not going to do that.
  I remember a whole session, in 1996, in which the Republican majority 
did not confirm a single judge to the courts of appeals; another in 
which the committee reported only three courts of appeals nominees all 
year. But we are not going to go back to those days. We are going to do 
a lot better. But you cannot call for hearings on eight courts of 
appeals nominees in 4 weeks. That would be asking the current committee 
to do in 1 month what the committee under Republican leadership did not 
do for months, in fact sometimes for years.
  It is disingenuous to compare the last 9 months with the Senate 
majority and President of different parties to years when the majority 
party and the President were the same. A fairer comparison might be 
with the first 9 months of the 104th Congress, where the parties of the 
President and the Senate majority were different. That comparison shows 
we made more progress, held more hearings, confirmed more judges, 
including courts of appeals judges, than when the party roles were 
reversed in 1995.
  In 1995, we had a Democratic President and a Republican majority. 
Take their 9 months. They had nine hearings in 9 months with a 
Democratic majority and Republican President. We actually had 15. I 
will correct this--15, because we had one Tuesday. In their 9 months, 
they had 36 confirmations; we have had 42. So we have made more 
progress, held more hearings, confirmed more judges than when the party 
roles were reversed in 1995. Actually, 1995 was when the Republicans 
had one of its most productive years on judges.
  In a comparison made between the beginning of the second session of 
the 104th Congress when the President was a Democrat and the Senate 
majority was Republican, with the beginning of this, when roles were 
reversed, that fair comparison shows that we have already confirmed 14 
judges this session, including 1 to the court of appeals, while the 
Republican Senate ended up confirming only 17 judges all year--none to 
the courts of appeals.
  When we finish this first year in the majority, I can assure the 
Senate our record will be better than the years we saw with the 
Republicans, by any kind of standard at all. Look at the first 3 months 
of the session. We have been confirming--we confirmed 14 judges.
  In March 1995, in their first 3 months, when they were in charge with 
a Democratic President and Republican majority, they confirmed 9; by 
March of 1996 when they were in charge, they confirmed zero; by March 
of 1997 when they were in charge they confirmed 2; by March of 1998 
they hit their zenith, they confirmed 12. They made up for it the next 
year, March of 1999, they confirmed zero. By March of 2000, they 
confirmed 7; by March of 2001 they confirmed zero. By March of this 
year, we confirmed 14.
  Madam President, I see the distinguished ranking member of the 
Judiciary Committee on the floor, so I will yield the floor and reserve 
the remainder of my time.
  The PRESIDING OFFICER. For the information of the Senate, the clerk 
will report by number the amendments currently under consideration.
  The assistant legislative clerk read as follows:

       The Senator from Mississippi [Mr. Lott] proposes an 
     amendment numbered 3033.

[[Page 3755]]

       The Senator from Nevada [Mr. REID], for Mr. Daschle, 
     proposes an amendment numbered 3040.

  The amendment is as follows:


                           amendment no. 3040

       At the appropriate place, add the following:

     SEC.   . FAIR TREATMENT OF PRESIDENTIAL JUDICIAL NOMINEES.

       That it is the sense of the Senate that, in the interests 
     of the administration of justice, the Senate Judiciary 
     Committee should along with its other legislative and 
     oversight responsibilities, continue to hold regular hearings 
     on judicial nominees and should, in accordance with the 
     precedents and practices of the Committee, schedule hearings 
     on the nominees submitted by the President on May 9, 2001, 
     and resubmitted on September 5, 2001, expeditiously.

  Mr. HATCH. Madam President, here we go again: statistics judo being 
used on the floor of the Senate courtesy of the Judiciary Committee.
  I am going to always address these statistics with the facts. The 
bottom line is the facts speak for themselves. We have an unprecedented 
and shocking 31 vacancies on the Federal circuit courts of appeals in 
this country. That is not progress.
  Last Thursday, Senator Lott introduced a resolution calling for the 
Judiciary Committee to hold hearings on each of the circuit court 
judges nominated by President Bush on May 9 of last year.
  We are coming up on the 1-year anniversary of those nominations, and 
yet only 3 of the 11 nominees have had hearings and confirmation votes. 
All of these nominees have received well-qualified or qualified ratings 
from the American Bar Association, which some of my Democratic 
colleagues have described as the gold standard in evaluating judicial 
nominees.
  Why is it so problematic that none of these 8 nominees have received 
a hearing or vote? It is no secret that there is a vacancy crisis in 
the Federal circuit courts, and that we are making no progress in 
addressing it.
  Let's take a look at some numbers. A total of 22 circuit nominations 
are pending in the Judiciary Committee. But we have confirmed only one 
circuit judge this year, and only seven since President Bush took 
office.
  When Senate Democrats took over the Judiciary Committee in June of 
last year, there were 31 circuit court vacancies, and there remain 31 
circuit court vacancies today. This does not represent progress--it 
represents stagnation.
  In contrast, at the end of 1995, which was Republicans' first year of 
control of the Judiciary Committee during the Clinton administration, 
there were only 13 circuit vacancies.
  In fact, during President Clinton's first term, circuit court 
vacancies never exceeded 20 at the end of any year--including 1996, a 
Presidential election year, when the pace of confirmations has 
traditionally slowed.
  Moreover, there were only two circuit nominees left pending in 
committee at the end of President Clinton's first year in office. In 
contrast, 23 of President Bush's circuit nominees were left hanging in 
committee at the end of last year.
  In light of the vacancy crisis, we cannot afford to let only 10 
Senators defeat a circuit nominee. This is a question of process, not 
of seeking favorable treatment.
  For all these reasons, it is imperative to support Senator Lott's 
resolution to get hearings and votes for our longest pending circuit 
nominees. Given the vacancy crisis in our circuit courts, I can't 
imagine anyone voting against it. I must respond to some of the 
comments that my colleagues across the aisle have made about the pace 
of judicial confirmations. These comments have included a gross 
distortion of my record as chairman of the Judiciary Committee during 
six years of the Clinton administration. Although we have all heard 
enough of the numbers, I will not hesitate to defend my record when it 
is unjustly attacked, as it has been over the past week and I think 
here today.
  I believe that the source of many, if not all, of these attacks stems 
from the defensive posture that many of Democratic colleagues have 
taken since 10 members of the Judiciary Committee refused to send the 
nomination of Judge Charles Pickering to the floor for a vote by the 
full Senate. Some of these colleagues have defended what they call the 
Senate's fair treatment of judicial nominees in general and Judge 
Pickering in specific. But the fact of the matter is that the Senate 
never got the opportunity to vote on Judge Pickering's nomination. The 
reality is that the 10 Democratic members of the Judiciary Committee 
determined for the rest of the Senate the fate of Judge Pickering's 
nomination.
  We all know that had it been brought to the Senate he would have gone 
through with flying colors.
  This is despite the fact--or perhaps because of the fact--that had 
Judge Pickering's nomination been considered by the full Senate, he 
very likely would have been confirmed, and I think with flying colors.
  The committee's treatment of Judge Pickering is problematic for 
several reasons.
  First, during the 6 years that Republicans controlled the Senate 
during the Clinton administration, not once was one of his judicial 
nominations killed by a committee vote. The sole Clinton nominee who 
was defeated nevertheless received a floor vote by the full Senate. 
Judge Pickering was denied that opportunity. Some of my Democratic 
colleagues have said that their treatment of Judge Pickering was not 
payback. In one sense, they are right. If they were interested in 
treating President Bush's nominees as well as the Republicans treated 
President Clinton's nominees, the they would have sent Judge 
Pickering's nomination to the floor for a vote by the full Senate.
  Second, the actions of the Democratic members of the committee were 
clearly orchestrated by liberal special interest groups that have been 
doing it for years whenever there is a Republican President. It is no 
coincidence that these groups asked the committee to demand Judge 
Pickering's unpublished opinions, then--surprise!--the committee 
announces that it will compel Judge Pickering to produce all of his 
unpublished opinions.
  For judges to go back and go through all their unpublished opinions, 
if they have been on the bench for very long, is extraordinary.
  I do not recall another nominee who has been subjected to a 
production demand of such scope--except, of course, for Judge D. Brooks 
Smith, another Bush nominee whom the groups have targeted.
  Let me read the text of the letter to Judge Smith. It simply say,

       Copies of your unpublished opinions, not previously 
     produced to the committee, have been requested by Members. 
     Please contact our nominations clerk . . . to arrange 
     transmission of the materials. Thank you for your assistance 
     in this matter.

  That is it. There is no explanation for why the committee is 
demanding these unpublished opinions, and there was no consultation 
with the Republicans about taking the drastic step of demanding these 
opinions. This letter, incidentally, was sent to Judge Smith after his 
confirmation hearing, just as with Judge Pickering. There is nothing 
fair about subjecting nominees to fishing expeditions simply because 
the liberal special interest groups do not like them. The committee's 
treatment of Judge Pickering's nomination was not an example of the 
committee doing its job, as one of my colleagues described it last 
week. Instead, it is an example of special interest groups pulling 
strings. I am deeply concerned about what this means for the fairness 
with which future judicial nominees will be treated--especially any 
Supreme Court justice that President Bush may have the opportunity to 
nominate.
  Some of my Democratic colleagues have tried to minimize the effect of 
their party-line committee vote to defeat Judge Pickering's nomination 
by declaring that, last year, they held the first confirmation hearing 
on a fifth circuit judge since 1994. While this is technically true, 
there is an important fact they leave out: From 1994 to 1997 during the 
Clinton administration--get this--no fifth circuit nominees were 
pending for the committee to act on. President Clinton did not nominate 
another fifth circuit judge until 1997, and that nominee did not have 
home State support due to lack of consultation from the White House.

[[Page 3756]]

  And that was the problem. He was not renominated after the end of the 
105th Congress. The next fifth circuit judge was not nominated until 
1999.
  So to say from 1999 they haven't had any work on that fifth circuit 
just shows the type of sophistry that is used. This one fifth circuit 
judge who was nominated in 1999, too, lacked home State support due to 
lack of consultation from the White House.
  Finally a third fifth circuit nominee was nominated in 1999. So, in 
reality, only one of President Clinton's fifth circuit nominees after 
1999 could have possibly moved, and I should say that nominee was not 
nominated until the seventh year of the Clinton presidency.
  Now, let's compare this record to the present Bush administration. 
The Democrats have already killed one of President Bush's fifth circuit 
nominees, Judge Pickering, who enjoys the strong support of both of his 
home State senators. If they are being guided by precedent, then my 
Democratic colleagues have no excuses for refusing to move every other 
Fifth Circuit Bush nominee who has home State support. One such 
nominee, Justice Priscilla Owen of Texas, has been pending in committee 
for over 300 days now without so much as a hearing which brings me to 
another point.
  My Democratic colleagues have argued at length about how fairly they 
are treating President Bush's judicial nominees, especially his circuit 
nominees. In fact, last week one of my colleagues said on the floor, 
``We are trying to accord nominees whose paperwork is complete and 
whose blue slips are returned both a hearing and a fair up or down 
vote.'' This colleague must have forgotten about the eight circuit 
judges whom President Bush nominated on May 9 of last year and who have 
been languishing in committee without so much as a hearing for over 300 
days. With one exception, the paperwork on all of these nominees has 
been complete for months. Each of these nominees has received a rating 
of well-qualified--the highest rating the ABA can give--or qualified 
from the ABA, which my Democratic colleagues have referred to as the 
gold standard in evaluating judicial nominees.
  The rest of President Bush's circuit nominees have fared just as 
poorly.
  As this chart shows, only 9 percent of his circuit nominees awaiting 
a committee vote have had a hearing thus far. Nine percent are 
languishing in the committee--for over 300 days. This means that 91 
percent of his circuit nominees, including 8 of his first 11 circuit 
judges nominated on May 9, have been languishing in committee for no 
reason, but that the liberal interest groups don't want them to move. 
These are outside groups.
  The failure of the committee to act on these circuit nominees is 
particularly disturbing in light of the vacancy crisis in the circuit 
courts.
  As this chart illustrates, the number of vacancies in the circuit 
courts is dramatically higher than it has been during the first 2 years 
of the most recent Presidential administrations. At the end of the 
first 2 years of the Herbert Walker Bush administration, there were 
only 7 circuit court vacancies. At the end of the first 2 years of the 
first term of the Clinton administration, there were only 15 circuit 
vacancies. At the end of the first 2 years of the second term of the 
Clinton administration, there were only 14 vacancies.
  Incidentally, I chaired the Judiciary Committee during this time, and 
there were fewer vacancies than there were when Democrats controlled 
the Senate during the first 2 years of the first time of the Clinton 
administration when the Democrats controlled the committee.
  Now, let's look at the present administration. There are currently 31 
vacancies in the circuit court of appeals. It is a disaster. This is 
the same exact number of vacancies in the circuit courts that existed 
when the Democrats took control of the Senate on June 5 of last year.
  This does not represent progress. This does not represent fairness. 
This does not show a good job being done by the Judiciary Committee. It 
represents stagnation. It is for this reason that I find it more than a 
little hard to swallow my colleagues' arguments that their pace of 
judicial confirmations is keeping up with the vacancy rate. The numbers 
simply tell another story.
  We are making absolutely no progress in addressing the vacancy crisis 
in the Federal judiciary. Even if you look beyond the circuit courts to 
the full judiciary--and we will just put these numbers up here as shown 
on the chart--these numbers are not much better.
  The end-of-session vacancies during the first 2 years of Republican 
control of the Senate during the Clinton administration never exceeded 
the vacancies we now face. At the end of 1995--my first year of 
chairing the committee--there were 50 vacancies in the Federal 
judiciary. Only 13 of these vacancies were in the circuit courts--only 
13.
  At the end of 1996--my second year of chairing the committee--there 
were 63 vacancies in the Federal judiciary.
  I might mention, when Senator Biden led the Democrats and chaired the 
committee--and I thought he did a great job--when he chaired the 
committee, in the same period, at the end of 1992, there were 97 
vacancies. But there were only 63 vacancies at the end of my second 
year. Only 18 of those were in the circuit courts. Now, that was too 
many, I admit, but it is certainly not 31 as we have today.
  But at the end of last session, there were 94 vacancies in the 
Federal judiciary. Now, admittedly, the Democrats did not have a full 
year to take care of it, but, still, 94 vacancies is a high vacancy 
total at the end of the session.
  Now we have 95 vacancies after almost a year, which is a dramatic 
increase from the 67 vacancies that existed at the end of the 106th 
Congress. As we have seen, 31 of these vacancies are in the circuit 
courts.
  What does this mean? It means the Senate's pace under Democratic 
control in confirming President Bush's judicial nominees is simply not 
keeping up with the increasing vacancy rate, not even in accordance 
with the precedence and practices of the committee.
  I have heard a lot of comments about how they are going to treat 
Republicans like we treated them, that they are going to treat 
Republicans just as fairly as we treated them. My gosh, the record 
shows we are not being treated fairly at all. You might be able to find 
some things to criticize in any Judiciary Committee chairman's tenure 
because of the difficulties in working with the other 99 people, but 
the fact is, this isn't fair.
  For anyone who doubts that the vacancy crisis represents a problem, 
let me point out that the Sixth Circuit Court is presently functioning 
at 50-percent capacity--50 percent. That is a disaster. Eight of that 
court's 16 seats are vacant. President Bush nominated seven well-
qualified individuals to fill the vacancies on that court.
  Two of these nominees, Deborah Cook--a wonderful woman lawyer--and 
Jeffrey Sutton--one of the finest appellate lawyers in the country--
have been pending since May 9 of last year. They were among the first 
11 judges that President Bush nominated. Yet they have languished in 
committee without so much as a hearing, while the Sixth Circuit 
functions at 50-percent capacity.
  Although the Michigan Senators have blocked hearings for the three 
Bush nominees from Michigan by refusing to return blue slips, the 
paperwork on the remaining four nominees is complete. Again, nothing 
stands between them and a confirmation hearing except my Democratic 
colleagues.
  Let me also say that I find it highly unusual that blue slips 
withheld in one State should be used to denigrate or to hold up judges 
from another State. I do not think Senators should be given that kind 
of authority, but that is what is being done here.
  Another appellate court that is in trouble is in the DC Circuit, the 
Circuit Court of Appeals for the District of Columbia, which is missing 
one-third of its judges. It has only 8 of its 12 seats filled. That is 
one of the most important courts in our country. It hears cases that 
other circuits do not hear. It hears an awful lot of administrative law 
cases. It is a busy court. Yet we only have 8 of the 12 seats filled.
  President Bush nominated two exceedingly well-qualified individuals 
to

[[Page 3757]]

fill seats on the DC Circuit on May 9 of last year, better than 300 
days ago.
  Miguel Estrada, a Hispanic, who has a remarkable record, and has 
argued 15 cases in front of the Supreme Court of the United States, 
could not even speak English when he came to this country, and is one 
of the most articulate, impressive, intelligent advocates in our 
country today--not even given a hearing. Well-qualified by the American 
Bar Association.
  John Roberts: I talked to one of the Supreme Court Justices just a 
short while ago. He said he is one of the two top appellate lawyers in 
this country today. He is not particularly an ideologue. This man is a 
great lawyer. He has Democrat and Republican support. So does Miguel 
Estrada, by the way.
  They are among the most well-respected appellate lawyers in the 
country. And I should say that Miguel Estrada would be the first 
Hispanic to ever serve on the Circuit Court of Appeals for the District 
of Columbia, to sit on this important court.
  My friends on the other side talk a lot about diversity, but 
apparently it is diversity only if the candidates agree with the 
extreme liberal views of the special interest groups in this town. And 
they are in this town. They really do not represent the people at 
large--narrow interest groups. This troubles me. The Judiciary 
Committee has not granted them a hearing, much less a vote.
  If the DC Circuit and the Sixth Circuit are any indication, it 
appears the committee is doing what it can to avoid filling seats on 
the courts that need judges the most.
  Part of the problem is a reluctance by the committee to move more 
than one circuit judge per hearing. In fact, I do not believe the 
Democrats have moved more than one circuit judge per hearing during the 
entire time they have had control of the Senate.
  When I was chairman, I had 10 hearings with more than one circuit 
nominee on the agenda. In fact, I had hearings with more than one 
circuit nominee on the agenda in every session in which I was chairman 
except for the Presidential election years. That is the precedent and 
the practice of the committee.
  Let's stop making excuses. Let's confirm these judges. If we are 
going to get serious about filling circuit vacancies, then I encourage 
my Democratic colleagues to move more than one circuit judge per 
hearing.
  One of the more ludicrous charges I have heard is that the 
Republicans did not confirm any judges while they held the majority in 
the Senate last year. Let me set the record straight on this. President 
Bush announced his first 11 judicial nominations on May 9. I scheduled 
a confirmation hearing on 3 of those judicial nominees--all circuit 
court nominees--for May 23.
  However, some Democratic members of the committee claimed to need 
more time to assess the nominees. Out of an abundance of caution, a 
recognition of their feelings, and in the interest of fairness, I 
agreed to cancel the hearing despite widespread speculation that the 
Republicans' loss of the majority in the Senate was imminent. As we all 
know, control of the Senate shifted to the Democrats shortly thereafter 
on June 5.
  So while the Republicans were ready to hold a hearing on 3 circuit 
judges within 2 weeks of their nomination in May, it took the Democrats 
until the end of August to hold confirmation hearings on 3 circuit 
judges. By the way, 2 of them were Democrats, so it is not hard to 
understand why they would want to get them through. And I wanted to get 
them through, too. And I want to get them through before, at least one 
of them, now Judge Gregory.
  I have to admit, when these special interest groups on our side came 
to me, some of the far right groups, I told them: Get lost. And I made 
some real enemies in the process. But, by gosh, I wanted to do my job 
as Judiciary Committee chairman.
  I know it is a difficult job. And I know my colleague has a very 
difficult time with colleagues, with outside groups, with all kinds of 
problems. I had the same problems. But sooner or later, we have to do 
something about these problems. I have also heard my Democratic 
colleagues complain that I was unfair because almost 60 Clinton 
nominees never received a hearing or vote. I have two responses to this 
charge.
  Let me just go to this chart.
  First, as the following chart shows, the Democrat who controlled the 
Senate during the first Bush administration left 59 judicial nominees 
total, circuit and district nominees, without a hearing or vote at the 
end of 4 years--59. And they are complaining? In contrast, only 53 
Clinton nominees were not confirmed over my 6 years as chairman. But 
that was in 4 years that they left 59. Now, mine was 53. Yet my 
Democratic colleagues claim that I was unfair to the Clinton nominees 
despite the fact they left more Bush 1 nominees unconfirmed in an 
actual shorter period of time.
  Second, many of the Clinton nominees who were not confirmed had good 
reasons for not moving. As I have mentioned, not including withdrawn 
nominees, there were only 53 Article III judicial nominees who were 
nominated by President Clinton during my 6 years as chairman who did 
not get confirmed. Of those, nine were nominated too late in a Congress 
for the committee to feasibly act on them or were lacking paperwork. 
That leaves 44. Seventeen of those lacked home State support, which was 
often the result of a lack of consultation with home State senators. 
There was no way to confirm those, no matter how much I would have 
liked to, without completely ignoring the Senatorial courtesy that we 
afford to home State Senators in the nominations process, as has always 
been the case. That leaves 27. of the original 53. One nominee was 
defeated on the Senate floor, which leaves only 26 remaining nominees. 
Of those 26, some may have had other reasons for not moving that I 
simply cannot comment on. So in all 6 years that I chaired the 
committee while President Clinton was in office, we are really only 
talking about 26 nominees who were left.
  Now I heard one of my Democratic colleagues on the floor last week 
comparing their pace to mine in increments of months--9 months to 12 
months, 9 months to 9 months, 3 months to 3 months, and so on. I must 
admit that I had a tough time following his argument in light of the 
astronomical vacancy rate that we now face in the Federal judiciary. 
But in terms of fairness, let me set forth what I consider to be the 
bottom line. President Clinton enjoyed an 85 percent confirmation rate 
on the individuals he nominated. A total of 377 Clinton nominees sit on 
the Federal bench today. That was with my help in every case.
  This number is only 5 short of the all-time confirmation champion, 
President Reagan, who had 382 judges confirmed by the Senate. I believe 
President Clinton would actually have had more, had it not been for 
Democratic holds in the Senate that I knew about at the end of that 
last session. Keep in mind, President Clinton had 6 years of a 
Republican Senate, the opposition party, yet had virtually the same 
number of people confirmed as the all-time champion, President Reagan, 
who had 6 years of his own party in control of the Judiciary Committee 
in the Senate. It is astounding to hear some of these arguments against 
what we did.
  Go over it again. President Clinton, with a 6-year opposition party, 
and me as chairman, had 377 judges confirmed in his 8 years, during 6 
of which Republicans controlled the Senate. President Reagan, the all-
time champion, got 5 more, 382, and he had 6 years of a favorable party 
Senate.
  I don't think there is much room to be complaining about what 
happened during the Clinton years.
  When President Bush's judicial confirmations start approaching these 
numbers, then I may be ready to agree that the Democrats are treating 
President Bush's nominees fairly.
  Let me add something more. If you look at this chart, it is pretty 
important because it shows that the total vacancies at the end of the 
102nd Congress were 95. But if you go to the pending nominees not 
confirmed at the end of Bush 1, there were 11 circuit court nominees 
and 48 district court nominees, for a total of 59 circuit and district 
court nominees.

[[Page 3758]]

  If we go to the end of President Clinton, it really tells the story.
  In President Clinton's first 4 years, we had a total of 202 judges 
confirmed. When the Democrats controlled the committee in 1993, there 
were 112 vacancies at the end of the session. Mine was 54--53, 
actually. At the end of 1994, when they controlled the committee, there 
were 63 vacancies. I remember President Clinton saying that was a full 
judiciary. Senator Biden was the chairman, and I agreed. Somewhere 
around 60 judges is basically a full judiciary. There may be problems 
in certain areas, but basically that is a full judiciary.
  In 1995, the first year after we took over, there were 50 total 
vacancies left and only 13 circuit court nominees left. Keep in mind, 
when the Democrats controlled, on circuit court nominees, there were 20 
at the end of 1993 and in 1994 there were 15. That is what you have to 
do at the end of session--not just choose any 3 months you want to in 
any year. Let's talk in terms of fairness here and statistics.
  Let's go down it again. President Clinton in 1993 nominated five to 
the circuit court. President Bush has nominated 31--actually more than 
that. He had 3 nominees confirmed, but there were 20 circuit court 
nominees at the end of that session. In 1994, he nominated 17, 
submitted 17; there were 16 who were confirmed. There were 15 left over 
at the end of 1994. The Democrats controlled the committee. In 1995, he 
nominated 16; there were 11 confirmed of the 16. That is a far better 
record than we are hearing about the complaints from the Democrats on 
what happened under my leadership. There were only 13 left, a 7.3-
percent vacancy rate.
  In 1996, I was chairman again. We only had four nominations. That is 
why none was confirmed. It was an election year. Eighteen were left 
over. If you stop and think about it, that is still 13 fewer than the 
vacancy rate right now, or the vacancy rate that existed last May 9, 31 
vacancies.
  In the district courts, if you want to go through it, in 1993 there 
were 42 nominations submitted; 24 were confirmed. That is when the 
Democrats controlled the committee. There were 92 vacancies at the end 
of the session.
  In 1994, there were 77 nominations in the district court; 84 were 
confirmed. And there were only 48 left at the end of that session. In 
1995, when I took over, there were 68 nominations; 45 were confirmed. 
And there were 37 vacancies. In 1996, there were 17 nominations 
submitted; 17 were confirmed. In that year, 45 at the end of that 
session.
  But if we go to circuit and district courts combined, in 1993, when 
the Democrats controlled the Senate, there were 47 total nominations 
submitted. There were 27 that were confirmed when the Democrats 
controlled the committee and their own President was there. And there 
were 112 vacancies at the end of that session. In 1994, there were 94 
total nominations submitted; there were 100 nominations confirmed. And 
there were only 63, which is still 10 higher than it was at the end of 
my tenure, at the end of the session when President Clinton left 
office.
  In 1995, there were 84 nominations submitted; 56 were confirmed. And 
there were 50 left over at that time. Then in 1996, there were 21 total 
nominations submitted; 17 confirmed. There were 63 left over.
  As you can see, if we compare the statistics, the Democrats were not 
mistreated. They were treated fairly. Admittedly, it is a tough job 
being chairman of the Judiciary Committee. These are hot issues. There 
are always some people in the Senate, whether liberals or 
conservatives, who don't like certain judges. Let's face it. It is not 
easy to handle some of those problems. But I have to admit, the 
Democrats have been treated very fairly. I would like to see us treated 
just as fairly as they were. With 95 vacancies existing today, it is 
apparent that the job is not getting done.
  I reserve the remainder of my time and suggest the absence of a 
quorum.
  The PRESIDING OFFICER (Mr. Edwards). The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. HATCH. I ask unanimous consent that the order for the quorum call 
be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. HATCH. Mr. President, I ask unanimous consent that the time 
during the quorum call be charged equally to both sides.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. HATCH. I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. SPECTER. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. SPECTER. Mr. President, I have sought recognition to support the 
amendment offered by the Senator from Mississippi, Mr. Lott, our 
distinguished Republican leader, that the Senate Judiciary Committee 
shall hold hearings on the nominees submitted by the President on May 
9, 2001, by May 9, 2002.
  It is my view that this resolution is preeminently reasonable. 
Senator Daschle, the majority leader, has submitted a resolution in the 
nature of a first-degree amendment saying that the hearings should be 
conducted expeditiously.
  It is my hope there will be a truce on the confirmation battles that 
have been raging for a very long time--during most of the 22-year 
tenure I have had in the Senate, all of which has been on the Judiciary 
Committee. We have seen that when there is a Democrat in the White 
House--for example, President Clinton--and Republicans controlled the 
Senate in 1995 through the balance of President Clinton's term--that 
the same controversy arose. I have said publicly, and I repeat today, 
that I believe my party was wrong in delaying the nominations of Judge 
Paez for the Ninth Circuit and Judge Berzon for the Ninth Circuit and 
Judge Gregory for the Fourth Circuit and the battle along party lines 
that arose over the nomination of Bill Lann Lee to be Assistant 
Attorney General for the Civil Rights Division.
  Just as I thought Republicans were wrong in the confirmation process 
during much of President Clinton's tenure, I think the Democrats are 
wrong on what is happening now with the slowness of the confirmation 
process.
  It may be that, in the final year of a Presidential term, some 
motivation would exist to delay the process so that if a President of 
the other party is elected, there might be a different attitude on the 
nominations.
  Certainly those considerations do not apply in a first year or in a 
second year. The individuals who were nominated by the President on May 
9 were very well qualified, I think extraordinarily well qualified, 
being the first batch submitted by the President.
  It would be my hope that we could establish a protocol. I have 
prepared a resolution which would go beyond what Senator Lott has 
called for and would call for a timetable established by the chairman 
of the committee, in collaboration with the ranking member, to set a 
sequence for when a nominee for the district court, circuit court, or 
Supreme Court would have a hearing. Let that be established and let it 
be followed regardless of who controls the White House and regardless 
of who controls the Senate.
  Then a timetable ought to be established for a markup for action by 
the committee in executive session, and a timetable should be 
established for reporting the nomination out to the floor.
  There ought to be latitude and flexibility for that timetable to be 
changed for cause where there is a need for a second hearing or where 
an additional investigation has to be undertaken. But there ought to be 
a set schedule which would apply regardless of a Democrat making 
appointments to a Judiciary Committee controlled by Republicans or a 
President who is a Republican submitting nominations to the committee 
controlled by the Democrats. It seems to me that just makes fundamental 
good sense.

[[Page 3759]]

  If we established that protocol, it would stay in effect and we would 
end the political division which is not good for the reputation of the 
Senate, it is not good for the reputations of the Senators, and most 
importantly, it is not good for the country.
  The resolution I have prepared would further provide that where a 
vote occurs for a district court judge or court of appeals judge along 
party lines, that nomination be submitted for action by the full 
Senate. The rationale behind that, simply stated, is if it is partisan 
politics, then let the full Senate decide it.
  We just went through a bloody battle, and I think a very unfortunate 
battle, on Judge Pickering. I believe the real issue of Judge Pickering 
was notice to President Bush about the judicial philosophy of a nominee 
for the Supreme Court of the United States, if and when a vacancy 
occurs.
  I do not intend to reargue the Pickering matter, and I know the 
distinguished Senator who is presiding, the Senator from North 
Carolina, has a different view of the matter, but Judge Pickering is a 
very different man in 2002 than he was in the early 1970s when he was a 
State senator from Mississippi, when segregation was the norm. Judge 
Pickering had a lot of support from people in his hometown of Laurel, 
MS, who are African Americans, who came in and urged his confirmation.
  Judge Pickering is behind us. We ought to learn a lesson from Judge 
Pickering.
  There are six precedents which Senator Hatch has put into the Record 
where nominees turned down for district court or circuit court were 
considered by the full Senate. That was the practice when Judge Bork 
was turned down by the Judiciary Committee on a 9-to-5 vote. He was 
then considered by the full Senate and ultimately defeated 58 to 42, 
but he was considered by the full Senate.
  Justice Thomas had a tie vote in the Senate. We have not had any 
nominee in my tenure--perhaps no nominee in the history of the Court--
more controversial than Justice Thomas. But when the motion was made to 
submit Justice Thomas for consideration by the full Senate, it was 
approved 13 to 1.
  My resolution further calls for Supreme Court nominees to be 
considered by the full Senate regardless of the committee vote, and I 
believe there has been an acknowledgment on all sides--more than a 
consensus, a unanimous view--perhaps just a consensus, but the general 
view that a Supreme Court nominee ought to be submitted to the full 
Senate.
  My resolution will also provide that the matter will be taken up by 
the full Senate on a schedule to be established by the majority leader, 
in consultation with the minority leader.
  We ought to get on with the business of confirmations. Senator Lott's 
proposal of a 1-year period I think is preeminently reasonable. One 
might call it a statute of limitations in reverse. We lawyers believe 
in statutes of limitations.
  Beyond Senator Lott's amendment, I believe there ought to be a 
protocol which would establish timetables and a procedure for ending 
this political gridlock, taking partisanship out of the judicial 
selection process so that the courts can take care of the business of 
the country. There are many courts in a state of emergency with too few 
judges to handle the important litigation of America. I know that is 
something in which the Presiding Officer has a deep and abiding 
interest, having spent so much of his life in the trial courts, and I 
spent a fair part of mine in the trial courts as well. In a sense, the 
Senate is something of a trial court as well. I hope we get the right 
verdict here.
  I thank the Chair and yield the floor.
  Several Senators addressed the Chair.
  The PRESIDING OFFICER. The Senator from Kentucky.
  Mr. McCONNELL. Mr. President, I say to my friend from New York, my 
remarks are very brief and if he would not mind my going ahead, this is 
the only opportunity I will have to make these remarks prior to the 
vote.
  Mr. SCHUMER. Mr. President, I never mind deferring to the Senator 
from Kentucky, especially when he is brief.
  Mr. McCONNELL. That is a very good habit, and I hope the Senator from 
New York will continue it.
  Mr. President, I commend the former chairman of our committee, 
Senator Hatch, and Senator Specter for their observations about the 
dilemma in which we find ourselves. Senator Specter and Senator Hatch 
both received a good deal of criticism from a number of Members on this 
side of the aisle for moving too many Democratic judges during the 
period when President Clinton was in the White House and the 
Republicans were in the majority in the Senate. We should listen to 
them when they engage in this debate.
  Senator Specter, in particular, was very sympathetic to moving 
Democratic nominees out of committee and has offered today to discuss a 
resolution he is going to submit that I think provides a solid 
bipartisan way to begin to resolve this dilemma in which we find 
ourselves.
  I say to Senator Leahy, the chairman of the committee, he has been 
totally fair with us in Kentucky in dealing with our district judges. 
We had three vacancies in the Eastern District, all of which have been 
filled. So we certainly have no complaint on that score.
  I do want to say something about the Sixth Circuit. The Sixth Circuit 
is made up of Michigan, Ohio, Kentucky, and Tennessee. It is currently 
50 percent vacant. It basically cannot function. It is not because 
President Bush has failed to act. He has nominated seven individuals 
for those eight positions, and they have been nominated for quite some 
time: John Rogers from my State was nominated 93 days ago; Henry Saad, 
Susan Neilsen, and David McKeague were nominated 134 days ago; Julia 
Gibbons was nominated 164 days ago; and Jeffrey Sutton and Deborah Cook 
were nominated an incredible 317 days ago with no hearings on any of 
these nominees.
  Finally, in terms of the Senate as an institution, we cannot function 
this way. This is simply not acceptable. I think the voters have a 
right to expect us to do our work. If we are going to come anywhere 
close to treating President Bush as President Clinton and President 
Reagan were treated, we are going to have to start having hearings and 
votes on nominees for these circuit court vacancies.
  I know this is a difficult matter. I know it has become increasingly 
politically charged in the years I have been in the Senate and that 
both sides have contributed to it. If we are not going to stop that 
now, then when? This is a good time to sit down in a bipartisan fashion 
and figure out how we can do what is in the best interest of the 
country because whether people on the other side like it or not, 
President Bush is there. He is going to be there for another 3 years 
for sure. We need to deal with these vacancies at the circuit court 
level.
  I am in strong support of the Lott resolution to ensure the fair 
treatment of President Bush's judicial nominees.
  As the resolution lays out, the situation with judicial vacancies has 
gotten remarkably worse since President Clinton left office. There were 
67 vacancies when President Clinton left office. This vacancy situation 
has now jumped to 95 vacancies. Thus the percentage of vacancies has 
climbed from 7.9 percent to 11 percent.
  It is a sorry state indeed, when Federal judges are retiring at a 
faster rate than we can replace them. This vacancy situation is 
particularly acute on the circuit courts, where, as the resolution 
notes, 31 of the 96 vacancies exist. This is an astounding 17.3 percent 
vacancy rates for the courts of appeals--almost one seat out of every 
five being empty.
  As the ranking member of the Judiciary Committee said, my own 
circuit--the sixth--covering Michigan, Ohio, Kentucky, and Tennessee, 
is the worse off of all the circuits. Fully one-half of the appellate 
judgeships on the sixth circuit are vacant. Think of that. Every other 
seat on the Federal circuit that hears appeals from my constituents is 
empty. That is alarming.
  Now, my friend the chairman--and he is my friend--knows how warmly I 
feel

[[Page 3760]]

about him for his handling of the district court vacancies in my home 
State.
  But I must confess, I am at a loss, and am becoming increasingly 
exasperated, at the inability or outright refusal--at this point, I 
don't know which--to confirm some judges to my home circuit.
  Let me be clear. This is not the President's fault. He has nominated 
individuals to fill seven of the eight seats on the sixth circuit. Yet 
none--I repeat none--has even gotten so much as a hearing, even though 
all of the paperwork of these nominees is complete.
  As I said, these individuals have been before the Senate for quite 
some time:
  John Rogers was nominated 93 days ago;
  Henry Saad, Susan Neilson, and David McKeague were nominated 134 days 
ago;
  Julia Gibbons was nominated 164 days ago; and
  Jeffrey Sutton and Deborah Cook were nominated an incredible 317 days 
ago.
  Back home in Kentucky, if you don't do your job for 10 months, you 
are probably out looking for work. I think the American people ought to 
remember that come election time, when they are thinking about who 
should run the Senate.
  On behalf of my constituents, I urge the chairman to take at least 
some action--some action--and try to get at least a few of these judges 
confirmed before the end of the year.
  To do that, we are going to have to pick up the pace considerably. We 
hear about how poorly President Clinton was treated--even though he got 
close to 400 judges and finished in second place all time, only 5 
behind President Reagan.
  But to equal the number of judges President Clinton got confirmed in 
his first term, we're going to have to confirm 87 or so judges before 
the end of the 107th Congress. And to reach that parity, we're going to 
have to have hearings, markups, and votes on over four judges per week.
  We can't just have a nomination hearing for a single circuit court 
nominee every other week. We can't have a confirmation hearing one 
week--with maybe one circuit court nominee at best--and a markup the 
next week. We need to get on a regular pace of having hearings, 
markups, and floor votes every week for a reasonable number of judges, 
including circuit judges.
  In sum, because the vacancy situation is deteriorating by the day, I 
am compelled to urge the adoption of the Lott resolution.
  I thank the Senator from New York for his indulgence in allowing me 
to go ahead of him.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from New York.
  Mr. SCHUMER. Mr. President, I wish to say a few words about judicial 
nominations and the pending amendment. Our friends on the other side of 
the aisle made a lot of hay about our record of judicial nominations, 
but the facts do not support the allegations.
  First, under Chairman Leahy's leadership in the 9 months since the 
Senate's reorganization, and despite the disruptions caused by the 
attacks of September 11 and the anthrax in our offices, we have sent 42 
nominees to be voted on. Yet our friends continue to argue we are not 
holding enough hearings. Forty-two nominees is a huge number.
  I remember the hearing we had the day we were evacuated from the Hart 
Building and all of the office buildings. We had a hearing--that 
happened to be the first one with Judge Pickering --in a cramped, 
little room in the Capitol. Senator Leahy came back once during recess 
to hold a hearing, I am told. This is clearly not the action of a group 
trying to hold up judges.
  In 1999 and 2000, by contrast, the Republican-controlled committee 
held only seven hearings all year, and those were entire years, not the 
few months we have had.
  Second, our friends claim we are confirming too few judges. We have 
put 42 on the bench. That is more than were confirmed in the entire 
first year of the Clinton administration when the Democrats controlled 
the Judiciary Committee.
  They argue we are stalling. But when one looks at comparable years, 
Chairman Leahy's Judiciary Committee is well ahead of pace. So the 
claims of stalling ring hollow when one looks at the facts.
  Third, when we point to raw numbers, our colleagues change the 
argument and point to the percentage of seats that remain vacant. Well, 
a problem cannot be created and then the complaint made that someone 
else is not solving it fast enough. That is the height of unfairness. 
That is the height of sophistry.
  Our Republican friends controlled the Judiciary Committee during the 
last 6 years of the Clinton administration, and during that time 
vacancies on the bench increased some 60 percent. All of a sudden we 
are concerned about vacancies. What happened in 1998 and 1999 and 2000? 
We were not concerned with vacancies then--only now.
  We are not going to play games and say what is good for the goose is 
good for the gander. We are not suggesting two wrongs make a right by 
holding up judges the way it was done previously. Instead, we are going 
to decrease that, and we have gotten off to a good start.
  Addressing the point my good friend from Kentucky made about the 
Sixth Circuit, yes, there are many vacancies there, and that is because 
nominees who were put in by President Clinton, Helene White in 
particular, were held up for very long periods of time.
  Now, what is fair if you want to fill the vacancies? What is fair is 
not for the President to just pick names and say, endorse these, but 
what is fair is for the President to sit down with all the Senators 
from the Sixth Circuit, not only the Senators from one party, and come 
to an agreement about who should be nominated. Maybe Helene White 
should be nominated now, and then one of the President's selections. 
Maybe it should be people on whom both sides can agree.
  So if there is real concern about filling the Sixth Circuit, I say to 
my colleague from Kentucky--I wish he were still present--then consult 
all the Senators of that circuit and we can get judges done like that.
  To say, after the other side held up judges whom President Clinton 
nominated, now we should just, without even aforethought, approve all 
the judges President Bush nominates, when he does not consult with 
anyone from this party--and I say that as somebody who greatly respects 
the President and gets along with him--does not make any sense at all. 
Do not make the argument about vacancies that you have created unless 
you are prepared to make this a partnership to fill those vacancies.
  That leads to my fourth point. Because so many Clinton nominees never 
got hearings and never got voted on by the Republican-controlled 
Senate, the courts now more than ever hang in the balance. Some of the 
nominees have records that suggest extreme viewpoints. It is our 
obligation to examine the records closely before we act. The Senate is 
the last stop before a lifetime appointment on the Federal bench, and 
so we cannot blindly confirm judges who are a threat of rolling back 
rights and protections through the courts not over the last 25 years 
but over the last 70. Some of these judges want to go back to pre-New 
Deal: Reproductive freedoms, civil rights, the right to privacy, the 
right to organize, environmental protection, worker and consumer 
safety.
  In my State of New York, the administration has so far worked with us 
in good faith to select nominees who meet three requirements for 
judges, at least the three I have told them I care about: Excellence, 
moderation, and diversity. Nominees who meet these criteria will win my 
swift support. For those nominees who raise a red flag, whose record 
suggests a commitment to an extreme ideological agenda, we have to look 
at them closely.
  These days, the Supreme Court is taking fewer than 100 cases a year. 
That means these appellate court nominees particularly will have, for 
most Americans, the last word on cases that are the most important 
matters in their lives. We need to be sure the people to whom we give 
this power for life

[[Page 3761]]

are fair minded, moderate--I never like judges too far left or too far 
right; they both become activists and try to change the law way beyond 
what the legislature wants--and they have to be worthy of the 
privilege.
  We have worked together with our Republican colleagues on several 
matters since September 11, and by and large we have done well to keep 
things bipartisan. Campaign finance reform yesterday was a huge hurdle 
for us to clear. On election reform, I am optimistic we are very close 
to a bipartisan solution. The energy bill has a lot of amendments to 
work through.
  Again, in this body, whether you have 51 or 49, much cannot be 
accomplished unless we work in a bipartisan manner. On judicial 
nominees, why can we not do the same thing? Both sides ought to be 
working together to correct imbalances in the court and keep the 
judiciary within the mainstream. We need nominees who are fair and open 
minded, not candidates who stick to an ideological agenda. The 
Constitution mandates this. It is not just the Senate consent; it is 
the Senate gives advice and consent. As far as the advice part of that 
phrase goes, there has been very little advice sought of this body. 
That is the reason we have such a deadlock.
  I prefer judges who do not stick to an ideological agenda. I prefer 
our judges share views with mainstream America. However, I have no 
problem in voting in favor of some very conservative nominees when 
there is some balance on the court; there is Scalia on one side, maybe, 
and a Black or a Douglas on the other side. That would make a great 
Supreme Court. The issues would be debated.
  That is what President Clinton did, by and large. He nominated 
moderates. We forget that. If you look at an unobjective scale and look 
at middle America, the nominees of President Bush are much further to 
the right than President Clinton nominees to the left. Most of the 
people he nominated were prosecutors, law firm members. It was not a 
phalanx of legal aide lawyers and people who would tend to be more 
liberal. Even the moderates toward the end of Clinton's terms did not 
get a hearing on the Fifth Circuit.
  Mr. KENNEDY. Will the Senator yield?
  Mr. SCHUMER. I am happy to yield.
  Mr. KENNEDY. I thank the good Senator for his presentation today, 
reviewing the historical background of the record of the committee, as 
the Senator from Vermont, our chairman, Mr. Leahy has done--and he has 
been assaulted and attacked. Senator Schumer has also reviewed the 
unfairness of the treatment of individuals as a result of the 
Republican activities.
  I agree with the Senator from New York. We ought to understand what 
the Constitution asks of us; that is, have shared power with the 
Executive. We know this President has the primary responsibility, but 
it is a shared power. We ought to exercise it in a responsible way. I 
hope that will be the way in the future.
  If there is any benefit that will come from this debate and 
discussion, perhaps it is that we will have a better understanding, as 
will the American people, and we will move ahead in trying to get well-
qualified people who deserve to be there.
  I have a number of echoes that still ring in my mind about how people 
were treated. Numbers do not always define how people were treated. I 
was in the Senate when Ronnie White, who had been reported out of our 
committee, and on a Tuesday afternoon was going to be voted on at 2:15, 
the Republican caucused on Ronnie White, and without any information to 
any of the members of the Judiciary Committee, came here, after 
distorting and misrepresenting his position, and voted unanimously--
every single Republican--against him, without any notification, serious 
distorting, and misrepresentation of his outstanding record as a judge.
  Talk about fairness. This was after Senator Bond from Missouri had 
introduced him to the Judiciary Committee recommending the Judiciary 
Committee support him, and the Judiciary Committee did support him. But 
not behind closed doors, with distortion and misrepresentation, in an 
attempt to humiliate him. Fairness goes there, too, does it not?
  Also, I remember the case of Bill Lann Lee very clearly. There are 
many Horatio Alger stories about the struggle of parents who have 
sacrificed in order to give the opportunity for education to their 
children. But they have a hard time mentioning the extraordinary 
sacrifice of the parents of Bill Lann Lee.
  I remember the hearings on Bill Lann Lee. He had been an outstanding 
civil rights leader. Individuals on the opposite side of his cases came 
in and testified about his fairness and how he committed to the 
Judiciary Committee that he was prepared to uphold the law. But not 
according to the Judiciary Committee and to the majority of the 
Judiciary Committee. They refused to let him go ahead and get confirmed 
and let the President of the United States have his own person, his own 
man in this case, to be the head of the Civil Rights Division.
  It is not just numbers; it is how people are treated. I would hope we 
could get about the business in trying to find a way to work together. 
I was surprised--I don't know whether the Senator was surprised--to 
read in the newspaper, and I don't know if it is accurate, about how a 
principal Presidential adviser indicated they were prepared to take up 
what they consider a challenge by the Judiciary Committee and continue 
to nominate individuals who were going to be representative of a 
particular philosophy.
  If we are trying to talk about fairness, trying to talk about 
balance, trying to talk about quality in the Federal judiciary, I don't 
know if the Senator finds it perplexing we have representatives of the 
party talking about fairness, and at the same time principal advisers 
of the President of the United States are evidently giving reassurances 
to, in this case the Washington Post, saying to individuals: Not to 
worry; the administration will continue to support very conservative 
nominees.
  I ask unanimous consent to have this article from the Washington Post 
printed in the Record.
  There being no objection, the article was ordered to be printed in 
the Record, as follows:

               [From the Washington Post, Mar. 20, 2002]

        Rove to Group: Bush to Press for Conservative Judiciary

                 (By Alan Cooperman and Amy Goldstein)

       As the Senate Judiciary Committee was voting Thursday 
     evening to reject U.S. District Judge Charles W. Pickering 
     for an appellate court position, presidential adviser Karl 
     Rove was telling an influential Christian political action 
     group that President Bush would continue to nominate 
     conservatives as federal judges.
       ``We're not going to have a pleasant day today [in the 
     Senate],'' Rove told the Family Research Council at the 
     Willard Hotel, according to a tape recording given to The 
     Washington Post by an attendee. ``. . . This is not about a 
     good man, Charles Pickering. This is about the future. This 
     is about the U.S. Supreme Court. And this is about sending 
     George W. Bush a message that `You send us somebody that is a 
     strong conservative, you're not going to get him.'
       ``Guess what?'' Rove added. ``They sent the wrong message 
     to the wrong guy.''
       In addition to sounding a defiant note on judicial 
     nominations, Rove's speech set out a broad agenda for 
     cooperation between the administration and the Christian 
     right.
       ``There'll be some times you in this room and we over at 
     the White House will find ourselves in agreement, and 
     there'll be the occasion when we don't. But we will share a 
     heck of a lot more in common than we don't. And we'll win if 
     we work together far more often than the other side wants us 
     to,'' Rove told the group of about 250 Christian political 
     activists from around the country.
       During the speech and subsequent question-and-answer 
     session, Rove promised that the white House would push 
     welfare reforms that encourage families and marriage.
       He also said the administration would try to find ways to 
     support crisis pregnancy centers that counsel women against 
     abortion. And he predicted a battle in the Senate over 
     administration-backed proposals to ban human cloning. ``The 
     other side is winning the P.R. war'' to permit laboratory 
     cloning for medical research, he said.
       Rove referred to the Senate's action on Pickering's 
     nomination as a ``judicial lynching'' and said the blocking 
     of such nominees ``needs to be the issue in every race around 
     the country for the United States Senate.''
       Senator Patrick J. Leahy (D-Vt.), chairman of the Judiciary 
     Committee, has denied

[[Page 3762]]

     that the panel is out to block Bush's judicial selections, 
     noting that it approved 42 nominees to federal courts before 
     it rejected Pickering.
       Leahy also said the panel had conducted more hearings and 
     votes on federal judgeships since Democrats assumed a 
     majority in the Senate last year than the GOP-led Senate did 
     during the entire Clinton administration.

  Mr. KENNEDY. I am interested in any reaction of the Senator.
  Mr. SCHUMER. I thank the Senator from Massachusetts for, as always, 
being right on target. The Senator makes two very good points that I 
share.
  No. 1, it seems we are supposed to remember history. The other side 
would like us to forget about everything that happened in 1998, 1999, 
and 2000 and say: Forget all that; just go forward.
  Unfortunately, we are left with the burden of going forward based on 
what happened in the past, based on the fact the bench was empty 
because there were certain people who did not meet certain criteria; 
based on the fact, as the Senator from Massachusetts mentions, there 
was not a process in certain instances--no fault of our good friend 
from Utah.
  The case of Ronnie White was one of the more appalling cases I have 
witnessed in my 22 years in the Congress, in the House and the Senate. 
It seems there is a whole new standard. What is so ironic, the second 
point the Senator from Massachusetts made, we could easily come to 
agreement if we work in a bipartisan way. Let's not fool anybody. We 
have not been consulted. We have not been asked for advice. We have not 
been talked to about where judges should be. It is, instead: Here is 
the group and you must rubberstamp them. That is not what the Founding 
Fathers intended.
  Most Americans would agree the President and our colleagues from the 
other side would nominate judges to the right of the mainstream, and we 
might like judges somewhat to the left of the mainstream. Doesn't it 
make sense if we consulted we would come together in the middle? It 
seems to be the view of the other side, all of a sudden--not a 
consistent view, not a view held for the last decade or two, but all of 
a sudden--unless you find a judge who has engaged in some kind of 
egregious conduct, you must approve them. I object to that and I thank 
the Senator from Massachusetts for bringing this up.
  It is perfectly fair to ask people about their judicial philosophy. 
This is the third position of our government. It is as important as any 
of the others. We do not just rubberstamp people. The only time in our 
history when there has not been this kind of debate is when both sides 
were intent on nominating moderate judges, such as in the Eisenhower 
administration. But otherwise, in the late 1960s, early 1970s, there 
were judges way to the left and people on the other side said bring it 
to the middle. That was fair. We are saying the same thing now.
  I just ask my good friend from Massachusetts who has so much 
experience, doesn't it seem logical that if we were consulted, we would 
not get everything we wanted; if there was advice as well as consent, 
that we would come up with moderate, mainstream judges--to the middle, 
that we would move them quickly, that the process would be truly 
bipartisan, instead of the hard right talking to the far hard right and 
deciding that is a compromise?
  Mr. KENNEDY. The Senator is absolutely correct. We have seen examples 
where we have worked together. I can think of the area in which I have 
been most involved, working with the administration on education 
reform. We have seen other actions out here--the bioterrorism effort, 
and just recently working together in our committee--the Senator is a 
Member--on the whole reform of the immigration system. We have a strong 
bipartisan effort. We have lines of communication. We do not get 
everything we need, but that is the way it works.
  I daresay our judiciary ought to be the No. 1 area where we are 
working together because of the key aspect, the protection of the basic 
and fundamental liberties that are enshrined in the Constitution, 
ultimately rests with the judiciary. That ought to be the prime example 
of working together. History has given us those examples.
  What we find distressing is, now, the report of Mr. Rove to a group:

       Bush to press for conservative judiciary.

  It isn't we are going to be pressing for the best qualified members 
of the judiciary. It isn't going to be the ones who can serve the 
public best. This is the kind of view that is evident within the 
administration.
  I regret that. I think the Senator has outlined, really, the way we 
should proceed. I want to give him the assurance--I know the Senator 
from New York feels this way, and we see the Presiding Officer, the 
Senator from North Carolina, a member of the Judiciary Committee--we 
all want to try to get in the courts well-qualified individuals who 
have a fundamental and core commitment to constitutional rights and 
liberties.
  I thank the Senator and appreciate his comments.
  Mr. SCHUMER. I thank the Senator from Massachusetts.
  We really hope, on our side, we can work together. We do want to be 
bipartisan. I think every time the President has reached out his hand, 
we have tried to move in the direction that brings us to the middle.
  Somehow on judicial nominations it is different. I don't know why it 
is different. Maybe my good friend from Utah would recognize why it is 
different. I don't know. But he must know that on the Judiciary it is.
  I, for one, have no litmus test at all. As I mentioned, I am willing 
to see balance on the Court. That means some judges to the right and 
some judges to the left and many in the middle; it is not all over to 
one side.
  President Bush told us he picked judges in the mold of Scalia and 
Thomas. If you look at the nine members of the Supreme Court, those are 
the two furthest to the right. One or two Scalias or Thomases, that is 
one thing. A bench of nine of them, that is not what Americans wanted 
in the election of 2000. The electorate was moderate and voted towards 
the middle. A bench filled with conservative judges is not what is in 
the mainstream of this country. It is unacceptable.
  I worry that the administration is willing to take casualties in this 
fight. They will send up waves of Scalias and Thomases. If one of them 
gets shot down, there will be another one. It is a small price to pay. 
They still win and stack the courts. I, for one, don't believe that is 
the way we should proceed.
  Our country is divided ideologically. The mainstream is right in the 
middle, as it almost always is. There are periods when it is further to 
the right or left--it is not right now. The Presidential election 
showed that.
  We had two presidential nominees, neither of whom was at the far end 
of their party--both probably in the middle of their parties--and the 
election was as close as could be. The American people were not saying 
give us people on the bench way over to the right--in the 10 percent 
most conservative; they were saying move to the middle.
  Again, there has been no consultation with us, no desire to meet us 
part of the way--as there is on education, and has to be on budget. 
Rather, the Administration sends us wave after wave of people way over 
to the right.
  It is not going to create harmony. It is not going to create comity. 
It is not going to create a full bench. And it is not going to create a 
fair bench. It is going to give many of us no choice than to vote 
``no'' more often than we would like.
  I was at the Supreme Court last week addressing the Judicial 
Conference of the United States. I spoke to Justice Rehnquist. He was 
sitting next to me and to other Judges there. I stated my message, and 
I think it must be repeated.
  Our courts are in danger of slipping out of balance. We are seeing 
conservative judicial activism erode Congress' power to enact laws that 
protect the environment and women's rights and workers' rights, just to 
name a few. Like at almost no other time in our past, we are seeing a 
finger on the scale that is subtly but surely altering this

[[Page 3763]]

balance of power between Congress and the courts. It is not good for 
our Government, it is not good for the country, and it should stop.
  Moderate nominees, who are among the best lawyers to the bar--the 
best nominees the bar has to offer--are being confirmed rapidly. The 
committee has voted in favor of 42 of them in just 8 months. I can tell 
you for me, as chairman of the Subcommittee on Courts, it is a heck of 
a lot easier to rapidly confirm nominees when almost everyone agrees 
that a nominee is legally excellent and ideologically moderate. When 
issues of diversity are properly accounted for, we move forward hand in 
hand together.
  The debate in the Chamber doesn't do anything to solve the problem we 
all agree is facing our courts. I agree we have to do better. But doing 
better doesn't mean an administration that nominates without 
consultation and thinks that our job should be just to rubberstamp 
them, pass them through, or give them some kind of ethical check and 
nothing else. That is not how it is. That is not how it was. That is 
not how it is going to be.
  That leads to my final and fifth point. I think the rhetoric here 
sometimes gets out of hand. Each side has views that are firmly held. 
That is why compromise in coming to the middle is important. But 
anytime that we on this side vote against a nominee the President has 
put forward, we are accused of playing politics, or even that we are 
not voting for what we believe is right, but because some evil, 
malicious groups out there are exerting too much pressure. Groups that 
support the nominees, the Christian Coalition, for instance, they are 
great. They are exercising their constitutional right. But a group like 
the NAACP, that is against a nominee, is exerting too much pressure.
  Come on, that is not where this debate ought to be.
  How about this idea that we are holding up nominees because we have 
asked for unpublished opinions? For Judge Pickering, the vast majority 
of his opinions, huge numbers, were unpublished.
  Let's take it the other way. Let's say we would not have asked for 
his opinions. Let's say we had not spent weeks reviewing them, as we 
should do with a lifetime appointment to the court of appeals. Everyone 
in this Chamber knows what would have happened. We would have been 
accused of voting against the nominee without even reviewing his 
record.
  To suggest there is something wrong with doing a thorough review of a 
nominee's record is to suggest that either we just rubberstamp 
confirmations or simply make up our minds on the basis of politics and 
party and not the record.
  The irony is, of course, that some of my friends who are leveling 
these complaints are the same folks who requested that Clinton nominees 
not just go over their records, their judicial and legal records, but 
how they voted as private citizens in statewide referenda. These are my 
same colleagues who criticize us for saying ideology is relevant. I do 
not get that.
  They want us not to review all the opinions of a nominee, but when 
the nominees were nominated before, they wanted even to know their 
private voting records.
  Last summer, getting to my conclusion here, I called for us to be 
more open and honest about how we handle judges. I said we should take 
judicial philosophy and ideology out from under the rug. I said we 
should stop playing ``gotcha'' politics and start saying what we are 
really thinking, so if one side is opposed to a judge but they don't 
want to say they are opposed to his record, they don't go look and see 
what he did 30 years ago and look for some minor, certainly forgivable 
transgression.
  If ideology didn't matter, how come most of the votes on most of the 
controversial judges, where supposedly it was something somebody did 30 
years ago--sometimes it is all the Republicans who think that 
transgression was terrible and that judge should be voted down, and the 
Democrats think, oh, no, it is fine. Then the opposite occurs, and then 
the Democrats say: Oh, that transgression is horrible.
  If the votes were evenly scattered throughout our philosophical views 
and in our party, then fine. But they aren't. We know what is going on 
here. We ought to do it out in the open.
  I am proud to say that judicial philosophy and ideology will 
influence my vote. It is not a litmus test, but it certainly is part of 
nominating and considering a judge.
  To do that, we have to investigate records and hold hearings where 
tough questions but fair questions are asked and where nominees have 
the chance to tell their side of the story.
  I chaired the first hearing on Judge Pickering. I was there for the 
second hearing. Every Senator had a chance to ask every question he or 
she wanted. Judge Pickering was given every opportunity to answer those 
questions. The process was fair, and the process worked.
  I understand there is a lot of tension around here about that vote. I 
understand that some feelings were hurt. That doesn't make me happy. I 
would like to be able to vote for every single judicial nominee who 
comes before us. But we have an awesome responsibility here. We do the 
Nation's work.
  I couldn't be more proud to be a Member of this august body. I look 
at my friends, such as the senior Senator from West Virginia, Mr. Byrd, 
and the senior Senator from Utah, Mr. Hatch, and the majority leader 
and minority leader. And I see the best the Nation has to offer--fine 
Senators, all of them. I see Senators who want to bring honor to this 
institution. As we go forward with these confirmation hearings, we need 
to do better ourselves to respect the traditions of this body.
  It is my profound hope that we will continue to hold hearings, that 
we will continue to be careful, that we will continue to fully review 
nominees' records, that we will continue being honest about why we are 
voting the way we are voting, and also that we can dampen the rhetoric 
and respect the way each of us approaches these votes.
  Thank you, Mr. President. I yield the floor.
  The PRESIDING OFFICER. The Senator from Utah is recognized.
  Mr. HATCH. Mr. President, I have been listening to my colleague. It 
has been very interesting to me. Of course, they brought up Ronnie 
White. Ronnie White was voted out of the committee. His nomination was 
at least brought to the floor where he had a vote. Both of his home-
State Senators voted against him. Under those circumstances, it is 
pretty hard to say that other Senators were acting improperly in 
supporting the home-State Senators. I can tell you right now that when 
two Senators from any State fail to return a blue slip for a district 
court nominee, that is basically the end of that district court 
nominee. If they were split, that nominee might come to the floor. I do 
not know if that is the position the current Judiciary Committee is 
taking. But at least White had a vote.
  Judge Pickering didn't even get that. I think the reason was that 
Judge Pickering would have been confirmed on the floor because he is a 
fine man. Everybody knows it.
  To bring up Bill Lann Lee, who was not a lifetime appointment, seems 
to me goes a little bit far here. I like him. He is a good man. I would 
have supported him for any other position. But he was a recess 
appointment. I predicted that one reason we couldn't support him was 
that he said he was against race-based quotas. Yet his whole experience 
in California had been built upon bringing actions against 
municipalities and other bodies on behalf of the organization he 
represented. The municipality either had to spend millions of dollars 
in defending itself, even though they probably would have won in the 
end, or they would have to settle the case. And guess what? Race-based 
quotas would be imposed upon them.
  So some of the defendants just settled the case to get rid of the 
extra expenses they did not want to go through. That is the way it is 
done.
  I predicted he would use the Civil Rights Division to do exactly 
that. I think, of course, there was more than a better case that he 
would do exactly

[[Page 3764]]

what he did. That doesn't negate the fact that he is a terrific human 
being and somebody for whom I personally care. But we are talking about 
a volume of law.
  Again, I come back to all the screaming and shouting about how badly 
Clinton judges were treated. Reagan, the all-time champion with 382 
confirmed judges, had 6 years of a Republican Senate. Clinton had 5 
fewer, 377 judges, and with 6 years of a Republican Senate, the 
opposition party.
  Where is the argument? I have to say this: We never had 112 vacancies 
at the end of a session. We never had 95 vacancies at the end of the 
session, which is where we are today--95 vacancies.
  Let me go a little bit further. I truly do love the Senator from New 
York. We all laughed in committee because he said he loved me and I 
said I loved him. He is a fine man, and he is a very good advocate. I 
respect him. His argument is that we should go right to the middle and 
we should just appoint moderates.
  I have to tell you that if that had been the rule when President 
Clinton was President, we wouldn't have many Clinton judges on the 
bench today. They weren't exactly moderates. Some were. Some in the 
Bush administration--in fact, probably a majority will be moderate 
nominees.
  To say that you can't have a liberal on the bench, or you can't have 
a conservative on the bench, or someone in the mainstream just because 
one side or the other doesn't want him or her, I think is wrong. 
Admittedly, we have right-wing groups come in here and start demanding 
that I stop all these judges. I told them to get lost. I would like to 
see the Democrat side tell those liberal, left-wing groups to get 
lost--not that they cannot speak out in this country; of course, they 
can. But when they start character assassinations as they did with 
Judge Pickering, I think they ought to be told to get lost. Whenever 
conservative groups did it, I told them to get lost.
  The Senator from New York said the White House has not consulted with 
Democrats about judicial nominees. But I can count on the fingers of 
one hand the number of circuit court nominees of President Bush who do 
not have blue slips supporting their nominee. This goes for numerous 
States with Democrat and Republican Senators alike. Of course, Judge 
Pickering had the support of his home-State Senators. There were no 
blue slips withheld in that case. Both Senators wanted Judge Pickering. 
I think a majority of the Senate wanted Judge Pickering.
  I am not sure what kind of White House consultation my colleagues 
have in mind. Surely they are not talking about veto power over all of 
President Bush's nominees regardless of whether they are from their own 
State. This would fly in the face of the committee blue slip process 
and precedents we have always had. But that seems to be what they are 
asking for.
  If the White House doesn't come up and consult with Senators who are 
not from the State that the nominees are coming from--are they are 
using that as an excuse? The White House does have an obligation to 
consult. I have told them they have to consult, and I expect them to. I 
know Judge Gonzales and his team consult with Senators who have people 
from their States.
  Are we going to go as far as Abner Mikva went? The former 
distinguished judge on the Circuit Court of Appeals for the District of 
Columbia recently wrote an article stating that he thought President 
Bush should not nominate anyone to the Supreme Court because he really 
doesn't have a mandate; he is not really the President of the United 
States. That is like saying the Defense Department shouldn't really 
operate; that we should leave it to up to the Senate Committee on Armed 
Services to solve these problems. That is how ridiculous these 
arguments get.
  The fact of the matter is that liberal Presidents generally appoint 
more liberal judges; conservative Presidents generally appoint more 
conservative judges.
  I don't think you can categorize George Bush's judicial nominees as 
purely conservative. They have been in the middle of the mainstream. 
That doesn't mean because some are conservative that they are outside 
of the mainstream. The mainstream includes from the left to the right--
reasonable people who want to do what is right, who literally are 
willing to abide by the law, and who deserve these positions.
  The Republicans didn't take the position that we just have moderates 
in the Federal judiciary when President Clinton was President. Frankly, 
if we had taken that position, we would have been excoriated like you 
couldn't believe here in the Chamber, or, in fact, anywhere.
  The fact of the matter is that all we are asking is fairness. We have 
95 vacancies. Last May 9, we had 31 Federal Circuit Court of Appeals 
vacancies.
  Today, we have 31 Federal circuit courts of appeals vacancies--a year 
later. And we have 8 of the original 11 nominees still sitting in 
committee without a hearing, some of the finest nominees I have ever 
seen, none of whom would be categorized as far right, in my opinion, 
all of whom are in the mainstream, and all of whom have been approved 
by the ABA either with a ``qualified'' or a ``well qualified'' rating, 
and some of the most important nominees in history.
  I am also compelled to respond to a severe mischaracterization that 
some of my Democratic colleagues have perpetrated about judges. They 
have repeated that they noticed their first confirmation hearing within 
minutes of reaching a reorganization resolution in July. While 
technically true, this declaration leaves out an important fact:
  The Democrats took charge of the Senate on June 5 of last year, but 
failed to hold any confirmation hearings during the entire month of 
June.
  There is simply no basis for asserting that the lack of an 
organizational resolution prevented the Judiciary Committee from 
holding confirmation hearings in June, which is precisely what my 
colleagues have implied.
  The lack of an organizational resolution did not stop other Senate 
committees from holding confirmation hearings in June. In fact, by my 
count, 9 different Senate committees under Democratic control held 16 
confirmation hearings for 44 nominees during the month of June. One of 
these committees--Veterans' Affairs--even held a markup on a pending 
nomination.
  But in the same period of time, the Judiciary Committee did not hold 
a single confirmation hearing for any judicial and executive branch 
nominees pending before us--despite the fact that some of those 
nominees had been waiting nearly 2 months.
  What's more, the lack of an organizational resolution did not prevent 
the Judiciary Committee from holding five hearings in 3 weeks on a 
variety of other issues besides pending nominations. Between June 6 and 
June 27, the committee held hearings on the Federal Bureau of 
Investigation, charitable choice, and death penalty cases. There were 
also subcommittee hearings on capital punishment and on injecting 
political ideology into the committee's process of reviewing judicial 
nominations.
  Although several members were not technically on the committee until 
the Senate reorganization was completed, there was no reason why 
Senators who were slated to become official members of the committee 
upon reorganization could not have been permitted to participate in any 
nomination hearings. This was successfully accomplished in the case of 
the confirmation hearing of Attorney General Ashcroft, which was held 
when the Senate was similarly situated in January.
  Instead, we lost the chance to move nominees in June, not because of 
nominations over reorganization, but because of the failure of the 
Democratic leadership to schedule hearings.
  So, I would hope we can get to confirming judges, rather than 
offering excuses for why they are not--and having 31 vacancies on the 
circuits.
  Mr. President, I would like to take just a few minutes to address 
some of the comments that my democratic colleagues have made about 
Judge Pickering's nomination.
  It is no secret that two very different pictures of Judge Pickering 
emerged

[[Page 3765]]

from his confirmation battle. One picture was that of a man who took 
courageous stands against racism at times when doing so was not merely 
unpopular, but also when it put him and his family at great personal 
risk. This man endured political and professional sacrifice to stand up 
for what he believed was right. And, in his more than a decade on the 
federal bench, this man demonstrated an ability and willingness to 
follow the law even when he personally disagrees with it. This is the 
picture of Charles Pickering that I know and the picture I am convinced 
is accurate.
  The other picture of Charles Pickering that emerged was far less 
flattering. But I am just as convinced that this picture was 
groundless. It was the product of engineering by extreme left 
Washington special interest groups who are out of touch with the main 
stream and have a political axe to grind. Make no mistake about it--
these groups have their own political agenda, which is to paint 
President Bush's nominees as extremists and block them from the federal 
bench. These are the same groups who came out against General Ashcroft, 
Justice Rehnquist and even Justice David Souter, when he was nominated 
to the Supreme Court. They were all then, as they are now singing the 
parade of horribles.
  The groups are committed to changing the ground rules for the 
confirmation process. There is a new war over circuit nominees, and 
they demand that the Democrats do whatever possible to stop or slow the 
confirmation of these fine nominees. For them, the means justify the 
ends at whatever the cost--including the gross distortion of a man's 
record and character.
  The overwhelming bipartisan support we received for Judge Pickering's 
nomination from his home state of Mississippi speaks volumes about him. 
It is very telling that those who know Judge Pickering best, including 
prominent members of the African-American community in Mississippi, 
came out in droves to urge his confirmation. In contrast, those who 
most vociferously opposed his confirmation do not know him, but rather 
spent the past 7 months combing through his record for reasons to 
oppose him. They developed chain letters, mass faxes, and Washington 
position papers. Why? In the words of the leader of one liberal 
interest group, ``We think he (Judge Pickering) is an ideologue.''
  It doesn't matter to these groups that Judge Pickering had the 
qualifications, the capacity, the integrity, and the temperament to 
serve on the federal circuit court bench. He is a judge that would have 
followed the law and left the politics to the people on the circuit 
court, just as he has on the district court. But I know that is not 
what the groups want. They want activists on the bench that support 
their political views regardless of the law. That is wrong. What 
matters to them is that Judge Pickering did not meet their litmus test 
of supporting the right causes, regardless of his demonstrated 
commitment to following the law.
  Although I am deeply troubled by the smear campaign that was waged 
against Judge Pickering, I am convinced that the accurate picture of 
Judge Pickering was the one of a man who was committed to upholding the 
law and who would have been a sterling addition to the Fifth Circuit. I 
regret that the inaccurate and unfair portrait painted by people whose 
purpose is to obscure the truth rather than to reveal it persuaded my 
Democratic colleagues to oppose his nomination.
  Of course, the defeat of Judge Pickering's nomination is significant 
for other reasons as well. He represents the first judicial nominee 
defeated in committee in over a decade--in fact, since the Democrats 
last controlled the committee.
  When the Republicans were in charge of the Judiciary Committee during 
6 years of the Clinton administration, we did not defeat a single 
nominee in committee. In fact, the only Clinton nominee who was 
defeated--and who, incidentally, lacked the support of his home state 
senators--was nevertheless granted a floor vote.
  I find it ironic that a number of my Democratic colleagues actively 
lobbied to get floor votes for Clinton nominees, yet they now have 
denied a floor vote for Judge Pickering, who has the support of both of 
his home state Senators and who would very likely be confirmed if his 
nomination received a floor vote.
  And let me talk about Judge Pickering's record. We have talked about 
ideology. The key here is that a nominee's personal or political 
opinion on social issues is irrelevant when it comes to the 
confirmation process. The real question is whether the nominee can 
follow the law.
  Last Thursday, we demonstrated that Judge Pickering has shown in his 
nearly 12 years on the federal district court bench his ability and 
willingness to follow the law.
  He has handled an estimated 4,000 to 4,500 cases, but he has been 
reversed only 26 times. This is a reversal rate of less than 1 percent. 
His reversal rate is better than the average for district court judges 
both nationwide and in the Fifth Circuit. This is a record to be proud 
of--not a reason to vote against him.
  Some of my Democratic colleagues have complained that Judge Pickering 
was reversed on well-settled principles of law in 15 cases where he was 
reversed by the Fifth Circuit in unpublished opinions. This argument is 
nonsense. Circuit courts reserve publication for the most significant 
opinions. Reversal by unpublished opinion means that the district judge 
made a run-of-the-mill mistake. In other words, nobody's perfect--not 
even federal judges. They do get reversed on occasion. The bottom line 
is that there is simply nothing remarkable about Judge Pickering's 26 
reversals.
  I suspect that many of my colleagues' misperceptions about Judge 
Pickering's record as a district judge stem from the gross distortion 
of that record by the liberal special interest groups. For example, one 
often-cited area of concern is Judge Pickering's record on Voting 
Rights Act cases. But the bottom line here is that Judge Pickering has 
decided a total of four such cases. The only one that was appealed 
involved issues pertaining solely to attorney's fees. None of the other 
three cases--Fairley, Bryant, and Morgan--was appealed, a step that one 
can reasonably expect a party to take if it is dissatisfied with the 
court's ruling. Moreover, the plaintiffs in the Fairley case--including 
Ken Fairley, former head of the Forrest County NAACP--have written a 
letter to the committee in support of Judge Pickering's nomination.
  Another case my colleagues have complained about is the Swan case. 
But there, Judge Pickering was rightly concerned that Swan's co-
defendants--one of whom had a history of racial animus and had fired a 
gun into the victims' home--got off with a relative slap on the wrist 
while Swan faced seven years' incarceration. As one legal ethics expert 
noted, ``Judge Pickering was clearly concerned that no rational basis 
had been demonstrated for the widely disparate sentencing 
recommendations in Swan. Without such a basis, justice does not appear 
to be unbiased and non-prejudiced.''
  Judge Pickering's qualifications are also reflected in his ABA 
rating, which some Members of the Committee have referred to as the 
gold standard in evaluating judicial nominees. The ABA, of course, 
rated Judge Pickering well qualified for the Fifth Circuit.
  I also find it ironic that many of the complaints that Judge 
Pickering's opponents have lodged against him pertain to events that 
occurred before he became a federal district court judge--a position 
for which he was unanimously confirmed by both this committee and the 
full Senate.
  In any event, I fear that the smear campaign we saw waged against 
Judge Pickering was only a warm-up battle for the ideological war the 
liberal interest groups are prepared to wage against any Supreme Court 
nominee that President Bush has the opportunity to appoint.
  I stood up to conservative special interest groups who tried to 
influence the committee while I was chairman, and I will continue to 
stand up to liberal special interest groups who seek to

[[Page 3766]]

defeat President Bush's judicial nominees now. I urge my Democratic 
colleagues to join me in this effort.
  Thank you, Mr. President. I yield the floor.
  The PRESIDING OFFICER (Mr. Carper). The Senator from Arizona.
  Mr. KYL. Mr. President, I thank the distinguished ranking member of 
the Judiciary Committee for yielding some time to me. I think the 
points he makes are well taken.
  I would like to get back to the basic resolution that is before us. 
It is a very simple resolution that says that we should at least have 
hearings in the Judiciary Committee on the nominees for the circuit 
courts that have been pending the longest, since May 9 of last year, 
that we should at least have a hearing on those nominees before the 1-
year anniversary of their nomination.
  That is eminently reasonable. I suspect that all 100 of us will vote 
for that sense-of-the-Senate resolution.
  That is going to, then, require us to do some things to ensure that 
those hearings, in fact, can be held. I can think of no reason why 
anyone would oppose the scheduling of hearings on these eight 
distinguished nominees a year after their nomination.
  But I think the comments, primarily of the Senator from New York, 
have really put into perspective what this debate is all about. He has 
made three basic points, all of which are departures from past 
precedent. The reason this is important is because it provides the 
reasons why many Members on the other side of the aisle have supported 
the chairman of the Judiciary Committee in not holding hearings, in not 
voting on nominees, and in not allowing the full Senate, as a result, 
to vote on nominees to the circuit courts of appeals.
  One cannot argue about the qualifications of these nominees.
  So there have been three reasons posited by the Senator from New York 
as to why it is fair not to hold hearings and not to have votes on 
these nominees of the President for the circuit courts.
  The first reason is, as Senator Hatch pointed out, totally 
unprecedented. It is the notion that somehow or other the President has 
to consult with all of the Senators from the circuit before nominating 
someone to that circuit court of appeals.
  It has been traditional for the President to consult with the 
Senators from the State from which the nominee comes but not all of the 
other States. There are 13 States in the Ninth Circuit Court of Appeals 
where Arizona is. I was never consulted by President Clinton on any of 
the nominees from California or Oregon or Washington or Nevada. And I 
would not have felt the right to be consulted.
  The only one I asked to be consulted on was the nominee from Arizona. 
President Clinton did consult with me on that individual, and we 
reached an agreement on a nominee he nominated. I supported that 
person, a Democrat, appointed by President Clinton, whom I think is one 
of the finest members of the Ninth Circuit Court of Appeals. But I 
would have been shocked if he called me and said: Jon, what do you 
think about this candidate from Washington State? That has never been 
the case.
  So for one of the Senators from New York to stand here and say that 
we are not going to move forward on these nominees until the President 
begins consulting with all of the Senators from the circuit is wrong. 
It is an abuse of power. It is not the way it has been done in the 
past, and it should not provide an excuse for us to withhold action on 
these nominees.
  Second, the Senator from New York has suggested that this is really 
about politics, that the President's nominees are too ideologically 
conservative. The Senator from New York said President Clinton 
nominated all moderates. Well, that will be news to some of my 
conservative friends who did not view all of President Clinton's 
nominees as all that moderate. Some were; some were not. I supported 
some; I did not support others.
  I guess I will not read the names here, but I look at the Ninth 
Circuit nominees and all of the ones who were confirmed since I have 
been in the Senate--1, 2, 3, 4, 5, 6, 7,8, 9, 10, 11, 12, 13--13 
circuit court judges confirmed. Some of those were liberals. And I 
supported some of those liberals, others I did not. That is all right. 
President Clinton got elected President; I did not.
  Well, President Bush got elected President. And I don't think the 
definition of ``mainstream'' by the Senator from New York is a better 
definition than the definition of the President of the United States, 
George Bush, in terms of the qualifications of judges to represent this 
country.
  I know my view of the political spectrum and that of the Senator from 
New York are very different. What he would call moderate I would 
probably call something else, and vice versa. So we are on a slippery 
slope if Senators begin to define the terms of a President's nominees 
with respect to their politics on an ideological spectrum and maintain 
that they have the right to withhold action on those nominees if they 
do not fall within what a particular Senator characterizes as 
``mainstream.''
  The Senator from New York said many of President Bush's nominees 
``suggest extreme ideological agendas.'' All right, here is my 
challenge to that Senator or any other Senator:
  What is it about John G. Roberts of Maryland, who was nominated on 
May 9, 2001, by President Bush, to the DC Circuit Court of Appeals, 
that suggests an extreme ideological agenda?
  What is it about Miguel A. Estrada of Virginia, who was nominated on 
May 9, 2001, by President Bush, to serve on the DC Circuit Court of 
Appeals, that suggests an extreme ideological agenda?
  What is it about Michael W. McConnell of Utah, who was nominated to 
the Tenth Circuit on May 9, 2001, by President Bush that suggests an 
extreme ideological agenda?
  What is it about Jeffrey S. Sutton of Ohio, who was nominated to the 
Sixth Circuit on May 9, 2001, by President Bush that suggests an 
extreme ideological agenda?
  What is it about Deborah Cook of Ohio, nominated to the Sixth Circuit 
on May 9, 2001, by President Bush that suggests an extreme ideological 
agenda?
  Or what is it about Priscilla Richman Owen of Texas, nominated to the 
Fifth Circuit on May 9, 2001, or Dennis Shedd of South Carolina or 
Terrence Boyle of North Carolina--both nominated to the Fourth Circuit 
Court of Appeals on May 9, 2001--that suggests an extreme ideological 
agenda such that they are so disqualified that we should not even hold 
a hearing on their nominations?
  There is an element of comity that this body owes to the President of 
the United States when he nominates people to the circuit courts of 
appeals to represent the people of this country. Comity at least 
requires that we have a hearing on these nominees within a decent 
period of time. Certainly, no one can argue that letting them sit for 
over a year is not plenty long enough to analyze everything there is to 
analyze about them, and then to begin the process for their 
confirmation.
  So I suggest that when the Senator from New York or my other 
colleagues on the other side say that a nominee has to pass an 
ideological test in their eyes or they are not even going to give them 
a hearing, it is time for the people of this country, and it is time 
for the news media of this country to rise up and say: That is wrong, 
and you cannot fulfill your responsibilities of providing advice and 
consent under the Constitution to the President if you are not willing 
to even consider the nominees of the President by holding a hearing a 
year after they have been nominated.
  I think when those on the other side say this isn't about 
retribution, and then immediately begin citing all of the statistics 
about how they believe some of President Clinton's nominees were 
treated unfairly, it is about retribution. In effect, they have made it 
about retribution and politics. You have to either be a moderate in 
their eyes or they have to finally feel good about getting even to such 
an extent that somehow or other the scales are balanced now, they have 
gotten their pound of flesh, they have withheld action on a sufficient 
number of nominees that now they are willing to move forward.

[[Page 3767]]

  I can't ascribe that motive to any of my colleagues on the other side 
of the aisle. It would be so outrageous to contemplate. But that 
appears to at least have crept into the rhetoric of some when their 
primary point about not holding hearings on President Bush's nominees 
is that they think some of Clinton's nominees were treated unfairly.
  Just how many circuit court nominees of President Clinton were 
treated unfairly in this manner? How many do we have to withhold from 
President Bush before the scales are balanced? And in any event, are 
any of them willing to stand up and say that is a justification for not 
even holding a hearing on President Bush's nominees? If so, I would 
like for them to come forward and do that.
  Let me conclude by making this point as clearly as I can: We will 
have before us this afternoon a resolution that simply says we should 
hold a hearing in the Judiciary Committee on the eight circuit court 
nominees of President Bush by May 9, 2002, before the 1-year 
anniversary of their nomination. In other words, wait a year and then 
at least have a hearing on these eight nominees. Is that too much to 
ask? I hope my colleagues will recognize that some of them have gone 
too far in attacking the President's nominees on ideological grounds 
and attacking his nominees on the basis that President Clinton was 
treated unfairly and, as a result, there is a justification for 
treating President Bush's nominees unfairly as well.
  I hope that is not the basis for inaction, and I hope the circuit 
court nominees will be treated just as fairly as the district court 
nominees have been treated and that we can get a hearing on them and 
then eventually bring them to the floor for a vote.
  The American people deserve no less. President Bush deserves no less. 
And frankly, justice in the United States requires that much.
  The PRESIDING OFFICER. The Senator from Oklahoma.
  Mr. NICKLES. Mr. President, I thank my colleague from Arizona for his 
comments. I echo those remarks, particularly in regard to the litmus 
test our colleague from New York was talking about. That is not the way 
we have confirmed judges in the last 20 years I have been here. I hope 
we are not going to come up with ideological litmus tests. If that is 
the case, we are changing the entire confirmation process.
  I hope my colleagues will step back and think: We may have a change 
in leadership in the Senate. Are we going to change the policies of 
confirmation of judges as dramatically as proposed by the Senator from 
New York? I hope not. It would be a serious mistake.
  We need to change and improve the way we handle judicial nominations, 
particularly circuit court nominations. I compliment Senator Leahy, who 
has moved through several district court nominations. President Bush 
has nominated 62 for the district court. We have confirmed 35. That is 
56 percent of President Bush's district court nominations. We have been 
moving through on those fairly quickly. I extend my compliments. We 
have made good progress.
  The real problem has been on circuit court nominations. For whatever 
reason, the Senate has not worked there. The Judiciary Committee has 
not worked. We have confirmed 7 out of 29. Unfortunately, Judge 
Pickering was defeated last week. So we have now dealt with 8 out of 
29. Twenty-four percent of President Bush's circuit court nominees have 
been confirmed. That means three-fourths have not been confirmed. In 
fact, most of those individuals have not even had a hearing.
  Eight individuals who were nominated in May of last year have not 
even had a hearing. They are outstanding individuals, as you may see 
while I talk about some of their qualifications. My point is, we should 
treat judges fairly, whether Democrats are in control of the Senate or 
Republicans are in control and whether a Democrat or Republican is in 
the White House.
  I looked back at the last three Presidents. On circuit court 
nominees, Ronald Reagan had 95 percent of his circuit court nominees 
confirmed in his first 2 years, 19 out of 20. President Bush had 22 out 
of 23 confirmed; again, 95 percent. President Clinton, 19 out of 22 
circuit court nominees were confirmed in his first 2 years. But yet 
President Bush to date only has 7 out of 29. A majority of the 
remaining, 20 in fact, have not even had a hearing. That is not right. 
Many of those individuals were nominated almost a year ago. There is no 
good reason they have not had a hearing.
  We need to move forward. Some of these individuals are as well-
qualified as anybody you will find anywhere in the country. To think 
they were nominated in May of last year and haven't even scheduled a 
hearing makes you wonder what is going on. It is not like we haven't 
tried. I know every Republican Senator has written a letter to Senator 
Daschle and Senator Leahy saying: We want hearings on some of these 
individuals. But we haven't been successful. I think we need to treat 
these nominees fairly, regardless of who is in power, Democrats or 
Republicans, regardless of who is in the White House. I am embarrassed 
for the Senate when we have something such as this, only 7 out of 29, 
and 20 of 29 haven't even had a hearing. That is not right.
  You have individuals such as John Roberts who is nominated for the 
circuit court of appeals for the District of Columbia. He graduated 
from Harvard College, summa cum laude, in 1976; received his law degree 
magna cum laude in 1979 from Harvard Law School. He is managing editor 
of the Harvard Law Review. He has presented arguments before the U.S. 
Supreme Court 35 times. An individual in the private sector has argued 
before the Supreme Court 35 times. He is nominated to be on the 
district court for the DC Circuit Court of Appeals. I think he is 
entitled to a hearing. He is a well-qualified attorney. We have 
Democrats and Republicans alike testifying he would be an outstanding 
circuit court judge.
  Miguel Estrada, also nominated to be on the DC Circuit Court of 
Appeals. He is a partner in the DC law office of Gibson, Dunn. He has 
argued 15 cases before the U.S. Supreme Court. It just so happens he 
has a very interesting personal history. He emigrated from Honduras. He 
got his JD degree magna cum laude from Harvard Law School, and he is 
also editor of the Harvard Law Review. He has a bachelor's degree magna 
cum laude, Phi Beta Kappa from Columbia College in New York.
  These two individuals, two of the most accomplished nominees anywhere 
in the country, have yet to have a hearing. Yet they were nominated in 
May.
  The chairman of the Judiciary Committee has told me on a couple of 
occasions we will have a hearing for Miguel Estrada. We are still 
waiting. I think we have waited long enough.
  I could go through each of these individuals. Terrence Boyle, I 
remember him when he worked in the Senate. He presently is chief judge 
of the U.S. District Court for the Eastern District of North Carolina. 
He has achieved an outstanding record in that. I had hoped we would 
have a hearing for Judge Boyle.
  Michael McConnell, nominated for the U.S. District Court of Appeals 
for the Tenth Circuit, he happens to be a presidential professor at the 
University of Utah College of Law and is supported by my friend and 
colleague, former chairman of the Judiciary Committee. This fact alone 
says he ought to have a hearing.
  What happened to the tradition in the Senate where we respect 
individual Senators, members of the committee and members of 
leadership? I am still aghast at what happened last week. I cannot 
imagine what we did last week. Never before in my tenure in the Senate 
would we defeat a Republican leader's nominee. We wouldn't defeat a 
Democratic leader's nominee. It is just not done. We wouldn't defeat 
the nominee of the ranking member of the Judiciary Committee or even 
hold them up because of tradition, the fact that we want to work 
together.
  I haven't seen the respect in this institution, and that disappoints 
me. We have to have respect for individual Members. We haven't shown 
that respect, certainly when it comes to circuit court nominees.

[[Page 3768]]

  I could go on. There are eight outstanding individuals. President 
Bush is to be complimented on nominating several superb individuals. 
These people are well accomplished leaders in the legal profession. 
They deserve a hearing.
  One is Priscilla Owen, nominated for the Fifth Circuit. She has 
worked in Texas. She got her B.A. cum laude from Baylor University and 
graduated cum laude from Baylor Law School in 1977. I could go on and 
on.
  Mr. President, these individuals, men and women, minorities, are 
entitled to have a hearing. There are two resolutions that we have--The 
Republican resolution says they shall have a hearing by May--in other 
words, within a year of being nominated. The Democrat resolution says 
they will be handled expeditiously. I urge my colleagues to support 
both of them, and I hope they will be handled expeditiously and I hope 
all will have hearings by May.
  Let's treat these outstanding individuals like the Presidential 
nominees they are, with the respect of the office of the President in 
making these nominations. These individuals I have alluded to are to 
the circuit court. Some people have acted like this is district court 
in my State and the tradition of the Senate is I have a veto over 
anybody in the circuit court. That is not the tradition of the Senate. 
It is that individual Senators have a great deal of influence and 
advice and consent for nominations in their own State for district 
court, but not circuit court. Circuit court applies to many States.
  I am embarrassed for the Senate for the fact that we have 8 vacancies 
on the Sixth Circuit Court of Appeals--8 out of 16. Half of the court 
is vacant because 1 or 2 Senators are not happy about something that 
happened maybe years ago, so we are going to penalize all the States 
that are involved in the Sixth Circuit. That is wrong. We are holding 
up 7 nominees right now, who have yet to have a hearing, who have been 
nominated by President Bush to fill vacancies in the Sixth Circuit 
Court of Appeals.
  That is wrong. It is wrong for the President and wrong for the system 
of justice. So it needs to be remedied. I urge my colleagues, before 
people start--the press has been asking me what kind of retribution 
there is going to be. I don't want that ``that is the way you treated 
our judge, so we are going to treat your judge that way.'' I don't want 
to play that game. I want to treat nominees with respect and do it 
whether we are in the majority in the Senate or in the minority, or 
whether the President is in my party or not. I want to treat these 
nominees with respect and give them the courtesy of a hearing, without 
undue delay, and maintain the tradition of the Senate, where each 
President has been getting 90-some percent of their nominees.
  Granted, I understand the statistics game. Well, in President 
Clinton's last year, he didn't get very many. The tradition of the 
Senate is that nominees are not usually considered in great numbers in 
the last year of their term. Then if they are reelected, they get more. 
But for President Clinton, we confirmed 377 of his judges, second only 
to Ronald Reagan, for whom we confirmed 382 judges. So both of them got 
a lot of judges confirmed. Those are lifetime appointments. That is 
pretty good. President Clinton got 129 in his first 2 years and almost 
250 in his last several years.
  Now, both had a lot of judges confirmed. If you look at Bill Clinton, 
he got 90 percent of his judges in the first 2 years, including 2 
Supreme Court nominees. President Bush 1 got 93 percent of his 
confirmed in his first 2 years, and Ronald Reagan got 98 percent of his 
judges confirmed in the first 2 years.
  The tradition of the Senate is that we do confirm circuit and 
district judges pretty rapidly in a President's first 2 or 3 years--
maybe not quite so fast in the fourth year. Fair enough. This President 
hasn't been treated fairly, in my opinion, when it comes to circuit 
court nominees. I urge colleagues, instead of playing retribution and 
looking back at President Clinton's last year, let's do this right and 
treat everybody with respect--individual Senators as well as the 
nominees. I think if we do so, the Senate will be elevated. I think the 
treatment of some of these judges, including Judge Pickering, the 
Senate was not elevated; I think it was demeaning to the Senate. And 
the way we have treated these 20 circuit court nominees has been 
demeaning to the Senate. I hate to see that happen to a person who 
served in this institution and loves it.
  One of the most important things we can do in the Senate is the 
confirmation of lifetime appointments to the Federal bench. We need to 
do it right and this year, at least on the circuit court nominees, we 
have not been doing it right.
  I yield the floor.
  The PRESIDING OFFICER. Who yields time?
  Mr. HATCH. How much time does the Senator need?
  Mr. SESSIONS. About 2 minutes.
  Mr. HATCH. How much time remains?
  The PRESIDING OFFICER. There are 5\1/2\ minutes remaining.
  Mr. HATCH. I have two others who need to speak also. Can the Senator 
do with 3 minutes?
  Mr. SESSIONS. I certainly can.
  Mr. HATCH. I yield 3 minutes to the Senator from Alabama.
  Mr. SESSIONS. Mr. President, it is not as if I would not have a lot 
to say about this subject, having observed it closely for a number of 
years. Let me say one thing about the complaint --and this is very 
important--that President Clinton's nominees were not fairly treated: 
President Clinton had 377 judges confirmed. He had one judge voted down 
by the Senate--only one judge voted down. When he left office, there 
were 41 judges not yet confirmed who had been nominated. There were 41 
left pending.
  When former President Bush left office in 1991, he had 54 judges 
pending and not confirmed. There were 54 when he left office. When 
President Clinton left office, he had only 41, and only one of his 
nominees had been voted down by this Senate. The reason he was treated 
fairly is because the chairman of the Judiciary Committee at that time, 
Orrin Hatch, treated his nominees fairly. He moved those nominees 
forward. I voted for 95-plus percent of them. There were many liberals 
in that group. Very few of the nominees were held up.
  There is a tradition here--the blue slip policy--that if a home State 
Senator objects to a nominee, they can hold him up. That is respected. 
The Democrats now come in and say this is a bad policy and they want to 
fix it. No, they want to give even more power. They are proposing 
regulations that would give a historic increase in the power of one 
Senator to block nominees.
  We have a situation in which we are now in a crisis. There are 100 
vacancies in the Federal court. Seventeen of the Federal circuit court 
vacancies have been declared judicial emergencies by the Administrative 
Office of the Courts. Fifty percent of the seats on the Sixth Circuit, 
8 out of 16, are vacant. Of the seven nominees, none have had a 
hearing.
  In January of 1998, when there were 82 Federal vacancies, the now 
chairman of the committee, Senator Leahy, stated:
  Any week in which the Senate does not confirm three judges, the 
Senate is failing to address the vacancy crisis. There were 82; there 
are 100 now. Since January of 2000, President Bush has only had 7 of 29 
circuit court nominations he submitted confirmed. One of those 
confirmed was in the first batch he sent up, and an excellent group 
they were. There was a nomination of President Clinton that had not 
been confirmed, an African American.
  President Bush resubmitted his name in a historic effort to reach 
bipartisanship here in the Senate. He has been a fair President. He 
submitted judges of utmost quality. If we need to improve the process, 
we need to look no further than asking how Senator Hatch conducted the 
committee when he was chairman.
  The PRESIDING OFFICER. The Senator's time is up.
  Who yields time?
  Mr. HATCH. Mr. President, I suggest the absence of a quorum.

[[Page 3769]]

  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. REID. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. REID. Mr. President, how much time remains with the majority on 
this amendment?
  The PRESIDING OFFICER. Approximately 30 minutes.
  Mr. REID. And how much time remains for the minority?
  The PRESIDING OFFICER. Time has expired.
  Mr. REID. Mr. President, I ask my friend from Utah, are there 
speakers on his side who wish to be heard?
  Mr. HATCH. I know Senator Hutchison wishes to speak, and I also 
believe Senator Brownback.
  Mr. REID. Does the Senator know how much time they wish?
  Mrs. HUTCHISON. Mr. President, if I may have up to 5 minutes or 3 
minutes, if that is more helpful.
  Mr. REID. On behalf of Senator Leahy, I will be happy to extend the 
Senator from Texas 6 minutes.
  Mr. HATCH. I am very grateful for the graciousness of the assistant 
majority leader. If we can have 5 minutes for the distinguished Senator 
from Kansas, I think those are the last two. I presume the leader may 
want to say a word or two.
  Mr. REID. Mr. President, on behalf of Senator Leahy, I extend 5 
minutes to the Senator from Kansas, Mr. Brownback.
  Mr. HATCH. I thank my colleague.
  The PRESIDING OFFICER. The Senator from Texas is recognized for 6 
minutes.
  Mrs. HUTCHISON. I thank the Chair. Mr. President, I thank Senator 
Leahy and Senator Reid for allowing me to speak. I did not know the 
time had expired. I very much want to make a statement on behalf of 
Priscilla Owen, the supreme court justice from Texas.
  I rise in support of Senator Lott's amendment calling on the 
Judiciary Committee to hold hearings on the U.S. circuit courts of 
appeals nominees who have been in the committee since May 9 of last 
year.
  In fact, 7 of the President's 30 circuit court judges have been 
confirmed. We will have a judicial emergency across our Nation if the 
Senate continues to delay the confirmation of these fine men and women.
  I was concerned when I saw the Wall Street Journal report last Friday 
that some Members of the Senate may target the nomination of Justice 
Priscilla Owen to the U.S. Court of Appeals for the Fifth Circuit. In 
fact, the Committee on the Judiciary in the Senate should take swift 
action on her nomination, particularly in light of the fact that Judge 
Owen was among the group of original 11 judicial nominees announced by 
President Bush on May 9 of last year.
  Justice Owen's stellar academic achievements and professional 
experience are remarkable. She earned a cum laude bachelor of arts 
degree from Baylor University. She graduated cum laude from Baylor Law 
School in 1977. When she took the Texas bar exam, which is one of the 
hardest bar exams in the Nation, she came in first. She earned the very 
highest score on the Texas bar exam that year.
  Prior to her election to the Texas Supreme Court in 1994, she was a 
partner in the Texas law firm of Andrews & Kurth, where she practiced 
commercial litigation for 17 years.
  Justice Owen has delivered exemplary service on the Texas Supreme 
Court, as affirmed by receiving positive endorsements from every major 
newspaper in Texas during her successful reelection bid in 2000.
  Justice Owen enjoys bipartisan support, and the American Bar 
Association's Standing Committee on the Federal Judiciary has 
unanimously voted Justice Owen well qualified.
  Filling judicial vacancies is a critical duty of the Senate. I hope 
we will be able to move forward. I have asked the Judiciary Committee 
to let us confirm three of the four U.S. attorneys for the State of 
Texas. The State of Texas has four judicial districts. One of our U.S. 
attorneys has been confirmed, but three U.S. attorneys remain uncon-
firmed. So we have appointed leaders in those offices where we really 
need to have permanent leaders, at least a permanent leader during this 
term, who will be able to lead the office and organize it and make sure 
we are hiring and staffing the offices in these important districts.
  One of those has the largest caseload in the United States, the 
Southern District of Texas. We need to have the prosecutors on board. 
We need to make sure the U.S. attorney who is going to run the office 
is setting the priorities for those offices. We know that our border 
districts, both the Western and Southern Districts, are the busiest 
districts in America.
  I ask that our U.S. attorneys in three of the four Texas districts be 
confirmed immediately. I had hoped we would do it before the recess 
because these three people are waiting and ready to go. All three of 
them are in Government now. They are not in private practice that has 
to be tied up. They are assistant U.S. attorneys and one is a 
magistrate. They could make the moves swiftly and begin to lead these 
offices.
  I ask the Judiciary Committee, with all due respect, to please 
expedite these nominees for U.S. attorney, particularly with Justice 
Priscilla Owen, who is a personal friend of mine, who I know to be of 
the very highest caliber. Having been appointed May 9, 2001, and not 
yet having a hearing I think is a pretty difficult situation. She is so 
well regarded by everyone who has appeared before her in court or has 
practiced law with her.
  I ask that we have a fair hearing on Justice Owen and that we be able 
to go forward with our three U.S. attorneys and Justice Priscilla Owen 
on an expedited basis.
  I thank the Chair, and I yield the floor.
  Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The senior assistant bill clerk proceeded to call the roll.
  Mr. HATCH. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator from Vermont.
  Mr. LEAHY. Mr. President, I love reading Lewis Carroll. I remember 
Lewis Carroll and ``Alice in Wonderland.'' When I hear the descriptions 
of history today and listen to some of the discussion in the Senate, it 
brings me back to when I was a child. I extend my appreciation to my 
colleagues on the other side for livening our more serious times with a 
little bit of fiction.
  They talk about how terrible it is we have some people--actually 
several of whom do not have blue slips--who have been here for several 
months and we have not had a hearing even though they know some of the 
blue slips are not in. We will be, as we go along, scheduling hearings, 
as compared to people who did have blue slips in when the Republicans 
were in charge. I think of Helene White. She waited 1,454 days. I do 
not recall a single Member of the Republican Party saying should she 
not at least have a hearing; even if we vote her down, should she not 
at least have a hearing. She did not even have a hearing or a vote in 
the committee; 1,454 days, not a word.
  We have seen the crocodile tears today. Even though we are moving 
much faster than the Republicans ever did when there was a Democratic 
President, we see these crocodile tears for people who have been 
waiting a month or 2 months or even 3 months. No recognition of course 
that for some of that time the Republicans held the Senate majority and 
for some of that time they delayed the reorganization of the Senate and 
no recognition of the numbers of vacancies and problems they left for 
us to try to remedy. But 1,454 days?
  I look at the other qualified nominees we had to wait for. There was 
another one, Fifth Circuit. H. Alston Johnson waited 602 days, no 
hearing. There was James Duffy, Ninth Circuit, 546 days, no hearing. 
And Kathleen McCree Lewis, extraordinarily competent attorney, daughter 
of one of the

[[Page 3770]]

most respected solicitors general ever in this country, she waited 455 
days and never received a hearing. There was Kent Markus of the Sixth 
Circuit who waited 309 days under the Republicans and never got a 
hearing. And Robert Cindrich of the Third Circuit who never received a 
hearing in over 300 days.
  Then there were the nominations that were held up without a hearing 
such as Judge James Beaty who waited 1,033 days, no hearing. James 
Wynn, Fourth Circuit, 497 days, no hearing. Enrique Moreno, Fifth 
Circuit, waited 455 days, never got a hearing. Jorge Rangel, the Fifth 
Circuit, 454 days, never received a hearing.
  Allen Snyder, the D.C. Circuit; now I will give them credit, he 
waited 449 days and finally did get a hearing. Of course, they never 
brought it to a vote in the committee, but he did receive a hearing. He 
and Bonnie Campbell, the former Iowa Attorney General had hearings but 
never were on the Committee agenda for a vote.
  So as I say, I enjoy fiction as much as the next person. I heard a 
great deal of it, along with the crocodile tears. It did enliven an 
otherwise slow-moving day.
  On the one hand I know there are a number of Republicans who do want 
judicial nominees to go forward. I have had a dozen or more Republican 
Senators come to me and explain the situation they had in their State 
or their circuit with a judge they needed at home. I think in virtually 
every one of those cases, certainly in most of them, within a very few 
weeks, we had the hearings on those judges. They are all Republicans. 
We held hearings on them. They cooperated in bringing them forward. We 
put them on the Committee agenda and we voted them out, put them on the 
Executive Calendar and the Senate confirmed them and every single 
Democrat voted for them--over 40 judges. They voted for them, and they 
got through.
  I remember shortly after the shift in majority last summer when we 
had nominations pending. We came to the August recess. Normally what we 
do by unanimous consent is keep the nominations here. The Republican 
leader said and objected and by Senate rule then all had to go back to 
the White House. Although we tried to keep them here, he objected. I 
was put in a bind and had no nominees whatever pending, even though I 
still held 2 days of hearings in the August recess in anticipation of 
the names coming back.
  I got criticized by the Republicans for holding hearings during the 
August recess. Members get criticized for not holding hearings 
immediately; Members get criticized for holding hearings. One 
Republican--one Republican--showed up for 1 day of the 2-day hearings 
on President Bush's nominees and we got the nominees through.
  I am looking forward to see where we are by July 10 of this year. 
That will be 1 year to the day from the time I had a fully organized 
committee and could start hearings. We held a hearing on judicial 
nominees, including a court of appeals nominee the very next day on 
July 11.
  Incidentally, instead of going--as my friends on the Republican 
side--month after month after month after month after month after month 
without even holding a hearing on President Clinton's nominees, within 
10 minutes of the time the Senate adopted a resolution reorganizing, I 
noticed the first set of hearings. They were on the calendar within a 
few weeks thereafter, notwithstanding the fact that up until July there 
was not a single hearing on any judge.
  Democrats were not in charge from the end of January until June and 
into July. It was July when we took over a committees and had assigned 
members. The Republicans while in charge did not hold a single hearing. 
Ten minutes after the Senate reorganized, we started the process to 
hold hearings.
  I mentioned what happened in the past not to say this should be tit 
for tat, by any means. I don't believe in that. The Republicans for 6 
years under President Clinton were delaying, stopping hearings and not 
even allowing nominees to have hearings and not allowing them to have 
votes in the committee. And I knew if they had a vote in Committee they 
could be voted down and that would have been the end of it. If they 
vote them up, they come to the floor. That has been the precedent and 
practice of the Committee. My concern was that they would not even give 
the nominees hearings, scores of nominees.
  Sadly, we did have one judge who they voted through the committee 
twice, and then on a party-line vote voted him down on the floor, 
including Senators who voted for him in the committee who then voted 
him down on the floor. That was done without warning, without notice 
and on the first party-line vote on the Senate floor to defeat a 
judicial nominee I can remember. Even with the other controversial 
nominations of the last several years, such as the nomination of Judge 
Bork to the Supreme Court, some Democrats voted for him and some 
Republicans against.
  I do not believe in tit for tat and have not engaged in pay back. I 
have been here 27 years, several times in the majority and several 
times in the minority. I believe we should go forward. That is why I 
have been moving much faster on judges than the Republicans ever did 
for President Clinton.
  I intend to continue to move faster. We set up a process. When we 
have a hearing, we have at least one court of appeals judge, something 
not consistently done during the time the Republicans were in charge. I 
intend to do that.
  They can try to change what the record is. They can try to change the 
history.
  I am stating what I intend to do. We are moving to hold more hearings 
than they did. We are moving faster on confirmations than the 
Republicans ever did for President Clinton. I am not going to put us 
back to the kind of thing they did to President Clinton. Ultimately, it 
damages the independence of the Judiciary.
  However, I would like to see at least a modicum of cooperation from 
the White House. If they send up judges from a circuit or State where 
they have not sought any consensus from the Senators from that State, 
of course they will have difficulty. I have been here with six 
Presidents from both parties. Every one of those Presidents consulted 
with Senators from the State where the judges came from. That does not 
mean Senators can nominate the judges; the President nominates judges. 
But they sought consensus first. When they did this, they always went 
through.
  I have already voted for some 40 conservative Republican nominees as 
judges from President Bush. I have voted for more than 120 of the 
President's executive branch nominees in the Judiciary Committee, 
ranging from U.S. attorneys to senior Justice Department officials. I 
assume the judicial nominations that we have considered were 
Republicans, and I assume conservative Republicans; I voted for all but 
one of them so far.
  However, there has to be consensus. And people that are not 
ideologues; people who will enforce and apply the laws and not try to 
remake them, and people who will instill fairness in their courtrooms 
and those nominees I have always supported, not people who will 
legislate and make laws--that is our job. We may do it poorly, but that 
is our job.
  This year we were talking about cooperation. Senator Grassley is one 
of the most respected members of the Senate Judiciary Committee, former 
chairman of the Finance Committee. I served with him both on the 
Judiciary Committee and the Agriculture Committee for a quarter of a 
century. He asked if we could proceed with Judge Melloy of Iowa to the 
Eighth Circuit. In the past, Republicans had held up judges from Iowa. 
I thought Senator Grassley made a good case. I told him I would 
proceed, as soon as we came back in session this year. And I did.
  We have also held hearings this year on Judge Pickering and Judge 
Smith at the request of Senators Lott and Specter. Senator Enzi asked 
for a hearing on Terrence O'Brien of Wyoming to the Tenth Circuit. We 
moved as quickly as we could and held his hearing this week. So the 
four Court of Appeals nominees on whom we have had hearings this year 
were each at the request of a Republican Senator.

[[Page 3771]]

  Of the 48 judicial nominations on which we have had hearings --for 
those who think this is partisan--25 came from States with no Democrats 
in the Senate and 12 came from States with one Republican Senator. So 
37 of the 48 nominees were basically from Republican States. We moved 
forward. That is the bipartisanship I want. By the way, the other 11 
are not all from States with two Democratic Senators. Far from it. The 
remaining 11 include four nominees to federal courts in the District of 
Columbia and among them was the former Republican Chief Counsel of the 
Senate Judiciary Committee for Senator Hatch.
  It is difficult and takes a certain amount of time to do this, but 
Senators often ask to move right away on a nomination, and I try to be 
accommodating. But when Senators then come on the floor and say we are 
not moving fast enough on somebody else well, we can only do so many.
  Only 1 of over 160 nominees before the Judiciary Committee over the 
last nine months has been voted down. When people ask: Why aren't we 
moving faster and doing more? Part of the answer is that it took 4 days 
over several weeks to have hearings and a vote on that one 
controversial nominee. In those 4 days, let alone the hours and hours 
and days of preparation, we could have gotten a dozen judges through. I 
dare say that we will spend more time in the debate this afternoon than 
we have debating the 14 judges confirmed so far this year.
  I inherited a vast number of judicial vacancies, including 
longstanding problems, especially political problems. I am doing my 
best to change that. I am doing my best to move forward.
  I urged that we get rid of the secret holds and make blue slips 
public. And now we finally have. Republicans did not do that when they 
were in the majority. I have urged the Rules Committee to take the 
position, if the Democrats are in majority next year, to divide the 
budget 50/50. I have had Republicans chair portions of hearings this 
year and have reported bills introduced by Republican Senators. These 
things did not occur in the recent past.
  If we stop the partisanship and the confrontational tactics of last 
year and this last week and if we show cooperation, if the White House 
got involved and did those things, we could speed this up. Consult and 
work with Senators--we will go forward faster.
  The President, for whom I have great respect, has had an enormous 
amount on his plate since September 11. I understand. However, there 
are some, unfortunately, who advise him who come with the idea they can 
only have judges they have signed off on by particular special interest 
groups. Then there will be a confrontational battle. It should not be 
that way.
  Check how it was done under the last six Presidents with whom I have 
served. Find out how it was done. It was done by trying to work 
together. If we do that, maybe things will work more smoothly. Instead, 
the President's key political adviser in the White House appeared 
before an ideological advocacy group last week and committed--actually, 
recommitted--the administration to selecting judicial nominees to 
reflect a hard right ideology, an ends-oriented judicial philosophy. 
That is unfortunate. Can you imagine if Bill Clinton had gone before a 
group and said: I am only going to select judicial nominees to reflect 
a hard left ideology, and an ends-oriented judicial philosophy? You 
thought some had to wait 1,000 days to even have a hearing or were 
denied a hearing--can you imagine what would have happened if the 
Clinton administration had done that? It is wrong when the Bush 
administration does that.
  All that says is, if that person is confirmed and if you are a 
litigant before that judge, basically what the President's political 
adviser was saying is, unless you reflect a hard right ideology and an 
ends-oriented judicial philosophy, forget about coming before this 
judge because you are not going to have fair treatment.
  People ask me if I have a litmus test. I sure do. My litmus test has 
been the same with the six Presidents with whom I served, and I voted 
against Democratic nominees when I believed they didn't follow this 
litmus test. That is, if somebody comes before that judge, whether they 
are conservative, liberal, rich, poor, white, black, Republican, 
Democrat, north, south, wherever they are from, plaintiff or 
defendant--they can look at that judge and say: Whatever happens in 
this case, I know I have had a fair judge. That is my one litmus test.
  When the Presidential adviser actually goes before a political 
advocacy group and says we are not going to do that, we have to have 
nominees who reflect a hard right ideology and an ends-oriented 
judicial philosophy, that is wrong. That is wrong.
  Actually, what that tells me is that rather than succumb to a notion 
of advice and rubberstamp, we had better do what the Constitution says, 
advice and consent, and go through the process carefully.
  I say, again, we are scheduling hearings on judicial nominations and 
have continued to schedule hearings in spite of the unfair criticism 
because I do want to get through as many good judges as possible and 
fill as many of the vacancies I inherited as fast as possible. I will 
consider a number of factors: Consensus of support for the nominee, the 
needs of the court for which he was nominated, and the interests of the 
home State Senators.
  I have served with 270 Senators, I believe, since I have been here. I 
have found more and more how important it is to rely on the views of 
home State Senators, Republican and Democratic alike.
  Mr. President, how much time remains to the Senator from Vermont?
  The PRESIDING OFFICER (Mr. Reed). The Senator from Vermont has 
approximately 8 minutes remaining.
  Mr. LEAHY. I have tried, again, to include at hearings judges 
Senators have asked for in both parties, including the court of appeals 
nominees, including hearings this year. I attempted to comply with the 
requests of Senators Grassley, Lott, Specter, and Enzi. We did that.
  One was voted down. I know the Republican leader, who has been my 
friend for years, was disappointed at the committee vote on the 
nomination of Judge Charles Pickering. He argued strongly for the 
judge, as he should. The Senator from Kentucky, Mr. McConnell, argued 
strongly for him and gave an excellent argument for him before the 
committee, as did the Senator from Ohio, Mr. DeWine.
  I tried to afford Judge Pickering--who, incidentally, still has a 
lifetime tenure as a Federal judge--every courtesy. I extended the 
time. I had a second hearing. I extended the time for the vote. I was 
willing to do all that.
  But I still have to decide how I vote. I remember for a Democratic 
President and a nominee he very much wanted, I voted against him for 
some of the same reasons, the exact same reasons, in fact, that I voted 
against Judge Pickering. He was voted down in the committee--just as 
Judge Pickering was, and that was the end of it.
  I do not want to go back to the situation where almost a third of 
President Clinton's court of appeals nominees waited more than 300 days 
from nomination to confirmation, an average of 441 days for these 
individuals; nearly a quarter waited more than a year, 20 percent 
waited more than 500 days, 6 waited more than 700 days, 2 waited more 
than 1,000 days, and one waited more than 4 years--if they got hearings 
at all.
  Judge Helene White of Michigan waited more than 4 years. She never 
got a hearing. In fact, 56 percent of President Clinton's circuit court 
nominees in the last Congress, nominated or renominated in 1999-2000, 
were not acted upon by the Judiciary Committee. I am trying to repair 
that damage.
  That is why we are moving forward--we are moving forward as quickly 
as we can, and I will continue to do that.
  No matter what is said on the other side, no matter how much things 
are taken out of context, no matter how much fiction we hear on the 
floor from that side, I will move them forward.
  Mr. President, how much time is remaining?

[[Page 3772]]

  The PRESIDING OFFICER. The Senator from Vermont controls 
approximately 4 minutes 50 seconds. The time of the Senator from Utah 
has expired.
  Mr. LEAHY. I understand some of my time has already been given to the 
Republican side previously; is that correct?
  The PRESIDING OFFICER. Five minutes has been offered to the Senator 
from Kansas, Mr. Brownback.
  Mr. LEAHY. I believe we also gave time to the Senator from Texas, did 
we not?
  The PRESIDING OFFICER. She has already consumed that time.
  Mr. LEAHY. I tried to help, just to be fair. Let me say this, in the 
remaining 3 minutes.
  It doesn't have to be this way. We are moving far more rapidly than 
the Republicans did when they were in charge and President Clinton was 
President.
  We have had a lot that has gone on in the past few months. I have not 
used the events and aftermath of September 11 as an excuse but have 
instead continued to hold hearings and votes on judicial nominees. Some 
of the Republican special interest groups pooh-pooh the fact that we 
even would refer to the events of September 11. They allow it as a 
justification for many things and an excuse for everybody else but not 
for the Judiciary Committee. Well, we have not made excuses. Instead, 
we build a good record.
  We actually had to put together an antiterrorism bill during that 
time, which we did, one which the President certainly felt good about. 
He praised me and Senator Hatch for our work on that.
  We had to do that. We had this building that we are in right now 
emptied because of an anthrax scare. Most of our staffs, Republican and 
Democratic, are in the Dirksen and Hart Buildings. That was vacated for 
a period of time because of anthrax. The Hart Building was vacated for 
a very considerable period of time.
  I was one of those who received an anthrax letter designed to kill 
me, as was Senator Daschle. Me and my staff--it turns out there was 
enough anthrax to kill an awful lot more people than that. So this has 
not been a usual year.
  But as I pointed out in the charts earlier, in the 9 months the 
Democrats have controlled this committee, we have done more than during 
any comparable period during the time when the Republicans controlled 
the committee.
  I am assuming--and I pray--this country will not face something 
similar to September 11 again. I assume and I pray that our Capitol 
will not face something like that again.
  I take a moment to applaud the brave men and women of our Capitol 
Police and the work of our Secretary of the Senate and Sergeant at Arms 
in protecting us up here.
  I have talked with the White House about one simple procedure they 
could do without giving up any of their rights or any of their 
privileges. One simple procedure they could do, which would take 4 or 5 
weeks off many judicial nominations. They could potentially be able to 
go to hearing 4, 5, or 6 weeks faster if the White House would simply 
speeding up the process of getting all the paperwork and the reviews 
done and getting them up here.
  Those are things that can be done.
  Mr. President, how much time remains?
  The PRESIDING OFFICER. Forty seconds.
  Mr. LEAHY. Mr. President, this has been a good debate. I might ask 
the Senate to pass a resolution that just said very simply the 
Democratic majority will be required to go at the same pace that the 
Republican majority did under President Clinton. But I have a feeling, 
if we did that, President Bush would be very upset because I have a 
feeling he does not want us to go back to the procedures used when his 
party controlled the Senate. We will not.
  The PRESIDING OFFICER. The Senator's time has expired.
  Mr. HATCH. Mr. President, I ask unanimous consent to take 4 minutes 
of the leader's time.
  The PRESIDING OFFICER. Is there objection?
  Mr. LEAHY. Mr. President, I am going to object. I will tell you why. 
We have given more than that amount of time. If somebody had told me 
they wanted to, I would have given time from my own time. We have 
already given the time.
  Mr. HATCH. How about 2 minutes of leader's time? Would you be 
gracious enough for that?
  Mr. LEAHY. If the leader wants to, of course, I will yield to him.
  The PRESIDING OFFICER. Does the Senator from Vermont object?
  Mr. LEAHY. Yes.
  The PRESIDING OFFICER. Objection is heard.
  Mr. HATCH addressed the Chair.
  The PRESIDING OFFICER. The Senator from Utah.
  Mr. HATCH. Mr. President, let me rephrase my question. As ranking 
member of the Judiciary Committee, I am asking my colleague to consent 
to 2 minutes of the leader's time to be used by me. I don't think he 
would be totally displeased with what I have to say.
  Mr. LEAHY. Would I then have 2 minutes available to me if I wish to 
use it?
  Mr. HATCH. I agree to that.
  Mr. LEAHY. I have no objection.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator from Utah.
  Mr. HATCH. Mr. President, I personally thank the distinguished 
chairman the Judiciary Committee for doing the job he is doing on 
district court nominees. The problem here is not just reporting 
nominees--although we think more should be approved--it is 31 circuit 
court vacancies. A number of them are judicial emergencies, as defined 
by the Administrative Office of the Courts.
  But I have listened to my colleague's comments about holding hearings 
when Senators have asked him to do so. I have been patient for many 
months, but I do believe I have to say this today. I am Ranking Member 
of the Judiciary Committee. It was just there 2 days ago when one of my 
judges was given a hearing, Professor Paul Cassell. His nomination had 
been pending since June of last year. I don't understand waiting this 
long. And the second judge nominated for a spot in my home state of 
Utah, Michael McConnell, has not had a hearing even though I have been 
promised one. I have requested at least 15 times for these two to get 
hearings, to be marked up in committee, and to be brought to the floor. 
Michael McConnell's nomination probably enjoys the widest and most 
vociferous support of legal scholars from all across the political 
spectrum--Democrats and Republicans of any currently pending nominee.
  I would like to have the courtesy extended to me that I extended to 
the distinguished Chairman when he was the Ranking Member. I believe it 
is time for me to raise this issue because I have been very upset that 
this hasn't happened.
  Last, but not least, keep in mind--everybody listening to this 
debate--that the Senate confirmed 377 Clinton judges, which is only 5 
fewer than the all-time champion, Ronald Reagan, who got 382 judges 
confirmed. And both had 6 years of a Republican Senate--which was the 
opposite party for President Clinton and the allied party for President 
Reagan. Both got essentially the same number of judges. In fact, 
Clinton would have had more had it not been for Democratic holds and 
objections.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Vermont.
  Mr. LEAHY. Mr. President, as I said earlier, we will continue to move 
at a faster pace on the nominees for President Bush than the 
Republicans ever did with nominees of President Clinton. I will 
continue to move at a faster pace for them. I will continue to try to 
overcome the objections to hearings on Senator Hatch's nominees, and we 
will have a hearing.
  I yield the remainder of my time.
  The PRESIDING OFFICER. The question is on agreeing to amendment No. 
3040 offered by Senator Reid of Nevada.
  Mr. LEAHY. Mr. President, I ask for the yeas and nays.

[[Page 3773]]

  Mr. HATCH. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The Senator from Vermont asked for the yeas 
and nays.
  Mr. HATCH. I suggest the absence of a quorum, Mr. President, until 
the minority leader arrives.
  The PRESIDING OFFICER. The Chair has to determine if there is a 
sufficient second for the yeas and nays.
  Is there a sufficient second?
  There is a sufficient second.
  The yeas and nays were ordered.
  Mr. HATCH. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. LOTT. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. LOTT. Mr. President, I thank Senator Hatch for trying to put in 
the quorum so I would have an opportunity to make some very brief 
remarks. I hope everybody understands that was what was going on--to 
give me a chance to be here and just wrap up some of what needs to be 
pointed out again before we get to a vote.
  We have a real problem in the Senate. I think it could be a growing 
problem. We are very concerned about the nominees who are being moved 
and those who are not being moved; and, more specifically, the fact 
that the first eight circuit court judges have not been moved, have not 
been voted on, and, in fact, have not even had a hearing. I believe 
that is accurate. The first eight, to go back to May 9, 2001, an 
outstanding group of nominees, men and women and minorities, have not 
had any opportunity to make their case, to be voted on in the Senate 
Judiciary Committee, and be voted on in this Chamber.
  That is what our resolution says. That is all it says. This is not a 
quantum leap, saying you have to have a hearing, you have to vote, you 
have to bring it to the floor, and you have to get it done. But it does 
say that in the interest of administration of justice, the Judiciary 
Committee shall hold hearings at least on the nominees submitted by the 
President on May 9, 2001, by May 9, 2002.
  That seems like a very small step, to move toward some progress being 
made and helping to begin to cure some very frayed feelings about the 
way the Judiciary Committee acted with regard to Judge Pickering. But 
moving beyond that and moving into the broader sense, one judge will 
not this session make. But this pattern is a major problem.
  Conversely, the other resolution just says that the Judiciary 
Committee should move forward expeditiously on these nominees. Goodness 
gracious, that is not saying very much, it doesn't appear to me. I hope 
they will be moving forward expeditiously.
  But what does it mean? Does it mean they are going to get a hearing? 
Does it mean it is going to get some actual result? No.
  That is basically the difference. One resolution says that these 
outstanding nominees--I will not list their names because I am sure 
they have been talked about individually and collectively--should at 
least have a hearing by May 9. The other resolution says it should be 
considered expeditiously.
  The point is, though, to highlight this issue, this will not be the 
last resolution in this area, unless we begin to see some fair 
progress. There will be others. And they perhaps will be more pointed.
  But it goes to the much bigger question of how we are going to go 
through the rest of this session, how these nominees are going to be 
treated, and, as a matter of fact, how we are going to act on 
legislation.
  I urge my colleagues to vote on both sides of the aisle for the 
resolution that would lead to results and that is the one that calls 
for hearings by the specified date of May 9, 2002.
  I yield the floor.
  The PRESIDING OFFICER. The majority leader.
  Mr. DASCHLE. Mr. President, I can certainly appreciate the 
frustration expressed by some of our colleagues. We have been there. We 
know how frustrating it is to have judges who are not given the time 
and attention, and the fair consideration they deserve. Because we have 
experienced that all too often while we were in the minority.
  What we have attempted to do is respond to that frustration by doing 
what we have said we were going to do from the very beginning, that we 
were going to treat judges fairly, we were going to try to do as much 
as we could to move them quickly. And we believe we have done that.
  I do not recall a time when our Republican colleagues ever agreed to 
hold at least one hearing on a circuit court judge with every group of 
district court judges receiving hearings. But that is exactly what our 
chairman of the Judiciary Committee has committed to do.
  I will look at the numbers, and we can compare statistics all day 
long, but all one has to do is look at the bottom line. We have 
exceeded their record in many ways. In 9 months, we have confirmed more 
judges than the Republicans confirmed in President Reagan's first 
year--12 months. We have confirmed more circuit court judges already 
this year than Republicans did in 1996 when they confirmed zero circuit 
court judges. But we can compare these back and forth. What I am simply 
prepared to do today--as you have heard Senator Leahy and members of 
our committee say on so many occasions--is to say, we are going to deal 
with these judges fairly and expeditiously. I think our record shows 
that.
  I thank Senator Leahy for his leadership, for the commitment he has 
made, and for the diligence he has shown in getting us to this point.
  Forty-two judges have been confirmed; 7 circuit court judges have 
already been confirmed. What Senator Leahy and the Judiciary Committee 
are now saying is, we will improve upon that in the coming weeks and 
months. When you look at what we will have been able to do by the end 
of this session, I think everyone will be able to say, without 
equivocation: You have done a good job.
  That is what we are committing to do. That is what our resolution 
says. That is why I believe, very strongly, that supporting the 
Democratic resolution is, again, supporting the clear intent of our 
caucus and of this Senate that these nominees are going to get fair 
treatment. We are determined to do that. And we will demonstrate that 
with each passing week.
  I yield the floor.


                       Vote On Amendment No. 3040

  The PRESIDING OFFICER. The question is on agreeing to amendment No. 
3040. The yeas and nays have been ordered. The clerk will call the 
roll.
  The legislative clerk called the roll.
  Mr. NICKLES. I announce that the Senator from Wyoming (Mr. Enzi) and 
the Senator from Alaska (Mr. Stevens) are necessarily absent.
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 97, nays 1, as follows:

                      [Rollcall Vote No. 56 Leg.]

                                YEAS--97

     Akaka
     Allard
     Allen
     Baucus
     Bayh
     Bennett
     Biden
     Bingaman
     Bond
     Boxer
     Breaux
     Brownback
     Bunning
     Burns
     Byrd
     Campbell
     Cantwell
     Carnahan
     Carper
     Chafee
     Cleland
     Clinton
     Cochran
     Collins
     Conrad
     Corzine
     Craig
     Crapo
     Daschle
     Dayton
     DeWine
     Dodd
     Domenici
     Dorgan
     Durbin
     Edwards
     Ensign
     Feingold
     Feinstein
     Fitzgerald
     Frist
     Graham
     Gramm
     Grassley
     Gregg
     Hagel
     Harkin
     Hatch
     Helms
     Hollings
     Hutchinson
     Hutchison
     Inhofe
     Inouye
     Jeffords
     Johnson
     Kennedy
     Kerry
     Kohl
     Kyl
     Landrieu
     Leahy
     Levin
     Lieberman
     Lincoln
     Lott
     Lugar
     McCain
     McConnell
     Mikulski
     Miller
     Murkowski
     Murray
     Nelson (FL)
     Nickles
     Reed
     Reid
     Roberts
     Rockefeller
     Santorum
     Sarbanes
     Schumer
     Sessions
     Shelby
     Smith (NH)
     Smith (OR)
     Snowe
     Specter
     Stabenow
     Thomas
     Thompson
     Thurmond
     Torricelli
     Voinovich
     Warner
     Wellstone
     Wyden

[[Page 3774]]



                                NAYS--1

       
     Nelson (NE)
       

                             NOT VOTING--2

     Enzi
     Stevens
       
  The amendment (No. 3040) was agreed to.


                       Vote On Amendment No. 3033

  The PRESIDING OFFICER. The question is on agreeing to amendment No. 
3033 offered by the Republican leader.
  Mr. HATCH. Mr. President, I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There is a sufficient second.
  The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. NICKLES. I announce that the Senator from Wyoming (Mr. Enzi) and 
the Senator from Alaska (Mr. Stevens) are necessarily absent.
  The PRESIDING OFFICER (Mr. Johnson). Are there any other Senators in 
the Chamber desiring to vote?
  The result was announced--yeas 47, nays 51, as follows:

                      [Rollcall Vote No. 57 Leg.]

                                YEAS--47

     Allard
     Allen
     Bennett
     Bond
     Brownback
     Bunning
     Burns
     Campbell
     Chafee
     Cochran
     Collins
     Craig
     Crapo
     DeWine
     Domenici
     Ensign
     Fitzgerald
     Frist
     Gramm
     Grassley
     Gregg
     Hagel
     Hatch
     Helms
     Hutchinson
     Hutchison
     Inhofe
     Kyl
     Lott
     Lugar
     McCain
     McConnell
     Murkowski
     Nickles
     Roberts
     Santorum
     Sessions
     Shelby
     Smith (NH)
     Smith (OR)
     Snowe
     Specter
     Thomas
     Thompson
     Thurmond
     Voinovich
     Warner

                                NAYS--51

     Akaka
     Baucus
     Bayh
     Biden
     Bingaman
     Boxer
     Breaux
     Byrd
     Cantwell
     Carnahan
     Carper
     Cleland
     Clinton
     Conrad
     Corzine
     Daschle
     Dayton
     Dodd
     Dorgan
     Durbin
     Edwards
     Feingold
     Feinstein
     Graham
     Harkin
     Hollings
     Inouye
     Jeffords
     Johnson
     Kennedy
     Kerry
     Kohl
     Landrieu
     Leahy
     Levin
     Lieberman
     Lincoln
     Mikulski
     Miller
     Murray
     Nelson (FL)
     Nelson (NE)
     Reed
     Reid
     Rockefeller
     Sarbanes
     Schumer
     Stabenow
     Torricelli
     Wellstone
     Wyden

                             NOT VOTING--2

     Enzi
     Stevens
       
  The amendment (No. 3033) was rejected.
  Mr. DASCHLE. I move to reconsider the vote.
  Mr. REID. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. DASCHLE. Mr. President, we are currently consulting about the 
remainder of the day. It is fair to say Senators should expect 
additional rollcall votes. We are hoping we might reach an agreement 
procedurally on how to make additional progress on the bill during the 
remaining hours of today. At this point we cannot say with any 
confidence what tomorrow holds. It depends, in part, on what the 
schedule will be for the remainder of the day. We are working to 
arrange for additional votes and consideration of additional 
amendments. We will propound that request as soon as it becomes 
available.

                          ____________________




      PROVISION FOR CONDITIONAL RECESS OR ADJOURNMENT OF CONGRESS

  Mr. DASCHLE. I have a request regarding the adjournment resolution. 
It has been approved by the Republican leader.
  I ask unanimous consent the Senate now proceed to the adjournment 
resolution which is at the desk, H. Con. Res. 360.
  The PRESIDING OFFICER. The clerk will report the resolution by title.
  The assistant legislative clerk read as follows:

       The House concurrent resolution (H. Con. Res. 360) 
     providing for a conditional adjournment of the House of 
     Representatives and conditional recess or adjournment of the 
     Senate.

  There being no objection, the Senate proceeded to consider the 
concurrent resolution.
  Mr. DASCHLE. I ask unanimous consent that the concurrent resolution 
be agreed to and the motion to reconsider be laid upon the table with 
no intervening action or debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The concurrent resolution (H. Con. Res. 360) was agreed to, as 
follows:

                            H. Con. Res. 360

       Resolved by the House of Representatives (the Senate 
     concurring), That when the House adjourns on the legislative 
     day of Wednesday, March 20, 2002, or Thursday, March 21, 
     2002, on a motion offered pursuant to this concurrent 
     resolution by its Majority Leader or his designee, it stand 
     adjourned until 2 p.m. on Tuesday, April 9, 2002, or until 
     Members are notified to reassemble pursuant to section 2 of 
     this concurrent resolution, whichever occurs first; and that 
     when the Senate recesses or adjourns at the close of business 
     on Thursday, March 21, 2002, Friday, March 22, 2002, or 
     Saturday, March 23, 2002, on a motion offered pursuant to 
     this concurrent resolution by its Majority Leader or his 
     designee, it stand recessed or adjourned until noon on 
     Monday, April 8, 2002, or at such other time on that day as 
     may be specified in the motion to recess or adjourn, or until 
     Members are notified to reassemble pursuant to section 2 of 
     this concurrent resolution, whichever occurs first.
       Sec. 2. The Speaker of the House and the Majority Leader of 
     the Senate, acting jointly after consultation with the 
     Minority Leader of the House and the Minority Leader of the 
     Senate, shall notify the Members of the House and the Senate, 
     respectively, to reassemble at such place and time as they 
     may designate whenever, in their opinion, the public interest 
     shall warrant it.

  Mr. REID. I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. BAUCUS. Mr. President, I ask unanimous consent the order for the 
quorum call be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                        TIMING OF THE TRADE BILL

  Mr. BAUCUS. Mr. President, at the end of the last session of Congress 
the Finance Committee reported three critical pieces of international 
trade legislation to the Senate calendar: An expansion of the Trade 
Adjustment Assistance Act, an extension of fast track trade negotiating 
authority, and an expansion of the Andean Trade Benefits program.
  Each of these bills is time-sensitive and I believe that the Senate 
should take action on them as soon as possible. The Trade Adjustment 
Assistance Act, or TAA, first established in 1962, is the program that 
addresses the needs of workers and firms that are adversely impacted by 
trade.
  The Senate Finance Committee bill expands TAA coverage to new groups 
of workers, including farmers and secondary workers; provides training 
and healthcare benefits to recipients; and experiments with a new 
concept of wage insurance, which aims to move the unemployed back into 
the labor force as quickly as possible.
  Unfortunately, TAA was allowed to expire at the end of the last 
Congress. We need to not only extend TAA, but complete the expansion as 
soon as it is practical.
  Although States have cooperated with the efforts of the Department of 
Labor to keep the program in operation, this stopgap cannot continue 
indefinitely. Congress must ensure that this critical safety net for 
working Americans is in place.
  The extension of fast-track trade negotiating authority--sometimes 
called trade promotion authority--is also pending on the Senate 
calendar.
  This measure is controversial, but Senator Grassley and I were able 
to arrive at a bipartisan bill to extend fast track. And the bill 
passed the Finance Committee 18-3 with the support of both the majority 
leader and the minority leader.
  This extension may not be as urgent as the extension of TAA, but many 
important international trade negotiations both bilaterally and 
multilaterally are pending or underway. This bill allows Congress to 
direct these negotiations and allows the President to credibly 
negotiate with our trading partners. It is time for Congress to extend 
fast track.
  The Senate Finance Committee also reported an extension of the Andean

[[Page 3775]]

Trade Promotion Act or ATPA. This measure has been actively supported 
by many Senators, including Senator Bob Graham and the distinguished 
majority leader.
  The legislation aims to shore up support among U.S. allies in the 
critical Andean region and provide an alternative to the illegal drug 
trade to citizens in the region.
  In addition, another critical international trade program, the 
Generalized System of Preferences, which provides important benefits to 
many developing countries, also expired at the end of the last 
Congress. This program should also be extended for some reasonable 
period of time, in my opinion, several years.
  I have discussed with the majority leader and many of my colleagues 
combining all of these bills into a single vehicle, winning Senate 
passage for the legislation, and quickly moving to gain support for the 
legislation in the other body in the hopes that these measures might be 
signed into law as soon as possible.
  The combined trade legislation has some detractors, but each 
component of the proposed trade legislation has bipartisan support. 
Each piece serves an important public policy purpose. And each piece is 
timely, if not overdue.
  I know that the Senate calendar is crowded, but I would like to urge 
the majority leader and the minority leader to work with Senator 
Grassley and myself to find time to take this legislation up shortly 
after the Senate returns from the coming recess.
  The PRESIDING OFFICER. The Senator from Arizona.
  Mr. McCAIN. I ask unanimous consent to address the Senate as in 
morning business.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                 THE ADMINISTRATION'S SPECTRUM PROPOSAL

  Mr. McCAIN. Mr. President, as ranking member of the Senate Committee 
on Commerce, Science and Transportation, I would like to discuss an 
issue I have discussed before, an issue that was addressed by the 
administration's proposal in the 2003 budget to delay the auction dates 
for spectrum being used by broadcasters.
  In 1997, Congress ventured down a path that we hoped would lead to a 
revolution for the American consumer--digital television. Congress took 
action to support the transition to digital television, specifically 
high definition digital television, because of its potential to give 
Americans sharp movie-quality pictures and CD-quality sound, and took 
the extraordinary step of giving the broadcast industry a huge amount 
of spectrum for free--a $70 billion gift.
  During consideration of the Balanced Budget Act of 1997, broadcasters 
touted DTV technology as a competitive necessity that would preserve 
free over-the-air television in the new digital millennium. They sought 
legislation intended to speed and facilitate a transition from analog 
to digital television broadcasting. Their requests for special 
treatment were fulfilled.
  At the time, the Wall Street Journal described Congress' action as a 
``planned multibillion dollar handout for wealthy TV-station owners.'' 
While other industries must purchase their spectrum in competitive 
auctions, in the case of digital TV, Congress decided to give away the 
spectrum. At the same time, Congress also decided that broadcasters 
could keep their old analog spectrum until 2006, or until 85 percent of 
TV homes in a market could receive digital signals.
  During the debate on the Balanced Budget Act, I expressed my serious 
reservations with the spectrum provision. At the time I stated:

     . . . when it comes to the bill's provisions on the analog 
     turnback date, I fear that we have inadvisedly undercut the 
     value this spectrum might otherwise bring at auction by 
     including a waiver standard in this bill that unnecessarily 
     signals to bidders in 2002 that the spectrum they're bidding 
     on may not become available on any definitive date.

  I was not alone in my concern. In October 2000, the New York Times 
wrote:

     By giving the new spectrum away instead of auctioning it off 
     to the highest bidders, Congress deprived the Treasury, and 
     thus taxpayers, of tens of billions of dollars. The giveaway 
     also kept the new spectrum out of the hands of bidders eager 
     to sell digital services. The new spectrum went instead to 
     incumbent broadcasters, who have dawdled.

  Moreover, if the broadcasters begin to use their digital spectrum 
primarily to broadcast multiple channels of standard definition, 
perhaps on a subscription basis, I believe that they will never 
relinquish the spectrum. This scenario was never mentioned by the 
broadcasters while they were lobbying Congress for the free spectrum 
they eventually received.
  In 1997, Congress mandated that future FCC spectrum licensing should 
be performed through auctions, ensuring that the spectrum is allocated 
to parties that value most highly the opportunity to provide wireless 
products and services, and that compensate the public for the use of 
its resources. Yet, at the same time, Congress gave away billions of 
dollars in public assets at the broadcasters' urging and on the promise 
that the public would get it back, and get superior, free over-the-air 
service in the bargain. As the President's budget acknowledges, 
however, this is not happening.
  The administration is also proposing that beginning in 2007, the 
broadcasters would be assessed a $500 million annual lease fee for 
their use of the analog spectrum. If they return their analog spectrum 
by the 2006 deadline, they will be exempt from the fee. While this 
proposal has merits and may be justified, I believe that in all 
likelihood, the broadcasters will never pay. Be assured that a few 
years from now, the NAB will be marching up to Capitol Hill asking 
Congress for more time to complete the DTV transition.
  We should not let this happen. I believe that Congress must address 
this issue legislatively to protect the American taxpayer and ensure 
that the DTV transition will become a reality. Congress devoted 
valuable public assets to the DTV transition and ultimately has the 
responsibility for finding responsible solutions. The proposal before 
the FCC that enables broadcasters to further capitalize on the spectrum 
give-away by allowing the broadcasters to negotiate to vacate the 
spectrum by 2006 for a price, is not, I note, a responsible solution.
  In closing, I would like to read a quote from an article that 
appeared in Business Week last year.

       Congress should also make broadcasters pay for their 
     valuable real estate by attaching a price tag to the spectrum 
     they now occupy. When they approached Congress hat-in-hand, 
     broadcasters promised something they have yet to deliver. Now 
     that this has become abundantly clear, they shouldn't get a 
     free ride on taxpayers' backs. What they should do is fork 
     over the going rate for whatever airspace they occupy. That's 
     what cellphone companies are doing.

  It has been almost 5 years since the spectrum giveaway and the 
transition to digital television has barely materialized. The American 
taxpayers first lost the auction value of the spectrum. Now, they have 
no real certainty of what they're likely to get in return, or when they 
are likely to get it. The situation is a mess, characterized by more 
finger pointing than progress. Regardless of who is to blame, this much 
is clear: By 2006, this country will not have the transmission 
facilities, the digital content, nor the reception equipment necessary 
to ensure that 85 percent of the population will be able to receive 
digital television.
  In fact, recent statistics show that consumers have yet to embrace 
digital television. The Consumer Electronics Association reports that 
1.4 million DTV sets were sold last year, of which 97,000 were 
integrated units containing digital tuners. However, we received 
testimony before the Senate Commerce Committee last year that over 33 
million analog sets had been sold in 2000 alone. While DTV sales have 
been increasing each year, an overwhelming majority of Americans are 
still purchasing analog sets.
  Given the uncertainty surrounding the return of the spectrum 
currently occupied by broadcasters, the administration has proposed 
shifting the auction for TV channels 60-69 from the elapsed 2000 
deadline to 2004. Additionally, the proposal would shift the auction of 
TV channels 52-59 from 2002 to 2006. According to OMB projections,

[[Page 3776]]

shifting the auctions to later dates would increase expected revenues 
by $6.7 billion. The administration has concluded that if legislative 
action is not taken to shift the auction dates, potential auction 
participants may hesitate to bid for this spectrum without certainty of 
when the broadcasters may actually vacate it.
  At the same time, however, even if we act to change the dates, I also 
believe that years from now Congress is likely to again find itself 
attempting to shift the auction dates because the broadcasters will 
still occupy the spectrum. I hold this view because last year, the 
Commerce Committee held hearings on the transition to digital 
television. During that hearing I asked the National Association of 
Broadcasters, NAB, whether or not they believed they were going to 
reach 85 percent of the homes in America by 2006. The NAB's response, 
``Originally, the expectations and the projections that [we] looked at, 
was for that transition to take as long as possibly 2015.''
  I believe that there's not a snowball's chance in Gila Bend, AZ, that 
the broadcasters will vacate this spectrum by 2006, or that, despite my 
best efforts, that broadcasters will be penalized for squatting, as the 
President has proposed, if they occupy this spectrum after 2006. Some 
broadcasters have suggested that they may use their digital spectrum to 
multicast standard definition signals and provide other ``ancillary'' 
services, competing against companies and technologies that had to pay 
for the spectrum they use. I worry that if broadcasters provide 
``ancillary'' services using the spectrum they received for free, they 
will have a distinct competitive advantage over wireless companies who 
pay the public for the use of its spectrum.
  I yield the floor.

                          ____________________




  NATIONAL LABORATORIES PARTNERSHIP IMPROVEMENT ACT OF 2001--Continued

  The PRESIDING OFFICER. Who seeks recognition?
  Mr. MURKOWSKI. Mr. President, the Senator from Idaho is prepared to 
offer a second-degree amendment clarifying Senator Bingaman's amendment 
No. 3016. I am in support of his amendment.
  The PRESIDING OFFICER. The Senator from Idaho.
  Mr. CRAIG. Mr. President, I thank my colleague, the ranking member of 
the Energy Committee, Senator Murkowski.
  Mr. President, I ask unanimous consent to set the pending amendment 
aside for the purpose of consideration of this amendment.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                Amendment No. 3049 to Amendment No. 3016

  Mr. CRAIG. Mr.President, I send an amendment to the desk.
  The PRESIDING OFFICER. The clerk will report. The assistant 
legislative clerk read as follows:

       The Senator from Idaho [Mr. Craig] proposes an amendment 
     numbered 3049 to amendment No. 3016.

  Mr. CRAIG. Mr. President, I ask unanimous consent that reading of the 
amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

            (Purpose: To clarify the definition of biomass)

       On page 6, strike line 9 and all that follows through line 
     15 and insert the following:
       ``The term `biomass' means any organic material that is 
     available on a renewable or recurring basis, including 
     dedicated energy crops, trees grown for energy production, 
     wood waste and wood residues, plants (including aquatic 
     plants, grasses, and agricultural crops), residues, fibers, 
     animal wastes and other organic waste materials, and fats and 
     oils, except that with respect to material removed from 
     National Forest System lands the term includes only organic 
     material from--
       ``(A) thinnings from trees that are less than 12 inches in 
     diameter;
       ``(B) slash;
       ``(C) brush; and
       ``(D) mill residues.''.

  Mr. CRAIG. Mr. President, I rise today to introduce an amendment that 
would modify the definition of biomass from national forests by 
clarifying that biomass may come from slash, brush, or mill residue 
from any size tree that may be harvested, as well as from thinning 
trees that are less than 12 inches in diameter.
  The Bingaman amendment defines the term ``biomass'' on national 
forest lands as only that material generated from tree commercial 
thinning or slash or brush.
  Our respective staffs have worked out language that is acceptable to 
the managers. I appreciate his staff's cooperation in addressing these 
concerns.
  Both Senator Murkowski and I have been concerned that mill residue, 
slash and brush from normal harvest activities did not qualify under 
the construct of Bingaman amendment No. 3016.
  I have also expressed concern about smaller logs that are sold as 
commercial timber that could be utilized as biomass in some market 
conditions but would not qualify under Bingaman amendment No. 3016.
  This amendment I am now offering addresses all of our concerns.
  We have 39 million acres of national forest land at high risk of 
catastrophic fire. We have an additional 24 million acres that have 
suffered insect and disease attacks making them highly susceptible to 
fire as well.
  There are over 49.5 million acres of trees in the 9- to 12-inch 
diameter class that need to be thinned to reduce the risk of 
catastrophic fires and to allow those trees to grow to full and 
productive maturity.
  I am pleased that we have addressed the fundamental problems that 
cause so many of my constituents concern. I have several biomass co-gen 
operations in my State that are fed largely from hog fuel off the 
public lands--the national forest land.
  I think this clarifies the issue. I thank the chairman for his 
cooperation.
  Mr. BINGAMAN. Mr. President, this does clarify the intent on both 
sides. I think this additional definitional language is useful. We have 
no objection to the amendment.
  Mr. MURKOWSKI. Mr. President, I thank Senator Bingaman for his 
cooperation.
  I want to make sure that we all understand some of the terminology 
used, and the words ``hog fuel.'' I know what it is. It is the waste.
  The significant aspects of recognizing the way this portion of the 
Bingaman amendment bill was originally stated is that it would have 
excluded waste from public land--namely, the national forests--unless 
it is specifically identified as slashings, second growth, and so 
forth.
  It would very narrowly bring into question the residue associated 
with milling of timber and timber products from national forests as to 
whether or not that waste could be used in biomass.
  For example, in my State of Alaska, it would exclude the development 
of any biomass as an alternative because we don't have, for all 
practical purposes, anything other than public land.
  That is why it is so important that this change be made. I want to 
make sure that in the language the intention is, if you have a tree 
that comes off public land that has rot in it that would be basically 
determined not to be sufficient for milling--and, in the terminology, 
this would be a mill residue--indeed that would be included in the 
definition of what would be allowed.
  Clearly, no one takes prime, quality timber and uses it for biomass. 
It has a higher value. So there is a check and balance in it.
  Mr. CRAIG. If the Senator will yield, he makes an important point. In 
commercial logging operations that are qualified under the U.S. Forest 
Service--the legitimate timber sales--some of those logs, once cut, and 
beyond the 12-inch diameter size that get to the mill, that are 
deteriorating or have, as you call it, the rot of the center and cannot 
be milled, put on a mill head rig and moved, fall apart, I think that 
is residue by anyone's definition when it is determined, at least in 
the mill yard, that no commercial value can come from it. Clearly, I 
think that falls under that definition. But I appreciate the Senator 
mentioning it.
  What we are doing, along with passing legislation, is establishing, 
by the record of the floor, what is the intent of Congress. And I think 
that is the intent of this legislation.

[[Page 3777]]

  I thank the Senator for yielding.
  Mr. MURKOWSKI. I certainly agree with that. I appreciate the 
colloquy. I think this is good utilization in the sense of biomass. But 
I would like to remind my colleagues that biomass just does not create 
energy. Somebody has to burn it. When you burn it, you generate 
emissions. And when you generate emissions, obviously, you have a 
tradeoff.
  I am pleased the amendment will be accepted.
  The PRESIDING OFFICER. Is there further debate?
  If not, without objection, the amendment is agreed to.
  The amendment (No. 3049) was agreed to.
  Mr. MURKOWSKI. I move to reconsider the vote.
  Mr. CRAIG. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. BINGAMAN. I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. DASCHLE. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                       TRADE PROMOTION AUTHORITY

  Mr. DASCHLE. Mr. President, as I understand it, we are working on an 
arrangement that will accommodate further progress on this part of the 
energy bill. I appreciate the cooperation of all those involved.
  I want to take a moment to talk about a strong interest I have--and I 
know it is shared by the Presiding Officer and many other of our 
colleagues--in trade promotion authority, trade adjustment assistance, 
and the Andean Trade Preference Expansion Act. We will be dealing with 
all three of those issues in the next work period. I reemphasize the 
importance that I, as one Senator, put on getting that package passed 
during that time.
  I think we all saw yesterday that the January trade deficit swelled 
to $28.5 billion. That is a 15 percent increase over December and 
sharply higher than the consensus forecast. That alone caused some 
analysts to lower their projections for first quarter growth by a full 
percentage point.
  That set of numbers indicates pretty clearly how important trade is 
to the American economy, and it graphically demonstrates why we need to 
provide trade promotion authority.
  Today, nearly one in every 10 U.S. jobs--an estimated 12 million 
jobs--is directly linked to the export of U.S. goods and services. 
These are good jobs that pay 13-18 percent more than the national 
average.
  The benefits are even more pronounced in agriculture. Since passage 
of NAFTA in 1993, U.S. agricultural exports to Mexico have doubled.
  Agricultural exports today account for one in every three U.S. acres 
planted; nearly 25 percent of gross cash sales in agriculture; and more 
than three-quarters of a million U.S. jobs.
  The U.S. Trade Representative's office estimates that the average 
American family of four saves between $1,260 and $2,040 a year as a 
result of the two major trade agreements we entered into in the 1990s--
NAFTA and the Uruguay Round.
  And in my view, the benefits of trade today are even greater for the 
United States because no Nation in the world is better positioned to 
thrive in a global, information-based economy.
  Expanding trade also offers national security and foreign policy 
benefits because trade opens more than new markets. When it is done 
correctly, it opens the way for democratic reforms. It also increases 
understanding and interdependence among nations, and raises the cost of 
conflict.
  Senators Baucus and Grassley deserve great credit for getting a 
bipartisan TPA proposal out of the Finance Committee with an 
overwhelming vote of support--18 to 3.
  Their proposal not only gives the President that authority he needs 
to negotiate good trade agreements for the United States. It also 
addresses critical labor and environmental concerns. Under their 
proposal, labor and environmental concerns are central issues, not side 
issues.
  The fundamental reality is that expanded trade raises living 
standards generally, but some people lose. That is inevitable.
  Last year, we passed an important education reform bill. We agreed 
then that we would ``leave no child behind.'' Now we need to make sure 
we leave no worker behind. And that's why the package will include 
expanded trade adjustment assistance
  This is not a partisan idea. It's an American idea.
  It was also the one clear area of agreement among the recommendations 
of the bipartisan U.S. Trade Deficit Review Commission, which was 
established by Congress in 1998.
  Among the key members of the commission were President Bush's trade 
representative, Robert Zoellick; Defense Secretary Donald Rumsfeld; and 
George Becker, the former president of the United Steelworkers.
  Nor is trade adjustment assistance a new idea. It has been part of 
American trade policy for 40 years.
  The current program, however, covers too few people. And it does not 
address some of the most serious problems displaced workers have in 
finding productive new employment.
  I commend Senators Baucus and Bingaman for their leadership in 
putting together a proposal that corrects both of those shortcomings.
  I also thank Senator Snowe, who has been working closely with us on 
this effort.
  We already have 47 cosponsors.
  There are some reasons why we need a new, expanded program of trade 
adjustment assistance. I want to cite a few.
  Today, if your employer's plant moves to Mexico, you are eligible for 
a year of additional unemployment benefits, plus education and 
training. But if your plant moves to Brazil--or any other nation 
besides Mexico--you get none of these benefits.
  The new proposal says that no matter where your company moves, you 
get help.
  Today, workers whose company moves to another country are eligible 
for trade adjustment assistance. But let's say your employer provides 
parts to another company, and that company moves to another country. If 
you lose your job in that case, you are not eligible for assistance.
  The new proposal makes sure these ``secondary workers'' get help, 
too.
  For the first time, the new proposal also includes farmers.
  As a general matter, expanded trade will provide billions and 
billions of dollars in economic growth for the United States.
  Certainly, we can dedicate a small fraction of this gain to those 
Americans who are harmed. It is the right thing to do. Frankly, it will 
be impossible to build a broad consensus for expanded trade unless we 
do it right.
  We should help American workers learn the new skills they need to 
earn a living. We should help them maintain health insurance while 
they're unemployed--and help protect against wage loss when they become 
re-employed.
  I also want to reaffirm my strong support for the Andean Trade 
Preference Expansion Act.
  Again, I wish we could have passed it quickly, this week, as I had 
originally hoped. But I am confident we can pass it in a relatively 
short period of time after we return.
  Congress first passed the Andean Trade Preferences Act 10 years ago 
as a comprehensive effort to defeat narco-trafficking and reduce the 
flow of cocaine into the United States.
  The program allows the President to provide reduced-duty or duty-free 
treatment for most imports from Bolivia, Columbia, Ecuador, and Peru.
  The goal is simple: to provide farmers in a region that produces 100 
percent of the cocaine consumed in the United States with viable 
economic alternatives to the production of coca.
  The program works.
  In the last decade, our Andean neighbors have made significant 
economic gains, and trade between the United States and the region has 
increased dramatically.

[[Page 3778]]

  According to the International Trade Commission, between 1991 and 
1999, two-way trade between the United States and Andean nations nearly 
doubled, and U.S. exports to the region grew by 65 percent.
  The ITC also reports that ATPA has contributed significantly to the 
diversification of the region's exports.
  In addition, the program has served as a catalyst for resolving 
regional conflicts, pushing the members of the Andean community--
particularly Peru and Ecuador--to work toward resolution of long-
standing disagreements that have undercut efforts at regional 
development.
  ATPA is doing, in other words, precisely what it was intended to do. 
So there is every reason to extend it on its own merits.
  But in addition, the bill we passed last year to expand U.S. trade 
with Caribbean countries has had the unintended effect of putting the 
Andean nations at a competitive disadvantage with other nations in the 
region.
  The development and stability of the Andean region is as much in our 
interest as it is in theirs.
  The package we will consider when we return will renew ATPA and, at 
the same time, level the playing field between Andean nations and their 
Caribbean neighbors.
  I thank Senator Graham of Florida for his leadership in putting 
together the proposal and again Chairman Baucus for putting the entire 
trade package together.
  The word ``trade'' has its roots in an old Middle English word 
meaning ``path,'' which is connected to the word ``tread'' to move 
forward.
  The trade package we will consider when we return will enable us to 
move forward in this new global economy in a way that strengthens our 
national security and the economic security of American businesses and 
families. We look forward to a good and vigorous debate when we return.
  I yield the floor and suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. BINGAMAN. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. BINGAMAN. Mr. President, I wanted to speak very briefly in 
agreement with the majority leader about his comments on both trade 
promotion authority and trade adjustment assistance. I think the two 
clearly have to go together and quickly. There are a great many workers 
in this country who are getting inadequate benefits. Many are getting 
no benefits because we have not modernized our Trade Adjustment 
Assistance Program.
  We have a good proposal to modernize that program which we passed out 
of the Finance Committee, and I think it is very important that we 
bring that up on the Senate floor after we return and pass that as 
quickly as possible. I know that is intended to pass in tandem with the 
trade promotion authority.
  The administration is anxious to see that pass. I think if there are 
disagreements about the trade adjustment assistance proposals that we 
have reported out of the Finance Committee, we need to have early 
negotiations to resolve this.
  I know the administration has expressed concerns. To my knowledge, we 
have not had any real counterproposals that could be seriously 
considered. So I hope that will get done in the next couple of weeks 
before we return, and I hope we will be in a position to pass a new, 
improved set of provisions regarding trade adjustment assistance. I 
think that is a real priority. I was pleased we were able to move ahead 
in the Finance Committee. I think it is very important to move ahead on 
the floor as well.
  Mr. President, I thank the distinguished majority leader for his 
comments on the trade legislation package that we will be considering 
soon. Clearly, this legislation is extremely important to the economic 
welfare of the country and I look forward to helping him get it passed. 
In particular, I want to get trade adjustment assistance legislation to 
the floor so we can begin to help American workers and communities in a 
more effective way.
  I have heard a lot of criticism lately about the trade adjustment 
assistance bill especially concerning its linkage to fast-track 
legislation but I have to agree with the majority leader that I see 
fast-track and trade adjustment assistance to be complementary. Fast-
track will allow the creation of free-trade agreements that will 
provide broad collective benefits to Americans, but it will also result 
in negative impacts on American workers and communities.
  From where I sit, we should not pass legislation that will negatively 
impact American workers without expanding and enhancing the Trade 
Adjustment Assistance Program. We need strong protections in place for 
American workers and their communities. We need a safety net that keeps 
these workers competitive and their communities strong. The Bush 
administration has stated as much many times, most recently in their 
trade policy agenda that came out this week.
  My colleagues know that trade adjustment assistance has never been 
about ideologies or political parties. It has always had bi-partisan 
support. If my colleagues look at the number of people in their state 
that have used trade adjustment assistance over the years, or are using 
it now, they will admit the program is about helping people and 
communities get back on their feet. I am prepared to negotiate on the 
outstanding issues, and I am convinced that common ground can be found 
rather easily on the core components of the bill.
  I thank the distinguished majority leader for his continued efforts 
to bring this legislation to the floor in a timely fashion, I want to 
thank Senator Baucus for his continued efforts to emphasize the 
importance of trade adjustment assistance, and I look forward to 
working with both of my colleagues in the future to ensure we pass this 
important legislation.
  Mr. President, I suggest the absence of a quorum.
  The assistant legislative clerk proceeded to call the roll.

                          ____________________




  NATIONAL LABORATORIES PARTNERSHIP IMPROVEMENT ACT OF 2001--continued

  Ms. LANDRIEU. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Ms. LANDRIEU. Mr. President, at this time, I ask unanimous consent 
that the pending amendment be temporarily laid aside so that I may 
offer an amendment.
  Mr. REID. Reserving the right to object, Mr. President, I say to my 
friend from Louisiana that we are almost getting a unanimous consent 
agreement. When we get it, we may ask the Senator to withhold so we can 
enter into this agreement.
  Ms. LANDRIEU. I will have no objection to that, as long as I have an 
opportunity to offer the amendment sometime this afternoon.
  Mr. REID. The Senator can do it now.
  The PRESIDING OFFICER. Without objection, the pending amendment will 
be laid aside.


                Amendment No. 3050 To Amendment No. 2917

  Ms. LANDRIEU. Mr. President, I send an amendment to the desk on 
behalf of myself and Senator Kyl.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follow:

       The Senator from Louisiana (Ms. Landrieu), for herself and 
     Mr. Kyl, proposes amendment numbered 3050.

  Ms. LANDRIEU. Mr. President, I ask unanimous consent that further 
reading of the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

   (Purpose: To increase the transfer capability of electric energy 
      transmission systems through participant-funded investment)

       At the appropriate place, insert the following:

[[Page 3779]]

     SEC. _. PARTICIPANT-FUNDED INVESTMENT.

       Section 205 of the Federal Power Act is amended by 
     inserting after subsection (h) the following:
       ``(i) Transmission expansion costs.--
       ``(1) Rates for transmission expansion.--
       Upon the request of a Regional Transmission Organization, 
     or any transmission entity operating within an RTO that is 
     authorized by the Commission, the Commission shall authorize 
     the recovery of costs on a participant-funding basis of 
     transmission facilities that increase the transfer capability 
     of the transmission system. The Commission shall not 
     authorize the recovery of costs in rates on a rolled-in basis 
     for such transmission facilities unless the Commission finds 
     that, based upon substantial evidence--
       ``(A) the transmission investment is identified and 
     incorporated in the regional transmission plan of a FERC 
     approved regional transmission organization;
       ``(B) participant funding for the investment is not 
     feasible because the beneficiaries of the investment cannot 
     be identified; and
       ``(C) the transmission investment is necessary to maintain 
     reliability of the transmission grid within the area covered 
     by the regional transmission organization.
       ``(2) Participant-funding.--The term `participant-funding' 
     means an investment in the transmission system of a regional 
     transmission organization or any Commission authorized entity 
     operating with the RTO that--
       ``(A) increases the transfer capability of the transmission 
     system; and
       ``(B) is paid for by an entity that, in return for payment, 
     receives the tradable transmission rights created by the 
     investment.
       ``(3) Tradable transmission right.--The term `tradable 
     transmission right' means the right of the holder of such 
     right to avoid payment of, or have rebated, transmission 
     congestion charges on the transmission system of a regional 
     transmission organization, or the right to use a specified 
     capacity of such transmission system without payment of 
     transmission congestion charges.
       ``(4) Regional transmission organization facilitation.--
       ``(A) In general.--To encourage the regional transmission 
     organization or any Commission-authorized transmission entity 
     operating within the RTO to identify participant-funded 
     investment, the Commission shall allow a regional 
     transmission organization or any entity constructing a 
     participant funded project within the RTO to--
       ``(i) receive a share of the value of the tradable 
     transmission rights created by the participant-funded 
     expansion; or
       ``(ii) receive a development fee.''.

  Mrs. LANDRIEU. Mr. President, many years ago Arnold Glasow said that 
``all some folks want is their fair share--and yours.''
  Today, I rise to offer an amendment that provides for true fairness 
in electricity pricing and in doing so paves the way for much needed 
transmission expansion at a national level.
  Over the past 10 years demand for electricity has increased 17 
percent while transmission investment during the same period has 
continuously declined about 45 percent.
  What is even more troubling is that current demand for electricity is 
projected to increase by 25 percent over the next 10 years with only a 
modest increase in transmission capacity of 4 percent. With projected 
demand exceeding projected additional capacity five times over, 
problems seem imminent.
  It is no surprise to this Senator that in recent years electricity 
shortages due to transmission constraints have plagued the country from 
one coast to another and various points in between. Unless we deviate 
immediately from the past ways of doing business, our economy will be 
held hostage to transmission constraints with rolling blackouts 
becoming the norm rather than the exception.
  Our existing electrical transmission system was designed to serve 
local customers from utility-owned generation on a State-by-State 
basis. However, in recent years more and more ``merchant generation'' 
operated by independent companies have begun to connect to the 
electrical grid in order to transmit electricity to local as well as 
out-of-region customers.
  Though this increased generation added much needed competition, it 
began to strain the current transmission system. The pricing mechanism 
at the wholesale level still employs the old socialized rate method of 
continuously increasing the rates for local customers even though most 
of the beneficiaries are out-of-region customers. This antiquated 
pricing method has dampened the push to enhance transmission capacity 
in energy producing States as State regulators are reluctant to pass 
excessive transmission cost off to local customers who are not 
benefitting from the electricity. Meanwhile energy dependent regions of 
the country are denied cheap and reliable electricity.
  Electricity price spikes in the Midwest during the summer of 1998 
were caused in part by transmission constraints limiting the ability of 
the region to import electricity from other regions of the country. In 
the summer of 2000, transmission constraints limited the ability to 
sell low-cost power from the Midwest to the South during a period of 
peak demand, resulting in higher prices for customers. Recent blackouts 
in northern California were the result of transmission constraints in 
southern California due to California's Path 15 transmission route. The 
east coast has also suffered from transmission constraints and price 
spikes in recent years.
  Surely, there must be a more equitable way to allocate cost while 
simultaneously enhancing our transmission capacity. It is not fair to 
expect customers in energy generating States to keep paying for 
transmission expansion when this increased transmission is primarily 
being developed for out-of-region use. In addition, the lack of 
transmission capacity under this archaic pricing method continues to 
deny customers in energy importing States the benefit of cheaper 
electricity from other regions of the country.
  The best policy for efficient competitive wholesale power markets is 
``participant-funded'' expansion. In this system, market participants 
``fund'' expansions to the transmission network in return for the 
transmission rights created by the expansion investment. This approach 
gives proper economic incentive for new generator location and 
transmission expansion decisions.
  In the new world, the numbers and volumes of interstate transactions 
are large and growing every day. In my home State of Louisiana, there 
are enough new merchant generation plants planned to almost double the 
amount of generation in the State today.
  Those who favor socializing these costs may argue that ``rolled in 
pricing is ok because transmission is such a small part of a consumer's 
total bill.'' This was true in the past but not anymore. If we must 
build enough transmission to export just a portion of this new 
generation--10,000 megawatts--the estimated cost would be $2 billion to 
$4 billion. Louisiana's share of this cost would be $90 to $180 million 
per year, and impose a retail rate increase of 5 to 11 percent. All 
with no significant benefit to local customers.
  The opponents of this amendment argue that transmission upgrades may 
be more expensive than the delivered power is worth. If it is too 
expensive to build facilities to move the power, then the plant is 
being built in the wrong place. No one should bear these costs, least 
of all local consumers.
  The developers need to take these costs into account when they site 
their plants--just like they consider gas costs, water costs, and 
environmental permits. The participant funding concept is not new--this 
concept has been successfully implemented in the natural gas industry 
through incremental pricing. As a result of incremental pricing in the 
natural gas industry, proposed annual additions in 2002 to natural gas 
pipeline capacity has increased by nearly 100 percent relative to 1999.
  The opponents of this legislation want the risk and consequences of 
bad siting decisions to be socialized, so that all the ``little guys'' 
will pick up the tab. In contrast, participant funding gives proper 
price signals for new generator location, and it assures an 
economically efficient level of grid expansion.
  I realize this amendment is generating quite a bit of discussion; 
however, electricity transmission policy is not a popularity contest, 
it is about making tough but fair decisions. The electricity debate 
reminds me of something that Mark Twain once said: ``Whenever you find 
yourself on the side of the majority, it is time to pause and 
reflect.''
  I therefore ask my fellow colleagues to pause for a moment and 
reflect over

[[Page 3780]]

the content of this amendment, what it has meant to the natural gas 
industry and what it will mean for our economic prosperity in the 
future. Let's work together in an equitable manner toward building 
efficient and reliable electrical highways by adopting this amendment.
  Thank you, Mr. President, and I ask unanimous consent that my 
amendment be laid aside.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator from Nevada.
  Mr. REID. Mr. President, I ask unanimous consent that Senator 
Murkowski be recognized to offer a second-degree amendment to the 
Bingaman amendment relating to grandfathering; that there be 1 hour 
equally divided and controlled in the usual form, with no amendment in 
order thereto prior to a vote in relation to the amendment; that upon 
the use or yielding back of time, the Senate proceed to a vote in 
relation to the amendment; that if the Murkowski amendment is defeated, 
it be in order for Senator Collins to offer an amendment relating to 
renewables with 20 minutes for debate prior to a vote in relation to 
that amendment, with the time equally divided and controlled in the 
usual form; that the Collins amendment be considered following 
consideration of the Kyl amendment, which is a second-degree amendment 
relating to ``opt out,'' on which there will be 20 minutes for debate 
prior to a vote in relation to the amendment, with the time equally 
divided and controlled in the usual form; that upon disposition of the 
amendments covered under this agreement, the Senate proceed to vote on 
the Bingaman amendment, as amended, if amended, without any intervening 
action or debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. REID. Mr. President, there is a possibility of four votes 
tonight. The two managers are aware of this. They are going to do the 
best they can. Everybody should be aware, these are complicated issues 
and pay attention to this debate.
  The PRESIDING OFFICER. The Senator from Alaska.


                Amendment No. 3052 to Amendment No. 3016

  Mr. MURKOWSKI. Mr. President, I send an amendment to the desk and ask 
for its immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Alaska [Mr. Murkowski] proposes an 
     amendment numbered 3052 to amendment No. 3016.

  Mr. MURKOWSKI. Mr. President, I ask unanimous consent that the 
reading of the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

           (Purpose: To protect State portfolio requirements)

       On page 6, on line 6, strike ``mix.'' and insert ``mix. The 
     provisions of this section shall not apply to any retail 
     electric supplier in any State that adopts or has adopted a 
     renewable energy portfolio program.''

  Mr. MURKOWSKI. Mr. President, the amendment I have proposed would 
exempt the retail electric suppliers in any State that has a renewable 
energy portfolio requirement.
  What we have behind us is a chart that I think fairly identifies the 
issue. This chart shows States where renewable portfolio standards 
would be preempted by a Federal mandate. In other words, by this 
current proposal in the underlying Bingaman amendment, all States would 
be mandated for a renewable contribution of about 10 percent, without 
exception.
  What does this do? We have 14 States that already have initiated 
renewable mandates because they believed it was in the best interest of 
their State. We have seven other States--these are the orange States--
that are in the process of considering renewable portfolio standards. 
What are those States? We have Massachusetts, New Jersey, Pennsylvania. 
We have Hawaii, Arizona, New Mexico, Nevada. Then, of course, we have 
Minnesota, Illinois, Wisconsin. We have the west coast.
  The point is, 14 States have a program now. Again, they are Arizona, 
Connecticut, Hawaii, Illinois, Iowa, Maine, Massachusetts, Minnesota, 
Nevada, New Jersey, New Mexico, Pennsylvania, Texas, and Wisconsin. 
Then there are seven States shown on the chart which are considering a 
program: California, Maryland, Nebraska, New Hampshire, Oregon, 
Washington, Vermont.
  What does this really mean? This means the renewable mandate, the 
Bingaman amendment, would preempt those 14 States and the other 7 
States identified with a program which would basically disallow them 
from going forward. They would not have a choice; they would be 
mandated.
  Most, if not all, of these States' programs, in my opinion, are 
inconsistent with the renewable mandate in the Bingaman amendment. 
These 14 existing State programs were created on one simple premise--
and I would encourage Members who are watching and staffs to recognize 
this--that purpose was to match the State's needs and to take into 
account local circumstances.
  Each State is different. Each State has an opportunity to consider 
programs that match their needs and match their levels of capability. 
Some States may be able to achieve more in the area of renewability. Is 
it their business to necessarily sell credits?
  What we are trying to do is encourage across the board greater 
utilization of renewables. What is wrong with a voluntary system? 
Fourteen existing State programs were created to match their State 
needs and to take into account local circumstances.
  As we know, some States are richer than others in wind energy 
sources. Some States are richer in geothermal. Other States have the 
potential of biomass. Some States have the potential of hydro. States 
have tailored their renewable programs, through their own initiative, 
to match their local resources with their local needs.
  We are going to take that away because we are coming down, as the 
Bingaman amendment indicates, with a one-size-fits-all Federal program. 
In other words, it is not good enough for the States to address their 
responsibility and seek within the State's initiative how to reach a 
renewable mandate.
  It applies the same to Maine as it does in Texas, and clearly the 
States are different. They are in different climate locales. They are 
in different parts of the country. I do not have to explain the 
differences. But this would mandate one size fits all.
  The amendment exempts retail electric suppliers in any State that 
adopts or has adopted a renewable energy program. So it exempts retail 
electric suppliers in any State that has adopted a renewable energy 
program. This allows existing State programs to continue, and it allows 
States to adopt a program in the future. That is the purpose of our 
amendment.
  Now, if a State fails to act, then it will be subject to the 
requirements of the Bingaman amendment. So you are forcing a mandate, 
in a sense, that if they do not take the initiative and act themselves, 
then they fall under the Bingaman amendment, which is a mandate.
  This allows for the existing 14 States, it allows for the 7 that are 
in the process of considering it, and then it gives the others an 
option to initiate a renewable program, but if they do not, they fall 
under the mandate.
  It seems to me if we value States rights, if we recognize one size 
does not fit all, there is certainly justification for consideration of 
the merits of a State initiating a program that it sees fit in relation 
to the conscious effort to try to encourage more renewables, but where 
a State moves forward, this amendment allows that State effort to 
continue. It seems to me this is a practical, realistic, sensible 
approach that gives the States an opportunity to address their 
responsibility towards encouraging renewables by their own initiative, 
which the 14 States clearly have done, and 7 others are in the process 
of initiating that action.
  I encourage Members to reflect on the value of State rights and on 
the value of this particular effort not only working but the States 
initiating an action to address a need and fill it.

[[Page 3781]]

  Before we get carried away in the debate, again I want to recognize 
something I think has been overlooked rather dramatically, and that is 
there is a cost associated with renewables. We went into that a little 
bit in the debate over the Kyl amendment. But if we take a hypothetical 
utility, let us say, that generates a billion kilowatt hours and there 
is the 10-percent mandate on renewable portfolio standards, that is 100 
million kilowatt hours of renewable energy, times 3 cents per kilowatt, 
which is about the--well, the average price is generally considered 
roughly 3 cents--that is $3 million for renewable credits. Now that is 
a cost that is going to be passed on to the ratepayer--$3 million for 
requiring a 10-percent mandate.
  Let's look at a typical utility. Let's look at Wisconsin Electric: 
Retail sales over the year 2000, about 3,173,000,000 kilowatt hours, 
times a 10-percent renewable portfolio standard; that is 317,331,000 
kilowatt hours of renewables. That is what they are going to have to 
get into Wisconsin, times 3 cents per kilowatt hour; that is $9.5 
million, the cost of renewable credits that is going to be passed on to 
the ratepayer in Wisconsin.
  The current wholesale price, as I have indicated, is roughly 3 cents 
per kilowatt hour. So make no mistake about it, not only have we 
already mandated an increase to the utility consumers in this country 
by the 10-percent mandate that prevailed when the Kyl amendment failed 
but now we are mandating one size fits all. We are taking a relatively 
orderly program that the States initiated, where 14 States actually 
have renewable programs and 7 States are looking at those programs and 
saying, everybody is going to have a renewable program that meets the 
10-percent standard set in the underlying bill. It does not allow the 
States that are not addressing it an alternative other than than a 
mandate of 10 percent.
  As a consequence, I don't think this is the best way to legislate a 
portfolio renewable standard by the theory of one size fits all.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from New Mexico.
  Mr. BINGAMAN. Mr. President, I rise in strong opposition to the 
amendment the Senator from Alaska has offered. The amendment 
essentially guts the renewable portfolio standard contained in the 
amendment I proposed. The amendment I proposed has a provision called 
State savings clause that reads:

       This section does not preclude a State from requiring 
     additional renewable energy generation in that State or from 
     specifying technology mix.

  Any State that wants to step up and do something more, or specify the 
technology mix appropriate for their State, is encouraged. It is not 
discouraged. It will control.
  That is not what the amendment of the Senator is proposing.
  Mr. MURKOWSKI. Could I ask a question?
  Mr. BINGAMAN. I yield for a question.
  Mr. MURKOWSKI. I am curious. In the statement of the Senator from New 
Mexico that a State could go beyond, is the Senator suggesting it would 
go beyond the 10-percent norm? They could do anything above it but have 
to meet the 10 percent?
  Mr. BINGAMAN. In response to my colleague, that is exactly right. 
They can do anything in addition in the way of requiring renewable 
energy generation and they can specify any technology mix they want. 
There is nothing in the Federal law restricting a State in this regard.
  If I may continue.
  Mr. MURKOWSKI. I don't want to interrupt.
  Mr. BINGAMAN. You are interrupting, but go right ahead.
  Mr. MURKOWSKI. If a State were 5 percent, it would be mandated to go 
10 percent. If another State were 12, it could set anything it wanted; 
is that correct?
  Mr. BINGAMAN. The Senator is correct in that a renewable portfolio 
standard that is not as effective as the one we are proposing would not 
meet the Federal standard and would not be adequate. The Federal 
standard would still prevail.
  I point out what the amendment of the Senator says:

       The provisions of this section--

  That would be this renewable portfolio standard we had the vote on 
earlier with the Kyl amendment----

     shall not apply to any retail electric supplier in any State 
     that adopts or has adopted a renewable portfolio energy 
     program.

  He then cites a variety of States that are on the chart that have 
adopted these renewable energy portfolio programs. He has included New 
Mexico on the chart. We have no renewable energy portfolio program in 
our State. We adopted one and suspended it for 6 years, but it is on 
the chart as a State qualifying to be exempt from the Federal program. 
He has included Illinois. I have a description that says on June 22, 
2001, Illinois Governor George Ryan signed legislation creating the 
Illinois Resource Development and Energy Security Act. The legislation 
states, as an explicit goal, at least 5 percent of the State's energy 
production and use derive from renewable forms of energy by 2015 and 15 
percent from renewable sources of energy by 2020.
  However, it does not include an implementation schedule. There is 
nothing in the Illinois-passed law that will actually get them to the 
stated goal. They have adopted a renewable portfolio program under the 
definition of his amendment, but it has no teeth.
  The summary on the Nebraska program he cites says in April of 1998 
the Lincoln Electric System created a wind power green pricing program 
called the Lincoln Electric System Renewable Energy Program. It is a 
green pricing program and does not require them to make available 
renewable power in any way. It says they should give an option when 
people pay their bill for so-called green pricing.
  The point is, if we want to have a national program to deal with the 
national electric grid we have talked about for several weeks, and we 
want to move this country in the direction of using renewable energy to 
a greater extent than in the past, we have to go ahead and maintain 
this renewable portfolio standard we proposed in the bill.
  To say any State that wants to can adopt something, set a goal or put 
in a program, suspend it for 6 years, as in New Mexico, and thereby 
satisfy that State from being out from under the requirements of the 
law, totally guts the effect of the law. This is essentially another 
vote like the vote we had with the Kyl amendment. The Kyl amendment 
said renewable power shall be made available to customers to the extent 
it is available.
  This amendment says States will comply with the renewable portfolio 
standard in this bill, except to the extent they determine to do 
something else.
  We cannot let them off the hook on that basis. Either we favor a 
renewable portfolio standard--and I believe a majority of the Senate 
does; that is what the Kyl vote was an indication of; the majority of 
the Senate believes we should require this modest commitment to 
renewable energy--either we do that or we do not.
  To say any State that adopts anything that they call a renewable 
portfolio program is out from under any requirement clearly guts the 
effort we are making. I strongly oppose the amendment and hope we 
defeat the amendment.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Alaska.
  Mr. MURKOWSKI. Mr. President, I appreciate the Senator from New 
Mexico pointing out the status in his particular State. I wonder if 
Illinois and New Mexico suspended their programs, I wonder if they did 
so primarily because they thought suspension was not in the best 
interests of the consumers in their State. I don't know the reason. I 
certainly look forward to an explanation from my friend from New Mexico 
if, indeed, there is one relative to why the State of New Mexico saw 
fit to suspend it.
  Mr. BINGAMAN. Mr. President, I am glad to respond.
  Mr. MURKOWSKI. I am happy to yield.
  Mr. BINGAMAN. In the case of New Mexico, the renewable portfolio was 
included in a much larger deregulation

[[Page 3782]]

proposal the State adopted before the difficulties in California. Once 
the difficulties in California became evident with supplies of 
electricity there, our legislature got concerned and essentially put on 
hold and suspended any effect of the entire statute until the year 
2006, when they said they would look at it again.
  The renewable portfolio standard, which obviously is not in any way 
related to the issue of deregulation that they were struggling with in 
California, was a casualty of the concern. I am not disagreeing with 
the decision of our legislature to put off the deregulation, but I 
think they made an error in putting off the effort to move toward a 
renewable portfolio standard. Clearly, though, they are counted in what 
the Senator has in mind in his amendment as having a program in New 
Mexico, even though it is suspended until the year 2006.
  Mr. MURKOWSKI. Mr. President, I am happy to respond. I will not speak 
with the expertise that obviously my friend has from his own State, but 
it is appropriate to recognize they have not initiated an action in the 
sense of most of the other 14 States. The Senator from New Mexico 
indicates Illinois and Nebraska. I cannot speak for Nebraska, 
obviously; the occupant of the chair can. Clearly, there are some 
States out of the 14 that have initiated the program on their own. That 
is great. That should be encouraged. Texas is certainly one.
  There may be a misunderstanding between the Senator from New Mexico 
and myself as to what happens under the current legislation with our 
amendment if it prevails relative to the States that are blank on the 
chart.
  The blank States are the ones in white. They have to comply with the 
10 percent that is in the Bingaman bill. They have to mandate, if you 
will, that they come up with 10 percent. So they are not left out. This 
is not a gutting, by any means, of the crux of Senator Bingaman's 
point.
  We are saying all the rest of those States, more than half the States 
in the Nation that have not initiated a renewable program, have to do 
it. They are going to be mandated under the 10-percent mandate. So do 
not be misled, as I think a reference was made, that somehow we are 
gutting this provision because we are not. Those States would be 
mandated in. But they would also be given an opportunity to come up, as 
the States in green and the States in red are, with what they believe 
is a reasonable, attainable renewable mandate.
  Mr. BINGAMAN. Will my colleague yield?
  Mr. MURKOWSKI. I want to make one more point before I respond to my 
friend from New Mexico.
  A State with a 10-percent mandate, they say, on hydro, would now have 
to also meet an additional 10 percent--OK? An additional 10 percent, 
with something new: solar, wind--whatever, under the Federal mandate.
  I think the States ought to take a look at this. The Federal 
Government is dictating a 10-percent fuel mix, regardless of your State 
program.
  I am happy to yield for a question.
  Mr. BINGAMAN. Mr. President, let me ask this of my friend: The way I 
read his amendment, it says any State--this provision does not apply to 
any retail electric supplier in any State that adopts or has adopted a 
renewable portfolio, energy portfolio program.
  Am I correct that a State that is one of the white States on this 
map, that they do not have a program right now--if they decide to adopt 
a program which says instead of going to 10 percent, we will go to one-
tenth of 1 percent by the year 2020--that certainly is a renewable 
portfolio program in every sense of the word--they would be out from 
any other requirements because they will have adopted a program, a 
renewable portfolio program under his amendment and, therefore, our 
effort to move them in any meaningful way to use renewable power would 
be thwarted? Would he agree with that?
  Mr. MURKOWSKI. If I may respond, I think we have to make a general 
acknowledgment that States are responsible. Their utility commissions 
are responsible. Their ratepayers are responsible. They are going to 
respond as they see fit to the needs of their people as opposed to what 
the Senator from New Mexico is proposing as a mandate--everything is 
equal.
  It is not equal. It is not equal in my State. It is not equal in 
Hawaii. We are not even connected to the continental United States. Yet 
there is a mandate here. Hawaii has to come across the same way as 
Alaska, the same way as Iowa.
  I think to suggest that a State would be irresponsible is selling 
short the American citizen.
  People are concerned about energy sources. They are concerned about 
pollution. I do not think any State is going to stand by for 
irresponsible actions, or a percentage that would suggest an 
unrealistic contribution to renewables.
  Who are we to stand here and simply mandate that everybody has to be 
the same? What we have recognized is realistic. We said all those 
States in white--how many of them are left? Probably 35. They will be 
mandated under the bill of the Senator from New Mexico, 10 percent. 
They are uniform. We are giving them a chance to initiate an initiative 
based on their own recognition of what is responsible, what is 
attainable, what is available.
  We have a terrible inconsistency. Some States have the convenience--
and it is very convenient--of the renewable hydro. But under this 
proposal, a State with a 20 percent mandate based on hydro would now 
have to also meet an additional 10 percent with solar or wind, under 
the Federal mandate. The Federal Government is dictating a 10-percent 
fuel mix, regardless of the State program. This is ignoring the State 
program.
  The Senator from New Mexico says it is OK if you go above a mandate 
with your State program--that's OK.
  It is one size fits all, 10 percent, make no mistake about it.
  This one says, if you are a white State, you can initiate a program 
that meets your needs and makes a contribution. I think that is 
responsible legislation. I do not think it is gutting the renewable 
package because if a State doesn't want to do it, it is going to be 
forced to do it. But the States that have initiated a program, let's 
honor that.
  There is nothing magic about 10 percent. Where did they get 10 
percent? Why isn't it 8 or 9? Why isn't it 11?
  We said it is 10 percent, that is why it is 10 percent. Some States 
are saying it should be 6 percent. It should be 5 percent. Some States 
do better than 10 percent. Some States have hydro. Yet we are not 
recognizing hydro in this.
  I suggest Members think a little bit about this. They are going to 
have to go home and face not only the ratepayers, they are going to 
have to face their utility commissioners and people are going to say: 
So one size fits all? You made a mandate in Washington. You are going 
to take away the initiative of our own program.
  The suggestion that States would act irresponsibly I find 
unacceptable. If utility commissioners and those responsible for 
decisions act irresponsibly, they are voted out by the local process.
  What does Maine have? Maine has 30 percent renewables. They have 
hydro. What about that which comes in from Canada? You can buy power 
from Canada. I assume we can buy credits from Canada as well. I think 
we have addressed some in the technical amendments, that we address the 
issue of buying credits outside the United States?
  My friend from New Mexico has indicated we are going to, I think, 
agree to prohibit purchase of credits, say, from the Chinese, who are 
building the Three Gorges Dam, or the Canadians. These, in my opinion, 
are significant aspects that have been overlooked in this bill. The 
reason they were overlooked is we have not had an opportunity to go 
through the committee process because, as you know, this bill came 
directly to the floor.
  So do not be misled that somehow we are getting the renewable 
program. Everybody gets it, under my amendment--everybody. The existing 
States have to maintain it, whatever they believe is their level. The 
States in red

[[Page 3783]]

that are generating an interest in it are going to have to, and the 
rest of them, if they do not do anything, are going to have to come 
under Senator Bingaman's mandate.
  In my State we have a long winter. In some areas it is pretty hard to 
get running water, so hydro doesn't necessarily carry it. We dare not 
tread on ANWR around here because that is sacred.
  Nevertheless, we have a situation that I hope Members and staff will 
recognize. This is not by any means gutting. This is a responsible 
effort to address, if you will, the initiatives of States to set their 
own level.
  I yield the floor and retain the remainder of my time.
  Mr. BINGAMAN. Mr. President, how much time remains on the two sides?
  The PRESIDING OFFICER. The Senator from Alaska controls 6\1/2\ 
minutes, the Senator from New Mexico, 23 minutes.
  Mr. BINGAMAN. Mr. President, let me speak for just a few minutes on 
this issue. I don't believe I will need a full 22 minutes. Let me put 
it in context.
  The reason we believe it is important to include in this legislation 
a renewable portfolio standard is that we believe it is important that 
the Nation have a diverse group of sources--a diverse supply for its 
energy needs. We are headed in the future to a situation where that 
diversity is not present to the extent it should be.
  I have shown this chart many times. We spent nearly a week on the Kyl 
amendment. This is essentially the same issue coming back in another 
form. Let me show the chart again.
  You can see that in the year 2000 we are providing about 69 percent 
of our total energy needs from two sources; that is, from coal and 
natural gas. A lot of new generation is under construction around the 
country. We have a lot of new generation that is expected and planned 
for, and 95 percent of that new electric generation that is currently 
planned is planned to be gas fired. It is going to be using more 
natural gas. We have a problem with that in that today we are not 
producing as much natural gas as we are consuming. The disparity 
between what we are producing and what we are consuming is going to 
grow. It is continuing to grow.
  We are saying let us hedge our bets as a nation. Let us try to 
encourage utilities to develop some renewable energy sources. We give 
them a wide variety that they can pursue. But do something in this 
regard. We are saying in the amendment I have at the desk, try to do 1 
percent in the year 2005. That is what we have in the bill. Try to do 
1.6 percent in the year 2006. We have very small increments after that.
  The whole idea is that by the year 2020 we would try to do 10 percent 
of their total generation from one or more of these various sources.
  We specifically provide in the legislation that it is up to the 
States to decide the right mix. It is up to the individual utility. The 
individual utility can decide what the right mix is. We are not trying 
in any way to dictate that.
  There are some States that have stepped up and are doing something 
useful. Texas is the most successful. They have a very credible 
program. Then-Governor Bush--President Bush now--signed that into law. 
It has moved that State very significantly towards the use of renewable 
resources. I think they are being held up as a model by many experts 
for what we ought to see around the country.
  We are not saying everyone has to do as much as Texas. We are saying 
let us do as much as we have in this amendment.
  We have all sorts of flexibility about how they get from here to 
there. There are some States that produce more than the 10 percent from 
renewable resources. There are States that have adopted programs that 
will get them to a higher level than the 10 percent. More power to 
them. We do not do anything to discourage that. We want to discourage 
the opportunity for States to essentially give this lip service and not 
really do anything.
  We want to encourage the opportunity for States to do as Illinois has 
done. Illinois has a great goal. They say: We want to be at 5 percent. 
We want to be at 15 percent. That is wonderful. But they do not have 
any teeth in their bill.
  New Mexico has a good goal. I cannot recall exactly what the goal is. 
But we just suspended the goal until the year 2006 because of other 
considerations that had nothing to do with the renewable portfolio 
standard issue.
  The majority of the Senate favors having a renewable portfolio 
standard. Let us do it. Let us keep this provision in the law.
  The Senator's amendment would, in my strong opinion, gut the 
renewable portfolio standard. It says if you have adopted any other 
program that you can call a renewable energy portfolio program, it 
doesn't matter how much teeth there is in it, or standard. If you 
adopted anything, you are exempt. If you haven't adopted anything, then 
you need to adopt something in order to be exempt. We are not telling 
you what it has to be. We are just saying it has so be something. If 
you adopt anything, you are exempt.
  That is a gutting of the provision, in my opinion. Clearly, that is 
not what I believe the majority of the Senate wants to do.
  I strongly oppose the amendment by the Senator from Alaska.
  Mr. MURKOWSKI. Mr. President, I wish the occupant of the chair, the 
former Governor, could join us in this debate. He may have some 
opinion.
  I remind my colleagues that ordinarily we do not practice dentistry 
here, and the reference to teeth in the bill may have an application. 
But I have to go back to my firm belief in the government being closest 
to the people as usually the government that is most responsive.
  I fail to acknowledge that if we don't adopt this mandate, we are 
somehow being irresponsible. I think the way we have crafted this 
second degree is, again, not by any means an opportunity for the States 
to opt out. On the other hand, if they don't develop a program, they 
are going to be mandated in. Let there be no mistake about it. All 
those States on the chart in white are going to be mandated to meet the 
10-percent renewable requirement.
  Talk about teeth in the bill. I think those are teeth. They are 
saying if the States don't take the initiative to do it, you are going 
to have to do it.
  The Senator from New Mexico says the majority wants a renewable 
mandate. Every State in the Union is going to be affected and, in 
effect, mandated because those in the white will have to come up with a 
program. Those in the red and green are already initiating programs.
  I think the generalization of my friend from New Mexico is a little 
misleading. All States are going to be mandated in one form or another, 
either by the fact that they don't have a program or the fact that they 
do have one. If they want to drop this program, such as the State of 
New Mexico did, they are going to be mandated into a program--a 10-
percent mandate.
  I hope I am making myself clear. Some are going to be left out of 
this. Everybody is going to have to have a renewable program. The only 
difference is, under my proposal the States affected clearly would have 
some flexibility.
  If it is up to the States to decide what the renewable mix should 
be--I say if it is up to those States--why not let them choose the 
level of their renewable?
  Does the Senate believe it knows better than the States to do what is 
cost effective and appropriate given the States' renewable resources?
  As I have said, the Midwest has wind. The East may have biomass. The 
Southwest may have solar and geothermal. Different levels are cost 
effective.
  As we practice dentistry around here, and recognize that the 
allegation has been made that there is no teeth in this, there is teeth 
in my proposal. There is plenty of teeth in it. Nobody has opted out. 
What I think we have in this proposal is some false teeth.
  The PRESIDING OFFICER. The Senator from Arizona.
  Mr. KYL. Mr. President, might I inquire, does the Senator have about 
1 minute I could take?

[[Page 3784]]

  The PRESIDING OFFICER. Two minutes are remaining.
  Mr. KYL. I would like to take 1 minute.
  Mr. MURKOWSKI. Go ahead and take 2.
  Mr. KYL. I thank the Senator.
  Mr. President, I support the amendment of the Senator from Alaska. 
Clearly, those States that have moved forward with the program for 
renewable resources to generate electricity have made a determination 
over a period of time about what they can best do in their particular 
States and what is in the best interest of their consumers.
  It seems to me, since they have taken the trouble to do that, and 
they have done a lot of work on it, that it would be wrong for us--at 
least premature for us--to come in as the Federal Government and say: 
No. No. We know what is best for you. Even though we have not had any 
hearings, we have not had any markup in the committee, we are doing 
this all on the floor of the Senate, we instinctively know what is best 
for your State. That is really a supreme arrogance, even for the U.S. 
Senate.
  So what the Senator from Alaska is saying is, look, for those States 
that have already chosen to do this, let them run their programs the 
way they want to, and even for those States that chose to do so in the 
future.
  This really satisfies the argument that those on the other side have 
made that we need to do something--they use the words--``to encourage'' 
States to use renewables. A mandate is a lot more than an 
encouragement, but be that as it may, for those that have already 
chosen to do it, they have been encouraged. Let's recognize that and 
acknowledge their programs and accept them as they are. And, perhaps, 
for the rest of the States, our mandatory program will encourage them 
as well. They, then, should be allowed to move forward with the 
programs as they see fit.
  So given the fact the Kyl amendment was defeated before--and I accept 
that--it seems to me this is a very good compromise, in effect, that 
recognizes what the other side wants: to make the States have some kind 
of a program, but it also provides them flexibility in recognition of 
the unique circumstances of their individual States.
  I think it is a good compromise. I think the Senator from Alaska 
should be complimented for it. I certainly support his amendment and 
hope others will as well.
  The PRESIDING OFFICER. Who yields time?
  Mr. BINGAMAN. Mr. President, how much time remains?
  The PRESIDING OFFICER. Seventeen minutes.
  Mr. BINGAMAN. All of that is in opposition?
  The PRESIDING OFFICER. That is correct.
  Mr. BINGAMAN. Mr. President, I am informed that Senator Jeffords 
wants to speak in opposition. I also want to speak for another couple 
minutes, but I would like to do that after him. I would have to suggest 
the absence of a quorum at this time in order to preserve his right to 
speak.
  The PRESIDING OFFICER. The Senator from Alaska.
  Mr. MURKOWSKI. We have had a few requests for time from Senators who 
would like to catch airplanes.
  Mr. BINGAMAN. I assume time runs against me during the quorum call.
  The PRESIDING OFFICER. Time would run against the Senator.
  Mr. MURKOWSKI. Thank you.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. BINGAMAN. Mr. President, I ask unanimous consent the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER (Mr. Akaka). Without objection, it is so 
ordered.
  The Senator from New Mexico is recognized.
  Mr. BINGAMAN. Mr. President, let me be very brief. I will speak for a 
couple minutes and then yield back the remainder of our time. I am 
informed Senator Jeffords will not be arriving in time to speak prior 
to this vote.
  Mr. President, I strongly urge Senators to oppose this Murkowski 
amendment. It does, in my strong opinion, gut the underlying provision 
which we have been debating now for the last several days.
  The renewable portfolio standard that we have in the amendment I have 
sent to the desk requires certain things from utility companies over 
the next 18 years, between now and the year 2020. We all understand 
that.
  What the Murkowski amendment says is that any utility located in any 
State that has something else in the way of a renewable portfolio 
program, no matter how weak it is, is exempt from the Federal 
requirement. It also says that if you are in a State that does not have 
anything, the State can adopt anything, no matter how weak. And then 
utilities in that State are also exempt. So it is very clear that his 
amendment does eliminate any meaningful mandate on utilities anywhere 
in the country.
  I strongly urge Senators to oppose the Murkowski amendment. It would 
gut our renewable portfolio provision. For that reason, I think it 
should be defeated.
  Mr. President, I know of nobody else on our side who wishes to speak 
in opposition. So I yield back the remainder of my time.
  Mr. REID. Mr. President, I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There is a sufficient second.
  The question is on agreeing to amendment No. 3052. The clerk will 
call the roll.
  The assistant legislative clerk called the roll.
  Mr. NICKLES. I announce that the Senator from Wyoming (Mr. Enzi), the 
Senator from Pennsylvania (Mr. Spector), the Senator from Alaska (Mr. 
Stevens), and the Senator from South Carolina (Mr. Thurmond), are 
necessarily absent.
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 39, nays 57, as follows:

                      [Rollcall Vote No. 58 Leg.]

                                YEAS--39

     Akaka
     Allard
     Allen
     Bennett
     Bond
     Bunning
     Burns
     Campbell
     Cochran
     Craig
     Crapo
     DeWine
     Domenici
     Frist
     Gramm
     Hagel
     Hatch
     Helms
     Hollings
     Hutchinson
     Hutchison
     Inhofe
     Inouye
     Kyl
     Lott
     Lugar
     McCain
     McConnell
     Miller
     Murkowski
     Nickles
     Roberts
     Santorum
     Sessions
     Shelby
     Smith (NH)
     Thomas
     Thompson
     Warner

                                NAYS--57

     Baucus
     Bayh
     Biden
     Bingaman
     Boxer
     Breaux
     Brownback
     Byrd
     Cantwell
     Carnahan
     Carper
     Chafee
     Cleland
     Clinton
     Collins
     Conrad
     Corzine
     Daschle
     Dayton
     Dodd
     Dorgan
     Durbin
     Edwards
     Ensign
     Feingold
     Feinstein
     Fitzgerald
     Graham
     Grassley
     Gregg
     Harkin
     Jeffords
     Johnson
     Kennedy
     Kerry
     Kohl
     Landrieu
     Leahy
     Levin
     Lieberman
     Lincoln
     Mikulski
     Murray
     Nelson (FL)
     Nelson (NE)
     Reed
     Reid
     Rockefeller
     Sarbanes
     Schumer
     Smith (OR)
     Snowe
     Stabenow
     Torricelli
     Voinovich
     Wellstone
     Wyden

                             NOT VOTING--4

     Enzi
     Specter
     Stevens
     Thurmond
  The amendment (No. 3052) was rejected.
  Mr. BINGAMAN. I move to reconsider the vote.
  Mr. LOTT. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  The PRESIDING OFFICER. The Republican leader is recognized.
  Mr. LOTT. Mr. President, I see several of the interested parties are 
here, and I do want to propound unanimous consent requests on a couple 
of issues.
  I had hoped we would be able to reach agreement to move on the debt 
ceiling before the Senate went out of session. It appears that we are 
not going to be able to do that. I think we should.
  Also, I had the impression we were going to try to do the Andean 
trade bill before we left. The President is on his

[[Page 3785]]

way to Mexico, and he is going to Peru. The Andean countries feel very 
strongly about this issue and have said it is not only a trade issue, 
but has become a very serious political issue.
  I would like for us to do these two things, and I will propound 
unanimous consent requests on both. Is there a preference as to which 
one I do first? I will propound the Andean request first.

                          ____________________




        UNANIMOUS CONSENT REQUESTS--H.R. 3009, S. 517 and H.R. 6

  Mr. LOTT. Mr. President, I ask unanimous consent that the Senate 
proceed to the consideration of Calendar No. 295, H.R. 3009, the Andean 
trade legislation; further, I ask unanimous consent that the committee 
amendment be agreed to, the bill be read a third time and passed, with 
the motion to reconsider laid upon the table; finally, I ask unanimous 
consent that the Senate insist on its amendment, request a conference 
with the House, and the Chair be authorized to appoint conferees on the 
part of the Senate.
  The PRESIDING OFFICER. Is there objection?
  Mr. HOLLINGS. I object.
  Mr. DASCHLE. Reserving the right to object.
  The PRESIDING OFFICER. The majority leader is recognized.
  Mr. LOTT. The majority leader is recognized under a reservation?
  Mr. HOLLINGS. I object.
  Mr. LOTT. Mr. President, will the Senator from South Carolina 
withhold?
  The PRESIDING OFFICER. The majority leader is recognized.
  Mr. DASCHLE. Mr. President, I wish to point out that Senator Lott and 
I have talked about this matter on a number of occasions. I share his 
strong desire to complete our work on Andean trade. We will do so.
  I have also indicated a desire, and I know it is a desire held on 
both sides of the aisle, to finish the energy bill. It would be my hope 
we could move to many of these other pressing legislative priorities as 
soon as we finish energy.
  We had agreed to take up and finish our energy responsibilities, and 
that is what we are doing. We have been on the bill now for 13 days, as 
my colleagues will note. There is one item that may keep us from 
reaching some agreement in the near future, and that is the ANWR 
amendment. We have been attempting to get some understanding about how 
we might resolve the issue relating to ANWR. So I ask unanimous consent 
that on Monday, April 8, at 2 p.m., the Senate resume consideration of 
S. 517; that Senator Murkowski be immediately recognized to offer his 
amendment relating to ANWR; that the amendment be debated Monday and 
Tuesday; and that the Senate file cloture on his amendment Monday; that 
if cloture is not invoked on the amendment, then the amendment would be 
withdrawn and no further amendments relating to drilling in ANWR be in 
order.
  If the Republican leader could agree to this, then I think we would 
be in a position to move very quickly, as soon as we finish our work on 
ANWR and on energy, on this and other matters.
  Mr. LOTT. Reserving the right to object to that additional request, 
the request would not include the UC with regard to Andean trade; it 
would be strictly with regard to ANWR?
  Mr. DASCHLE. This would allow us to complete our work on ANWR and on 
energy so we could move to not only Andean trade but TPA and border 
security as well.
  Mr. LOTT. Let me assure Senator Daschle, under my reservation, I 
would like for us to get a vote on ANWR included in the energy bill and 
move to completion of the energy bill as soon as possible thereafter, 
too. Beyond that, I have urged the manager of this legislation, on our 
side of the aisle, to move to the ANWR issue as early as possible when 
we come back. I hope that would be, hopefully, even Tuesday, but of 
course we will have to dispose of a couple of pending issues because we 
do not want that to still be pending at the end of the week. We would 
like to finish the energy bill the week we come back because I know we 
need to go to the budget resolution and the trade bill.
  My encouragement to the managers is we do ANWR earlier in the week so 
we can then do the tax provision which, I presume, would be last, and 
we would be prepared to go to the final passage of the bill.
  At this time I object to that addition.
  The PRESIDING OFFICER. The objection is heard.
  Mr. LOTT. I objected to the request with regard to ANWR.
  Now, did Senator Graham want to speak on the Andean trade issue, or 
will he speak on it after the reservations?
  Mr. HOLLINGS. After the objection.
  Mr. LOTT. After the objection?
  Mr. HOLLINGS. Right.
  Mr. LOTT. That would be fine.
  Mr. HOLLINGS. I object.
  Mr. LOTT. The Senator from South Carolina objects?
  Mr. HOLLINGS. I do.
  Mr. LOTT. I want to make sure. There are others who might object as 
did the Senator from South Carolina so the record is complete.
  The PRESIDING OFFICER. The Senator from Florida is recognized.
  Mr. GRAHAM. Mr. President, I appreciate the minority leader's efforts 
to get unanimous consent to consider the Andean Trade Preference Act, 
which I consider to be a matter of not only urgency but also a matter 
of national moral responsibility for the United States.
  For 10 years, we had a special relationship between this country and 
four countries in Latin America: Ecuador, Peru, Bolivia, and, primarily 
because of its size, Colombia. All of those countries now are in 
various forms of threat to their sovereignty, to their democracy, and 
to their economic well-being.
  The United States, at this time of need, I believe, is morally 
obligated to reach out to our good neighbors in the hemisphere through 
the adoption of this legislation, which would essentially extend what 
we have done for 10 years, a very successful relationship on both 
sides, and modernize and bring it up to the same standards we have 
already provided to the countries of the Caribbean Basin.
  Since we are not going to be dealing with this issue tonight, I hope 
we will make a commitment that early after we return on April 8 we will 
give attention to this matter so we can send the strongest possible 
signal to these beleaguered countries that we understand their need and 
that we want to be a partner in their resolution.
  I urge our leadership to give priority attention to this issue at the 
earliest possible time.
  The PRESIDING OFFICER. The Senator from South Carolina.
  Mr. HOLLINGS. Mr. President, right to the point on Andean trade, we 
have supported it and we have indicated, of course, to the 
administration we would go along with an extension. However, we have 
given at the office, as the saying goes. I have lost 50,900 textile 
jobs since NAFTA, and I am wondering about these people talking of 
morality, if they would be glad to accept my amendment to include 
Brazil and orange juice. Wouldn't that be immoral?
  I have another moral for a motion on the Andean pact, and that is to 
get a little beef and wheat to Argentina; they are in desperate 
circumstances. Morally, under the good neighbor policy of Franklin D. 
Roosevelt, we Democrats ought to be morally committed to beef and wheat 
to Argentina.
  We have all kinds of amendments we can present. My point is, this 
country has lost its manufacturing capacity. That goes right to the 
heart of the economy and the recovery from the recession. Under the 
Marshall plan, yes, we sent over our technology and expertise. It 
worked. Capitalism conquered communism. However, there comes a time to 
face reality and that is that there is no such thing as free trade. We 
have the enemy within--the Business Roundtable. Boy, I have gotten 
awards from them. But what has happened over the years is they have 
moved their production.
  I would like to print in the Record about Jack Welch squeezing the 
lemon. He said on December 6, 2000, the year before last, squeeze the 
lemon. He said General Electric was not going to serve or contract with 
any supplier that didn't move to Mexico.

[[Page 3786]]

  So we have an affirmative action plan to get the jobs. Then comes 
free trade, promotes jobs.
  The gentleman Welch is squeezing something else. That is not a 
problem. I don't think we are going to handle that tonight.
  Let's now get on with what we are morally committed to on the idea of 
trade. I am morally committed to the economic strength of this country.
  Mr. HELMS. Mr. President, I do not relish questioning legislation 
that the President and the distinguished Republican leader are seeking 
to move through the Senate, but I feel obliged to make sure that the 
Record reflects that I am genuinely opposed to the request to move to 
the Andean trade bill because I am committed to standing up for the men 
and women from North Carolina who earn their living in the textile 
industry.
  Time and again, these good citizens have been asked to sacrifice 
their livelihoods for the sake of textile trade liberalization. In 
2001, the textile and apparel sector lost almost 141,000 domestic jobs. 
In North Carolina alone, more than 20,000 jobs were lost last year. The 
steady erosion of the manufacturing base in North Carolina is creating 
a genuine crisis, both for the men and women who are out of work, and 
the communities which depend on a healthy domestic textile industry.
  The so-called Andean Trade Preferences Act proposes to unilaterally 
allow duty-free imports of apparel products from the Andean region. 
This legislation will exacerbate the problems facing our communities 
rather than assisting our industries and workers.
  Mr. President, with all respect, I do not believe the Senate should 
proceed to the Andean trade bill, and I, therefore, feel obliged to 
oppose the leader's request.
  Mr. LOTT. One other issue. I really am bothered by the fact we are 
going to be leaving town and have not extended the debt ceiling. The 
Treasury Department has indicated they may or likely will have to take 
action around April 1 to deal with the fact that the debt ceiling may 
have been reached, and that they would do a number of things, as other 
administrations have done, possibly even dip into the pension fund to 
carry us over.
  Senator Daschle and I talked about the need to move this before we 
left, to move it clean and move it for a year, but we have not been 
able to get that cleared. I think the Senate would look much better, 
and it would have been a wise thing for us to do to move the debt 
ceiling extension.
  I ask unanimous consent that the Senate now proceed to the 
consideration of Calendar No. 168, H.R. 6, and that all after the 
enacting clause be stricken; further I ask that the text of a Senate 
bill which is at the desk, which is in the debt limit extension, be 
inserted in lieu thereof; further I ask that the bill be read a third 
time and passed, with a motion to reconsider laid upon the table.
  The PRESIDING OFFICER. Is there objection?
  Mr. HOLLINGS. I object.
  The PRESIDING OFFICER. Objection is heard.
  Mr. LOTT. I yield the floor.
  The PRESIDING OFFICER. The Senator from Wisconsin.
  Mr. FEINGOLD. Mr. President, with regard to the last request and the 
objection, I want to indicate that I, too, would have objected. 
Congress has had a long tradition of linking the budget process reform 
to increases in the statutory limit on Government debt. Obviously, no 
one knows this better than the Senator from Texas when in 1985 Congress 
enacted the Gramm-Rudman-Hollings law as an amendment to the debt limit 
bill, and in 1987, after the Supreme Court ruled the first Gramm-
Rudman-Hollings law unconstitutional, then Congress added the 
reaffirmation of the Gramm-Rudman-Hollings law to the debt limit. Then 
in 1990, Congress enacted the Budget Enforcement Act in the same 
legislation with an increase in the debt limit.
  There is a logical link between the debt limit issue and controlling 
of deficits. I think the Senate should only vote to raise the debt 
limit if it is linked with reforms to prevent the need for future debt 
limit increases, and I hope that when we return to this issue there is 
an opportunity for an amendment with a limited time agreement so we can 
perhaps address this important matter.
  The PRESIDING OFFICER. The majority leader is recognized.
  Mr. DASCHLE. Mr. President, I hope everybody realizes this was an 
exercise without any real value because the House went out last night. 
Even if we had passed it tonight, there is no prospect for the House to 
take this legislation up until after they come back in 2 weeks. We have 
been waiting for the House to give us some indication as to the size of 
the debt limit increase they support and some understanding of what 
they will do. We have yet to hear what the House plans are with regard 
to the debt limit.
  The last I heard is they were having some difficulty in reaching 
agreement, and because they have not reached an agreement, they do not 
have the votes to increase the debt under any conditions at this point. 
There is some indication now they are planning to offer the debt limit 
increase as an amendment to the supplemental, but the supplemental has 
yet to be presented to the Congress. So we do not have a supplemental. 
We do not have any indication from the House as to what their 
intentions are with regard to the size or the timeframe within which 
the debt will be considered and extended. So even if we did take up the 
debt limit tonight, as I wish we could do as well, unfortunately we are 
still going to have to wait until after the House acts on the 
legislation for us to be able to complete our work.
  So I do hope when we come back we can work in a bipartisan manner and 
send clean legislation either to the House or wait for the House to 
send similar legislation to us.
  I yield the floor.

                          ____________________




  NATIONAL LABORATORIES PARTNERSHIP IMPROVEMENT ACT OF 2001--Continued

  The PRESIDING OFFICER. The Senator from Arizona is recognized.


                Amendment No. 3057 To Amendment No. 3016

  Mr. KYL. Mr. President, I have an amendment at the desk numbered 
3057.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Arizona [Mr. Kyl] proposes an amendment 
     numbered 3057.

  Mr. KYL. I ask unanimous consent reading of the amendment be 
dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       On page 9 after line 7 insert:
       ``(n) Protection of Consumers.--Upon certification by the 
     Governor of a State to the Secretary of Energy that the 
     application of the Federal renewable portfolio standard would 
     adversely affect consumers in such State, the requirements of 
     this section shall not apply to retail electric sellers in 
     such State. Such suspension shall continue until 
     certification by the Governor of the State to the Secretary 
     of Energy that consumers in such State would no longer be 
     adversely affected by the application of the provisions of 
     this section.''

  Mr. KYL. I will take a couple of minutes to explain this amendment. 
It is very straightforward. Since we have been through the debate, we 
do not have to have a great deal more. We have tried twice, once myself 
and once Senator Murkowski, to give the States more authority to deal 
with the problem of renewable energy. Both of our amendments have been 
rejected. We accept that.
  This amendment is one last attempt to preserve some semblance of 
ability by the States to protect their electric consumers in the event 
the costs of this Federal mandate program should be too great and 
allows, therefore, the Governor to opt out or waive the provisions of 
the program in that one eventuality.
  From the Energy Information Administration of the Department of 
Energy, we have an account of every single utility in the country in 
every single State, by State, showing exactly what this Federal mandate 
in the Bingaman provision is expected to cost

[[Page 3787]]

retail consumers. It averages around a 4-, 5-, 6-percent per year 
increase, but it varies from region to region and utility to utility.
  The point is, when customers begin to feel the pinch of the Federal 
mandate in the Bingaman amendment, they will ask you or your Governors 
is there anything they can do. My amendment says, yes, the Governor 
would have the ability in that event to waive the provisions of the 
Federal mandate, if he finds those provisions are adversely affecting 
the retail customers of the State.
  These figures may not be accurate. If that is the case, fine. But if 
these figures are accurate, I suspect your constituents, your voters, 
your retail electric customers, are going to want some relief.
  This is the last liferaft, folks. We have been defeated on everything 
else. This is at least a liferaft that provides some ability of the 
program to be waived so it would not adversely affect them. I ask my 
colleagues to consider not the utilities in your State; what we are 
saying is, if it should transpire that the Bingaman amendment adversely 
affects people, shouldn't we have some kind of escape valve, some 
ability for the Governor to say: We are going to opt out until the 
situation transpires in a better way for the people of our State, for 
our electric customers. That is what this amendment does. I hope my 
colleagues will support it.
  The PRESIDING OFFICER. The Senator from Virginia.
  Mr. ALLEN. Mr. President, I would like to ask a question of the 
Senator from Arizona on the renewable energy matter. I was looking at 
the information he has provide and saw that under the Bingaman 
provision electricity bills in Virginia would increase by 5.5 percent 
on average--some, for example at Virginia Power, would go up by 4.8 
percent.
  Having served previously as Governor of Virginia, we would take a 
bunch of businesspeople up to New York City. We called it a report to 
top management. We talked about the attributes of coming to Virginia 
and locating businesses in our State. We talked about taxes, right-to-
work laws, and regulations. But a key factor was the cost of 
electricity. Virginia's electricity costs are generally lower than 
those of the national average.
  A Governor heads up economic development efforts. Do I understand 
your amendment correctly that a Governor who knows how to attract more 
jobs into a State, as that usually is a priority for a Governor, if he 
or she saw this was harmful for creating jobs in his or her State, 
could waive out of this Federal mandate if it was harming the 
competitiveness of the State and businesses?
  Mr. KYL. Mr. President, the only way a Governor could waive the 
provisions with respect to his State would be if he found that the 
renewable portfolio standard would adversely affect consumers in his 
State. So he would have to find it is adversely affecting the retail 
electric consumers in his State for him to be able to waive the 
mandated provisions of the Bingaman proposal.
  Mr. ALLEN. I thank the Senator.
  In view of this, we ought to trust the people in the States. The 
Governors can determine whether this is adversely affecting their 
consumers and the ability of their citizens to get good jobs. The 
definition of consumers is not restricted just to individuals. They are 
also business enterprises. We ought to trust the people in the States 
who have the same concerns as everyone in this body to make this 
determination as to how it may affect their respective States.
  I urge my colleagues to support the amendment of the Senator from 
Arizona.
  Mr. KYL. I ask unanimous consent Senator Helms be listed as a 
cosponsor.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Who yields time?
  Mr. BINGAMAN. How much time remains?
  The PRESIDING OFFICER. The Senator has 10 minutes and there are 4 
minutes on the side of the opponent.
  Mr. BINGAMAN. I yield 3 minutes to the Senator from Vermont.
  Mr. JEFFORDS. Mr. President, one would hope we would not have to 
continue with the barrage of amendments that attempt to deprive the 
American public access for increased renewable resources. Make no 
mistake, the American public has made it very clear they support 
renewable energy. Poll after poll indicates the overwhelming majority 
of Americans support requiring utilities to produce electricity from 
renewable energy resources.
  Americans want clean energy. They want technology that leaves the air 
clean, that does not contribute to lung cancer, that does not sicken 
their children. They want to diversify or domestically produce energy 
to buffer against price instability, and to lessen the vulnerability of 
our energy infrastructure through terrorist attack.
  But we have yet another amendment that would weaken efforts to 
encourage production of renewable energy. This amendment allows a State 
to opt out of the energy program at any time the Governors certify it 
would adversely affect the consumers of the State. Clearly, this is no 
standard at all.
  First, a certification that something ``may adversely affect'' 
consumers is pretty close to being as loose a statutory requirement as 
anyone can craft. The obvious effect is to allow States to opt out, 
leaving a piecemeal and unpredictable program.
  As I said before, one of the overarching benefits of the Federal 
renewable energy standard is that it encourages regional generation and 
distribution of renewable energy. State provisions often limit credit 
to renewable energy generated within the States. A Federal standard 
encourages utilities to meet these renewable energy requirements by 
purchasing and selling renewable energy beyond State boundaries.
  This recognizes a reality that our electricity generation is in fact 
regional in nature, with customers in California using energy provided 
from New Mexico, and a variety of New England States receiving their 
power from New York. Exempting States on a piecemeal basis serves to 
significantly weaken the regional application of a nationwide standard. 
A national standard must be uniformly applied to be effective.
  When the American public says they want laws supporting renewable 
energy, they do not mean sham laws that, on their face, are going to do 
nothing.
  We have already spoken at length about all the reasons we need it. We 
have mentioned the health benefits, et cetera, so I am not going to 
spend any more time doing that, other than to say this amendment should 
be defeated.
  I yield the floor.
  Mr. BINGAMAN. Let me speak briefly, and I will yield the remainder of 
my time, and I hope the Senator from Arizona will as well.
  This will be the third time we have had essentially the same vote: 
The Kyl amendment earlier this morning, and then the vote we just had 
on the Murkowski amendment, and now this one. This amendment says that 
although we have a renewable portfolio standard, the majority of the 
Senate has agreed that makes sense, any Governor who doesn't agree with 
it can take his State out. He can sign a certification saying in his 
opinion----
  The PRESIDING OFFICER. The Senate will be in order.
  Mr. BINGAMAN. The point I was making is this amendment would 
essentially give Governors the option of taking their State out of this 
program by signing a certification to the effect that in their opinion 
this adversely affects folks in their State.
  The reality is the majority of the Senate has expressed their view. 
The majority of the Senate has indicated they believe putting a 
reasonable renewable portfolio standard in the law makes sense and this 
proposal does that in a gradual, moderate way.
  I think it would be a terrible mistake for us at this point to 
totally gut that provision, as the Kyl amendment would do. Anyone who 
voted against the Kyl amendment earlier today should oppose this 
amendment as well. Anyone who voted against the Murkowski

[[Page 3788]]

amendment just now should vote against this amendment as well.
  I am advised there may be others wishing to speak, so I reserve the 
remainder of my time.
  The PRESIDING OFFICER. The Senator from Alaska is recognized.
  Mr. MURKOWSKI. Mr. President, I have had several of my colleagues say 
don't worry, this is a green vote; it will be dropped in conference.
  Let me tell you what we have done here. We have excluded the right of 
States to have a choice. We have mandated that one size fits all.
  As this chart shows, under the previous vote we just completed, we 
were going to give recognition to the States that addressed the 
initiative of coming up with renewables. But what we were going to do 
was force the others that had not to perform under the 10-percent 
mandate.
  The idea of the Senator from Arizona, to give the Governor some 
discretion, I think is responsible legislation. Why should we sit here 
and mandate that one size fits all? The States know what is best for 
them, and we should concur with that and recognize, indeed, that they 
have their own best interests at heart and they are responsible people. 
They are elected just as we are.
  I yield the remainder of my time.
  The PRESIDING OFFICER. The Senator from Texas is recognized.
  Mr. GRAMM. Mr. President, I was struck in listening to our dear 
colleague from Vermont tell us about how many people are for this 
renewable energy and what a strong base of support there is for it. I 
guess the logical question is: If everybody is for it, why are we 
making them do it? If everybody is for it, why would any Governor opt 
his State out when he has to stand for re-election?
  The problem is, not everybody is for it and the costs may be--in some 
States and under some circumstances--prohibitive. So I urge people, 
take into account that things in your State may align in such a way 
that you would want the option, under those circumstances, to opt out. 
On that basis, I urge people to please vote for the Kyl amendment.
  The PRESIDING OFFICER. The majority leader.
  Mr. DASCHLE. Mr. President, as I understand it, all time has expired 
on the Republican side. I think we are prepared to yield back the 
remainder of our time.
  The PRESIDING OFFICER. There is 2 minutes remaining.
  Mr. DASCHLE. I will say, this will be the final vote for tonight. 
There will not be any votes tomorrow. But I do hope we can come back in 
2 weeks, and we are all going to help finish this bill on time; right? 
The week we get back.
  With that understanding, there will be no votes tomorrow, and the 
first vote will be on Tuesday, the second day of the week we come back.
  I yield the floor.
  Mr. GRAMM. Let no one say the final action before the recess is not 
bipartisan.
  Mr. MURKOWSKI. We yield back the remainder of our time.
  Mr. BINGAMAN. We yield our time.
  Mr. REID. Mr. President, I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There is a sufficient second.
  The question is on agreeing to amendment No. 3057.
  The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. NICKLES. I announce that the Senator from Wyoming (Mr. Enzi), the 
Senator from Texas (Mrs. Hutchison), the Senator from Alaska (Mr. 
Stevens), the Senator from South Carolina (Mr. Thurmond), and the 
Senator from Ohio (Mr. Voinovich) are necessarily absent.
  The PRESIDING OFFICER (Mr. Dayton). Are there any other Senators in 
the Chamber desiring to vote?
  The result was announced--yeas 37, nays 58, as follows:

                      [Rollcall Vote No. 59 Leg.]

                                YEAS--37

     Allard
     Allen
     Bennett
     Bond
     Bunning
     Burns
     Campbell
     Cleland
     Cochran
     Craig
     Crapo
     DeWine
     Domenici
     Frist
     Gramm
     Hagel
     Hatch
     Helms
     Hollings
     Hutchinson
     Inhofe
     Kyl
     Lott
     Lugar
     McCain
     McConnell
     Miller
     Murkowski
     Nickles
     Roberts
     Santorum
     Sessions
     Shelby
     Smith (NH)
     Thomas
     Thompson
     Warner

                                NAYS--58

     Akaka
     Baucus
     Bayh
     Biden
     Bingaman
     Boxer
     Breaux
     Brownback
     Byrd
     Cantwell
     Carnahan
     Carper
     Chafee
     Clinton
     Collins
     Conrad
     Corzine
     Daschle
     Dayton
     Dodd
     Dorgan
     Durbin
     Edwards
     Ensign
     Feingold
     Feinstein
     Fitzgerald
     Graham
     Grassley
     Gregg
     Harkin
     Inouye
     Jeffords
     Johnson
     Kennedy
     Kerry
     Kohl
     Landrieu
     Leahy
     Levin
     Lieberman
     Lincoln
     Mikulski
     Murray
     Nelson (FL)
     Nelson (NE)
     Reed
     Reid
     Rockefeller
     Sarbanes
     Schumer
     Smith (OR)
     Snowe
     Specter
     Stabenow
     Torricelli
     Wellstone
     Wyden

                             NOT VOTING--5

     Enzi
     Hutchison
     Stevens
     Thurmond
     Voinovich
  The amendment (No. 3057) was rejected.
  Mr. BINGAMAN. Mr. President, I move to reconsider the vote.
  Mr. MURKOWSKI. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                Amendment No. 3058 To Amendment No. 3016

  Mr. BINGAMAN. Mr. President, under the unanimous consent, I believe 
the Senator from Maine now is in order to offer her amendment which is 
an agreed-to amendment.
  The PRESIDING OFFICER. The Senator is correct. The Senator from 
Maine.
  Ms. COLLINS. Mr. President, on behalf of myself and Senator Snowe, I 
send an amendment to the desk.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Maine [Ms. Collins], for herself and Ms. 
     Snowe, proposes an amendment numbered 3058 to amendment No. 
     3016.

  Ms. COLLINS. Mr. President, I ask unanimous consent that reading of 
the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

    (Purpose: To clarify the definition of ``repowering or cofiring 
                              increment'')

       On page 8, line 15, delete the period and 
     add ``, or the additional generation above the average 
     generation in the three years preceding the date of enactment 
     of this section, to expand electricity production at a 
     facility used to generate electric energy from a renewable 
     energy resource or to cofire biomass that was placed in 
     service before the date of enactment of this section.''

  Ms. COLLINS. Mr. President, I rise to offer an amendment that 
recognizes the value of America's existing renewable energy resources. 
The Bingaman amendment does not give credit to existing renewable 
energy facilities. I believe a facility should receive credit at least 
for new renewable energy generation that is higher than the facility's 
average generation over the previous three years. My amendment would 
allow existing facilities to receive credit for increased generation of 
renewable energy.
  I support increasing our use of renewable energy. I believe it is 
important that any comprehensive energy legislation significantly boost 
the use of electricity produced from clean resources such as biomass, 
wind, geothermal, and solar energy. I support a significant renewable 
portfolio standard, which requires electricity suppliers to sell 
electricity that has a minimum amount of renewable energy.
  Promoting our renewable energy resources will help diversify our 
energy supplies, increase our energy security, and reduce pollution. It 
will move us one step closer to a cleaner energy future that reduces 
our reliance on fossil fuels.
  States are leading the way in demonstrating the benefits of clean 
energy standards. Twelve States, including Arizona, Connecticut, Iowa, 
Maine, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, 
Pennsylvania, Texas, and Wisconsin, have already adopted a renewable 
portfolio standard. A national RPS will complement and enhance the 
groundbreaking efforts by these states and will provide particular 
benefits to hard-pressed agricultural

[[Page 3789]]

and rural areas. Perhaps most important, a national RPS would create a 
new and vibrant national market across all states, and help to maintain 
America's international leadership in these energy technologies of the 
future.
  I commend the efforts to develop renewable energy in my home State of 
Maine. Maine has been a leader in developing renewable energy. In fact, 
Maine has enacted a state-wide renewable portfolio standard of 30 
percent. No other State has adopted as high a standard as Maine.
  Even though I am emphatically in favor of increasing renewable energy 
production, we must do so in a fair and equitable way. The proposal 
before us, offered by my friend from New Mexico, Senator Bingaman, 
unfairly discriminates against existing renewable energy resources. 
Unfortunately, the Senator from New Mexico has drafted legislation that 
does not properly give credit to existing renewable energy production.
  Why should we discriminate against States which have been proactive 
and invested heavily in renewable energy? I know my home State of 
Maine, as well as California and a number of other States, have 
invested huge resources into developing our renewable energy resources. 
These States have developed new technologies and set an example for 
other States to follow. Let's not penalize those States which have 
worked to develop our renewable energy industry from the ground up.
  Ideally, every existing renewable energy resource should receive full 
credit. I would like to see existing renewable energy resources receive 
100% credit. Doing so would help bring our total renewable energy 
generation to a higher level at less cost. Under the Bingaman approach, 
existing renewable energy resources will find themselves in an unfair 
competitive environment with new renewable energy sources. Existing 
renewable energy facilities will shut down, and new ones will be built 
next door. That is a poor use of resources. It will cost more money and 
raise electricity prices. Wouldn't it be better if States could form 
partnerships with each other to develop renewable energy resources in 
the most cost efficient manner possible? Surely we should allow States 
which don't have a lot of existing renewable resources to save money by 
buying inexpensive, existing credits from other States.
  I am offering this amendment that would provide at least partial 
recognition of those hard working Americans who have built our existing 
renewable energy resources. I would like to see all existing renewable 
energy resources included in this standard. However, my amendment does 
not go that far in an attempt to accommodate Senator Bingaman.
  My amendment merely says that increased output at existing renewable 
energy facilities should be counted. If an existing renewable energy 
facility were to increase its renewable energy output by 50%, then 
under my amendment that facility would receive credit for that 50% 
increase. Thus, consistent with the interest of Senator Bingaman's 
proposal, my amendment only gives credit to new renewable energy 
production.
  Those who have developed America's existing renewable energy 
resources should have their efforts recognized. At a minimum, I hope my 
colleagues will at least join me in giving these hard working Americans 
who have led the way on renewables partial credit. I ask my colleagues 
to join me in supporting this amendment.
  To reiterate, my amendment merely says that increased output at an 
existing renewable energy facility should be counted under this bill. 
If an existing renewable energy facility were to increase its renewable 
energy output by 50 percent, then under my amendment that facility 
would receive credit for that 50-percent increase. Thus, I believe it 
is consistent with the intent of Senator Bingaman's proposal in that it 
gives credit to expand renewable energy production.
  I ask for consideration of the amendment, and I thank both Senator 
Bingaman and Senator Murkowski for their assistance in this matter.
  The PRESIDING OFFICER. Who yields time?
  Mr. BINGAMAN. Mr. President, the amendment is acceptable on this 
side.
  Mr. MURKOWSKI. It is cleared on this side, Mr. President.
  The PRESIDING OFFICER. If all time is yielded back, the question is 
on agreeing to amendment No. 3058. Without objection, the amendment is 
agreed to.
  The amendment (No. 3058) was agreed to.
  Mr. BINGAMAN. Mr. President, I move to reconsider the vote.
  Mr. MURKOWSKI. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                     Amendment No. 3016, As Amended

  Mr. BINGAMAN. Mr. President, I believe the next item under the 
unanimous consent agreement is a vote on the Bingaman amendment.
  The PRESIDING OFFICER. The Senator is correct. The question is on 
agreeing to amendment No. 3016, as amended. Without objection, the 
amendment, as amended, is agreed to.
  The amendment (No. 3016), as amended, was agreed to.


                Vitiation of Action--Amendment No. 2996

  Mr. BINGAMAN. Mr. President, last week the Senate adopted an 
amendment by Senators Murkowski and Daschle relating to rural and 
remote community grants. There were a number of inadvertent errors in 
the amendment as adopted. Accordingly, I ask unanimous consent that the 
adoption of amendment No. 2996 be vitiated.
  The PRESIDING OFFICER. Without objection, it is so ordered.


    Amendments Nos. 3059 through 3069 En Bloc To Amendment No. 2917

  Mr. BINGAMAN. Mr. President, you have at the desk 11 amendments. I 
ask for their immediate consideration en bloc.
  The PRESIDING OFFICER. Without objection, it is so ordered. The clerk 
will report.
  The legislative clerk read as follows:

       The Senator from New Mexico [Mr. Bingaman], for himself and 
     Mr. Murkowski, proposes amendments en bloc numbered 3059 
     through 3069 to Amendment No. 2917.

  Mr. BINGAMAN. Mr. President, I ask unanimous consent that reading of 
the amendments be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendments (Nos. 3059 through 3069) are as follows:


                           Amendment No. 3059

   (Purpose: To authorize rural and remote community electrification 
                                grants)

  (The text of the amendment is printed in today's Record under ``Text 
of Amendments.'')


                           amendment no. 3060

                    (Purpose: To strike section 264)

       On page 65, strike line 18 and all that follows through 
     page 67, line 4.


                           amendment no. 3061

   (Purpose: To permit the Department of Energy to transfer uranium-
           bearing materials to uranium mills for recycling)

       On page 121, line 24, strike ``and'' and all that follows 
     through page 122, line 2 and insert:
       ``(5) to any person for national security purposes, as 
     determined by the Secretary; and
       ``(6) to a uranium mill licensed by the Commission for the 
     purpose of recycling uranium-bearing material.''.


                           amendment no. 3062

         (Purpose: To define the term `traffic signal module')

       On page 289, after line 4, insert the following:
       ``(41) The term `traffic signal module' means a standard 8-
     inch (200mm) or 12-inch (300mm) traffic signal indication, 
     consisting of a light source, a lens, and all other parts 
     necessary for operation, that communicates movement messages 
     to drivers through red, amber, and green colors.''


                           amendment no. 3063

        (Purpose: To provide test procedures for traffic lights)

       On page 289, after line 21, insert the following:
       ``(11) Test procedures for traffic signal modules shall be 
     based on the test method used under the Energy Star program 
     of the Environmental Protection Agency for traffic signal 
     modules, as in effect on the date of enactment of this 
     paragraph.''


                           amendment no. 3064

   (Purpose: To establish an efficiency standard for traffic lights)

       On page 301, after line 5, insert the following:

[[Page 3790]]

       ``(z) Traffic Signal Modules.--Traffic signal modules 
     manufactured on or after January 1, 2006 shall meet the 
     performance requirements used under the Energy Star program 
     of the Environmental Protection Agency for traffic signals, 
     as in effect on the date of enactment of this paragraph, and 
     shall be installed with compatible, electrically-connected 
     signal control interface devices and conflict monitoring 
     systems.''


                           amendment no. 3065

  (Purpose: To clarify those entities eligible to participate in the 
             Renewable Energy Production Incentive program)

       On page 60, line 20-23, strike ``an electricity-generating 
     cooperative exempt from taxation under section 501(c)(12) or 
     section 1381(a)(2)(C) of the Internal Revenue Code of 1986'' 
     and inserting ``a nonprofit electrical cooperative''.


                           amendment no. 3066

      (Purpose: To insert provisions relating to electric energy)

       On page 407, line 4, after ``including'', insert ``flexible 
     alternating current transmission systems,''.


                           amendment no. 3067

    (Purpose: To include geothermal heat pump efficiency among the 
      technologies to be reviewed under section 1701 of the bill)

       On page 568, line 20, insert ``geothermal heat pump 
     technology,'' before ``and energy recovery''.


                           amendment no. 3068

(Purpose: To provide for the updating of insular area renewable energy 
                      and energy efficiency plans)

       On page 574, following line 11, insert the following:

     SEC. 1704. UPDATING OF INSULAR AREA RENEWABLE ENERGY AND 
                   ENERGY EFFICIENCY PLANS.

       Section 604 of Public Law 96-597 (48 U.S.C. 1492) is 
     amended--
       (1) in subsection (a) at the end of paragraph (4) by 
     striking ``resources'' and inserting ``resources'' and
       ``(5) the development of renewable energy and energy 
     efficiency technologies since publication of the 1982 
     Territorial Energy Assessment prepared under subsection (c) 
     reveals the need to reassess the state of energy production, 
     consumption, efficiency, infrastructure, reliance on imported 
     energy, and potential of the indigenous renewable energy 
     resources and energy efficiency in regard to the insular 
     areas.''; and
       (2) by adding at the end of subsection (e) ``The Secretary 
     of Energy, in consultation with the Secretary of the Interior 
     and the chief executive officer of each insular area, shall 
     update the plans required under subsection (c) and draft 
     long-term energy plans for each insular area that will 
     reduce, to the extent feasible, the reliance of the insular 
     area on energy imports by the year 2010, and maximize, to the 
     extent feasible, use of renewable energy resources and energy 
     efficiency opportunities. Not later than December 31, 2002, 
     the Secretary of Energy shall submit the updated plans to 
     Congress.''.


                           amendment no. 3069

       (Purpose: To provide for access to the Alaska natural gas 
               transportation project and other purposes)

  (The text of the amendment is printed in today's Record under ``Text 
of Amendments.'')


                           amendment no. 3069

  Mr. MURKOWSKI. Mr. President, amendment No. 3069 incorporates all of 
the changes Senator Bingaman and I have worked out with the State of 
Alaska, the Alaska Legislature, the pipeline companies, the North Slope 
oil and gas producers, and northern Alaska petroleum explorers.
  One might imagine with the diversity of interests represented by this 
group of participants, there was not always unanimous agreement on each 
point.
  But at the end of the day, I believe what is contained in this 
substitute amendment is a fair compromise between often divergent 
points of view.
  I want to thank Senator Bingaman and his staff for all of the hard 
work they invested in working with me to craft this challenging 
amendment.
  Although Alaska North Slope gas has been available for over 30 years, 
development and commercialization has not been possible due to lack of 
local market and lack of transportation to commercial markets.
  The cost and risk associated with building a project of the magnitude 
we are speaking was just too daunting.
  All of you are aware of last year's efforts on the part of Exxon/
Mobil, Phillips, and British Petroleum to evaluate the commercial 
viability of transporting Alaska gas to markets in the lower 48.
  At the completion of their economic evaluation they determined that 
the project was ``not'' economically viable at this time.
  This negative economic determination set the stage for Congress's 
involvement in the Alaska gas debate.
  A way needed to be found to reduce both the cost and the risk 
associated with the construction of this $20 billion project.
  As you may know Senator Daschle and Bingaman introduced their energy 
bill last December--language was contained in that bill to assist in 
constructing the Alaska Gas Transportation Project.
  While that language was a good start, it did not address all of the 
problems that needed to be resolved in order to achieve the goal of 
cost and risk reduction.
  It also failed to address issues of significant concern to the people 
of Alaska.
  For the past several months Senator Bingaman and I have been engaged 
in discussions with all the interested parties in an attempt to come up 
with language that would remove as many barriers as possible standing 
in the way of constructing this project.
  The amendment that Senator Bingaman and I are offering today 
accomplishes this goal.
  I believe both the interest of Alaska and the nation are well served 
by the language we have crafted.
  It protects Alaska's interests by: prohibiting the ``Over-the-Top'' 
route thus keeping construction and operational jobs in Alaska ``and'' 
along with providing Alaskans with the opportunity to heat their homes 
and develop a gas based industry in our State; making it clear that 
Alaskans have full regulatory authority over gas coming off the 
mainline in our State; providing the opportunity for newly discovered 
Alaska gas to find its way to markets in the south; making special 
provisions for the transport of Alaska royalty gas to markets in 
Alaska; and setting up a $20 million dollar program to train Alaskans 
in the skills they will need to compete successfully for the high 
paying jobs created by the construction and operation of the Alaska Gas 
Transportation System.
  The national interest is protected by significantly reducing the risk 
associated with construction of a system that will provide the nation 
with a secure, abundant, and domestically produced supply of gas that 
will last well into the middle of the century.
  The national interest is served by: providing gasline builders with 
two separate and updated authorities to permit the project; providing 
expedited judicial review of legal challenges that might otherwise slow 
down the project; and creating a project coordinator to make sure that 
the scores of State and Federal agencies permitting the project are 
working together and not creating artificial bureaucratic barriers that 
will slow or halt the construction process.
  I firmly believe that the language contained in this amendment will 
go a long way towards reducing both the cost and the risk associated 
with the construction of the Alaska Natural Gas Transportation System.
  A system that will serve the special interests of Alaska and the 
Nation for decades to come.
  Mr. BINGAMAN. Mr. President, these 11 amendments have been cleared on 
both sides. I urge their adoption en bloc.
  The PRESIDING OFFICER. Is there further debate?
  If not, the question is on agreeing to the amendments en bloc.
  The amendments (Nos. 3059 through 3069), en bloc, were agreed to.
  Mr. BINGAMAN. Mr. President, I move to reconsider the vote.
  Mr. MURKOWSKI. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. BINGAMAN. Mr. President, I also move to reconsider the vote on 
the adoption of amendment No. 3016.
  Mr. MURKOWSKI. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 3023

  Mr. BINGAMAN. Mr. President, I have two other amendments that are at 
the desk at this moment. Amendment No. 3023, which is an amendment by 
Senator Lincoln related to the biodiesel credit, is cleared, and I urge 
that we go ahead and proceed with it.

[[Page 3791]]

  The PRESIDING OFFICER. If there is no further debate, the question is 
on agreeing to amendment No. 3023.
  The amendment (No. 3023) was agreed to.
  Mr. BINGAMAN. Mr. President, I move to reconsider the vote.
  Mr. MURKOWSKI. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 3041

  Mr. BINGAMAN. Mr. President, I ask unanimous consent that amendment 
No. 3041 be voted on.
  The PRESIDING OFFICER. If there is no further debate, the question is 
on agreeing to amendment No. 3041.
  The amendment (No. 3041) was agreed to.
  Mr. BINGAMAN. Mr. President, I move to reconsider the vote.
  Mr. MURKOWSKI. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. BINGAMAN. Mr. President, that completes the items we intended to 
complete today.
  The PRESIDING OFFICER. The Senator from West Virginia.
  Mr. BYRD. Mr. President, I yield to the Senator from Florida for how 
much time?
  Mr. GRAHAM. Two minutes.
  Mr. BYRD. For not to exceed 2 minutes.
  The PRESIDING OFFICER. Without objection, the Senator from Florida.


                Amendment No. 3070 To Amendment No. 2917

  Mr. GRAHAM. Mr. President, I wish to offer an amendment and ask that 
it be laid aside for consideration after we return.
  This amendment will add to the list of items which are acceptable as 
renewable energy municipal solid waste. When we return, I will make a 
more extended statement. In a State such as mine, the options for 
dealing with solid waste are essentially two: One is to bury it in a 
landfill; two is to incinerate it. Of those two, clearly, the 
incineration is a more benign impact on our environment. Given the high 
water table we have, land disposal of the solid waste creates serious 
issues of water quality. In my opinion, we should allow, as we have 
allowed this afternoon through the amendment of Senator Craig, expanded 
use of biomass, and now Senator Collins extended use of hydropower, we 
should recognize the fact that both in terms of environment and energy, 
allowing solid waste to energy to be one of the allowable renewable 
energy sources is in the national interest.
  I offer this amendment. I ask that it be set aside and look forward 
to a fuller discussion when we return.
  The PRESIDING OFFICER. The clerk will report the amendment.
  The assistant legislative clerk read as follows:
       The Senator from Florida [Mr. Graham] proposes an amendment 
     numbered 3070.
  Mr. GRAHAM. Mr. President, I ask unanimous consent that reading of 
the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:


                           Amendment No. 3070

(Purpose: To clarify the provisions relating to the Renewable Portfolio 
                               Standard)

       Strike Sec. 606(l)(3) and replace with the following:
       ``(3) Eligible renewable energy resource.--The term 
     `renewable energy resource' means solar, wind, ocean, or 
     geothemal energy biomass, municipal solid waste, landfill 
     gas, a generation offset, or incremental hydropower.''

  The PRESIDING OFFICER. The Senator from West Virginia.
  Mr. BYRD. Mr. President, does the Senator from Alaska wish to be 
yielded to?
  Mr. MURKOWSKI. Let me thank my good friend, the senior Senator from 
West Virginia. I appreciate the opportunity to respond very briefly 
with a statement.
  Mr. BYRD. How much time?
  Mr. MURKOWSKI. About 40 seconds.
  Mr. BYRD. Mr. President, I yield to the distinguished Senator for 
whatever time he may consume, up to 2 minutes, without losing my right 
to the floor.
  Mr. MURKOWSKI. Mr. President, I thank the President pro tempore for 
his generosity.
  Mr. President, I will file an amendment, but I shall not bring it up 
at this time. This amendment would require the cessation of importing 
oil from Iraq, which is currently at 1.2 million barrels a day, until 
such time as the President certifies that Iraq, one, allows U.S. 
inspectors access to suspected sites for the development of weapons of 
mass destruction; and, two, ceases to cheat the U.N. oil program by 
smuggling oil out through third countries.
  It will be my intention to bring this amendment up upon our return 
from the recess.
  I yield the floor.


                           Amendment No. 3042

  Mr. ROCKEFLLER. Mr. President, I am proud to submit today, along with 
my colleague Senator Carnahan, amendment No. 3042 to provide tax 
incentives to promote the use of a new type of energy-efficient 
technology for beverage vending machines. The Natural Resources Defense 
Council estimates that, when fully implemented, this new technology 
could reduce national energy use by up to 6 billion kilowatt hours, 
kWh, per year. This translates to an annual electricity savings of $600 
million, by encouraging the sale of new energy-efficient vending 
machines for bottled and canned beverages.
  Our amendment provides a $75 tax credit for the purchase of each 
qualifying energy-efficient vending machine. This incentive is 
necessary because vending machines are purchased by bottlers and other 
beverage machine operators and placed at third party locations to 
benefit consumers, but the types of machines purchased are not decided 
by the organization that pays the electricity bill. Unlike most 
products, the benefit of a vending machine's reduced energy consumption 
is captured by the third party location not by the machine's purchaser. 
Therefore, there is currently no economic incentive for machine 
operators to purchase energy efficient vending machines, many of which 
have useful lives of ten to twenty years.
  For instance, colleges all across the country have beverage vending 
machines for the students to use. A soft drink bottler purchases these 
machines from a manufacturer, and places them in student unions at 
universities, such as Wheeling Jesuit in Wheeling, WV. Wheeling Jesuit 
and other customers of the bottler have no control over what kind of 
machines are purchased. Because Wheeling Jesuit, and not the vending 
machine operator, pays the electric bill, the vending machine operator 
has no incentive to save Wheeling Jesuit money with more energy-
efficient machines that would cut down on the college's electricity 
bills. This amendment would change all of that, because the vending 
machine operators would receive the tax credit for their purchases. The 
new energy efficient machines will save the typical site owner $200 a 
year and more than $2,000 over the life of the machine.
  Technology is now available to reduce the energy consumption of 
refrigerated bottled and canned vending machines by as much as 50 
percent. One of the manufacturers using this technology to make energy-
efficient vending machines has operations in my home State of West 
Virginia, in the small town of Kearneysville. This energy-saving 
technology has been recognized by the Natural Resources Defense 
Council, and will be recognized next week at the Environmental 
Protection Agency's Energy Star Awards. This tax incentive will make it 
easier for bottlers do to the right thing, environmentally, while 
benefiting forward-looking manufacturers like the one producing these 
energy-efficient machines in the Eastern Panhandle of West Virginia.
  Without this incentive, the likely result is that bottlers will take 
advantage of this improved technology much more slowly, and energy will 
continue to be needlessly wasted.
  Each new energy-efficient machine would save more than 2,000 kWh per 
year over its less-efficient predecessor. With approximately 225,000 
new vending machines purchased every year the energy savings potential 
is enormous. Once all machines are switched to the

[[Page 3792]]

more energy efficient models, our Nation can save six billion kWh per 
year. That is enough energy to power approximately 600,000 U.S. 
households for an entire year.
  Another feature of this tax credit is that it will provide a 
substantial energy savings to our nation without burdening the average 
American. Citizens will not even know the vending machines are energy-
efficient. There will be no change to the temperature of the beverages 
or the outward appearance of the machines. The tax incentive will tend 
to keep the price of the beverage where it is today.
  This amendment provides a boon to energy savings at little cost. This 
amendment will provide an energy savings of approximately three to one 
over the cost of the tax incentive. Not only does this amendment make 
good sense for energy efficiency; it makes good economic sense, too.
  Every small step we take toward reducing our nation's total energy 
consumption contributes to a more prosperous economy and a brighter 
future for ourselves and our children. I urge my colleagues to support 
this amendment.


                           Amendment No. 3043

  Mr. ROCKEFELLER. Mr. President, I am committed to helping craft 
national energy legislation that takes energy production and 
conservation, balanced with environmental concerns and economic issues, 
into consideration. Today, I am pleased to join my colleagues Senator 
Allen, Senator Specter, and Senator Warner, in submitting amendment No. 
3043 to the Senate energy bill to create an important tax incentive 
that I believe will encourage the recycling of coal combustion waste 
materials produced in the process of reducing sulfur emission in coal-
fired electric utility boilers.
  Currently in the United States, many coal-fired power plants are 
equipped with sulfur dioxide scrubbers, the purpose of which is to 
significantly reduce the amount of sulfur dioxide released into the 
air. In the process of cleaning the air, these scrubbers produce more 
than 20 million tons of coal combustion waste or sludge per year. 
Stabilization of the sludge increases the waste materials to over 40 
million tons per year, and this amount is expected to more than double 
as the Clean Air Act Amendments of 1990 continue to phase in. At this 
time, less than 20 percent of this waste material is recycled. In fact, 
the balance of the sludge is disposed of in landfills at a cost to 
electric utilities of as much as $40 per ton, depending upon the 
locale. I am concerned that, as landfills become full, and new 
landfills become more difficult to site, the costs to utilities, and 
ultimately to electric consumers, will continue to escalate.
  A tax credit is needed to encourage utilities that are controlling 
their sulfur dioxide emissions to recycle the waste material their 
scrubbers produce. By helping to alleviate and perhaps eliminate the 
cost of disposing of the waste products generated by using important 
emission control systems, we can realize the multiple environmental 
benefits: Cleaner air and less combustion waste being landfilled.
  There are basically two types of scrubbing, or emission control 
systems, currently in use. One produces a wet sludge and the other a 
dry sludge. Wet sludge is more difficult and costly to treat. 
Accordingly, the proposed credit is $6 for each ``wet ton'' and $4 for 
each ``dry ton'' recycled by a third party. The credit will have a 10-
year limit and includes strict requirements to determine that the 
sludge has actually been ``recycled'' and that a value-added product, 
with genuine marketplace appeal, is created.
  The tax credits will stimulate the development of new technologies to 
recycle the sludge and encourage existing technologies to enhance their 
recycling efforts. The 10-year life of this credit will provide 
sufficient time to aid the start-up of new companies and technologies 
and the further development of existing technologies; thereafter these 
recycling efforts should be self-supporting. The cost of these credits 
is less than $75 million over the next 10 years and could, in part, be 
offset by taxes generated by new businesses as well as the savings to 
the economy through reduced energy costs.
  I remain committed to promoting the use of coal as a primary energy 
source for this nation, and I wholeheartedly embrace tax incentives for 
the installation of clean coal technologies. I believe this credit to 
encourage combustion waste recycling efforts is an important addition 
to our energy policy. It will support economic development and protect 
the environment. I strongly urge my colleagues to support this 
amendment.


                           Amendment No. 3044

  Mr. ROCKEFELLER. Mr. President, I am pleased to join my colleagues, 
Senators Ben Nelson and Chuck Hagel, in submitting amendment No. 3044 
addressing energy metering at consumers' homes and the availability of 
reliable energy usage data for consumers to use in making energy 
consumption decisions. The amendment we are submitting is very 
straightforward, and I urge my colleagues to support it.
  Under the Energy Tax Incentives Act a tax credit and accelerated 
depreciation is established for the benefit of electric and gas 
suppliers that install energy meters that provide consumers with real-
time information about the amount of energy they are consuming and the 
cost of that energy. This provision was passed by the Senate Finance 
Committee, and will become a part of the bill now under consideration.
  The intent of these provisions is to promote energy conservation by 
allowing consumers to monitor, in real time, their energy use and its 
cost. By providing consumers with access to current energy use and cost 
information, consumers will be better able to change their usage 
patterns, thereby conserving energy and saving money in the process. 
The one problem my cosponsors and I see with this provision is that it 
is limited to only one or two specific metering technologies, and I 
strongly believe there are other very cost effective and beneficial 
metering technologies, collectively referred to as ``time of use'' 
technology that would similarly allow consumers to better conserve 
energy.
  Our amendment would simply expand the availability of this tax 
provision to include those suppliers who provide consumers with time of 
use metering technology. One of these time of use technologies is 
manufactured by a company doing business in Scott Depot, WV. I have not 
brought this amendment to the floor of the United States Senate solely 
because it may benefit a business in my home State. I have brought this 
amendment to the floor because I believe it will enhance the 
effectiveness of the underlying bill by giving consumers and their 
utilities a number of options for conserving energy through the 
auditing of their energy use.
  By using time of use technology, consumers could easily and 
conveniently determine how much energy they consumed during different 
times of the day and the specific costs associated with their use 
during each time period. Consumers would have access to time of use 
information for pre-selected time segments of each day. Each selected 
time period would have the exact price of the energy consumed.
  For example, a consumer in New Manchester, WV, using this technology 
could determine how much energy was used between 6-7 p.m. each night. 
By knowing this information, this consumer would be able to change his 
or her energy-use habits during specific time periods, or as an overall 
policy. If helpful, consumers could also easily be provided with 
historic time of use information so they could compare their current 
use and costs with their past use to see the extent they have been 
conserving energy and saving money. I believe this type of metering 
technology would be particularly beneficial to many consumers in West 
Virginia.
  This is a good amendment, and I think that it improves the energy 
efficiency provisions of the underlying bill, without favoring one 
technology over another.


                           amendment no. 3045

  Mr. ROCKEFELLER. Mr. President, amendment No. 3045 is very simple but 
it could make a life or death difference to miners who work in one of 
the most dangerous occupations in America.

[[Page 3793]]

  This amendment would require the Secretary of Labor, in consultation 
with the Secretary of Energy, to review current staffing levels of mine 
inspectors, and considering current needs and expected retirements, to 
hire and train as many new mine inspectors as are needed to maintain 
proper safety in coal mines. The Secretary is to maintain the number of 
mine inspectors at a level no lower than current levels. When filing 
these positions, my amendment encourages the Secretary of Labor to give 
consideration to experienced miners or mine engineers.
  Coal miners are dying in alarming numbers in accidents that might be 
prevented if more mine inspectors were on the job. Coal mine fatalities 
increased in 2001 for the third year in a row. Forty-two miners died in 
mine accidents in the United States. Forty-two miners lost their lives. 
This is the most since 1995.
  Already in 2002, eight miners have died in American coal mines. 
Improved technology is increasing the productivity of our mines. We 
should also be seeing improvements in mine safety, not a rising death 
toll.
  Two of the miners who have died this year were West Virginians. On 
January 2nd, a 44-year-old miner with 23 years of experience was 
fatally injured when unsupported roof rock measuring seven feet by five 
feet fell on him in the Justice #1 mine in Boone County, WV.
  Just over a month later, on February 20th a 53-year-old miner at the 
Radar Run #2 mine in Greenbrier County was crushed by loose rock, some 
as large as 30 feet long, 30 feet wide, and 10 feet thick.
  These deaths are tragedies for the families and friends of the miners 
who died. If these accidents could have been prevented, it is 
unforgivable. Our industry and Federal mine safety system are supposed 
to protect miners to the maximum extent possible. The sheer number of 
mine deaths tells me that we are not doing enough to ensure miners' 
safety.
  I am proud that West Virginia produces much of the coal that powers 
the national economy. Over 50 percent of our electricity comes from 
coal. But in producing this fuel, year in and year out, too many West 
Virginia miners become casualties.
  Twelve of the 42 miners lost in coal mines in the United States last 
year were West Virginians. Nine West Virginians, died in both 1999 and 
2000. Since 1992, 114 of the 406 American miners who have died in mine 
accidents have been West Virginians. This is unacceptable. We must do a 
better job of preventing these accidents, with the goal of eliminating 
them altogether.
  West Virginia miners are not the only ones dying in coal mines. Last 
September 23rd, two explosions in the Jim Walter #5 mine in Brookwood, 
AL, took the lives of 13 coal miners, in the single largest coal mine 
disaster in the United States since 1984. Twelve of these miners had 
rushed into the mine to save trapped co-workers. That kind of heroism 
is frequently found in the history of coal mining. We need to make it 
less necessary.
  Anyone who has gone down into a mine knows that accidents happen. 
This amendment will cut down on preventable accidents.
  Retirements will reduce the current number of mine inspectors by 25 
percent in the next five years. Despite this trend, and the number of 
mine fatalities, the President's fiscal year 2003 budget request cuts 
the Mine Safety and Health Administration budget by $4 million.
  The premise is not that more money will necessarily solve the 
problem. The premise is this: The energy bill properly sees coal as a 
vital part of the nation's energy mix. The amendment intends to make 
sure that the hardworking men and women who bring that coal out of the 
ground are not doing so at an unacceptable risk to their lives.


                           AMENDMENT NO. 3072

  Mr. DURBIN. Mr. President, amendment No. 3072 to the energy bill to 
establish a Consumer Energy Commission. This amendment is simple, yet 
it has the potential to significantly benefit American families and 
businesses. It should garner widespread support.
  Like many of my colleagues in the Senate, I am pleased that we have 
turned to debate on an energy bill to address our nation's energy 
challenges. This debate marks the first time Congress has 
comprehensively considered energy policy since 1992. As we consider the 
many facets of this important topic, we must remember what has happened 
with energy in our country during the past decade.
  One word you will often hear to describe energy during the past 
decade, especially in the last few years, is ``crisis.'' The California 
electricity experience has been cast in terms of a crisis, and many 
have pointed to Enron as an indication of problems in our energy 
policy. While we may disagree with the extent of the energy crisis, as 
well as ways to address it, I think we can all agree that one energy 
challenge our nation faces is consumer price spikes.
  Let us take the example of gasoline. We all know that prices have 
significantly fluctuated at the pump. The Administration's energy 
policy indeed cites ``dramatic increases in gasoline prices'' as one of 
the challenges we face. The Consumer Federation of America and Public 
Citizen have also called attention to energy price spikes, explaining 
that American consumers spent roughly $40 billion more on gasoline in 
2000 than in 1999. In the spring of 2000, the cost of gasoline in 
Chicago shot up to $2.13 per gallon, well-above the unusually high 
national average of $1.67 per gallon at the time.
  Yet gasoline is not the only energy product for which consumers have 
had to pay dramatically fluctuating costs in recent years. Residential 
heating oil, residential natural gas, commercial natural gas, 
industrial natural gas, and motor gasoline, have all had fluctuating 
prices over the past 15 years.
  If we break down these numbers month-by-month, you can see incredible 
price spikes. In just a matter of one month, the national average price 
of gasoline jumped by 20 cents per gallon, residential heating oil rose 
by 10 cents per gallon, and residential natural gas leapt by 50 cents 
per thousand cubic feet.
  In some areas of the country and sectors of the economy, price spikes 
were greater and had drastic impacts. Home heating and cooling bills 
crippled family budgets in the Midwest and Northeast. Farmers and 
industries dependent on natural gas for the production of fertilizer 
and other chemical products suffered economically.
  To address the chronic national problem of significant energy price 
fluctuations, I am offering an amendment to the energy bill that would 
establish a Consumer Energy Commission. This 11-member Commission would 
bring together bi-partisanly appointed representatives from consumer 
groups, energy industries, and energy- and trade-related agencies, to 
study the causes of energy price spikes and make recommendations on how 
to avert them.
  It is true that the Federal Trade Commission recently studied 
gasoline price spikes in the Midwest. Indeed, several studies have 
investigated potential abuses of market power in the energy industry. 
Other studies have looked at the long-range supply and demand 
projections for energy products. But previous studies have tended to 
focus on a small set of issues, and on the perspective of industry or 
government. I think the best approach is not to look at these issues 
narrowly, but rather to consider the big picture. Most importantly, we 
need to give consumers a voice.
  When consumers go to pay their grocery bills, or their tuition bills, 
or even their residential electricity bills in most states, and when 
businesses go to pay for raw materials, prices are rather predictable. 
But when they go to pay for their heating and cooling, natural gas, or 
gasoline, families and businesses face the frustrating reality of wild 
price swings. We need to bring consumers to the table with 
representatives of the energy industry and government, in order to 
study price spikes. We need these groups to work collectively, and to 
consider a range of the possible causes of energy price spikes. We need 
them to look at both the supply and demand sides, including such

[[Page 3794]]

potential causes as maintenance of inventory, delivery of supply, 
consumption behaviors, implementation of efficiency technologies, and 
export-import patterns.
  After the Consumer Energy Commission has studied energy price spikes 
comprehensively, its charge will be to develop options for how to avert 
or mitigate price spikes. These recommendations can range from 
legislative and administrative actions to voluntary industry and 
consumer actions that can help protect consumers from the fluctuating 
costs of energy products.
  This Commission will be well-balanced, not only to reflect all groups 
with a stake in energy price spikes, but also to reflect both political 
parties. No commission has ever before brought together such a diverse 
group to study such a complex problem in a holistic manner. No 
commission has ever promised to see things from the perception of 
consumers: families and businesses that routinely face energy price 
spikes. The Consumer Energy Commission is long overdue, and I urge my 
colleagues to support it.


                           AMENDMENT NO. 3074

  Mr. DURBIN. Mr. President, amendment No. 3074 would establish a 
Conserve by Bike Pilot Program in the National Highway Traffic Safety 
Administration, as well as fund a research initiative on the potential 
energy savings of replacing car trips with bike trips. This program 
would fund 10 projects throughout the country, using education and 
marketing to convert car trips to bike trips. The research would 
document the energy conservation, air quality improvement, and public 
health benefits caused by increased bike trips. The goal is to conserve 
energy resources used in the transportation sector by turning some of 
our gas guzzling miles into bike rides.
  There is no single solution for our Nation's energy challenges. Every 
possible approach must be considered in order to solve our energy 
problems. Something as simple as traveling by bike instead of car can 
play an important role in reducing our dependence on foreign oil. 
Energy conservation does not have to be difficult: it can be as 
economical, healthy, and environmentally friendly as a bike ride.
  It would be unrealistic to expect Americans to make a substantial 
increase in the number of trips they make by bicycle. But even a tiny 
percentage of bike trips replacing our shorter cars trips could make a 
significant difference in oil and gas consumption.
  Right now, less than one trip in one hundred, .88 percent, is by 
bicycle. If we can raise our level of cycling just a tiny bit: to one 
and a half trips per hundred, which is less than a bike trip every 2 
weeks for the average person, we would save over 462 million gallons of 
gasoline in a year, worth over $721 million. That's one day a year we 
won't need to import any foreign oil.
  In addition to conserving our energy, an increased number of bike 
trips can improve our air quality. Significant declines in vehicle 
emissions would follow from increased bike trips. A study in New York 
City showed that bicycling spares the city almost 6,000 tons of carbon 
monoxide each year. A reduced number of trips made by cars would 
increase this number and help to clean our nation's air.
  The Federal Highway Administration estimates that 60 percent of all 
automobile trips are under five miles in length. And these short trips 
typically emit more pollutants because cars during these trips run on 
cold engines. Engines running cold produce five times the carbon 
monoxide and twice the hydrocarbon emissions per mile as engines 
running hot. These cold engine trips could most easily be replaced by 
bike rides.
  Americans would experience additional advantages from increased bike 
usage. The decreased number of cars on our nation's highways would help 
reduce traffic and parking congestion. Congestion costs have reached as 
high as $100 billion annually according to the Federal Highway 
Administration. A reduction in cars on the roads will decrease the high 
costs associated with congestion.
  The ``Conserve by Bike'' amendment will also improve public health. 
The exercise from more frequent bike trips would help improve our 
physical well-being. Biking has proven to be effective in the 
prevention of heart disease, our nation's number one killer. And, 
biking has also shown to help individuals in the correction of health-
impairing behaviors like smoking and alcohol abuse.
  The ``Conserve by Bike'' amendment will help America take a simple 
but meaningful step in energy conservation. It will help fund 10 pilot 
projects that will use education and marketing to facilitate the 
conversion of car trips to bike trips, and document the energy savings 
from these trips. These projects will facilitate partnerships among 
those in the transportation, energy, environment, public health, 
education, and law enforcement sectors. There is a requirement for a 
local match in funding, so that these projects can continue after the 
federal resources are exhausted.
  In addition, this amendment will fund a research initiative with the 
National Academy of Sciences. The study will examine such factors as 
weather, land use and traffic patterns, bicycle facility 
infrastructure, to identify what trips Americans could reasonably take 
by bike. It will also illustrate the benefits of converting bike trips 
to car trips, and explore ways that we can encourage Americans to pedal 
rather than gas guzzle.
  It is imperative that Americans are fully informed of the entire 
range of benefits from biking in terms of energy conservation, air 
quality, and public health. We also need to provide the best resources 
in bike safety and convenience.
  We have been spending a modest amount of federal, state and local 
funds on bicycle facilities since 1991. This amendment will leverage 
those investments and help people take advantage of the energy 
conservation choices they have in getting around their communities. I 
urge my colleagues to support this amendment.
  The PRESIDING OFFICER. The Senator from West Virginia is recognized.
  Mr. BYRD. Mr. President, I see the distinguished Senator from Iowa in 
the Chamber. Does he wish to have the floor?
  Mr. GRASSLEY. For about 6 minutes. Would that be possible?
  Mr. BYRD. Mr. President, my patience is becoming greatly strained, 
but I will yield to the Senator.
  I ask unanimous consent that I may yield to the Senator from Iowa for 
not to exceed 10 minutes, without my losing my right to the floor.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. GRASSLEY. Mr. President, I thank the Senator from West Virginia 
for his gracious attitude.
  The PRESIDING OFFICER. The Senator from Iowa is recognized.

                          ____________________




                      ANDEAN TRADE PREFERENCES ACT

  Mr. GRASSLEY. Earlier today, unanimous consent was requested on the 
part of Senator Lott that the Andean pact come before the Senate. That 
request was not granted. So I rise to express my regret of that 
happening and to express my support for the fact that the Andean Trade 
Preferences Act legislation should be on the floor and should have been 
considered by now. I am concerned if the Senate doesn't act early on 
the Andean trade bill, that America's continued leadership in the 
international arena of trade will be severely impaired.
  Specifically, I fear our failure to approve this legislation in a 
timely manner will undermine our ability to constructively engage with 
our Latin American neighbors at a time when many of them face enormous 
economic and political challenges.
  Today, President Bush leaves on an important mission to Latin 
America. Just on Saturday, he will visit Peru, one of the Andean 
nations, where he will meet with four Andean leaders. President Bush's 
trip builds on a long tradition of promoting vigorous United States 
engagement with Latin America that started as far back as President

[[Page 3795]]

Kennedy's Alliance for Progress in the 1960s.
  As did President Kennedy, President Bush has a vision for Latin 
America. The President wants to tell our Andean neighbors--Peru, 
Colombia, Bolivia, and Ecuador--that the United States wants to be 
their hemispheric partner in peace. He wants to tell them that trade 
and prosperity go hand in hand.
  President Bush wants to make the case that the benefits of trade are 
not just for rich countries like the United States; they are also for 
countries that aspire to become rich countries; for countries that want 
better, more secure lives for their citizens; for countries that want 
better health care, better education, and better futures for their 
children.
  President Bush wants to encourage our Andean neighbors to use trade 
to promote economic development through a diversified export base as an 
alternative to the allure of the drug trade.
  When President Kennedy unveiled his Alliance for Progress in 1961, he 
said if we were bold and determined enough, our efforts to reach out to 
Latin America could mark the beginning of a new era in the American 
experience. This is just as true today as it was way back in 1961.
  Through the Andean pact, and complimentary trade initiatives such as 
the Free Trade Area of the Americas, we can achieve a new era of 
hemispheric economic cooperation that benefits everybody--not just 
these four countries, not just the United States, but it has a benefit 
way beyond that.
  The Andean nations know trade, not aid, is the best way to overcome 
the fragmentation of Latin American economies, and to build the self-
sustaining growth that nourishes democratic institutions.
  But because the Andean trade bill still languishes in the Senate--
along with another important bill, trade promotion authority, another 
vitally important trade bill as well--the President's trip will not be 
as effective as it could have been if the Senate had acted. Obviously, 
we should expect our President to be successful and want him to be 
successful.
  For a long time, we had a tradition in this country that politics 
stops at the water's edge. Unfortunately, that is not as true now as it 
once was. A lot of trade and foreign policy issues get entangled with 
our domestic partisan politics. I very much regret this development 
because it is very harmful to the U.S. leadership in any subject but 
particularly in the area of trade. It is harmful to the enhanced 
prospects for prosperity and peace that we are trying to promote around 
the world, and commercialization is a very useful tool in promoting 
world trade.
  Mr. President, the other day, the lead editorial of the Washington 
Post addressed the issue of the Senate majority leader's failure to 
bring up the Andean trade pact. I would like to read a portion of that 
editorial, which appeared March 19 in the Washington Post:
  The Senate's failure to help the four Andean states--Colombia, Peru, 
Ecuador and Bolivia--is particularly egregious. A package of trade 
concessions has passed through committee and commands an overwhelming 
majority of the full chamber. . . . Only a handful of Senators opposes 
the package. But the Senate leadership has failed to bring it to the 
floor, making it likely that Mr. Bush will arrive in Peru empty-handed 
. . . at a time when American leadership in Latin America is being 
questioned, the least the Senate could do is to pass a trade measure 
that almost nobody opposes.
  As is clear from my point of view, the time to act was months ago. 
But it is never too late to do the right thing. We had that opportunity 
today and it failed. So I urge my colleagues to, just as soon as we get 
back from the Easter recess, put not only the Andean pact but other 
trade issues very high on the agenda and get them passed and help us to 
help these Andean nations, which are so poor and need our help. Trade 
is one way to get them the necessary help and develop a good economy.
  The PRESIDING OFFICER. The Senator from West Virginia.

                          ____________________




                            SPRINGTIME JOYS

  Mr. BYRD. Mr. President, after a mild and dry winter full of false 
starts, of periods of almost summery weather followed by cold and 
blustery winds, spring is truly here--here in all of its glory. In that 
subtle change, the gradual brightening of days and warming of the 
earth, most of us can sense our mood shifting. Our hearts are 
gladdened, our spirits are raised, our optimism is buoyed up by more 
than the improving economic forecasts. As we cast off the last days of 
winter and welcome in the spring, we shed our weary spirits along with 
our heavy coats. Spring is here. Here it is. How sweet it is--spring. 
Our hearts echo the deep joy of Samuel Pepys' song, the poet Robert 
Browning's ode to spring:

       The year's at the spring
       And the day's at the morn;
       Morning's at seven;
       The hillside's dew-pearled;

       The lark's on the wing;
       The snail's on the thorn;
       God's in his Heaven--
       All's right with the world!
  The pansies that bloomed all winter on sheltered porches in bright 
defiance of the calendar are in their glory, joined by crocuses and 
nodding daffodils bursting through the cold earth. Lilac bushes are 
budding, promising sweet scents to come, and the gray and gnarled 
branches of old pear and apple trees are bursting forth in showy, snowy 
blossoms. Gregarious robins have returned, massed on warming lawns 
listening intently for industrious earthworms engaged in their 
subterranean tilling. Bluebirds flit and swoop among the still bare 
branches and the goldfinches, busy at the backyard feeders, are 
brightening their coloring in preparation for springtime courtship.
  Color is washing over the land. Redbud trees add rosy tints to gray 
woodlands while cheerful daffodils and forsythia bushes sparkle amid 
drab lawns and gardens. If winter brings to mind the talents of artists 
in charcoal sketches or the great etchers with their mastery of pattern 
and shading in the bold geometry of bare branches carved against a 
snowy ground, spring calls for watercolorists and sketchers in pastels 
with bright translucent colors that capture the fragile clearness of 
the springtime sunshine. Summer and fall may belong to the oil painters 
with their deep saturated colors and massing of light and shade, but it 
takes a swift hand and brush to pin down the quicksilver moods of 
springtime.
  Under foot, the cold ground yields to springtime loam begging for the 
gardener's spade. Dry stalks blush with the green glow of new growth 
that springtime's new calves tentatively nibble. The cattle are happy 
for the fresh grass after a long autumn and winter eating hay. I know 
that farmers in West Virginia are hoping for good spring rains to 
replenish the water supplies and encourage a good growth of hay after 
last year's dry spells. Pastures have been cropped close and hay 
supplies are dwindling since the autumn drought sent pasture grass into 
an early dormancy. We need rain--soft rain.
  Rain in the springtime is a lovely thing, gentle and welcome, unlike 
rain in other seasons. In summer, thunderstorms are violent, dramatic 
events, noisy and flooding, leaving streets steaming. In autumn, the 
rain can become monotonous, day after dreary day of steady sodden 
downpour filling the gutters with matted, decaying leaves. And in 
winter, cold, stinging sleet makes travel on dark roads and slick 
sidewalks treacherous. But in the spring, the rain is misty and 
companionable as my little dog Billy and I conduct our inspection tours 
of flower beds, the turf soft beneath our feet. Flower petals gain an 
added brightness from their raindrop ornaments. Spiderwebs become tiny 
crystal chandeliers draped with tiny drops in a soft and misty rain. 
And after the rain, there are rainbows shimmering like dreams overhead.

     I asked the robin, as he sprang,
     What made his breast so round and red;
     Twas looking at the sun, he said.
     I asked the violets, sweet and blue,
     Sparkling in the morning dew,
     Whence came their colors, then so shy;
     They answered, ``looking to the sky'';

[[Page 3796]]

     I saw the roses, one by one,
     Unfold their petals to the sun,
     I asked them what made their tints so bright,
     And they answered, ``looking to the sky'';
     I asked the thrush, whose silvery note
     Came like a song from angel's throat,
     Why he sang in the twilight dim;
     He answered, ``looking up at Him.''

  In springtime, at Eastertide, as we celebrate the great awakening of 
life reborn, one only has to look outside to appreciate the Creator's 
handiwork. The earth is His page, the seasons His poetry writ fresh for 
us each morning.

     Welcome, yellow buttercups!
     Welcome, daisies white!
     Ye are in my spirit
     Visioned, a delight!
     Coming ere the spring-time,
     Of sunny hours to tell,
     Speaking to our hearts of Him
     Who doeth all things well.
  Mr. President, I yield the floor, and I suggest the absence of a 
quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. REID. Mr. President, I ask unanimous consent the order for the 
quorum call be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                            MORNING BUSINESS

  Mr. REID. Mr. President, I ask the Senate now proceed to a period of 
morning business, with Senators allowed to speak for a period not to 
exceed 5 minutes each.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                             LITTLE BIG MAN

  Mr. DASCHLE. Mr. President, 46 years ago the South Dakota Democratic 
Party was hardly more than George McGovern, George Cunning-
ham, and a beat up old station wagon. I was eight. Little did I know I 
would one day owe a career to those two men and that car.
  One of those men is now world-famous, his name a synonym for 
political courage and common decency. The other, George Cunningham, is 
unknown to most.
  But George Cunningham is known to me.
  I know him as the man who flew quietly to South Dakota to rescue a 
political newborn from a life-threatening recount in 1978. I know him 
for his wise counsel during a testing challenge from Congressman Clint 
Roberts, and through the other muddles of my political adolescence. I 
know George as the man from whom my own George Cunningham, Pete 
Stavrianos, says he learned both his trade and his passion for that 
trade. And I know George Cunningham as the diabolical practical joker 
whose powers to disarm and confuse with his wit remain to this day the 
most powerful antidote to self-importance I have ever witnessed.
  ``GVC,'' as he was known to those familiar with his smoking IBM 
Selectric, is a man who has never taken himself too seriously, but has 
always fiercely insisted his lifetime profession be taken seriously.
  I will never forget hearing about George Cunningham telling a 
reporter who asked about his polls during his campaign against Larry 
Pressler that his numbers were, ``in the toilet.'' The stunned newsman 
had expected a deer in the headlights lie from a scared politician 
facing defeat. What he got was an honest admission from a strong man 
who was still teaching, even through his hurt, how to laugh honestly in 
the face of adversity, and in so doing, respect what one was about.
  What George Vinton Cunningham was about, and what he is still about, 
is service to the public.
  From his first campaign with George McGovern while still a law 
student at USD, through his service to Governor Herseth in 1959, his 20 
years beside George McGovern in Washington, his return to his hometown 
of Watertown, SD, as a candidate for U.S. Senate, and his tenure as 
lawyer and party activist, George Cunningham has taught us all what it 
means to serve.
  Cunningham is a short, non-descript man who, while chief of staff to 
a candidate for President of the United States, used to send friends 
unflattering pictures of himself in safari garb holding a rifle in one 
hand and his trademark pipe in the other. I always thought it was to 
remind folks you didn't have to be Redford handsome or Kennedy strong 
to go after big game.
  What you do have to be, though, is committed to the idea that we are 
put here for something more than just serving ourselves.
  I like to think I am committed to that idea. I hope when I am through 
I will be judged to have been half as committed to it as one of the 
biggest little men I have been privileged to know, George Cunningham.

                          ____________________




                   PARLIAMENTARY ELECTIONS IN UKRAINE

  Mr. CAMPBELL. Mr. President, yesterday the Senate, with bipartisan 
support, agreed to S. Res. 205, a resolution urging the Government of 
Ukraine to ensure a democratic, transparent, and fair election process 
leading up to the March 31 parliamentary elections. I appreciate 
Chairman Biden and Senator Helms' support in committee and the 
leadership for ensuring timely consideration of this important 
resolution.
  In adopting S. Res. 205, the United States Senate expresses interest 
in, and concerns for, a genuinely free and fair parliamentary election 
process which enables all of the various election blocs and political 
parties to compete on a level playing field. While expressing support 
for the efforts of the Ukrainian people to promote democracy, rule of 
law, and human rights, the resolution urges the Ukrainian government to 
enforce impartially the new election law and to meet its OSCE 
commitments on democratic elections. I want to underscore commitments 
undertaken by the 55 OSCE participating States, including Ukraine, to 
build, consolidate, and strengthen democracy as the only form of 
government for each of our nations.
  The Commission on Security and Cooperation in Europe, the Helsinki 
Commission, which I chair has monitored closely the situation in 
Ukraine and has a long record of support for the aspirations of the 
Ukrainian people for human rights and democratic freedoms. A recent 
Commission briefing on the parliamentary elections brought together 
experts to assess the conduct of the campaign. High level visits to 
Ukraine have underscored the importance the United States attaches to 
these elections in the run up to presidential elections scheduled for 
2004.
  As of today, with less than two weeks left before the elections, it 
remains an open question as to whether the elections will be a step 
forward for Ukraine. Despite considerable international attention, 
there are credible reports of various abuses and violations of the 
election law, including candidates refused access to media, the 
unlawful use of public funds and facilities, and government pressure on 
certain political parties, candidates and media outlets, and a pro-
government bias in the public media.
  Ukraine's success as an independent, democratic, economically 
successful state is vital to stability and security and Europe, and 
Ukraine has, over the last decade, enjoyed a strong relationship with 
the United States. This positive relationship, however, has been 
increasingly tested in the last few years because of pervasive levels 
of corruption in Ukraine and the still-unresolved case of murdered 
investigative journalist Georgiy Gongadze and other issues which call 
into question the Ukrainian authorities' commitment to the rule of law 
and respect of human rights.
  Ukraine enjoys goodwill in the United States Senate and remains one 
of our largest recipients of U.S. assistance in the world. These 
elections are an important indication of the Ukrainian authorities' 
commitment to consolidate democracy and to demonstrate a serious intent 
regarding integration into the Euro-Atlantic community.

                          ____________________




                NEXT STEPS IN THE FIGHT AGAINST HIV/AIDS

  Mr. BIDEN. Mr. President, by now I hope that all of my colleagues are

[[Page 3797]]

aware of the extent of the HIV/AIDS epidemic. The spread of the disease 
is of grave humanitarian and security concern to the United States.
  Last year alone, 3 million people died as a result of the disease. I 
have yet to see a study or data which suggests that the number will not 
increase in 2002.
  In January of 2000 the National Intelligence Council released a 
National Intelligence Estimate entitled ``The Global Infectious Disease 
Threat and its Implications for the United States.'' The report stated 
that ``the severe social and economic impact of infectious diseases, 
particularly HIV/AIDS, and the infiltration of these diseases into the 
ruling political and military elites and middle classes of developing 
countries are likely to intensify the struggle for political power to 
control scarce state resources. This will hamper the development of a 
civil society and other underpinnings of democracy and will increase 
pressure on democratic transitions in regions such as the FSU [former 
Soviet Union] and Sub-Saharan Africa where the infectious disease 
burden will add to economic misery and political polarization.''
  On February 13 of this year I chaired a hearing on the future of 
America's bilateral and multilateral response to the epidemic. What I 
learned was both encouraging and discouraging. First, the bad news. The 
disease continues to spread. Last year, five million people were 
infected with HIV/AIDS, bringing the total number of people with the 
disease to 40 million. There are more AIDS orphans than ever before, 
over 10.4 million, and that number is expected to more than double in 
the next 8 years as more and more adults fall ill and die.
  In some parts of the world, women are becoming infected at rates 
comparable to men. This change in the infection pattern is tragic not 
only because the increase is a reflection of women and girls' inability 
to say no, in many instances, to unwanted sexual advances, but also 
because the more women who are infected, the greater the number of 
babies there are who are liable to contract HIV during birth or from 
drinking their infected mother's breast milk.
  The good news is that the international community is beginning not 
only to recognize the need for more action, it is beginning to take 
more action. We are beginning to go beyond rhetoric towards concrete 
steps. We have established Global Funds for HIV/AIDS, Tuberculosis and 
Malaria. The U.S. Government has increased the amount of spending on 
bilateral programs. The problem is that we have not yet gone far 
enough. Despite our efforts to date, the problem continues to grow.
  There are no easy solutions. I will not stand here and say that I 
have a magic formula for stopping the spread of HIV/AIDS. We must 
recognize, however, that while the problem is not going away any time 
soon, there are some steps we can take immediately and in the long-term 
that will help mitigate the effects of the disease and eventually stop 
it in its tracks.
  A serious commitment is required. A lot of times when we talk about 
commitment in this chamber we are talking about 6 to 18 months. I am 
talking about a commitment of years. Not 2 years. Not 3 years. Start 
thinking in terms of a decade or more. According to the UN, studies of 
middle and low-income countries where interventions have slowed the 
spread of the disease, we need to spend $7 to $10 billion annually on 
treatment, care and support in the developing world for the next 10 
years if we are to change current trends.
  The UN estimates that if we are going to bring HIV infection rates 
down, by the year 2005 the international community is going to have to 
scale up spending to $9.2 billion. That money does not include funds 
for improving the health and education infrastructure in developing 
countries. It only covers prevention care and support programs. 2001 
expenditures, according to this same report were only $1.8 billion.
  We have a long way to go. And we will have to readjust our mind-sets 
such that we are prepared to stay the course financially for a long 
time to come, or nothing we do is going to have a lasting impact.
  So what is to be done if we are willing to adopt such an approach?
  The ultimate solution to this problem is the development of a 
vaccine. Scientists are working on one, but Dr. Anthony Fauci, director 
of the National Institute of Allergy and Infectious Diseases at the 
National Institutes of Health was quoted in the Los Angeles Times on 
March 16 as saying that this could take at least ten more years. In the 
meantime, we have got to undertake action to bring the infection rate 
down as far as possible, and to care for those who have contracted the 
disease.
  Part of the problem we are having in stopping the spread of HIV/AIDS 
is the basic barrier of underdevelopment. One of the things that has 
facilitated the spread of the disease in developing nations has been 
lack of infrastructure, mainly in the communication, education and 
health sectors. People in remote villages in a poor country do not have 
the luxury of picking up a local paper or watching the local news on 
their televisions. There is no easy way to spread the word about the 
HIV/AIDS. If there are schools, they are irregularly attended, which 
blocks another avenue of informing people about the disease.
  Health in poor countries are deplorable. Helping countries improve 
basic health services will go a long way towards addressing HIV/AIDS. 
This includes training medical personnel, building and or repairing 
clinics and providing medical supplies and equipment. The benefits of 
improved health infrastructure are enormous. HIV/AIDS is not the only 
disease affecting poor countries. By improving health infrastructure, 
we improve the level of access to basic health care for other diseases 
such as tuberculosis and malaria. And devoting more resources to 
improving the health sector has the advantage of laying down the 
groundwork for AIDS treatment activities.
  Addressing educational needs and health infrastructure are two long-
term investments that the United States, in conjunction with our 
international partners need to make. This disease is going to be around 
for a long time. Especially if we fail to act.
  What should we do in the short term to address the global epidemic? 
There are several things that we can do immediately to enhance our 
response.
  First, we should strengthen coordination of U.S. agencies so that we 
are dealing with the problem in the most efficient way. The President 
has taken some steps to address it, naming Secretary of State Colin 
Powell and Tommy Thompson, Secretary of Health and Human Services, as 
co-chairs of a Cabinet-level task force on the global HIV/AIDS threat. 
I do not believe, however that this really solves the problem.
  Developing an integrated U.S. response to the global AIDS epidemic 
will require more time and energy than two Cabinet-level Secretaries 
can devote to it. We need someone working full time on integrating the 
great work that different U.S. agencies are doing. He or she must have 
the authority to develop a U.S. policy response that is informed by all 
U.S. government agencies spending money on HIV/AIDS. This person should 
be accountable for the implementation of the strategy, and required to 
report on the implementation of the consolidated U.S. strategy on a 
yearly basis.
  The coordinator must have the authority to bring the point people on 
HIV/AIDS programs in all the different agencies to one table and have 
them figure out what tasks their respective agencies should be 
undertaking based on areas of comparative advantage and expertise. 
Finally, the coordinator needs the authority to eliminate overlaps 
where possible, identify gaps and decisively settle turf disputes among 
agencies about areas of responsibility.
  The second step to enhancing the U.S. response is beginning the 
process of providing deeper levels of debt relief to poor nations. It 
may take a while for countries to realize these savings, but we have 
got to begin negotiations for an enhanced Heavily Indebted Poor 
Countries Initiative right away. We

[[Page 3798]]

must make sure that countries where there is a severe HIV/AIDS 
emergency and which are at or beyond a decision point in the HIPC 
process are paying no more than 5 percent their fiscal revenue in debt 
servicing. Countries where there is no health emergency should be 
paying no more than 10 percent of fiscal revenue in debt servicing.
  Why enhance debt relief? Because all the early indicators are that 
debt relief works. According to the World Bank, Burkina Faso, Uganda, 
and Malawi are all using debt relief saving to fight HIV/AIDS. Now is 
not the time to be come complacent, but to make a bold move forward, to 
capitalize on this success by taking debt relief one step farther.
  Part and parcel with enhanced debt relief should be the provision of 
technical assistance to countries, to ensure that an adequate amount of 
debt relief savings are devoted to programs to combat HIV/AIDS.
  We must expand the provision of crucial interventions such as 
voluntary testing and counseling if we are to enhance the U.S. response 
to HIV/AIDS. Voluntary testing and counseling is a cornerstone of 
intervention. One particular study conducted in three African countries 
showed that given the opportunity for such testing, 60 percent of 
adults would take advantage. It also showed that only 15 percent of 
those same people had access to this service. Think about it. Fifteen 
percent of those who wanted to know if they had HIV/AIDS were able to 
get an answer.
  The importance of voluntary testing and counseling cannot be 
overstated. Once people find out whether or not they are infected with 
HIV, they are able to make decisions about behavior change that can 
save their lives and the lives of their partners, spouses and children. 
It is crucial that we provide the funds to training more counselors, 
and deliver more rapid test kits to areas of need so that those who 
want testing and counseling can obtain it.
  In addition to the above activities, I encourage the administration 
to expand its efforts to help developing nations craft and implement 
national blood transfusion policies including policies to prevent HIV 
infection through blood transfusions. Such programs are especially 
needed in Africa. Some people might contend that this should be a 
relatively low priority as the HIV infection rate from blood 
transfusion is only 5 percent. I would argue that we have to do 
everything we can to address the spread of the disease, and that this 
is an intervention that is straightforward, and that has benefits that 
extend beyond combating HIV/AIDS.
  At the Foreign Relations Committee hearing on HIV/AIDS on February 
13, USAID Administrator Natsios indicated that to the best of his 
knowledge less than fifty percent of African countries have developed a 
national blood transfusion policy and less than one third of African 
countries have a system in place to limit HIV transmission through 
blood transfusions. Here in America we have virtually eliminated the 
threat of contacting HIV/AIDS through blood transfusion by adopting 
screening and evaluation policies.
  We have the expertise to see that health care workers in Africa and 
elsewhere are properly trained in appropriate clinical use of blood 
transfusions and in proper transfusions techniques. We can teach best 
practices for testing. We can show countries how to recruit and retain 
non-remunerated blood donors from uninfected portions of the population 
so that a safe, tested bloods supply is available. Last year in Africa, 
3.4 million people were infected with HIV. If there had been national 
systems to monitor, manage and test the blood guppy for HIV, perhaps as 
many as 170,000 of those people might be HIV free today.
  Another way to strengthen U.S. response is to expand programs that 
specifically focus on women and girls. Due to biological vulnerability, 
and economic and social pressures, women and girls in Africa are far 
more likely to contract HIV than boys and men the same age. According 
to UNAIDS, girls age 15 to 19 are almost eight times more likely to be 
infected with HIV/AIDS than their male counterparts. Women aged 20 to 
24 were 3 times more likely to be HIV-positive chant their male peers.
  There is no easy way to counteract this phenomenon, but there are a 
number of steps which can be taken. In the long term, social and 
cultural norms must be changed to increase the economic and social 
independence of women. It is easier for a woman to reject unwanted 
sexual advances if she is able to provide materially for herself and 
her children. Men must be educated as to the dangers of unprotected 
extramarital sex. In addition, we must emphasize education programs. It 
is imperative that young people know how to prevent the spread of HIV/
AIDS. There are solutions which we must work on with renewed vigor.
  Right now, today, we must channel more resources towards research 
into female controlled and initiated methods of prevention such as the 
female condom and microbicides.
  A usable microbicide must be developed so that women, with or without 
the consent of a partner, can protect themselves from HIV/AIDS. We are 
at least five years away from the availability of a first generation 
product. Not only must we see that one is developed, we must make sure 
that it is usable and made available in developing countries, that 
women are informed about its availability, and that they are instructed 
in its use.
  We should put more money into increasing the availability of the 
female condom, and continuing to refine the product. The female condom 
is not a miracle solution. Critics contend that women cannot use them 
without the knowledge of their partners, therefore it is redundant to 
make them available when the male condom is so readily available. What 
I would say is that if we are willing to make the choice available to 
men to use protection, we should be willing to give women a choice 
about protecting themselves as well.
  Right now part of the reason that female condoms are not available is 
price. A bulk purchase would serve to lower the cost to the consumer. 
Another problem is information. We must teach people about the female 
condom's existence, and show people how to use it.
  The female condom is the only female initiated method of prevention 
available right now to women living in societies where their ability to 
make choices about when and with whom they are physically intimate are 
in some cases limited, and in other cases non-existent. Since the 
beginning of the epidemic, 10 million women have died of HIV/AIDS, over 
a million of them in the past year. Women are becoming increasingly 
affected. We must use every means we have to reverse these trends.
  I would also submit that it is important that the United States give 
generously to the Global Fund for AIDS, Tuberculosis and Malaria. The 
U.S. must consistently show leadership in our donations. In May of last 
year, the President pledged $200 million in seed money for the fund. 
Other nations followed suit. None of them pledged more than the United 
States. The UK, Japan, and Italy all pledged $200 million. This is a 
perfect example of the fact that where the U.S. leads, others will 
follow. There are now almost $2 billion in pledges for the fund; $800 
million is expected to be available this year. The call for proposals 
went out in January, and the first grants are expected to be made in 
April.
  While I in no way fault the President for his initial pledge, I can't 
help but wonder how much money would have been donated to the Global 
Fund this past year if America's contribution had been $500 million 
instead of $200 million.
  The Global Fund is a welcome addition to the fight against HIV/AIDS, 
but it must be just that--an addition. Contributions must not take the 
place of bilateral programs.
  Finally, I submit that the job of defeating HIV/AIDS is too big for 
the United States to handle alone. We need the help of the 
international community. I cannot state this in strong enough terms. We 
must encourage other donors to do their share to help halt the 
epidemic. The U.S. Government provides nearly 50 percent of HIV/

[[Page 3799]]

AIDS assistance funds. This is 4 times as much as the next donor. It is 
imperative that other donors be full partners in this fight both in 
their bilateral programs and their pledges to the Global Fund. We 
cannot win this war without their help.
  The steps I have outlined above are just that. None of what I have 
talked about is a prescription for a solution to the AIDS epidemic. 
Most of it is not new. I simply stand here before you today to point 
out that despite our best efforts the virus is marching on. However the 
situation is not hopeless by any means. The United States has been an 
innovator, devising effective programs to mitigate and reverse the 
global spread of AIDS. We cannot stop.
  I hope that Congress and the Administration can work together to 
reinvigorate and enhance current efforts to stem the tide of HIV/AIDS 
infection and care for and support those with the disease. Failure to 
do so will mean the death of an entire generation of people. That is 
much too steep a price to pay.

                          ____________________




                   LOCAL LAW ENFORCEMENT ACT OF 2001

  Mr. SMITH of Oregon. Mr. President, I rise today to speak about hate 
crimes legislation I introduced with Senator Kennedy in March of last 
year. The Local Law Enforcement Act of 2001 would add new categories to 
current hate crimes legislation sending a signal that violence of any 
kind is unacceptable in our society.
  I would like to describe a terrible crime that occurred February 2, 
1998, in Corvallis, OR. A gay high school student was beaten by three 
youths who used anti-gay epithets. Robert P. Huffaker and Michael B. 
Nash, both 16, and Cyle A. Schroeder, 15, were charged with third-
degree assault and first-degree intimidation in connection with the 
incident.
  I believe that government's first duty is to defend its citizens, to 
defend them against the harms that come out of hate. The Local Law 
Enforcement Enhancement Act of 2001 is now a symbol that can become 
substance. I believe that by passing this legislation and changing 
current law, we can change hearts and minds as well.

                          ____________________




                      VIOLENCE IN THE MIDDLE EAST

  Mrs. FEINSTEIN. Mr. President, I rise today to express my concern and 
dismay at the news of yet another suicide bombing in Jerusalem. My 
thoughts and prayers go out to the victims and their families.
  Israel, a democratic state and a staunch friend and ally of the 
United States, has a simple desire that all sovereign nations share: 
that it may live in peace within secure and stable borders, free from 
the terror and senseless acts of violence.
  I condemn this terrorism and those who carry it out. How many more 
innocent lives must be lost before Chairman Arafat takes decisive and 
concerted action to reign in the terrorists and put an end to their 
brutal campaign? He made a commitment at Oslo to settle the differences 
between Palestinians and Israelis peacefully and he must live up to 
that pledge.
  I am pleased that President Bush has sent General Zinni back to the 
Middle East to broker a cease-fire and get both sides to adhere to the 
Tenet Plan. To put it mildly, he has a long road ahead of him and there 
is a lot of work to be done.
  Three articles discuss the situation in the Middle East: one by 
Washington Times columnist Mona Charon, another by Libby Werthan from 
the Nashville Jewish paper, the Observer, and finally an article by 
Naomi Regan called ``Living in Parallel Universe.''
  Each article in its own way describes some of the pain, anguish, and 
despair that Israelis feel over the continuing acts of violence and the 
collapse of the peace process. I urge my colleagues to read these 
articles and take their message to heart. Israel wants peace. Israel 
needs peace. Israel deserves peace.
  I hope the day will come when I will not have to come to the Senate 
floor to condemn yet another bombing. Enough is enough. I urge General 
Zinni and the administration to do all that they can to help bring 
about an end the violence and the resumption of peace talks.
  I ask unanimous consent to print in the Record the articles I cited.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

              [From the Augusta Chronicle, March 9, 2002]

                    Flawed Saudi Peace Plan Exposed

                            (By Mona Charen)

       Imagine for a moment that all reporting about the U.S. war 
     on terrorism was presented without reference to Sept. 11. 
     American attacks from the air using B-52s and F-16s against 
     fighters armed with small weapons would seem quite 
     disproportionate. Our stated intention to kill as many 
     members of al Qaida as possible might be condemned, by our 
     own Department of State, as ``excessive'' and ``contributing 
     to the cycle of violence.''
       But U.S. actions are never presented that way, because 
     everyone acknowledges that we have the perfect right to 
     defend ourselves against those who have done us grave harm. 
     Nor are we asked to sit by and wait for our enemies to do us 
     even more catastrophic damage if they get the chance. But 
     when it comes to the Israeli/Palestinian conflict, the 
     context is removed. Bleeding Israel is daily exhorted to stop 
     contributing the cycle of violence. Her teen-agers are blown 
     to bits at discotheques. Her babies are approached outside a 
     synagogue by a suicide bomber who waits until he is next to 
     the strollers before blowing himself apart. Her adolescent 
     boys who wander off in the desert and get lost are torn to 
     pieces. And all of this is applauded and celebrated by Yasser 
     Arafat and most of the Arab governments in the region.
       Some Arabs (those among the minority who acknowledge that 
     Arabs are responsible) condemned the bombing of the World 
     Trade Center. But not a single Islamic scholar or cleric has 
     condemned the systemic policy of blowing up Israeli 
     civilians. Israelis are demoralized and terrified. 
     Restaurants and shops are nearly empty. And, alone among 
     nations apparently, Israel is not permitted to engage in 
     simple self-defense.
       Nearly every dispatch from the Middle East lacks basic 
     context. Here are some of the facts to keep in mind when 
     reading these flawed reports.
       The PLO was not formed in order to secure a Palestinian 
     state on the West Bank and Gaza. It was created in 1964, when 
     both territories were under Arab sovereignty. Jordan and 
     Egypt did not create a state for the Palestinians because 
     they preferred to keep the refugees angry and homeless.
       It is not ``Palestinian land.'' There has never been an 
     independent Palestinian state on the land between the 
     Mediterranean and the Jordan River. The area--which always 
     contained Arabs and Jews--was under Ottoman control for 
     several hundred years until World War I, then British control 
     under the League of Nations Mandate and finally under United 
     Nations control.
       The United Nations approved a partition plan in 1947 that 
     would have created two states, one Jewish and one Arab. The 
     Jews accepted this arrangement. The Arabs refused. Five Arab 
     armies invaded the new state of Israel. In the ensuing war, 
     thousands of refugees fled. Jews fled Arab nations for 
     Israel, and Arabs fled Israel for Jordan, Egypt and Lebanon. 
     The Jewish refugees became full citizens of Israel. the 
     Palestinian refugees became pawns. Israel came into 
     possession of the West Bank and Gaza only because she was 
     attacked again by five Arab armies in 1967.
       If the Palestinians are fighting for a state on the West 
     Bank and Gaza, why do their maps show Palestine as filling 
     the entire territory that is now Israel? Why do they marinate 
     their people in Hitlerian anti-Semitism and anti-Anercianism? 
     Further, why--when Ehud Barak offered just such a state, or 
     95 percent of it--did Arafat walk away and start this latest 
     round of violence? Palestinian spokesman say it wasn't 
     everything they wanted. But if they truly want a separate 
     state on so-called ``occupied territory,'' why did Barak's 
     offer not form the basis for further talks?
       The Palestinians are said to be chafing under the 
     ``occupation.'' But in obedience to the Oslo process, Israel 
     has given administrative authority over 98 percent of the 
     Palestinians in the disputed territories to Arafat. Israel 
     has further permitted the Palestinian Authority to arm 40,000 
     ``police.''
       If the Saudi ``peace plan'' were serious--and not an 
     attempt to divert attention from the Saudi role in Sept. 11 
     and its sponsorship of Islamic extremism worldwide--why 
     didn't Saudi Arabia offer it before?
       Why is it impossible for the Palestinian Authority to give 
     Israel what Sharon has demanded--just three days of respite 
     from terror attacks?
                                  ____


                     Living in a Parallel Universe

                            (By Naomi Ragen)

       As an Israeli, I don't always feel I'm living in the same 
     universe as the rest of the world. We seem to be in parallel 
     universes.
       In my universe, Yasir Arafat has violated the Geneva 
     Convention on Human Rights--which calls the murder of 
     noncombatants a crime against humanity--in 11,326 terrorist 
     attacks over the last 18 months that has left hundreds of 
     Israelis dead and thousands injured. In my universe, that 
     makes him a war criminal.

[[Page 3800]]

       But in the parallel universe, it makes him a great freedom 
     fighter who deserves visits from diplomats, sympathy, and the 
     offer to head his own state where he can conceivably continue 
     his activities with a formal cache of even more deadly 
     weapons. In the parallel universe, the people who think this 
     way consider themselves liberals and humanists.
       In my universe, Saudi Arabia, is a totalitarian state which 
     cuts off the limbs of thieves and stones women suspected of 
     adultery, and drowns young daughters in swimming pools to 
     preserve family honor. In my universe, it is a place where 
     women are nonpersons who cannot work, or drive, or go out 
     unaccompanied by men. In my universe, its exhibited medieval 
     antisemitism: In Saudi Arabias government daily, Al-Riyadh, 
     columnist Dr. Umayma Ahmad Al-Jalahma of King Faysal 
     University in Al-Dammam, wrote on 13/3/02 that the special 
     ingredient in Jewish Purim holiday cake is human blood from 
     non-Jewish youth.
       In the parallel universe, this same Saudi Arabia has 
     suggested that Israel withdraw to its 67 borders for more 
     empty promises of peace and this is considered a serious 
     peace initiative which is soberly discussed by reporters, 
     politicians, talk show hosts, and editorial writers.
       In my universe, following ten years of talking peace, 
     signing agreements in which the Palestinians agreed to 
     renounce the use of terror in exchange for Israel turning 
     over 95% of the West Bank and all of Gaza to Yasir Arafats 
     Palestinian Authority, giving the Authority millions of 
     dollars and thousands of guns to control the terrorists, 
     Israelis were rewarded by having their children blown up in 
     pizza parlors, discos, bar mitzvahs, and cafes; being shot in 
     their cars, having rockets destroy their homes and watching 
     Palestinians, who were our peace partners, celebrate these 
     deaths in their streets. In my universe, after wringing its 
     hands, and risking our lives, and making useless appeals to 
     Arafat to reign in his terrorists, our government finally 
     sent in soldiers to gather up the weapons. These terrorists, 
     who are ready to make ``brave'' forays into Israel in order 
     to shoot nine month-old babies and grandmothers, engaged in a 
     short gun battle until forced to surrender when confronted by 
     armed combatants.
       In the parallel universe, Israelis are condemned for 
     ``humiliating'' Palestinians, and calls go out for 
     international observers to protect Palestinians.
       In my universe, the United States, which has always seen 
     itself as Israel's greatest ally, and which has itself 
     suffered thousands of casualties from terrorist attacks by 
     Muslim extremists, calls on Yasir Arafat to stop the terror 
     on Israelis, and is ignored.
       In the parallel universe, Israel's greatest ally reacts by 
     calling for the establishment of a Palestinian State, in 
     which Mr. Arafat, like any other head of State, can establish 
     his own army, airforce, and police force and import unlimited 
     amounts of arms. Where he can continue his present 
     educational system, encouraging toddlers to view themselves 
     as future Shahids, where present educational system, 
     encouraging toddlers to view themselves as future Shahids; 
     where his television and radio broadcasts can continue to 
     show blood libels, and revel in nonstop incitement. Where 
     instead of terrorist attacks, he can prepare himself to 
     launch all-out war.
       I invite all those who are convinced they know what Israel 
     should do, to visit my universe before giving advice.
                                  ____


            [From the Observer (the Nashville Jewish paper)]

                           (By Libby Werthan)

       Last night as I lay in my comfortable bed in my lovely home 
     planning a pleasant night's sleep I could hear the guns in 
     Gilo. And I couldn't sleep; not because I was fearful for my 
     safety but because I couldn't help but think of all those 
     people living in Gilo (two neighborhoods away from us) and 
     how terrified they must be--especially the children. Thank G-
     d only three people were injured but fifty-two apartments 
     were damaged by terrorist machine gun fire.
       I would like to try to convey to you what life is like here 
     right now. I have told you long before that I thought the 
     Peace Process was just that a process that it wouldn't lead 
     to peace. And unfortunately, it has turned out that way. At 
     best, it was a holding period, a badly needed respite. In the 
     years following Oslo, we had a kind of freedom--a green 
     light, if you will; we could travel almost anywhere, enjoy 
     the country in relative safety.
       After Arafat rejected the best deal he would ever get and 
     the Peace process came to a halt we found ourselves under 
     constant attack--suicide bombers (whom one expert said was a 
     misnomer, that they should be called Islamakazes), mortar 
     attacks knifings, murders and drive-by shootings. Every 
     morning, we open our newspapers and tally up how many people 
     were killed (about 350 to date) and how many more people were 
     permanently damaged--losing limbs, being burned so badly that 
     they will never leave home, seeing loved ones murdered--they 
     are their families will never be the same. I am talking about 
     thousands of people in the last 16 months, mostly children 
     and young people under the age of thirty.
       What happened in America on 9/11 was horrifying. Over 3000 
     people lost their lives in the World Trade Center. America 
     has a population of 278 million. Israel has a population of 6 
     million. If you were to compare deaths per capita, Israel has 
     experienced almost 5 World Trade Centers in the last year and 
     a half. And that's only the deaths not the thousands 
     permanently injured. The majority have been civilians going 
     about their lives--mostly women and children. It's pretty 
     devastating when you think about it. You can imagine what 
     this has done to the psyche of our country.
       But what I find even more incredible is the response of 
     Israel to this assault. The Israeli Army, has the power and 
     ability to go in and take over the whole Palestinian entity 
     in a matter of days. But they haven't done it. Instead they 
     have targeted the ringleaders, the bomb makers and their 
     installations (and been criticized for it). They have 
     isolated Arafat, the Father of Terrorism, (and been 
     criticized for it). They have bombed the installations of the 
     Palestinian Authority but not without first telling them that 
     they are going to do it. So when they do bomb buildings, they 
     are empty. They make every attempt to avoid injuring any 
     civilians. When the army entered the two refugee camps (which 
     by the way are so vicious and independent that the 
     Palestinian police won't enter them), they gave the civilians 
     three hours to leave the camp to get out of harm's way. In 
     view of the horrors perpetrated against us ours is the most 
     measured of responses. And yet the media doesn't report it 
     that way--they can't if they want to continue to have access 
     to the Palestinians. So they talk about Israel's heavy-
     handedness, they talk about occupation, when 98% of the 
     territories are under Palestinian control, they highlight the 
     Palestinian deaths and over look many of ours. The media, 
     when being even-handed, will interview both a Palestinian and 
     an Israeli. But the Israelis they pick are either to the far 
     Left or the far Right and are clearly not representative of 
     main stream Israel. Last week they ran a story about a 
     Palestinian women coming into Israel to give birth and being 
     wounded in the shoulder when her car ran a roadblock. The 
     don't follow it up with the fact that she was taken quickly 
     taken to hospital where she gave birth to a healthy baby and 
     recovered from her wound. Nor do they tell you that the very 
     next day a pregnant Israeli woman was ambushed on the highway 
     and shot in the abdomen as a gift to the Palestinian woman. 
     We go after those who are killing us. We do not respond by 
     targeting civilians.
       I said earlier that for ten years we had a green light. We 
     no longer have that green light. It has been replaced by a 
     flashing yellow light. We still live our normal lives--go to 
     work--go to the mall--go to the movies--make gourmet 
     dinners--have weddings and bar mizvahs--work out--plant 
     gardens--go to lectures, concerts, and plays--all the normal 
     things one does. Except that flashing yellow light makes us 
     more aware of where we are and who's around us. When we hear 
     more than one siren, as we did last night, we run and turn on 
     the news--another suicide bomber blew himself up in a crowded 
     religious neighborhood. When we hear an explosion, it could 
     be something on a construction site or a car backfire, but we 
     think bomb. You might expect us to go around with long faces 
     and sometimes we do, but mostly not. Nevertheless we are 
     always hurting inside. We know so many are grieving. We see 
     the pictures of the beautiful young people who have been 
     killed and our hearts are breaking. The hardest part for me 
     and, I think, others is that there is no end in sight. How 
     long can this go on? What will happen next?
       The talk is always, let's achieve calm let's get back to 
     the negotiating table. But with whom are we going to 
     negotiate? Arafat? Arafat, the inventor of terrorism; the 
     consummate liar! A man who prays for the peace of the brave 
     on the New York Times Op Ed page and at the very same time 
     shouts Jihad, a million martyrs on to Jerusalem to his own 
     people in Arabic. A man who has not only abused the 
     opportunity offered him for peace but has brutally abused his 
     own people by manipulation and lies. he is every bit as 
     vicious as Ben Laden. Would America negotiate with Ben Laden? 
     With whom then are we going to negotiate? And if we do find 
     someone how meaningful will a signed piece of paper be? There 
     are three generations of Palestinians here who have learned 
     to hate Jews from birth; who's greatest mitzvah is to kill a 
     Jew. How can that change with a piece of paper?
       We are at a terrible impasse her. How do we protect 
     ourselves and at the same time create a Palestinian entity 
     that is self-sufficient and independent of us. This is it. 
     This is what every Israeli wants.
       And what about you? Where do you fit into this Jewish world 
     of ours? I have told you about Israel, but what about 
     Argentina where over half of the Jews there are not living 
     under the poverty line, or France where Jews are experiencing 
     a huge upsurge of anti-Semitism.
       And what about America? I don't know that much about 
     America; but what I do know disturbs me. I hear very little 
     raised in the way of protests against the biased media

[[Page 3801]]

     and little rallying in support of Israel coming from the 
     Jewish communities in America. What I do know is that the 
     Arab propaganda is so strong and effective in the US that on 
     the college campuses your children and grandchildren have 
     never been more distanced from Israel and are in fact ashamed 
     of her. American Jewish visitors are so few here that we can 
     practically thank each one personally for coming. Our hotels 
     and restaurants are closing. Our tour guides and bus 
     companies are out of work.
       Where are you when we need you? Are you writing to the 
     Congress to thank them for their support? Are you writing to 
     the President? What about letters to the editor? Are you 
     countering Palestinian propaganda on the college campuses? 
     Are you writing to CNN and NPR when their reporting is 
     clearly biased? Are you letting people here know that you 
     care? Have you contributed to a victim relief fund? What's 
     happening, folks?
       When I was in America last month, I saw a lot of hand 
     wringing and got a lot of sympathetic comments. Mostly, 
     people wanted to know why I didn't come back and live there.
       And what did I answer? I told them that we have had the 
     most fabulous twelve years of our lives here. Grant you the 
     last months have been painful. But when I think about why I 
     am here, what is boils down to is that living her is the most 
     important statement that I can make with my life.
       Since I began this letter, the situation has become 
     increasing worse. While we apprehend and thwart countless 
     attackers, we cannot catch them all. Some slip through. On 
     Thursday, I sent Moshe down to the grocery (here the grocery 
     is so close you can walk) to pick up a few things I had 
     forgotten. When he arrived, the whole areas had been blocked 
     off, all traffic stopped. And police everywhere. Just minutes 
     before, a suicide bomber had entered a very popular outdoor 
     cafe but had been noticed by a customer who alerted a waiter 
     and together they pushed him out of the cafe and at the same 
     time ripped out the wires of the bomb--and saved the lives of 
     scores of people. These were just ordinary people, but they 
     performed an extraordinary task. On Friday the cafe was again 
     packed. Saturday night a bomber entering another packed cafe 
     in the center of town was not detected in time--13 were 
     killed and over 50 wounded.
       In about an hour, Moshe and I and many of our neighbors are 
     going to take a walk in the Jerusalem Peace Forest--a part of 
     the Promenade that looks out over Jerusalem. Perhaps you have 
     been there. It is a popular tourist spot. Some weeks ago in 
     this place, a young Israeli college student, a girl, was 
     attacked by a gang of Arab teenagers and stabbed to death. 
     Our walk is symbolic. It's our way of saying you can't take 
     our favorite places away from us. We won't give in to your 
     terror.
       I could tell you many, many stories but I think you get the 
     picture. This is a war that is difficult to win; if you 
     defeat your enemy, you wind up with a captive hostile 
     population and territories that you must occupy; if you make 
     an accommodation with the enemy, it won't assure you of 
     safety or that attitudes will change. It will only put you in 
     an even less secure situation.
       If you believe in prayer, please pray for us. Both the 
     Israeli and the Palestinian populations are victimized. We 
     are going through a living Hell.

                          ____________________




                 NEXT STEPS IN U.S. POLICY TOWARD IRAN

  Mr. HAGEL. Mr. President, I will ask unanimous consent to have 
printed in the Record a very thoughtful speech by my colleague, Mr. 
Biden, on U.S. policy toward Iran, which he delivered before the 
American-Iranian Council on March 13, 2002.
  Mr. Biden offers a realistic assessment of the challenges of dealing 
with a divided government in Iran, where an unelected, ``hardcore 
clique'' holds the key levers of power and thwarts the democratic will 
of the vast majority of Iranians.
  More significantly, he lists five specific steps that the United 
States can take to increase Iran's international linkages and reach out 
to those in Iran who take risks to bring about change and reform. Mr. 
Biden's speech has touched off a spirited debate in Iran about how to 
respond to his initiative.
  Like my colleague from Delaware, I do not believe that our many 
differences with the Islamic Republic of Iran should close off 
opportunities to influence Iranian behavior and work together 
constructively when we may share common interests, such as in 
Afghanistan; assisting with and re-locating refugees displaced by the 
Afghan war; controlling the international narcotics trade; and, 
perhaps, regarding the future of Iraq.
  Our policies must also assist those in Iran advocating reform and 
change in the Iranian government. Supporting Iranian admittance to the 
World Trade Organization, for example, would strengthen the hands of 
reformers in the Iranian parliament and elsewhere who seek to undertake 
the structural economic reforms that, over time, could lead to more 
open political and economic systems for the Iranian people.
  I strongly support Mr. Biden's recommendations, including his 
invitation to meet with members of the Iranian parliament. I encourage 
my colleagues in the Senate to read Mr. Biden's speech when considering 
next steps in U.S. policy toward Iran.
  Mr. President, I ask unanimous consent that Senator Biden's speech be 
printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

Remarks by Joseph R. Biden, Jr.--``Prospects for Progress: America and 
                           Iran After 9-11''

       It is an honor to be invited to speak before such a 
     distinguished gathering.
       The number of accomplished individuals in the audience 
     today is a testament to the extraordinary achievements of the 
     thriving Iranian-American community. You have enriched the 
     United States with your many talents, and your cultural 
     traditions have strengthened the diversity of our country.
       You also have a critical role to play in serving as a 
     bridge between Iran and the United States.
       Today, I would like to share with you my views on United 
     States policy toward Iran and the kind of relationship I 
     believe Iran and the United States should have. To save you 
     the suspense, the short answer is--a much better relationship 
     than we currently enjoy.
       I say this for one simple reason--I believe that an 
     improved relationship with Iran is in the naked self-interest 
     of the United States of America.
       Iran sits in the geo-political heart of a region that has 
     long been important to our security concerns.
       On its Eastern frontier sits a newly-liberated Afghanistan 
     where the military mission is far from over. Farther East is 
     a nuclear-armed Pakistan that just a short while ago stood on 
     the precipice of a potentially devastating conflict with its 
     arch-rival India.
       To the West is a recalcitrant Iraq, with a dangerous leader 
     who Iranians grew to know all too well during the long and 
     bloody Iran-Iraq war. To the North are the undemocratic, 
     potentially energy-rich states of Central Asia and the 
     conflict-ridden Caucasus.
       To the South are several American allies that sit atop the 
     largest known oil reserves on the face of the earth.
       So it is not an understatement to say that the direction 
     Iran takes in the coming years will have a significant impact 
     upon American strategic interests in this region.
       Clearly, we cannot speak of Iran's direction without 
     addressing its internal political dynamics. Since President 
     Khatami's election in 1997, Iran has been embroiled in a 
     gradually escalating power struggle that the outside world 
     has watched with considerable interest.
       While elections haven't been perfect, the Iranian people 
     have made clear in four separate ballots over four years that 
     they are demanding fundamental change.
       The result of these elections has been the creation of a 
     divided government. An elected branch consisting of the 
     parliament and the Presidency that, by definition, is more in 
     touch with the will of the people.
       Juxtaposed to that is an appointed branch which holds many 
     of the key levers of power including the judiciary, security 
     organizations, and other bodies populated by those whose 
     vision largely revolves around the perpetuation of their own 
     authority.
       It is this hardcore clique which refuses to give way to the 
     will of the people. Over the past few years they have 
     thwarted the goals of Iranian reformers. They've arrested 
     journalists. They've imprisoned close allies of the 
     President, and often resorted to violence.
       They've harassed and persecuted minorities in Iran--Jews 
     and the Baha'i.
       They direct policies that pose a threat to our interests. 
     Not the least of which is that Iran continues to support 
     terrorism and the escalation of violence in the Middle East.
       Its recent involvement with the Karine-A arms smuggling 
     incident is a reminder of the policies that Iran must abandon 
     if there is to be a true rapprochement. And many questions 
     remain unanswered about the role played by some Iranians in 
     the Khobar Towers attack that left 19 U.S. servicemen dead.
       But shortly after September 11, ordinary Iranians held a 
     spontaneous candlelight vigil in Tehran in solidarity with 
     the victims. Yet some of Iran's leaders don't appear to 
     understand how drastically the world has changed after 
     September 11.
       Their continuing support for groups such as Islamic Jihad 
     puts them on the wrong side of the new fault-line separating 
     civilization and those who seek chaos. As you all know, Iran 
     is continuing an aggressive drive to develop weapons of mass 
     destruction and long-range missile systems. In these efforts, 
     it receives considerable foreign assistance, especially from 
     Russia.

[[Page 3802]]

       While support for terrorism appears to be directed by those 
     in the hard-line branch of the government, the support for 
     Iran's missile and nuclear weapons programs is more broad-
     based.
       The reason is a combination of three main factors: first, 
     fears over Iraq and to a far lesser degree, Pakistan. Second, 
     the belief that nuclear weapons will enhance Iran's stature. 
     Finally, we cannot dismiss the fact that some elements within 
     the government see a potential blackmail value in the 
     acquisition of weapons of mass destruction and long-range 
     missile capability.
       Whatever the motivation, the United States must place the 
     highest priority on preventing Iran from gaining such 
     dangerous and destabilizing capabilities. There are a number 
     of options for doing so.
       We cannot simply dismiss Iran's security concerns. They've 
     been the victims of chemical weapons attacks by Iraq. But the 
     neighborhood has the potential to change for the better.
       Already, the Taliban menace no longer threatens Iran. Next 
     door, Pakistan's President is reigning in religious 
     extremism.
       And I believe that the U.S. will ultimately have to 
     facilitate a regime-change in Iraq.
       These three developments alone would dramatically alter 
     Iran's security environment for the better.
       We must also be willing to hold discussions with Iran to 
     develop creative solutions as we did in North Korea. And we 
     must step up our efforts to end support by Russian entities 
     for Iranian nuclear and missile efforts. In my view, this 
     hasn't received enough attention over the past year.
       Clearly, although we must combat the spread of weapons of 
     mass destruction to any country, the threat from Iran is not 
     simply a function of capability, but of intention as well.
       If Iran evolves in a more democratic direction and the 
     U.S.-Iranian relationship improves, then the threat it poses 
     certainly will be reduced.
       This, then, raises the question of the ongoing power 
     struggle underway in Iran.
       The United States is not in a position to have a major 
     impact on this struggle. Nor should we intervene in any 
     direct way.
       We should be mindful of the painful history between our two 
     countries, which includes reported CIA support for a coup in 
     1953. And it still resonates with many Iranians, and it 
     should counsel us to be extra-cautious.
       Nonetheless, we should be clear about where we stand. We 
     are squarely with the Iranian people in their desire for a 
     democratic government and a democratic society.
       Iran has a disproportionately young population. Half of its 
     people were born after the Revolution.
       These young people and many of their parents and 
     grandparents have grown wary of Iran's isolation.
       They want Iran to take its rightful place in the 
     international community and to embrace a rapidly-changing 
     world. They want the same kinds of social, political, and 
     economic freedoms that others enjoy. And they deserve to have 
     these aspirations fulfilled. As I said, we should have a 
     better relationship with Iran. Unfortunately, that is not for 
     us to decide. And it is unlikely to come about absent a 
     change in the attitude or composition of the present Iranian 
     regime.
       While the Bush Administration continues the policy of its 
     predecessors by seeking dialogue with Iran, some in Tehran 
     have a different view.
       Part of the government clearly wants to talk to us and has 
     talked to us over Afghanistan for example. But hard-liners 
     regard us as a useful bogeyman to continue to stir up the 
     passions of their most zealous and ardent stalwarts.
       So the question is what can we do from the outside to help 
     the Iranian people realize their aspirations.
       In my judgment, we must direct our policies in a way that 
     they do not rest on the principle of reciprocity.
       In other words, we should assume that the continuing power 
     struggle will prevent Iran from responding to any particular 
     American gestures. And take steps that are carefully 
     calibrated with the aim of assisting those who seek change 
     within Iran.
       How do we do it? First, we must recognize that the most 
     entrenched elements in Iran seek to perpetuate Iran's 
     isolation through confrontation with the outside world.
       Those who seek change want to increase Iran's international 
     linkages.
       Let me outline five specific steps the United States can 
     take.
       First, the Bush Administration should issue a general 
     license to permit American non-governmental organizations to 
     financially support a broad range of civil society, cultural, 
     human rights, and democracy-building activities in Iran. Such 
     funding is currently banned by Executive Order.
       It is unfortunate that it is our own government, not hard-
     line clerics in Tehran, that have prevented practitioners of 
     democracy in America from aiding their struggling 
     counterparts in Iran.
       Second, we should continue to work with Iran on matters of 
     mutual interest as we did on Afghanistan.
       It is true that some hard-line elements in Iran are clearly 
     interested in stirring up trouble in Afghanistan, but the 
     story that many don't know is that Iran and the United States 
     coordinated their efforts on Afghanistan closely over the 
     past several months.
       The dialogue on Afghanistan should serve as a model and 
     should be extended to other areas of mutual interest, like 
     the future of Iraq another topic for discussion and 
     cooperation.
       Third, the United States should acquiesce to Iran's bid to 
     begin accession talks to the World Trade Organization. The 
     process of accession would take several years, but Iran would 
     have to make structural changes that would increase 
     transparency and undermine the key power bases of the hard-
     liners.
       Fourth, we should be willing to indirectly assist Iran on 
     refugee and narcotics matters. Iran has a huge population of 
     Afghan and Iraqi refugees. American non-governmental 
     organizations that assist refugees are willing to help and 
     should be supported in their efforts by our government.
       Likewise, Iran has paid a heavy price in blood and treasure 
     in battling narcotics traffickers on its eastern frontier. 
     Iran has asked the international community for help and it 
     makes sense to assist them through the United Nations.
       Fifth, we should continue to encourage citizen exchanges. A 
     track-two circuit has developed in recent years and it is 
     important to keep it going. Organizations such as the 
     American Iranian Council, the Open Society Institute, and the 
     Nixon Center have played a critical role, and I applaud them.
       I also applaud the President for his view that there should 
     be a direct dialogue with Iran. In that regard, let me also 
     extend an invitation in my capacity as Chairman of the 
     Foreign Relations Committee. I am prepared to receive members 
     of the Iranian Majlis whenever its members would like to 
     visit. If Iranian parliamentarians believe that's too 
     sensitive, I'm prepared to meet them elsewhere.
       Without speaking for any of my colleagues, I am confident 
     that many of them would join in such an historic meeting. 
     Indeed, some--including my friend Senator Arlen Specter--did 
     participate in an earlier brief encounter at the Metropolitan 
     Museum of Art organized by the American Iranian Council.
       We should be under no illusions that these steps will by 
     themselves have a decisive impact. The direction that Iran 
     takes the form of government it chooses are ultimately 
     matters for the Iranian people to settle.
       As we all know, Nowruz marks the start of Spring. Let us 
     hope that in this season of renewal that Iranians and 
     Americans can find a way to build on shared interests and 
     work constructively to overcome their differences peacefully.
       I pledge to do my part and I know that all of you will lend 
     your energies to this critical effort.
       Thank you.

                          ____________________




        COMMEMORATING 90TH ANNIVERSARY OF GIRL SCOUTS OF THE USA

  Mr. INOUYE. Mr. President, I wish to express my sincere 
congratulations to the Girl Scouts of the USA as it celebrates its 90th 
anniversary. Founded on March 12, 1912, in Savannah, GA, the 
organization has grown to 3.7 million girls and women in the United 
States and a total of 8.5 million people in 140 countries.
  The longevity and strength of Girl Scouts is a testament to the 
commitment of its members and volunteers to uphold the highest 
standards of leadership, social conscience, and civic duty. I thank the 
thousands of adult volunteers who devote their time and resources to 
this worthy cause.
  I also wish to extend my commendation to Ms. Gladys A. Brandt, a 
Hawaii resident who is being honored as one of the first-ever National 
Women of Distinction by the Girl Scouts of the USA. This award was 
created in conjunction with the Girl Scouts' 90th anniversary 
celebration, and it pays tribute to women who have demonstrated 
outstanding service to girl scouting. Hawaii is truly proud of Ms. 
Brandt and grateful for her diligence in educating and serving young 
people.
  Once again, I express my best wishes to Girl Scouts of the USA for 
continued success, and I encourage the members of this organization to 
always live up to the Girl Scout Promise and Girl Scout Law in every 
facet of their lives.
  Mr. SHELBY. Mr. President, I rise today to pay tribute to the Girl 
Scouts of the USA, this month celebrating 90 years of building 
character and enhancing the life skills of our Nation's young women. 
The contributions and achievements of this outstanding organization 
have endured for nine decades, helping girls to grow up courageous and 
strong. I would like to praise the work of the Girl Scouts, and in 
particular recognize the Girl Scouts of Alabama, who number almost 
45,000 girls and women.

[[Page 3803]]

  Established on March 12, 1912, the Girl Scouts are based on the noble 
belief that all young women should be given the opportunity to develop 
physically, mentally and spiritually. Their founder, Juliette Gordon 
Low, convened that first meeting with just 18 girls from Savannah, GA. 
Today her vision continues with a national membership of 3.8 million, 
making the Girl Scouts the largest organization for girls in the world. 
Over the years the Girl Scouts have remained true to their founding 
principles, and still abide by the Girl Scout Promise and Law, just as 
they did in 1912. These principles emphasize honor, accountability, 
courage, respect, God and country and are valuable lessons for our 
young women to incorporate into their lives.
  Girl Scouting has had a tremendous impact on the evolving role that 
women have played in our country over the past ninety years. The 
leadership qualities, self confidence and creative thinking that the 
Girl Scouts teach are all qualities essential in good citizens and 
great leaders. Indeed, two-thirds of female doctors, lawyers, 
educators, community leaders and even women members of Congress were 
once Girl Scouts. It is a true testament to the Girl Scouts that many 
of these women believe that Girl Scouting has had a positive impact on 
their lives.
  The Alabama Girl Scouts are celebrating their 90th anniversary by 
helping to promote literacy with their ``Books for Alabama Kids'' 
project. The seven Girl Scout councils in Alabama have been collecting 
children's books over the past 6 months to be donated to schools in the 
counties in which they were collected. Tomorrow the books will be 
presented on the Capitol steps in Montgomery. I would like to commend 
the Alabama Girl Scouts for their community service and dedication to 
promoting literacy in the state.
  I would like to acknowledge the nine decades of excellence of the 
Girl Scouts. We have seen tremendous changes in our country over the 
years, and they should be proud to have adapted and flourished. It 
demonstrates that building character and preparing for the future are 
qualities that never go out of style.
  Mr. NELSON of Florida. Mr. President, it is with great pleasure that 
I rise today to recognize the Girl Scouts for their service to our 
country over the last 90 years. This anniversary marks the day Juliette 
Gordon Low assembled 18 girls from Savannah, GA, for the Girl Scouts' 
first meeting, and celebrates the many wonderful moments this 
organization has enjoyed while growing to its current size of 3.8 
million members.
  Their mission to help all girls grow strong provides not just 
inspiration and guidance to those within their ranks, but serves as an 
example for all the Nation's young women. Through service to society 
and the development of values, self-confidence and integrity, the Girl 
Scouts of the USA are an inspiration to our Nation's youth, and are 
instrumental in creating the next generation of good citizens and great 
leaders.
  I am proud that Congress last week honored the Girl Scouts 
accomplishments with the passage of a resolution marking March 10 
through March 16, 2002 as ``National Girl Scout Week,'' and I look 
forward to future opportunities to celebrate this organization's 
commitment and contribution to our Nation's young women.

                          ____________________




 TRIBUTE TO SECOND LIEUTENANT MAURICE W. HARPER AND LIEUTENANT COLONEL 
                               EARLE ABER

  Mr. SESSIONS. Mr. President, I rise today to honor the sacrifice of 
two American patriots who will be interred tomorrow at Arlington 
National Cemetery. Second Lieutenant Maurice W. Harper, United States 
Army Air Corps, a native of Birmingham in the great State of Alabama, 
and Lieutenant Colonel Earle Aber, United States Army Air Corps, of 
Wisconsin, gave their lives in defense of this Nation and freedom on 
March 4, 1945 when the B-17G bomber they were flying was shot down 
while returning from a mission over Holland.
  Over half a century later, the crash site was located and 2nd Lt. 
Harper's remains, along with the remains of his pilot, Lieutenant 
Colonel Earle Aber, were recovered in September, 1999 and identified by 
the Army Central Identification Laboratory in Hawaii. Their aircraft 
was severely damaged after it was mistakenly hit by British anti-
aircraft guns which were firing at retreating German bombers over the 
English coastline. Lt. Col. Aber ordered the crew to bail-out while he 
and 2nd Lt. Harper struggled at the controls of their damaged aircraft. 
Their selfless actions allowed the other nine members of their crew to 
bail-out from the aircraft and survive the mission. There was not 
enough time, however, for these two brave airmen to escape and they 
perished when the aircraft crashed into the River Stour near Ramsey, 
England. The remains of both of these fine young men, that could be 
identified, were returned to their families. Unfortunately, not all of 
the remains could be positively identified. The co-mingled remains of 
these two fine Americans, still together after 57 years, will be laid 
to rest together at Arlington National Cemetery on March 22, 2002.
  I would also like to take this time to thank the professionals at the 
Army's Central Identification Laboratory in Hawaii who continue their 
labors to identify the remains of our fallen sons and daughters and 
return them to their loved ones.
  These two fine gentlemen, members of the ``greatest generation,'' 
deserve the gratitude of this great Nation. I know the Members of the 
Senate will join me in honoring the sacrifices of these two brave men 
and expressing our deepest condolences and heartfelt thanks to their 
families as they lay their loved ones to rest tomorrow in the hallowed 
ground at Arlington.

                          ____________________




        STAYING THE COURSE IN AFGHANISTAN: THE NEED FOR SECURITY

  Mr. BIDEN. Mr. President, about 2 months ago I spent half a week in 
the Afghan capital city of Kabul, and virtually every conversation I 
had during my time there revolved around a single question: Would 
America stay the course?
  After all our successful military actions, after all our promises on 
reconstruction, after all our commitments to prevent Afghanistan from 
relapsing into chaos and warlordism, would we really have the stomach 
to get the job done?
  Whether I was talking to refugees living in bestial squalor, or to 
Chairman Karzai in a palace where the electricity barely functione;
  Whether I was talking to NATO soldiers in the international security 
force, to representatives of the U.N. and international humanitarian 
groups, or to our own American servicemen and servicewomen so valiantly 
risking their lives for a just cause; whoever I was talking to, the 
questions remained basically the same: Would we have the steadiness, 
determination, and commitment to remain engaged? Would we demonstrate 
the leadership necessary to keep the international coalition together? 
Would we maintain our resolve for the long haul, once the immediate 
battles had been won and our nation's attention had started to turn 
away from this remote and forbidding part of the world?
  I will tell you now what I told them then: We can, we must, and we 
will.
  Let me take a few minutes to explain what I mean, and how I see our 
role in Afghanistan over months and, yes, the years to come. But first, 
I suggest that we all remember just why we sent troops to Afghanistan 
in the first place. I can sum it up in three syllables: 9-1-1.
  Our rationale for entering the fray was very simple: Our Nation had 
come under attack, the most horrific single attack we had ever 
experienced in all our history, and the de facto rulers of Afghanistan 
were actively sheltering the terrorists who orchestrated this deed. We 
gave the Taliban every opportunity to surrender Usama bin Laden and his 
band of thugs, but the Taliban chose instead to link themselves ever 
more closely to al Qaeda.
  The decision to go to war is never easy, but in this case it was 
inevitable.

[[Page 3804]]

The decision was made for us, as I and the rest of the Members here 
were assembling for morning business on a Tuesday in September.
  Our troops have done a truly outstanding job fighting this war, as 
the recent battle in Shahi-kot demonstrates, the Taliban and al Qaeda 
are scattered and on the run.
  But we always knew that this would be the easy part. As President 
Bush, Secretary Powell, and Secretary Rumsfeld have correctly noted, 
our war on terror will be a long one, and we can't expect our early 
victories to be the final word.
  Let's remember that in 1979, it took the Soviet forces no more than 
10 days to establish control over every major population center in 
Afghanistan. The really tough part, we knew from the beginning, 
wouldn't be ousting the Taliban and al Qaeda--the tough part would be 
making sure that they stayed ousted.
  That is why we have no choice but to stay the course. If Afghanistan 
returns to a state of lawlessness and disorder, two things are pretty 
much certain to happen.
  First, the Taliban, or some new and equally brutal group, will 
establish control over all or part of the country, and they will 
provide safe haven to any terrorists, drug-traffickers and violent 
insurgents willing to pay their price;
  Second, these terrorists will once again use Afghanistan as a base to 
launch attacks on the United States to destabilize regimes all around 
the world.
  If we don't do the job right, mark my words: U.S. troops will be 
right back in Afghanistan a year or two down the line, only this time, 
we will be doing the fighting all by ourselves.
  Let us think about that for a moment. The victories we've seen over 
the past 5 months have been American victories--but they are not only 
American victories. At every step along the way, we have relied on our 
Afghan allies for the bulk of the troops on the ground.
  Whether we're talking about battles for Kabul or Kandahar, for Mazar-
e Sharif or Tora Bora, the pattern has generally been hundreds of 
American troops spearheading thousands of Afghan fighters.
  This pattern is far from perfect--as the porousness of our cordon at 
Tora Bora and, most recently, Shahi-kot demonstrate, sometimes Afghan 
troops are no substitute for U.S. infantrymen.
  But without our Afghan allies, imperfect as they have sometimes been, 
we would not have been able to achieve our impressive victories in 
anything like the time-frame we have achieved them.
  And that point is vital to our future strategy: As many people in 
Kabul told me, from Chairman Karzai right on down to mud-on-the-boots 
G.I.s patrolling the airbase at Bagram, we have only got one chance to 
do it right.
  As I was constantly reminded, the U.S. pulled out of Afghanistan 
abruptly in 1989, just as soon as our short-term objectives had been 
met. If we do so again, I was told time after time, then we had better 
not expect any Afghans to fight on our side when a new nest of 
terrorists requires military action in the future.
  The stakes, in short, could not be higher. Some people are of the 
opinion that we can pull out relatively soon, that any future military 
action would be as ``easy'' as the present one.
  ``We've got the most powerful military out there,'' they say, ``we 
don't need the help of unreliable Afghan and incompetent Europeans--we 
can go it alone.'' To anyone who labors under this delusion, I say, 
take a trip to Afghanistan.
  Go there, talk to the people, have a look at the terrain. Anybody who 
does, I suggest, will return firmly convinced that we must stay the 
course. We have got to do the job right this time--because it may be 
the last chance we get.
  So what does ``doing the job right'' entail? There are several parts 
to the equation--economic reconstruction, building political 
institutions, clearing minefields, creating the educational, medical, 
and other infrastructure necessary for long-term self-sufficiency.
  But none of these elements are possible without security on the 
ground. That's the central piece of the puzzle. If we establish 
security, all else can follow--and without it, nothing else can grow.
  For the long term, according to the plans of the U.S. administration 
and the U.N. organizers, Afghanistan's internal and external security 
will be provided by a national army and police force.
  This is the right way to go, and I fully support all the efforts 
currently under way to create these institutions. But you can't create 
them overnight. It takes time to recruit, train, equip, and solidify a 
truly capable, professionalized force.
  In Kabul I received an extensive briefing from Maj. Gen. McColl, the 
British commander of the International Security force authorized by the 
U.N. to maintain order in the capital.
  Gen. McColl's planners have worked up a detailed strategy for 
creating an Afghan army and taking at least the heavy weaponry away 
from local warlords. Even to create a bare-bones force of a few 
brigades, he found, would take up to 2 years.
  So what happens in the meantime? What is happening right now? I am 
afraid the answer isn't very encouraging. In the meantime--right now--
Afghanistan is not-so-slowly falling back into chaos.
  The interim government of Hamid Karzai exerts very little control 
over most of the country: In Herat, Gen. Ismail Khan rules as a semi-
independent baron--and entertains emissaries from Iran, who are anxious 
to expand their sphere of influence.
  In Mazar-e Sharif, the brutal warlord Gen. Abdurrashid Dostum has 
picked up where he left off when he was ousted by the Taliban--and his 
record suggests that he will take his current duties as Deputy Defense 
Minister no more seriously than his past promises to virtually every 
party in the conflict.
  In Kabul itself, Defense Minister Fahim maintains the fiction that 
his own militia, basically the Northern Alliance troops, is serving as 
a nonpartisan national army.
  It is clear to all observers, however, that these soldiers owe their 
allegiance to Fahim and various sub-commanders--and not to the legally-
constituted civil authority.
  In the Pasthun areas, a wide array of local warlords play all sides 
against every other--accepting money and arms from the U.S. and the 
Taliban alike, even attempting to use American air power to settle 
their own petty feuds.
  There have even been credible reports of various warlords falsely 
identifying their local rivals as al Qaeda in order to call in American 
airstrikes--putting U.S. servicemen in harm's way to advance their own 
sordid objectives.
  Meanwhile, Afghanistan's predatory neighbors sit on the sidelines--
but not for long. Afghanistan's bloody civil war has long been fueled 
by arms, money, and recruits drawn from the surrounding nations.
  The neighboring meddlers include Iran, Pakistan, Uzbekistan, and 
Russia, but a variety of other nations slightly further afield have got 
into the game at one time or another. Each has attempted to reshape 
Afghan politics for its own narrow interests--to the detriment of the 
people, and the instability of the region.
  All have basically kept their hands off while U.S. troops have ruled 
the roost. But the moment the last troop transport takes off, expect 
the jockeying to begin all over.
  Ever had a neighbor who pops in to borrow a cup of sugar and invites 
himself to dinner? Maybe a distant relative who stops by to say 
``hello,'' and never seems to leave? Well, the Afghans know how it 
feels.
  They have had to suffer with unwelcome houseguests for thirty years. 
And they know that as soon as the door is open--as soon as the American 
troops leave--all of these unsavory interlopers will come flocking 
back.
  So what's the solution? How do we--together with the rest of the 
world community--provide Afghanistan with a year or two of breathing 
room to let it build up a national army and police force of its own? 
There are basically two possible paths.
  Have American troops continue to serve as the de facto security 
force, or

[[Page 3805]]

get the international community to share our burden.
  Fortunately, a mechanism exists to make this second option a 
reality--it's the International Security Assistance Force, ISAF for 
short, and it can save us from the necessity of being Afghanistan's 
only policeman.
  Right now, ISAF is strictly limited by its U.N. mandate. Its 5,000 
troops are confined to Kabul, and even there they have to tread 
gingerly. The unit is currently under the command of the British, but 
the Brits plan to transfer command as soon as April.
  The entire mandate ends in June--precisely when its continuing 
presence is most needed to safeguard the Loya Jirga, or Great Council 
to be convened as the next step in the process of political rebuilding.
  So here, in a nutshell, is what we have to do.
  First, this international security force must be extended from Kabul 
to several key sites throughout the country.
  It should be expanded to Mazar, Kandahar, and perhaps other cities 
such as Jalalabad or Gardez. Such an expansion would entail an increase 
in troop strength from the current 5,000. Some sources say 25,000 
troops would be needed, others say the mission could be accomplished 
with a more modest increase.
  I will not presume to venture an opinion on the precise number, I 
will just say that we should make sure the military planners have as 
many troops as they deem necessary to do the job right.
  This expansion should not and will not interfere with ongoing U.S. 
operations against Taliban and al-Qaeda remnants.
  Currently, the ISAF commander is subordinate in theater to the U.S. 
commander, and there has been no question of ISAF troops encroaching on 
American operations. Quite the opposite--ISAF troops are a force 
multiplier, and free up American assets that would otherwise have to be 
used to guard and protect bases at transport hubs such as Bagram.
  Second, the mandate of the international security force must be 
extended for 2 years. This would provide sufficient time for the 
creation of an indigenous Afghan army and police force, and insure a 
smooth transition to the new Afghan government.
  Third, the international security force must be given robust rules of 
engagement, and all the equipment, airlift, and intelligence necessary 
to accomplish its mission.
  Let's make no mistake here--the troops on the ground are not and must 
not be blue-helmeted peacekeepers. These are, and must be, peacemakers. 
We need rough, tough, combat-ready forces, with the ability to take 
names and impose order.
  Fourth, the U.S. must be fully engaged as the mission's guarantor of 
last resort. That does not necessarily mean we have to send U.S. 
troops, although we shouldn't rule it out off the bat.
  What it does mean, however, is that we commit ourselves to insuring 
the mission's success.
  Maybe we can achieve this goal by providing airlift, intelligence, 
funding, and diplomatic support.
  Maybe we also have to provide the promise of troops extraction, air 
combat assets, and the ultimate ace-in-the-hole of sending the cavalry 
to the rescue if things get too hot.
  But, one way or another, this is a goal we must achieve--not merely 
for the sake of Afghanistan, but for the national security interest of 
the United States.
  When I go around the country talking about the need for a robust 
security force, with the U.S. providing the ultimate guarantee of 
success, I'm often asked whether that's an implicit call for the 
participation of American ground troops. It is a fair question, but 
it's putting the cart before the horse.
  I would prefer it if we could accomplish our mission without 
deploying a single U.S. soldier.
  I would prefer it if other nations could do the job without our 
troops on the ground. And maybe they can.
  But my past experience, both in the Balkans and elsewhere, leads me 
to doubt that this will be possible.
  First, there aren't a whole lot of countries out there with the 
military assets--both human and technological--necessary to get the job 
done right.
  Other countries may be able to provide the bulk of the force, but the 
presence of even relatively small numbers of American troops can mean 
the difference between success and failure.
  Look at our battlefield results in Afghanistan--the military 
effectiveness of our Afghan allies has been increased exponentially by 
the presence of very small numbers of U.S. Special Operations Forces.
  These troops not only brought in the heavy artillery, by calling in 
and targeting airstrikes, they stiffened the spine of the brave, but 
often young, inexperienced, and poorly trained, Afghan fighters.
  Second, and just as important, is the political side of the equation. 
Without U.S. boots on the ground, the commitment of other nations often 
starts to falter.
  As Maj. Gen. McColl, the British commander of ISAF, said to me in 
Kabul, ``Once you Americans pull your troops out of Afghanistan, how 
long do you think my Parliament will authorize the deployment of 
British soldiers?''
  Let me be clear: I'm not advocating any specific deployment of 
American troops. The specifics of any troop deployment is a decision 
best left to the President, based on a military assessment of what is 
needed to get the mission accomplished.
  My point is merely that we have a mission to accomplish in 
Afghanistan, and if the deployment of American troops as part of an 
international force is deemed necessary, we should certainly step up to 
the plate.
  Perhaps we'll be able to continue the status quo--to have U.S. troops 
currently serving in Operation Enduring Freedom serve as the de facto 
back-up squad for ISAF troops.
  Some voices decry using American troops as ``policemen,'' and urge 
that peace operations be left to other nations. But every big-city 
police force needs a SWAT team to handle the real bad characters. 
Perhaps the U.S. can serve as the SWAT team for an expanded U.N.-
mandated security force.
  But we shouldn't be afraid to have our troops integrated to an 
international force of peacemakers in Afghanistan. Our experience in 
the Balkans shows that we can work with our NATO allies, and other 
countries, to make such forces the instrument of U.S. policy.
  And, as a survey of top brass recently released by the ``Peace 
Through Law Education Fund'' argues, such operations can be a huge 
benefit to American military and political objectives.
  Not all of the generals quoted in the report will agree with all of 
its recommendations, and the survey was undertaken prior to the 
campaign in Afghanistan. The opinions expressed related to peace 
operations in general, not to ISAF in particular.
  But I think the most valuable part of the report is the wide 
selection of direct quotes from some of our most respected military 
commanders.
  I would like to share a few of these observations--all of them made 
by American commanders with far more military expertise than I would 
ever claim to possess.
  Taken together, they make what I believe is a convincing case for 
American leadership on--and, if necessary, participation in--a 
significantly beefed-up international peacemaking force to be deployed 
at various sites throughout Afghanistan.
  On American involvement in multinational peace operations:

       The nation that has the most influence . . . has to play a 
     number of roles. Peacekeeping, peacemaking or peace 
     enforcement is one of those roles. To walk away from those 
     responsibilities, in my judgment, is to invite questioning of 
     your overall leadership character. As a result, people will 
     start to question you and your resolve for the principles for 
     which you stand.

  Gen. James Jones, Commandant of the Marine Corps.

       If the United States doesn't participate, the United States 
     can't lead . . . You can't ask other nations to take risks 
     that you won't take yourself.


[[Page 3806]]


  Gen Wesley Clark, Supreme Allied Commander, Europe (1997-2000).

       In order for us to have influence, we must be engaged . . . 
     If you're not there on the ground . . . you are not able to 
     really influence what's happening on the ground.

  Maj. Gen. Ricardo Sanchez, commander of a NATO multinational brigade 
in Kosovo, 1999-2000.

       Whether we like it or not, we're the big dog. If someone 
     calls 911, . . . it's the United States of America that 
     answers.

  Air Force Lt. Gen. Robert Fogelsong, Assistant to the Chairman of the 
Joint Chief of Staff, 1997-1999.

       I do not believe that any major humanitarian or 
     peacekeeping effort can be successful, long-term, without the 
     support of the U.S.

  Gen. Peter Pace, USMC, now Vice-Chairman of the Joint Chiefs, then 
CinC of South Com. On unit morale.

       The re-enlistment numbers are far higher in units in Bosnia 
     and Kosovo than they are in units of the U.S. army overall.

  Air Force Gen. Joseph Ralston, Supreme Allied Commander, Europe.

       The re-enlistment rates in [US Army, Europe], which has 
     been involved to the greatest extent in peacekeeping 
     operations in the Balkans, are the highest in the Army.

  Gen. Montgomery Meigs, commander of NATO's force in Bosnia (SFOR), 
1998-1999.
  Gen. Jones, Lt. Gen. Fogelsong, and Adm. Dennis Blair say the same 
thing for Marines, Air Force, and Navy.

       Forget the baloney about people being upset about being 
     down range . . . morale's higher than in garrison.

  Gen. Meigs (Bosnia)

       Troops that deploy to Bosnia and Kosovo and other 
     operations like that, have high morale . . . our troops are 
     happiest, morale is highest, when they are out in the world 
     doing what they signed up to do.

  Gen. Tommy Franks, CinC of CentCom, now commander of the U.S. 
campaign in Afghanistan.
  On unit readiness and military training.

       I feel very strongly that our operation, let's say in 
     Kosovo, is a very positive net effect for the following 
     reasons. The training that the young NCO and younger officer 
     gets is far superior to what he or she would be getting if 
     they were in Germany--because they are dealing with real 
     world problems, 24 hours a day . . . That's what being a 
     troop leader is all about. Their individual, small unit 
     skills, squad level, company, battalion--it's far better 
     training than what they get back in garrison.

  Gen. Joseph Ralston

       The small unit leader's development in peace operations is 
     phenomenal.

  Gen. Meigs--The type of training that isn't available during peace 
operations is brigade and division level training, but Gen. Ralston 
notes that this large-scale training is given to troops on a relatively 
infrequent basis--typically only once every year and a half. He notes 
that when troops who have served in peace operations are put back in 
the regular training cycle, they have no troubling picking up where 
they left off.
  The words of these American soldiers, sailors, airmen and marines say 
it far better than I can. The military and strategic objectives of the 
United States are often best served by American troops participating in 
multinational peace operations.
  I am not saying we should send U.S. soldiers on such missions merely 
for their training or diplomatic value. I AM saying that we should 
recognize the pro's as well as the con's of U.S. involvement in peace 
operations.
  Yes, there are dangers--as President Bush has said, the war against 
terror will be long, and there will be casualties in the months and 
years ahead. But the dangers of abdication of our responsibilities is 
far greater than the dangers of leadership.
  We must stay the course in Afghanistan--the whole world is watching. 
Friends and enemies alike want to know whether we'll follow through in 
Afghanistan, and if we fail to follow through here, how can we ever 
convince them that we'll follow through in Yemen, the Philippines, or 
Indonesia--let alone in Iraq.
  But that is the topic for another day.

                          ____________________




                  TAKING CARE OF OUR NATION'S VETERANS

  Mr. JOHNSON. Mr. President, over the last few weeks, I have had the 
honor of meeting with a number of veterans, both here in Washington and 
in South Dakota. Every time I meet with them, I am reminded of the 
tremendous sacrifices they have made on behalf of our country. We owe 
each of them a debt of gratitude that can never be fully repaid.
  One of the things we must do for our veterans is honor our past 
promises. For decades, the men and women who joined the military were 
promised educational benefits and lifetime health care for themselves 
and their families. Those commitments have too often not been kept, and 
I am concerned this is starting to threaten our national security. 
Veterans are our Nation's most effective recruiters. However, 
inadequate education benefits and poor health care options make it 
difficult for these men and women to encourage the younger generation 
to join today's voluntary service.
  In my meetings with veterans, the issue of greatest concern is health 
care. They want assurances that they will be able to access quality 
care. Unfortunately, years of inadequate funding for veterans health 
care has pushed the VA health system to the brink of crisis, and the 
quality of care is starting to suffer. Let me be clear, this has 
nothing to do with the men and women who work in the VA health system. 
They are dedicated professionals who care about the veterans they 
serve, but they are being asked to do too much with too few resources.
  Veterans were very optimistic when the President mentioned his 
commitment to veterans health care in the State of the Union address in 
January. At first glance, it looked as though the President's budget 
had made a significant effort to fix the mounting funding problems at 
the VA. But after budget gimmicks, such as $800 million that was 
included for the first time in the VA budget for federal employees' 
retirements, the amount of funding that the President has recommended 
for veterans health care falls far short of the promised $2.2 billion 
increase. Instead, it is only about $1.4 billion more than last year.
  I am pleased that the Senate Budget Committee, of which I am a 
member, has recently approved a budget resolution that will provide 
$1.2 billion more than was requested by the Bush administration for VA 
health care and $2.6 billion more than was approved in fiscal year 
2002. I am hopeful that this level of funding will go a long way toward 
addressing the critical funding needs in VA health care.
  While there is good news about the health care budget, I am concerned 
about a provision in the President's budget that would establish a 
$1,500 deductible for Category 7 veterans. Under this new policy, a 
veteran would be forced to pay for 45 percent of his or her medical 
care, up to a limit of $1,500 per year. The VA estimates that 121,000 
veterans will choose not to be treated at the VA next year if the 
proposal becomes law. This would include several thousand in South 
Dakota. I know this is an attempt to ask veterans who make more money 
to contribute more to their own health care. However, the way in which 
the VA determines Category 7 status is unfair, particularly to many 
veterans in South Dakota. Category 7 veterans are those who lack a 
disability related to their military service or whose income is higher 
than the current VA eligibility standards. The current income standard 
is $24,000 annually for a single, or $28,000 for a couple, and applies 
to 40 percent of the veterans in South Dakota. Assets, such as land, 
are included in the calculation of income. This is a concern for many 
farmers and ranchers in my state who may own land worth a considerable 
amount, but whose actual yearly income is well below the VA threshold. 
The administration's proposal to impose a $1,500 co-pay on all Category 
7 veterans would be particularly onerous on these veterans.
  I would also like to note the concern some veterans have raised about 
a new VA regulation that increases the price of prescription drugs from 
$2 to $7 a month. Seven dollars a month for a prescription is still 
relatively inexpensive, and given the lack of prescription benefits 
under Medicare, many older

[[Page 3807]]

veterans still benefit greatly from this VA service. However, when you 
look at longer waits for appointments, cuts in VA services, and the 
proposed $1,500 co-pay for Category 7 veterans, this increase in 
prescription costs is seen as yet another example of the erosion of 
veterans benefits.
  One of the positive steps in VA health care has been the shift away 
from a health system based on lengthy, in-patient hospital stays, to a 
system focused on preventative, outpatient care. This shift has vastly 
improved patient care. It has also proven to be popular with veterans, 
as demonstrated by the large numbers currently utilizing the Community 
Based Outpatient Clinics, CBOCs. These community based clinics are 
particularly important in rural States like South Dakota. By placing 
clinics in local communities, we increase access to care by cutting 
down the amount of time a veteran must spend travelling. Greater access 
to nearby care means veterans are likely to seek medical attention 
before an illness becomes a major health problem.
  This new access to clinics was threatened in South Dakota when 
budgetary constraints prompted the VA to put a moratorium on enrollment 
in CBOCs in Aberdeen, Rapid City, and Pierre. This caused concern among 
veterans in the areas around the clinics who were told their only 
option for health care was a multiple hour drive away. After working 
closely with the VA, the enrollment caps appear to have been lifted. I 
will continue to monitor this situation and will work with Secretary of 
Veterans Affairs Anthony Principi to ensure all eligible veterans 
continue to have access to these clinics.
  I believe we in the Senate should commit to making this the year we 
finally address the issue of concurrent receipt of military retirement 
benefits. Under current law, military retirees cannot receive both full 
military retirement pay and full VA disability compensation. Instead, 
retirement payments are reduced by the amount received in disability 
compensation. Changing the law to allow for concurrent receipt of 
benefits is an issue of basic fairness because both military retirement 
pay and VA disability compensation are earned benefits. Retirement pay 
comes after at least 20 years of dedicated service in the Armed Forces 
and VA disability is earned as a result of injury during time of 
service.
  I have been working with South Dakota veterans and my colleagues in 
the Senate for several years to fix this problem. Last year, the Senate 
adopted an amendment to both the fiscal year 2002 budget resolution and 
to the fiscal year 2002 Defense authorization bill to include funding 
to correct this problem. Unfortunately, despite strong support in the 
Senate, the language to allow concurrent receipt was removed from last 
year's budget resolution during the conference with the House of 
Representatives. In the Defense authorization bill, Congress agreed to 
allow concurrent receipt, but only if the administration included 
authorizing legislation as a part of the fiscal year 2003 budget 
request.
  I was very disappointed to discover that the President's fiscal year 
2003 budget request did not include provisions for concurrent receipt. 
I recently sent a letter to the President expressing my regret at his 
decision not to address concurrent receipt and asking him to work with 
Congress to address this urgent matter. I am very pleased that the 
Senate version of the fiscal year 2003 budget resolution includes a 
provision to phase in full concurrent receipt for veterans who are 60-
100 percent disabled as a result of their military service. This is 
only a first step, but a positive step. At a time in which we are 
asking more and more from the men and women serving in the military, we 
should be looking for ways to encourage them to make a career in the 
military by improving benefits and assuring them they will be taken 
care of in retirement.
  Another priority for me is improving educational benefits for 
veterans. Unfortunately, the current GI bill fails to keep pace with 
the rising costs of higher education. Less than one-half of the men and 
women who contribute $1,200 of their pay to qualify for the GI bill 
actually use these benefits. Last year, I joined Senator Susan Collins 
in introducing legislation to bring the GI bill into the 21st century 
by creating a benchmark level of education benefits that automatically 
covers inflation to meet the increasing costs of higher education. Our 
concept is a very simple one; at the very least, GI bill benefits 
should be equal to the average cost of a commuter student attending a 
4-year university. The Montgomery GI bill has been one of the most 
effective tools in recruiting and retaining the best and the brightest 
in the military. It has also been a critical component in the 
transition of veterans to civilian life. It is imperative that the 
Senate passes this legislation this session.
  I am also pleased to be a sponsor of two other very important bills 
that will honor the commitments we have made to our veterans.
  S. 1644, The Veterans Memorial Preservation and Recognition Act, will 
protect all veterans memorials on public property by extending current 
criminal penalties for destruction of property to any statue, plaque, 
or monument commemorating veterans. The bill also creates a restoration 
fund--to which individuals or organizations can contribute--to repair 
and maintain our Nation's veterans memorials. Finally, the bill 
authorizes States to place supplemental guide signs for veterans 
cemeteries on Federal-aid highways.
  I am also an original cosponsor of S. 2003, the Veterans Benefits and 
Pensions Protection Act. This bill will help protect veterans from 
unscrupulous predatory lending. The VA currently prohibits the direct 
sale of veterans pension or disability benefits. However, certain 
companies are exploiting a loophole in the law that allows them to 
enter into contracts with veterans to offer them ``instant cash'' in 
exchange for future benefit payments. In essence, a veteran agrees to 
sign away his or her benefits for a selected amount of time, and in 
exchange, the company agrees to pay the veteran a lump some of money. 
Frequently, this ranges from only 30 to 40 cents on the dollar. The 
veteran is then required to open a joint bank account with the company 
in which the benefits are directly deposited and the company makes the 
withdrawal. Veterans are often also required to take out life 
insurance, payable to the company, or use their homes as collateral.
  S. 2003 will close this loophole and authorize education programs to 
inform veterans about the danger of this scam. The bill has been 
endorsed by the Disabled American Veterans, Paralyzed Veterans of 
America, Vietnam Veterans of America, and AMVETS.
  Mr. President, there are few things more important than those who 
serve our country in the Armed Forces. As a nation, we need to take 
care of these men and women, not only while they wear the uniform, but 
also when they become veterans. I look forward to continuing to work on 
behalf of the veterans of South Dakota and the Nation.

                          ____________________




                         GREEK INDEPENDENCE DAY

  Mr. REED. Mr. President, I rise today to recognize the 181st 
anniversary of Greek Independence that will be celebrated Monday, March 
25. Not unlike our founding fathers who sowed the seeds of the American 
revolution by forming the underground society, the ``Sons of Liberty,'' 
Greek patriots seeking democracy established the ``Friendly Society'' 
in Odessa in 1814. Their ideals spread and the Greek people eventually 
rose up on March 25, 1821. This day would mark the beginning of an 8 
year struggle against the might of the Ottoman Empire which had ruled 
Greece for 400 years. In 1829, the Greeks were the first to win their 
independence from the Ottoman Empire, and were formally recognized in 
1832. Their success spurred on other groups.
  But this 19th century revolution was not the first time the Greeks 
had contributed greatly to our world. In ancient times, Greek 
civilization established traditions of democracy, society and culture 
that resonate today. These Greek cultural accomplishments deeply 
influenced thinkers, writers and artists, especially those in ancient 
Rome,

[[Page 3808]]

Medieval Arabia, and Renaissance Europe. Modern democratic nations owe 
their fundamental political principles to ancient Greece. Because of 
the enduring influence of its ideas, ancient Greece is known as the 
cradle of Western civilization.
  In fact, Greeks invented the idea of the West as a distinct region 
because they lived west of the powerful civilizations of Egypt, 
Babylonia, and Phoenicia. Today we continue to marvel at their advances 
in philosophy, architecture, drama, government, and science, with 
people worldwide enjoying ancient Greek plays, studying the ideas of 
ancient Greek philosophers, and incorporating elements of ancient Greek 
architecture into the designs of new buildings.
  So I am proud to recognize the continued contributions of today's 
Greek-Americans to our country and my home State of Rhode Island. 
Although the earliest Greeks to come to America were men of the sea, 
sailing with Christopher Columbus, Ferdinand Magellan and other Spanish 
expeditions to the New World, today's Greek Americans are involved in 
all aspects of American business and society, contributing with their 
hard work and active citizenship.
  I would also note that the Greece-US relationship has deepened over 
the years and there are extraordinary opportunities to strengthen it 
even more. We share mutual concern for greater security, stability and 
prosperity in the Mediterranean, Southeastern Europe, and the Caucasus. 
The Greeks have traditionally been active as well as a force of 
progress in these regions and their experiences will help the United 
States as the two countries partner to face the challenges of the new 
century.
  I am proud to join many of my colleagues as a co-sponsor of Senate 
Resolution 214 which designated March 25, 2002 ``Greek Independence 
Day: A National Day of Celebration of Greek and American Democracy.'' I 
give Greek Americans my best wishes as they celebrate Greece's 
independence.
  Mrs. FEINSTEIN. Mr. President, over the past few days and weeks the 
drumbeat for war against Iraq has been rising in both volume and tempo. 
I rise today to express my concern, and to urge President Bush to 
proceed with care and prudence.
  At a minimum: the United States must first exhaust every diplomatic 
solution that might avoid war, with war seen as a last resort; the 
United States must assure sufficient international support, similar to 
the coalition that made the Gulf War viable; and, the administration 
must fully consult with Congress, which has a significant 
constitutional obligation in this matter, and receive proper 
authorization.
  Let me be clear: There is little question that Iraq poses a grave 
risk to the United States and our friends and allies. How to deal with 
Iraq remains, as it has for over a decade, one of the top foreign 
policy priorities for the United States.
  At this point we can not and should not lose sight of the fact that 
we still have considerable work to do in Afghanistan. Rushing 
precipitously towards another military confrontation, unless the need 
is imminent, would not be prudent.
  We are all aware of the nature of the threat: Iraq under Saddam 
Hussein seeks to develop WMD, has used these weapons against its own 
people, has invaded its neighbors and threatened others in the region 
with its missiles.
  And we are all well aware that Iraq, having agreed to United Nations 
inspectors after its defeat in the Gulf War a decade ago, banned them 
in 1998. For 4 years the international community has had no access to 
Iraq and no ability to inspect its weapons facilities.
  The administration believes Iraq is continuing to develop chemical 
and biological weapons, and is seeking nuclear weapons. As a member of 
the Intelligence Committee I believe that the administration is correct 
in this assessment.
  And the administration has argued that Iraq's weapons of mass 
destruction must be dismantled before President Saddam Hussein forms an 
alliance with Al Qaeda or other terrorist groups.
  It is critical, therefore, that the United States, through the United 
Nations, seek additional inspections, under a ``go anywhere, anytime'' 
inspection regime, to provide Iraq with the opportunity, one last time, 
to either work with the international community on this issue or, by 
its refusal, admit guilt and face the consequences.
  I also believe that it is critical that, should an imminent threat 
require U.S. action, that the Administration come to Congress to seek 
its judgment and assent.
  The resolution authorizing the use of force against the September 11 
attackers provides the President authority to take military action only 
against those groups, individuals, or nations who aided in the 
September 11 attacks, or harbored those involved.
  It states: ``The President is authorized to use all necessary and 
appropriate force against those nations, organizations, or persons he 
determines planned, authorized, committed, or aided the terrorist 
attacks that occurred on September 11, 2001, or harbored such 
organizations or persons, in order to prevent any future acts of 
international terrorism against the United States by such nations, 
organizations, or persons.''
  On its face, then, this resolution is both narrow and specific, in 
that it applies only to the September 11 attacks.
  In order to take action against Iraq under this resolution, the 
President must determine both that Iraq has harbored any Al Qaeda 
members, or anyone else who aided in the September 11 attacks, and that 
such an attack would ``prevent any future acts of international 
terrorism,'' as also required by the resolution.
  On the other hand, if the President attacks Iraq simply to destroy 
its weapons of mass destruction, which may be a justified action under 
certain circumstances, this resolution does not provide the authority 
for such an attack. Iraq's WMD program, if not directly linked to the 
September 11 attacks, is a separate issue not covered by the September 
resolution.
  In such a circumstance the President would need to, must, seek an 
additional authorizing resolution from Congress.
  I was pleased to see that Secretary of State Powell has indicated 
President Bush will fully consult with Congress before any military 
action is taken against Iraq.
  It is imperative that we comply with the provisions of the War Powers 
Resolution, a joint legislative act that will ensure: ``The collective 
judgment of both Congress and the President will apply to the 
introduction of United States armed forces into hostilities.''
  Given the gravity of placing potentially large numbers of America's 
forces in harm's way, I think anything less than such a ``collective 
judgment'' would tarnish the sacred trust our people have in their 
government.
  As our colleague Senator Byrd wrote in The New York Times earlier 
this week: ``The Constitution states that the President shall be 
commander in chief, but it is Congress that has the constitutional 
authority to provide for the common defense and general welfare, raise 
armies, and to declare war. In other words, Congress has a 
constitutional responsibility to weigh in on war-related policy 
decisions.''
  The challenges in taking action against Iraq underscore the need for 
the United States to work with our friends and allies in the region and 
elsewhere if we are to take effective action against Iraq.
  The administration has made great strides in creating as wide an 
international coalition as possible for action against terror and 
terrorists, it must do likewise for any action against Iraq.
  In contemplating any such action against Iraq, we must consult with 
allies and build the kind of coalition that supported our efforts in 
the Gulf War, especially those countries whose peoples and governments 
are bound to be affected by such an undertaking.
  We should not take action against Iraq until both we, the American 
people and our regional partners, are convinced of the reasons for so 
doing and that there is a clear mission and goal in mind.

[[Page 3809]]

  The United States must also consider carefully the consequences of 
precipitous action.
  Can we assure our regional partners that our actions will not involve 
the de-stabilization of the region?
  Might unilateral unsupported action against Iraq result in attacks 
against close allies such as Israel or protests against regional 
leaders in Egypt, Saudi Arabia or Jordan?
  Following any military action, are we prepared militarily and 
financially to remain in the region until Saddam is removed, the people 
of Iraq are free, and a viable democratic government is in place?
  These are complex questions to which there may be no easy answers. 
But they are questions that must be addressed before we take any action 
if those actions are to be successful and the results, enduring.
  If this matter is not handled properly, there is a profound risk that 
the Middle East will be further destabilized, and place U.S. interests 
in the region and in the war against terrorism in jeopardy.
  None of us has the wisdom or foresight to see where this war will 
lead us, how long it will last, or when it will end.
  But we are all foursquare in our determination that we, and all 
civilized peoples, succeed.
  I offer my thoughts and comments today not as a criticism of the 
administration, but rather because I feel that we have a deep 
obligation to make sure that as we proceed with this endeavor we do so 
with thoughtfulness, not afraid to ask the tough questions that must be 
asked or address the issues that must be addressed, and with the unity 
of purpose that will guarantee our success.

                          ____________________




                 GUN-RELATED DEATHS ARE STILL TOO HIGH

  Mr. LEVIN. Mr. President, the Centers' for Disease Control most 
recent National Vital Statistics Report, which measures all causes of 
death in the United States reports that the death rate from firearm 
injuries dropped nearly 6 percent from 1998 to 1999. The 1999 gun-death 
toll was 28,874 persons, the first time the figure has dropped below 
30,000 since national statistics on gun deaths were first kept in 1979. 
Preliminary data indicate that there was likely another significant 
decline in 2000. These are encouraging statistics, but the number of 
people killed by guns each year is still far too high.
  There are several important pieces of legislation before the Senate 
that were designed to address gun violence. On April 24, 2001, Senator 
Reed introduced the ``Gun Show Background Check Act.'' This bill would 
close a loophole in the law which allows unlicenced private gun sellers 
to sell guns without conducting a National Instant Criminal Background 
System check. I cosponsored that bill because I believe it would be an 
important tool to prevent guns from getting into the hands of criminals 
and other people prohibited from owning a firearm.
  The ``Use the National Instant Criminal Background System in 
Terrorist Investigations Act'' was introduced by Senator Kennedy and 
Schumer in the wake of September 11. This bill would reinstate the 90-
day period for the FBI to retain and review NICS gun purchasing data 
records for irregularities and criminal activity. The need for this 
legislation was demonstrated when the Attorney General denied the FBI 
access to the NICS database to review gun sales to individuals they had 
detained in response to the terrorist attacks. I am pleased to be a 
cosponsor of this bill and urge the Senate to act on this legislation.
  Another important component of any strategy to reduce gun violence is 
preventing children from gaining access to firearms. Senator Durbin's 
``Children's Access Prevention Act'' would hold adults who fail to lock 
up a loaded firearm or an unloaded firearm with ammunition liable if 
the weapon is taken by a child and used to kill or injure him or 
herself or another person. The bill also increases the penalties for 
selling a gun to a juvenile and creates a gun safety education program 
that includes parent-teacher organizations, local law enforcement and 
community organizations. I am also a cosponsor of this important bill 
that would help to curb the thousands of preventable firearm deaths 
that occur each year.
  The statistics I mentioned support the argument that the Brady Law is 
working to prevent gun-related deaths. However, the number of gun-
related deaths is still disturbingly high and more must be done. The 
bills I support are common sense approaches to gun-safety that deserve 
the attention of the Senate.
  Mr. BIDEN. Mr. President, all of us in this Chamber know the 
dedication of those on our staffs who work tirelessly to keep us 
informed and keep this process moving forward. And, once in a great 
while, a staffer comes along who becomes so much a part of the process, 
so much a presence in this place, that few can't imagine the Senate 
without them.
  Ed Hall, staff director on the Committee on Foreign Relations, is one 
of those people.
  A dedicated public servant for more almost 25 years now, he has been 
a rock-solid steady hand, an extraordinary professional, and--above 
all--a gentleman.
  Now he is completing his final week with the U.S. Senate. And we wish 
him well.
  But before he goes, I hope Ed won't mind too much, though I know he 
will, if I take a few minutes to pay tribute to him. Ed is one of those 
rare, talented staffers who always seems to know the answer before we 
ask the question. He always has the facts.
  He conscientiously attends to the details of the hearings, the 
legislation, the briefing books, the negotiations--with a trademark 
combination of wisdom and graciousness, and without ever expecting a 
word of thanks, much less an entire speech.
  All of us know and appreciate the hard work and dogged efforts of our 
staffs, but too often it goes unspoken. And rarely is it expressed on 
the Senate floor. Bud Ed Hall is an exceptional man who deserves 
exceptional recognition for making what we do here possible.
  He is here when most of us arrive. And he is here long after most of 
us have gone home.
  He is one of the most decent, hard-working, fair-minded and open-
hearted men I have met, loyal almost to a fault, a professional with no 
agenda but to promote the work of the committee, and to look after its 
staff.
  Ed is perceptive about human nature and profoundly patient with it. 
But what has always impressed me is his encyclopedic grasp of the 
legislative process, along with expert insight into parliamentary 
procedure.
  It takes that kind of experience, wisdom and finesses to get things 
done around here, and make no mistake, Ed Hall gets things done.
  Ed developed these traits, I am sure, at Harvard and Michigan, as an 
Assistant U.S. Attorney, then in private practice, the Marine Corps 
Reserve and through a series of positions of distinction on Capitol 
Hill.
  He started in 1975 with Senator Claiborne Pell on the Rules 
Committee, moving 3 years later to the Commerce Committee as Chief 
Counsel for Senator Howard Cannon.
  Then Ed practiced law for a while in Idaho, but as anyone who knows 
him could tell you, Ed Hall is no simple country lawyer, to borrow a 
phrase that was popularized by my Senate colleague Sam Ervin, who was 
here and Ed and I first arrived, so he came back to the Senate as Chief 
Counsel on the Foreign Relations Committee, again working with Senator 
Pell.
  A few years later, I had the good sense and the good fortune to 
retain Ed as Minority Staff Director.
  If there is one thing that I think I will always remember when I 
think of Ed, it is his unique take on the legislative process and the 
goings-on of the Senate.
  He has been known to say that if you know what to listen for, you 
learn after a while that the Senate produces a kind of music, combining 
rhythm, pace and melody wholly unique to this place.
  Ed Hall has always known what to listen for.

[[Page 3810]]

  As both minority and majority staff director, Ed's role has been a 
kind of conductor, orchestrating our work to the music of the Senate.
  During my time on the committee as ranking Democratic member, and 
then as chairman, Ed oversaw Senate consent to ratify the chemical 
weapons convention, the reorganization of the U.S. foreign affairs 
agencies, the debate deciding the expansion of NATO, and the 
establishment of a way to pay our country's arrearage to the United 
Nations.
  He did it in close coordination with his Republican colleagues on the 
committee--sometimes at odds over small matters of language. Sometimes 
at odds over major issues of fundamental principle. But Ed has always 
bridged the gap.
  He treats all parties with respect, and tries to accommodate all 
interests involved. His success in so doing is evidenced by the close 
personal friendship he shared with Admiral James ``Bud'' Nance, Staff 
Director for my distinguished colleague from North Carolina, Chairman 
Helms, until Bud passed away in 1999.
  Bud and Ed genuinely cared for one another, and the maturity and 
mutual approval that they brought to the job filtered down through all 
the ranks of their respective staffs.
  It is not for nothing that some of the younger staff members refer to 
Ed Hall as ``Daddy Ed.'' He has led by example, bringing out the best 
in those for whom he is responsible and helping them feel that what 
they do is more than a mere job.
  But, though I can't imagine where he finds the time, Ed Hall's work 
doesn't end when he leaves his office.
  Ed's collaborative and caring approach to working with others is 
consistent with his religious convictions. He has been modest about 
them while in the office, but generous in expressing his faith through 
intense involvement in community affairs.
  Ed has long been active in the work of ``The Green Door,'' a 
nonprofit organization that helps the mentally ill achieve independence 
and self-sufficiency.
  He is a member of the board of directors for Episcopal Relief and 
Development, which provides assistance to those in need in the United 
States and abroad.
  And he has been an at-large trustee for the Virginia Theological 
Seminary, where he will soon be vice president for Institutional 
Advancement.
  We can only hope that Ed's new position will give him more time with 
his family. To his wife, Sherry, let me say thank you for all the times 
she kept his dinner warm on my account.
  Ed Hall has always seen to it that I receive the best possible 
preparation for a speech, and that the staff maintain a modest 
collection of quotations for such occasions, and that it is always at 
hand.
  So it will be no surprise if Ed recognizes something that the English 
essayist G.K. Chesteron once said:

       The Christian ideal has not been tried and found wanting; 
     it has been found difficult and left untried.

  Well, I am here to tell you that while some may have found it 
difficult, and perhaps some have not tried hard enough, Ed Hall is 
living proof of a transcendent ideal that people of all convictions 
will recognize: he is an abundant spirit, a humble soul.
  He is a pillar of this institution. In a place where turnover is the 
order of the day, he has been a rarity, and he leaves a legacy of 
service for which the Senate will be forever grateful.
  I ask my colleagues to join me in saluting Edwin K. Hall.

                          ____________________




                       DEPARTURE OF WALLY BURNETT

  Mrs. MURRAY. Mr. President, as chairman of the Transportation 
Appropriations Subcommittee, I rise to express my regret that the 
subcommittee will soon be losing one of the most treasured members of 
its staff. Wally Burnett, our minority clerk, will be moving on to 
other opportunities at the end of this week. I know that I speak for 
all members of the subcommittee in wishing him well and thanking him 
for his fine service.
  Wally Burnett brought a wealth of experience to the subcommittee 
staff given his prior experience as Deputy Assistant Secretary of 
Budget and Programs at the Department of Transportation during the 
administration of President George H. Bush. More importantly, Wally 
brought to his position a strong sense of fairness, decency, and a 
desire to do the right thing. This trait could be seen across all of 
the Transportation bills that Chairman Stevens and Chairman Shelby 
ushered through the Senate.
  While Wally always demonstrated a strong sense of duty to the entire 
Nation, Wally never forgot that he is an Alaskan. And while Wally could 
not always be depended upon to wear a jacket to subcommittee and full 
committee meetings, he could be depended upon to provide his most 
expert views in an informed and balanced manner. I will always be 
grateful for the many courtesies that Wally demonstrated toward me, 
whether I was serving as a junior minority member of the subcommittee 
or as subcommittee chairman.
  As Wally leaves his position in the Senate, I wish him the best of 
luck in his new endeavor. I also express my hope that his tirelessly 
patient wife, Kristin, and his children, Tucker and Mattern, will 
finally see more of him.

                          ____________________




                         ADDITIONAL STATEMENTS

                                 ______
                                 

                LEADERSHIP AT THE UNIVERSITY OF KENTUCKY

 Mr. McCONNELL. Mr. President, today I recognize the 
achievements of a great Kentuckian. Dr. Lee Todd has not yet completed 
his first year as President of the University of Kentucky, but he has 
already left his mark on Kentucky's largest public educational 
institution. His approach to academic governance has earned him the 
accolades of both the students and faculty of the University of 
Kentucky, as well as from local community leaders.
  Dr. Todd's success at UK should not come as a surprise. As an alumnus 
of the University, he understands the interests and passions of the 
students. His training and tenure as an academic has given him a 
detailed understanding of the challenges and needs of the faculty. And 
his career as a successful businessman has well-prepared him to forge 
an efficient and responsive administration that is dually committed to 
crafting excellence in education and enhancement of UK's endowment. I 
have no doubt that he will succeed at both goals.
  Building upon the achievements of his predecessors, Dr. Todd has 
continued to bring top-notch research and teaching faculty to Kentucky. 
In addition, he has forged greater cooperation with and stronger ties 
to the Lexington community--a relationship that promises to be mutually 
beneficial. From UK's truly exceptional Medical Center to its important 
agricultural research, the University of Kentucky is not merely a 
preeminent state educational institution, but a tremendous asset to the 
Lexington community and the entire Commonwealth of Kentucky. Likewise, 
President Todd has worked to create a partnership with the federal 
government, a partnership I look forward to continuing in the future.
  President Lee Todd has brought with him innovative ideas and a 
commitment to excellence at the University of Kentucky. I hope that the 
students of the University and the people of Kentucky are lucky enough 
to have President Todd at the helm for a very long time. Kentucky is 
fortunate to be able to claim Dr. Todd, his wife Patsy, and his 
children Troy and Kathryn as citizens.
  I hope my colleagues will join me in thanking Dr. Todd for his 
service to the Commonwealth of Kentucky and to higher 
education.

                          ____________________




                  IN HONOR OF PHILIP AUTHIER, MPN, RN

 Mr. JOHNSON. Mr. President, today I congratulate Philip D. 
Authier, MPN, RN, 2002 President of the American Organization of Nurse 
Executives, AONE.

[[Page 3811]]

Philip Authier is also Vice President of Patient Care at St. Mary's 
Healthcare Center, in Pierre, South Dakota. Among his many 
accomplishments, Mr. Authier, has been a member of AONE for 17 years 
and served on the AONE Board of Directors from 1995 to 1999. During 
this time he also served on AONE's Finance Committee and as a AONE 
representative to the Region 6 Regional Policy Board of the American 
Hospital Association. In addition, he is a past president of South 
Dakota Organization of Nurse Executives and has chaired the finance and 
nursing policy committees of the South Dakota Board of Nursing. In 
2000, by a national membership vote, he was elected President-Elect for 
a one year term beginning January 1, 2001, and took on his current 
position as President this past January.
  As President, Philip Authier will help lead the AONE in its mission 
to facilitate excellence in the nursing practices; to offer 
professional development opportunities; to influence health policy; and 
to support research and development in nursing administration. His 
experience and expertise will help to achieve the important goal of 
improving the recruitment and retainment of individuals to this very 
important profession. I am confident that his experience and expertise 
within this profession will help to achieve these goals.
  Once again, I commend and congratulate Philip Authier, a fellow South 
Dakotan, on his national leadership role in helping to address the 
needs and concerns of the nursing profession throughout the 
country.

                          ____________________




                        A POEM BY DEBBIE ROGERS

 Mr. HUTCHINSON. Mr. President, I ask to have printed in the 
Record, a poem by a constituent of mine, Debbie Rogers, on behalf of 
the victims of September 11, 2001.
  The poem follows.

                           God Bless the USA

     Twin Towers once stood regally, but majestic in the sky,
     Pure evil took them down today, Americans stand and cry.
     Two planes marked for death, as the world observes them 
           crash,
     Once titanic against the skyline, now scattered in debris and 
           ash.

     Four planes all together, carrying innocent lives on each 
           one,
     Leaving disbelief and carnage, when the hellish butchers were 
           done.
     There was no kind of warning, no message did they send,
     And the total devastation, is so hard to comprehend.

     Emergency Crews work frantically, keeping hope always alive,
     They dig with bleeding hands, praying someone does survive.
     Thousands hurt and missing, death lingers in the air,
     Families in such torment, the world mourns in deep despair.

     Our whole world has been disrupted, as we watch the breaking 
           news,
     Praying they find survivors, and all the missing clues.
     We need closure for the families, and justice for us all,
     We'll deal with this catastrophie, as Americans we stand 
           tall.

     Were proud to be Americans, we won't take this without a 
           fight,
     We won't cease in determination, till this wrong is made a 
           right.
     We'll rise above the smoke and ash, remembrance in our heart,
     Of all the innocent families, these monsters tore apart.

     Now vengeance seems to call, like a beacon in the night,
     God forgive our thoughts two wrongs don't make a right.
     But we'll stand on honor and justice, there'll be a reckoning 
           day,
     This deed won't go unpunished, God Bless the U.S.A.

       In Honor and in Memory, September 11, 2001, by Debbie 
     Rogers.

                          ____________________




        PORT OF CHARLESTON SHOULD LIVE WITH NATURE'S TOLERANCES

 Mr. HOLLINGS. Mr. President, I want to share with my 
colleagues an excellent column by Thomas E. Thornhill that appeared in 
Charleston's The Post and Courier on March 15, 2002. Mr. Thornhill 
points out the need to balance the environmental and esthetic 
consequences of expanding the port of Charleston with the economic 
benefits such expansion brings.
  As we debate what to do with the Alaska National Wildlife Refuge as 
part of the energy bill, I think it is important to add to our dialogue 
a perspective from someone who has seen the consequences of expansion 
in South Carolina, and who believes that nature mismanaged retaliates 
with relentless vengeance.
  I ask that the article be printed in the Record.
      The article follows.

          [From the Post and Courier, Friday, Mar. 15, 2002.]

       Port of Charleston Should Live Within Nature's Tolerances

                        (By Thomas E. Thornhill)

       How about a different slant on the port expansion issue? Do 
     we really know what Charleston Harbor can tolerate? This is a 
     finite body of water which has some limitations dictated by 
     nature. Yes, expansion of the port facilities will mean more 
     business, more trucks, more highway building, etc., but what 
     will it do to our rivers and harbor?
       My brother and I have been working for water and soil 
     conservation for over 40 years. Our father coined the phrase, 
     ``Nature mismanaged, retaliates with relentless vengeance.''
       We, the citizens, and the Corps of Engineers mismanaged 
     nature with the diversion of the Santee River into the Cooper 
     River, and we're still paying for it. We were pumping enough 
     mud out of Charleston Harbor to cover peninsular Charleston 
     by about 6 feet each year. That was reduced with another 
     diversion or rediversion canal, but the mud continues to 
     build up--just look at Drum Island and the Cooper side of 
     Daniel Island--tons and tons of spoil pumped from the 
     rivers..
       We are not a locale of deep water; let's recognize that. 
     You need only spend a few days in our creeks and marshes to 
     know that we have that wonderful pluff mud, the nursery 
     grounds for the Atlantic Coast fisheries, that does not and 
     will not stay in place like rock and sand of other ports.
       Waterside construction causes the natural flow to slow and, 
     in short order, the mud builds up. How else would we have 
     land east of East Bay Street, which was the city sea wall. 
     Look at the SPA Passenger Terminal, Yacht Basin, Maritime 
     Center--full of mud. Examine the land around the Sheraton 
     Hotel or Comfort Inn along the Ashley. It's sinking. There is 
     no way to contain our mud except by gentle slopes and 
     marshes.
       As we dig our channels deeper and deeper, we are 
     mismanaging nature. We cannot dig 50-foot ditches in our 
     rivers without causing sloughing off of the shoreline, the 
     changing of the flow of our rivers, and the sinking of our 
     highlands. The harbor jetties are blamed for the demise of 
     Morris Island so that the lighthouse is now at sea. The 
     jetties are blamed for changing the geography on Folly 
     Island. Breakwaters, jetties and revetments are now outlawed 
     as they caused more erosion that they were designed to cure.
       Charleston Harbor has limits dictated by nature. We cannot 
     continue to defy natural laws by overbuilding our shorelines, 
     packing our marshes with silt and fill, and overpopulating 
     our water courses. We cannot be one of the largest shipping 
     ports in the country and yet have the finest harbor resource 
     on the East coast. We cannot fill our waterfronts with docks 
     and still be America's Most Historic City and have the 
     quality of life that goes with it. We cannot double the 
     amount of super ships and still have one of the finest 
     recreational and scenic harbors in the world--to say nothing 
     about the inability of our transportation network to handle 
     the additional load.
       Trucks are clogging I-26 and I-526 on any workday. Driving 
     a car is hazardous. The State Ports Authority has done a 
     magnificent job to make our port facilities and service the 
     envy of the world. With this same talent, they now need to 
     find a future that can live within the environmental 
     restraints that nature has dealt us. Perhaps their future 
     should be planned as though Daniel Island did not exist--the 
     filling of those marshlands is damage enough. We must not, as 
     the Bible teaches, ``sell our birthright for a mess of 
     pottage.''
       As a port, we should live within the hand dealt us by 
     nature. As a port city, we should do the best with what we 
     were given to save it for future generations. Remember that 
     thousands of acres of marsh have been destroyed just to keep 
     the harbor dredged and remember that every structure on a 
     waterway or beach causes erosion problems elsewhere. Of 
     course the Port produces jobs and economic benefit (it always 
     has and will), but the incremental increase gained by 
     increasing the size of port facilities is to the profit of a 
     relatively small amount of the population, while those who 
     live here must shoulder the burden, esthetically, 
     economically and environmentally. ``Nature mismanaged 
     retaliates with relentless vengeance.''

[[Page 3812]]



                          ____________________


                 IN TRIBUTE TO COLONEL CHARLES E. MCGEE

 Mr. BOND. Mr. President, in these perilous times, citizens who 
have overcome adversity to serve our nation with distinction deserve to 
be recognized. I rise today to pay special tribute to an American who 
has served with distinction as both a fighter pilot and a civilian. In 
a 30 year military career that included service in three foreign wars, 
Colonel Charles E. McGee logged over 6,300 flying hours, including over 
1,100 hours on more than 400 fighter combat missions.
  Colonel McGee's career began with enlistment in the U.S. Army and 
subsequent training at the Tuskegee Army Air Field in 1942. Upon 
graduation in 1943, Colonel McGee flew 136 missions with the 302nd 
Fighter Squadron of the 332nd Fighter Group in the European African 
Middle Eastern Theater. Tactical missions were flown under the 12th Air 
Force using the P-39 Aerocobra and then, on transfer to 15th Air Force, 
strategic missions flying the P-47 Thunderbolt and P-51 Mustang. He 
returned to Tuskegee as a captain and served as a Twin-Engine 
Instructor until the close of the base.
  Colonel McGee later served in the 67th Fighter-Bomber Squadron, 
flying the P-51 aircraft on 100 missions during the Korean War, earning 
him a promotion to Major. In 1953, Colonel McGee returned to the United 
States to attend the Air Force Command and Staff School at Maxwell Air 
Base, AL. Upon graduation, he was qualified to fly the F-89 Interceptor 
and promoted to Lt. Colonel.
  In 1967, Colonel McGee received tactical Reconnaissance and RF-4C 
flight training and was assigned to command the 16th TAC Recon Squadron 
at Tan son Nhut Air Base. From there, he flew 172 missions in Vietnam, 
earning the Legion of Merit.
  After his tour in Vietnam, Col. McGee was stationed in Europe, where 
he served USEUR and the 7th Army in Air Liaison duty and was promoted 
to Colonel. He then served as Chief of Maintenance of the 50th Tactical 
Fighter Wing. He returned to the United States in 1971 to serve for two 
years at Richard Gebaur Air Force Base, MO. He served the Air Force 
Communications Service as Director of Maintenance Engineering and 
Commander of the base and the 1840th Air Base Wing before retiring in 
1973. Over his career, he received many awards, including: the Legion 
of Merit with Oak Leaf Cluster, Distinguished Flying Cross with two Oak 
Leaf Clusters, Legion of Merit, Air Medal with 25 Oak Leaf Clusters, 
Army Commendation Medal, Air Force Commendation Medal, President Unit 
Citation, Korean President Unit Citation, and the Republic of Greece 
WWII Commendation Medal.
  Colonal McGee's service to his fellow citizens did not end with his 
retirement from the military. In 1972, he assisted in the founding of 
Tuskegee Airman, Incorporated. This organization is dedicated to the 
preservation of the Tuskegee Airman legacy and the motivation of 
American youth, with a focus on minority youth, toward career interests 
in aerospace technology. To date the organization has raised over $1.7 
million and helped over 500 gifted American students of all races. 
Currently, Colonel McGee is serving his second term as the 
organization's Executive President.
  Throughout his life, Colonel McGee has shown extraordinary commitment 
to both our nation and his fellow citizens. Early in life, he overcame 
a society adverse to the advancement of African Americans and served 
with distinction in World War II, Korea and Vietnam. Even in 
retirement, Colonel McGee remains dedicated to the advancement of 
American youth and our Nation. On behalf of the citizens of Missouri 
and our great nation, I thank Colonel McGee for a lifetime of 
outstanding service.

                          ____________________




  THE SPEARFISH SPARTANS ARE THE 2002 SOUTH DAKOTA STATE MEN'S ``A'' 
                          BASKETBALL CHAMPIONS

 Mr. JOHNSON. Mr. President, I rise today to recognize and 
congratulate the Spearfish Spartans. The Spartans, under second-year 
coach Dan Martin, won the South Dakota State ``AA'' Basketball 
Tournament March 16 in Rapid City, SD.
  Coach Martin's squad went through the 2001-2002 season with only one 
loss, a double-overtime setback to Gillette, WY, a squad that went on 
to win its own State title. The Spartans entered the State tournament 
with an impressive 20-1 mark and defeated Rapid City Central and 
Watertown before rallying in the final exciting minutes to overtake 
Sioux Falls Lincoln, 65-61, for the State title. It was the Spartans' 
first-ever State basketball championship and the first Class ``AA'' 
title for a team west of the Missouri River since 1989.
  The team was guided this season by the senior leadership provided by 
Deming Haugland, Aaron Croff, Slade Larscheid and Timm Cooper. Haugland 
and Croff were joined by Spartan sophomore Matt Martin on the all-
tournament team and Haugland received the coveted Spirit of Su Award, 
for his sportsmanship and actions both on and off the basketball court.
  As Coach Martin told ``The Black Hills Pioneer'' after the title 
victory, ``It was due to a lot of hard work. The boys put a lot of 
blood and sweat into it and they deserve it.'' I want to commend and 
applaud the community of Spearfish for their support of young people. 
This title reflects that community support. I want to acknowledge 
Superintendent David Peters, Principal Dr. Dan Leikvold, Athletic 
Director Karen Hahn, Head Coach Dan Martin, Assistant Coaches Les 
Schroeder, Dick Tschetter and Pete Wilson for their guidance and 
support to help make this year's team so successful. I also want to 
congratulate all of this year's team members: seniors Deming Haugland, 
Aaron Croff, Slade Larscheid and Timm Cooper; juniors Tanner Tetrault, 
Josh Delahoyde, Turner Johnson and Jared Noem; and sophomores Billy 
McDonald, Matt Martin, Josh Stadler, Derek Bertsch and Scott Betten, 
for their hard work, dedication and commitment this season. Finally, I 
want to acknowledge the great work of team managers Eric Skavang, Wally 
Byrne, Rachel Brady and Katie Goodnough, and the hard-working efforts 
of cheerleaders Terra Ketchum, Sarah Hanna, Amber Orce and Angie Koski.
  Again, congratulations to the Spearfish Spartans on winning their 
first State basketball championship! j

                          ____________________




                    CONGRATULATIONS TO TARA LYNN POE

 Mr. BUNNING. Mr. President, I rise today to honor and 
congratulate Tara Lynn Poe of Paris, KY. Ms. Poe was recently crowned 
the 2002 Kentucky Cherry Blossom Princess and will serve as ambassador 
for Kentucky in the historic 90th Cherry Blossom Festival to be held 
here in our Nation's capital March 30 through April 6.
  In 1912, a prominent group of citizens in Japan graciously donated 
about 3,000 cherry blossom trees, which are not native to North 
America, to Washington, DC as a symbol of friendship between the United 
States and Japan. First Lady Helen Herron Taft, who had briefly lived 
in Yokohama, Japan, decided to bring the beauty of Japan to the then 
swampy Tidal Basin. Mrs. Taft, along with Vicountess Chinda, wife of 
the Japanese Ambassador, planted the first two trees on March 27, 1912 
in West Potomac Park. These 89 year old trees are still living on the 
Tidal Basin today. By 1939, State societies across the Nation were 
recruiting capable and accomplished female college students to be 
cherry blossom princesses to represent their respective States in the 
ceremonies and festival parade. The events were and still remain an 
attempt to educate young women about the history and political makeup 
of various cultures around the world. Although the festivities 
experienced a slight delay with the outbreak of WWII in 1941, they soon 
regained their grandeur in 1948 and were able to help foster the 
healing process between the United States and Japan. More than 2,500 
students have participated in the cherry blossom princess program since 
1948.
  As a proud representative of the Commonwealth of Kentucky in this

[[Page 3813]]

year's Cherry Blossom Festival, Tara Lynn Poe, a freshman at Centre 
College in Danville, KY, will have the unique opportunity to personally 
meet with President Bush and First Lady Laura Bush. She will be 
presenting them with a copy of a children's book by Lexington author 
Paul Brett Johnson for the library foundation. Furthermore, Tara will 
have the chance to learn from and with her fellow princesses and all 
involved in the festival about Japan and other countries, international 
relations, and American culture, politics, and history. On April 5th by 
a random spin of the wheel, Tara will be eligible to be crowned this 
year's Cherry Blossom Queen and if selected will be invited to visit 
Japan, where she will be hosted by local dignitaries, including the 
Japanese Prime Minister and the Speaker of the Japanese Diet.
  Kentuckians should be proud to have Tara Lynn Poe representing the 
Commonwealth in the Cherry Blossom Festival and I wish her the best in 
all of her future pursuits.

                          ____________________




      THE 200TH ANNIVERSARY OF E.I. du PONT De NEMOURS AND COMPANY

 Mr. BIDEN. Mr. President, over the past few weeks, banners 
have started to appear on light-posts in my home town of Wilmington, 
DE, announcing the celebration of the 200th anniversary of E.I. du Pont 
de Nemours and Company, more familiarly and succinctly known as the 
DuPont Company.
  It is a fairly modest call of attention to a remarkable event and a 
remarkable business institution. DuPont is the oldest company in 
Delaware, and certainly one of the oldest in our Nation; it has 
employed hundreds of thousands of people in my State and millions 
around the world; it is a leader in scientific innovation that has 
remained dynamic throughout its history, changing with the times and, 
with more patents than any other American firm, sometimes itself 
changing the times.
  One symbol of DuPont keeping and even setting the pace, will soon be 
seen by NASCAR fans around the country. DuPont is the primary sponsor 
of Jeff Gordon's race team, and beginning this month, Mr. Gordon will 
be driving a special DuPont 200th anniversary car, which was unveiled 
in Wilmington last fall.
  The name DuPont is familiar throughout and well beyond our Nation, 
but many of our citizens, even NASCAR fans, may not realize how 
familiar DuPont products are in their daily lives, and may not know 
much of the history of the company that has endured and evolved, with a 
central place in our scientific and economic life, and with such great 
importance to our State of Delaware.
  Founded in 1802 by Eleuthere Irenee du Pont, with $36,000 in capital, 
18 shares at $2,000 a piece, DuPont began as a gunpowder plant, 
Eleutherian Mills, on the Brandywine River near Wilmington. By 1811, 
DuPont was the largest manufacturer of gunpowder in the United States.
  Explosives long remained an important aspect of the company. During 
World War I, DuPont supplied the Allies with 1.5 billion pounds of 
military explosives, as well as providing American industry with half 
the dynamite and blasting powder needed for construction and mining. 
And during World War II, DuPont produced 4.5 billion pounds of military 
explosives, as well as nylon for parachutes, tents, ropes and other 
military supplies. The company also contributed to the Manhattan 
Project, with the Hanford plant in Washington and the Oak Ridge plant 
in Tennessee, and built and operated chemical plants related to the war 
effort.
  It was in the company's 100th anniversary year, 1902, that three of 
E.I. du Pont's great-grandsons bought out old partners, and started to 
move toward diversification, opening Eastern Laboratory and, in 1903, 
the Experimental Station in Wilmington. DuPont was soon in the dye 
business, the rayon business, and after a company researcher named 
William Hale Church made cellophane moisture-proof in 1927, the food 
packaging business. DuPont research in the 1920s also led to the 
development of a quick-drying paint for cars, which helped speed the 
manufacturing process, so DuPont's automotive history goes back a long 
way.
  The 1930s saw the development of, among other products, nylon, the 
first true synthetic textile fiber, which I mentioned was so important 
early on in World War II supplies; Teflon', which evolved in 
part out of war-related research and which we know from our own kitchen 
supplies; Butacite', which is used in shatter-proof glass; 
and Lucite'.
  The 1950s brought the development of Mylar', which has 
uses from balloons to insulation, as well as Dacron' 
polyester, Orlon' acrylic fiber and the well-known 
Lycra' brand fiber, which can stretch to five times its size 
without losing its shape. DuPont also started its serious global 
investment, with the opening of the International Department, in 1958.
  In 1964, researcher Stephanie Kwolek, whom I have had the pleasure of 
meeting, developed the remarkably strong fiber that we know as 
Kevlar', which, in its application in body armor, has saved 
thousands of police officers' lives. Tyvek', which we see so 
often as building wrap, was also developed for commercial application 
in the 1960s, as was Nomex'--where we again give credit to 
Dr. Kwolek, along with Paul Morgan, for their research. 
Nomex' is a heat-resistant fiber with a range of uses, the 
most well known of which is in protective gear for fire-fighters. 
Corian', which is now so familiar as a counter-top surface, 
followed shortly after.
  To summarize where DuPont was at the close of the 1960s in terms of 
its leadership and innovation, especially in textile fibers, I'll note 
that when Neil Armstrong walked on the moon in 1969, he was wearing a 
space suit made up of 25 layers; 23 of those layers were DuPont 
materials.
  The DuPont Company has continued to explore science-based solutions 
to real-world problems in a range of markets, from health care and 
nutrition to apparel and textiles to performance coatings and polymers 
to construction and electronics, always working to develop new products 
and to find innovative applications even for old workhorses like 
polyester and nylon. Just to note two current efforts, DuPont is 
undertaking leading-edge work in biotechnology, notably soy proteins, 
and in polymers, with an advanced technology now known as 
Sorona'.
  Among the many events in this anniversary year, in April, DuPont will 
be presented with the National Building Museum's 2002 Honor Award, and 
I am proud to serve on the Leadership Committee for that event. In 
announcing the award, the Building Museum folks noted, ``It is 
difficult to imagine many aspects of modern construction without DuPont 
products, which make buildings safer, more durable, and more 
efficient.''
  In addition to its industry leadership, the DuPont Company has set 
the standard, which has been followed by other leading businesses in 
our State, for outstanding corporate citizenship. The Company has long 
engaged in generous charitable giving and support of non-profit 
agencies, both near its corporate home in Delaware and in communities 
where it operates throughout the world, as well as supporting and 
encouraging volunteer work and community leadership by its employees. 
DuPont has made a particular and extensive investment in science 
education and research, from kindergarten classrooms to university 
laboratories.
  So this 200-year-old Company remains an innovator, an investor in 
sustainable and successful communities, and a charitable leader in 
Delaware, across the country and around the world. I have not always 
agreed with the Board Chairs and CEOs of the DuPont Company over the 
last 30 years, but I have always respected them, and deeply respected 
the place of honor that the DuPont Company has earned in Delaware and 
in the international business community.
  So on behalf of the DuPont Company's neighbors and fellow citizens in 
Delaware, I am proud to honor its 200th

[[Page 3814]]

anniversary, and to extend congratulations to the company's board, 
executive leaders and employees, along with our very best wishes for 
continued success in bringing ``The miracles of science''' 
to life in a way that serves us all.

                          ____________________




       JOHN E. ROBSON, PRESIDENT AND CHAIRMAN, EXPORT-IMPORT BANK

 Mr. SARBANES. Mr. President, I rise in tribute to John Robson, 
the President and Chairman of the Export-Import Bank of the United 
States, who passed away yesterday morning.
  John had a truly remarkable career in both the public and private 
sectors. Prior to becoming President and Chairman of the Export-Import 
Bank last year, he most recently had been a senior adviser with the San 
Francisco investment banking firm of Robertson Stephens. He served as 
Deputy Secretary of the Treasury under former President Bush from 1989-
1992, and was Dean of the Emory School of Business from 1986-88. From 
1978-85 he was President and Chief Executive Officer of the 
pharmaceutical company G.D. Searle. He served as Chairman of the U.S. 
Civil Aeronautics Board from 1975-77, and was Under Secretary of 
Transportation from 1967-69. He was a graduate of Yale College and 
Harvard Law School.
  I first worked with John during the crisis in the savings and loan 
industry in the 1980's. As Deputy Secretary of the Treasury, he served 
as the Administration's point person in dealing with one of the most 
serious financial crises since the Great Depression. During that 
experience, I came to know John as a very tough and determined leader 
who helped restore stability to an important segment of the U.S. 
financial system.
  Most recently, I worked closely with John in his role as President 
and Chairman of the Export-Import Bank. In my view, the Bank and the 
Administration were very fortunate to get an individual of John's 
experience and stature for that challenging job.
  The Export-Import Bank has a crucial role to play in helping U.S. 
exporters to compete in international markets against foreign companies 
who receive export subsidies from their governments. However, the 
Eximbank is often criticized from both the left and the right as 
providing unnecessary subsidies to U.S. exporters. In addition, the 
Eximbank also often receives internal challenges within the 
Administration from the Treasury Department and OMB, who try to assert 
control over the Bank. John was extraordinarily well suited to provide 
the leadership to defend the important role the Export-Import Bank 
plays in U.S. trade policy within the Administration, and to explain 
that role to the Congress and the public.
  I was privileged to work closely with John in crafting S. 1372, the 
Export-Import Bank Reauthorization Act, which was just passed by the 
Senate last week. I am hopeful that the Congress will soon complete 
action on that legislation and send it to the White House for the 
President's signature. It would be a fitting tribute to John's 
leadership of the Eximbank.
  I would like to extend my condolences of John's wife, Margaret, and 
his son, Douglas. Our country will miss John's outstanding leadership 
and dedicated service.

                          ____________________




    IN CELEBRATION OF DELANCEY STREET FOUNDATION'S 30TH ANNIVERSARY

 Mrs. BOXER. Mr. President, I would like to take this 
opportunity to share with the Senate my thoughts on the 30th 
Anniversary of the Delancey Street Foundation.
  It is my great pleasure to honor the extraordinary contributions of 
the Delancey Street Foundation. Thirty years ago, Delancey Street began 
offering outstanding self-help services to former felons, substance 
abusers and the homeless who wanted to build a new life. Today, 
Delancey Street is one of the most successful drug treatment programs 
in the Nation and has earned a reputation as an international model for 
rehabilitation. At no cost to the taxpayer or client, Delancey Street 
has offered thousands of residents the necessary academic, vocational 
and interpersonal skills to turn their lives around and become 
productive members of society. Recently, Delancey Street began a unique 
partnership with San Francisco State University to provide residents 
with college degrees. Delancey Street is a shining light for people who 
have nowhere else to turn.
  Delancey Street is all the more impressive because its training 
schools provide important skills to its residents while providing 
wonderful services to the community. It now operates five facilities 
throughout the country, including its headquarters in San Francisco. 
Delancey Street has many thriving enterprises such as a moving company, 
print and copy shop, Christmas tree lots, automotive services center 
and the renowned Delancey Street Restaurant, all run entirely by the 
residents.
  None of this would be possible without the amazing Mimi Silbert, 
President and Co-Founder of Delancey Street. Her dedication, foresight, 
business sense and compassion embody the spirit of Delancey Street. I 
send my warmest congratulations to Mimi and all of the staff, 
residents, volunteers and alumni on 30 years of success and my best 
wishes for even better decades ahead.

                          ____________________




                   HONORING MR. DAVID B. SANFORD, JR.

 Mr. ROCKEFELLER. Mr. President, it has come to my attention 
that a long distinguished career has come to an end and a new chapter 
is beginning for Mr. David B. Sanford, Jr. Mr. Sanford, a native of 
Huntington, WV has retired as Chief, Interagency and International 
Services Division, Directorate of Military Programs, Headquarters, 
United States Army Corps of Engineers.
  Mr. Sanford is a United States Army veteran with active duty service 
from 1966 to 1969. He joined the United States Army Corps of Engineers 
in 1971 working at its Huntington, WV District Office. A native of 
Huntington, he received his undergraduate degree from Concord College 
in Athens, WV and attended graduate school at Xavier University in 
Cincinnati, OH. Mr. Sanford's public service career has been filled 
with remarkable achievements. Previous to his most recent appointment, 
he was the Chief of the Civil Works Policy Division, Headquarters, 
United States Army Corps of Engineers. In 1992, he served as a Water 
Resources Advisor, through a Congressional Fellowship, to the 
distinguished Senator Daniel Patrick Moynihan from New York, then 
Chairman of Environment and Public Works Committee.
  Mr. Sanford has been the recipient of several public service awards. 
He has been honored by the United States Department of the Army for his 
significant contributions to national policy issues related to water 
resources and military infrastructure.
  Through the years, many members of Congress have relied on Mr. 
Sanford's insight and advice. He is trusted and respected throughout 
Washington and the Federal Government. Additionally, he has mentored 
many young people within the Corps of Engineers, encouraging them to 
serve their nation to the best of their ability.
  David Sanford, Jr. has dedicated nearly 34 years to the United States 
Army Corps of Engineers, serving with honor and distinction. The Corps 
public engineering services are renowned as world class. David, as a 
career member of the Corps elite force, has exhibited the kind of 
character and leadership that has been associated with the Corps. I am 
proud that a native West Virginia son has earned the rank of the Senior 
Executive Service. He has the gratitude of his fellow West Virginians 
and of our Nation for his years of exemplary service. I know my 
colleagues will join me in wishing him well in the years ahead.

                          ____________________




                   CONGRATULATIONS TO RUTH CLAPLANHOO

  Mrs. MURRAY. Mr. President, it is my pleasure to pay tribute 
to a distinguished elder of the Makah Indian

[[Page 3815]]

Tribe in Washington state, Ms. Ruth E. Claplanhoo, whose 100th birthday 
was March 15, 2002.
  Ms. Claplanhoo was born on March 15, 1902 in Neah Bay, Washington, 
where she still resides. Throughout her life, she has made many 
meaningful contributions to the Makah Tribe and to the community by 
selflessly serving others. Through her service, she has demonstrated 
her strong commitment to family, her cultural identity, and education.
  An experienced tribal elder, Ms. Claplanhoo has shared her knowledge 
of Makah culture with many other people. At an early age she learned 
the art of basket weaving, which she used to supplement her family's 
income during the Depression. Her basket weaving skills are so highly 
regarded that she once traveled to the Smithsonian Institute in 
Washington, D.C. to demonstrate her gift. Ms. Claplanhoo is also fluent 
in the Makah language. During the 1960s she taught the language to 
students at the Neah Bay School. Many of these students still continue 
the tradition of the Makah language passed on to them by Ms. 
Claplanhoo.
  In addition to teaching, Ms. Claplanhoo worked continuously in other 
ways to help young people succeed and prosper. While raising her own 
family, Ms. Claplanhoo also raised many foster children, whom she still 
cherishes as her own.
  As the last of the elders who can remember taking a dugout canoe to 
the harvest fields, Ms. Claplanhoo continues to preserve the Makah 
culture by sharing her knowledge of tribal history and language with 
the Makah Museum.
  It is with tremendous respect and appreciation that I send Ruth 
Claplanhoo my best wishes and congratulations for a century of service 
to her family, community and country.

                          ____________________




   THE CUSTER WILDCATS ARE THE 2002 SOUTH DAKOTA STATE MEN'S ``AA'' 
                          BASKETBALL CHAMPIONS

 Mr. JOHNSON. Mr. President, I rise today to recognize and 
congratulate the Custer Wildcats. The Wildcats under veteran coach 
Larry Luitjens, won the South Dakota Class ``A'' Basketball Tournament 
March 16 in Sioux Falls, SD.
  This is the fifth title in a dozen years for the Wildcats and Coach 
Luitjens. Custer defeated Pine Ridge and Crow Creek to advance to the 
championship game against long-time State tournament rival Lennox. The 
Wildcats rallied to win the contest 55-50. Custer had defeated Lennox 
to claim State titles in 1992, 1993 and 1998. Lennox defeated Custer 
for the 1991 title. This is the first State title won by Custer since 
the 1998 championship, when Derek Paulsen hit a game-winning basket. 
Just over a year later, Derek was tragically killed in an automobile 
accident.
  This year's team included the athletic talents of Derek's brother, 
Paige, and their father Fred is a long-time Assistant Coach to 
Luitjens. ``It was just four years ago that we were here on this same 
floor and Derek made the last shot that won the game for us,'' Coach 
Luitjens told the Rapid City Journal after this year's title victory. 
``You can't help but think about him.'' Guided by the spirit and memory 
of Derek Paulsen, the team won 20 of their last 21 games. Another 
special highlight this season came when Coach Luitjens became the 
winningest coach in South Dakota basketball history.
  Luitjens' 35-year coaching career includes stints with DeSmet, SD, 
and New England, ND, and the long-time coach now has a record of 590-
224. Larry's teams from 1989 to 1991 put together a string of 49 
consecutive victories, South Dakota's longest winning streak among 
State ``A'' teams. Larry is known for his coaching expertise and the 
quality of teams he puts on the basketball court each year. He is also 
well-respected for the sportsmanship he instills in his players and the 
students he mentors each year and the relationships he fosters between 
his team and other teams in South Dakota, especially teams on South 
Dakota's Indian reservations.
  I want to applaud and commend the community of Custer for their 
ongoing support of young people. This title reflects that community 
support. I want to acknowledge Superintendent Tim Creal and Athletic 
Director Paul Anderson and recognize the dedicated efforts of Head 
Coach and Principal Larry Luitjens and Assistant Coaches Fred Paulsen, 
Chris Kolker and Neil Sieger. I congratulate the success and hard work 
of players Brady Sumners, Travis Meyers, Ben Mueller, Cash Melvin, 
Paige Paulsen, Michael Burke, Matt Lyndoe, Danny Fool Bull, Michael 
Arnold and Tyler Custis. Travis Meyer and Tyler Custis were named to 
the all-tournament team. In addition, I want to recognize the work of 
team managers Lacey Stender, Cassie Borg, Candi Cullum, Pete Linde, 
Ryan Scheibe, Spencer Paulsen and Caleb Woods and the special support 
provided by cheerleaders Amanda Halderman, Ashley Ziemann, Elizabeth 
Plooster and Shay Larson, under the guidance of advisor Cherri Block.
  Again, congratulations to the Custer Wildcats on winning this year's 
State ``A'' basketball championship for the State of South 
Dakota.

                          ____________________




                      MESSAGES FROM THE PRESIDENT

  Messages from the President of the United States were communicated to 
the Senate by Ms. Evans, one of his secretaries.

                          ____________________




                      EXECUTIVE MESSAGES REFERRED

  As in executive session the Presiding Officer laid before the Senate 
messages from the President of the United States submitting sundry 
nominations which were referred to the appropriate committees.
  (The nominations received today are printed at the end of the Senate 
proceedings.)

                          ____________________




                         MESSAGE FROM THE HOUSE

  At 9:48 a.m., a message from the House of Representatives, delivered 
by Ms. Niland, one of its reading clerks, announced that the House has 
agreed to the following concurrent resolutions, in which it requests 
the concurrence of the Senate:

       H. Con. Res. 360. Concurrent resolution providing for a 
     conditional adjournment of the House of Representatives and a 
     conditional recess or adjournment of the Senate.
       H. Con. Res. 353. Concurrent resolution establishing the 
     congressional budget for the United States Government for 
     fiscal year 2003 and setting forth appropriate budgetary 
     levels for each of fiscal years 2004 through 2007.
       H. Con. Res. 361. Concurrent resolution directing the Clerk 
     of the House Representatives to make corrections in the 
     enrollment of the bill H.R. 2356.
                                  ____

  At 10:23 a.m., a message from the House of Representatives, delivered 
by Ms. Niland, one of its reading clerks, announced that the House has 
passed the following bill, in which it requests the concurrence of the 
Senate:

       H.R. 3924. An act to authorize telecommuting for Federal 
     contractors.

  The message also announced that pursuant to section 2(b) of the 
National Museum of African American History and Culture Plan for Action 
Presidential Commission Act of 2001 (Public Law 107-106), the Speaker 
appoints the following members on the part of the House of 
Representatives to the National Museum of African American History and 
Culture Plan for Action Presidential Commission:
  As voting members: Ms. Vicky A. Bailey of Washington, D.C., Mr. Earl 
G. Graves, Sr. of New York, New York, Mr. Michael L. Lomax of New 
Orleans, Louisiana, Mr. Robert L. Wright of Alexandria, Virginia, Mr. 
Lerone Bennett, Jr. of Clarksdale, Mississippi, and Ms. Claudine K. 
Brown of Brooklyn, New York.
  As nonvoting members: Mr. J.C. Watts, Jr. of Norman, Oklahoma and Mr. 
John Lewis of Atlanta, Georgia.

                          ____________________




                          ENROLLED BILLS SIGNED

  The following enrolled bills, previously signed by the Speaker of the 
House, were signed on today, March 21, 2002, by President pro tempore 
(Mr. Byrd):

       H.R. 2739. An act to amend Public Law 107-10 to authorize a 
     United States plan to endorse and obtain observer status for 
     Taiwan

[[Page 3816]]

     at the annual summit of the World Health Assembly in May 2002 
     in Geneva, Switzerland, and for other purposes.
       H.R. 1499. An act to amend the District of Columbia College 
     Access Act of 1999 to permit individuals who enroll in an 
     institution of higher education more than 3 years after 
     graduating from a secondary school and individuals who attend 
     private historically black colleges and universities 
     nationwide to participate in the tuition assistance programs 
     under such Act, and for other purposes.
       S. 2019. An act to extend the authority of the Export-
     Import Bank until April 30, 2002.

                          ____________________




                           MEASURES REFERRED

  The following bill was read the first and the second times by 
unanimous consent, and referred as indicated:

       H.R. 3924. An act to authorize telecommuting for Federal 
     contractors; to the Committee on Governmental Affairs.

  The following concurrent resolution was read, and referred as 
indicated:

       H. Con. Res. 353. Concurrent resolution establishing the 
     congressional budget for the United States Government for 
     fiscal year 2003 and setting forth appropriate budgetary 
     levels for each of fiscal years 2004 through 2007; to the 
     Committee on the Budget.

                          ____________________




                    MEASURES PLACED ON THE CALENDAR

  The following bill was read the second time, and placed on the 
calendar:

       H.R. 2804. An act to designate the United States courthouse 
     located at 95 Seventh Street in San Francisco, California, as 
     the ``James R. Browning United States Courthouse.''

                          ____________________




                         REPORTS OF COMMITTEES

  The following reports of committees were submitted:

       By Mr. LIEBERMAN, from the Committee on Governmental 
     Affairs, without amendment:
       H.R. 1748: A bill to designate the facility of the United 
     States Postal Service located at 805 Glen Burnie Road in 
     Richmond, Virginia, as the ``Tom Bliley Post Office 
     Building.''
       H.R. 1749: A bill to designate the facility of the United 
     States Postal Service located at 685 Turnberry Road in 
     Newport News, Virginia, as the ``Herbert H. Bateman Post 
     Office Building.''
       H.R. 2577: A bill to designate the facility of the United 
     States Postal Service located at 310 South State Street in 
     St. Ignace, Michigan, as the ``Bob Davis Post Office 
     Building.''
       H.R. 2876: A bill to designate the facility of the United 
     States Postal Service located in Harlem, Montana, as the 
     ``Francis Bardanouve United States Post Office Building.''
       H.R. 2910: A bill to designate the facility of the United 
     States Postal Service located at 3131 South Crater Road in 
     Petersburg, Virginia, as the ``Norman Sisisky Post Office 
     Building.''
       H.R. 3072: A bill to designate the facility of the United 
     States Postal Service located at 125 Main Street in Forest 
     City, North Carolina, as the ``Vernon Tarlton Post Office 
     Building.''
       H.R. 3379: A bill to designate the facility of the United 
     States Postal Service located at 375 Carlls Path in Deer 
     Park, New York, as the ``Raymond M. Downey Post Office 
     Building.''
       By Mr. LIEBERMAN, from the Committee on Governmental 
     Affairs, without amendment and with a preamble:
       H. Con. Res. 339: A concurrent resolution expressing the 
     sense of the Congress regarding the Bureau of the Census on 
     the 100th anniversary of its establishment.
       By Mr. LIEBERMAN, from the Committee on Governmental 
     Affairs, without amendment:
       S. 1222: A bill to redesignate the facility of the United 
     States Postal Service located at 89 River Street in Hoboken, 
     New Jersey, as the ``Frank Sinatra Post Office Building.''

                          ____________________




                    EXECUTIVE REPORTS OF COMMITTEES

  The following executive reports of committees were submitted:

       By Mr. HOLLINGS for the Committee on Commerce, Science, and 
     Transportation.
       Robert Watson Cobb, of Maryland, to be Inspector General, 
     National Aeronautics and Space Administration.
       *James R. Mahoney, of Virginia, to be Assistant Secretary 
     of Commerce for Oceans and Atmosphere.
       *Coast Guard nomination of Rear Adm. (lh) Mary P. 
     O'Donnell.
       *Coast Guard nomination of Vice Adm. Thomas H. Collins.

  Mr. HOLLINGS. Mr. President, for the Committee on Commerce, Science, 
and Transportation I report favorably the following nomination lists 
which were printed in the Record on the dates indicated, and ask 
unanimous consent, to save the expense of reprinting on the Executive 
Calendar that these nominations lie at the Secretary's desk for the 
information of Senators.
  The PRESIDING OFFICER. Without objection, it is so ordered.

       Coast Guard nominations beginning Donald E. Bunn and ending 
     Dale M. Rausch, which nominations were received by the Senate 
     and appeared in the Congressional Record on January 23, 2002.
       Coast Guard nominations beginning David W. Lunt and ending 
     Mary A. Wysock, which nominations were received by the Senate 
     and appeared in the Congressional Record on January 28, 2002.
       Coast Guard nominations beginning David M. Butler and 
     ending John S. Leyerle, which nominations were received by 
     the Senate and appeared in the Congressional Record on 
     February 15, 2002.
       Coast Guard nominations beginning Rebecca L. Albert and 
     ending Allison L. Zumwalt, which nominations were received by 
     the Senate and appeared in the Congressional Record on 
     February 15, 2002.
       By Mr. ROCKEFELLER for the Committee on Veterans' Affairs.
       *Daniel L. Cooper, of Pennsylvania, to be Under Secretary 
     for Benefits of the Department of Veterans Affairs for a term 
     of four years.
       *Robert H. Roswell, of Florida, to be Under Secretary of 
     Health of the Department of Veterans Affairs for a term of 
     four years.

  *Nomination was reported with recommendation that it be confirmed 
subject to the nominee's commitment to respond to requests to appear 
and testify before any duly constituted committee of the Senate.
  (Nominations without an asterisk were reported with the 
recommendation that they be confirmed.)

                          ____________________




              INTRODUCTION OF BILLS AND JOINT RESOLUTIONS

  The following bills and joint resolutions were introduced, read the 
first and second times by unanimous consent, and referred as indicated:

           By Mr. ROBERTS (for himself, Mr. Craig, and Mr. Burns):
       S. 2040. A bill to provide emergency agricultural 
     assistance to producers of the 2002 crop; to the Committee on 
     Agriculture, Nutrition, and Forestry.
           By Mr. BAUCUS:
       S. 2041. A bill to amend the Harmonized Tariff Schedule of 
     the United States relating to certain footware; to the 
     Committee on Finance.
           By Ms. COLLINS (for herself and Ms. Landrieu):
       S. 2042. A bill to expand access to affordable health care 
     and to strengthen the health care safety net and make health 
     care services more available in rural and underserved areas; 
     to the Committee on Finance.
           By Mr. ROCKEFELLER:
       S. 2043. A bill to amend title 38, United States Code, to 
     extend by five years the period for the provision by the 
     Secretary of Veterans Affairs of noninstitutional extended 
     care services and required nursing home care, and for other 
     purposes; to the Committee on Veterans' Affairs.
           By Mr. ROCKEFELLER:
       S. 2044. A bill to provide for further improvement of the 
     program to expand and improve the provision of specialized 
     mental health services to veterans; to the Committee on 
     Veterans' Affairs.
           By Mrs. BOXER (for herself and Mr. Smith of Oregon):
       S. 2045. A bill to amend the Foreign Assistance Act of 1961 
     to take steps to control the growing international problem of 
     tuberculosis; to the Committee on Foreign Relations.
           By Mr. CRAIG:
       S. 2046. A bill to amend the Public Health Service Act to 
     authorize loan guarantees for rural health facilities to buy 
     new and repair existing infrastructure and technology; to the 
     Committee on Health, Education, Labor, and Pensions.
           By Mr. BREAUX (for himself and Mr. Bond):
       S. 2047. A bill to amend the Internal Revenue Code of 1986 
     to allow distilled spirits wholesalers a credit against 
     income tax for their cost of carrying Federal excise taxes 
     prior to the sale of the product bearing the tax; to the 
     Committee on Finance.
           By Mr. HOLLINGS (for himself, Mr. Stevens, Mr. Inouye, 
             Mr. Breaux, Mr. Nelson of Florida, and Mrs. 
             Feinstein):
       S. 2048. A bill to regulate interstate commerce in certain 
     devices by providing for private sector development of 
     technological protection measures to be implemented and 
     enforced by Federal regulations to protect digital content 
     and promote broadband as well as the transition to digital 
     television, and for other purposes; to the Committee on 
     Commerce, Science, and Transportation.
           By Mr. DeWINE (for himself, Mrs. Clinton, and Mr. 
             Dodd):

[[Page 3817]]

       S. 2049. A bill to amend the Federal Food, Drug and 
     Cosmetic Act to include a 12 month notification period before 
     discontinuing a biological product, and for other purposes; 
     to the Committee on Health, Education, Labor, and Pensions.
           By Mr. WELLSTONE (for himself and Mr. Dayton):
       S. 2050. A bill to amend the Internal Revenue Code of 1986 
     to treat nominally foreign corporations created through 
     inversion transactions as domestic corporations; to the 
     Committee on Finance.
           By Mr. REID (for himself, Mr. Hutchinson, Mr. Warner, 
             Mr. Levin, Mr. Daschle, Mr. Lott, Mr. Kennedy, Mr. 
             Thurmond, Mr. Lieberman, Mr. McCain, Mr. Cleland, Mr. 
             Smith of New Hampshire, Ms. Landrieu, Mr. Inhofe, Mr. 
             Reed, Mr. Santorum, Mr. Akaka, Mr. Roberts, Mr. 
             Nelson of Florida, Mr. Allard, Mr. Nelson of 
             Nebraska, Mr. Sessions, Mrs. Carnahan, Ms. Collins, 
             Mr. Dayton, Mr. Bunning, and Mr. Bingaman):
       S. 2051. A bill to remove a condition preventing authority 
     for concurrent receipt of military retired pay and veterans' 
     disability compensation from taking effect, and for other 
     purposes; to the Committee on Armed Services.
           By Mr. ROCKEFELLER:
       S. 2052. A bill to amend part A of title IV of the Social 
     Security Act to reauthorize and improve the temporary 
     assistance to needy families program, and for other purposes; 
     to the Committee on Finance.
           By Mr. FRIST:
       S. 2053. A bill to amend the Public Health Service Act to 
     improve immunization rates by increasing the distribution of 
     vaccines and improving and clarifying the vaccine injury 
     compensation program, and for other purposes; to the 
     Committee on Health, Education, Labor, and Pensions.
           By Mrs. CLINTON (for herself, Mr. Reid, and Mr. 
             Kennedy):
       S. 2054. A bill to amend the Public Health Service Act to 
     establish a Nationwide Health Tracking Network, and for other 
     purposes ; to the Committee on Health, Education, Labor, and 
     Pensions.
           By Ms. CANTWELL:
       S. 2055. A bill to make grants to train sexual assault 
     nurse examiners, law enforcement personnel, and first 
     responders in the handling of sexual assault cases, to 
     establish minimum standards for forensic evidence collection 
     kits, to carry out DNA analyses of samples from crime scenes, 
     and for other purposes; to the Committee on the Judiciary.
           By Mr. NELSON of Florida (for himself and Mrs. 
             Carnahan):
       S. 2056. A bill to ensure the independence of accounting 
     firms that provide auditing services to publicly traded 
     companies and of executives, audit committees, and financial 
     compensation committees of such companies, and for other 
     purposes; to the Committee on Banking, Housing, and Urban 
     Affairs.
           By Mrs. LINCOLN (for herself, Mr. Reid, Mr. Bingaman, 
             Mrs. Murray, Ms. Landrieu, Ms. Mikulski, Mr. Graham, 
             Ms. Snowe, Mr. Corzine, and Mrs. Carnahan):
       S. 2057. A bill to amend title XVIII of the Social Security 
     Act to permit expansion of medical residency training 
     programs in geriatric medicine and to provide for 
     reimbursement of care coordination and assessment services 
     provided under the medicare program; to the Committee on 
     Finance.
           By Mrs. LINCOLN (for herself, Mr. Breaux, and Mr. 
             Rockefeller):
       S. 2058. A bill to replace the caseload reduction credit 
     with an employment credit under the program of block grants 
     to States for temporary assistance for needy families, and 
     for other purposes; to the Committee on Finance.
           By Ms. MIKULSKI (for herself, Mr. Kennedy, Mr. 
             Hutchinson, and Mr. Dodd):
       S. 2059. A bill to amend the Pubic Health Service Act to 
     provide for Alzheimer's disease research and demonstration 
     grants; to the Committee on Health, Education, Labor, and 
     Pensions.
           By Mr. NELSON of Florida (for himself and Mr. Graham):
       S. 2060. A bill to name the Department of Veterans Affairs 
     Regional Office in St. Petersburg, Florida, after Franklin D. 
     Miller; to the Committee on Veterans' Affairs.
           By Mr. BOND:
       S. 2061. A bill to establish a national response to 
     terrorism, a national urban search and rescue task force 
     program to ensure local capability to respond to the threat 
     and aftermath of terrorist activities and other emergencies, 
     and for other purposes; to the Committee on Environment and 
     Public Works.
           By Mr. DURBIN:
       S. 2062. A bill to provide fast-track trade negotiating 
     authority to the President; to the Committee on Finance.
           By Mrs. LINCOLN:
       S. 2063. A bill to authorize the Secretary of Agriculture 
     to sell or exchange all or part of certain administrative 
     sites and other land in the Ozark-St. Francis and Ouachita 
     National Forests and to use funds derived from the sale or 
     exchange to acquire, construct, or improve administrative 
     sites; to the Committee on Agriculture, Nutrition, and 
     Forestry.
           By Mr. McCAIN (for himself, Mr. Smith of New Hampshire, 
             Mr. Jeffords, and Mr. Inouye):
       S. 2064. A bill to reauthorize the United States Institute 
     for Environmental Conflict Resolution, and for other 
     purposes; to the Committee on Environment and Public Works.
           By Mr. CAMPBELL (for himself and Mr. Allard):
       S. 2065. A bill to provide for the implementation of air 
     quality programs developed pursuant to an Intergovernmental 
     Agreement between the Southern Ute Indian Tribes and the 
     State of Colorado concerning Air Quality Control on the 
     Southern Ute Indian Reservation, and for other purposes; to 
     the Committee on Environment and Public Works.

                          ____________________




            SUBMISSION OF CONCURRENT AND SENATE RESOLUTIONS

  The following concurrent resolutions and Senate resolutions were 
read, and referred (or acted upon), as indicated:

           By Mr. CORZINE (for himself and Mr. Lieberman):
       S. Res. 230. A resolution expressing the sense of the 
     Senate that Congress should reject reductions in guaranteed 
     Social Security benefits proposed by the President's 
     Commission to Strengthen Social Security; to the Committee on 
     Finance.
           By Mr. DASCHLE (for himself, Mr. Lott, Mr. Cleland, and 
             Mr. Miller):
       S. Res. 231. A resolution relative to the death of the 
     Honorable Herman E. Talmadge, formerly a Senator from the 
     State of Georgia; considered and agreed to.

                          ____________________




                         ADDITIONAL COSPONSORS


                                 S. 170

  At the request of Mr. Reid, the name of the Senator from Alaska (Mr. 
Murkowski) was added as a cosponsor of S. 170, a bill to amend title 
10, United States Code, to permit retired members of the Armed Forces 
who have a service-connected disability to receive both military 
retired pay by reason of their years of military service and disability 
compensation from the Department of Veterans Affairs for their 
disability.


                                 S. 259

  At the request of Mr. Bingaman, the name of the Senator from 
Washington (Ms. Cantwell) was added as a cosponsor of S. 259, a bill to 
authorize funding the Department of Energy to enhance its mission areas 
through Technology Transfer and Partnerships for fiscal years 2002 
through 2006, and for other purposes.


                                 S. 540

  At the request of Mr. DeWine, the names of the Senator from Arkansas 
(Mrs. Lincoln) and the Senator from Idaho (Mr. Crapo) were added as 
cosponsors of S. 540, a bill to amend the Internal Revenue Code of 1986 
to allow as a deduction in determining adjusted gross income the 
deduction for expenses in connection with services as a member of a 
reserve component of the Armed Forces of the United States, to allow 
employers a credit against income tax with respect to employees who 
participate in the military reserve components, and to allow a 
comparable credit for participating reserve component self-employed 
individuals, and for other purposes.


                                 S. 677

  At the request of Mr. Hatch, the names of the Senator from New Mexico 
(Mr. Domenici) and the Senator from Connecticut (Mr. Dodd) were added 
as cosponsors of S. 677, a bill to amend the Internal Revenue Code of 
1986 to repeal the required use of certain principal repayments on 
mortgage subsidy bond financing to redeem bonds, to modify the purchase 
price limitation under mortgage subsidy bond rules based on median 
family income, and for other purposes.


                                 S. 891

  At the request of Mr. Dodd, the name of the Senator from Michigan 
(Ms. Stabenow) was added as a cosponsor of S. 891, a bill to amend the 
Truth in Lending Act with respect to extensions of credit to consumers 
under the age of 21.


                                 S. 948

  At the request of Mr. Lott, the name of the Senator from Missouri 
(Mr. Bond) was added as a cosponsor of S. 948, a bill to amend title 
23, United States Code, to require the Secretary of Transportation to 
carry out a grant program for providing financial assistance for local 
rail line relocation projects, and for other purposes.

[[Page 3818]]

                                S. 1492

  At the request of Mr. Gramm, the name of the Senator from Idaho (Mr. 
Crapo) was added as a cosponsor of S. 1492, a bill to amend the 
Internal Revenue Code of 1986 to repeal the tax relief sunset and to 
reduce the maximum capital gains rates for individual taxpayers, and 
for other purposes.


                                S. 1549

  At the request of Mr. Lieberman, the name of the Senator from New 
Mexico (Mr. Bingaman) was added as a cosponsor of S. 1549, a bill to 
provide for increasing the technically trained workforce in the United 
States.


                                S. 1644

  At the request of Mr. Campbell, the name of the Senator from Utah 
(Mr. Bennett) was added as a cosponsor of S. 1644, a bill to further 
the protection and recognition of veterans' memorials, and for other 
purposes.


                                S. 1655

  At the request of Mr. Biden, the name of the Senator from Michigan 
(Mr. Levin) was added as a cosponsor of S. 1655, a bill to amend title 
18, United States Code, to prohibit certain interstate conduct relating 
to exotic animals.


                                S. 1707

  At the request of Mr. Jeffords, the name of the Senator from Idaho 
(Mr. Craig) was added as a cosponsor of S. 1707, a bill to amend title 
XVIII of the Social Security Act to specify the update for payments 
under the medicare physician fee schedule for 2002 and to direct the 
Medicare Payment Advisory Commission to conduct a study on replacing 
the use of the sustainable growth rate as a factor in determining such 
update in subsequent years.


                                S. 1708

  At the request of Mr. McConnell, the name of the Senator from Georgia 
(Mr. Miller) was added as a cosponsor of S. 1708, a bill to amend the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act to 
ensure the continuity of medical care following a major disaster by 
making private for-profit medical facilities eligible for Federal 
disaster assistance.


                                S. 1915

  At the request of Mrs. Lincoln, the name of the Senator from North 
Dakota (Mr. Dorgan) was added as a cosponsor of S. 1915, a bill to 
amend the Internal Revenue Code of 1986 to treat natural gas 
distribution lines as 10-year property for depreciation purposes.


                                S. 2009

  At the request of Mr. Durbin, the name of the Senator from North 
Carolina (Mr. Edwards) was added as a cosponsor of S. 2009, a bill to 
amend the Public Health Service Act to provide services for the 
prevention of family violence.


                                S. 2039

  At the request of Mr. Durbin, the names of the Senator from Missouri 
(Mrs. Carnahan), the Senator from North Dakota (Mr. Dorgan), the 
Senator from South Dakota (Mr. Johnson), and the Senator from Nevada 
(Mr. Reid) were added as cosponsors of S. 2039, a bill to expand 
aviation capacity in the Chicago area.


                              S. RES. 132

  At the request of Mr. Campbell, the name of the Senator from 
Pennsylvania (Mr. Specter) was added as a cosponsor of S. Res. 132, a 
resolution recognizing the social problem of child abuse and neglect, 
and supporting efforts to enhance public awareness of it.

                          ____________________




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. ROBERTS (for himself, Mr. Craig, and Mr. Burns):
  S. 2040. A bill to provide emergency agricultural assistance to 
producers of the 2002 crop; to the Committee on Agriculture, Nutrition, 
and Forestry.
  Mr. ROBERTS. Mr. President, I rise today to introduce an agricultural 
supplemental assistance package for the 2002 crops. I had hoped we 
would not be in this position today. Unfortunately, due to delays in 
completing the farm bill conference report prior to the Easter recess, 
I believe it is necessary to introduce this legislation.
  I want to make it very clear that in introducing this legislation, it 
does not mean the farm bill is dead. It may need CPR, but it certainly 
is not dead. Quite the contrary. The staff of conferees have been 
instructed by the distinguished leadership of both parties of the House 
and Senate to continue to work over the recess period in the hope that 
a bill can be completed shortly after the Easter recess. Having been 
involved in numerous farm bills, I know these conferences can often 
become quite contentious and bogged down.
  Furthermore, it is not going to be easy to implement this bill, not 
to mention the wisdom of simply trying to push through a bill so we can 
just say it applies to 2002 crops. That may be easy to do this year, 
but it may be difficult to live under the problems we could create for 
the next 5 or 6 years.
  Has anyone really stopped to consider this?
  In addition, we already have many farmers in the South who have begun 
their spring planting, and producers all throughout the Nation will 
begin to pull their drills through the fields in the coming weeks. Many 
of these producers and their bankers are desperately trying to run 
cashflow charts and figure out exactly what they will be dealing with 
for this current crop as they work to determine their operating loans. 
They are scratching their heads.
  The biggest uncertainty they face is the level and form of 
agricultural assistance for this crop-year. Will it be through a new 
farm bill, if we can get through a new farm bill--and I certainly hope 
we can and people are working in good faith to get that accomplished--
but will it be through a new farm bill in place for the 2002 crops, or 
will it be through a supplemental assistance package for 2002 while the 
new bill would go into effect for the 2003 crops?
  My point in introducing this legislation is to send a clear message 
to producers and their bankers, and that message is this: We are going 
to do everything in our power in Congress to get a farm bill completed 
and out the door, but we should also make sure it is a good bill, and 
doing a good bill does take time. If additional time is needed to 
complete the bill past the time when it can apply to this year's crops, 
we are then ready to come in with a supplemental assistance package.
  This is an important line in the sand that our producers and our 
lenders can use to gauge cashflow projections as they work on operating 
loans for this crop-year. It is an important and necessary signal as we 
move toward a planting season that will soon be in full swing in many 
parts of the country.
  Unlike the 1,400-page farm bill we passed in the Senate, there are no 
surprises in this supplemental legislation. The bill is very similar to 
the assistance packages we have provided to our producers in recent 
years, and it adheres to the budget allocations that were provided for 
agriculture in last year's budget resolution.
  I have a list of levels of assistance that will be provided to 
farmers and ranchers. The levels of assistance are as follows:
  $5.047 billion for a Market Loss Assistance, MLA, payment equal to 
the 2000 AMTA payment received by our producers. On a crop-by-crop 
basis, this is: wheat, 58.8 cents a bushel; corn, 33.4 cents a bushel; 
sorghum, 40 cents a bushel; barley, 25.1 cents a bushel; cotton, 7.33 
cents a pound; rice, $2.60 per cwt; oats, 2.8 cents a bushel.
  All of these figures are above the level of MLAs we provided last 
year.
  The bill also includes: $466 million for oilseed payments; $55.21 
million for payments to peanut producers; $93 million for recourse 
loans to honey producers; $186 million for specialty crop commodity 
purchases, with at least $55 million used for school lunch program 
purchases; $16.94 million for payments to wool and mohair producers; 
$93 million for cottonseed assistance; LDP eligibility for crops 
produced on non-AMTA acreage; LDP graze-out for wheat, barley, and oats 
for the 2002 crop; extension of the dairy price support program through 
December 31, 2002; $20 million for payment to producers of pulse crops; 
$100 million for tobacco assistance; $44 million for Conservation 
Reserve Program Technical Assistance; $200 million for the Wetlands 
Reserve Program; $300 million in

[[Page 3819]]

additional funds for the Environmental Quality Incentives Program, 
EQIP; $161 million for the Farmland Protection Program; and $500 
million for the livestock feed assistance program, LAP, to provide 
assistance to producers for losses suffered in 2001 and 2002.
  I will be happy to talk this proposal over with my colleagues, and I 
seek bipartisan cosponsors in this effort. These market loss assistance 
levels are above the levels provided to program crops last year and 
they are similar to the AMTA payment levels we provided in 2000.
  In closing, while this package does not represent a new farm bill, it 
does send a strong signal to producers and their bankers that even if a 
farm bill cannot be completed in time to apply to the 2002 year crop, 
we do intend to hold them whole or have a hold harmless bill at a level 
of Market Loss Assistance that is somewhat higher than occurred last 
year.
  Many of us are hearing from producers and lenders for guidance on 
what to plan for in terms of assistance this year. This bill makes 
clear we stand ready to again support our producers if we cannot 
complete the new bill in time for 2002 crops, which I hope we can do. I 
urge support for this legislation.
                                 ______
                                 
      By Ms. COLLINS (for herself and Ms. Landrieu):
  S. 2042. A bill to expand access to affordable health care and to 
strengthen the health care safety net and make health care services 
more available in rural and underserved areas; to the Committee on 
Finance.
  Ms. COLLINS. Mr. President, I am pleased to join with my good friend 
and colleague, the Senator from Louisiana, Mary Landrieu, in 
introducing the Access to Affordable Health Care Act. This is a 
comprehensive seven-point plan that builds on the strengths of our 
current programs, both public and private, to make quality affordable 
health care available to millions more Americans.
  One of my top priorities in the Senate has been to expand access to 
affordable health care to all Americans. There are still far too many 
people in our country without health insurance or with woefully 
inadequate coverage. An estimated 39 million Americans do not have 
health care insurance, including more than 150,000 in my home State of 
Maine.
  The fact is, health insurance matters. The simple fact is that people 
with health insurance are healthier than those who lack coverage. 
People without health insurance are less likely to seek care when they 
need it and tend to forgo services such as periodic checkups and 
preventative services. As a consequence, they are far more likely to be 
hospitalized or to require costly medical attention for conditions that 
could have been prevented or cured if caught at an early stage.
  Not only does this put the health of these individuals at greater 
risk, but it also puts additional pressure on our already financially 
challenged hospitals and emergency rooms. Compared with people who have 
health insurance coverage, uninsured adults are four times and 
uninsured children five times more likely to use a hospital emergency 
room. The costs of care for these individuals are often absorbed by 
providers and then passed on to covered individuals through increased 
fees and higher insurance premiums.
  Maine is in the midst of a growing health insurance crisis. Insurance 
premiums are rising at alarming rates. Whether I am talking to a self-
employed fisherman or the owner of a struggling small business or the 
human resources manager of a large corporation, the cost of health 
insurance is a common concern.
  In 1999, the average family premium for employer-based coverage in 
Maine was more than $6,000, the 14th highest in the Nation at that 
time. Since then, Maine employers have faced premium increases of as 
much as 40 percent a year. In fact, my own brother called me recently 
to tell me that his small business is faced with a 40-percent increase 
in health insurance premiums on top of a 30-percent increase the year 
before.
  These premium increases are particularly burdensome for smaller 
businesses, the backbone of Maine's economy. Many small business owners 
are caught in a real squeeze. They know if they pass on the premium 
increase to their employees, then more and more employees will be 
forced to decline coverage and, thus, will be completely uninsured, and 
yet these small employers simply cannot continue to absorb premium 
increases of 20 to 30 to 40 percent year after year.
  The problem of rising costs is even more acute for individuals and 
families who must purchase health insurance on their own. Anthem Blue 
Cross/Blue Shield, the single remaining carrier in Maine's nongroup 
market, has increased its rates by 40 percent over the past 2 years. 
Monthly insurance premiums often exceed the family's monthly mortgage 
payments. It is no wonder that more than 150,000 Mainers are now 
uninsured. Clearly, we simply must do more to make health insurance 
more affordable and more available.
  The Access to Affordable Health Care Act, which Senator Landrieu and 
I are introducing today, is a 7-point plan that combines a variety of 
public and private approaches to make quality health care coverage more 
affordable.
  The legislation's seven goals are: One, to expand access to 
affordable health care for small businesses; two, to make health 
insurance more affordable for individuals and families purchasing 
coverage on their own; three, to strengthen the health care safety net 
for those who lack coverage; four, to expand access to care in rural 
and underserved areas; five, to increase access to affordable long-term 
care; six, to promote healthier lifestyles, and seven, to provide more 
equitable Medicare payments to Maine providers to reduce the Medicare 
shortfall.
  This shortfall, this lack of fair reimbursement for Medicare 
services, has forced hospitals, physicians, and other providers to 
shift costs on to other payers in the form of higher charges. That 
drives up the cost of health insurance, and it is one of the reasons 
that Maine's rates are higher than the insurance rates in most other 
States.
  I will discuss each of these seven points in more detail. First, 
expanding access for small businesses, this legislation builds upon a 
bill I introduced with Senator Landrieu last year to help small 
employers cope with rising health care costs. Since most Americans get 
their health insurance through their employers, it is a common 
assumption that people without health insurance are unemployed, but 
that is not accurate. The fact is most uninsured Americans are members 
of families with at least one full-time worker.
  As many as 82 percent of Americans without health insurance are in a 
family with a full-time worker. Uninsured working Americans are most 
often the employees of small businesses. In fact, some 60 percent of 
uninsured workers are employed by small firms. Smaller firms generally 
face higher costs for health insurance than larger companies, which 
makes them less likely to offer coverage.
  I know from my conversations with small businesses all over Maine 
that they want to offer health insurance as a benefit for their 
employees. They know it would help them to attract and retain good 
workers. The only reason these small businesses are not offering health 
insurance is a simple one: They simply cannot afford the premium costs.
  The legislation we are introducing today will help small businesses 
cope with rising costs by providing new tax credits for them to make 
health insurance more affordable. It will encourage those small 
businesses who are now offering health insurance to continue to do so 
in the face of escalating premiums. It will encourage them to make the 
decision not to drop coverage, and it will prompt small employers who 
want to provide this coverage but have found it financially out of 
reach, to now offer this important benefit.
  The legislation will also help to increase the clout of small 
businesses in negotiating with insurers. Premiums are generally higher 
for smaller businesses because they do not have as

[[Page 3820]]

much purchasing power as large companies. This limits their ability to 
bargain for lower rates. They also tend to have higher administrative 
costs than larger companies because they have fewer employees among 
whom to spread the fixed costs of a health insurance plan.
  Moreover, they are not able to spread the risks of medical claims 
over as many employees as large firms. The legislation we are 
introducing will help address these problems by authorizing Federal 
grants to provide start-up funding to States to assist them with the 
planning, development, and operation of small employer purchasing 
cooperatives.
  I am not talking about association health plans, which are 
controversial for a number of reasons. I am talking about small 
employer purchasing cooperatives. They will help to reduce the costs of 
health insurance for small employers by allowing them to band together 
to purchase insurance jointly.
  Group purchasing cooperatives have a number of advantages for smaller 
employers. They will, for example, bring an increased number of 
participants into the group and that helps to lower the premium costs. 
They also decrease the risk of adverse selection. Our legislation would 
also authorize a Small Business Administration grant program for 
States, local governments, and nonprofits to provide information about 
the benefits of health insurance to smaller employers, including the 
tax benefits, the increased productivity of employees and decreased 
turnover. Grants would be used to make employers aware of their current 
rights under State and Federal laws.
  For example, one survey showed that 57 percent of small employers did 
not realize they could deduct 100 percent of the costs of their health 
insurance premiums as a business expense.
  The legislation that Senator Landrieu and I are introducing would 
also create a new program to encourage innovation by awarding 
demonstration grants in up to 10 States to look at innovative coverage 
expansion such as alternative group purchasing or pooling arrangements, 
individual or small group market reforms, or subsidies to employers or 
individuals purchasing coverage.
  The States have been the laboratories of reform. For example, some 
States have looked at providing assistance to employees to help them 
afford their share of an employer-provided insurance plan.
  Second, the Access to Affordable Health Care Act will help expand 
access to affordable health care for individuals and families who are 
purchasing coverage on their own. It would, for example, allow self-
employed Americans to deduct the full amount of their health care 
premiums retroactive to January 1 of this year.
  Some 25 million Americans are in families headed by a self-employed 
individual, and of these 5 million are uninsured. So if we establish 
parity in the tax treatment for health insured costs between the self-
employed and those working for large corporations, we will promote 
equity, and we will help to reduce the number of uninsured by working 
Americans.
  Another step this bill would take would build on the success of the 
State children's health insurance program, one of the very first bills 
I sponsored as a Senator. This program provides insurance for children 
of low-income families who cannot afford health insurance and yet earn 
too much money to qualify for Medicaid.
  We are proposing that we allow, as Senator Kennedy's family care bill 
would, the option for States to cover the parents of children who are 
enrolled in programs like Maine's MaineCare program. States could also 
use funds provided through this program to help eligible working 
families pay their share of an employer-based health insurance plan. In 
short, this legislation will help ensure low-income working families 
receive the health care they need.
  Another provision of the bill would allow States to expand coverage 
to eligible legal immigrants through the Medicaid and SCHIP programs. 
Maine is one of a number of States that is already covering eligible 
legal immigrants, pregnant women, and children under Medicaid using 100 
percent State dollars. Giving States the option of covering these 
children and families under Medicaid will enable them to receive 
Federal matching funds.
  Another provision of the bill would give States the option of 
extending Medicaid to childless adults below 125 percent of the Federal 
poverty level who cannot afford private insurance and who have been 
forgotten or overlooked by other public programs. Maine has applied for 
a waiver to expand its Medicaid Program in this way, and the State 
estimates this will provide health coverage to an estimated 16,000 low-
income uninsured Mainers.
  Many people with serious health problems encounter difficulties in 
finding a company that is willing to insure them. To address this 
problem, the Collins-Landrieu bill authorizes Federal grants to provide 
money for States to create high-risk pools through which individuals 
who have preexisting health conditions can obtain affordable health 
insurance.
  Finally, the legislation in this section would provide an 
advanceable, refundable tax credit of up to $1,000 for individuals 
earning up to $30,000, and up to $3,000 for families earning up to 
$60,000.
  This provision, which is similar to that proposed by President Bush, 
would help to provide coverage for up to 6 million Americans who 
otherwise would be uninsured for 1 or more months. It will help many 
more working lower income families who currently purchase private 
health insurance with little or no government help and finding it 
increasingly difficult to do so.
  Third, the Access to Affordable Health Insurance Act will help to 
strengthen our Nation's health care safety net by doubling funding over 
the next 5 years for community health centers. We want to make sure we 
are reaching individuals who are homeless, individuals who are migrant 
workers, individuals who are living in public housing. These centers, 
which operate in underserved rural and urban communities, provide 
critical primary care services to millions of Americans, regardless of 
their ability to pay. About 20 percent of the patients treated at 
Maine's community health centers have no insurance coverage. Many more 
have inadequate coverage. These community health centers play a 
critical role in providing a health care safety net for some of our 
most vulnerable individuals.
  The problem of access to affordable health care services is not 
limited to the uninsured. It is also shared by many Americans living in 
rural and underserved areas where there is a serious shortage of health 
care providers. The legislation we are introducing, therefore, includes 
a number of provisions to strengthen the National Health Service Corps, 
which supports doctors, dentists, and other clinicians who serve in 
rural and inner-city areas.
  For example, taxing students adversely affects their financial 
incentive to participate in the National Health Service Corps and 
provide health care services in underserved communities. Last year's 
tax bill provided a tax deduction for National Health Service Corps 
scholarship recipients to deduct all tuition, fees, and related 
educational expenses from their income taxes. The deduction did not 
extend to loan repayment recipients however, so loan repayment amounts 
are still taxed as income. Participants in the loan repayment program 
are actually given extra payment amounts to help them cover their tax 
lability which, frankly, is a little ridiculous. It makes much more 
sense to simply exempt them from taxation in the first place.
  In addition, the legislation will allow National Health Service Corps 
participants to fulfill their commitment on a part-time basis. Current 
law requires all National Health Service Corps participants to serve 
full time. Many rural communities, however, simply do not have enough 
volume to support a full-time health care practitioner. Moreover, some 
sites may not need a particular type of provider--for example, a 
dentist--on a full-time basis. Some practitioners may also find part-
time

[[Page 3821]]

service more attractive, which, in turn, could improve recruitment and 
retention. Our bill will therefore give the program additional 
flexibility to meet community needs.
  Long-term care is the major catastrophic health care expense faced by 
older American today, and these costs will only increase with the aging 
of the baby boomers. Most Americans mistakenly believe that Medicare or 
their private health insurance policies will cover the costs of long-
term care should they develop a chronic illness or cognitive impairment 
like Alzheimer's Disease. Unfortunately, far too many do not discover 
that they do not have coverage until they are confronted with the 
difficult decision of placing a much-loved parent or spouse in long-
term care and facing the shocking realization that they will have to 
cover the costs themselves.
  The Access to Affordable Health Care Act will provide a tax credit 
for long-term care expenses of up to $3,000 to provide some help to 
those families struggling to provide long-term care to a loved one. It 
will also encourage more Americans to plan for their future long-term 
care needs by providing a tax deduction to help them purchase private 
long-term insurance.
  Health insurance alone is not going to ensure good health. As noted 
author and physician Dr. Michael Crichton has observed, ``the future of 
medicine lies not in treating illness, but preventing it.'' Many of our 
most serious health problems are directly related to unhealthy 
behaviors-- smoking, lack of regular exercise, and poor diet. These 
three major risk factors alone have made Maine the State with the 
fourth highest death rate due to four largely preventable disease: 
Cardiovascular disease, cancer, chronic lung disease and diabetes. 
These four chronic diseases are reponsible for 70 percent of the health 
care problems in Maine.
  Our bill therefore contains a number of provisions designed to 
promoted healthy lifestyles. An ever-expanding body of evidence shows 
that these kinds of investment in health promotiong and prevention 
offer returns not only in reduced health care bill, but in longer life 
and increased productivity. The legislation will provide grants to 
States to assist small businesses wishing to establish ``worksite 
wellness'' programs for their employees. It would also authorize a 
grant program to support new and existing ``community partnerships,'' 
such as the Healthy Community Coalition in Franklin County, to promote 
healthy lifestyles among hospitals, employers, schools and community 
organizations. And, it would provide funds for States to establish or 
expand comprehensive school health education, including, for example, 
physical education programs that promote lifelong physical activity, 
healthy food service selections, and programs that promote a healthy 
and safe school environment.
  And finally, the Access to Affordable Health Care Act would promote 
equity in Medicare payments and help to ensure that the Medicare system 
rewards rather than punishes States like Maine that deliver high-
quality, cost effective Medicare services to our elderly and disabled 
citizens.
  According to a recent study in the Journal of the American Medical 
Association, Maine ranks third in the nation when it comes to the 
quality of care delivered to our Medicare beneficiaries. Yet we are 
11th from the bottom when it comes to per-beneficiary Medicare 
spending.
  The fact is that Maine's Medicare dollars are being used to subsidize 
higher reimbursements in other parts of the country. This simply is not 
fair. Medicare's reimbursement systems have historically tended to 
favor urban areas and failed to take the special needs of rural States 
into account. Ironically, Maine's low payment rates are also the result 
of its long history of providing high-quality, cost-effective care. In 
the early 1980s, Maine's lower than average costs were used to justify 
lower payment rates. Since then, Medicare's payment policies have only 
served to widen the gap between low and high-cost States.
  As a consequence, Maine's hospitals, physicians, and other providers 
have experienced a serious Medicare shortfall, which has forced them to 
shift costs on to other payers in the form of higher charges. The 
Medicare shortfall is one of the reasons that Maine has among the 
highest health insurance premiums in the Nation. The provisions in the 
Access to Affordable Health Care Act provide a complement to 
legislation that I introduced earlier this year with Senator Russ 
Feingold to promote greater fairness in Medicare payments to physicians 
and other health professionals by eliminating outdated geographic 
adjustment factors that discriminate against rural areas.
  Mr. President, the Access to Affordable Health Care Act outlines a 
blueprint for reform based upon principles upon which I believe a 
bipartisan majority in Congress could agree. The plan takes significant 
strides toward the goal of universal health care coverage by bringing 
million more Americans into the insurance system, by strengthening the 
health care safety net, and by addressing the inequities in the 
Medicare system.
                                 ______
                                 
      By Mr. ROCKEFELLER:
  S. 2043. A bill to amend title 38, United States Code, to extend by 
five years the period for the provision by the Secretary of Veterans 
Affairs of noninstitutional extended care services and required nursing 
home care, and for other purposes; to the Committee on Veterans' 
Affairs.
  Mr. ROCKEFELLER. Mr. President, today I introduce legislation to 
improve VA's response to meeting the long-term care needs of an aging 
veteran population. Specifically, the bill would extend two long-term 
care authorities of the Veterans Millennium Health Care and Benefits 
Act of 1999.
  In November of 1999, Congress passed comprehensive long-term care 
legislation for veterans. For the first time, VA was required to 
provide extended care services to enrolled veterans. Section 101 of 
Public Law 106-117, directed the VA to provide nursing home care to any 
veteran who is in need of such care for a service-connected condition, 
or who is 70 percent or more service-connected disabled. In addition, 
VA was to have provided non-institutional care, such as home-based 
care, respite, and adult day health care, to all enrolled veterans. 
Within 3 years of the bill's enactment, VA was to evaluate and report 
to the House and Senate Committees on Veterans' Affairs on its 
experience in providing services under both of these provisions and to 
make recommendations on extending or making permanent these provisions. 
These programs were given an expiration date of 4 years so that we 
could adequately study its effects and, if need be, make appropriate 
adjustments.
  Unfortunately, it's been more than two years and very little has 
happened with these long-term care programs. With both provisions due 
to expire next year, there is hardly enough time to sufficiently study 
them. The legislation I introduce today will extend the expiration 
dates of both long-term care authorities for an additional 5 years, 
until December 31, 2008.
  I am extremely disappointed that the VA has taken so long to bring 
these new extended care authorities into the lives of veterans. 
Although there is a sense of urgency about meeting the long-term care 
needs of veterans, the VA seems frozen to respond.
  In addition to mandating that VA provide nursing home care to any 
veteran who is in need of such care for a service-connected condition, 
or who is 70 percent or more service-connected disabled, the Veterans 
Millennium Health Care and Benefits Act required the VA to maintain the 
staffing and level of extended care during any fiscal year at the same 
level that was provided in fiscal year 1998. Unfortunately, both the 
staffing level for nursing home care and the average daily census has 
dropped since 1998, and VA readily admits that they are not in 
compliance with this mandate, citing a lack of resources.
  In addition to providing nursing home care, a key element of the 
Millennium bill required VA to furnish non-institutional long-term care 
as part of the standard benefits package. While the bill was signed 
into law at the end of 1999, it was just last October

[[Page 3822]]

that VA finally issued interim guidance on the new benefit. The policy 
was essentially meaningless, in that it required facilities to either 
have these non-institutional long-term care services available or to 
develop a plan for providing such services. As a result, I suspect that 
many facilities have not yet made non-institutional services 
universally available. In order to confirm this, I have asked that the 
General Accounting Office provide me with information as to what 
inventory of noninstitutional long-term care programs exists within VA. 
The GAO's report should be completed shortly.
  We know that there is an expanding need for long-term care in our 
country, and in the VA that demand is even more pressing. About 37 
percent of the veteran population is 65 years or older, and that number 
will grow dramatically in the next few years. By extending the existing 
long-term care authorities, we signal to VA that they cannot shirk this 
responsibility.
  There is no doubt that long-term care is expensive. It is our 
responsibility, however, to make sure that the necessary resources are 
provided to VA to implement existing long-term care programs. For my 
part, I will continue to push VA to move forward, and in the near 
future, I will be chairing a Committee hearing to learn more about VA's 
inaction.
  Long-term care should be seen as a part of the continuum of quality 
health care we have promised our veterans. The point of this 
legislation is to extend two important VA long-term care authorities, 
and I urge all of my Senate colleagues to support it.
                                 ______
                                 
      By Mr. ROCKEFELLER:
  S. 2044. A bill to provide for further improvement of the program to 
expand and improve the provision of specialized mental health services 
to veterans; to the Committee on Veterans' Affairs.
  Mr. ROCKEFELLER. Mr. President, I am pleased to introduce legislation 
today to ensure that veterans who struggle with post-traumatic stress 
and substance use disorders continue to get the care that they need and 
deserve. This legislation would increase the funding for an already-
established grant program for specialized mental health services 
programs. In addition, the legislation would guarantee that some 
funding would go to those facilities which need it the most but, for 
whatever reason, have not sought grants.
  From its inception, the VA health care system has been challenged to 
meet the special needs of veterans, such as spinal cord injuries, the 
need for prosthetics, blindness, traumatic brain injury, homelessness, 
post-traumatic stress disorders or PTSD, and the substance abuse 
disorders that frequently accompany these other afflictions. Over the 
years, VA has developed widely commended expertise in providing 
specialized services to meet these needs. We can all be rightfully 
proud of VA's specialized programs, which provide care that is often 
unparalleled in the greater health care community.
  Unfortunately, these programs have been endangered by budget 
constraints, a shift in focus from inpatient care to outpatient 
clinics, and the introduction of a new resource allocation system. In 
1996, Congress recognized that VA's constant battle to serve more 
veterans with a limited budget made these relatively costly specialized 
services programs disproportionately vulnerable to reductions, and took 
steps to protect them. The Veteran's Health Care Eligibility Reform Act 
of 1966 required the Secretary of Veterans Affairs to maintain VA's 
capacity to treat specific special needs of disabled veterans at the 
then-current level, and to report to Congress annually on the 
maintenance of these specialized services.
  Subsequently, internal VA advisory committees, the GAO, and my own 
staff on the Committee on Veterans' Affairs reported that these 
protections did not go far enough. Many specialized programs--
particularly substance abuse and PTSD treatment programs, were closed, 
reduced in size, or understaffed, offering little or no care to 
veterans suffering from these seriously debilitating disorders which 
often result from combat experiences.
  VA's own annual capacity reports give evidence that these programs 
have failed to provide services to veterans at the needed levels, or to 
preserve equal access throughout the system. However, the current law's 
reliance on systemwide, rather than local or regional capacity, and 
VA's failure to issue these reports on a timely basis as mandated, 
prevent us from understanding how well these programs meet veterans' 
needs throughout the Nation.
  In December 2001, Congress strengthened protection of specialized 
services through the VA Health Care Programs Enhancement Act, which 
described how VA is to maintain capacity for these services in 
considerably more detail. However, I believe that we must continue to 
do what we can to foster innovation and to patch some of the holes in 
substance abuse and PTSD programs.
  In addition to protecting VA's capacity to treat veterans' special 
needs, Congress also designated $15 million in VA funding specifically 
to help medical families improve care for veterans with substance abuse 
disorders and PTSD. The funds for these mental health grant programs, 
mandated by the Veterans Millennium Benefits and Health Care Act of 
1999, will soon revert to a general fund.
  In order to distribute these funds, VA sought proposals from 
facilities interested in expanding and improving their substance use 
disorder and PTSD programs. VA began to release these funds a little 
more than a year ago. As of this month, only 8 of the 16 PTSD treatment 
programs awarded funding had become operational, and only a third of 
these have hired their full complement of authorized and funded staff. 
Of the substance abuse disorder programs funded through this act, 18 of 
31 have not yet hired complete staffs.
  Despite the slow start, this funding has already increased the PTSD 
and substance abuse disorder treatment programs available to veterans. 
More than 100 staff have been hired in 18 of VA's 21 service networks 
to treat substance abuse disorders. Nine new programs, in Baltimore, 
MD; Atlanta, GA; San Francisco, CA; and Dayton, OH, among others, have 
initiated or intensified opioid substitution programs for veterans who 
have not responded well to drug-free treatment regimens. Other new 
programs, such as those in Tampa, FL; Cincinnati, OH, Columbia, MO; and 
Loma Linda, CA, put special emphasis on treating veterans with more 
complex conditions that include PTSD and substance abuse. The 
additional funding has enabled VA to develop better outpatient 
substance abuse and PTSD treatment programs, outpatient dual-diagnosis 
programs, more PTSD community clinical teams, and more residential 
substance abuse disorder rehabilitation programs.
  Due to these grants, VA has made improvements; however, many VA 
medical center directors have been reluctant to hire specialized 
substance abuse or PTSD treatment staff when, in FY 2003, the funding 
for these programs will be subject to a population-based allocation 
system and may disappear from their budgets. The legislation that I 
introduce today would ensure that this funding remained ``protected'' 
for three more years, and would increase the total amount of funding 
identified specifically for treatment of substance abuse disorders and 
PTSD from $15 million to $25 million.
  Of the $25 million authorized for this program, $15 million would be 
allocated to individual medical facilities which respond to the call 
for proposals. The remaining $10 million would be provided as direct 
grants to VA treatment facilities throughout the Nation, based on 
veterans' needs as identified by VA's Mental Health Strategic Health 
Care Group and the Committee on Care of the Severely Chronically 
Mentally Ill.
  Although I am disappointed that VA has still been unable to properly 
maintain adequate levels of care for those veterans with specialized 
health care needs, I am encouraged that our actions to fund specific 
PTSD and substance abuse programs have provided a strong start.

[[Page 3823]]

  Congress has spoken quite clearly in the past: VA does not have the 
discretion to decide whether or not to provide adequate care for 
veterans with substance abuse and post traumatic stress disorders. I 
ask that my colleagues support this bill, which would help ensure that 
these specialized services, a critical aspect of the health care VA 
provides to veterans, are maintained at the necessary levels for the 
men and women who have served this Nation.
                                 ______
                                 
      By Mrs. BOXER (for herself and Mr. Smith of Oregon):
  S. 2045. A bill to amend the Foreign Assistance Act of 1961 to take 
steps to control the growing international problem of tuberculosis; to 
the Committee on Foreign Relations.
  Mrs. BOXER. Mr. President, today, Senator Smith and I are proud to 
introduce the International Tuberculosis Control Act of 2002. This bill 
will provide $200 million during each of the next three years for U.S. 
efforts to combat international TB.
  Our bill also sets as a goal the detection of at least 70 percent of 
the cases of infectious tuberculosis, and the cure of at least 85 
percent of the cases detected by the end of 2005 for those countries 
with the highest tuberculosis burden.
  Why is this bill important? Consider the facts: Tuberculosis kills 2 
million people each year; someone in the world is newly infected with 
TB every second; nearly one percent of the world's population is newly 
infected with TB each year; TB is the single leading cause of death 
among women between the age of 15-44; and half of all people living 
with HIV-AIDS will develop TB because of suppressed immune systems.
  TB is an airborne disease. You can get it when someone coughs or 
sneezes. And with the increased immigration and travel to the United 
States, we are seeing it re-emerge in many of our communities. That is 
why it is in the national interest here in the United States to fight 
TB throughout the world.
  This is especially true when you consider that in the year 2000, 46 
percent of TB cases detected in the U.S. occurred to foreign-born 
persons, up from 22 percent in 1986. In California, of the 3,297 cases 
detected in 2000, 72 percent were among foreign born individuals.
  Two years ago, Senator Smith and I teamed up to triple TB funding and 
get the authorization level up to $60 million. We are teaming up again 
so that USAID can work with its international partners like the World 
Health Organization to expand the most effective program to stop the 
spread of TB--DOTS or Directly Observed Treatment Short-Course.
  DOTS is so effective because it reduces the chance of Multi-Drug 
Resident TB from developing. In the early 1990s, New York City spent 
nearly $1 billion to control an outbreak of drug-resistant TB. However, 
a 6-month course of TB drugs under the DOTS programs can cost just $10.
  That is why we feel that our bill is a wise investment that will 
reduce the cost of treating TB over the long run and, most important, 
save lives throughout the world.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2045

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``International Tuberculosis 
     Control Act of 2002''.

     SEC. 2. FINDINGS.

       Congress finds that:
       (1) Tuberculosis is a great health and economic burden to 
     impoverished nations and a health and security threat to the 
     United States and other industrialized countries.
       (2) Tuberculosis kills 2,000,000 people each year (a person 
     every 15 seconds) and is second only to HIV/AIDS as the 
     greatest infectious killer of adults worldwide.
       (3) Tuberculosis is today the leading killer of women of 
     reproductive age and of people who are HIV-positive.
       (4) One-third of the world's population is currently 
     infected with the tuberculosis bacterium, including 
     10,000,000 through 15,000,000 persons in the United States, 
     and someone in the world is newly infected with tuberculosis 
     every second.
       (5) With 46 percent of tuberculosis cases in the United 
     States in the year 2000 found in foreign-born persons, as 
     compared to 24 percent in 1990, it is clear that the only way 
     to control tuberculosis in the United States is to control it 
     worldwide.
       (6) Left untreated, a person with active tuberculosis can 
     infect an average of 10 through 15 people in one year.
       (7) Pakistan and Afghanistan are among the 22 countries 
     identified by the World Health Organization as having the 
     highest tuberculosis burden globally.
       (8) More than one-quarter of all adult deaths in Pakistan 
     are due to tuberculosis, and Afghan refugees entering 
     Pakistan have very high rates of tuberculosis, with refugee 
     camps, in particular, being areas where tuberculosis runs 
     rampant.
       (9) The tuberculosis and AIDS epidemics are inextricably 
     linked. Tuberculosis is the first manifestation of AIDS in 
     more than 50 percent of cases in developing countries and is 
     responsible for 40 percent or more of deaths of people with 
     AIDS worldwide.
       (10) An effective, low-cost cure exists for tuberculosis: 
     Directly Observed Treatment Short-course or DOTS. Expansion 
     of DOTS is an urgent global priority.
       (11) DOTS is one of the most cost-effective health 
     interventions available today. A full course of DOTS drugs 
     costs as little as US$10 in low-income countries.
       (12) Proper DOTS treatment is imperative to prevent the 
     development of dangerous multidrug resistant tuberculosis 
     (MDR-TB) that arises through improper or incomplete 
     tuberculosis treatment.
       (13) The Global Fund to fight AIDS, Tuberculosis, and 
     Malaria is an important new global partnership established to 
     combat these 3 infectious diseases that together kill 
     6,000,000 people a year. Expansion of effective tuberculosis 
     treatment programs should constitute a major component of 
     Global Fund investment.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) DOTS.--The term ``DOTS'' or ``Directly Observed 
     Treatment Short-course'' means the World Health Organization-
     recommended strategy for treating standard tuberculosis.
       (2) Global alliance for tuberculosis drug development.--The 
     term ``Global Alliance for Tuberculosis Drug Development'' 
     means the public-private partnership that brings together 
     leaders in health, science, philanthropy, and private 
     industry to devise new approaches to tuberculosis and to 
     ensure that new medications are available and affordable in 
     high tuberculosis burden countries and other affected 
     countries.
       (3) Global plan to stop tuberculosis.--The term ``Global 
     Plan to Stop Tuberculosis'' means the plan developed jointly 
     by the Stop Tuberculosis Partnership Secretariat and Partners 
     in Health that lays out what needs to be done to control and 
     eliminate tuberculosis.
       (4) Global tuberculosis drug facility.--The term ``Global 
     Tuberculosis Drug Facility (GDF)'' means the new initiative 
     of the Stop Tuberculosis Partnership to increase access to 
     high-quality tuberculosis drugs to facilitate DOTS expansion.
       (5) Stop tuberculosis partnership.--The term ``Stop 
     Tuberculosis Partnership'' means the partnership of the World 
     Health Organization, donors including the United States, high 
     tuberculosis burden countries, multilateral agencies, and 
     nongovernmental and technical agencies committed to short- 
     and long-term measures required to control and eventually 
     eliminate tuberculosis as a public health problem in the 
     world.

      SEC. 4. ASSISTANCE FOR TUBERCULOSIS PREVENTION, TREATMENT, 
                   CONTROL, AND ELIMINATION.

       Section 104(c) of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2151b(c)) is amended by adding at the end the 
     following:
       ``(7)(A) Congress recognizes the growing international 
     problem of tuberculosis and the impact its continued 
     existence has on those countries that had previously largely 
     controlled the disease. Congress further recognizes that the 
     means exist to control and treat tuberculosis by implementing 
     the Global Plan to Stop Tuberculosis and by adequately 
     investing in newly created mechanisms, including the Global 
     Tuberculosis Drug Facility, and that it is therefore a major 
     objective of the foreign assistance program to control the 
     disease. To this end, Congress expects the agency primarily 
     responsible for administering this part--
       ``(i) to coordinate with the World Health Organization, the 
     Centers for Disease Control, the National Institutes of 
     Health, and other organizations with respect to the 
     development and implementation of a comprehensive 
     tuberculosis control program; and
       ``(ii) to set as a goal the detection of at least 70 
     percent of the cases of infectious tuberculosis, and the cure 
     of at least 85 percent of the cases detected, by December 31, 
     2005, in those countries classified by the World Health 
     Organization as among the highest tuberculosis burden, and by 
     December 31, 2010, in all countries in which the agency has 
     established development programs.
       ``(B)(i) There is authorized to be appropriated 
     $200,000,000 for each of the fiscal years 2003 through 2005 
     for carrying out this paragraph.

[[Page 3824]]

       ``(ii) Funds appropriated under this paragraph are 
     authorized to remain available until expended.
       ``(C) In carrying out subparagraph (A), not less than 75 
     percent of the amount authorized to be appropriated under 
     subparagraph (B) shall be expended for antituberculosis 
     drugs, supplies, patient services, and training in diagnosis 
     and care, in order to increase directly observed treatment 
     shortcourse (DOTS) coverage, including funding for the Global 
     Tuberculosis Drug Facility.
       ``(D) In carrying out subparagraph (A), of the amount 
     authorized to be appropriated under subparagraph (B)--
       ``(i) not less than 10 percent shall be used for funding of 
     the Global Tuberculosis Drug Facility;
       ``(ii) not less than 7.5 percent shall be used for funding 
     of the Stop Tuberculosis Partnership; and
       ``(iii) not less than 2.5 percent shall be used for funding 
     of the Global Alliance for Tuberculosis Drug Development.
       ``(E) The President shall submit a report to Congress 
     annually specifying the increases in the number of people 
     treated and the increases in number of tuberculosis patients 
     cured through each program, project, or activity receiving 
     United States foreign assistance for tuberculosis control 
     purposes.''.

  Mr. SMITH of Oregon. Mr. President, I am pleased to again join my 
colleague Senator Boxer in introducing important tuberculosis control 
legislation today on the floor of the Senate. Today we are introducing 
The International Tuberculosis Control Act--this important legislation 
is designed to address the growing international problem of 
tuberculosis, (TB). We are introducing this legislation to coincide 
with World Tuberculosis Day, this Sunday, March 24. World TB Day is an 
occasion for countries around the world to raise awareness about the 
threat to the world's health caused by tuberculosis.
  As many of us know TB is a global health crisis. Over two million 
people will die from TB this year, and it is the leading killer of 
young women and of people with AIDS worldwide. Further, TB anywhere is 
a threat everywhere in our highly mobile world. The Center for Disease 
Control CDC reports that in the year 2000, nearly 50 percent of all TB 
cases in the US occurred in foreign-born persons. We will not be safe 
from TB until we control the disease globally.
  TB and HIV form a deadly co-epidemic. TB is responsible for more than 
40 percent of all AIDS deaths worldwide. An HIV-positive person is 30 
times more likely to develop active tuberculosis and become infectious 
to others. Many countries in sub-Saharan Africa have seen TB rates 
increase 4-fold due to the HIV-TB co-epidemic, decimating a whole 
generation of adults in many communities. In Eastern Europe and Asia, 
TB infection is widespread and HIV rates are rising rapidly. These 
areas are poised to see the TB-HIV co-epidemic explode.
  TB also flourishes in and causes poverty. About 98 percent of the 
annual deaths from TB are in poor countries. Those who fall ill are 
often their family's primary breadwinner. When that person cannot work, 
children must often leave school to work or care for a sick relative. 
The World Health Organization reported in 2000 that 75 percent of TB 
patients are men and women between the ages of 15-54, the most 
economically productive years of life. Stopping TB will help fight 
poverty.
  I strongly believe we must act to control TB now or pay later. Rising 
drug resistance is a time bomb that could make TB virtually 
uncontrollable. Multi-drug resistant TB is far more dangerous and 
difficult to treat, can cost up to $1 million per patient to cure, and 
kills over half of its victims, even in the U.S.
  There is a plan for controlling TB. The new, internationally agreed-
upon ``Global Plan to Stop TB'' provides a much-needed roadmap. It 
describes the resources needed, country-by-country, to meet 
international TB control targets by 2005. Complementary National TB 
control plans exist for nearly all of the 22 high-burden TB countries.
  The world must invest less than $1 billion in additional funds per 
year to control TB, about what New York City spent to control an 
outbreak of drug-resistant TB in the early 1990s! And I believe that 
$200 million is a reasonable US share of the $1 billion needed globally 
to control this killer.
  We have the tools to stop TB. ``The Global Plan to Stop TB'' is built 
around expanding access to DOTS treatment worldwide, a proven, and very 
cost-effective treatment system that uses just $10 worth of drugs to 
cure a patient in 6 months. Currently just one in four of those who 
needs DOTS have access to it. Another tool for fighting TB is the new 
Global TB Drug Facility, which can provide the steady supply of 
affordable drugs needed to cure patients and prevent the further spread 
of drug-resistance.
  My colleague, Barbara Boxer, and I have been leading the way (along 
with Foreign Operations Chairman Patrick Leahy and Ranking Senator 
Mitch McConnell) in increasing US funding for international TB control, 
from virtually zero in 1997 to $75 million in 2002. The President's 
2003 Budget proposes to cut TB funding by one-third, but I feel that we 
must do more in this area, not less. Just $200 million annually from 
the U.S. would save tens of thousands of lives around the world and 
would protect US citizens from TB and from the growing threat of drug-
resistant TB. Investing in TB control is not only the right thing to 
do; it is a wise U.S. investment.
                                 ______
                                 
      By Mr. CRAIG:
  S. 2046. A bill to amend the Public Health Service Act to authorize 
loan guarantees for rural health facilities to buy new and repair 
existing infrastructure and technology; to the Committee on Health, 
Education, Labor, and Pensions.
  Mr. CRAIG. Mr. President, I rise today to introduce the Rural Health 
Care Facility Improvement Act.
  Traveling throughout my State of Idaho, I have heard from many people 
about the need for additional funding to keep rural health facilities 
operational and up-to-date. After doing further research, I have found 
that this is true in all States in virtually all rural areas. For this 
reason, I am introducing the Rural Health Care facility Improvement 
Act.
  This bill would allow for $250,000,000 million in guaranteed loans to 
be available to rural health care facilities. Individual facilities 
could borrow up to $5,000,000 to be used for two purposes. First, to 
allow for capital improvements to their facility and equipment and 
second, to allow for the purchase of high-technology equipment.
  Providing health care services to much of rural America has become 
increasingly difficult in recent years. During the 1970s, rural 
communities thrived with economic expansion and unprecedented 
population growth. Rural health providers represented valuable 
institutions offering an array of medical services to their 
communities. Now many of these rural communities are struggling to 
maintain critical health care facilities.
  We all know that rural health care facilities are a vital part of the 
infrastructure of rural communities and the collapse of health care 
services in many areas often contributes to the further decline of 
rural communities. That's why it is so important to make sure that 
rural facilities have access to funds to keep them operational.
  In the 1990's, rural health care providers have begun to rally in the 
face of this challenge. They have developed creative ways to meet the 
needs of their communities with their limited resources. This 
legislation is one more way to help those who are working to guarantee 
health care in rural America.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2046

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Rural Health Care Facility 
     Improvement Act of 2002''.

     SEC. 2. GUARANTEED LOANS FOR RURAL HEALTH FACILITIES.

       Title VI of the Public Health Service Act (42 U.S.C. 291 et 
     seq.) is amended by adding at the end the following:

[[Page 3825]]

                   ``PART E--RURAL HEALTH FACILITIES

     ``SEC. 651. GUARANTEED LOANS FOR RURAL HEALTH FACILITIES.

       ``(a) Authorization of Loan Guarantees.--
       ``(1) Establishment.--The Secretary is authorized to 
     establish a program under which the Secretary may guarantee 
     100 percent of the principal and interest on loans made by 
     non-Federal lenders to rural health facilities to pay for the 
     costs of--
       ``(A) buying new or repairing existing infrastructure; and
       ``(B) buying new or repairing existing technology.
       ``(2) Total loan amount available.--The Secretary is 
     authorized to guarantee not more than--
       ``(A) $250,000,000 in the aggregate of the principal and 
     interest on loans for rural health facilities under paragraph 
     (1); and
       ``(B) $5,000,000 of the principal and interest on loans 
     under paragraph (1) for each rural health facility.
       ``(b) Protection of Financial Interests.--The Secretary may 
     not approve a loan guarantee under this section unless the 
     Secretary determines that--
       ``(1) the terms, conditions, security (if any), and 
     schedule and amount of repayments with respect to the loan 
     are sufficient to protect the financial interests of the 
     United States and are otherwise reasonable, including a 
     determination that the rate of interest does not exceed such 
     percent per annum on the principal obligation outstanding as 
     the Secretary determines to be reasonable, taking into 
     account the range of interest rates prevailing in the private 
     market for similar loans and the risks assumed by the United 
     States, except that the Secretary may not require as security 
     any rural health facility asset that is, or may be, needed by 
     the rural health facility involved to provide health 
     services;
       ``(2) the loan would not be available on reasonable terms 
     and conditions without the guarantee under this section; and
       ``(3) amounts appropriated for the program under this 
     section are sufficient to provide loan guarantees under this 
     section.
       ``(c) Recovery of Payments.--
       ``(1) In general.--The United States shall be entitled to 
     recover from the applicant for a loan guarantee under this 
     section the amount of any payment made pursuant to such 
     guarantee, unless the Secretary for good cause waives such 
     right of recovery (subject to appropriations remaining 
     available to permit such a waiver) and, upon making any such 
     payment, the United States shall be subrogated to all of the 
     rights of the recipient of the payments with respect to which 
     the guarantee was made. Amounts recovered under this section 
     shall be credited as reimbursements to the financing account 
     of the program established under this section.
       ``(2) Modification of terms and conditions.--To the extent 
     permitted by paragraph (3) and subject to the requirements of 
     section 504(e) of the Federal Credit Reform Act of 1990 (2 
     U.S.C. 661c(e)), any terms and conditions applicable to a 
     loan guarantee under this section (including terms and 
     conditions imposed under paragraph (4)) may be modified or 
     waived by the Secretary to the extent the Secretary 
     determines it to be consistent with the financial interest of 
     the United States.
       ``(3) Incontestability.--Any loan guarantee made by the 
     Secretary under this section shall be incontestable--
       ``(A) in the hands of an applicant on whose behalf such 
     guarantee is made unless the applicant engaged in fraud or 
     misrepresentation in securing such guarantee; and
       ``(B) as to any person (or successor in interest) who makes 
     or contracts to make a loan to such applicant in reliance 
     thereon unless such person (or successor in interest) engaged 
     in fraud or misrepresentation in making or contracting to 
     make such loan.
       ``(4) Further terms and conditions.--Guarantees of loans 
     under this section shall be subject to such further terms and 
     conditions as the Secretary determines to be necessary to 
     assure that the purposes of this section will be achieved.
       ``(d) Defaults.--
       ``(1) In general.--Subject to the requirements of the 
     Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.), the 
     Secretary may take such action as may be necessary to prevent 
     a default on a loan guaranteed under this section, including 
     the waiver of regulatory conditions, deferral of loan 
     payments, renegotiation of loans, and the expenditure of 
     funds for technical and consultative assistance, for the 
     temporary payment of the interest and principal on such a 
     loan, and for other purposes. Any such expenditure made under 
     the preceding sentence on behalf of a rural health facility 
     shall be made under such terms and conditions as the 
     Secretary shall prescribe, including the implementation of 
     such organizational, operational, and financial reforms as 
     the Secretary determines are appropriate and the disclosure 
     of such financial or other information as the Secretary may 
     require to determine the extent of the implementation of such 
     reforms.
       ``(2) Foreclosure.--The Secretary may take such action, 
     consistent with State law respecting foreclosure procedures 
     and, with respect to reserves required for furnishing 
     services on a prepaid basis, subject to the consent of the 
     affected States, as the Secretary determines appropriate to 
     protect the interest of the United States in the event of a 
     default on a loan guaranteed under this section, except that 
     the Secretary may only foreclose on assets offered as 
     security (if any) in accordance with subsection (b).
       ``(e) Nonapplication of Part D.--The provisions of part D 
     shall not apply to this part.
       ``(f) Definitions.--In this part:
       ``(1) Non-federal lender.--The term `non-Federal lender' 
     means any entity other than an agency or instrumentality of 
     the Federal Government authorized by law to make such loan, 
     including a federally insured bank, a lending institution 
     authorized or licensed by the State in which it resides to 
     make such loans, and a State or municipal bonding authority 
     or such authority's designee.
       ``(2) Rural area.--The term `rural area' has the meaning 
     given the term in section 1886(d)(2)(D) of the Social 
     Security Act (42 U.S.C. 1395ww(d)(2)(D)).
       ``(3) Rural health facility.--The term `rural health 
     facility' includes--
       ``(A) rural health clinics (as defined in section 
     1861(aa)(2) of the Social Security Act (42 U.S.C. 
     1395x(aa)(2)));
       ``(B) critical access hospitals (as defined in section 
     1861(mm)(1) of the Social Security Act (42 U.S.C. 
     1395x(mm)(1))) that are located in rural areas;
       ``(C) hospitals (as defined in section 1861(e) of the 
     Social Security Act (42 U.S.C. 1395x(e))) that are located in 
     rural areas;
       ``(D) skilled nursing facilities (as defined in section 
     1819(a) of the Social Security Act (42 U.S.C. 1395i-3(a))) 
     that are located in rural areas;
       ``(E) health centers (as defined in section 330) that are 
     located in rural areas;
       ``(F) federally qualified health centers (as defined in 
     section 1861(aa)(3) of the Social Security Act (42 U.S.C. 
     1395x(aa)(3))); and
       ``(G) nursing homes (as defined in section 1908(e) of the 
     Social Security Act (42 U.S.C. 1396g(e))) that are located in 
     rural areas.''.
                                 ______
                                 
      By Mr. HOLLINGS (for himself, Mr. Stevens, Mr. Inouye, Mr. 
        Breaux, Mr. Nelson of Florida, and Mrs. Feinstein):
  S. 2048. A bill to regulate interstate commerce in certain devices by 
providing for private sector development of technological protection 
measures to be implemented and enforced by Federal regulations to 
protect digital content and promote broadband as well as the transition 
to digital television, and for other purposes; to the Committee on 
Commerce, Science, and Transportation.
  Mr. HOLLINGS. Mr. President, I rise along with Senators Stevens, 
Inouye, Breaux, Nelson, and Feinstein to introduce the Consumer 
Broadband and Digital Television Promotion Act of 2002, legislation 
that will promote broadband and the digital television transition by 
securing content on the Internet and over the Nation's airwaves.
  For several years the private sector has attempted to secure a safe 
haven for copyrighted digital products, unfortunately with little to 
show for its efforts. The result has been an absence of robust, 
ubiquitous protections of digital media which has lead to a lack of 
content on the Internet and over the airwaves. And who has suffered the 
most? Consumers, as they are denied access to high quality digital 
content in the home.
  The reality is that a lack of security has enabled significant 
copyright privacy which drains America's content industries to the tune 
of billions of dollars every year. For example, the movie studios 
estimate that they lose over $3 billion annually by way of analog 
piracy. In order to pirate copyrighted movies via analog formats, an 
individual makes an illegal copy of the movie, sometimes by taping it 
in a movie theater with a personal video recorder, and then distributes 
it, in analog form, at discount. However, because subsequent copies of 
analog movies degrade over time, there is a limit to the success of 
this type of piracy.
  In a digital age, however, the privacy threat is exponentially 
magnified. So on the Internet, copyright content, be it a movie, a 
book, music, or software, travels in a digital language of 1s and 0s, 
and every copy of that content, from the 1st to the 1000th is as 
pristine as the original. Also, unlike an analog pirated movie, which 
must be physically packaged and transported, a digital copy can be sent 
around the world on the Internet with a single click of a mouse. The 
copyright industries are justifiably worried about distributing their 
content on the Internet absent

[[Page 3826]]

strong copyright protection measures. As Internet access becomes 
increasingly available over high-speed, broadband connections, these 
worries will only heighten.
  It should be noted, however, that the Internet is not the only threat 
to unprotected digital content. Digital video programming is also 
subject to a large privacy threat. Rapid advances in consumer 
electronics make it easier to steal copyright content. Newly developed 
digital compression and memory technologies make it possible to store 
two complete movies on a device the size of a postage stamp. Today, 
digital media can be transmitted over wired or wireless channels and 
played and stored on a host of consumer electronics devices. By and 
large, these are positive developments for consumers.
  But any device that can legitimately play, copy, or electronically 
transmit one or more categories of media also can be misused for 
illegal copyright infringement, unless special protection technologies 
are incorporated into such a device. Unfortunately, as technology has 
advanced, copy protection schemes have not kept pace, fostering a set 
of consumer expectations that at times actually promote illegal 
activity on the Internet. For example, according to a Jupiter Media 
Matrix report, over 7 million Americans use technology on the Internet 
to swap music and other digital media files. More recent news reports 
place this number at over 11 million. While some of this activity is 
legal, much of it is not.
  Every week a major magazine or newspaper reports on the thousands of 
illegal pirated works that are available for copying and redistribution 
online. Academy award winning motion pictures, platinum records, and 
Emmy award winning television shows--all for free, all illegal. Piracy 
is growing exponentially on college campuses and among tech savvy 
consumers. Such lawlessness contributes to the studios and record 
labels' reluctance to place their digital content on the Internet or 
over the airwaves.
  At the same time, millions of law abiding consumers find little 
reason to spend discretionary dollars on consumer electronics products 
whose value depends on their ability to receive, display and copy high 
quality digital content like popular movies, music, and video games. 
Accordingly, only early adopters have purchased high definition 
television sets or broadband Internet access, as these products remain 
priced too high for the average consumer. The facts are clear in this 
regard. Only two million Americans have purchased HDTV sets. As for 
broadband, rural and underserved areas aside, there is not an 
availability problem. There is a demand problem. Roughly 85 percent of 
Americans are offered broadband in the marketplace but only 10-12 
percent have signed up. The fact is that most Americans are averse to 
paying $50 a month for faster access to email, or $2,000 for a fancy 
HDTV set that plays analog movies. But if more high-quality content 
were available, consumers might come.
  By unleashing an avalanche of digital content on broadband Internet 
connections as well as over the digital broadcast airwaves, we can 
change this dynamic and give consumers a reason to buy new consumer 
electronics and information technology products. To do so requires the 
development of a secure, protected environment to foster the widespread 
dissemination of digital content in these exciting new mediums.
  Although, it is technologically feasible to provide such a protected 
environment, the solution has not been forthcoming through voluntary 
private sector negotiations involving the industries with stakes in 
this matter. This is not to say, however, that those industries do not 
recognize the tremendous economic potential to be derived from a 
proliferation of top notch digital content to consumers in the home. 
The movie studios, and the rest of the copyright industries, for 
example, are tremendously excited about the possibility of providing 
their products to consumers over the Internet and the digital airwaves, 
provided they can be assured that those products' copyrights are not 
infringed in the process.
  Although marketplace negotiations have not provided such an 
assurance, a solution is at hand. Leaders in the consumer electronics, 
information technology, and content industries are America's best and 
brightest. They can solve this problem. The consumer electronics and 
high tech industries claim they are ready to do just that. America's 
top high-tech executives sent me a letter three weeks ago to that 
effect. While, I want to believe them, industry negotiations have been 
lagging. Both sides share some blame in this area. But the blame games 
need to end. It's time for results, not recriminations.
  I believe the private sector is capable, through marketplace 
negotiations--of adopting standards that will ensure the secure 
transmission of copyrighted content on the Internet and over the 
airwaves. But given the pace of private talks so far, the private 
sector needs a nudge. The government can provide that nudge, and in 
doing so continue the government's longstanding role in promoting, and 
sometimes requiring, the implementation of technological standards in 
electronics equipment to benefit consumers. We debated the merits of 
such an approach in the Commerce Committee on February 28, 2002 when 
the leaders of the copyright, consumer electronics, and information 
technology industries testified as to their distinct views on this 
issue. At that hearing, every Senator and every witness agreed that the 
problem of digital piracy requires resolution.
  Specifically, our hearing demonstrated that there are three discrete 
problem areas that merit government intervention. First, is the piracy 
threat presented toward unprotected digital broadcast television. Over 
the air broadcast digital signals cannot be encrypted because the 
millions of Americans who receive their signal via antennas cannot 
decrypt the signal. As a result, digital broadcast signals are 
delivered in unprotected format and are subject to illegal copying or 
redistribution over the Internet upon transmission. The technology 
exists today to solve this problem. It has been referred to as a 
``broadcast flag'' which would instruct digital devices to prevent 
illegal copying and Internet retransmission of digital broadcast 
television. Consumer electronic devices would respond to the technology 
and prevent copyright infringement. However, because not every device 
would be required to respond to the technology, ubiquitous response 
requires a mandate by government.
  The second problem is commonly referred to as the ``Analog hole.'' As 
protected digital programming, usually delivered over satellite or 
cable, but also available on the Internet, is decrypted for viewing by 
consumers, most frequently on television sets, the programming is 
temporarily ``in the clear.'' At this point, pirates may have the 
opportunity to take advantage of an ``Analog hole'' by copying the 
content into a digital format, i.e. re-digitizing it, and then 
illegally copying and/or retransmitting the content. The technology to 
solve this problem either exists today, or will be available shortly. 
Regardless, the solution is technologically feasible. As with the 
``broadcast flag'' the solution to the ``Analog hole'' will require a 
government mandate to ensure its ubiquitous adoption across consumer 
devices.
  The final problem poses the greatest threat. Literally millions of 
digital files of music and videos are illegally copied, downloaded, and 
transmitted over the Internet on a regular basis. Current digital 
rights management solutions are insufficient to rectify this problem. 
Some consumers resorting to illegal behavior do so unknowingly. Many 
others do so willingly. Regardless, consumers desire high-quality 
digital content on the Internet and it is not being provided in any 
widespread, legal fashion. Fortunately, a solution to this problem is 
also technologically feasible. It too will require government action, 
including a mandate to ensure its swift and ubiquitous adoption.
  While industries are at odds as to how to solve these critical 
content protection problems, the legislation we introduce today 
provides us with the tools to break the logjam. Specifically, the 
legislation requires the content,

[[Page 3827]]

consumer electronics, and information technology industries to come 
together with representatives of consumer groups to develop standards, 
technologies, and encoding rules to safeguard digital content so that 
it will be made more readily available to consumers without being 
subject to piracy. The affected parties would have one year to reach 
agreement. The technologies would then be incorporated into all digital 
media devices to ensure universal protection for digital content and 
universal access to such content for consumers. The deadline on 
industry would work in the following fashion: if they come together to 
solve these problems in private sector talks, we will empower 
government enforcement so that all consumer devices comply. If they 
don't, the government, in consultation with the private sector, will 
have to step in.
  America's creative artists deserve our protection. Our copyright 
industries are among our greatest economic and creative assets. The 
framers recognized that innovation and creativity was instrumental to 
our country's economic health when they empowered Congress in the 
Constitution to protect copyrighted products. Now, however, copyrighted 
media products are delivered digitally, and copyright infringement is 
more difficult to detect and prevent. That is why strong technological 
protections need to be layered on top of the copyright laws, to 
complement the law as it exists today. Along those lines, I want to 
emphasize that this legislation does not alter existing copyright law. 
Copyright law rests squarely within the jurisdiction of the Senate 
Judiciary Committee. I hope to work closely with Chairman Leahy and 
Ranking Member Hatch to stop copyright piracy in a digital age.
  Some have said that legislation is unwieldy in this area. But our 
legislation would not be the first time Congress imposed technological 
requirements to benefit consumers. And it won't be the last. We have 
been here before. In 1962, under the All Channel Receiver Act, Congress 
mandated that all television receivers include the capability to tune 
all channels, UHF and VHF, allocated to the television broadcast 
service. More recently, in 1998, Congress required that all analog VCRs 
recognize a standard copy control technology, know as ``Macrovision''. 
In the former case, the Federal Government and the Federal 
Communications Commission took the lead. In the latter case, industry 
first agreed to the `Macrovision' standard which Congress later 
codified by legislation. So, whether Congress or industry has led the 
way, the results have benefitted consumers and industry, by providing 
Americans with wider access to programming and content.
  Pursuant to the bill we introduce today, the standards, technologies, 
and encoding rule would work in the following manner. Digital content 
delivered over the Internet and over the broadcast airwaves would 
include instructions as to consumers' ability to copy available content 
and would prevent the illegal retransmission of that content over the 
Internet. Digital media devices such as televisions sets, cable boxes, 
and personal computers, would be manufactured to recognize and respond 
to those instructions to prevent illegal copying or redistribution.
  I want to stress, however, in the strongest terms possible, that the 
standards agreed to by industry would not be permitted to thwart 
legitimate consumer copying of programming in the home, for time 
shifting purposes, for example. Similarly, the technologies and 
encoding rules would be required to take into account the need to 
preserve fair use of otherwise protected content, for educational and 
research purposes for example. Specifically, our bill requires that 
encoding rules ``take into account limitations on exclusive rights of 
copyright holders, including the fair use doctrine.'' In addition, the 
legislation specifies that no copy protection technology may prevent 
consumers from ``making a personal copy for lawful use in the home'' of 
non pay-per-view television programming. I want to be clear on this 
point, no legislation can or should pass Congress in this area that 
does not seek to protect legitimate consumer copying and fair use 
practices.
  Critics of earlier drafts of our legislation painted it as heavy 
handed and awkward government selection of technologies. I want to 
respond. We have listened to their arguments delivered in dozens of 
meetings with my staff, and the bill we introduce today does nothing of 
the sort. Under the new legislation, if the required private sector 
negotiations fail, the FCC will begin a process, in consultation with 
those same private sector representatives, to implement technologically 
feasible solutions. So, in practice, the private sector, even in the 
event of a government initiated approach, will have every incentive and 
opportunity to guide a solution largely on its own.
  Critics of earlier discussion drafts of our legislation also claimed 
that it would freeze innovation and that any solutions would invariably 
be out of date shortly after they are selected due to the rapid and 
accelerated development of technology in the high tech sector. But here 
too we have listened and responded. Pursuant to our legislation, if the 
private sector determines that the selected technological solution 
needs to be updated or modified, they may do so. Its as simple as that. 
Such a change might be warranted because the technologies or encoding 
rules in use have been compromised by hackers or pirates. Or, 
technological improvements may be developed that ensure greater 
security for content, or more readily take into account consumers or 
researchers' fair use expectations.
  Regardless, in any of these instances, at any time, the legislation 
would allow the representatives of the content, consumer electronics, 
and information technology industries to implement any necessary 
modification of the agreed upon technologies. They could simply do so 
on their own, and then notify the FCC of their actions.
  At every stage in the process, the private sector, not the 
government, has the opportunity and the incentive to grab the reins. To 
date, however, this has not happened. The legislation we introduce 
today seeks to change that.
  I ask unanimous consent that the text of the legislation, the 
Consumer Broadband and Digital Television Promotion Act, be printed in 
the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2048

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF SECTIONS.

       (a) Short Title.--This Act may be cited as the ``Consumer 
     Broadband and Digital Television Promotion Act''.
       (b) Table of Sections.--The table of sections for this Act 
     is as follows:

Sec. 1. Short title; table of sections.
Sec. 2. Findings.
Sec. 3. Adoption of security system standards and encoding rules.
Sec. 4. Preservation of the integrity of security.
Sec. 5. Prohibition on shipment in interstate commerce of nonconforming 
              digital media devices.
Sec. 6. Prohibition on removal or alteration of security technology; 
              violation of encoding rules.
Sec. 7. Enforcement.
Sec. 8. Federal Advisory Committee Act exemption.
Sec. 9. Definitions.
Sec. 10. Effective date.

     SEC. 2. FINDINGS.

       The Congress finds the following:
       (1) The lack of high quality digital content continues to 
     hinder consumer adoption of broadband Internet service and 
     digital television products.
       (2) Owners of digital programming and content are 
     increasingly reluctant to transmit their products unless 
     digital media devices incorporate technologies that recognize 
     and respond to content security measures designed to prevent 
     theft.
       (3) Because digital content can be copied quickly, easily, 
     and without degradation, digital programmers and content 
     owners face an exponentially increasing piracy threat in a 
     digital age.
       (4) Current agreements reached in the marketplace to 
     include security technologies in certain digital media 
     devices fail to provide a secure digital environment because 
     those agreements do not prevent the continued use and 
     manufacture of digital media devices that fail to incorporate 
     such security technologies.
       (5) Other existing digital rights management schemes 
     represent proprietary, partial

[[Page 3828]]

     solutions that limit, rather than promote, consumers' access 
     to the greatest variety of digital content possible.
       (6) Technological solutions can be developed to protect 
     digital content on digital broadcast television and over the 
     Internet.
       (7) Competing business interests have frustrated agreement 
     on the deployment of existing technology in digital media 
     devices to protect digital content on the Internet or on 
     digital broadcast television.
       (8) The secure protection of digital content is a necessary 
     precondition to the dissemination, and on-line availability, 
     of high quality digital content, which will benefit consumers 
     and lead to the rapid growth of broadband networks.
       (9) The secure protection of digital content is a necessary 
     precondition to facilitating and hastening the transition to 
     high-definition television, which will benefit consumers.
       (10) Today, cable and satellite have a competitive 
     advantage over digital television because the closed nature 
     of cable and satellite systems permit encryption, which 
     provides some protection for digital content.
       (11) Over-the-air broadcasts of digital television are not 
     encrypted for public policy reasons and thus lack those 
     protections afforded to programming delivered via cable or 
     satellite.
       (12) A solution to this problem is technologically feasible 
     but will require government action, including a mandate to 
     ensure its swift and ubiquitous adoption.
       (13) Consumers receive content such as video or programming 
     in analog form.
       (14) When protected digital content is converted to analog 
     for consumers, it is no longer protected and is subject to 
     conversion into unprotected digital form that can in turn be 
     copied or redistributed illegally.
       (15) A solution to this problem is technologically feasible 
     but will require government action, including a mandate to 
     ensure its swift and ubiquitous adoption.
       (16) Unprotected digital content on the Internet is subject 
     to significant piracy, through illegal file sharing, 
     downloading, and redistribution over the Internet.
       (17) Millions of Americans are currently downloading 
     television programs, movies, and music on the Internet and by 
     using ``file-sharing'' technology. Much of this activity is 
     illegal, but demonstrates consumers' desire to access digital 
     content.
       (18) This piracy poses a substantial economic threat to 
     America's content industries.
       (19) A solution to this problem is technologically feasible 
     but will require government action, including a mandate to 
     ensure its swift and ubiquitous adoption.
       (20) Providing a secure, protected environment for digital 
     content should be accompanied by a preservation of legitimate 
     consumer expectations regarding use of digital content in the 
     home.
       (21) Secure technological protections should enable content 
     owners to disseminate digital content over the Internet 
     without frustrating consumers' legitimate expectations to use 
     that content in a legal manner.
       (22) Technologies used to protect digital content should 
     facilitate legitimate home use of digital content.
       (23) Technologies used to protect digital content should 
     facilitate individuals' ability to engage in legitimate use 
     of digital content for educational or research purposes.

     SEC. 3. ADOPTION OF SECURITY SYSTEM STANDARDS AND ENCODING 
                   RULES.

       (a) Private Sector Efforts.--
       (1) In general.--The Federal Communications Commission, in 
     consultation with the Register of Copyrights, shall make a 
     determination, not more than 12 months after the date of 
     enactment of this Act, as to whether--
       (A) representatives of digital media device manufacturers, 
     consumer groups, and copyright owners have reached agreement 
     on security system standards for use in digital media devices 
     and encoding rules; and
       (B) the standards and encoding rules conform to the 
     requirements of subsections (d) and (e).
       (2) Report to the Commerce and Judiciary Committees.--
     Within 6 months after the date of enactment of this Act, the 
     Commission shall report to the Senate Committee on Commerce, 
     Science and Transportation, the Senate Committee on the 
     Judiciary, the House of Representatives Committee on 
     Commerce, and the House of Representatives Committee on the 
     Judiciary as to whether--
       (A) substantial progress has been made toward the 
     development of security system standards and encoding rules 
     that will conform to the requirements of subsections (d) and 
     (e);
       (B) private sector negotiations are continuing in good 
     faith;
       (C) there is a reasonable expectation that final agreement 
     will be reached within 1 year after the date of enactment of 
     this Act; and
       (D) if it is unlikely that such a final agreement will be 
     reached by the end of that year, the deadline should be 
     extended.
       (b) Affirmative Determination.--If the Commission makes a 
     determination under subsection (a)(1) that an agreement on 
     security system standards and encoding rules that conform to 
     the requirements of subsections (d) and (e) has been reached, 
     then the Commission shall--
       (1) initiate a rulemaking, within 30 days after the date on 
     which the determination is made, to adopt those standards and 
     encoding rules; and
       (2) publish a final rule pursuant to that rulemaking, not 
     later than 180 days after initiating the rulemaking, that 
     will take effect 1 year after its publication.
       (c) Negative Determination.--If the Commission makes a 
     determination under subsection (a)(1) that an agreement on 
     security system standards and encoding rules that conform to 
     the requirements of subsections (d) and (e) has not been 
     reached, then the Commission--
       (1) in consultation with representatives described in 
     subsection (a)(1)(A) and the Register of Copyrights, shall 
     initiate a rulemaking, within 30 days after the date on which 
     the determination is made, to adopt security system standards 
     and encoding rules that conform to the requirements of 
     subsections (d) and (e); and
       (2) shall publish a final rule pursuant to that rulemaking, 
     not later than 1 year after initiating the rulemaking, that 
     will take effect 1 year after its publication.
       (d) Security System Standards.--In achieving the goals of 
     setting open security system standards that will provide 
     effective security for copyrighted works, the security system 
     standards shall ensure, to the extent practicable, that--
       (1) the standard security technologies are--
       (A) reliable;
       (B) renewable;
       (C) resistant to attack;
       (D) readily implemented;
       (E) modular;
       (F) applicable to multiple technology platforms;
       (G) extensible;
       (H) upgradable;
       (I) not cost prohibitive; and
       (2) any software portion of such standards is based on open 
     source code.
       (e) Encoding Rules.--
       (1) Limitations on the exclusive rights of copyright 
     owners.--In achieving the goal of promoting as many lawful 
     uses of copyrighted works as possible, while preventing as 
     much infringement as possible, the encoding rules shall take 
     into account the limitations on the exclusive rights of 
     copyright owners, including the fair use doctrine.
       (2) Personal use copies.--No person may apply a security 
     measure that uses a standard security technology to prevent a 
     lawful recipient from making a personal copy for lawful use 
     in the home of programming at the time it is lawfully 
     performed, on an over-the-air broadcast, premium or non-
     premium cable channel, or premium or non-premium satellite 
     channel, by a television broadcast station (as defined in 
     section 122(j)(5)(A) of title 17, United States Code), a 
     cable system (as defined in section 111(f) of such title), or 
     a satellite carrier (as defined in section 119(d)(6) of such 
     title).
       (f) Means of Implementing Standards.--The security system 
     standards adopted under subsection (b), (c), or (g) shall 
     provide for secure technical means of implementing directions 
     of copyright owners for copyrighted works.
       (g) Commission May Revise Standards and Rules Through 
     Rulemaking.--
       (1) In general.--The Commission may conduct subsequent 
     rulemakings to modify any security system standards or 
     encoding rules established under subsection (b) or (c) or to 
     adopt new security system standards that conform to the 
     requirements of subsections (d) and (e).
       (2) Consultation required.--The Commission shall conduct 
     any such subsequent rulemaking in consultation with 
     representatives of digital media device manufacturers, 
     consumer groups, and copyright owners described in subsection 
     (a)(1)(A) and with the Register of Copyrights.
       (3) Implementation.--Any final rule published in such a 
     subsequent rulemaking shall--
       (A) apply prospectively only; and
       (B) take into consideration the effect of adoption of the 
     modified or new security system standards and encoding rules 
     on consumers' ability to utilize digital media devices 
     manufactured before the modified or new standards take 
     effect.
       (h) Modification of Technology by Private Sector.--
       (1) In general.--After security system standards have been 
     established under subsection (b), (c), or (g) of this 
     section, representatives of digital media device 
     manufacturers, consumer groups, and copyright owners 
     described in subsection (a)(1)(A) may modify the standard 
     security technology that adheres to the security system 
     standards rules established under this section if those 
     representatives determine that a change in the technology is 
     necessary because--
       (A) the technology in use has been compromised; or
       (B) technological improvements warrant upgrading the 
     technology in use.
       (2) Implementation notification.--The representatives 
     described in paragraph (1) shall notify the Commission of any 
     such modification before it is implemented or, if immediate 
     implementation is determined by the representatives to be 
     necessary, as soon thereafter as possible.

[[Page 3829]]

       (3) Compliance with subsection (d) requirements.--The 
     Commission shall ensure that any modification of standard 
     security technology under this subsection conforms to the 
     requirements of subsection (d).

     SEC. 4. PRESERVATION OF THE INTEGRITY OF SECURITY.

       An interactive computer service shall store and transmit 
     with integrity any security measure associated with standard 
     security technologies that is used in connection with 
     copyrighted material such service transmits or stores.

     SEC. 5. PROHIBITION ON SHIPMENT IN INTERSTATE COMMERCE OF 
                   NONCONFORMING DIGITAL MEDIA DEVICES.

       (a) In General.--A manufacturer, importer, or seller of 
     digital media devices may not--
       (1) sell, or offer for sale, in interstate commerce, or
       (2) cause to be transported in, or in a manner affecting, 
     interstate commerce,
     a digital media device unless the device includes and 
     utilizes standard security technologies that adhere to the 
     security system standards adopted under section 3.
       (b) Exception.--Subsection (a) does not apply to the sale, 
     offer for sale, or transportation of a digital media device 
     that was legally manufactured or imported, and sold to the 
     consumer, prior to the effective date of regulations adopted 
     under section 3 and not subsequently modified in violation of 
     section 6(a).

     SEC. 6. PROHIBITION ON REMOVAL OR ALTERATION OF SECURITY 
                   TECHNOLOGY; VIOLATION OF ENCODING RULES.

       (a) Removal or Alteration of Security Technology.--No 
     person may--
       (1) knowingly remove or alter any standard security 
     technology in a digital media device lawfully transported in 
     interstate commerce; or
       (2) knowingly transmit or make available to the public any 
     copyrighted material where the security measure associated 
     with a standard security technology has been removed or 
     altered, without the authority of the copyright owner.
       (b) Compliance with Encoding Rules.--No person may 
     knowingly apply to a copyrighted work, that has been 
     distributed to the public, a security measure that uses a 
     standard security technology in violation of the encoding 
     rules adopted under section 3.

     SEC. 7. ENFORCEMENT.

       (a) In General.--The provisions of section 1203 and 1204 of 
     title 17, United States Code, shall apply to any violation of 
     this Act as if--
       (1) a violation of section 5 or 6(a)(1) of this Act were a 
     violation of section 1201 of title 17, United States Code; 
     and
       (2) a violation of section 4 or section 6(a)(2) of this Act 
     were a violation of section 1202 of that title.
       (b) Statutory Damages.--A court may award damages for each 
     violation of section 6(b) of not less than $200 and not more 
     than $2,500, as the court considers just.

     SEC. 8. FEDERAL ADVISORY COMMITTEE ACT EXEMPTION.

       The Federal Advisory Committee Act (5 U.S.C. App.) does not 
     apply to any committee, board, commission, council, 
     conference, panel, task force, or other similar group of 
     representatives of digital media devices and representatives 
     of copyright owners convened for the purpose of developing 
     the security system standards and encoding rules described in 
     section 3.

     SEC. 9. DEFINITIONS.

       In this Act:
       (1) Standard security technology.--The term ``standard 
     security technology'' means a security technology that 
     adheres to the security system standards adopted under 
     section 3.
       (2) Interactive computer service.--The term ``interactive 
     computer service'' has the meaning given that term in section 
     230(f) of the Communications Act of 1934 (47 U.S.C. 230(f)).
       (3) Digital media device.--The term ``digital media 
     device'' means any hardware or software that--
       (A) reproduces copyrighted works in digital form;
       (B) converts copyrighted works in digital form into a form 
     whereby the images and sounds are visible or audible; or
       (C) retrieves or accesses copyrighted works in digital form 
     and transfers or makes available for transfer such works to 
     hardware or software described in subparagraph (B).
       (4) Commission.--The term ``Commission'' means the Federal 
     Communications Commission.

     SEC. 10. EFFECTIVE DATE.

       This Act shall take effect on the date of enactment of this 
     Act, except that sections 4, 5, and 6 shall take effect on 
     the day on which the final rule published under section 3(b) 
     or (c) takes effect.
                                 ______
                                 
      By Mr. WELLSTONE (for himself and Mr. Dayton):
  S. 2050. A bill to amend the Internal Revenue Code of 1986 to treat 
nominally foreign corporations created through inversion transactions 
as domestic corporations; to the Committee on Finance.
  Mr. WELLSTONE. Mr. President, I rise to introduce legislation that 
would bar multinational corporations from avoiding millions of dollars 
in taxes through the use of shell corporations in foreign tax havens.
  On February 18 the New York Times in an article entitled ``U.S. 
Corporations Are Using Bermuda to Slash Tax Bills,'' reported that a 
number of prominent U.S. corporations, using creative paperwork, have 
transformed themselves into Bermuda corporations purely to avoid paying 
their share of U.S. taxes. These new Bermuda entities are shell 
corporations. They have no staff, no offices and no real business 
activity in Bermuda. They exist for the purpose of shielding income 
from the IRS.
  How does the ``Bermuda Triangle'' tax loophole work? U.S. companies, 
referred to as ``domestic corporations,'' pay U.S. taxes on their 
worldwide income, whether that income is earned in the United States or 
abroad. Foreign corporations pay U.S. taxes only on income earned in 
the United States.
  Through the use of a process called corporate inversion, a domestic 
company can be ``acquired'' by a shell corporation chartered in a 
foreign county with low or no corporate taxes, Bermuda for example. 
Under such an arrangement, the shareholders of the new foreign parent 
are the same as the shareholders of the old U.S. company. This maneuver 
requires little more than filing of the proper paperwork in the new 
``home'' country and payment of a registration fee. The new foreign 
parent corporation need not have any offices or any staff, and they 
usually don't.
  United States tax law contains many provisions designed to expose 
such creative accounting and to require U.S. companies that are foreign 
in name only to pay the same taxes as other domestic corporations. 
Corporate inversions are designed to exploit a specific loophole in 
current law so that the company is treated as foreign for tax purposes, 
and therefore pays no U.S. taxes on its foreign income.
  My bill closes this loophole in a way that is narrowly tailored to 
capture corporate inversion transactions. In the case of inversion 
``stock swaps'' the bill directs the IRS to look at the ownership of 
the new company to assess whether it is a domestic firm.
  The loophole gives tens of millions of dollars in tax breaks to major 
multinational companies with significant non-U.S. business. It also 
puts other U.S. companies unwilling or unable to use this loophole at a 
competitive disadvantage. No American company should be penalized 
staying put while others renounce U.S. ``citizenship'' for a tax break.
  Of course when some companies don't pay their fair share, the rest of 
American taxpayers and businesses are stuck with the bill. I think I 
can safely say that very few of the small businesses that I visit in 
Detroit Lakes, MN, or Mankato, in Minneapolis, or Duluth can avail 
themselves of the Bermuda Triangle.
  When we have our debate over budget priorities here in the Senate, we 
need to decide whether we are going to go after tax scofflaws or 
instead put these resources into fair tax relief, public investment, or 
saving social security. That's what this legislation is all about. I 
hope colleagues will take a close look and be able to support it.
                                 ______
                                 
      By Mr. REID (for himself, Mr. Hutchinson, Mr. Warner, Mr. Levin, 
        Mr. Daschle, Mr. Lott, Mr. Kennedy, Mr. Thurmond, Mr. 
        Lieberman, Mr. McCain, Mr. Cleland, Mr. Smith of New Hampshire, 
        Ms. Landrieu, Mr. Inhofe, Mr. Reed, Mr. Santorum, Mr. Akaka, 
        Mr. Roberts, Mr. Nelson of Florida, Mr. Allard, Mr. Nelson of 
        Nebraska, Mr. Sessions, Mrs. Carnahan, Ms. Collins, Mr. Dayton, 
        Mr. Bunning, and Mr. Bingaman):
  S. 2051. A bill to remove a condition preventing authority for 
concurrent receipt of military retired pay and veterans' disability 
compensation from taking effect, and for other purposes; to the 
Committee on Armed Services.
  Mr. REID. Mr. President, last Session I, along with 79 cosponsors, 
introduced

[[Page 3830]]

S. 170, ``The Retired Pay Restoration Act of 2001.'' Our bill addressed 
a 110-year-old injustice against over 500 thousand of our Nation's 
veterans. Congress has repeatedly forced the bravest men and women in 
our Nation, retired career veterans, to essentially forgo receipt of a 
portion of their retired pay if they received a disability injury in 
the line of service.
  In October, I introduced an amendment identical to S. 170 for the 
Senate Defense Authorization Bill. The Senate adopted my amendment by 
unanimous consent. Unfortunately, the House choose not to appropriate 
funds for this important measure.
  I rise today to again introduce a bill along with my colleagues Mr. 
Hutchinson, Mr. Warner, Mr. Levin, Mr. Daschle, Mr. Lott, Mr. Kennedy, 
Mr. Thurmond, Mr. Lieberman, Mr. McCain, Mr. Cleland, Mr. Smith of New 
Hampshire, Ms. Landrieu, Mr. Inhofe, Mr. Reed, Mr. Santorum, Mr. Akaka, 
Mr. Roberts, Mr. Nelson of Florida, Mr. Allard, Mr. Nelson of Nebraska, 
Mr. Sessions, Mrs. Carnahan, Ms. Collins, Mr. Dayton, Mr. Bunning, and 
Mr. Bingaman that will correct this inequity for veterans who have 
retired from our Armed Forces with a service-connected disability.
  Our bill will repeal the contingency language enacted in the National 
Defense Authorization Act for Fiscal Year 2002 and thus remove a 
condition preventing authority for concurrent receipt of military 
retired pay and veterans' disability compensation from taking effect. 
It will permit retired members of the Armed Forces who have a service 
connected disability to receive military retirement pay while also 
receiving veterans' disability compensation.
  Congress approved inequitable legislation prohibiting the concurrent 
receipt of military retired pay and VA disability compensation shortly 
after the Civil War, when the standing army of the United States was 
extremely limited. At that time, only a small portion of our armed 
forces consisted of career soldiers.
  Today, nearly one and a half million Americans dedicate their lives 
to the defense of our Nation. The United States' military force is 
unmatched in terms of power, training and ability. Our nation's status 
as the world's only superpower is largely due to the sacrifices our 
veterans made during the last century. Rather than honoring their 
commitment and bravery by fulfilling our obligations, the federal 
government has chosen instead to perpetuate a longstanding injustice. 
Quite simply, this is disgraceful, and we must correct it.
  Once again our Nation is calling upon the members of the Armed Forces 
to defend democracy and freedom. We must send a signal to the men and 
women currently in uniform that our government takes care of those that 
make sacrifices for our Nation. We must demonstrate to veterans that we 
are thankful for their dedicated service.
  Military retirement pay and disability compensation were earned and 
awarded for entirely different purposes. Current law ignores the 
distinction between these two entitlements. Military retired pay is 
earned compensation for the extraordinary demands and sacrifices 
inherent in a military career. It is a reward promised for serving two 
decades or more under conditions that most Americans find intolerable. 
Veterans' disability compensation, on the other hand, is recompense for 
pain, suffering, and lost future earning power caused by a service-
connected illness or injury. Few retirees can afford to live on their 
retired pay alone, and a severe disability only makes the problem worse 
by limiting or denying any post-service working life.
  Career military retired veterans are the only group of Federal 
retirees who are required to waive their retirement pay in order to 
receive VA disability. All other federal employees receive both their 
civil service retirement and VA disability with no offset. Simply put, 
the law discriminates against career military men and women. It 
assumes, in effect, that disabled military retirees neither need nor 
deserve the full compensation they earned for their 20 or more years 
served in uniform.
  This inequity is absurd. How do we explain it to the men and women 
who sacrificed their own safety to protect this great Nation? How do we 
explain this inequity to those members currently risking their lives to 
defeat terror?
  We are currently losing over one thousand World War II veterans each 
day. Every day we delay acting on this legislation means continuing to 
deny fundamental fairness to thousands of men and women. They will 
never have the ability to enjoy their two well-deserved entitlements.
  This bill represents an honest attempt to correct an injustice that 
has existed for far too long. Allowing disabled veterans to receive 
military retired pay and veterans disability compensation concurrently 
will restore fairness to Federal retirement policy.
  This legislation is supported by numerous veterans' service 
organizations, including the Military Coalition, the National Military/
Veterans Alliance, the American Legion, the Disabled American Veterans, 
the Veterans of Foreign Wars, the Paralyzed Veterans of America and the 
Uniformed Services Disabled Retirees.
  Passing this bill will finally eliminate a grossly inequitable 19th 
century law and ensure fairness within the Federal retirement policy. 
Our veterans have heard enough excuses. Now it is time for them to hear 
our gratitude. I urge my colleagues to join me in supporting this 
legislation to finally end this disservice to our retired military men 
and women.
  Our veterans have earned this and now is our chance to honor their 
service to our nation.
  I ask unanimous consent that the text of this legislation be printed 
in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2051

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. EFFECTIVE DATE OF AUTHORITY FOR CONCURRENT RECEIPT 
                   OF MILITARY RETIRED PAY AMD VETERANS' 
                   DISABILITY COMPENSATION.

       (a) Repeal of Contingent Effective Date.--Section 1414 of 
     title 10, United States Code, as added by section 641(a) of 
     the National Defense Authorization Act for Fiscal Year 2002 
     (Public Law 107-107), is amended--
       (1) in subsection (a), by striking ``, subject to the 
     enactment of qualifying offsetting legislation as specified 
     in subsection (f)''; and
       (2) by striking subsections (e) and (f).
       (b) Substitution of Effective Date.--Section 1414 of title 
     10, United States Code, shall apply with respect to months 
     beginning on or after on October 1, 2002.
       (c) Prohibition of Retroactive Benefits.--(1) No benefit 
     may be paid to any person by reason of section 1414 of title 
     10, United States Code, for any period before the date 
     specified in subsection (b).
       (2) Section 641 of the National Defense Authorization Act 
     for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1149) is 
     amended by striking subsection (d).
       (d) Conforming Termination of Special Compensation 
     Program.--(1) Effective on the date specified in subsection 
     (b), section 1413 of title 10, United States Code, is 
     repealed.
       (2) Section 1413 of title 10, United States Code, is 
     amended--
       (A) in subsection (a), by striking the second sentence; and
       (B) in subsection (b)--
       (i) in paragraph (1), by striking ``(1) For payments'' and 
     all that follows through ``December 2002, the following:'';
       (ii) by striking paragraphs (2) and (3); and
       (iii) by redesignating subparagraphs (A), (B), (C), and (D) 
     as paragraphs (1), (2), (3), and (4), respectively, and 
     realigning such paragraphs (as so redesignated) two ems from 
     the left margin.

  Mr. HUTCHINSON. Mr. President, I rise today to join Senator Reid and 
Senator Warner in introducing a bill that will eliminate, once and for 
all, the inequity that our Nation's veterans have been burdened with 
for 110 years. Across this great Nation there are over 400,000 
disabled, military retirees that must give up their retired pay in 
order to receive their VA disability compensation. Military retirees 
are the only group of Federal retirees who are forced to fund their own 
disability benefits.
  Men and women who served our country, who dedicated their lives to 
the defense of freedom, have earned fair compensation. The issue has 
been before

[[Page 3831]]

the Senate for years. Concurrent receipt legislation introduced earlier 
this year by Senator Reid and myself had 79 cosponsors. The Congress 
needs to act this year on this issue.
  This bill will honor Americans who answered our Nation's call for 20 
years or more. They are veterans who stood the line, defending our 
Nation, during times of peace and times of war. Military retirement pay 
and disability compensation are earned and awarded for entirely 
different purposes. Current law ignores the distinction between these 
entitlements. Military retirees have dedicated 20 or more years to our 
national defense in earning their retirement, whereas disability 
compensation is awarded to compensate a veteran for injury incurred in 
service to our Nation. Our veterans have earned and deserve fair 
compensation. I have been a longstanding supporter of efforts to repeal 
the century-old law that prohibits military retirees from collecting 
the retired pay that they earned as well as VA disability compensation.
  Since September 11, the American people have gained a greater 
appreciation of our military. The men and women in uniform have 
performed admirably in the war against terrorism. I recently visited 
our troops in Afghanistan. Their professionalism, their dedication, and 
their patriotism was an inspiration. As we all know, Afghanistan is 
still a very dangerous place. We need to send a message to those 
soldiers that are putting their lives on the line every day that our 
government provides just and fair compensation for those that will have 
gone before them.
  The Fiscal Year 2002 Defense Authorization Act included authority for 
concurrent receipt, but made it subject to offsetting funding. The bill 
we are introducing today moves forward in requiring full concurrent 
receipt, with no restrictions.
  I pledge to continue the fight on this important issue. I look 
forward to joining with Senator Reid in ensuring that the Senate Budget 
Resolution includes full funding for concurrent receipt. I will work 
with Senator Warner and my colleagues on the Senate Armed Services 
Committee to see that the bill we are introducing today is incorporated 
into the Fiscal Year 2003 Defense Authorization bill.
  In closing, I urge my colleagues on both sides of the aisle to 
support this important legislation. Is is simply the right and fair 
thing to do for American veterans.
  Mr. WARNER. Mr. President, I join my colleagues today in introducing 
legislation to allow our disabled military retirees to receive all of 
the compensation they have earned through their service to our Nation.
  With this legislation, we are taking the next critical step in 
eliminating a tremendous injustice that impacts disabled military 
retirees. Many of my colleagues, on both sides of the aisle, have 
joined in cosponsoring this important legislation.
  What is our common goal? To ensure that an important class of 
disabled veterans, military retirees who have suffered disability 
during their years of military service, are fairly and appropriately 
compensated by the Nation they served so well. We cannot and should not 
wait any longer for this to happen.
  Last year, with overwhelming bipartisan support, the Congress 
overturned the 110-year-old prohibition against ``concurrent receipt'' 
as part of the Fiscal Year 2002 National Defense Authorization Act. In 
other words, we repealed the prohibition in law that prevents military 
retirees from receiving both their regular retired pay and veterans 
disability compensation, without a dollar for dollar offset. 
Unfortunately, we did not have the necessary funding to pay for this 
repeal. The resulting compromise in conference was a confidential 
repeal.
  On its face this legislation before us is a somewhat technical 
proposal. By its terms, it simply repeals language enacted in law last 
December that requires the President to propose offsetting legislation 
funding concurrent receipt and requires Congress to pass ``qualifying 
offsetting legislation'' before concurrent receipt of military retired 
pay and veterans' disability compensation can begin. The underlying 
authorization to receive both concurrently, as provided for in the 
Fiscal Year 2002 National Defense Authorization Act, stands. The 
condition which has delayed implementation would be removed by the 
legislation we are introducing today.
  Both Senator Levin as chairman, and I as ranking member of the 
Committee on Armed Services, have requested that the Senate Budget 
Committee include funding in the budget resolution to fund this hard-
earned benefit. I have requested that this funding be included ``above 
the line''--that is, in addition to the President's requested amount 
for defense. In my view, Congress should not be forced to cut the 
President's requested initiatives and programs--which are critical to 
the ongoing war on terrorism, to fund this benefit.
  The House Budget Committee has already included a portion of the 
funds required for ``concurrent receipt'' in their budget resolution, 
``above the line.''
  It is time to move forward on this important issue. The legislation 
we are introducing will permit implementation of the law the Congress 
has already passed, and I am confident that, working with the Budget 
Committee, we can find the money to pay for it.
  Our Nation has no more valuable assets than our men and women in 
uniform. They are called upon to leave their families, deploy to areas 
around the world, and face threats on a daily basis. They are on the 
front lines, defending our freedom. Our Nation must meet its commitment 
to those dedicated Service members. How can we ask the men and women 
who have so faithfully served to sacrifice a portion of their 
retirement because they are also receiving compensation for an injury 
suffered while serving their country?
  Our career military service members were promised health care for 
life for themselves and their families. Two years ago, we the Congress 
acted to make that promise a reality. Yes, there was a significant cost 
associated with providing that care. But there is no cost too high to 
provide for those who ensure our freedom.
  Today we are considering a similar situation. Is the cost too high of 
providing our disabled military retirees both the military retired pay 
they have earned and compensation they are due for a disability they 
received while serving their Nation? I think not.
                                 ______
                                 
      By Mr. ROCKEFELLER:
  S. 2052. A bill to amend part A of title IV of the Social Security 
Act to reauthorize and improve the temporary assistance to needy 
families program, and for other purposes; to the Committee on Finance.
  Mr. ROCKEFELLER. Mr President, I am proud to introduce a bill that 
reauthorizes the landmark welfare reform legislation passed 1996. It 
will allow States to continue their excellent work on behalf of 
families on welfare. This reauthorization bill is designed to allow 
states to continue to provide the flexible initiatives that have 
reduced national welfare caseloads by over 50 percent and moved 
millions of Americans from welfare to work.
  Welfare reform was a bold experiment to dramatically change a major 
social program. In 1996, Congress ended the entitlement of eligible 
families with children to cash aid. The results five years later are 
impressive. Over two-thirds of the people who are leaving the welfare 
rolls have left for work.
  Six years ago, we said the goal of welfare reform should be to 
promote work and to protect children. We stood here together, on 
unchartered ground, and endorsed significant policy changes that we 
believed would help families gain independence and economic self-
sufficiency, while protecting the children. States began to revise 
welfare service delivery with guidance based on the new reforms. Each 
state designed and implemented programs that were unique and specific 
to their populations.
  While there are still many challenges facing families who are 
struggling to make the transition from welfare to work, as well as 
challenges facing

[[Page 3832]]

States in administering the program, I believe that we are on the right 
course. It is essential to keep on course and support the fundamental 
principles adopted in 1996, as well as maintain new State flexibility 
in order to reward and continue the innovations made by the States.
  In West Virginia, welfare reform has brought bold changes. Parents on 
welfare get extra support as they face new responsibilities and 
obligations to make the transition from welfare to jobs. Last summer, I 
hosted a roundtable discussion to meet with individual West Virginians 
who were undergoing major life transitions. They told me that they were 
proud to be working, but that it was often still a struggle to make 
ends meet and do the best for their children. The goal of this 
legislation is to help those parents, and millions more, to promote the 
well-being of their children even as they work.
  Today, I am introducing the Personal Responsibility and Work 
Opportunity Reconciliation Act Amendments of 2002. States are making 
measurable progress. We should continue to build on this foundation, 
and not reduce State flexibility. It is essential we continue welfare 
reform, not unravel it, or restructure it.
  This bill acknowledges that we must keep the focus on work, by both 
requiring and rewarding work. To ensure a real focus on helping parents 
leave welfare rolls for a job, this legislation gradually replaces the 
caseload reduction credit with a new employment credit. States will 
only get a bonus toward their work participation requirement if parents 
move from welfare to a job. This credit will acknowledge the dignity of 
all work by providing a bonus for parents who get jobs, both full and 
part-time. A mother who has never worked in her life and then gets a 
part-time job has had a true accomplishment, and that deserves 
recognition. It is also the first step toward independence.
  I am especially grateful to Senator Lincoln and Congressman Levin for 
their leadership and vision in designing this new incentive. It is an 
empowering approach to promoting work and sends the proper message to 
families who are striving to become self sufficient. I am pleased to 
incorporate their proposal into my bill.
  At this point, with a soft economy, it would be unwise to 
significantly change State TANF programs to impose drastically higher 
work participation rates requiring 40 hours per job placement 
activities would be, plain and simple, an unfunded mandate.
  State officials have testified before the Finance Committee that such 
changes would force States to restructure existing programs that are 
working and turn their focus away from those who need some assistance 
with child care or transportation, but are no longer dependent on a 
welfare check. We should not turn away from helping our working 
families while spending limited resources to meet new, and arbitrary, 
work rates and hours.
  To promote work, it is essential to help working parents. We 
obviously must invest more in child care funding to help parents stay 
on the job. My proposal seeks to increase guaranteed child care funding 
for this provision by $1 billion each year. This increase is designed 
to address existing needs of the current TANF program.
  This bill would continue the transitional Medicaid program so 
families can keep health care coverage for a year as they move from 
welfare to work. In 1996, I was proud to work with Senator Breaux and 
the late Senator John Chafee to protect access to health care for such 
vulnerable families. I have incorporated Senator Breaux's bipartisan 
bill to continue transitional Medicaid coverage and I appreciate his 
leadership on this and other key issues. Our bill also gives states 
more flexibility and options to place parents in vocational training 
and English as a Second Language programs so parents can get jobs. In 
recognition of Maine's success with the Parents as Scholar program, 
states have the option to follow the Maine model for 5 percent of their 
caseload to combine work and education.
  Because States are investing more in the existing welfare program 
than the current $16.5 billion grant, this legislation would provide a 
modest increase of $2.5 billion in the basic TANF block grant over the 
next five years. The new TANF funding would be allocated based on the 
number of poor children. In 1996, Congress promised States that it 
would fully fund the Social Services Block Grant at $2.8 billion 
dollars. The block grant is a flexible resource to states to help 
families, and many States use it for child care. Unfortunately, its 
funding was slashed to $1.7 billion in recent years. I believe that 
since the States kept their promise on welfare reform, Congress should 
keep our promise to fund the Social Services Block Grant.
  The bill also invests $200 million to create BusinessLink Grants, 
competitive grants to support public and private partnerships to help 
parents get jobs. The Welfare-to-Work Partnership is just one example 
of how nonprofits working with business leaders can make a real 
difference. The Partnership includes over 20,000 businesses that have 
provided more than 1 million jobs to parents moving from welfare to 
work. I have met with the board members of this group, and we should 
encourage such partnerships. I know that other groups, like the 
Salvation Army and Good Will, are doing important work on providing 
transitional job opportunities, and these organizations would be 
eligible for grants as well.
  A job is the first step, but for welfare parents to make a successful 
transition to independence, they need a range of supports. To achieve 
this goal, the bill will create Pathways to Self-Sufficiency Grants to 
improve this support network for parents. These grants are intended to 
provide incentives and support to TANF caseworkers and nonprofit 
organizations to help improve the comprehensive network of supports for 
working families, including Medicaid, CHIP, child care, EITC, and a 
range of services. Working mothers deserve to know what type of support 
will be available so that they do not slip back into welfare.
  Work is fundamental, but we also need to be concerned about important 
aspects of the lives of children and children. This legislation creates 
a Family Formation Fund to encourage health families, reduce teenage 
pregnancy, and improve child support and participation of parents in 
children's lives. The bill authorizes Second Chance homes, an 
innovative program to help teenage parents get the support and 
education they need. The bill seeks to end certain discrimination and 
harsh rules for two-parent families in the current system. If our goal 
is to support marriage, we should not penalize married couples.
  Our legislation also makes a simple, but important change. Under the 
current TANF program, each welfare parent has an Individual 
Responsibility Plan that serves as an assessment and work plan. In 
addition to having a responsibility to work, parents have a 
responsibility to protect their children's well-being. To emphasize 
this fundamental point, this bill adds language directing states to 
incorporate the concept of a child's well-being into each parent's 
Individual Responsibility Plan. States have great flexibility, but it 
is important to send a clear message that one of a parent's 
responsibilities is the well-being of their children.
  This legislation builds on the foundation of the 1996 Personal 
Responsibility and Work Opportunity Reconciliation Act. My hope is that 
this framework will help promote bipartisan discussion about how we can 
make even more improvements in our welfare system, while maintaining 
our partnership with the States. We all must work together, the 
Administration, the Congress and the States, to improve our partnership 
to help families move from welfare to work.
  I ask unanimous consent to print the section-by-section summary of my 
bill in the Record.
  There being no objection, the section by section analysis was ordered 
to be printed in the Record, as follows:

                      Section by Section Analysis


                         TITLE I--TANF Funding

       Increase the main TANF grant of $16.5 by adding $2.5 
     billion over 5 years, based on the number of poor children 
     per state. It will

[[Page 3833]]

     gradually increase the TANF block grant from $16.5 billion in 
     2003 to $17.4 billion in 2007.
       The Supplemental Grants are renewed, in an expanded manner, 
     and ``built into'' the main TANF funding stream. Under 
     expansion, 34 States will qualify, compared to 17 States in 
     the past. The new Supplemental Grant is $472,749,000 per 
     year.
       The Contingency Fund is reinstated in a more effective 
     form.
       A $300 million bonus fund is created to reward States which 
     reduce poverty, along the lines of the ``high performance'' 
     bonus. In addition, States which show an increase in child 
     poverty are required to include ``measurable milestones'' in 
     their corrective action plans.
       Reauthorization of other grants, such as bonus grants to 
     high performance states and grants for Indian Tribes, and 
     continuation of penalties for failure of any State to 
     maintain certain level of historic effort.
       Funding for the Social Services Block Grant, SSBG, which 
     funds an array of needed programs including day care, 
     education and training programs, and services for victims of 
     domestic violence, is restored to $2.8 billion per year, as 
     is the 10 percent TANF transfer authority, as promised in the 
     original 1996 welfare reform law.


                       TITLE II--Supporting Work

       Replace caseload reduction credit with employment credit 
     beginning with fiscal year 2005. Employment credit will 
     reward States in which families leave welfare for work; 
     additional credit will be awarded for families leaving 
     welfare with higher earnings.
       Guaranteed funding for the mandatory component of the Child 
     Care Development Block Grant, CCDBG, is increased from $2.7 
     billion to $3.7 billion per year. The TANF transfer authority 
     continues.
       States which adopt a ``Parents as Scholars'' program, which 
     combines work and post-secondary education, may count 
     participants in such a program as meeting the work 
     participation requirements, up to a maximum of 5 percent of a 
     State's caseload. Vocational training and education are 
     permitted to count toward the work participation requirements 
     for up to 24 months, not 12, and teenage mothers completing 
     high school are exempt from the 30 percent cap. States can 
     count up to 10 hours of ESL, with assessment, toward work 
     participation.
       Provide $200 million over five years for new Business Link 
     grants to create public/private partnerships to encourage 
     employers to design innovative ways, including transitional 
     jobs, to help individuals moving from welfare to work.


                     TITLE III--Supporting Families

       Eliminate the stricter work participation requirement for 
     two-parent families.
       States are prohibited from imposing stricter eligibility 
     criteria for two-parent families, such as continuing the AFDC 
     ``100 hour'' rule. In addition, the work participation rate 
     for two-parent families is conformed to that for one-parent 
     families.
       Create a Family Formation Fund to provide $100 million for 
     research, technical assistance, and best practices in three 
     areas, including; 1. formation of two-parent families, 2. 
     reducing teen pregnancy, and 3. increasing the ability of 
     non-custodial parents to support and be involved in their 
     children's lives.
       Since a child's well-being is part of a parent's 
     responsibility, states are directed to include child well-
     being as part of the Individual Responsibility Pan for all 
     parents in the program.


                      TITLE IV--State Flexibility

       New Pathway to Self-Sufficiency Grants, $150 million over 5 
     years, are made available to improve coordination of benefit 
     systems and to conduct outreach to low-income families, 
     working families in particular, to promote enrollment of 
     eligible families in assistance programs. States, local 
     governments, and non-profit organizations are eligible to 
     receive the grants, with a preference for applications which 
     involve collaborations.
       States deserve flexibility and the option to offer wage 
     subsidies to parents who meet the existing work requirements 
     but need modest income support. Such subsidies would be 
     considered ``work supports'' and as such would be treated as 
     work supports, and not count toward the federal 60-month time 
     limit.
       Retain the 20 percent hardship waivers for State 
     flexibility, but allow States that select the Domestic 
     Violence Option to serve the victims of domestic violence as 
     a separate and distinct category, since this option has 
     specific rules, including a 6-month review.
       States operating under 1996 waivers are permitted to 
     continued doing so.
       Provide States with the option to align foster care and 
     adoption assistance eligibility with TANF eligibility. States 
     must retain the income and assets standards for foster care 
     established in the 1996 welfare reform law as the minimum 
     standard, but States would have the option of updating the 
     standards to align them with TANF eligibility. This is 
     designed to streamline administrative work, and is similar to 
     State flexibility to align food stamp vehicle rules to TANF 
     vehicle rules.
       Allow States to cover eligible legal immigrants under TANF, 
     regardless of date of entry.
       Give States more flexibility to transfer TANF funds to 
     carry out existing transportation-for-jobs programs or 
     reverse commute projects.


                       TITLE V--Healthy Children

       Provide transitional Medicaid to parents and children 
     making the transition from welfare to work. Provide States 
     with the option of automatically enrolling families who leave 
     TANF for a job in Medicaid for a full year, without the 
     necessity of reapplying.
       States will have an option to provide Medicaid and CHIP 
     services to legal immigrant children and pregnant women, 
     regardless of date of entry.
       Authorize $32 million for Second Chance Homes for teenage 
     expectant mothers. These facilities allow these girls to live 
     in a safe environment and receive formal and parenting 
     education and prenatal care.


                    TITLE VI--Public Accountability

       To improve accountability, States are required to make 
     public the financial and program data submitted to the 
     Department of Health and Human Services, HHS, when the data 
     is transmitted, including posting the information on the 
     State's web site.
       Under current law, four antidiscrimination statutes apply 
     to activities funded by TANF: the Age Discrimination Act of 
     1975; Section 504 of the Rehabilitation Act of 1973; the 
     Americans with Disabilities Act of 1990; and Title VI of the 
     Civil Rights Act of 1964. GAO is required to conduct a review 
     of how States have complied with the requirements of these 
     laws and make recommendations for improving compliance. HHS 
     is also required to issue a ``best practices'' guide for 
     States in complying with these laws in TANF.
       Ensure that an adult in a family receiving TANF and engaged 
     in a work activity shall not displace any public employee or 
     position.
       Conduct longitudinal studies in 10 States of TANF 
     applicants and recipients to determine the factors that 
     contribute to positive employment and family outcomes.
       A GAO study to determine the impact of the prohibition on 
     SSI benefits for legal immigrants.
       Grant to improve States' policies and procedures for 
     assisting individuals with barriers to work.
       GAO survey and evaluation of State activities on workforce 
     development for professional staff delivery in TANF and TANF-
     related services. The report should assess the range of 
     caseloads and effects of caseload on family outcomes and 
     satisfaction. The survey should provide information on the 
     qualifications, education and training for staff, and the 
     amount of staff turnover.
                                 ______
                                 
      By Mr. FRIST:
  S. 2053. A bill to amend the Public Health Service Act to improve 
immunization rates by increasing the distribution of vaccines and 
improving and clarifying the vaccine injury compensation program, and 
for other purposes; to the Committee on Health, Education, Labor, and 
Pensions.
  Mr. FRIST. Mr. President, I rise today to introduce the ``Vaccine 
Affordability and Availability Act.'' The United States has succeeded 
in dramatically reducing the incidence of disease through the use of 
vaccines. In some cases, we've even been able to eradicate specific 
diseases, including smallpox. Smallpox, which has killed more people 
than any other disease or war in history, has been eradicated by the 
research, development and deployment of vaccines.
  Still, our success should not and must not dampen our resolve for 
combating disease with vaccines. Many vaccine-preventable diseases are 
still increasing morbidity and mortality due to a lack of public 
awareness about the existence and effectiveness of vaccines, and, in 
some cases, due to a shortage of certain vaccines.
  The goal of this bill is to improve how we vaccinate people in 
America today. It would reduce the cost of vaccines, make vaccines more 
accessible, enhance vaccine education, and streamline the vaccine 
compensation program. I urge all of my colleagues, on both sides of the 
aisle, to support this bill and, in so doing, support the prevention of 
disease and the saving of lives.
  We must strengthen our immunization system. We need only look at the 
experiences of three developed countries, Great Britain, Sweden and 
Japan, when they allowed their immunization rates to drop due to fear 
associated with the pertussis, whooping cough, vaccine. In Great 
Britain, a decrease in pertussis immunizations in 1974 resulted in an 
epidemic of more than 100,000 cases of pertussis and 36 deaths by 1978. 
In Japan between 1974 and 1979, pertussis vaccination rates fell from 
70 percent, with 393 cases and no deaths, to around 20 to 40 percent,

[[Page 3834]]

with 13,000 cases and 41 deaths. In Sweden between 1981 and 1985, the 
annual incidence rate of pertussis per 100,000 children 0-6 years of 
age increased from 700 cases to 3,200 cases. Low diphtheria 
immunization rates in the former Soviet Union for children and the lack 
of booster immunizations for adults have increased diphtheria from 839 
cases in 1989 to nearly 50,000 cases and 1,700 deaths in 1994.
  As the General Accounting Office, GAO, described in a March 2000 
report, infectious diseases are responsible for nearly half of all 
deaths worldwide for people under the age of 44. The report further 
states that immunizing children against infectious diseases is 
``considered to be one of the most effective public health initiatives 
ever undertaken'' in the United States and the number of people in the 
United States contracting vaccine-preventable diseases has been reduced 
by more than 95 percent. Every year, millions of children are safely 
vaccinated, preventing thousands of childhood deaths and even more 
debilitating illnesses. While vaccines save lives and save the nation 
from lifelong medical costs associated with contracting vaccine-
preventable diseases, no product is risk-free.
  When Congress passed the National Childhood Vaccine Injury Act in 
1986, it recognized that ``[v]accination of children against deadly, 
disabling, but preventable infectious diseases has been one of the most 
spectacularly effective public health initiatives this country has ever 
undertaken.'' Congress further noted that the ``[u]se of vaccines has 
prevented thousands of children's deaths each year and has 
substantially reduced the effects resulting from disease.'' Congress 
further recognized that the cost of litigation initiated on behalf of 
children claiming vaccine-related injuries has resulted in an enormous 
increase in the price of vaccines and a significant reduction in the 
number of vaccine manufacturers in the U.S. market.
  The Advisory Commission on Childhood Vaccines, ACCV, was established 
pursuant to the 1986 National Childhood Vaccine Injury Act to advise 
the Secretary of HHS on ways to improve the Vaccine Injury Compensation 
Program, which was also established in the same law. Meeting minutes 
from a September 2001 ACCV meeting best sum up the integral connection 
between vaccine supply, production, and liability concerns that our 
bill seeks to address: ``The vaccine supply in the United States is 
becoming quite fragile. Over the last 20 to 30 years, there has been a 
significant decrease in the number of vaccine manufacturers. As a 
result, there is a relatively small group of manufacturers with limited 
manufacturing capability. This fragility compromises the ability to 
meet current vaccine needs and limits capacity to respond to 
emergencies.''
  In the early 1980s, lawsuits alleging vaccine-related injury or death 
threatened vaccine production, availability, cost and even the 
development of new vaccines. Coupled with already low profit margins, 
the vaccine market became unstable. Gross sales of the DTP vaccine in 
1980 for all manufacturers fell to about $3 million. If even a few of 
the vaccinated children experienced adverse reactions to the DTP 
vaccine and recovered $1 million each, for a lifetime of mental 
impairment, then damages would easily exceed total sales. Costs 
associated with researching new vaccines and the uncertainty created by 
liability once the vaccine was approved by the Food and Drug 
Administration and marketed, further jeopardized future vaccine 
development.
  In an attempt to address liability projections, manufacturers either 
raised their prices, the DTP vaccine rose from $.19 in 1980 to more 
than $12.00 by 1986, or left the vaccine market entirely. By the mid-
1980's, the number of manufacturers of DTP vaccine declined from seven 
to one and the Nation experienced a critical shortage of vaccine. As a 
result, we stopped immunizing 2 year olds, leaving them vulnerable to 
whooping cough, diphtheria, and tetanus.
  In 1986, Congress established the Vaccine Injury Compensation 
Program, VICP, as part of the National Childhood Vaccine Injury Act. 
The VICP was created to address two major goals: To provide 
compensation to those who suffered rare but serious side effects from 
vaccines and to stabilize the vaccine production and supply market. The 
VICP was established as a Federal ``no-fault'' compensation system to 
compensate individuals who have been injured by certain covered 
childhood vaccines. While vaccine-injured parties are required to file 
claims under the VICP before filing lawsuits, proof requirements are 
much lower than in court and procedures are simplified for injuries 
that are listed on the Vaccine Injury Table. The balance that was 
struck was that the burden of proving causation was significantly 
reduced for VICP claimants, while the litigation burden on 
manufacturers and administrators of covered vaccines is decreased.
  The Vaccine Affordability and Availability Act seeks to ensure the 
VICP balance between fairness to claimants seeking compensation for 
vaccine-related injury or death and stability for continued vaccine 
production is strengthened. It further addresses the concerns of 
claimants who file for compensation under VICP, in large part based on 
recommendations made by the Advisory Commission on Childhood Vaccines, 
ACCV. Because family plays such an important role in the rehabilitation 
and treatment of a child injured by a vaccine, the legislation allows 
VICP awards to cover family counseling and guardianship costs.
  Additionally, the bill raises the payment ceiling on two capped 
payments that have not been raised since the VICP was implemented in 
1988. The legislation also lengthens the filing deadline so that 
petitioners may have more time to adequately assess the life care and 
medical needs of a vaccine-injured child before filing and adjudicating 
a VICP claim. It also allows claimants to recover interim costs before 
final judgment is reached, to ease the financial strain on petitioners 
for costs associated with filing a VICP claim. The bill also broadened 
the membership criteria so that an adult who has been injured by a 
vaccine may participate on the ACCV. Finally, the legislation makes 
clear that all of these changes apply to pending and future VICP 
claims.
  Today, only two American companies and two European companies sell 
vaccines in the United States. The United States is currently 
experiencing shortages in 5 of the 9 recommended childhood vaccines, 
for which there are only four manufacturers licensed to sell in the 
United States. Once again, the threat of liability and the cost of 
litigation pose challenges to the stability of our vaccine supply. 
According to the March 18, 2002 edition of Forbes magazine, the profit 
margin for vaccines is very slim. Just one of the pending class action 
lawsuits seeks $30 billion in damages. The entire global value of the 
vaccine market, all around the world, is only $5 billion.
  The ``Vaccine Affordability and Availability Act'' simply ensures 
that the VICP's goal of stabilizing the vaccine market is not 
jeopardized. In establishing the VICP in 1986, Congress sought to 
ensure that individuals claiming injury from covered vaccines must 
first file for compensation under the VICP. Some individuals, however, 
have attempted to evade this requirement by arguing, for example, that 
a preservative used in a vaccine, and included in the vaccine's product 
license application and product label, is not itself a ``vaccine'' so 
the VICP restrictions do not apply to claims for injuries caused by 
preservatives. This bill restates the original intent of the law, that 
a vaccine is all the ingredients and components which are approved by 
FDA to be in the product.
  The bill makes necessary clarifications to the VICP to ensure that 
unwarranted litigation does not again destabilize the vaccine market 
causing the few manufacturers licensed to sell vaccines in the United 
States to leave the market resulting in even more serious shortages of 
essential vaccines. It clarifies that a vaccine-injured person must 
timely file a petition and complete the VICP process before third 
parties may bring a civil action in connection with that person's 
injuries.

[[Page 3835]]

The bill adopts the ACCV recommendation that clarifies that certain 
well-defined medical conditions such as structural lesions and genetic 
disorders may be considered to be ``factors unrelated,'' and therefore 
non-compensable under VICP, to a vaccine, even if the exact defect in 
the gene, for example, is unknown. The legislation also clarifies that 
vaccine manufacturers and administrators cannot be sued unless there is 
evidence that a vaccine has caused present physical harm, they cannot 
be sued for medical monitoring to look for some theoretical future 
harm. The bill clarifies the definition of manufacturer to specify that 
a vaccine includes all components or ingredients of the vaccine and 
clarifies the existing law to ensure that any component or ingredient 
listed in a vaccine's product license application or label will not be 
considered to be an adulterant or contaminant. As with the changes we 
are making for VICP claimants, these changes would apply to pending and 
future VICP claims.
  This bill also requires that the Secretary of HHS prioritize, acquire 
and maintain a 6-month supply of vaccines to address future vaccine 
shortages and delays in production and authorizes new funds for this 
purpose. By authorizing additional funding for grants to State and 
local governments to increase influenza immunization rates for high 
risk populations and by authorizing funding to increase immunization 
rates for adolescents and adults who are medically underserved and at-
risk for vaccine-preventable diseases, this bill seeks to meet the 
challenge of improving adolescent and adult immunization rates. 
Finally, it ensures that colleges, universities and prisons are given 
information about the availability of a vaccine for bacterial 
meningitis and that health care clinics and providers are given 
information about the availability of hepatitis A and B vaccines.
  In summary, the ``Vaccine Affordability and Availability Act'' 
clarifies, updates, and streamlines the existing Vaccine Injury 
Compensation Program to address concerns of petitioners to the program, 
to ensure that we are better prepared for normal market shortages and 
delays in production and that unwarranted litigation does not further 
destabilize our vaccine supply. I urge my colleagues to support this 
much needed legislation to improve the way the VICP operates for 
claimants seeking compensation and for manufacturers and administrators 
of vaccines seeking greater certainty in liability exposure, which, in 
turn, will stabilize vaccine production.
  This bill will help to ensure that the balance between the two very 
important goals of the Vaccine Injury Compensation Program is 
maintained: To provide for fair and expeditious compensation for 
persons injured by covered vaccines; and to ensure a stable supply of 
vaccines by avoiding unwarranted litigation relating to vaccine-related 
injuries and deaths. I urge my colleagues to support and pass this much 
needed legislation at a time when liability concerns once again 
threaten our vaccine supply.
  I ask unanimous consent the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2053

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Improved 
     Vaccine Affordability and Availability Act''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.

                     TITLE I--STATE VACCINE GRANTS

Sec. 101. Availability of influenza vaccine.
Sec. 102. Program for increasing immunization rates for adults and 
              adolescents; collection of additional immunization data.
Sec. 103. Immunization awareness.
Sec. 104. Supply of vaccines.

             TITLE II--VACCINE INJURY COMPENSATION PROGRAM

Sec. 201. Administrative revision of vaccine injury table.
Sec. 202. Equitable relief.
Sec. 203. Parent petitions for compensation.
Sec. 204. Jurisdiction to dismiss actions improperly brought. 
Sec. 205. Application.
Sec. 206. Clarification of when injury is caused by factor unrelated to 
              administration of vaccine.
Sec. 207. Increase in award in the case of a vaccine-related death and 
              for pain and suffering.
Sec. 208. Basis for calculating projected lost earnings.
Sec. 209. Allowing compensation for family counseling expenses and 
              expenses of establishing guardianship.
Sec. 210. Allowing payment of interim costs.
Sec. 211. Procedure for paying attorneys' fees.
Sec. 212. Extension of statute of limitations.
Sec. 213. Advisory commission on childhood vaccines.
Sec. 214. Clarification of standards of responsibility.
Sec. 215. Clarification of definition of manufacturer.
Sec. 216. Clarification of definition of vaccine-related injury or 
              death.
Sec. 217. Clarification of definition of vaccine.
Sec. 218. Conforming amendment to trust fund provision.
Sec. 219. Ongoing review of childhood vaccine data.
Sec. 220. Pending actions.
Sec. 221. Report.

                     TITLE I--STATE VACCINE GRANTS

     SEC. 101. AVAILABILITY OF INFLUENZA VACCINE.

       Section 317(j) of the Public Health Service Act (42 U.S.C. 
     247b(j)) is amended by adding at the end the following:
       ``(3)(A) For the purpose of carrying out activities 
     relating to influenza vaccine under the immunization program 
     under this subsection, there are authorized to be 
     appropriated such sums as may be necessary for each of fiscal 
     years 2003 and 2004. Such authorization shall be in addition 
     to amounts available under paragraphs (1) and (2) for such 
     purpose.
       ``(B) The authorization of appropriations established in 
     subparagraph (A) shall not be effective for a fiscal year 
     unless the total amount appropriated under paragraphs (1) and 
     (2) for the fiscal year is not less than such total for 
     fiscal year 2000.
       ``(C) The purposes for which amounts appropriated under 
     subparagraph (A) are available to the Secretary include 
     providing for improved State and local infrastructure for 
     influenza immunizations under this subsection in accordance 
     with the following:
       ``(i) Increasing influenza immunization rates in 
     populations considered by the Secretary to be at high risk 
     for influenza-related complications and in their contacts.
       ``(ii) Recommending that health care providers actively 
     target influenza vaccine that is available in September, 
     October, and November to individuals who are at increased 
     risk for influenza-related complications and to their 
     contacts.
       ``(iii) Providing for the continued availability of 
     influenza immunizations through December of such year, and 
     for additional periods to the extent that influenza vaccine 
     remains available.
       ``(iv) Encouraging States, as appropriate, to develop 
     contingency plans (including plans for public and 
     professional educational activities) for maximizing influenza 
     immunizations for high-risk populations in the event of a 
     delay or shortage of influenza vaccine.
       ``(D) The Secretary shall submit to the Committee on Energy 
     and Commerce of the House of Representatives, and the 
     Committee on Health, Education, Labor, and Pensions of the 
     Senate, periodic reports describing the activities of the 
     Secretary under this subsection regarding influenza vaccine. 
     The first such report shall be submitted not later than June 
     6, 2003, the second report shall be submitted not later than 
     June 6, 2004, and subsequent reports shall be submitted 
     biennially thereafter.''.

     SEC. 102. PROGRAM FOR INCREASING IMMUNIZATION RATES FOR 
                   ADULTS AND ADOLESCENTS; COLLECTION OF 
                   ADDITIONAL IMMUNIZATION DATA.

       (a) Activities of Centers for Disease Control and 
     Prevention.--Section 317(j) of the Public Health Service Act 
     (42 U.S.C. 247b(j)), as amended by section 101, is further 
     amended by adding at the end the following:
       ``(4)(A) For the purpose of carrying out activities to 
     increase immunization rates for adults and adolescents 
     through the immunization program under this subsection, and 
     for the purpose of carrying out subsection (k)(2), there are 
     authorized to be appropriated $50,000,000 for fiscal year 
     2003, and such sums as may be necessary for each of the 
     fiscal years 2004 through 2006. Such authorization is in 
     addition to amounts available under paragraphs (1), (2), and 
     (3) for such purposes.
       ``(B) In expending amounts appropriated under subparagraph 
     (A), the Secretary shall give priority to adults and 
     adolescents who are medically underserved and are at risk for 
     vaccine-preventable diseases, including as appropriate 
     populations identified through projects under subsection 
     (k)(2)(E).
       ``(C) The purposes for which amounts appropriated under 
     subparagraph (A) are available include (with respect to 
     immunizations for adults and adolescents) the payment of

[[Page 3836]]

     the costs of storing vaccines, outreach activities to inform 
     individuals of the availability of the immunizations, and 
     other program expenses necessary for the establishment or 
     operation of immunization programs carried out or supported 
     by States or other public entities pursuant to this 
     subsection.
       ``(5) The Secretary shall annually submit to Congress a 
     report that--
       ``(A) evaluates the extent to which the immunization system 
     in the United States has been effective in providing for 
     adequate immunization rates for adults and adolescents, 
     taking into account the applicable year 2010 health 
     objectives established by the Secretary regarding the health 
     status of the people of the United States; and
       ``(B) describes any issues identified by the Secretary that 
     may affect such rates.
       ``(6) In carrying out this subsection and paragraphs (1) 
     and (2) of subsection (k), the Secretary shall consider 
     recommendations regarding immunizations that are made in 
     reports issued by the Institute of Medicine.''.
       (b) Research, Demonstrations, and Education.--Section 
     317(k) of the Public Health Service Act (42 U.S.C. 247b(k)) 
     is amended--
       (1) by redesignating paragraphs (2) through (4) as 
     paragraphs (3) through (5), respectively; and
       (2) by inserting after paragraph (1) the following:
       ``(2) The Secretary, directly and through grants under 
     paragraph (1), shall provide for a program of research, 
     demonstration projects, and education in accordance with the 
     following:
       ``(A) The Secretary shall coordinate with public and 
     private entities (including nonprofit private entities), and 
     develop and disseminate guidelines, toward the goal of 
     ensuring that immunizations are routinely offered to adults 
     and adolescents by public and private health care providers.
       ``(B) The Secretary shall cooperate with public and private 
     entities to obtain information for the annual evaluations 
     required in subsection (j)(5)(A).
       ``(C) The Secretary shall (relative to fiscal year 2001) 
     increase the extent to which the Secretary collects data on 
     the incidence, prevalence, and circumstances of diseases and 
     adverse events that are experienced by adults and adolescents 
     and may be associated with immunizations, including 
     collecting data in cooperation with commercial laboratories.
       ``(D) The Secretary shall ensure that the entities with 
     which the Secretary cooperates for purposes of subparagraphs 
     (A) through (C) include managed care organizations, 
     community-based organizations that provide health services, 
     and other health care providers.
       ``(E) The Secretary shall provide for projects to identify 
     racial and ethnic minority groups and other health disparity 
     populations for which immunization rates for adults and 
     adolescents are below such rates for the general population, 
     and to determine the factors underlying such disparities.''.

     SEC. 103. IMMUNIZATION AWARENESS.

       (a) Development of Information Concerning Meningitis.--
       (1) In general.--The Secretary of Health and Human 
     Services, in consultation with the Director of the Centers 
     for Disease Control and Prevention, shall develop and make 
     available to entities described in paragraph (2) information 
     concerning bacterial meningitis and the availability and 
     effectiveness of vaccinations for populations targeted by the 
     Advisory Committee of Immunization Practices (an advisory 
     committee established by the Secretary Health and Human 
     Services, acting through the Centers for Disease Control and 
     Prevention).
       (2) Entities.--An entity is described in this paragraph if 
     the entity--
       (A) is--
       (i) a college or university; or
       (ii) a prison or other detention facility; and
       (B) is determined appropriate by the Secretary of Health 
     and Human Services.
       (b) Development of Information Concerning Hepatitis.--
       (1) In general.--The Secretary of Health and Human 
     Services, in consultation with the Director of the Centers 
     for Disease Control and Prevention, shall develop and make 
     available to entities described in paragraph (2) information 
     concerning hepatitis A and B and the availability and 
     effectiveness of vaccinations with respect to such diseases.
       (2) Entities.--An entity is described in this paragraph if 
     the entity--
       (A) is--
       (i) a health care clinic that serves individuals diagnosed 
     as being infected with HIV or as having other sexually 
     transmitted diseases;
       (ii) an organization or business that counsels individuals 
     about international travel or who arranges for such travel;
       (iii) a police, fire or emergency medical services 
     organization that responds to natural or man-made disasters 
     or emergencies;
       (iv) a prison or other detention facility;
       (v) a college or university; or
       (vi) a public health authority or children's health service 
     provider in areas of intermediate or high endemnicity for 
     hepatitis A as defined by the Centers for Disease Control and 
     Prevention; and
       (B) is determined appropriate by the Secretary of Health 
     and Human Services.

     SEC. 104. SUPPLY OF VACCINES.

       (a) In General.--The Secretary of Health and Human 
     Services, acting through the Director of the Centers for 
     Disease Control and Prevention, shall prioritize, acquire, 
     and maintain a supply of such prioritized vaccines sufficient 
     to provide vaccinations throughout a 6-month period.
       (b) Proceeds.--Any proceeds received by the Secretary of 
     Health and Human Services from the sale of vaccines contained 
     in the supply described in subsection (a), shall be available 
     to the Secretary for the purpose of purchasing additional 
     vaccines for the supply. Such proceeds shall remain available 
     until expended.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated for the purpose of carrying out subsection 
     (a) such sums as may be necessary for each of fiscal years 
     2003 through 2008.

             TITLE II--VACCINE INJURY COMPENSATION PROGRAM

     SEC. 201. ADMINISTRATIVE REVISION OF VACCINE INJURY TABLE.

       The second sentence of section 2114(c)(1) of the Public 
     Health Service Act (42 U.S.C. 300aa-14(c)(1)) is amended to 
     read as follows: ``In promulgating such regulations, the 
     Secretary shall provide for notice and for at least 90 days 
     opportunity for public comment.''.

     SEC. 202. EQUITABLE RELIEF.

       Section 2111(a)(2)(A) of the Public Health Service Act (42 
     U.S.C. 300aa-11(a)(2)(A)) is amended by striking ``No 
     person'' and all that follows through ``and--'' and inserting 
     the following: ``No person may bring or maintain a civil 
     action against a vaccine administrator or manufacturer in a 
     State or Federal court for damages arising from, or equitable 
     relief relating to, a vaccine-related injury or death 
     associated with the administration of a vaccine after October 
     1, 1988 and no such court may award damages or equitable 
     relief for any such vaccine-related injury or death, unless 
     the person proves present physical injury and a timely 
     petition has been filed, in accordance with section 2116 for 
     compensation under the Program for such injury or death and--
     ''.

     SEC. 203. PARENT PETITIONS FOR COMPENSATION.

       Section 2111(a)(2) of the Public Health Service Act (42 
     U.S.C. 300aa-(a)(2)) is amended--
       (1) in subparagraph (B), by inserting ``or (B)'' after 
     ``subparagraph (A)'';
       (2) by redesignating subparagraph (B) as subparagraph (C); 
     and
       (3) by inserting after subparagraph (A) the following:
       ``(B) No parent or other third party may bring or maintain 
     a civil action against a vaccine administrator or 
     manufacturer in a Federal or State court for damages or 
     equitable relief relating to a vaccine-related injury or 
     death, including but not limited to damages for loss of 
     consortium, society, companionship or services, loss of 
     earnings, medical or other expenses, and emotional distress, 
     and no court may award damages or equitable relief in such an 
     action unless the action is joined with a civil action 
     brought by the person whose vaccine-related injury is the 
     basis for the parent's or other third party's action and that 
     person has satisfied the conditions of subparagraph (A).''.

     SEC. 204. JURISDICTION TO DISMISS ACTIONS IMPROPERLY BROUGHT.

       Section 2111(a)(3) of the Public Health Service Act (42 
     U.S.C. 300aa-11(a)(3)) is amended by adding at the end the 
     following: ``If any civil action which is barred under 
     subparagraph (A) or (B) of paragraph (2) is filed or 
     maintained in a State court, or any vaccine administrator or 
     manufacturer is made a party to any civil action brought in 
     State court (other than a civil action which may be brought 
     under paragraph (2)) for damages or equitable relief for a 
     vaccine-related injury or death associated with the 
     administration of a vaccine after October 1, 1988, the civil 
     action may be removed by the defendant or defendants to the 
     United States Court of Federal Claims, which shall have 
     jurisdiction over such civil action, and which shall dismiss 
     such action. The notice required by section 1446 of title 28, 
     United States Code, shall be filed with the United States 
     Court of Federal Claims, and that court shall proceed in 
     accordance with sections 1446 through 1451 of title 28, 
     United States Code.''.

     SEC. 205. APPLICATION.

       Section 2111(a)(9) of the Public Health Service Act (42 
     U.S.C. 300aa-11(a)(9)) is amended by striking ``This'' and 
     inserting ``Except as provided in subsection(a)(2), this''.

     SEC. 206. CLARIFICATION OF WHEN INJURY IS CAUSED BY FACTOR 
                   UNRELATED TO ADMINISTRATION OF VACCINE.

       Section 2113(a)(2)(B) of the Public Health Service Act (42 
     U.S.C. 300aa-13(a)(2)(B)) is amended--
       (1) by inserting ``structural lesions, genetic disorders,'' 
     after ``and related anoxia)'';
       (2) by inserting ``(without regard to whether the cause of 
     the infection, toxin, trauma, structural lesion, genetic 
     disorder, or metabolic disturbance is known)'' after 
     ``metabolic disturbances''; and
       (3) by striking ``but'' and inserting ``and''.

[[Page 3837]]

     SEC. 207. INCREASE IN AWARD IN THE CASE OF A VACCINE-RELATED 
                   DEATH AND FOR PAIN AND SUFFERING.

       Section 2115(a) of the Public Health Service Act (42 U.S.C. 
     300aa-15(a)) is amended--
       (1) in paragraph (2), by striking ``$250,000'' and 
     inserting ``$350,000''; and
       (2) in paragraph (4), by striking ``$250,000'' and 
     inserting ``$350,000''.

     SEC. 208. BASIS FOR CALCULATING PROJECTED LOST EARNINGS.

       Section 2115(a)(3)(B) of the Public Health Service Act (42 
     U.S.C. 300aa-15(a)(3)(B)) is amended by striking ``loss of 
     earnings'' and all that follows and inserting the following: 
     ``loss of earnings determined on the basis of the annual 
     estimate of the average (mean) gross weekly earnings of wage 
     and salary workers age 18 and over (excluding the 
     incorporated self-employed) in the private non-farm sector 
     (which includes all industries other than agricultural 
     production crops and livestock), as calculated annually by 
     the Bureau of Labor Statistics from the quarter sample data 
     of the Current Population Survey, or as calculated by such 
     similar method as the Secretary may prescribe by regulation, 
     less appropriate taxes and the average cost of a health 
     insurance policy, as determined by the Secretary.''.

     SEC. 209. ALLOWING COMPENSATION FOR FAMILY COUNSELING 
                   EXPENSES AND EXPENSES OF ESTABLISHING 
                   GUARDIANSHIP.

       (a) Family Counseling Expenses in Post-1988 Cases.--Section 
     2115(a) of the Public Health Service Act (42 U.S.C. 300aa-
     15(a)) is amended by adding at the end to following:
       ``(5) Actual unreimbursable expenses that have been or will 
     be incurred for family counseling as is determined to be 
     reasonably necessary and that result from the vaccine-related 
     injury from which the petitioner seeks compensation.''.
       (b) Expenses of Establishing Guardianships in Post-1988 
     Cases.--Section 2115(a) of the Public Health Service Act (42 
     U.S.C. 300aa-15(a)), as amended by subsection (a), is further 
     amended by adding at the end the following:
       ``(6) Actual unreimbursable expenses that have been, or 
     will be reasonably incurred to establish and maintain a 
     guardianship or conservatorship for an individual who has 
     suffered a vaccine-related injury, including attorney fees 
     and other costs incurred in a proceeding to establish and 
     maintain such guardianship or conservatorship.''.
       (c) Conforming Amendment for Cases From 1988 and Earlier.--
     Section 2115(b) of the Public Health Service Act (42 U.S.C. 
     300aa-15(b)) is amended--
       (1) in paragraph (2), by striking ``and'' at the end;
       (2) in paragraph (3), by inserting a closed parenthesis 
     before the period in that paragraph;
       (3) by redesignating paragraph (3) as paragraph (5); and
       (4) by inserting after paragraph (2), the following:
       ``(3) family counseling expenses (as provided for in 
     paragraph (5) of subsection (a));
       ``(4) expenses of establishing guardianships (as provided 
     for in paragraph (6) of subsection (a)); and''.

     SEC. 210. ALLOWING PAYMENT OF INTERIM COSTS.

       Section 2115(e) of the Public Health Service Act (42 U.S.C. 
     300aa-15(e)) is amended by adding at the end the following:
       ``(4) A special master or court may make an interim award 
     of costs if--
       ``(A) the case involves a vaccine administered on or after 
     October 1, 1988;
       ``(B) the award is limited to other costs (within the 
     meaning of paragraph (1)(B)) incurred in the proceeding; and
       ``(C) the petitioner provides documentation verifying the 
     expenditure of the amount for which compensation is 
     sought.''.

     SEC. 211. PROCEDURE FOR PAYING ATTORNEYS' FEES.

       Section 2115(e) of the Public Health Service Act (42 U.S.C. 
     300aa-15(e)), as amended by section 205, is further amended 
     by adding at the end the following:
       ``(5) When a special master or court awards attorney fees 
     or costs under paragraph (1) or (4), it may order that such 
     fees or costs be payable solely to the petitioner's attorney 
     if--
       ``(A) the petitioner expressly consents; or
       ``(B) the special master or court determines, after 
     affording to the Secretary and to all interested persons the 
     opportunity to submit relevant information, that--
       ``(i) the petitioner cannot be located or refuses to 
     respond to a request by the special master or court for 
     information, and there is no practical alternative means to 
     ensure that the attorney will be reimbursed for such fees or 
     costs expeditiously; or
       ``(ii) there are otherwise exceptional circumstances and 
     good cause for paying such fees or costs solely to the 
     petitioner's attorney.''.

     SEC. 212. EXTENSION OF STATUTE OF LIMITATIONS.

       (a) General Rule.--Section 2116(a) of the Public Health 
     Service Act (42 U.S.C. 300aa-16(a)) is amended--
       (1) in paragraph (2) by striking ``36 months'' and 
     inserting ``6 years''; and
       (2) in paragraph (3), by striking ``48 months'' and 
     inserting ``6 years''.
       (b) Claims Based on Revisions to Table.--Strike all of 
     section 2116(b) of the Public Health Service Act (42 U.S.C. 
     300aa-16(b)) and insert the following:
       ``(b) Effect of Revised Table.--If at any time the Vaccine 
     Injury Table is revised and the effect of such revision is to 
     make an individual eligible for compensation under the 
     program, where, before such revision, such individual was not 
     eligible for compensation under the program, or to 
     significantly increase the likelihood that an individual will 
     be able to obtain compensation under the program, such person 
     may, and must before filing a civil action for equitable 
     relief or monetary damages, notwithstanding section 
     2111(b)(2), file a petition for such compensation if--
       ``(1) the vaccine-related death or injury with respect to 
     which the petition is filed occurred not more than 8 years 
     before the effective date of the revision of the table; and
       ``(2) either--
       ``(A) the petition satisfies the conditions described in 
     subsection (a); or
       ``(B) the date of the occurrence of the first symptom or 
     manifestation of onset of the injury occurred more than 4 
     years before the petition is filed, and the petition is filed 
     not more than 2 years after the effective date of the 
     revision of the table.''.

     SEC. 213. ADVISORY COMMISSION ON CHILDHOOD VACCINES.

       (a) Selection of Persons Injured by Vaccines as Public 
     Members.--Section 2119(a)(1)(B) of the Public Health Service 
     Act (42 U.S.C. 300aa-19(a)(1)(B)) is amended by striking ``of 
     whom'' and all that follows and inserting the following: ``of 
     whom 1 shall be the legal representative of a child who has 
     suffered a vaccine-related injury or death, and at least 1 
     other shall be either the legal representative of a child who 
     has suffered a vaccine-related injury or death or an 
     individual who has personally suffered a vaccine-related 
     injury.''.
       (b) Mandatory Meeting Schedule Eliminated.--Section 2119(c) 
     of the Public Health Service Act (42 U.S.C. 300aa-19(c)) is 
     amended by striking ``not less often than four times per year 
     and''.

     SEC. 214. CLARIFICATION OF STANDARDS OF RESPONSIBILITY.

       (a) General Rule.--Section 2122(a) of the Public Health 
     Service Act (42 U.S.C. 300aa-22(a)) is amended by striking 
     ``and (e) State law shall apply to a civil action brought for 
     damages'' and inserting ``(d), and (f) State law shall apply 
     to a civil action brought for damages or equitable relief''; 
     and
       (b) Unavoidable Adverse Side Effects.--Section 2122(b)(1) 
     of the Public Health Service Act (42 U.S.C. 300aa-22(b)(1)) 
     is amended by inserting ``or equitable relief'' after ``for 
     damages''.
       (c) Direct Warnings.--Section 2122(c) of the Public Health 
     Service Act (42 U.S.C. 300aa-22(c)) is amended by inserting 
     ``or equitable relief'' after ``for damages''.
       (d) Construction.--Section 2122(d) of the Public Health 
     Service Act (42 U.S.C. 300aa-22(d)) is amended--
       (1) by inserting ``or equitable relief'' after ``for 
     damages''; and
       (2) by inserting ``or relief'' after ``which damages''.
       (e) Present Physical Injury.--Section 2122 of the Public 
     Health Service Act (42 U.S.C. 300aa-22) is amended--
       (1) by redesignating subsections (d) and (e) as subsections 
     (e) and (f), respectively; and
       (2) by inserting after subsection (c) the following:
       ``(d) Present Physical Injury.--No vaccine manufacturer or 
     vaccine administrator shall be liable in a civil action 
     brought after October 1, 1988, for equitable or monetary 
     relief absent proof of present physical injury from the 
     administration of a vaccine, nor shall any vaccine 
     manufacturer or vaccine administrator be liable in any such 
     civil action for claims of medical monitoring, or increased 
     risk of harm.''.

     SEC. 215. CLARIFICATION OF DEFINITION OF MANUFACTURER.

       Section 2133(3) of the Public Health Service Act (42 U.S.C. 
     300aa-33(3)) is amended--
       (1) in the first sentence, by striking ``under its label 
     any vaccine set forth in the Vaccine Injury Table'' and 
     inserting ``any vaccine set forth in the Vaccine Injury 
     table, including any component or ingredient of any such 
     vaccine''; and
       (2) in the second sentence, by inserting ``including any 
     component or ingredient of any such vaccine'' before the 
     period.

     SEC. 216. CLARIFICATION OF DEFINITION OF VACCINE-RELATED 
                   INJURY OR DEATH.

       Section 2133(5) of the Public Health Service Act (42 U.S.C. 
     300aa-33(5)) is amended by adding at the end the following: 
     ``For purposes of the preceding sentence, an adulterant or 
     contaminant shall not include any component or ingredient 
     listed in a vaccine's product license application or product 
     label.''.

     SEC. 217. CLARIFICATION OF DEFINITION OF VACCINE.

       Section 2133 of the Public Health Service Act (42 U.S.C. 
     300aa-33) is amended by adding at the end the following:
       ``(7) The term `vaccine' means any preparation or 
     suspension, including but not limited to a preparation or 
     suspension containing an attenuated or inactive microorganism 
     or subunit thereof or toxin, developed or administered to 
     produce or enhance the body's immune response to a disease or 
     diseases and

[[Page 3838]]

     includes all components and ingredients listed in the 
     vaccines's product license application and product label.''.

     SEC. 218. CONFORMING AMENDMENT TO TRUST FUND PROVISION.

       Section 9510(c)(1)(A) of the Internal Revenue Code of 1986 
     is amended by striking ``October 18, 2000'' and inserting 
     ``the effective date of the Improved Vaccine Affordability 
     and Availability Act''.

     SEC. 219. ONGOING REVIEW OF CHILDHOOD VACCINE DATA.

       Part C of title XXI of the Public Health Service Act (42 
     U.S.C. 300a-25 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 2129. ONGOING REVIEW OF CHILDHOOD VACCINE DATA.

       ``(a) In General.--Not later than 6 months after the date 
     of enactment of this section, the Secretary shall enter into 
     a contract with the Institute of Medicine of the National 
     Academy of Science under which the Institute shall conduct an 
     ongoing, comprehensive review of new scientific data on 
     childhood vaccines (according to priorities agreed upon from 
     time to time by the Secretary and the Institute of Medicine).
       ``(b) Reports.--Not later than 3 years after the date on 
     which the contract is entered into under paragraph (1), the 
     Institute of Medicine shall submit to the Secretary a report 
     on the findings of studies conducted, including findings as 
     to any adverse events associated with childhood vaccines, 
     including conclusions concerning causation of adverse events 
     by such vaccines, together with recommendations for changes 
     in the Vaccine Injury Table, and other appropriate 
     recommendations, based on such findings and conclusions.
       ``(c) Failure To Enter Into Contract.--If the Secretary and 
     the Institute of Medicine are unable to enter into the 
     contract described in paragraph (1), the Secretary shall 
     enter into a contract with another qualified nongovernmental 
     scientific organization for the purposes described in 
     paragraphs (1) and (2).
       ``(d) Authorization of Appropriations.--To carry out this 
     section, there are authorized to be appropriated such sums as 
     may be necessary for each of fiscal years 2003, 2004, 2005 
     and 2006.''.

     SEC. 220. PENDING ACTIONS.

       The amendments made by this title shall apply to all 
     actions or proceedings pending on or after the date of 
     enactment of this Act.

     SEC. 221. REPORT.

       Not later than 1 year after the date of enactment of this 
     Act, the Secretary of Health and Human Services shall submit 
     recommendations regarding how to address the growing surplus 
     in the Vaccine Trust Fund, and the rationale for such 
     recommendations to--
       (1) the Health, Education, Labor and Pensions Committee of 
     the Senate;
       (2) the Finance Committee of the Senate;
       (3) the Energy and Commerce Committee of the House of 
     Representatives; and
       (4) the Ways and Means Committee of the House of 
     Representatives.
                                 ______
                                 
      By Ms. CANTWELL:
  S. 2055. A bill to make grants to train sexual assault nurse 
examiners, law enforcement personnel, and first responders in the 
handling of sexual assault cases, to establish minimum standards for 
forensic evidence collection kits, to carry out DNA analyses of samples 
from crime scenes, and for other purposes; to the Committee on the 
Judiciary.
  Ms. CANTWELL. Mr. President, I rise today to introduce the Debbie 
Smith Act, a bill to provide law enforcement the tools to track and 
convict sexual assailants, and to help ensure that rape survivors are 
provided prompt treatment that also provides the dignity and respect 
they deserve. This bill addresses a serious problem in this country, 
the huge DNA backlog and uneven processing of DNA evidence in rape 
cases.
  According to the Department of Justice, somewhere in America, a woman 
is raped every two minutes. One in three women will be raped in her 
lifetime. In my home State of Washington the number of sexual assaults 
is even higher. According to the Washington State Office of Crime 
Victims Advocacy 38 percent of women in my State have been sexually 
assaulted. This is unacceptable.
  Debbie Smith, is a native of Roanoke, VA, who was brutally raped in 
the woods behind her house in March 1989. Six years later, because 
evidence had been properly preserved, her assailant's DNA profile was 
cross-referenced with the Virginia DNA Databank and was found to match 
the DNA of a current prison inmate. He was convicted of the rape and 
was sentenced to two life terms plus 25 years. Debbie Smith has since 
become a national spokesperson on the importance of collecting and 
analyzing DNA samples.
  As Debbie Smith and women in my State have come to know collecting, 
analyzing, and entering this critical DNA information evidence into the 
Combined DNA System, CODIS, database is often the key to finding and 
convicting a sexual assailant and stopping him from attacking again. 
Unfortunately, many jurisdictions throughout the country do not have 
the funding for this simple, yet vital process. Consequently, crime 
scene kits go unanalyzed and valuable DNA information is lost forever.
  Today, over 20,000 DNA samples are sitting useless in storage. These 
samples could be holding the clues needed to solve crimes, or even to 
track a serial rapist. This means 20,000 women who had the courage to 
report their rape may never find the peace of mind of someone knowing 
their assailant has been caught.
  By authorizing funding to carry out analyses on crime scenes samples 
and cross-reference DNA evidence with crime databanks, this bill 
provides law enforcement with the tools necessary for an effective and 
successful criminal investigation.
  The bill also provides grants to broaden the use of the Sexual 
Assault Nurse Examiners program. The SANE program provides nurses and 
first responders with specific training so that critical forensic 
evidence is thoroughly collected and documented and that sexual assault 
survivors are treated with professional care in a confidential and 
sensitive environment. SANE nurses can make the difference to women 
facing one of the most difficult events of their lives. And, SANE 
nurses can make the difference in sending valuable information to crime 
laboratories rather than improperly collected evidence that is 
impossible to analyze.
  In 1995, a young woman at home in Olympia, WA, was raped at gunpoint. 
At St. Peter Hospital later that night, she said the SANE nurses who 
collected DNA evidence after the assault ``made [her] feel at ease, 
more confident, and more comfortable.'' The SANE nurses' training in 
proper evidence collection proved equally valuable. The DNA evidence 
collected, when cross-referenced with the CODIS was databank matched 
that of a convicted serial rapist Jeffrey Paul McKechnie, the ``I-5 
Rapist,'' resulting in his conviction for the crime.
  This bill is a reasonable and necessary step that needs to be taken 
to address the backlog of DNA samples from rape cases across the 
country, and to broaden the use of the SANE program to improve and 
standardize the collection of forensic evidence while also addressing 
the physical and psychological needs of the victim. This bill makes 
sure that we can catch the next Jeffrey Paul McKechnie and make our 
streets safer. I look forward to working with my colleagues to pass 
this bill and get the necessary funding to address the DNA backlog in 
this critical area once and for all.
                                 ______
                                 
      By Mr. NELSON of Florida (for himself and Mrs. Carnahan):
  S. 2056. A bill to ensure the independence of accounting firms that 
provide auditing services to publicly traded companies and of 
executives, audit committees, and financial compensation committees of 
such companies, and for other purposes; to the Committee on Banking, 
Housing, and Urban Affairs.
  Mr. NELSON of Florida. Mr. President, I rise today to introduce the 
Integrity in Auditing Act. I am introducing this bill with my colleague 
from the Commerce Committee, Senator Jean Carnahan of Missouri. This 
legislation presents a comprehensive approach to securities reform as a 
key element in protecting America's shareholders and consumers in our 
capitalist system. We look forward to the Commerce Committee's 
Subcommittee on Consumer Affairs, Foreign Commerce and Tourism hearings 
in April on these issues.
  I am focusing my review of the Enron collapse on institutional 
investors, like State pension funds representing the guaranteed 
retirement plans of our police officers, firefighters, teachers, and 
other State and local workers. The Florida Pension Fund took a bath 
from investing in Enron, and it cost my

[[Page 3839]]

State plenty. I want to protect the taxpayers and prevent large losses 
in our public pension systems in the future.
  The legislation I am introducing today addresses the safety nets 
intended to protect investors like State pension funds against abuses. 
The Integrity in Auditing Act prohibits auditors from providing any 
nonaudit services to their audit clients. The bill allows auditors to 
perform tax-consulting services with the approval of a company's Audit 
Committee. Additionally, the bill prohibits outside accountants from 
working in a management job for a client company for 1 year. These key 
provisions, essential to any reform effort, are similar to those found 
in other bills including a bill introduced by my colleagues, Senators 
Corzine and Dodd.
  The legislation adds additional safeguards for the investing public, 
including State pension funds. The bill requires that companies rotate 
their outside auditors every 7 years. The company can continue its 
relationship with the auditing firm through nonaudit client services.
  The Enron collapse poses a challenge to us in designing a system of 
corporate governance that secures better financial disclosure for the 
future. In my view the best response to Arthur Andersen's precarious 
state is to make sure our efforts to reform the profession enables the 
auditing profession to continue their needed work in our capital 
markets with the potential loss of one big player. The legislation I 
introduce today strives to meet that objective.
  In addition to protecting the integrity of the auditing process, this 
legislation recognizes that independent directors should effectively 
monitor management behavior and represent the interests of the 
shareholder. The Council of Institutional Investors and others have 
called for auditor and board independence. Accordingly, the Integrity 
in Auditing Act requires enhanced disclosure of director links to 
companies.
  The bill requires that a company disclose, with every filing, any 
board of director relationship, familial, professional, financial, to 
the company. This legislation also requires that all Audit and 
Compensation Committee members must be independent directors.
  We should be clear that the Securities and Exchange Commission impose 
a swift and serious approach to improving our corporate governance 
systems. This bill includes a sense of the Senate that the SEC should 
take a tough enforcement approach, including criminal prosecutions, if 
warranted.
  One of the biggest casualties of Enron's bankruptcy filing is the 
growing lack of confidence and trust by consumers, employees, and 
investors in the financial statements of companies. Willful blindness 
of companies leads to fuzzy disclosures. Cozy relationships among 
company executives, its auditors and board of directors, money 
managers, Wall Street analysts, lawyers, and others, cry out for 
reform. Our public institutional investors like state pension funds 
deserve no less.
  Mr. President, I recently read Teddy Roosevelt's 1902 annual message 
to Congress. Our 26th President was known as a Trust Buster. He told 
the truth about our free enterprise system. He said ``We can do nothing 
of good in the way of regulating corporations until we fix clearly in 
our minds that we are not attacking corporations; we are merely 
determined that they shall be so handled as to serve the public good. 
We draw the line against misconduct, not against wealth.''
  We can all learn from history as we proceed to find thoughtful and 
appropriate ways to reform our securities laws on behalf of the public.
  Mrs. CARNAHAN. Mr. President, today my friend, Senator Nelson of 
Florida, and I are introducing important legislation to restore 
accountability to the accounting industry. The Integrity in Auditing 
Act will help renew Americans' confidence in our financial markets. 
Investors rely on the financial information that is provided by 
companies and certified by independent auditors. This legislation is 
designed to make sure that these auditors are truly independent.
  Over the course of the last few months, I have been looking into the 
devastating events related to the collapse of the Enron Corporation. As 
a member of both the Governmental Affairs Committee and the Commerce 
Committee, I have participated in numerous hearings on this matter. We 
have heard testimony from many experts about the different things that 
went wrong at Enron. The shareholders were failed by many parties who 
were supposed to be looking out for their interests: the company 
executives, the board of directors, the Government watchdogs, and 
certainly, the accountants who certified that Enron's financial 
statements were accurate.
  But, this is not just about Enron. This is about the disturbing 
number of restatements that firms have filed in recent years. It is no 
longer uncommon for a company to say that profits they previously 
touted were actually fictitious. This is absolutely unacceptable. And 
to the extent that inaccurate accounting can be eliminated by removing 
any conflicts of interest that are preventing better audits, Congress 
must act quickly to do so.
  Let me be clear, that I have the deepest respect for the many 
accountants in this country who are extremely hard working and honest. 
This legislation is not meant to impugn individual accountants or the 
accounting industry. Rather, it will improve this industry. The 
Integrity in Auditing Act will ensure that accountants can do their 
jobs with the highest professionalism, free from any pressures to 
overlook suspicious bookkeeping by their clients.
  The reforms we propose today are urgent and in the interest of all 
Americans. Auditors who simply rubber stamp questionable financial 
reports for their clients do a tremendous disservice to all investors. 
If they prevent true and accurate information from coming to light, 
auditors endanger the hard earned savings of working Americans. Many 
parents are investing money every year to pay for the college expenses 
of their children. Many workers are saving for their golden years in 
401(k) plans or other retirement accounts. Young couples, saving to buy 
their first homes, often put money into mutual funds or money market 
accounts. All of these investors are entitled to accurate information 
so that they can make wise decisions about their savings.
  This legislation is an important step toward ensuring that investors 
can trust the financial information provided by companies. Let me 
briefly summarize how this legislation establishes the independence of 
auditors. First, it prohibits audit firms from providing non-audit 
services to their clients. An exception is made if the client's Audit 
Committee believes it is in the best interest of the shareholders to 
also receive tax services consulting from the audit firm. But it will 
prevent companies from engaging in extremely lucrative management 
consulting or technology consulting contracts with the auditors who 
ought to be providing unbiased assessments of the companies' financial 
health.
  Second, this legislation requires that every seven years a company 
rotate the firm that performs its independent audit. Arthur Levitt, the 
former chairman of the Securities and Exchange Commission made it very 
clear why such rotation is important. In his testimony before the 
Senate Banking Committee he proposed that audit firms ought to be 
rotated in order ``to ensure that fresh and skeptical eyes are always 
looking at the numbers.''
  This legislation will also close the revolving door that could 
compromise independent auditors. It prohibits outside accountants from 
working, in a management capacity, for a client company for a period of 
1 year. This simple restriction will ensure that shareholders, and not 
company management, remain an auditor's primary concern.
  In the interest of providing full information to investors, our 
legislation also requires that any connections between the company and 
a member of the board of directors be fully disclosed, whether those 
connections are familial, financial, or professional. It also prohibits 
any directors who have such potential conflicts of interest

[[Page 3840]]

from serving on the board's audit or compensation committees.
  Lastly, this legislation would express the sense of the Senate that 
the Securities and Exchange Commission ought to take a tough approach 
to the enforcement of securities laws.
  America has the most vibrant and dynamic economy in the world. The 
foundation of our economy is our capital markets, which are robust and 
resilient. But the success of these markets depends on the free flow of 
accurate, reliable information. Our markets are the envy of the world 
because of the confidence investors have in the private and public 
institutions that produce, verify, and analyze this information.
  The legislation we are introducing today will improve our markets. It 
will restore public confidence in auditors. And it frees accountants 
from any inappropriate conflicts of interest. I encourage my colleagues 
to support this bill.
                                 ______
                                 
      By Mrs. LINCOLN (for herself, Mr. Breaux, and Mr. Rockefeller):
  S. 2058. A bill to replace the caseload reduction credit with an 
employment credit under the program of block grants to States for 
temporary assistance for needy families, and for other purposes; to the 
Committee on Finance.
  Mrs. LINCOLN. Mr. President, I rise today to introduce the ``Making 
Work Pay Act of 2002.'' A companion bill is being introduced in the 
House by Representative Sandy Levin of Michigan. I worked with Mr. 
Levin to reform the welfare program in 1996, and I am proud and honored 
to work with him again in this next phase of welfare reform.
  I am also proud to be joined today by Senator Breaux of Louisana and 
Senator Rockefeller of West Virginia. As members of the Finance 
Committee and representatives of rural States with similar challenges, 
we all share the goal of ensuring that States have the resources and 
the flexibility they need to continue moving people from welfare to 
work.
  The welfare reform bill President Clinton signed into law in 1996 has 
been a success. Nationally, welfare rolls have dropped by 52 percent. 
Over the last 5 years, enrollment in Arkansas' welfare program has 
dropped by 43 percent.
  In 1996, we fundamentally changed welfare from an entitlement program 
to temporary assistance, a move which has allowed many needy families 
to achieve a liberating measure of self-sufficiency. Our message then 
was ``work first.'' Today, people are working. Now our message should 
be ``make work pay.'' To do this, we need to help people get good 
paying jobs by providing the support services like child care and 
transportation that are absolutely essential to keeping those jobs.
  We have rewarded States for moving people off welfare. Unfortunately, 
that tends to ignore the important question of what happens after they 
leave welfare. What we need to do now is find ways to reward States for 
placing people into good jobs and helping them with vital work support 
services such as child care and transportation. These services are 
particularly vital in States like Arkansas, where good child care is 
scarce and public transportation barely exists.
  The legislation we introduce today measures State performance along 
the entire continuum from welfare to work. It gives credit to States 
for providing work-support services and short-term emergency 
assistance, which prevent people from ever needing welfare benefits in 
the first place. Current law and President Bush's welfare re-
authorization proposal give no credit to States for these efforts, thus 
discouraging the use of these highly effective welfare-to-work methods.
  My legislation revises how work participation rates are calculated to 
better fit post-reform welfare programs and more accurately measure the 
level of work activity among those served. Specifically, States receive 
half credit for people who work part time and pro-rate to full time, 
and they receive full credit for people that they are able to move into 
work by supplying child care and transportation assistance. In 
addition, people who are deemed severely and permanently disabled 
during the year are excluded from the State's work participation 
requirement, so that states aren't penalized for failing to engage 
these disabled people in work.
  The ``Making Work Pay Act of 2002'' is supported by the American 
Public Human Services Association, which played a fundamental role in 
helping us develop this bill. I thank them for their support and urge 
my colleagues to use them as a resource in assessing the needs of their 
states. I also urge my colleagues to support this legislation as a 
necessary first step into the next phase of welfare reform, to move 
beyond ``work first'' to ``making work pay.''
                                 ______
                                 
      By Ms. MIKULSKI (for herself, Mr. Kennedy, Mr. Hutchinson, and 
        Mr. Dodd):
  S. 2059. A bill to amend the Public Health Service Act to provide for 
Alzheimer's disease research and demonstration grants; to the Committee 
on Health, Education, Labor, and Pensions.
  Ms. MIKULSKI. Mr. President, I rise to introduce the Alzheimer's 
Disease Research, Prevention, and Care Act of 2002. I am pleased that 
Senator Kennedy and Senator Hutchinson are joining me as original 
cosponsors of this legislation. This bill expands and directs 
Alzheimer's disease research at the National Institutes of Health 
(NIH), and expands and reauthorizes the Alzheimer's Demonstration Grant 
Program. This important legislation gets behind our Nation's families, 
both in the lab and in the community.
  Alzheimer's disease is a devastating illness. Four million Americans 
including one in 10 people over age 65 and nearly half of those over 
85, have Alzheimer's disease. The total annual Cost of Alzheimer's care 
in the United States today is at least $100 billion.
  As our population ages and baby-boomers become seniors, Alzheimer's 
disease will take an even greater toll. Unless science finds a way to 
prevent or cure Alzheimer's disease, 14 million people in the United 
States will have Alzheimer's disease by the year 2050. The race to find 
a cure is more urgent than ever.
  But these statistics do not begin to tell the story of what 
Alzheimer's means to families. My dear father suffered from Alzheimer's 
disease. My family and I watched him die one brain cell at a time. I 
know the pain that patients and families go through when Alzheimer's 
disease strikes.
  I believe that honor thy mother and father is not only a good 
commandment to live by, it is also a good policy to govern by. That's 
why I have introduced this legislation that meets the day-to-day needs 
of seniors and the long-range needs of our Nation.
  The Alzheimer's Disease Research, Prevention, and Care meets seniors' 
day-to-day needs by reauthorizing the Alzheimer's Demonstration Grant 
Program. The purpose of the program is to develop and replicate 
innovative ways to provide care to Alzheimer's patients that are 
traditionally hard to reach or undeserved. These grants enable States 
to provide support services like home care, respite care, and day care 
to Alzheimer's patients and their families. This legislation expands 
the Alzheimer's Demonstration Program by authorizing the funding needed 
to support these outstanding programs in every State.
  In my own State of Maryland, Alzheimer's Demonstration grants have 
been used to train workers at nursing homes and assisted living 
facilities to care for people with dementia. This training means that 
Alzheimer's patients will get high quality care when they leave their 
homes and enter a nursing home. And it means that families can rest 
assured that their mom or dad is safe and in good hands.
  This legislation also meets the long term needs of our aging Nation 
by expanding and directing Alzheimer's disease research at the National 
Institute on Aging.
  Our best shot at curbing the number of families who suffer from 
Alzheimer's disease is to find ways to prevent it before it starts. 
This bill authorizes the

[[Page 3841]]

Alzheimer's Disease Prevention Initiative. The National Institute on 
Aging is currently conducting seven prevention trials. The Alzheimer's 
Disease Research, Prevention, and Care Act supports the National 
Institute on Aging's Prevention Initiative and directs the Institute to 
focus its efforts on identifying possible ways to prevent Alzheimer's 
and conducting clinical trials to test their effectiveness.
  Clinical trials can involve millions of dollars, tens of thousands of 
participants, and years or even decades. This bill establishes an 
Alzheimer's Disease Cooperative Study Group to improve and enhance the 
National Institute on Aging's ability to conduct several large scale, 
complex clinical trials simultaneously. Promising therapies should not 
have to wait to be tested until current trials are complete and 
resources are made available. This legislation authorizes a national 
consortium for cooperative clinical research at the National Institute 
on Aging to improve the existing clinical trial infrastructure, develop 
novel approaches to design these clinical trials, and make it easier to 
enroll patients.
  This bill directs the National Institute on Aging, in consultation 
with other relevant institutes, to conduct research on the early 
diagnosis and detection of Alzheimer's disease. As promising therapies 
become available that can delay the progression of Alzheimer's, new 
technologies are needed to detect and diagnose the disease before its 
symptoms strike.
  There is still much that is not known about the causes of Alzheimer's 
disease. In the last few years, for example, scientists have found that 
in stroke patients who later develop Alzheimer's disease, their 
dementia will worsen much more quickly than in Alzheimer's patients who 
have never had a stroke. This bill directs the National Institute on 
Aging to study this connection between vascular disease and Alzheimer's 
disease. Finding answers to questions about this connection will open 
new doors for researchers to explore promising ways to prevent and 
treat Alzheimer's disease.
  This legislation establishes a research program at the National 
Institute on Aging on ways to help caregivers of patients with 
Alzheimer's disease. Family caregiving comes at enormous physical, 
emotional, and financial sacrifice, which puts the whole system at 
risk. Three of four caregivers are women. One in eight Alzheimer 
caregivers becomes ill or injured as a direct result of caregiving, and 
older caregivers are three times more likely to become clinically 
depressed than others in their age group. Research is needed to find 
better ways to help caregivers bear this tremendous, at times 
overwhelming responsibility.
  Finally, this legislation increases the funding authorized for the 
National Institute on Aging to $1.5 billion in fiscal year 2003. 
Investments we make now in Alzheimer's Disease and aging research mean 
longer, healthier lives for all of us. If science can help us delay the 
onset of Alzheimer's by even 5 years, it would save this country 
billions of dollars--and would improve the lives of millions of 
families.
  I look forward to working with my colleagues to pass this important 
legislation that gets behind our nation's families. I ask unanimous 
consent that a letter of support from the Alzheimer's Association be 
printed in the Record.
  There being no objection, the letter was ordered to be printed in the 
Record, as follows:

                                                   March 21, 2002.
     Hon. Barbara Mikulski,
     U.S. Senate, Hart Senate Office Building, Washington, DC.
       Dear Senator Mikulski: On behalf of the Alzheimer's 
     Association, I am writing to strongly support your 
     legislation, the Alzheimer's Disease Research, Prevention and 
     Care Act of 2002. I congratulate you on your continued 
     leadership on issues important to older Americans as well as 
     issues important to individuals with Alzheimer's disease.
       Right now, 14 million Americans--most of them babyboomers--
     are living with a death sentence of Alzheimer's disease. For 
     most of them, the process that will destroy their brain cells 
     has already started. We have to act now, or it will be too 
     late to save them. Your legislation will support ongoing 
     efforts at the National Institute on Aging to find a way to 
     prevent and cure this disease. We are particularly pleased 
     that your bill places an emphasis on promising areas of 
     research, including the connection between Alzheimer's and 
     vascular disease and the development of new diagnostic 
     technologies.
       Your legislation will also reauthorize a highly successful 
     Alzheimer demonstration program at the Administration on 
     Aging (AoA). These state grant projects demonstrate how 
     existing public and private resources within states may be 
     more effectively coordinated and utilized to enhance 
     educational needs and service delivery systems for persons 
     with Alzheimer's, their families and caregivers. In addition, 
     AoA has also identified ``best practices'' among the projects 
     and disseminated information on successful innovative 
     approaches. The demonstration program has fostered 
     collaborations between Alzheimer's Association chapters and 
     state aging and mental health agencies, public health 
     departments, private foundations, universities, physicians 
     and managed care organizations, as well as more than 300 
     local community agencies.
       On behalf the 4 million Americans with Alzheimer's disease, 
     I thank you for your efforts to support research and programs 
     for these individuals and the family members who care for 
     them. We look forward to continuing to work with you and your 
     staff on this important legislation.
           Sincerely,
                                                Stephen McConnell,
                                        Interim President and CEO.
                                 ______
                                 
      By Mr. NELSON of Florida (for himself and Mr. Graham):
  S. 2060 A bill to name the Department of Veterans Affairs Regional 
Office in St. Petersburg, Florida, after Franklin D. Miller; to the 
Committee on Veterans' Affairs.
  Mr. NELSON of Florida. Mr. President, I am honored to introduce 
legislation to name the Department of Veterans Affairs, VA, Regional 
Office in St. Petersburg, FL, after Command Sergeant Major Franklin D. 
Miller, United States Army, Retired.
  Frank Miller faithfully served our country as a soldier for thirty 
years from 1962 until his retirement in 1992. During much of that time, 
Frank Miller served in Army Special Forces units, including four tours 
in the Republic of Vietnam. Frank Miller's combat decorations include 
the Congressional Medal of Honor, the Silver Star, two Bronze Stars, 
the Air Medal, and six Purple Hearts. He received the Medal of Honor 
for his bravery in battle in 1971, when, despite his own severe wounds, 
he single-handedly overcame four enemy attacks and safely evacuated the 
surviving members of his patrol.
  Upon Frank Miller's retirement from the Army in 1992, with the U.S. 
Army's highest enlisted rank of Command Sergeant Major, he continued to 
serve his community, country and fellow veterans as a benefits 
counselor for the Department of Veterans Affairs Regional Office in St. 
Petersburg, FL. Frank Miller remained very active in support of our 
veterans, the Armed Forces, and America's interest around the world. He 
was frequently invited to speak to groups around the country, sharing 
his experiences with others and serving as an example of honor, self-
sacrifice, and dedication. Former Joint Chiefs of Staff, General Henry 
H. Shelton, who knew Frank Miller personally, has described him as, 
``an icon to what service in the armed forces is all about.''
  Sadly, in July of 2000, Frank Miller passed away in Florida. He is 
survived by his three children, Joshua, Melia, and Danielle, and his 
brother, Walter, who also is a retired Command Sergeant Major of the 
Army's Special Forces.
  Frank Miller dedicated his life to serving our country. He cared 
deeply for the soldiers he led in combat, even to the very risk of his 
own life above and beyond the call of duty. He put his fellow veterans 
above all else in his efforts to keep our nation's promise to care for 
those who put America above self and bore the pain of battle. He was a 
loving father and brother, a true soldier's soldier, and a fellow 
American whose life impacted many people. Frank Miller's life should be 
remembered and appropriately commemorated. I hope to help honor his 
life by introducing legislation to name the Florida Veterans Affairs 
Regional Office in honor of Command Sergeant Major, Retired, Franklin 
D. Miller. I ask unanimous consent that the text of this bill be 
printed in the Record.

[[Page 3842]]

  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2060

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. DESIGNATION OF DEPARTMENT OF VETERANS AFFAIRS 
                   REGIONAL OFFICE IN ST. PETERSBURG, FLORIDA.

       (a) Findings.--Congress makes the following findings:
       (1) In recognition of conspicuous and meritorious duty in 
     the Army, Franklin D. Miller was awarded the Medal of Honor, 
     the Silver Star, two Bronze Stars, the Air Medal, and six 
     Purple Hearts.
       (2) Upon retiring from the Army, Franklin D. Miller worked 
     for the Department of Veterans Affairs at the Department of 
     Veterans Affairs Regional Office in St. Petersburg, Florida, 
     thereby continuing to serve his country and his fellow 
     veterans.
       (3) Franklin D. Miller remained active in support of the 
     Armed Forces and the foreign policy of the United States by 
     making speeches, participating in the activities of civic 
     organizations and schools, and supporting special forces 
     units, and by being both a role model for all Americans and a 
     true American hero.
       (b) Designation of Building.--The building housing the 
     Regional Office of the Department of Veterans Affairs in St. 
     Petersburg, Florida, is hereby designated as the ``Franklin 
     D. Miller Department of Veterans Affairs Regional Office 
     Building''. Any reference to that building in any law, 
     regulation, map, document, record, or other paper of the 
     United States shall be considered to be a reference to the 
     Franklin D. Miller Department of Veterans Affairs Regional 
     Office Building.
       (c) Memorial Activities.--(1) The Secretary of Veterans 
     Affairs shall, on the date of the first celebration of 
     Memorial Day that occurs after the date of the enactment of 
     this Act, provide for an appropriate ceremony at the building 
     designated by subsection (b) to honor Franklin D. Miller and 
     to commemorate the designation of the building after Franklin 
     D. Miller.
       (2) The Secretary shall provide for the permanent display 
     of an appropriate copy of the Medal of Honor citation of 
     Franklin D. Miller in the lobby of the building designated by 
     subsection (b).
                                 ______
                                 
      By Mr. BOND:
  S. 2061. A bill to establish a national response to terrorism, a 
national urban search and rescue task force program to ensure local 
capability to respond to the threat and aftermath of terrorist 
activities and other emergencies, and for other purposes; to the 
Committee on Environment and Public Works.

  Mr. BOND. Mr. President, I rise today to introduce the National 
Response to Terrorism and Consequence Management Act of 2002. This bill 
is designed to take a few of the very important steps necessary to put 
in place a national policy and plan for responding to the consequences 
and aftermath of acts of terrorism, including acts involving weapons of 
mass destruction.
  The cowardly terrorist attacks on September 11 on the Pentagon, the 
World Trade Center and Pennsylvania is one of the saddest days in the 
history of our Nation. However, I can personally attest that the spirit 
of the American people has never been stronger or more caring. Last 
month, I visited ground zero, I talked with survivors as well as many 
of the heroic men and women who continue to rebuild from our losses in 
the aftermath of this terrible tragedy. I have never been more touched 
or more proud of our Nation's ability to stand tall, and to stand 
unbowed.
  While the President has advanced a plan since September 11 which the 
Congress has begun to fund, there is still much work to be accomplished 
before we have in place the necessary protection and capacities to 
respond to both the threat of acts of terrorism and the consequences of 
such acts. In particular, we need a statutory structure that will 
enable the various agencies of both the states and the Federal 
Government to coordinate and build a Federal, State and local capacity 
to fully respond to acts of terrorism, including acts involving weapons 
of mass destruction.
  We must do more to ensure that states and localities have the needed 
resources, training and equipment to respond to threats and acts of 
terrorism and the consequences of such acts. In response, the President 
is proposing to fund FEMA at an unprecedented $3.5 billion for FY 2003 
as a further downpayment to ensure that the Nation will not be caught 
unaware again by a cowardly act of terrorism and is fully capable of 
responding to both the threat and consequence of any act of terrorism.
  These FEMA funds are targeted to states and localities and are 
intended to create a safety net of First Responders with firefighters, 
law enforcement officers and emergency medical personnel at its heart. 
Despite the response to September 11, the current capacity of our 
communities and our First Responders vary widely across the United 
States, with even the best prepared States and localities lacking 
crucial resources and expertise. Many areas have little or no ability 
to cope or respond to the consequences and aftermath of a terrorist 
attack, especially ones that use weapons of mass destruction, including 
biological or chemical toxins or nuclear radioactive weapons.
  The recommended commitment of funding in the President's Budget is 
only the first step. There also needs to be a comprehensive approach 
that identifies and meets state and local First Responder needs, both 
rural and urban, pursuant to federal leadership, benchmarks and 
guidelines.
  This legislation is intended to move the Federal Government forward 
in developing that comprehensive approach with regard to the 
consequence management of acts of terrorism. The bill establishes in 
FEMA an office for coordinating the federal, state and local capacity 
to respond to the aftermath and consequences of acts of terrorism. This 
essentially represents a beginning statutory structure for the existing 
Office of National Preparedness within FEMA as the responsibilities in 
this legislation are consistent with many of the actions of that office 
currently. This bill also provides FEMA with the authority to make 
grants of technical assistance to states to develop the capacity and 
coordination of resources to respond to acts of terrorism. In addition, 
the bill authorizes $100 million for states to operate fire and safety 
programs as a step to further build the capacity of fire departments to 
respond to local emergencies as well as the often larger problems posed 
by acts of terrorism. America's firefighters are, with the police and 
emergency medical technicians, the backbone of our Nation and the first 
line of defense in responding to the consequences of acts of terrorism.
  The legislation also formally recognizes and funds the urban search 
and rescue task force response system at $160 million in fiscal year 
2002. The Nation currently is served by 28 urban search and rescue task 
forces which proved to be a key resource in our Nation's ability to 
quickly respond to the tragedy of September 11. In addition, Missouri 
is the proud home of one of these urban search and rescue task forces, 
Missouri Task Force 1. Missouri Task Force 1 made a tremendous 
difference in helping the victims of the horrific tragedy at the World 
Trade Center as well as assisting to minimize the aftermath of this 
tragedy. These task forces are underfunded and underequipped, but, 
nontheless, are committed to be the front-line soldiers for our local 
governments in responding to the worst consequences of terrorism at the 
local level. I believe we have an obligation to realize fully the 
capacity of these 28 search and rescue task forces to meet First 
Responder events and this legislation authorizes the needed funding.
  Finally, the bill removes the risk of litigation that currently 
discourages the donation of fire equipment to volunteer fire 
departments. As we have discovered in the last several years, volunteer 
fire departments are underfunded, leaving the firefighters with the 
desire and will to assist their communities to fight fires and respond 
to local emergencies but without the necessary equipment or training 
that is so critical to the success of their profession. We have started 
providing needed funding for these departments though the Fire Act 
Grant program at FEMA. However, more needs to be done and this 
legislation is intended to facilitate the donation of used, but useful, 
equipment to these volunteer fire departments.
  I urge my colleagues to support this legislation.

[[Page 3843]]

  I ask unanimous consent that a summary of the bill be printed in the 
Record.
  There being no objection, the summary was ordered to be printed in 
the Record, as follows:

National Response to Terrorism and Consequence Management Act of 2002--
                         Summary of Legislation


   TITLE I. CAPACITY BUILDING FOR URBAN SEARCH AND RESCUE TASK FORCES

       This title may be cited as the ``National Urban Search and 
     Rescue Task Force Assistance Act of 2002.''
       Sec. 102. Statement of Findings and Purpose. The purpose of 
     this act is to provide the needed funds, equipment and 
     training to ensure that all urban search and rescue task 
     forces have the full capability to respond to all emergency 
     search and rescue needs arising from any disaster, including 
     acts of terrorism involving a weapon of mass destruction.
       Sec. 104. Assistance. Requires no less than $1.5 million 
     annually for the operational costs of each urban search and 
     rescue task forces. Authorizes additional grants for (1) 
     operational costs in excess of the $1.5 million; (2) the cost 
     of equipment; (3) the cost of equipment needed to allow a 
     task force to operate in an environment contaminated by 
     weapons of mass of destruction, including chemical, 
     biological, and nuclear/radioactive contaminants; (4) the 
     cost of training; (5) the cost of transportation; (6) the 
     cost of task force expansion; (7) the cost of Incident 
     Support Teams, including the cost to conduct appropriate task 
     force readiness evaluations; and (8) the cost of making task 
     forces capable of responding to international disasters, 
     including acts of terrorism.
       Requires FEMA to prioritize all funding to ensure that all 
     urban search and rescue task forces have the capacity, 
     including all needed equipment and training, to deploy two 
     separate task forces simultaneously from each sponsoring 
     agency.
       Sec. 106. Technical Assistance for Coordination. Allows 
     FEMA to award no more than four percent of the funds for 
     technical assistance to allow urban search and rescue task 
     forces to coordinate with other agencies and organizations, 
     including career and volunteer fire departments, to meet 
     state and local disasters, including acts of terrorism 
     involving the use of a weapon of mass destruction including 
     chemical, biological, and nuclear/radioactive weapons.
       Sec. 107. Additional Task Forces. Allows FEMA to establish 
     additional urban search and rescue teams pursuant to a 
     finding of need. No additional urban search and rescue teams 
     may be designated or funded until the first 28 teams are 
     fully funded and able to deploy simultaneously two task 
     forces from each sponsoring agency with all necessary 
     equipment, training and transportation.
       Sec. 108. Performance of Services. Incorporates section 306 
     of the Stafford Act to allow FEMA to incur any additional 
     obligations as determined necessary by FEMA, such as the cost 
     of temporary employment, workmen compensation, insurance, and 
     other compensation for work-related injuries consistent with 
     memorandums of understanding agreed to between FEMA and the 
     task forces.
       Sec. 109. Authorization of Appropriations. Authorizes $160 
     million to be appropriated for fiscal year 2002.


     TITLE II. PROMOTE THE CONTRIBUTION OF EQUIPMENT TO VOLUNTEER 
                        FIREFIGHTING DEPARTMENTS

       This title may be cited as the ``Good Samaritan Volunteer 
     Firefighter Assistance Act of 2002.''
       Sec. 202. Removal of Civil Liability Barriers that 
     Discourage the Donation of Fire Equipment to Volunteer Fire 
     Companies. Removes liability for civil damages under any 
     state or federal law for any entity or person who donates 
     equipment to a volunteer fire department, except where (1) 
     the person's act or omission proximately causing the injury, 
     damage, loss, or death constitutes gross negligence or 
     intentional misconduct; or (2) the person is the manufacturer 
     of the fire control or fire rescue equipment. Requires the 
     State to designate its State Fire Marshall or equivalent 
     person to certify the safety and usefulness of the fire 
     control or fire rescue equipment that is being donated.


      TITLE III. ESTABLISHMENT OF COORDINATION OFFICE WITHIN FEMA

       Sec. 301. Establishment of Coordination Office for 
     Responding to Acts of Terrorism. Requires FEMA to establish 
     or designate an office within FEMA to coordinate the response 
     of State and local agencies, including fire departments, 
     hospitals, and emergency medical facilities, to acts of 
     terrorism, including the capacity to provide assistance in an 
     environment with chemical, biological, or nuclear/
     radiological contamination.
       Authorizes FEMA to make grants to provide technical 
     assistance and coordinating funding to States to ensure that 
     localities, fire departments, hospitals and other appropriate 
     entities have the capacity to respond to the consequences of 
     possible acts of terrorism, including the capacity to provide 
     assistance in an environment with chemical, biological, or 
     nuclear/radiological contamination.
       Authorizes FEMA to award grants to states to operate new 
     and existing state fire and safety training programs for 
     firefighting personnel.
       Requires FEMA to establish a task force among Federal 
     agencies for the coordination of Federal, State and local 
     resources to develop a national response plan for responding 
     to acts of terrorism, including the capacity to provide 
     assistance in an environment with chemical, biological, or 
     nuclear/radiological contamination.
       Limits administrative costs for states to 5 percent.
       Authorizes FEMA to use such sums as necessary from the 
     Disaster Relief Fund to meet the requirements of this title, 
     including no less than $100 million for grants to support 
     State fire and safety training programs. Requires at least 20 
     percent of the funds awarded State fire and safety training 
     programs to be used to assist fire departments with an annual 
     budget of no more than $25,000.
                                 ______
                                 
      By Mr. McCAIN (for himself, Mr. Smith of New Hampshire, Mr. 
        Jeffords,  and Mr. Inouye):
  S. 2064. A bill to reauthorize the United States Institute for 
Environmental Conflict Resolution, and for other purposes: to the 
Committee on Environment and Public Works.
  Mr. McCAIN. Mr. President, I rise to introduce legislation to 
continue Federal support for the U.S. Institute for Environmental 
Conflict Resolution. I am pleased to be joined by my colleagues, 
Senators Bob Smith, Jim Jeffords, and Daniel K. Inouye. 
  The Congress enacted legislation to establish the U.S. Institute for 
Environmental Conflict Resolution in 1998, with the purpose of offering 
an alternative to litigation for parties in dispute over environmental 
conflicts. As we know, many environmental conflicts often result in 
lengthy and costly court proceedings and may take years to resolve. In 
cases involving Federal Government agencies, the costs for court 
proceeding are usually paid for by taxpayers. While litigation is still 
a recourse to resolve disputes, the Congress recognized the need for 
alternatives, such as mediation and facilitated collaboration, to 
address the rising number of environmental conflicts that have clogged 
Federal courts, executive agencies, and the Congress.
  The Institute was placed at the Morris K. Udall Foundation in 
recognition of former Representative Morris K. Udall from Arizona and 
his exceptional environmental record, as well as his unusual ability to 
build a consensus among fractious and even hostile interests. The 
Institute was established as an experiment with the idea that hidden 
within fractured environmental debates lay the seeds for many 
agreements, an approach applied by Mo Udall with unsurpassed ability.
  The success of the Institute is far greater than we could have 
imagined. The Institute began operations in 1999 and has already 
provided assistance to parties in more than 100 environmental conflicts 
across 30 States.
  Agencies from the Environmental Protection Agency, the Departments of 
Interior and Agriculture, the U.S. Navy, the Army Corps of Engineers, 
the Federal Highway Administration, the Federal Energy Regulatory 
Commission, and others have all called upon the Institute for 
assistance. Even the Federal courts are referring cases to the 
Institute for mediation, including such high profile cases as the 
management of endangered salmon throughout the Columbia River Basin in 
the Northwest.
  The Institute also assisted in facilitating interagency teamwork for 
the Everglades Task Force which oversees the South Everglades 
Restoration Project. The U.S. Forest Service requested assistance to 
bring ranchers and environmental advocates in the southwest to work on 
grazing and environmental compliance issues. Even Members of Congress 
have sought the Institute's assistance to review implementation of the 
Nation's fundamental environmental law, the National Environmental 
Policy Act, to assess how it can be improved using collaborative 
processes.
  Currently, the Institute is involved in more than 20 cases and many 
more are pending consideration. The Institute accomplishes its work by 
maintaining a national roster of 180 environmental mediators and 
facilitators

[[Page 3844]]

located in 39 States. We believe that mediators should be involved in 
the geographic area of the dispute whenever possible and that system is 
working.
  The demand on the Institute's assistance has been much greater than 
anticipated. At the time the Institute was created, we did not 
anticipate the magnitude of the role it would serve to the Federal 
Government. The Institute has served as a mediator between agencies and 
as an advisor to agency dispute resolution efforts involving 
overlapping or competing jurisdictions and mandates, developing long-
term solutions, training personnel in consensus-building efforts, and 
designing internal systems for preventing or resolving disputes.
  Unfortunately, experience has also taught us that most Federal 
agencies are limited from participating because of inadequate funds to 
pay for mediation services. This legislation will authorize a 
participation fund to be used to support meaningful participation of 
parties to Federal environmental disputes. The participation fund will 
provide matching funds to stakeholders who cannot otherwise afford 
mediation fees or costs of providing technical assistance.
  In addition to creating this new participation fund, this legislation 
simply extends the authorization for the Institute for an additional 5 
years with a modest increase in its operation budget. The proposed 
increase is in response to the overwhelming demand on the Institute's 
services, an investment that will ultimately benefit taxpayers by 
preventing costly litigation.
  On February 11, 2002, the Arizona Daily Star included an editorial 
that recognizes the benefits of this Institute to resolving 
environmental conflicts faced by various parties, including Federal and 
non-Federal parties, and recommends continuing support for the 
Institute. I ask unanimous consent that a copy of this editorial be 
printed in the Record.
  There being no objection, the editorial was ordered to be printed in 
the Record, as follows:

              [From the Arizona Daily Star, Feb. 11, 2002]

                          An Effective Agency

       One of the little-known gems in Tucson is one of the few 
     federal agencies, if not the only one, with headquarters 
     outside of the Washington, D.C. area--the Institute for 
     Environmental Conflict Resolution.
       With a name like that, the institute clearly is not a 
     tourist attraction. What makes it a gem is that it is proving 
     to be remarkably successful at finding solutions to 
     environmental conflicts that otherwise likely would end in 
     lawsuits.
       The institute is an arm of the Morris K. Duall Foundation. 
     It was proposed by Senator John McCain and created by 
     Congress in 1998. Very few people then realized what McCain 
     apparently did--there was a great need for such an agency.
       Terrence Bracy, chair of the Board of Trustees for the 
     foundation, says the institute expected to handle perhaps 20 
     to 25 cases per year. The institute handled 60 last year and 
     expects to handle even more this year.
       Says Bracy: ``We didn't know how big the market was. We 
     didn't know whether it would work.'' But work it has.
       Now, the institute's original funding will expire their 
     McCain is expected to introduce a bill to reauthorizing the 
     funding probably at the current level.
       It's a good idea, and it would help if Arizona's other 
     congressional delegates, especially Jim Kolbe and Ed Paster, 
     who both represent Southern Arizona, and Senator John Kyl, 
     joined McCain in seeking the funding.
       Bracy knows that the federal government has an immediate 
     stake in mediation. That is because many of the cases being 
     mediated involved governmental agencies, either as agencies 
     potentially being used or as agencies suing others.
       A Unique aspect of the institute's work is that because it 
     is a federal agency, it has status and credibility with other 
     government agencies and with the courts. That makes its 
     medication efforts even more effective.
       The institute has had contracts with the Navy, Fish and 
     Wildlife, the Bureau of Reclamation, the National Parks 
     Service, the Department of Transportation, the Environmental 
     Protection Agency and others, according to Barcy.
       ``What happens over time,'' Bracy says, ``is we see this 
     thing this tremendous need.'' He is right.
       Tucsonans should recognize what a gem they have in their 
     midst. And Arizonas congressional delegation should get 
     firmly behind McCain's efforts to reauthorize the funding for 
     the Institute for Environmental Conflict Resolution.
       It is a government program that even the most anti-
     government conservatives should love.

  Mr. McCAIN. Nothing is more indicative of the support for the 
Institute than the cosponsorship of my two colleagues, Senator Smith 
and Senator Jeffords, the chairman and ranking member of the Senate 
Environment and Public Works Committee, which has jurisdiction over 
most environmental matters before the Congress. I thank Senator Smith 
and Senator Jeffords for their critical support, and I look forward to 
working with them to enact this important, bipartisan legislation.
  This is a matter of some urgency as the existing authorization will 
expire in this fiscal year. I look forward to working with the 
cosponsors of this legislation and the rest of my colleagues to move 
this bill forward expeditiously to ensure continuing support for the 
valuable services of the U.S. Institute for Environmental Conflict 
Resolution to our Nation.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2064

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Environmental Policy and 
     Conflict Resolution Advancement Act of 2002''.

     SEC. 2. ENVIRONMENTAL DISPUTE RESOLUTION FUND.

       Section 13 of the Morris K. Udall Scholarship and 
     Excellence in National Environmental and Native American 
     Public Policy Act of 1992 (20 U.S.C. 5609) is amended by 
     striking subsection (b) and inserting the following:
       ``(b) Environmental Dispute Resolution Fund.--There is 
     authorized to be appropriated to the Environmental Dispute 
     Resolution Fund established by section 10 $4,000,000 for each 
     of fiscal years 2004 through 2008, of which--
       ``(1) $3,000,000 shall be used to pay operations costs 
     (including not more than $1,000 for official reception and 
     representation expenses); and
       ``(2) $1,000,000 shall be used for grants or other 
     appropriate arrangements to pay the costs of services 
     provided in a neutral manner relating to, and to support the 
     participation of non-Federal entities (such as State and 
     local governments, tribal governments, nongovernmental 
     organizations, and individuals) in, environmental conflict 
     resolution proceedings involving Federal agencies.''.
                                 ______
                                 
      By Mr. CAMPBELL (for himself and Mr. Allard):
  S. 2065. A bill to provide for the implementation of air quality 
programs developed pursuant to an Intergovernmental Agreement between 
the Southern Ute Indian Tribes and the State of Colorado concerning Air 
Quality Control on the Southern Ute Indian Reservation, and for other 
purposes; to the Committee on Environment and Public Works.
  Mr. CAMPBELL. Mr. President, I am pleased to introduce the Southern 
Ute and Colorado Intergovernmental Agreement Implementation Act of 
2002.
  As my colleagues know, successful environmental laws recognize that 
local implementation is almost always better than a ``one size fits 
all'' program run from Washington, DC. For example, the Federal Clean 
Air Act authorizes States and Indian tribes to become responsible for 
establishing implementation plans, designating air quality standards, 
and implementing many of the regulatory programs needed to maintain or 
improve air quality.
  With respect to the Southern Ute Indian Reservation in my State of 
Colorado, however, there is some question about whether the 
Environmental Protection Agency, EPA, can delegate Clean Air Act 
jurisdiction to the Southern Ute Tribe in the same manner that it would 
delegate authority to any other Indian tribe.
  In 1984 Congress ratified a jurisdiction and boundary agreement 
between the Southern Ute Indian Tribe and the State of Colorado. 
Approving this agreement spared both sides the exorbitant costs of 
going to court to fight over the jurisdictional status of each square 
inch on the Reservation.
  In addition, the 1994 arrangement allows the tribe and the State to 
work

[[Page 3845]]

out any questions about jurisdiction within their agreed-upon 
framework. With respect to Federal officials dealing with the tribe and 
the State, however, this arrangement could create some uncertainty. 
Because it could be argued that it prevents the tribe from exercising 
authority that may be delegated to any Indian tribe under the Clean Air 
Act.
  Instead of placing the Environmental Protection Agency in the middle 
of a controversy about whether it is authorized to delegate Clean Air 
Act programs within the Southern Ute Indian Reservation, the tribe and 
the State signed a historic ``Intergovernmental Agreement'' to resolve 
any controversy between the Southern Ute Indian Tribe and the State of 
Colorado.
  In this way, the State and the tribe have once again agreed that it 
is better for them to control their own destiny by reaching an accord 
they can both live with rather than putting their fate in the hands of 
bureaucrats and judges. I applaud the proactive spirit which led the 
tribe and the State to resolve a potential controversy before a problem 
or conflict even arose.
  The program established by the agreement reflects the unique issues 
and context that brought the tribe and the State to the negotiating 
table. First, consistent with Congress' mandate in the Clean Air Act, 
the Tribe will be the entity responsible for administering Clean Air 
Act programs within the reservation boundaries. The tribal program 
administrators have complete access to the State's technical resources 
and personnel. Second, an equal number of tribal and State 
representatives will sit on the Commission established by the 
agreement.
  The Commission is authorized to hear and decide any appealable 
decisions. The Commission will also set the pace for tribal 
applications for delegations of authority. Finally, the agreement seeks 
to make the Federal courts available to hear any challenges to 
decisions by the Commission.
  I am aware of the number of complex issues raised by this historic 
agreement, and efforts are already underway to address and resolve some 
of these issues. I believe it is the right time to introduce a bill to 
allow the appropriate committee to begin to formally consider this 
proposal. I know the parties will continue to direct their efforts at 
bringing this important matter to a successful conclusion.
  In closing, let me again commend the efforts of both the tribe and 
the State in negotiating and signing this historic agreement. I would 
ask unanimous consent that a letter from Colorado Governor Bill Owens 
be printed in the Record. Finally, I am pleased that Senator Wayne 
Allard joins with me in the views expressed in this statement and in 
cosponsoring this bill.
  There being no objection, the letter was ordered to be printed in the 
Record, as follows:

                                            State of Colorado,

                                         Denver, CO, May 22, 2000.
     Re: Intergovernmental Agreement between the State of Colorado 
         and the Southern Ute Indian Tribe Regarding Air Quality 
         regulation.

     Hon. Ben Nighthorse Campbell,
     Russell Senate Office Building,
     Washington, DC.
       Dear Senator Campbell: On December 13, 1999 I signed an 
     historic agreement between the State of Colorado and the 
     Southern Ute Indian Tribe in which the State and the Tribe 
     agreed to establish a single, cooperative air quality 
     authority for all lands within the Southern Ute Reservation. 
     This cooperative arrangement, negotiated by Attorney General 
     Salazar, my office and the Colorado Department of Public 
     Health and Environment (``CDPHE''), is the first of its kind 
     in the United States between a state and a tribe to regulate 
     air quality. Because the arrangement is unique, statutory 
     authority or clarification is needed at both the State and 
     federal levels to accommodate the agreement. The General 
     Assembly sent to me a bill to accomplish the changes 
     necessary at the State level that I signed into law on March 
     15, 2000. I am writing today to ask you to sponsor 
     legislation achieving a clarification to existing federal law 
     assuring that the agreement in its contemplated framework can 
     move forward. I have attached a draft of the legislation we 
     believe is needed to clarify that the agreement can work as 
     well as a copy of the intergovernmental agreement signed in 
     December.


                               Background

       As you know, the Southern Ute Indian Tribe's Reservation 
     consists of approximately 681,000 acres, located mainly in La 
     Plata County. The Reservation is a checkerboard of land 
     ownership. About 308,000 surface acres are held in trust by 
     the United States for the benefit of the Tribe (``trust 
     lands.'') The remaining 3780,000 surface acres are owned in 
     fee by non-Indians or individual Tribal members (``fee 
     lands''), or consist of national forest land. In 1984, 
     Congress enacted Public Law 98-290, which confirmed the 
     exterior boundaries of the Reservation. P.L. 98-290 also 
     clarified that the Tribe has jurisdiction over the trust 
     lands and Indians anywhere in the Reservation, and the State 
     has jurisdiction over non-Indians on the fee lands.
       Oil and natural gas production takes place throughout the 
     Reservation. These facilities are stationary air pollution 
     sources. Historically CDPHE's Air Pollution Control Division 
     has issued permits to non-Indian owned sources located on fee 
     lands. Recently, the Tribe petitioned EPA for the right to 
     issue all permits within the exterior boundaries of the 
     Reservation including the facilities historically regulated 
     by the State of Colorado. In 1998, the EPA issued regulations 
     implementing provisions of the Clean Air Act allowing Indian 
     tribes to be treated in the same manner as States to 
     administer certain air quality programs. In July 1998, the 
     Southern Ute Tribe applied to the EPA for treatment as a 
     state for all lands within the Reservation. On the basis of 
     PL 98-290, the State objected, arguing that it had 
     jurisdiction over the non-Indian sources on the fee lands.
       To avoid a potentially long and costly fight in the federal 
     courts about which governmental entity has jurisdiction over 
     the fee lands, the Tribe and the State have now agreed to 
     establish a single, cooperative air quality authority for all 
     lands within the Reservation. On December 13, 1999, the Tribe 
     and the State entered into an Intergovernmental Agreement 
     (copy attached) which provides that a joint Tribal/State 
     Commission will establish air quality standards. The Tribe 
     will receive a delegation of authority from EPA to administer 
     the air quality programs, but the delegation is contingent 
     upon and shall last only so long as the Agreement and 
     Commission are in place.


                      Tribal and State Legislation

       The Agreement provided for legislation by both the Tribe 
     and the State approving the Agreement and enacting 
     substantive law necessary to carry out the Agreement's 
     provisions. On January 18, 2000, the Tribe adopted its 
     legislation. On March 15, 2000, I signed HB 1324, which 
     adopted and codified the Agreement and HB 1325, which 
     established the State's authority to establish the Commission 
     and otherwise implement the Agreement.


                          Federal Legislation

       The Agreement envisions a delegation by the EPA to the 
     Tribe to administer Clean Air Act programs, contingent upon 
     the existence of the Joint State/Tribal Commission. This is a 
     unique arrangement and is not clearly specified within the 
     Clean Air Act. Parties have argued to me that clarifying 
     legislation by Congress is necessary to resolve any 
     uncertainty about the EPA's power to delegate authority to 
     run an air pollution program to the Tribe and for the 
     Commission to act under such a delegation. The Commission 
     also will set the standards and rules of the air quality 
     program that the Tribe will administer. The Commission will 
     serve as the administrative appellate review body for 
     enforcement and other administrative actions. The Agreement 
     provides that the Commission's final review is final agency 
     action, and further judicial review would be in the federal 
     courts. The existence of such federal jurisdiction should 
     also be clarified by Congress.
       Enclosed is a draft of the proposed federal legislation and 
     a legislative history for your review. These draft documents 
     would accomplish the limited but necessary changes to make 
     the Agreement fully operational. The bill is set up to add a 
     section to P.L. 98-290 to narrow the application of the 
     revisions only to the Southern Ute Indian Tribe and the State 
     of Colorado, so that other states or tribes would not be 
     affected.


                               Next Steps

       The full operation of the Agreement is conditioned upon 
     passage of federal legislation no later than December 13, 
     2001. I recognize that this may be difficult but from the 
     State's perspective the sooner the Agreement could be 
     operational the better since EPA will be regulating the 
     affected entities until the Joint Commission and Tribe take 
     over. We would like to be helpful and I offer a meeting 
     between you and your staff and representatives of the 
     Governor's Office, the Colorado Department of Public Health 
     and Environment and the Colorado Attorney General's Office at 
     your earliest convenience discuss this issue.
       Thank you for taking the time to consider this request. 
     Please feel free to contact Britt Weygandt in my office for 
     any assistance you may need. Her extension is (303) 866-6392.
           Sincerely,
                                                       Bill Owens,
                                                         Governor.

[[Page 3846]]



                          ____________________


                  STATEMENTS ON SUBMITTED RESOLUTIONS

                                 ______
                                 

SENATE RESOLUTION 231--RELATIVE TO THE DEATH OF THE HONORABLE HERMAN E. 
         TALMADGE, FORMERLY A SENATOR FROM THE STATE OF GEORGIA

  Mr. DASCHLE (for himself, Mr. Lott, Mr. Cleland, and Mr. Miller) 
submitted the following resolution; which was considered and agreed to:

                              S. Res. 231

  Resolved, That the Senate has heard with profound sorrow and deep 
regret the announcement of the death of the Honorable Herman E. 
Talmadge, formerly a Senator from the State of Georgia.
  Resolved, That the Secretary of the Senate communicate these 
resolutions to the House of Representatives and transmit an enrolled 
copy thereof to the family of the deceased.
  Resolved, That when the Senate adjourns today, it stand adjourned as 
a further mark of respect to the memory of the deceased Senator.

                          ____________________




SENATE RESOLUTION 230--EXPRESSING THE SENSE OF THE SENATE THAT CONGRESS 
    SHOULD REJECT REDUCTIONS IN GUARANTEED SOCIAL SECURITY BENEFITS 
  PROPOSED BY THE PRESIDENT'S COMMISSION TO STRENGTHEN SOCIAL SECURITY

  Mr. CORZINE (for himself and Mr. Lieberman) submitted the following 
resolution; which was referred to the Committee on Finance:

                              S. Res. 230

       Whereas Social Security was designed as a social insurance 
     program to ensure that Americans who work hard and contribute 
     to our Nation can live in dignity in their old age;
       Whereas for \2/3\ of seniors, Social Security is their 
     primary source of income, and for \1/3\, Social Security is 
     their only source of income;
       Whereas in fiscal year 2001, the annual level of Social 
     Security benefits for retired workers averaged approximately 
     $10,000;
       Whereas $10,000 per year is insufficient to maintain a 
     decent standard of living in most parts of the country, 
     especially for seniors with relatively high health care 
     costs;
       Whereas in 2001, President George W. Bush's Commission to 
     Strengthen Social Security (referred to in this resolution as 
     the ``Commission'') produced 3 proposals for Social Security 
     reform that included individual accounts and significant 
     reductions in the level of guaranteed benefits;
       Whereas the proposed changes to guaranteed benefits could 
     reduce benefits to future retirees by 45 percent;
       Whereas the Commission proposals also suggested reducing 
     benefits for early retirees, forcing many Americans to delay 
     retirement; and
       Whereas the Commission justified proposed cuts in 
     guaranteed benefits by pointing to long-term projected 
     shortfalls in the Social Security Trust Fund, however, the 
     Commission's proposals to divert payroll tax revenues from 
     the Trust Fund into private accounts would substantially 
     accelerate the date by which the Trust Fund would become 
     insolvent: Now, therefore, be it
       Resolved, That it is the sense of the Senate that Congress 
     should reject the reductions in guaranteed Social Security 
     benefits proposed by the President's Commission to Strengthen 
     Social Security.

  Mr. CORZINE. Mr. President, today, along with Senator Lieberman, I am 
submitting a resolution expressing the sense of the Senate that 
Congress should reject the reductions in guaranteed Social Security 
benefits proposed by the President's Commission to Strengthen Social 
Security.
  The central purpose of Social Security is to ensure that Americans 
who work hard and contribute to our Nation can maintain a decent 
standard of living in their old age. The program provides a critical 
safety net. Only 11 percent of American seniors live in poverty, but 
without Social Security that figure would be 50 percent.
  It is hard to overstate the importance of Social Security in 
protecting seniors' retirement security. For two-thirds of the elderly, 
Social Security is their major source of income. For one-third of the 
elderly, Social Security is virtually their only source of income.
  Despite its critical importance for seniors, the level of Social 
Security benefits generally is quite modest. In fiscal year 2001, the 
average benefit for retired workers was about $10,000 per year. This 
clearly is insufficient to maintain a decent standard of living in most 
parts of the country, especially for seniors with relatively high 
health care costs.
  Unfortunately, even the modest level of guaranteed benefits under 
current law is now at risk. Last year, the President's Commission to 
Strengthen Social Security, appointed by President Bush to help promote 
his goal of partially privatizing Social Security, proposed a set of 
options for changes in the program that included significant reductions 
in the level of guaranteed benefits.
  The Commission's report included a proposal in which guaranteed 
benefit levels would be reduced by changing the way that benefits are 
adjusted over time. The details of this change are complicated, but the 
bottom line is not: compared to current law, the proposal could reduce 
the benefits provided to workers who retire in the future by about 45 
percent. The Commission's report also suggested changes that would 
reduce benefits for those who retire early, which could force many 
Americans to delay their retirement.
  The Commission justified proposed cuts in guaranteed benefits by 
pointing to long-term projected shortfalls in the Social Security Trust 
Fund. And it is true that as the baby boomers begin to retire, they 
will put significant new demands on our budget. However, the 
Commission's proposals for private accounts actually would make the 
Trust Fund's financial problems worse. By proposing to divert payroll 
tax revenues from the Trust Fund into private accounts, the Commission 
would only accelerate the date by which the Fund would become 
insolvent.
  Proponents of privatizing Social Security like to argue that the 
returns for assets held in private accounts are likely to be high. That 
may be true for some fortunate seniors, but others will suffer with the 
inevitable fluctuations in the market. In any case, we need to remember 
why we have Social Security in the first place, to provide a floor to 
ensure that seniors can live out their lives in dignity. The real 
question for the Congress is where to set that floor. And, in my view, 
$10,000 a year for the average beneficiary is, if anything, too low.
  It is important to keep Social Security's long-term problems in 
perspective. According to estimates by the Social Security 
Administration, the present value of the Trust Fund's unfunded 
obligations amounts to $3.2 trillion over the next 75 years. By 
contrast, the 75 year cost of last year's tax cut, if made permanent, 
has been estimated to be $7.7 trillion. In other words, the long-term 
cost of the tax cut is more than twice as large as the long-term 
deficit in Social Security.
  There is simply no excuse for making dramatic cuts in guaranteed 
Social Security benefits, as the President's commission has proposed.
  So, I hope my colleagues will support this resolution and join in 
rejecting the cuts in guaranteed benefits proposed by President Bush's 
commission.

                          ____________________




                   AMENDMENTS SUBMITTED AND PROPOSED

       SA 3040. Mr. REID (for Mr. Daschle (for himself and Mr. 
     Leahy)) proposed an amendment to amendment SA 2917 proposed 
     by Mr. Daschle (for himself and Mr. Bingaman) to the bill (S. 
     517) to authorize funding the Department of Energy to enhance 
     its mission areas through technology transfer and 
     partnerships for fiscal years 2002 through 2006, and for 
     other purposes.
       SA 3041. Mr. WYDEN (for himself, Mr. Murkowski, Mr. 
     Bennett, and Mr. Smith, of Oregon) proposed an amendment to 
     amendment SA 2917 proposed by Mr. Daschle (for himself and 
     Mr. Bingaman) to the bill (S. 517) supra.
       SA 3042. Mr. ROCKEFELLER (for himself, Mrs. Carnahan, and 
     Mr. Bond) submitted an amendment intended to be proposed to 
     amendment SA 2917 proposed by Mr. Daschle (for himself and 
     Mr. Bingaman) to the bill (S. 517) supra; which was ordered 
     to lie on the table.
       SA 3043. Mr. ROCKEFELLER (for himself, Mr. Allen, Mr. 
     Specter, and Mr. Warner) submitted an amendment intended to 
     be proposed to amendment SA 2917 proposed by Mr. Daschle (for 
     himself and Mr. Bingaman) to the bill (S. 517) supra; which 
     was ordered to lie on the table.

[[Page 3847]]

       SA 3044. Mr. ROCKEFELLER (for himself, Mr. Hagel, and Mr. 
     Nelson of Nebraska) submitted an amendment intended to be 
     proposed to amendment SA 2917 proposed by Mr. Daschle (for 
     himself and Mr. Bingaman) to the bill (S. 517) supra; which 
     was ordered to lie on the table.
       SA 3045. Mr. ROCKEFELLER submitted an amendment intended to 
     be proposed to amendment SA 2917 proposed by Mr. Daschle (for 
     himself and Mr. Bingaman) to the bill (S. 517) supra; which 
     was ordered to lie on the table.
       SA 3046. Mr. ROCKEFELLER submitted an amendment intended to 
     be proposed to amendment SA 2917 proposed by Mr. Daschle (for 
     himself and Mr. Bingaman) to the bill (S. 517) supra; which 
     was ordered to lie on the table.
       SA 3047. Mr. CRAIG submitted an amendment intended to be 
     proposed to amendment SA 2917 proposed by Mr. Daschle (for 
     himself and Mr. Bingaman) to the bill (S. 517) supra; which 
     was ordered to lie on the table.
       SA 3048. Mr. SMITH of Oregon submitted an amendment 
     intended to be proposed to amendment SA 2917 proposed by Mr. 
     Daschle (for himself and Mr. Bingaman) to the bill (S. 517) 
     supra; which was ordered to lie on the table.
       SA 3049. Mr. CRAIG proposed an amendment to amendment SA 
     3016 proposed by Mr. Bingaman to the amendment SA 2917 
     proposed by Mr. Daschle (for himself and Mr. Bingaman) to the 
     bill (S. 517) supra.
       SA 3050. Ms. LANDRIEU (for herself and Mr. Kyl) proposed an 
     amendment to amendment SA 2917 proposed by Mr. Daschle (for 
     himself and Mr. Bingaman) to the bill (S. 517) supra.
       SA 3051. Mr. FITZGERALD submitted an amendment intended to 
     be proposed to amendment SA 2917 proposed by Mr. Daschle (for 
     himself and Mr. Bingaman) to the bill (S. 517) supra; which 
     was ordered to lie on the table.
       SA 3052. Mr. MURKOWSKI proposed an amendment to amendment 
     SA 3016 proposed by Mr. Bingaman to the amendment SA 2917 
     proposed by Mr. Daschle (for himself and Mr. Bingaman) to the 
     bill (S. 517) supra.
       SA 3053. Mr. GRASSLEY submitted an amendment intended to be 
     proposed to amendment SA 2917 proposed by Mr. Daschle (for 
     himself and Mr. Bingaman) to the bill (S. 517) supra; which 
     was ordered to lie on the table.
       SA 3054. Mr. GRASSLEY submitted an amendment intended to be 
     proposed to amendment SA 2917 proposed by Mr. Daschle (for 
     himself and Mr. Bingaman) to the bill (S. 517) supra; which 
     was ordered to lie on the table.
       SA 3055. Mr. GRASSLEY submitted an amendment intended to be 
     proposed to amendment SA 2917 proposed by Mr. Daschle (for 
     himself and Mr. Bingaman) to the bill (S. 517) supra; which 
     was ordered to lie on the table.
       SA 3056. Mr. GRASSLEY submitted an amendment intended to be 
     proposed to amendment SA 2917 proposed by Mr. Daschle (for 
     himself and Mr. Bingaman) to the bill (S. 517) supra; which 
     was ordered to lie on the table.
       SA 3057. Mr. KYL (for himself and Mr. Helms) proposed an 
     amendment to amendment SA 3016 proposed by Mr. Bingaman to 
     the amendment SA 2917 proposed by Mr. Daschle (for himself 
     and Mr. Bingaman) to the bill (S. 517) supra.
       SA 3058. Ms. COLLINS (for herself and Ms. Snowe) proposed 
     an amendment to amendment SA 3016 proposed by Mr. Bingaman to 
     the amendment SA 2917 proposed by Mr. Daschle (for himself 
     and Mr. Bingaman) to the bill (S. 517) supra.
       SA 3059. Mr. BINGAMAN proposed an amendment to amendment SA 
     2917 proposed by Mr. Daschle (for himself and Mr. Bingaman) 
     to the bill (S. 517) supra.
       SA 3060. Mr. BINGAMAN proposed an amendment to amendment SA 
     2917 proposed by Mr. Daschle (for himself and Mr. Bingaman) 
     to the bill (S. 517) supra.
       SA 3061. Mr. BINGAMAN proposed an amendment to amendment SA 
     2917 proposed by Mr. Daschle (for himself and Mr. Bingaman) 
     to the bill (S. 517) supra.
       SA 3062. Mr. BINGAMAN (for Ms. Cantwell) proposed an 
     amendment to amendment SA 2917 proposed by Mr. Daschle (for 
     himself and Mr. Bingaman) to the bill (S. 517) supra.
       SA 3063. Ms. CANTWELL proposed an amendment to amendment SA 
     2917 proposed by Mr. Daschle (for himself and Mr. Bingaman) 
     to the bill (S. 517) supra.
       SA 3064. Mr. BINGAMAN (for Ms. Cantwell) proposed an 
     amendment to amendment SA 2917 proposed by Mr. Daschle (for 
     himself and Mr. Bingaman) to the bill (S. 517) supra.
       SA 3065. Mr. BINGAMAN (for Ms. Cantwell (for himself and 
     Mr. Smith of Oregon)) proposed an amendment to amendment SA 
     2917 proposed by Mr. Daschle (for himself and Mr. Bingaman) 
     to the bill (S. 517) supra.
       SA 3066. Mr. MURKOWSKI (for Mr. Inhofe) proposed an 
     amendment to amendment SA 2917 proposed by Mr. Daschle (for 
     himself and Mr. Bingaman) to the bill (S. 517) supra.
       SA 3067. Mr. BINGAMAN (for Mr. Bayh) proposed an amendment 
     to amendment SA 2917 proposed by Mr. Daschle (for himself and 
     Mr. Bingaman) to the bill (S. 517) supra.
       SA 3068. Mr. BINGAMAN (for Mr. Akaka) proposed an amendment 
     to amendment SA 2917 proposed by Mr. Daschle (for himself and 
     Mr. Bingaman) to the bill (S. 517) supra.
       SA 3069. Mr. BINGAMAN (for himself and Mr. Murkowski) 
     proposed an amendment to amendment SA 2917 proposed by Mr. 
     Daschle (for himself and Mr. Bingaman) to the bill (S. 517) 
     supra.
       SA 3070. Mr. GRAHAM proposed an amendment to amendment SA 
     2917 proposed by Mr. Daschle (for himself and Mr. Bingaman) 
     to the bill (S. 517) supra.
       SA 3071. Mr. MURKOWSKI submitted an amendment intended to 
     be proposed to amendment SA 2917 proposed by Mr. Daschle (for 
     himself and Mr. Bingaman) to the bill (S. 517) supra; which 
     was ordered to lie on the table.
       SA 3072. Mr. DURBIN submitted an amendment intended to be 
     proposed to amendment SA 2917 proposed by Mr. Daschle (for 
     himself and Mr. Bingaman) to the bill (S. 517) supra; which 
     was ordered to lie on the table.
       SA 3073. Mr. DURBIN submitted an amendment intended to be 
     proposed to amendment SA 2917 proposed by Mr. Daschle (for 
     himself and Mr. Bingaman) to the bill (S. 517) supra; which 
     was ordered to lie on the table.
       SA 3074. Mr. DURBIN (for himself and Ms. Collins) submitted 
     an amendment intended to be proposed to amendment SA 2917 
     proposed by Mr. Daschle (for himself and Mr. Bingaman) to the 
     bill (S. 517) supra; which was ordered to lie on the table.

                          ____________________




                           TEXT OF AMENDMENTS

  SA 3040. Mr. REID (for Mr. Daschle) (for himself and Mr. Leahy) 
proposed an amendment to amendment SA 2917 proposed by Mr. Daschle (for 
himself and Mr. Bingaman) to the bill (S. 517) to authorize funding the 
Department of Energy to enhance its mission areas through technology 
transfer and partnerships for fiscal years 2002 through 2006, and for 
other purposes; as follows:

       At the appropriate place, add the following:

     SEC.  . FAIR TREATMENT OF PRESIDENTIAL JUDICIAL NOMINEES.

       That it is the sense of the Senate that, in the interests 
     of the administration of justice, the Senate Judiciary 
     Committee should along with its other legislative and 
     oversight responsibilities, continue to hold regular hearings 
     on judicial nominees and should, in accordance with the 
     precedents and practices of the Committee, schedule hearings 
     on the nominees submitted by the President on May 9, 2001, 
     and resubmitted on September 5, 2001, expeditiously.
                                  ____

  SA 3041. Mr. WYDEN (for himself, Mr. Murkowski, Mr. Bennett, and Mr. 
Smith of Oregon) proposed an amendment to amendment SA 2917 proposed by 
Mr. Daschle (for himself and Mr. Bingaman) to the bill (S. 517) to 
authorize funding the Department of Energy to enhance its mission areas 
through technology transfer and partnerships for fiscal years 2002 
through 2006, and for other purposes; as follows:

       On page 186, between lines 8 and 9, insert the following:

     SEC. 8__. CREDIT FOR HYBRID VEHICLES, DEDICATED ALTERNATIVE 
                   FUEL VEHICLES, AND INFRASTRUCTURE.

       Section 507 of the Energy Policy Act of 1992 (42 U.S.C. 
     13258) is amended by adding at the end the following:
       ``(p) Credits for New Qualified Hybrid Motor Vehicles.--
       ``(1) Definitions.--In this subsection:
       ``(A) 2000 model year city fuel efficiency.--The term `2000 
     model year city fuel efficiency', with respect to a motor 
     vehicle, means fuel efficiency determined in accordance with 
     the following tables:
       ``(i) In the case of a passenger automobile:

``If vehicle inertia weightThe 2000 model year city fuel efficiency is:
  1,500 or 1,750 lbs...........................................43.7 mpg
  2,000 lbs....................................................38.3 mpg
  2,250 lbs....................................................34.1 mpg
  2,500 lbs....................................................30.7 mpg
  2,750 lbs....................................................27.9 mpg
  3,000 lbs....................................................25.6 mpg
  3,500 lbs....................................................22.0 mpg
  4,000 lbs....................................................19.3 mpg
  4,500 lbs....................................................17.2 mpg
  5,000 lbs....................................................15.5 mpg
  5,500 lbs....................................................14.1 mpg
  6,000 lbs....................................................12.9 mpg
  6,500 lbs....................................................11.9 mpg
  7,000 to 8,500 lbs..........................................11.1 mpg.

       ``(ii) In the case of a light truck:

``If vehicle inertia weightThe 2000 model year city fuel efficiency is:
  1,500 or 1,750 lbs...........................................37.6 mpg
  2,000 lbs....................................................33.7 mpg
  2,250 lbs....................................................30.6 mpg
  2,500 lbs....................................................28.0 mpg
  2,750 lbs....................................................25.9 mpg
  3,000 lbs....................................................24.1 mpg
  3,500 lbs....................................................21.3 mpg
  4,000 lbs....................................................19.0 mpg
  4,500 lbs....................................................17.3 mpg

[[Page 3848]]

  5,000 lbs....................................................15.8 mpg
  5,500 lbs....................................................14.6 mpg
  6,000 lbs....................................................13.6 mpg
  6,500 lbs....................................................12.8 mpg
  7,000 to 8,500 lbs..........................................12.0 mpg.

       ``(B) Administrator.--The term `Administrator' means the 
     Administrator of the Environmental Protection Agency.
       ``(C) Electrical storage device.--The term `electrical 
     storage device' means an onboard rechargeable energy storage 
     system or similar storage device.
       ``(D) Fuel efficiency.--The term `fuel efficiency' means 
     the percentage increased fuel efficiency specified in table 1 
     in paragraph (2)(C) over the average 2000 model year city 
     fuel efficiency of vehicles in the same weight class.
       ``(E) Maximum available power.--The term `maximum available 
     power', with respect to a new qualified hybrid motor vehicle 
     that is a passenger vehicle or light truck, means the 
     quotient obtained by dividing--
       ``(i) the maximum power available from the electrical 
     storage device of the new qualified hybrid motor vehicle, 
     during a standard 10-second pulse power or equivalent test; 
     by
       ``(ii) the sum of--

       ``(I) the maximum power described in clause (i); and
       ``(II) the net power of the internal combustion or heat 
     engine, as determined in accordance with standards 
     established by the Society of Automobile Engineers.

       ``(F) Motor vehicle.--The term `motor vehicle' has the 
     meaning given the term in section 216 of the Clean Air Act 
     (42 U.S.C. 7550).
       ``(G) New qualified hybrid motor vehicle.--The term `new 
     qualified hybrid motor vehicle' means a motor vehicle that--
       ``(i) draws propulsion energy from both--

       ``(I) an internal combustion engine (or heat engine that 
     uses combustible fuel); and
       ``(II) an electrical storage device;

       ``(ii) in the case of a passenger automobile or light 
     truck--

       ``(I) in the case of a 2001 or later model vehicle, 
     receives a certificate of conformity under the Clean Air Act 
     (42 U.S.C. 7401 et seq.) and produces emissions at a level 
     that is at or below the standard established by a qualifying 
     California standard described in section 243(e)(2) of the 
     Clean Air Act (42 U.S.C. 7583(e)(2)) for that make and model 
     year; and
       ``(II) in the case of a 2004 or later model vehicle, is 
     certified by the Administrator as producing emissions at a 
     level that is at or below the level established for Bin 5 
     vehicles in the Tier 2 regulations promulgated by the 
     Administrator under section 202(i) of the Clean Air Act (42 
     U.S.C. 7521(i)) for that make and model year vehicle; and

       ``(iii) employs a vehicle braking system that recovers 
     waste energy to charge an electrical storage device.
       ``(H) Vehicle inertia weight class.--The term `vehicle 
     inertia weight class' has the meaning given the term in 
     regulations promulgated by the Administrator for purposes of 
     the administration of title II of the Clean Air Act (42 
     U.S.C. 7521 et seq.).
       ``(2) Allocation.--
       ``(A) In general.--The Secretary shall allocate a partial 
     credit to a fleet or covered person under this title if the 
     fleet or person acquires a new qualified hybrid motor vehicle 
     that is eligible to receive a credit under each of the tables 
     in subparagraph (C).
       ``(B) Amount.--The amount of a partial credit allocated 
     under subparagraph (A) for a vehicle described in that 
     subparagraph shall be equal to the sum of--
       ``(i) the partial credits determined under table 1 in 
     subparagraph (C); and
       ``(ii) the partial credits determined under table 2 in 
     subparagraph (C).
       ``(C) Tables.--The tables referred to in subparagraphs (A) 
     and (B) are as follows:

                                Table 1

``Partial credit for increased fuel efficiency:       Amount of credit:
At least 125% but less than 150% of 2000 model year city fuel 
  efficiency.......................................................0.14
At least 150% but less than 175% of 2000 model year city fuel 
  efficiency.......................................................0.21
At least 175% but less than 200% of 2000 model year city fuel 
  efficiency.......................................................0.28
At least 200% but less than 225% of 2000 model year city fuel 
  efficiency.......................................................0.35
At least 225% but less than 250% of 2000 model year city fuel 
  efficiency......................................................0.50.

                                Table 2

``Partial credit for `Maximum Available Power':       Amount of credit:
At least 5% but less than 10%.....................................0.125
At least 10% but less than 20%....................................0.250
At least 20% but less than 30%....................................0.375
At least 30% or more.............................................0.500.

       ``(D) Use of credits.--At the request of a fleet or covered 
     person allocated a credit under this subsection, the 
     Secretary shall, for the year in which the acquisition of the 
     qualified hybrid motor vehicle is made, treat that credit as 
     the acquisition of 1 alternative fueled vehicle that the 
     fleet or covered person is required to acquire under this 
     title.
       ``(3) Regulations.--The Secretary shall promulgate 
     regulations under which any Federal fleet that acquires a new 
     qualified hybrid motor vehicle will receive partial credits 
     determined under the tables contained in paragraph (2)(C) for 
     purposes of meeting the requirements of section 303.
       ``(q) Credit for Substantial Contribution Towards Use of 
     Dedicated Vehicles in Noncovered Fleets.--
       ``(1) Definitions.--In this subsection:
       ``(A) Dedicated vehicle.--The term `dedicated vehicle' 
     includes--
       ``(i) a light, medium, or heavy duty vehicle; and
       ``(ii) a neighborhood electric vehicle.
       ``(B) Medium or heavy duty vehicle.--The term `medium or 
     heavy duty vehicle' includes a vehicle that--
       ``(i) operates solely on alternative fuel; and
       ``(ii)(I) in the case of a medium duty vehicle, has a gross 
     vehicle weight rating of more than 8,500 pounds but not more 
     than 14,000 pounds; or
       ``(II) in the case of a heavy duty vehicle, has a gross 
     vehicle weight rating of more than 14,000 pounds.
       ``(C) Substantial contribution.--The term `substantial 
     contribution' (equal to 1 full credit) means not less than 
     $15,000 in cash or in kind services, as determined by the 
     Secretary.
       ``(2) Issuance of credits.--The Secretary shall issue a 
     credit to a fleet or covered person under this title if the 
     fleet or person makes a substantial contribution toward the 
     acquisition and use of dedicated vehicles by a person that 
     owns, operates, leases, or otherwise controls a fleet that is 
     not covered by this title.
       ``(3) Multiple credits for medium and heavy duty dedicated 
     vehicles.--The Secretary shall issue 2 full credits to a 
     fleet or covered person under this title if the fleet or 
     person acquires a medium or heavy duty dedicated vehicle.
       ``(4) Use of credits.--At the request of a fleet or covered 
     person allocated a credit under this subsection, the 
     Secretary shall, for the year in which the acquisition of the 
     dedicated vehicle is made, treat that credit as the 
     acquisition of 1 alternative fueled vehicle that the fleet or 
     covered person is required to acquire under this title.
       ``(5) Limitation.--Per vehicle credits acquired under this 
     subsection shall not exceed the per vehicle credits allowed 
     under this section to a fleet for qualifying vehicles in each 
     of the weight categories (light, medium, or heavy duty).
       ``(r) Credit for Substantial Investment in Alternative Fuel 
     Infrastructure.--
       ``(1) Definitions.--In this section, the term `qualifying 
     infrastructure' means--
       ``(A) equipment required to refuel or recharge alternative 
     fueled vehicles;
       ``(B) facilities or equipment required to maintain, repair, 
     or operate alternative fueled vehicles;
       ``(C) training programs, educational materials, or other 
     activities necessary to provide information regarding the 
     operation, maintenance, or benefits associated with 
     alternative fueled vehicles; and
       ``(D) such other activities the Secretary considers to 
     constitute an appropriate expenditure in support of the 
     operation, maintenance, or further widespread adoption of or 
     utilization of alternative fueled vehicles.
       ``(2) Issuance of credits.--The Secretary shall issue a 
     credit to a fleet or covered person under this title for 
     investment in qualifying infrastructure if the qualifying 
     infrastructure is open to the general public during regular 
     business hours.
       ``(3) Amount.--For the purposes of credits under this 
     subsection--
       ``(A) 1 credit shall be equal to a minimum investment of 
     $25,000 in cash or in kind services, as determined by the 
     Secretary; and
       ``(B) except in the case of a Federal or State fleet, no 
     part of the investment may be provided by Federal or State 
     funds.
       ``(4) Use of credits.--At the request of a fleet or covered 
     person allocated a credit under this subsection, the 
     Secretary shall, for the year in which the investment is 
     made, treat that credit as the acquisition of 1 alternative 
     fueled vehicle that the fleet or covered person is required 
     to acquire under this title.''.
                                  ____

  SA 3042. Mr. ROCKEFELLER (for himself, Mrs. Carnahan, and Mr. Bond) 
submitted an amendment intended to be proposed to amendment SA 2917 
proposed by Mr. Daschle (for himself and Mr. Bingaman) to the bill (S. 
517) to authorize funding the Department of Energy to enhance its 
mission areas through technology transfer and partnerships for fiscal 
years 2002 through 2006, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the appropriate place insert the following:

     SEC. __. CREDIT FOR ENERGY EFFICIENT VENDING MACHINES.

       (a) In General.--Subpart D of part IV of subchapter A of 
     chapter 1 (relating to business-related credits), as amended 
     by this Act, is amended by adding at the end the following 
     new section:

[[Page 3849]]

     ``SEC. 45K. ENERGY EFFICIENT VENDING MACHINE CREDIT.

       ``(a) General Rule.--For purposes of section 38, the energy 
     efficient vending machine credit determined under this 
     section for the taxable year is an amount equal to $75, 
     multiplied by the number of qualified energy efficient 
     vending machines purchased by the taxpayer during the 
     calendar year ending with or within the taxable year.
       ``(b) Qualified Energy Efficient Vending Machine.--For 
     purposes of this section, the term `qualified energy 
     efficient vending machine' means a refrigerated bottled or 
     canned beverage vending machine which--
       ``(1) has a capacity of at least 500 bottles or cans, and
       ``(2) consumes not more than 8.66 kWh per day of 
     electricity based on ASHRAE Standard 32.1-1997.
       ``(c) Verification.--The taxpayer shall submit such 
     information or certification as the Secretary determines 
     necessary to claim the credit amount under subsection (a).
       ``(d) Termination.--This section shall not apply with 
     respect to vending machines purchased in calendar years 
     beginning after December 31, 2005.''.
       (b) Limitation on Carryback.--Section 39(d) (relating to 
     transition rules), as amended by this Act, is amended by 
     adding at the end the following new paragraph:
       ``(20) No carryback of energy efficient vending machine 
     credit before effective date.--No portion of the unused 
     business credit for any taxable year which is attributable to 
     the energy efficient vending machine credit determined under 
     section 45K may be carried to a taxable year ending before 
     January 1, 2003.''.
       (c) Conforming Amendment.--Section 38(b) (relating to 
     general business credit), as amended by this Act, is amended 
     by striking ``plus'' at the end of paragraph (22), by 
     striking the period at the end of paragraph (23) and 
     inserting ``, plus'', and by adding at the end the following 
     new paragraph:
       ``(24) the energy efficient vending machine credit 
     determined under section 45K(a).''.
       (d) Clerical Amendment.--The table of sections for subpart 
     D of part IV of subchapter A of chapter 1, as amended by this 
     Act, is amended by adding at the end the following new item:

``Sec. 45K. Energy efficient vending machine credit.''.

       (e) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2002.
                                  ____

  SA 3043. Mr. ROCKEFELLER (for himself, Mr. Allen, Mr. Specter, and 
Mr. Warner) submitted an amendment intended to be proposed to amendment 
SA 2917 proposed by Mr. Daschle (for himself and Mr. Bingaman) to the 
bill (S. 517) to authorize funding the Department of Energy to enhance 
its mission areas through technology transfer and partnerships for 
fiscal years 2002 through 2006, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place insert the following:

     SEC. __. CREDIT FOR RECYCLING CERTAIN COAL COMBUSTION WASTE 
                   MATERIALS.

       (a) In General.--Subpart D of part IV of subchapter A of 
     chapter 1 (relating to business related credits), as amended 
     by this Act, is amended by adding at the end the following 
     new section:

     ``SEC. 45K. CREDIT FOR RECYCLING CERTAIN COAL COMBUSTION 
                   WASTE MATERIALS.

       ``(a) Allowance of Credit.--For purposes of section 38, the 
     credit for recycling certain coal combustion waste materials 
     used by the taxpayer in qualifying production under this 
     section for any taxable year is equal to the sum of--
       ``(1) $6.00 for each wet ton of--
       ``(A) wet flue gas desulfurization sludge cake, and
       ``(B) any other wet waste material identified by the 
     Secretary of Energy, plus
       ``(2) $4.00 for each dry ton of--
       ``(A) dry flue gas desulfurization and fluidized bed 
     combustion waste material, and
       ``(B) any other dry waste material identified by the 
     Secretary of Energy.
       ``(b) Certain Coal Combustion Waste Materials Defined.--For 
     purposes of this section, the term `certain coal combustion 
     waste materials' means any solid waste material generated 
     using a sulfur dioxide emission control system and derived 
     from the combustion of coal in connection with the generation 
     of electricity or steam, including--
       ``(1) wet flue gas desulfurization sludge cake,
       ``(2) dry flue gas desulfurization and fluidized bed 
     combustion waste material, and
       ``(3) any other coal combustion waste material identified 
     by the Secretary of Energy as wet waste or dry waste material 
     attributable to the use of a sulfur dioxide emission control 
     system.
       ``(c) Qualifying Production.--For purposes of this 
     section--
       ``(1) In general.--The term `qualifying production' means 
     the use of certain coal combustion waste materials by the 
     taxpayer as substantial raw materials in the manufacture of 
     commercially saleable products which are--
       ``(A) manufactured in a qualifying facility,
       ``(B) sold by the taxpayer, and
       ``(C) not used in a landfill application.
       ``(2) Substantial use and manufacturing requirement.--
     Certain coal combustion waste materials shall not be deemed 
     to constitute substantial raw materials used in the 
     manufacture of commercially saleable products unless such 
     waste materials--
       ``(A) constitute at least 35 percent of the weight of the 
     commercially saleable manufactured products, determined on a 
     dry weight basis, and
       ``(B) undergo a physical and chemical change in the course 
     of the manufacturing process.
       ``(3) Unrelated person sale or use requirement.--The 
     taxpayer shall not be deemed to have engaged in qualifying 
     production with respect to certain coal combustion waste 
     materials used in manufacturing a product until--
       ``(A) the taxable year in which the taxpayer sells such 
     product to an unrelated person, or
       ``(B) if such product is sold to a related person, the 
     taxable year in which the related person--
       ``(i) resells such product to an unrelated person, or
       ``(ii) consumes or provides such product in the performance 
     of services to an unrelated person.
       ``(4) Qualifying facility.--
       ``(A) In general.--The term `qualifying facility' means a 
     manufacturing facility which--
       ``(i) is located within the United States (within the 
     meaning of section 638(1)) or within a possession of the 
     United States (within the meaning of section 638(2)), and
       ``(ii) is placed in service after December 31, 2002.
       ``(B) 10 year limit.--A facility shall cease to be a 
     qualifying facility on the date which is the tenth 
     anniversary of the date on which the facility was placed in 
     service.
       ``(5) Dry weight measurement.--For purposes of paragraph 
     (2)(A), dry weight shall be determined by excluding the 
     weight of all water in the materials used in the manufacture 
     of the products.
       ``(d) Other Definitions and Special Rules.--For purposes of 
     this section--
       ``(1) Wet ton.--The term `wet ton' shall mean the weight of 
     the desulfurization sludge cake (and any other wet waste 
     material) after adjusting the water content of the cake (and 
     other wet waste material) to not greater than 50 percent of 
     the total weight.
       ``(2) Dry ton.--The term `dry ton' shall mean the weight of 
     the dry flue gas desulfurization and fluidized bed combustion 
     waste material (and any other dry waste material) after 
     adjusting the water content of the material (and other dry 
     waste material) to not greater than 2 percent of the total 
     weight.
       ``(3) Related persons.--Persons shall be treated as related 
     to each other if such persons would be treated as a single 
     employer under the regulations prescribed under section 
     52(b).
       ``(4) Pass-through in the case of estates and trusts.--
     Under regulations prescribed by the Secretary, rules similar 
     to the rules of subsection (d) of section 52 shall apply.''.
       (b) Credit Treated as a Business Credit.--Section 38(b), as 
     amended by this Act, is amended by striking ``plus'' at the 
     end of paragraph (22), by striking the period at the end of 
     paragraph (23) and inserting ``, plus'', and by adding at the 
     end the following new paragraph:
       ``(24) the credit for recycling certain coal combustion 
     waste materials determined under section 45K(a).''.
       (c) Transitional Rule.--Section 39(d), as amended by this 
     Act, is amended by adding at the end the following new 
     paragraph:
       ``(20) No carryback of section 45k credit before effective 
     date.--No portion of the unused business credit for any 
     taxable year which is attributable to the credit for 
     recycling certain coal combustion waste materials determined 
     under section 45K may be carried back to a taxable year 
     ending before January 1, 2002.''.
       (d) Clerical Amendment.--The table of sections for subpart 
     D of part IV of subchapter A of chapter 1, as amended by this 
     Act, is amended by adding at the end of the following new 
     item:

``Sec. 45K. Credit for recycling certain coal combustion waste 
              materials.''.

       (e) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2001.
                                  ____

  SA 3044. Mr. ROCKEFELLER (for himself, Mr. Hagel, and Mr. Nelson of 
Nebraska) submitted an amendment intended to be proposed to amendment 
SA 2917 proposed by Mr. Daschle (for himself and Mr. Bingaman) to the 
bill (S. 517) to authorize funding the Department of Energy to enhance 
its mission areas through technology transfer and partnerships for 
fiscal years 2002 through 2006, and for other purposes; which was 
ordered to lie on the table; as follows:


[[Page 3850]]


       On page 117, line 8, strike ``signals'' and all that 
     follows through line 10, and insert ``information, and
       ``(2) which permits reading of energy usage information on 
     at least a daily or time of use basis.''
                                  ____

  SA 3045. Mr. ROCKEFELLER submitted an amendment intended to be 
proposed to amendment SA 2917 proposed by Mr. Daschle (for himself and 
Mr. Bingaman) to the bill (S. 517) to authorize funding the Department 
of Energy to enhance its mission areas through technology transfer and 
partnerships for fiscal years 2002 through 2006, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 557, between lines 23 and 24, insert the following:
       (3) Mine safety and health administration.--
       (A) In general.--In compliance with the consultation 
     requirement of subsection (a)(1), the Secretary of Labor 
     shall--
       (i) consider the impending and projected retirements of 
     those Federal mine inspectors who are employed as inspectors 
     on the date of enactment of this Act and the need to increase 
     the number of Federal mine inspectors to expand the presence 
     of such inspectors at mines in the United States;
       (ii) establish and implement a program within the Mine 
     Safety and Health Administration to hire, train, and deploy 
     such additional skilled mine inspectors (particularly 
     inspectors with practical experience in mining or with 
     experience as a practical mining engineer) as are necessary 
     to ensure that skilled and experienced individuals continue 
     to be available to serve as Federal mine inspectors; and
       (iii) maintain the number of Federal mine inspectors at a 
     level that is not lower than the staffing levels authorized 
     in law or set by regulation as of the date of enactment of 
     this Act.
       (B) Authorization of appropriations.--There is authorized 
     to be appropriated such sums as may be necessary to carry out 
     this paragraph.
                                  ____

  SA 3046. Mr. ROCKEFELLER submitted an amendment intended to be 
proposed to amendment SA 2917 proposed by Mr. Daschle (for himself and 
Mr. Bingaman) to the bill (S. 517) to authorize funding the Department 
of Energy to enhance its mission areas through technology transfer and 
partnerships for fiscal years 2002 through 2006, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end, add the following:

          DIVISION __--LOW-INCOME GASOLINE ASSISTANCE PROGRAM

     SEC. __01. SHORT TITLE.

       This division may be cited as the ``Low-Income Gasoline 
     Assistance Program Act''.

     SEC. __02. PURPOSE.

       The purpose of this division is to create new emergency 
     assistance programs to assist families receiving assistance 
     under part A of title IV of the Social Security Act (42 
     U.S.C. 601 et seq.) and low-income working families to meet 
     the increasing price of gasoline.

     SEC. __03. DEFINITIONS.

       In this division:
       (1) Covered activities.--The term ``covered activities'' 
     means--
       (A) work activities;
       (B) education directly related to employment; or
       (C) activities related to necessary scheduled medical 
     treatment.
       (2) Gasoline.--The term ``gasoline'' has the meaning given 
     the term in section 4082 of the Internal Revenue Code of 
     1986.
       (3) Household.--The term ``household'' has the meaning 
     given the term in section 2603 of the Low-Income Home Energy 
     Assistance Act of 1981 (42 U.S.C. 8622).
       (4) Poverty level; state median income.--The terms 
     ``poverty level'' and ``State median income'' have the 
     meanings given the terms in section 2603 of the Low-Income 
     Home Energy Assistance Act of 1981 (42 U.S.C. 8622).
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of Health and Human Services.
       (6) State.--The term ``State'' means each of the several 
     States, the District of Columbia, and the Commonwealth of 
     Puerto Rico.
       (7) Work activities.--The term ``work activities'' has the 
     meaning given that term in section 407(d) of the Social 
     Security Act (42 U.S.C. 607(d)).

     SEC. __04. EMERGENCY ASSISTANCE PROGRAMS.

       The Secretary shall make grants to States, from allotments 
     made under section __05, to enable the States to establish 
     emergency assistance programs and to provide, through the 
     programs, payments to eligible households to enable the 
     households to purchase gasoline.

     SEC. __05. STATE ALLOTMENTS.

       From the funds appropriated under section __12 for a fiscal 
     year and remaining after the reservation made in section 
     __11, the Secretary shall allot to each State an amount that 
     bears the same relation to such remainder as the amount the 
     State receives under section 675B of the Community Services 
     Block Grant Act (42 U.S.C. 9906) for that year bears to the 
     amount all States receive under that section for that year.

     SEC. __06. STATE APPLICATIONS.

       (a) In General.--To be eligible to receive a grant under 
     this division, a State shall submit an application to the 
     Secretary at such time, in such manner, and containing such 
     information as the Secretary may require.
       (b) Contents.--At a minimum, the application shall 
     contain--
       (1) information designating a State agency to carry out the 
     emergency assistance program in the State, which shall be--
       (A) the State agency specified in the State plan submitted 
     under section 402 of the Social Security Act (42 U.S.C. 602); 
     or
       (B) the State agency designated under section 676(a) of the 
     Community Services Block Grant Act (42 U.S.C. 9908(a)); and
       (2) information describing the emergency assistance program 
     to be carried out in the State.

     SEC. __07. ELIGIBLE HOUSEHOLDS.

       (a) In General.--To be eligible to receive a payment from a 
     State under this division, a household shall submit an 
     application to the State at such time, in such manner, and 
     containing such information as the State may require.
       (b) Contents.--The applicant shall include in the 
     application information demonstrating that--
       (1) 1 or more individuals in the applicant's household 
     individually drive not less than 30 miles per day, or not 
     less than 150 miles per week, to or from covered activities; 
     and
       (2)(A)(i) 1 or more individuals in that household were 
     receiving assistance (including services) under the State 
     program funded under part A of title IV of the Social 
     Security Act (42 U.S.C. 601 et seq.) within the 24-month 
     period ending on the date of submission of the application; 
     and
       (ii) no individual in that household is receiving that 
     assistance, as of the date of submission of the application;
       (B)(i) 1 or more individuals in that household are 
     receiving assistance (including services) under that State 
     program; and
       (ii) such individuals are engaged in work activities and 
     are meeting the other requirements of that part A that are 
     applicable to recipients of such assistance;
       (C) the household meets the eligibility requirements of 
     section 2605(b)(2)(A) of the Low-Income Home Energy 
     Assistance Act of 1981 (42 U.S.C. 8624(b)(2)(A)), other than 
     clause (i) of that section; or
       (D) the household income for the household does not exceed 
     the greater of--
       (i) an amount equal to 150 percent of the poverty level for 
     the State involved; or
       (ii) an amount equal to 60 percent of the State median 
     income.
       (c) Rule.--For purposes of subsection (b)(2)(D), a State--
       (1) may not exclude a household from eligibility for a 
     fiscal year solely on the basis of household income if such 
     income is less than 110 percent of the poverty level for such 
     State; but
       (2) may give priority to those households with the highest 
     gasoline costs or needs in relation to household income.

     SEC. __08. PROGRAM REQUIREMENTS.

       (a) Determination of Trigger Amount.--
       (1) Determination of gasoline.--The Secretary of Health and 
     Human Services, in consultation with the Secretary of Energy, 
     shall determine a grade of gasoline for which price 
     determinations will be made under this subsection, which 
     shall be a type of gasoline that has a specified octane 
     rating or other specified characteristic.
       (2) Determination of calculation.--The Secretary of Health 
     and Human Services, in consultation with the Secretary of 
     Energy, shall determine a method for calculating the average 
     per gallon price of the covered grade of gasoline in each 
     State.
       (3) Baseline.--The Secretary of Health and Human Services, 
     in consultation with the Secretary of Energy, shall 
     calculate, in accordance with paragraph (2), the average per 
     gallon price of the covered grade of gasoline in each State 
     for January.
       (4) Trigger and release prices.--The Secretary of Health 
     and Human Services, in consultation with the Secretary of 
     Energy, shall calculate--
       (A) the trigger price for each State by multiplying the 
     price calculated under paragraph (3) by 115 percent; and
       (B) the release price for each State by multiplying the 
     price calculated under paragraph (3) by 110 percent.
       (b) Payments.--
       (1) Availability.--
       (A) Monthly price calculation.--The Secretary of Health and 
     Human Services, in consultation with the Secretary of Energy, 
     shall calculate, in accordance with subsection (a)(2), the 
     average per gallon price of the covered grade of gasoline in 
     each State for each month.
       (B) Determination.--If the Secretary of Health and Human 
     Services, in consultation with the Secretary of Energy, 
     determines that the price in a State calculated under 
     subparagraph (A) for a month--
       (i) is more than the trigger price for the State, the State 
     shall provide payments in

[[Page 3851]]

     accordance with this subsection for the following month; and
       (ii) is less than the release price for the State, the 
     State shall suspend provision of the payments, not earlier 
     than 30 days after the date of the determination, for the 
     following month.
       (2) General authority.--Except as provided in subsection 
     (c), the State shall use funds received through a grant made 
     under section __04 (including a grant increased under section 
     __11(2)) and any funds made available to the State under 
     section 404(d)(4) of the Social Security Act (42 U.S.C. 
     604(d)(4)) to make payments under this division to eligible 
     households.
       (3) Period.--An eligible household with an application 
     approved under section __07 may receive payments under this 
     division for not more than 3 months. The household may submit 
     additional applications under section __07, and may receive 
     payments under this division for not more than 3 months for 
     each such application approved by the State.
       (4) Amount.--The State shall make the payments in amounts 
     of not less than $25, and not more than $75, per month. The 
     State may determine the amount of the payments on a sliding 
     scale, taking into consideration the household income of the 
     eligible households.
       (c) State Administration.--The State may use not more than 
     10 percent of the funds described in subsection (b)(2) to pay 
     for the cost of administering this division.
       (d) Definitions.--In this section:
       (1) Covered grade.--The term ``covered grade'' means the 
     grade of gasoline determined under subsection (a)(1).
       (2) Release price.--The term ``release price'' means the 
     release price calculated under subsection (a)(4)(B).
       (3) Trigger price.--The term ``trigger price'' means the 
     trigger price calculated under subsection (a)(4)(A).

     SEC. __09. TREATMENT OF BENEFITS.

       (a) Income or Resources.--Notwithstanding any other law, 
     the value of any payment provided under this division shall 
     not be treated as income or resources for purposes of--
       (1) any other Federal or federally assisted program that 
     bases eligibility, or the amount of benefits, on need; or
       (2) the Internal Revenue Code of 1986.
       (b) TANF Assistance.--For purposes of part A of title IV of 
     the Social Security Act (42 U.S.C. 601 et seq.), a payment 
     provided under this division shall not be considered to be 
     assistance provided by a State under that part, regardless of 
     whether the State uses funds made available under section 
     404(d)(4) of the Social Security Act (42 U.S.C. 604(d)(4)) to 
     make payments under this division. The period for which such 
     payments are provided under this division shall not be 
     considered to be part of the 60-month period described in 
     section 408(a)(7) of the Social Security Act (42 U.S.C. 
     608(a)(7)).

     SEC. __10. AUTHORITY TO USE FUNDS FOR TEMPORARY ASSISTANCE 
                   FOR NEEDY FAMILIES.

       Section 404(d) of the Social Security Act (42 U.S.C. 
     604(d)) is amended--
       (1) in paragraph (3)(A), by striking ``paragraph (1)'' and 
     inserting ``paragraph (1) or (4)''; and
       (2) by adding at the end the following:
       ``(4) Other state programs.--A State may use funds from any 
     grant made to the State under section 403(a) for a fiscal 
     year to carry out a State program pursuant to the Low-Income 
     Gasoline Assistance Program Act.''.

     SEC. __11. DISCRETIONARY ACTIVITIES BY THE SECRETARY.

       The Secretary of Health and Human Services may reserve not 
     more than 5 percent of the funds appropriated under section 
     __12 for a fiscal year--
       (1) to pay for the cost of administering this division; and
       (2) to increase the cost of a grant made to a State under 
     section __04, in any case in which the Secretary determines 
     that emergency conditions relating to gasoline prices exist 
     in that State.

     SEC. __12. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There is authorized to be appropriated to 
     carry out this division, $250,000,000 for each of fiscal 
     years 2003 through 2007.
       (b) Availability.--Any sums appropriated under subsection 
     (a) for a fiscal year shall remain available until the end of 
     the succeeding fiscal year.
                                  ____

  SA 3047. Mr. CRAIG submitted an amendment intended to be proposed to 
amendment SA 2917 proposed by Mr. Daschle (for himself and Mr. 
Bingaman) to the bill (S. 517) to authorize funding the Department of 
Energy to enhance its mission areas through technology transfer and 
partnerships for fiscal years 2002 through 2006, and for other 
purposes; which was ordered to lie on the table; as follows:

       Strike Title II and insert:

                        ``TITLE II--ELECTRICITY

                   ``Subtitle A--Consumer Protections

     ``SEC. 201. INFORMATION DISCLOSURE.

       ``(a) Offers and Solicitations.--The Federal Trade 
     Commission shall issue rules requiring each electric utility 
     that makes an offer to sell electric energy, or solicits 
     electric consumers to purchase electric energy to provide the 
     electric consumer a statement containing the following 
     information:
       ``(1) the nature of the service being offered, including 
     information about interruptibility of service;
       ``(2) the price of the electric energy, including a 
     description of any variable charges;
       ``(3) a description of all other charges associated with 
     the service being offered, including access charges, exit 
     charges, back-up service charges, stranded cost recovery 
     charges, and customer service charges; and
       ``(4) information the Federal Trade Commission determines 
     is technologically and economically feasible to provide, is 
     of assistance to electric consumers in making purchasing 
     decisions, and concerns--
       ``(A) the product or its price;
       ``(B) the share of electric energy that is generated by 
     each fuel type; and
       ``(C) the environmental emissions produced in generating 
     the electric energy.
       ``(b) Periodic Billings.--The Federal Trade Commission 
     shall issue rules requiring any electric utility that sells 
     electric energy to transmit to each of its electric 
     consumers, in addition to the information transmitted 
     pursuant to section 115(f) of the Public Utility Regulatory 
     Policies Act of 1978 (16 U.S.C. 2625(f)), a clear and concise 
     statement containing the information described in subsection 
     (a)(4) for each billing period (unless such information is 
     not reasonably ascertainable by the electric utility).

     ``SEC. 202. CONSUMER PRIVACY.

       ``(a) Prohibition.--The Federal Trade Commission shall 
     issue rules prohibiting any electric utility that obtains 
     consumer information in connection with the sale or delivery 
     of electric energy to an electric consumer from using, 
     disclosing, or permitting access to such information unless 
     the electric consumer to whom such information relates 
     provides prior written approval.
       ``(b) Permitted Use.--The rules issued under this section 
     shall not prohibit any electric utility from using, 
     disclosing, or permitting access to consumer information 
     referred to in subsection (a) for any of the following 
     purposes:
       ``(1) to facilitate an electric consumer's change in 
     selection of an electric utility under procedures approved by 
     the State or State regulatory authority;
       ``(2) to initiate, render, bill, or collect for the sale or 
     delivery of electric energy to electric consumers or for 
     related services;
       ``(3) to protect the rights or property of the person 
     obtaining such information;
       ``(4) to protect retail electric consumers from fraud, 
     abuse, and unlawful subscription in the sale or delivery of 
     electric energy to such consumers;
       ``(5) for law enforcement purposes; or
       ``(6) for purposes of compliance with any Federal, State, 
     or local law or regulation authorizing disclosure of 
     information to a Federal, State, or local agency.
       ``(c) Aggregate Consumer Information.--The rules issued 
     under this subsection may permit a person to use, disclose, 
     and permit access to aggregate consumer information and may 
     require an electric utility to make such information 
     available to other electric utilities upon request and 
     payment of a reasonable fee.
       ``(d) Definitions.--As used in this section:
       ``(1) The term `aggregate consumer information' means 
     collective data that relates to a group or category of retail 
     electric consumers, from which individual consumer identities 
     and characteristics have been removed.
       ``(2) The term `consumer information' means information 
     that relates to the quantity, technical configuration, type, 
     destination, or amount of use of electric energy delivered to 
     any retail electric consumer.

     ``SEC. 203. UNFAIR TRADE PRACTICES.

       ``(a) Slamming.--The Federal Trade Commission shall issue 
     rules prohibiting the change of selection of an electric 
     utility except with the informed consent of the electric 
     consumer.
       ``(b) Cramming.--The Federal Trade Commission shall issue 
     rules prohibiting the sale of goods and services to an 
     electric consumer unless expressly authorized by the law or 
     the electric consumer.

     ``SEC. 204. APPLICABLE PROCEDURES.

       ``The Federal Trade Commission shall proceed in accordance 
     with section 553 of title 5, United States Code, when 
     prescribing a rule required by this subtitle.

     ``SEC. 205. FEDERAL TRADE COMMISSION ENFORCEMENT.

       ``Violation of a rule issued under this subtitle shall be 
     treated as a violation of a rule under section 18 of the 
     Federal Trade Commission Act (15 U.S.C. 57a) respecting 
     unfair or deceptive acts or practices. All functions and 
     powers of the Federal Trade Commission under such Act are 
     available to the Federal Trade Commission to enforce 
     compliance with this subtitle notwithstanding any 
     jurisdictional limits in such Act.

     ``SEC. 206. STATE AUTHORITY.

       ``Nothing in this subtitle shall be construed to preclude a 
     State or State regulatory authority from prescribing and 
     enforcing laws, rules or procedures regarding

[[Page 3852]]

     the practices which are the subject of this subtitle.

     ``SEC. 207. DEFINITIONS.

       ``As used in this subtitle:
       ``(1) The term `aggregate consumer information' means 
     collective data that relates to a group or category of 
     electric consumers, from which individual consumer identities 
     and identifying characteristics have been removed.
       ``(2) The term `consumer information' means information 
     that relates to the quantity, technical configuration, type, 
     destination, or amount of use of electric energy delivered to 
     an electric consumer.
       ``(3) The terms `electric consumer', `electric utility', 
     and `State regulatory authority' have the meanings given such 
     terms in section 3 of the Public Utility Regulatory Policies 
     Act of 1978 (16 U.S.C. 2602).

                   ``Subtitle B--Electric Reliability

     ``SEC. 208. ELECTRIC RELIABILITY.

       ``Part II of the Federal Power Act (16 U.S.C. 824 et seq.) 
     is amended by inserting the following after section 215 as 
     added by this Act:

     ```SEC. 216. ELECTRIC RELIABILITY.

       ```(a) Definitions.--for purposes of this section--
       ```(1) `bulk-power system' means the network of 
     interconnected transmission facilities and generating 
     facilities;
       ```(2) `electric reliability organization' means a self-
     regulating organization certified by the Commission under 
     subsection (c) whose purpose is to promote the reliability of 
     the bulk power system; and
       ```(3) `reliability standard' means a requirement to 
     provide for reliable operation of the bulk power system 
     approved by the Commission under this section.
       ```(b) Jurisdiction and Applicability.--The Commission 
     shall have jurisdiction, within the United States, over an 
     electric reliability organization, any regional entities, and 
     all users, owners and operators of the bulk power system, 
     including but not limited to the entities described in 
     section 201(f), for purposes of approving reliability 
     standards and enforcing compliance with this section. All 
     users, owners and operators of the bulk-power system shall 
     comply with reliability standards that take effect under this 
     section.
       ```(c) Certification.--
       ```(1) The Commission shall issue a final rule to implement 
     the requirements of this section not later than 180 days 
     after the date of enactment of this section.
       ```(2) following the issuance of a Commission rule under 
     paragraph (1), any person may submit an application to the 
     Commission for certification as an electric reliability 
     organization. The Commission may certify an applicant if the 
     Commission determines that the applicant--
       ```(A) has the ability to develop, and enforce reliability 
     standards that provide for an adequate level of reliability 
     of the bulk-power system;
       ```(B) has established rules that--
       ```(i) assure its independence of the users and owners and 
     operators of the bulk power system; while assuring fair 
     stakeholder representation in the selection of its directors 
     and balanced decision-making in any committee or subordinate 
     organizational structure;
       ```(ii) allocate equitably dues, fees, and other charges 
     among end users for all activities under this section;
       ```(iii) provide fair and impartial procedures for 
     enforcement of reliability standards through imposition of 
     penalties (including limitations on activities, functions, or 
     operations; or other appropriate sanctions); and
       ```(iv) provide for reasonable notice and opportunity for 
     public comment, due process, openness, and balance of 
     interests in developing reliability standards and otherwise 
     exercising its duties.
       ```(3) If the Commission receives two or more timely 
     applications that satisfy the requirements of this 
     subsection, the Commission shall approve only the application 
     it concludes will best implement the provisions of this 
     section.
       ```(d) Reliability Standards.--
       ```(1) An electric reliability organization shall file a 
     proposed reliability standard or modification to a 
     reliability standard with the Commission.
       ```(2) The Commission may approve a proposed reliability 
     standard or modification to a reliability standard if it 
     determines that the standard is just, reasonable, not unduly 
     discriminatory or preferential, and in the public interest. 
     The Commission shall give due weight to the technical 
     expertise of the electric reliability organization with 
     respect to the content of a proposed standard or modification 
     to a reliability standard, but shall not defer with respect 
     to its effect on competition.
       ```(3) The electric reliability organization and the 
     Commission shall rebuttably presume that a proposal from a 
     regional entity organized on an interconnection-wide basis 
     for a reliability standard or modification to a reliability 
     standard to be applicable on an Interconnection-wide basis is 
     just, reasonable, and not unduly discriminatory or 
     preferential, and in the public interest.
       ```(4) The Commission shall remand to the electric 
     reliability organization for further consideration a proposed 
     reliability standard or a modification to a reliability 
     standard that the Commission disapproves in whole or in part.
       ```(5) The Commission, upon its own motion or upon 
     complaint, may order an electric reliability organization to 
     submit to the Commission a proposed reliability standard or a 
     modification to a reliability standard that addresses a 
     specific matter if the Commission considers such a new or 
     modified reliability standard appropriate to carry out this 
     section.
       ```(e) Enforcement.--
       ```(1) An electric reliability organization may impose a 
     penalty on a user or owner or operator of the bulk power 
     system if the electric reliability organization, after notice 
     and an opportunity for a hearing--
       ```(A) finds that the user or owner or operator of the bulk 
     power system has violated a reliability standard approved by 
     the Commission under subsection (d); and
       ```(B) files notice with the Commission, which shall 
     affirm, set aside or modify the action.
       ```(2) On its own motion or upon complaint, the Commission 
     may order compliance with a reliability standard and may 
     impose a penalty against a user or owner or operator of the 
     bulk power system, if the Commission finds, after notice and 
     opportunity for a hearing, that the user or owner or operator 
     of the bulk power system has violated or threatens to violate 
     a reliability standard.
       ```(3) The Commission shall establish regulations 
     authorizing the electric reliability organization to enter 
     into an agreement to delegate authority to a regional entity 
     for the purpose of proposing and enforcing reliability 
     standards (including related activities) if the regional 
     entity satisfies the provisions of subsection (c)(2)(A) and 
     (B) and the agreement promotes effective and efficient 
     administration of bulk power system reliability, and may 
     modify such delegation. The electric reliability organization 
     and the Commission shall rebuttably presume that a proposal 
     for delegation to a regional entity organized on an 
     interconnection-wide basis promotes effective and efficient 
     administration of bulk power system reliability and should be 
     approved. Such regulation may provide that the Commission may 
     assign the electric reliability organization's authority to 
     enforce reliability standards directly to a regional entity 
     consistent with the requirements of this paragraph.
       ```(4) The Commission may take such action as is necessary 
     or appropriate against the electric reliability organization 
     or a regional entity to ensure compliance with a reliability 
     standard or any Commission order affecting the electric 
     reliability organization or a regional entity.
       ```(f) Changes in Electricity Reliability Organizations 
     Rules.--An electric reliability organization shall file with 
     the Commission for approval any proposed rule or proposed 
     rule change, accompanied by an explanation of its basis and 
     purpose. The Commission, upon its own motion or complaint, 
     may propose a change to the rules of the electric reliability 
     organization. A proposed rule or proposed rule change shall 
     take effect upon a finding by the Commission, after notice 
     and opportunity for comment, that the change is just, 
     reasonable, not unduly discriminatory or preferential, is in 
     the public interest, and satisfies the requirements of 
     subsection (c)(2).
       ```(g) Coordination With Canada and Mexico.--
       ```(1) The electric reliability organization shall take all 
     appropriate steps to gain recognition in Canada and Mexico.
       ```(2) The President shall use his best efforts to enter 
     into international agreements with the governments of Canada 
     and Mexico to provide for effective compliance with 
     reliability standards and the effectiveness of the electric 
     reliability organization in the United States and Canada or 
     Mexico.
       ```(h) Reliability Reports.--The electric reliability 
     organization shall conduct periodic assessments of the 
     reliability and adequacy of the interconnected bulk-power 
     system in North America.
       ```(i) Savings Provisions.--
       ```(1) The electric reliability organization shall have 
     authority to develop and enforce compliance with standards 
     for the reliable operation of only the bulk-power system.
       ```(2) This section does not provide the electric 
     reliability organization or the Commission with the authority 
     to order the construction of additional generation or 
     transmission capacity or to set and enforce compliance with 
     standards for adequacy or safety of electric facilities or 
     services.
       ```(3) Nothing in this section shall be construed to 
     preempt any authority of any State to take action to ensure 
     the safety, adequacy, and reliability of electric service 
     within that State, as long as such action is not inconsistent 
     with any reliability standard.
       ```(4) Within 90 days of the application of the electric 
     reliability organization or other affected party, and after 
     notice and opportunity for comment, the Commission shall 
     issue a final order determining whether a state action is 
     inconsistent with a reliability standard, taking into 
     consideration any recommendations of the electric reliability 
     organization.

[[Page 3853]]

       ```(5) The Commission, after consultation with the electric 
     reliability organization, may stay the effectiveness of any 
     state action, pending the Commission's issuance of a final 
     order.
       ```(j) Application of Antitrust Laws.--
       ```(1) In general.--To the extend undertaken to develop, 
     implement, or enforce a reliability standard, each of the 
     following activities shall not, in any action under the 
     antitrust laws, be deemed illegal per se:
       ```(A) activities undertaken by an electric reliability 
     organization under this section, and
       ```(B) activities of a user or owner or operator of the 
     bulk power system undertaken in good faith under the rules of 
     an electric reliability organization.
       ```(2) Rule of reason.--In any action under the antitrust 
     laws, an activity described in paragraph (1) shall be judged 
     on the basis of its reasonableness, taking into account all 
     relevant factors affecting competition and reliability.
       ```(3) Definition.--For purposes of this subsection. 
     `antitrust laws' has the meaning given the term in subsection 
     (a) of the first section of the Clayton Act (15 U.S.C. 
     12(a)), except that it includes section 5 of the Federal 
     Trade Commission Act (15 U.S.C. 45) to the extent that 
     section 5 applies to unfair methods of competition.
       ```(k) Regional Advisory Bodies.--The Commission shall 
     establish a regional advisory body on the petition of at 
     least two-thirds of the States within a region that have more 
     than one-half of their electric load served within the 
     region. A regional advisory body shall be composed of one 
     member from each participating State in the region, appointed 
     by the Governor of each State, and may include 
     representatives of agencies, States, and provinces outside 
     the United States. A regional advisory body may provide 
     advice to the electric reliability organization, a regional 
     reliability entity, or the Commission regarding the 
     governance of an existing or proposed regional reliability 
     entity within the same region, whether a standard proposed to 
     apply within the region is just, reasonable, not unduly 
     discriminatory or preferential, and in the public interest, 
     whether fees proposed to be assessed within the region are 
     just, reasonable, not unduly discriminatory or preferential, 
     and in the public interest and any other responsibilities 
     requested by the Commission. The Commission may give 
     deference to the advice of any such regional advisory body if 
     that body is organized on an interconnection-wide basis.
       ```(l) Application to Alaska and Hawaii.--The provisions of 
     this section do not apply to Alaska and Hawaii.''
                                  ____

  SA 3048. Mr. SMITH of Oregon submitted an amendment intended to be 
proposed to amendment SA 2917 proposed by Mr. Daschle (for himself and 
Mr. Bingaman) to the bill (S. 517) to authorize funding the Department 
of Energy to enhance its mission areas through technology transfer and 
partnerships for fiscal years 2002 through 2006, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of Section 929, insert the following:

     ``SEC.  . STUDY OF ENERGY EFFICIENCY STANDARDS.

       ``(1) The Secretary of Energy is directed to contract with 
     the National Academy of Sciences for a study, to be completed 
     within one year of enactment of this Act, to examine whether 
     the goals of energy efficiency standards are best served by 
     measurement of energy consumed, and efficiency improvements, 
     at the actual site of energy consumption, or through the full 
     fuel cycle, beginning at the source of energy production. The 
     Secretary shall submit the report of the Academy to the 
     Committee on Energy and Commerce of the House of 
     Representatives and Committee on Energy and Natural Resources 
     of the Senate.
       ``(2) There are authorized such sums as are necessary for 
     carrying out the study authorized in this section.''
       Renumber subsequent subsections accordingly.
                                  ____

  SA 3049. Mr. CRAIG proposed an amendment to amendment SA 3016 
proposed by Mr. Bingaman to the amendment SA 2917 proposed by Mr. 
Daschle (for himself and Mr. Bingaman) to the bill (S. 517) to 
authorize funding the Department of Energy to enhance its mission areas 
through technology transfer and partnerships for fiscal years 2002 
through 2006, and for other purposes; as follows:

       On page 6, strike line 9 and all that follows through line 
     15 and insert the following:
       ``The term `biomass' means any organic material that is 
     available on a renewable or recurring basis, including 
     dedicated energy crops, trees grown for energy production, 
     wood waste and wood residues, plants (including aquatic 
     plants, grasses, and agricultural crops), residues, fibers, 
     animal wastes and other organic waste materials, and fats and 
     oils, except that with respect to material removed from 
     National Forest System lands the term includes only organic 
     material from--
       ``(A) thinnings from trees that are less than 12 inches in 
     diameter;
       ``(B) slash;
       ``(C) brush; and
       ``(D) mill residues.''.
                                  ____

  SA 3050. Ms. LANDRIEU (for herself and Mr. Kyl) proposed an amendment 
to amendment SA 2917 proposed by Mr. Daschle (for himself and Mr. 
Bingaman) to the bill (S. 517) to authorize funding the Department of 
Energy to enhance its mission areas through technology transfer and 
partnerships for fiscal years 2002 through 2006, and for other 
purposes; as follows:

       At the appropriate place, insert the following:

     SEC.   . PARTICIPANT-FUNDED INVESTMENT.

       Section 205 of the Federal Power Act is amended by 
     inserting after subsection (h) the following:
       ``(i) Transmission Expansion Costs.--
       ``(1) Rates for transmission expansion.--Upon the request 
     of a Regional Transmission Organization, or any transmission 
     entity operating within an RTO that is authorized by the 
     Commission, the Commission shall authorize the recovery of 
     costs on a participant-funding basis of transmission 
     facilities that increase the transfer capability of the 
     transmission system. The Commission shall not authorize the 
     recovery of costs in rates on a rolled-in basis for such 
     transmission facilities unless the Commission finds that, 
     based upon substantial evidence--
       ``(A) the transmission investment is identified and 
     incorporated in the regional transmission plan of a FERC 
     approval regional transmission organization;
       ``(B) participant funding for the investment is not 
     feasible because the beneficiaries of the investment cannot 
     be identified; and
       ``(C) the transmission investment is necessary to maintain 
     reliability of the transmission grid within the area covered 
     by the regional transmission organization.
       ``(2) Participant-funded.--The term `participant-funded' 
     means an investment in the transmission system of a regional 
     transmission organization or any Commission authorized entity 
     operating within the RTO that--
       ``(A) increases the transfer capability of the transmission 
     system; and
       ``(B) is paid for by an entity that, in return for payment 
     receives the tradable transmission rights created by the 
     investment.
       ``(3) Tradable transmission right.--The term `tradable 
     transmission right' means the right of the holder of such 
     right to avoid payment of, or have rebated, transmission 
     congestion charges on the transmission system of a regional 
     transmission organization, or the right to use a specified 
     capacity of such transmission system without payment of 
     transmission congestion charges.
       ``(4) Regional transmission organization facilitation.--
       ``(A) In general.--To encourage the regional transmission 
     organization or any Commission-authorized transmission entity 
     operating within the RTO to identify participant-funded 
     investment, the Commission shall allow a regional 
     transmission organization or any entity constructing a 
     participant funded project within the RTO to--
       ``(i) receive a share of the value of the tradable 
     transmission rights created by the participant-funded 
     expansion; or
       ``(ii) receive a development fee.''.
                                  ____

  SA 3051. Mr. FITZGERALD submitted an amendment intended to be 
proposed to amendment SA 2917 proposed by Mr. Daschle (for himself and 
Mr. Bingaman) to the bill (S. 517) to authorize funding the Department 
of Energy to enhance its mission areas through technology transfer and 
partnerships for fiscal years 2002 through 2006, and for other 
purposes; which was ordered to lie on the table; as follows:

       Beginning on page 64, strike line 9 and all that follows 
     through page 65, line 2, and insert the following:
       (a) Definitions.--In this section:
       (1) Biomass.--The term ``biomass'' means--
       (A) organic material from a plant that is planted for the 
     purpose of being used to produce energy; and
       (B) nonhazardous, lignocellulosic or hemicellulosic matter 
     or agricultural animal waste material that is segregated from 
     other waste material and is derived from--
       (i) forest-related--

       (I) harvesting residue;
       (II) precommercial thinnings;
       (III) slash; or
       (IV) brush;

       (ii) an agricultural crop, crop byproduct, or residue 
     resource (not including vegetation produced on land enrolled 
     in the conservation reserve program under subchapter B of 
     chapter 1 of subtitle D of title XII of the Food Security Act 
     of 1985 (16 U.S.C. 3831 et seq.) if harvesting the vegetation 
     would be inconsistent with the environmental purposes of the 
     program);
       (iii) miscellaneous waste such as landscape or right-of-way 
     tree trimmings, but not including--

[[Page 3854]]

       (I) incinerated municipal solid waste;
       (II) recyclable postconsumer waste paper;
       (III) painted, treated, or pressurized wood;
       (IV) wood contaminated with plastic or metal; or
       (V) tires; or

       (iv) animal waste from an animal feeding operation with not 
     more than 1,000 animal units.
       (2) Renewable energy.--The term ``renewable energy'' means 
     electric energy generated from--
       (A) a solar, wind, biomass, geothermal, or fuel cell 
     source; or
       (B)(i) additional hydroelectric generation capacity 
     achieved from increased efficiency; or
       (ii) an addition of new capacity at a hydroelectric dam in 
     existence on the date of enactment of this Act.
       (b) Requirement.--
       (1) In general.--The President shall ensure that, of the 
     total amount of electric energy that all Federal agencies, in 
     the aggregate, consume during any fiscal year--
       (A) not less than 3 percent in fiscal years 2003 through 
     2004;
       (B) not less than 5 percent in fiscal years 2005 through 
     2009; and
       (C) not less than 7.5 percent in fiscal year 2010 and each 
     fiscal year thereafter;
     shall be renewable energy.
       (2) Innovative purchasing practices.--In carrying out 
     paragraph (1), the President shall encourage Federal agencies 
     to use innovative purchasing practices, including aggregation 
     and the use of renewable energy derivatives.
       On page 73, between lines 9 and 10, insert the following:
       ``(1) Biomass.--The term `biomass' means--
       ``(A) organic material from a plant that is planted for the 
     purpose of being used to produce energy; and
       ``(B) nonhazardous, lignocellulosic or hemicellulosic 
     matter or agricultural animal waste material that is 
     segregated from other waste material and is derived from--
       ``(i) forest-related--

       ``(I) harvesting residue;
       ``(II) precommercial thinnings;
       ``(III) slash; or
       ``(IV) brush;

       ``(ii) an agricultural crop, crop byproduct, or residue 
     resource (not including vegetation produced on land enrolled 
     in the conservation reserve program under subchapter B of 
     chapter 1 of subtitle D of title XII of the Food Security Act 
     of 1985 (16 U.S.C. 3831 et seq.) if harvesting the vegetation 
     would be inconsistent with the environmental purposes of the 
     program);
       ``(iii) miscellaneous waste such as landscape or right-of-
     way tree trimmings, but not including--

       ``(I) incinerated municipal solid waste;
       ``(II) recyclable postconsumer waste paper;
       ``(III) painted, treated, or pressurized wood;
       ``(IV) wood contaminated with plastic or metal; or
       ``(V) tires; or

       ``(iv) animal waste from an animal feeding operation with 
     not more than 1,000 animal units.
                                  ____

  SA 3052. Mr. MURKOWSKI proposed an amendment to amendment SA 3016 
proposed by Mr. Bingaman to the amendment SA 2917 proposed by Mr. 
Daschle (for himself and Mr. Bingaman) to the bill (S. 517) to 
authorize funding the Department of Energy to enhance its mission areas 
through technology transfer and partnerships for fiscal years 2002 
through 2006, and for other purposes; as follows:

       On page 6, on line 6, strike ``mix.'' and insert ``mix. The 
     provisions of this section shall not apply to any retail 
     electric supplier in any State that adopts or has adopted a 
     renewable energy portfolio program.''
                                  ____

  SA 3053. Mr. GRASSLEY submitted an amendment intended to be proposed 
to amendment SA 2917 proposed by Mr. Daschle (for himself and Mr. 
Bingaman) to the bill (S. 517) to authorize funding the Department of 
Energy to enhance its mission areas through technology transfer and 
partnerships for fiscal years 2002 through 2006, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end, add the following:

                  DIVISION __--MISCELLANEOUS PROVISIONS

                      TITLE __--GENERAL PROVISIONS

      SEC. __. REVIEW OF FEDERAL PROCUREMENT INITIATIVES RELATING 
                   TO USE OF RECYCLED PRODUCTS AND FLEET AND 
                   TRANSPORTATION EFFICIENCY.

       Not later than 180 days after the date of enactment of this 
     Act, the Administrator of General Services shall submit to 
     Congress a report that details efforts by each Federal agency 
     to implement the procurement policies specified in Executive 
     Order No. 13101 (63 Fed. Reg. 49643; relating to governmental 
     use of recycled products) and Executive Order No. 13149 (65 
     Fed. Reg. 24607; relating to Federal fleet and transportation 
     efficiency).
                                  ____

  SA 3054. Mr. GRASSLEY submitted an amendment intended to be proposed 
to amendment SA 2917 proposed by Mr. DASCHLE (for himself and Mr. 
Bingaman) to the bill (S. 517) to authorize funding the Department of 
Energy to enhance its mission area through technology transfer and 
partnerships for fiscal years 2002 through 2006, and for other 
purposes; which was ordered to lie on the table; as follows:

       Beginning on page 222, strike lines 5 through 10 and insert 
     the following:
       ``(A) Prohibition.--Subject to subparagraph (E), the use of 
     methyl tertiary butyl ether in motor vehicle fuel--
       ``(i) in any State that has received a waiver under section 
     209(b), is prohibited effective January 1, 2003; and
       ``(ii) in any State not described in clause (i) (other than 
     a State described in subparagraph (C)), is prohibited not 
     later than 4 years after the date of enactment of this 
     paragraph.
                                  ____

  SA 3055. Mr. GRASSLEY submitted an amendment intended to be proposed 
to amendment SA 2917 proposed by Mr. DASCHLE (for himself and Mr. 
Bingaman) to the bill (S. 517) to authorize funding the Department of 
Energy to enhance its mission area through technology transfer and 
partnerships for fiscal years 2002 through 2006, and for other 
purposes; which was ordered to lie on the table; as follows:

         At the end, add the following:
                      DIVISION __-- MISCELLANEOUS
                           TITLE __--GENERAL

     SEC. __. INTERSTATE DAIRY COMPACTS.

         Notwithstanding any other provision of law, a State 
     located in Petroleum Administration for Defense District 1 
     shall not enter into an interstate dairy compact.
                                  ____

  SA 3056. Mr. GRASSLEY submitted an amendment intended to be proposed 
to amendment SA 2917 proposed by Mr. Daschle (for himself and Mr. 
Bingaman) to the bill (S. 517) to authorize funding the Department of 
Energy to enhance its mission areas through technology transfer and 
partnerships for fiscal years 2002 through 2006, and for other 
purposes; which was ordered to lie on the table; as follows:

       Beginning on page 213, strike line 16 and all that follows 
     through page 218, line 14.
       Beginning on page 219, strike line 18 and all that follows 
     through page 224, line 17 and insert the following:
       (6) in recent years, MTBE has been detected in water 
     sources throughout the United States;
       (7) MTBE can be detected by smell and taste at low 
     concentrations;
       (8) while small quantities of MTBE can render water 
     supplies unpalatable, the precise human health effects of 
     MTBE consumption at low levels are yet unknown;
       (9) in the report entitled ``Achieving Clean Air and Clean 
     Water: The Report of the Blue Ribbon Panel on Oxygenates in 
     Gasoline'' and dated September 1999, Congress was urged--
       (A) to eliminate the fuel oxygenate standard; and
       (B) to greatly reduce use of MTBE;
       (10) Congress has--
       (A) reconsidered the relative value of MTBE in gasoline; 
     and
       (B) decided to eliminate use of MTBE as a fuel additive;
       (11) the timeline for elimination of use of MTBE as a fuel 
     additive must be established in a manner that achieves an 
     appropriate balance among the goals of--
       (A) adequate energy supply; and
       (B) reasonable fuel prices; and
       (12) it is appropriate for Congress to provide some limited 
     transition assistance--
       (A) to merchant producers of MTBE who produced MTBE in 
     response to a market created by the oxygenate requirement 
     contained in the Clean Air Act (42 U.S.C. 7401 et seq.); and
       (B) for the purpose of mitigating any fuel supply problems 
     that may result from elimination of a widely-used fuel 
     additive.
       (b) Purposes.--The purposes of this section are--
       (1) to eliminate use of MTBE as a fuel oxygenate; and
       (2) to provide assistance to merchant producers of MTBE in 
     making the transition from producing MTBE to producing other 
     fuel additives.
       (c) Authority for Water Quality Protection From Fuels.--
     Section 211(c) of the Clean Air Act (42 U.S.C. 7545(c)) is 
     amended by adding at the end the following:
       ``(5) Prohibition on use of mtbe.--
       ``(A) In general.--Subject to subparagraph (E), not later 
     than 4 years after the date of enactment of this paragraph, 
     the use of methyl tertiary butyl ether in motor vehicle fuel 
     in any State other than a State described in subparagraph (C) 
     is prohibited.
       ``(B) Regulations.--The Administrator shall promulgate 
     regulations to effect the prohibition in subparagraph (A).
       ``(C) States that authorize use.--A State described in this 
     subparagraph is a State that submits to the Administrator a 
     notice

[[Page 3855]]

     that the State authorizes use of methyl tertiary butyl ether 
     in motor vehicle fuel sold or used in the State.
       ``(D) Publication of notice.--The Administrator shall 
     publish in the Federal Register each notice submitted by a 
     State under subparagraph (C).
       ``(E) Trace quantities.--In carrying out subparagraph (A), 
     the Administrator may allow trace quantities of methyl 
     tertiary butyl ether, not to exceed 0.5 percent by volume, to 
     be present in motor vehicle fuel in cases that the 
     Administrator determines to be appropriate.
       ``(6) MTBE merchant producer conversion assistance.--
       ``(A) In general.--The Secretary of Energy may make grants 
     to merchant producers of methyl tertiary butyl ether in the 
     United States to assist the producers in the conversion of 
     eligible production facilities described in subparagraph (B) 
     to--
       ``(i) the production of iso-octane and alkylates; and
       ``(ii) the production of such other fuel additives as will 
     contribute to replacing quantities of motor fuel rendered 
     unavailable as a result of paragraph (5).
       On page 224, line 18, strike ``(C)'' and insert ``(B)''.
       On page 225, line 10, strike ``(D)'' and insert ``(C)''.
       Beginning on page 227, strike line 3 and all that follows 
     through page 232, line 24.
       On page 233, line 1, strike ``(d)'' and insert ``(b)''.
       Beginning on page 233, strike line 6 and all that follows 
     through page 244, line 23, and insert the following:

     SEC. 8__. FUEL SYSTEM REQUIREMENTS HARMONIZATION STUDY.

       (a) Study.--
       (1) In general.--The Secretary of Energy shall conduct a 
     study of Federal, State, and local requirements concerning 
     motor vehicle fuels, including--
       (A) requirements relating to reformulated gasoline, 
     volatility (measured in Reid vapor pressure), oxygenated 
     fuel, and diesel fuel; and
       (B) other requirements that vary from State to State, 
     region to region, or locality to locality.
       (2) Required elements.--The study shall assess--
       (A) the effect of the variety of requirements described in 
     paragraph (1) on the supply, quality, and price of motor 
     vehicle fuels available to the consumer;
       (B) the effect of Federal, State, and local motor vehicle 
     fuel regulations, including multiple motor vehicle fuel 
     requirements, on--
       (i) domestic refineries;
       (ii) the fuel distribution system; and
       (iii) industry investment in new capacity;
       (C) the effect of the requirements described in paragraph 
     (1) on emissions from vehicles, refineries, and fuel handling 
     facilities; and
       (D) the feasibility of developing national or regional 
     motor vehicle fuel slates for the 48 contiguous States that 
     could--
       (i) enhance flexibility in the fuel distribution 
     infrastructure and improve fuel fungibility;
       (ii) reduce price volatility and costs to consumers and 
     producers;
       (iii) provide increased liquidity to the gasoline market; 
     and
       (iv) enhance fuel quality, consistency, and supply.
       (b) Report.--
       (1) In general.--Not later than June 1, 2006, the Secretary 
     of Energy shall submit to Congress a report on the results of 
     the study conducted under subsection (a).
       (2) Recommendations.--
       (A) In general.--The report shall contain recommendations 
     for legislative and administrative actions that may be 
     taken--
       (i) to improve air quality;
       (ii) to reduce costs to consumers and producers; and
       (iii) to increase supply liquidity.
       (B) Required considerations.--The recommendations under 
     subparagraph (A) shall take into account the need to provide 
     advance notice of required modifications to refinery and fuel 
     distribution systems in order to ensure an adequate supply of 
     motor vehicle fuel in all States.
       (3) Consultation.--In developing the report, the Secretary 
     of Energy shall consult with--
       (A) the Governors of the States;
       (B) automobile manufacturers; and
       (C) motor vehicle fuel producers and distributors.
                                  ____

  SA 3057. Mr. KYL (for himself and Mr. Helms) proposed an amendment to 
amendment SA 3016 proposed by Mr. Bingaman to the amendment SA 2917 
proposed by Mr. Daschle (for himself and Mr. Bingaman) to the bill (S. 
517) to authorize funding the Department of Energy to enhance its 
mission areas through technology transfer and partnerships for fiscal 
years 2002 through 2006, and for other purposes; as follows:

       On page 9 after line 7 insert:
       ``(n) Protection of Consumers.--Upon certification by the 
     Governor of a State to the Secretary of Energy that the 
     application of the Federal renewable portfolio standard would 
     adversely affect consumers in such State, the requirements of 
     this section shall not apply to retail electric sellers in 
     such State. Such suspension shall continue until 
     certification by the Governor of the State to the Secretary 
     of Energy that consumers in such State would no longer be 
     adversely affected by the application of the provisions of 
     this section.''
                                  ____

  SA 3058. Ms. COLLINS (for herself and Ms. Snowe) proposed an 
amendment to amendment SA 3016 proposed by Mr. Bingaman to the 
amendment SA 2917 proposed by Mr. Daschle (for himself and Mr. 
Bingaman) to the bill (S. 517) to authorize funding the Department of 
Energy to enhance its mission areas through technology transfer and 
partnerships for fiscal years 2002 through 2006, and for other 
purposes; as follows:

       On page 8 line 15, delete the period and add ``, or the 
     additional generation above average generation in the three 
     years preceding the date of enactment of this section, to 
     expand electricity production at a facility used to generate 
     electric energy from a renewable energy resource or to cofire 
     biomass that was placed in service before the date of 
     enactment of this section.''
                                  ____

  SA 3059. Mr. BINGAMAN proposed an amendment to amendment SA 2917 
proposed by Mr. Daschle (for himself and Mr. Bingaman) to the bill (S. 
517) to authorize funding the Department of Energy to enhance its 
mission areas through technology transfer and partnerships for fiscal 
years 2002 through 2006, and for other purposes; as follows:

       On page 307, after line 3, insert the following:

                Subtitle E--Rural and Remote Communities

     SEC. 941. SHORT TITLE.

       This subtitle may be cited as the ``Rural and Remote 
     Community Fairness Act''.

     SEC. 942. RURAL AND REMOTE COMMUNITY DEVELOPMENT BLOCK 
                   GRANTS.

       The Housing and Community Development Act of 1974 (Public 
     Law 93-383), is amended by adding at the end the following:

    ``TITLE IX--RURAL AND REMOTE COMMUNITY DEVELOPMENT BLOCK GRANTS

     ``SEC. 901. FINDINGS AND PURPOSE.

       ``(a) Findings.--The Congress finds that--
       ``(1) a modern infrastructure, including energy-efficient 
     housing, electricity, telecommunications, bulk fuel, waste 
     water and potable water service, is a necessary ingredient of 
     a modern society and development of a prosperous economy;
       ``(2) the Nation's rural and remote communities face 
     critical social, economic and environmental problems, arising 
     in significant measure from the high cost of infrastructure 
     development in sparsely populated and remote areas, that are 
     not adequately addressed by existing Federal assistance 
     programs;
       ``(3) in the past, Federal assistance has been instrumental 
     in establishing electric and other utility service in many 
     developing regions of the Nation, and that Federal assistance 
     continues to be appropriate to ensure that electric and other 
     utility systems in rural areas conform with modern standards 
     of safety, reliability, efficiency and environmental 
     protection; and
       ``(4) the future welfare of the Nation and the well-being 
     of its citizens depend on the establishment and maintenance 
     of viable rural and remote communities as social, economic 
     and political entities.
       ``(a) Purpose.--The purpose of this title is the 
     development and maintenance of viable rural and remote 
     communities through the provision of efficient housing, and 
     reasonably priced and environmentally sound energy, water, 
     waste water, and bulk fuel, telecommunications and utility 
     services to those communities that do not have those services 
     or who currently bear costs of those services that are 
     significantly above the national average.

     ``SEC. 902. DEFINITIONS.

       As used in this title:
       ``(1) The term `unit of general local government' means any 
     city, county, town, township, parish, village, borough 
     (organized or unorganized) or other general purpose political 
     subdivision of a State, Guam, the Commonwealth of the 
     Northern Mariana Islands, Puerto Rico, the Republic of the 
     Marshall Islands, the Federated State of Micronesia, the 
     Republic of Palau, the Virgin Islands, and American Samoa, a 
     combination of such political subdivisions that is recognized 
     by the Secretary; and the District of Columbia; or any other 
     appropriate organization of citizens of a rural and remote 
     community that the Secretary may identify.
       ``(2) The term `population' means total resident population 
     based on data compiled by the United States Bureau of the 
     Census and referable to the same point or period in time.
       ``(3) the term `Native American group' means any Indian 
     tribe, band, group, and nation, including Alaska Indians, 
     Aleuts, and

[[Page 3856]]

     Eskimos, and any Alaskan Native Village, of the United 
     States, which is considered an eligible recipient under the 
     Indian Self Determination and Education Assistance Act 
     (Public Law 93-638) or was considered an eligible recipient 
     under chapter 67 of title 31, United States Code, prior to 
     the repeal of such chapter.
       ``(4) The term `Secretary' means the Secretary of Housing 
     and Urban Development.
       ``(5) The term `rural and remote community' means a unit of 
     local general government or Native American group which is 
     served by an electric utility that has 10,000 or less 
     customers with an average retail cost per kilowatt hour of 
     electricity that is equal to or greater than 150 percent of 
     the average retail cost per kilowatt hour of electricity for 
     all consumers in the United States, as determined by data 
     provided by the Energy Information Administration of the 
     Department of Energy.
       ``(6) The term alternative energy sources includes non-
     traditional means of providing electrical energy, including, 
     but not limited to, wind, solar, biomass, municipal solid 
     waste, hydroelectric, geothermal and tidal power.
       ``(7) The term `average retail cost per kilowatt hour of 
     electricity' has the same meaning as `average revenue per 
     kilowatt hour of electricity' as defined by the Energy 
     Information Administration of the Department of Energy.

     ``SEC. 903. AUTHORIZATION OF APPROPRIATIONS.

       ``The Secretary is authorized to make grants to rural and 
     remote communities to carry out activities in accordance with 
     the provisions of the title. For purposes of assistance under 
     section 906, there are authorized to be appropriated 
     $100,000,000 for each of fiscal years 2003 through 2009.

     ``SEC. 904. STATEMENT OF ACTIVITIES AND REVIEW.

       ``(a) Statement of Objectives and Projected Use.--Prior to 
     the receipt in any fiscal year of a grant under section 906 
     by any rural and remote community, the grantee shall have 
     prepared and submitted to the Secretary a final statement of 
     rural and remote community development objectives and 
     projected use of funds.
       ``(b) Public Notice.--In order to permit public examination 
     and appraisal of such statements, to enhance the public 
     accountability of grantees, and to facilitate coordination of 
     activities with different levels of government, the grantee 
     shall in a timely manner--
       ``(1) furnish citizens information concerning the amount of 
     funds available for rural and remote community development 
     activities and the range of activities that may be 
     undertaken;
       ``(2) publish a proposed statement in such manner to afford 
     affected citizens an opportunity to examine its content and 
     to submit comments on the proposed statement and on the 
     community development performance of the grantee;
       ``(3) provide citizens with reasonable access to records 
     regarding the past use of funds received under section 906 by 
     the grantee; and
       ``(4) provide citizens with reasonable notice of, and 
     opportunity to comment on, any substantial change proposed to 
     be made in the use of funds received under section 906 from 
     one eligible activity to another.

     ``The final statement shall be made available to the public, 
     and a copy shall be furnished to the Secretary. Any final 
     statement of activities may be modified or amended from time 
     to time by the grantee in accordance with the same. 
     Procedures required in this paragraph are for the preparation 
     and submission of such statement.
       ``(c) Performance and Evaluation Report.--Each grantee 
     shall submit to the Secretary, at a time determined by the 
     Secretary, a performance and evaluation report, concerning 
     the use of funds made available under section 906, together 
     with an assessment by the grantee of the relationship of such 
     use to the objectives identified in the grantee's statement 
     under subsection (a) and to the requirements of subsection 
     (b). The grantee's report shall indicate its programmatic 
     accomplishments, the nature of and reasons for any changes in 
     the grantee's program objectives, and indications of how the 
     grantee would change its programs as a result of its 
     experiences.
       ``(d) Retention of Income.--
       ``(1) In general.--Any rural and remote community may 
     retain any program income that is realized from any grant 
     made by the Secretary under section 906 if--
       ``(A) such income was realized after the initial 
     disbursement of the funds received by such unit of general 
     local government under such section; and
       ``(B) such unit of general local government has agreed that 
     it will utilize the program income for eligible rural and 
     remote community development activities in accordance with 
     the provisions of this title.
       ``(2) Exception.--The Secretary may, by regulation, exclude 
     from consideration as program income any amounts determined 
     to be so small that compliance with the subsection creates an 
     unreasonable adminstrative burden on the rural and remote 
     community.

     SEC. 905. ELIGIBLE ACTIVITIES.

       ``(a) Activities Included.--Eligible activities assisted 
     under this title may include only--
       ``(1) weatherization and other cost-effective energy-
     related repairs of homes and other buildings;
       ``(2) the acquisition, construction, repair, 
     reconstruction, or installation of reliable and cost-
     efficient facilities for the generation, transmission or 
     distribution of electricity, and telecommunications, for 
     consumption in a rural and remote community or communities;
       ``(3) the acquisition, construction, repair, 
     reconstruction, remediation or installation of facilities for 
     the safe storage and efficient management of bulk fuel by 
     rural and remote communities, and facilities for the 
     distribution of such fuel to consumers in a rural or remote 
     community;
       ``(4) facilities and training to reduce costs of 
     maintaining and operating generation, distribution or 
     transmission systems to a rural and remote community or 
     communities;
       ``(5) the institution of professional management and 
     maintenance services for electricity generation, transmission 
     or distribution to a rural and remote community or 
     communities;
       ``(6) the investigation of the feasibility of alternate 
     energy sources for a rural and remote community or 
     communities;
       ``(7) acquisition, construction, repair, reconstruction, 
     operation, maintenance, or installation of facilities for 
     water or waste water service;
       ``(8) the acquisition or disposition of real property 
     (including air rights, water rights, and other interests 
     therein) for eligible rural and remote community development 
     activities; and
       ``(9) activities necessary to develop and implement a 
     comprehensive rural and remote development plan, including 
     payment of reasonable administrative costs related to 
     planning and execution of rural and remote community 
     development activities.
       ``(b) Activities Undertaken Through Electric Utilities.--
     Eligible activities may be undertaken either directly by the 
     rural and remote community, or by the rural and remote 
     community through local electric utilities.

     ``SEC. 906. ALLOCATION AND DISTRIBUTION OF FUNDS.

       ``For each fiscal year, of the amount approved in an 
     appropriation act under section 903 for grants in any year, 
     the Secretary shall distribute to each rural and remote 
     community which has filed a final statement of rural and 
     remote community development objectives and projected use of 
     funds under section 904, an amount which shall be allocated 
     among the rural and remote communities that filed a final 
     statement of rural and remote community development 
     objectives and projected use of funds under section 904 
     proportionate to the percentage that the average retail price 
     per kilowatt hour of electricity for all classes for 
     consumers in the rural and remote community exceeds the 
     national average retail price per kilowatt hour for 
     electricity for all consumers in the United States, as 
     determined by data provided by the Department of Energy's 
     Energy Information Administration. In allocating funds under 
     this section, the Secretary shall give special consideration 
     to those rural and remote communities that increase economies 
     of scales through consolidation of services, affiliation and 
     regionalization of eligible activities under this title.

     ``SEC. 907. REMEDIES FOR NONCOMPLIANCE.

       ``The provisions of section 111 of the Housing and 
     Community Development Act of 1974 (42 U.S.C. 5311) shall 
     apply to assistance distributed under this title.''.

     SEC. 943. RURAL AND REMOTE COMMUNITIES ELECTRIFICATION 
                   GRANTS.

       Section 313 of the Rural Electrification Act of 1936 (7 
     U.S.C. 940c) is amended by adding after subsection (b) the 
     following:
       ``(c) Rural and Remote Communities Electrification 
     Grants.--The Secretary of Agriculture, in consultation with 
     the Secretary of Energy and the Secretary of the Interior, 
     may provide grants under this Act for the purpose of 
     increasing energy efficiency, siting or upgrading 
     transmission and distribution lines, or providing or 
     modernizing electric facilities to--
       ``(1) a unit of local government of a State or territory; 
     or
       ``(2) an Indian tribe or Tribal College or University as 
     defined in section 316(b)(3) of the Higher Education Act (20 
     U.S.C. 1059c(b)(3)).
       ``(d) Grant Criteria.--The Secretary shall make grants 
     based on a determination of cost-effectiveness and most 
     effective use of the funds to achieve the stated purposes of 
     this section.
       ``(e) Preference.--In making grants under this section, the 
     Secretary shall give a preference to renewable energy 
     facilities.
       ``(f) Definition.--For purposes of this section, the term 
     `Indian tribe' means any Indian tribe, band, nation, or other 
     organized group or community, including any Alaska Native 
     village or regional or village corporation as defined in or 
     established pursuant to the Alaska Native Claims Settlement 
     Act (43 U.S.C. 1601 et seq.), which is recognized as eligible 
     for the special programs and services provided by the United 
     States to Indians because of their status as Indians.
       ``(e) Authorization.--For the purpose of carrying out 
     subsection (c), there are authorized to be appropriated to 
     the Secretary

[[Page 3857]]

     $20,000,000 for each of the seven fiscal years following the 
     date of enactment of this subsection.''.

     SEC. 944. AUTHORIZATION OF APPROPRIATIONS.

       There is hereby authorized to be appropriated $5,000,000 
     for each of fiscal years 2003 through 2009 to the Denali 
     Commission established by the Denali Commission Act of 1998 
     (42 U.S.C. 3121 note) for the purposes of funding the power 
     cost equalization program.

     SEC. 945. RURAL RECOVERY COMMUNITY DEVELOPMENT BLOCK GRANTS.

       Title I of the Housing and Community Development Act of 
     1974 (42 U.S.C. 5301-5321) is amended by adding at the end 
     the following:

     ``SEC. 123. RURAL RECOVERY COMMUNITY DEVELOPMENT BLOCK 
                   GRANTS.

       ``(a) Findings; Purpose.--
       ``(1) Findings.--Congress finds that--
       ``(A) a modern infrastructure, including affordable 
     housing, wastewater and water service, and advanced 
     technology capabilities is a necessary ingredient of a modern 
     society and development of a prosperous economy with minimal 
     environmental impacts;
       ``(B) the Nation's rural areas face critical social, 
     economic, and environmental problems, arising in significant 
     measure from the growing cost of infrastructure development 
     in rural areas that suffer from low per capita income and 
     high rates of outmigration and are not adequately addressed 
     by existing Federal assistance programs; and
       ``(C) the future welfare of the Nation and the well-being 
     of its citizens depend on the establishment and maintenance 
     of viable rural areas as social, economic, and political 
     entities.
       ``(2) Purpose.--The purpose of this section is to provide 
     for the development and maintenance of viable rural areas 
     through the provision of affordable housing and community 
     development assistance to eligible units of general local 
     government and eligible Native American groups in rural areas 
     with excessively high rates of outmigration and low per 
     capita income levels.
       ``(b) Definitions.--In this section:
       ``(1) Eligibility unit of general local government.--The 
     term `eligible unit of general local government' means a unit 
     of general local government that is the governing body of a 
     rural recovery area.
       ``(2) Eligible indian tribe.--The term `eligible Indian 
     tribe' means the governing body of an Indian tribe that is 
     located in a rural recovery area.
       ``(3) Grantee.--The term `grantee' means an eligible unit 
     of general local government or eligible Indian tribe that 
     receives a grant under this section.
       ``(4) Native american group.--The term `Native American 
     group' means any Indian tribe, band, group, and nation, 
     including Alaska Indians, Aleuts, and Eskimos, and any 
     Alaskan Native Village, of the United States, which is 
     considered an eligible recipient under the Indian Self-
     Determination and Education Assistance Act (Public Law 93-
     638) or was considered an eligible recipient under chapter 67 
     of title 31, United States Code, prior to the repeal of such 
     chapter.
       ``(5) Rural recovery area.--The term `rural recovery area' 
     means any geographic area represented by a unit of general 
     local government or a Native American group.--
       ``(A) the borders of which are not adjacent to a 
     metropolitan area;
       ``(B) in which--
       ``(i) the population outmigration level equals or exceeds 1 
     percent over the most recent five year period, as determined 
     by the Secretary of Housing and Urban Development; and,
       ``(ii) the per capita income is less than that of the 
     national nonmetropolitan average; and
       ``(C) that does not include a city with a population of 
     more than 15,000.
       ``(6) Unit of general local government.--
       ``(A) In general.--The term `unit of general local 
     government' means any city, county, town, township, parish, 
     village, borough (organized or unorganized), or other general 
     purpose political subdivision of a State; Guam, the 
     Commonwealth of the Northern Mariana Islands, the Virgin 
     Islands, Puerto Rico, and American Samoa, or a general 
     purpose political subdivision thereof; a combination of such 
     political subdivisions that, except as provided in section 
     106(d)(4), is recognized by the Secretary; and the District 
     of Columbia.
       ``(B) Other entities included.--The term also includes a 
     State or a local public body or agency, community 
     association, or other entity, that is approved by the 
     Secretary for the purpose of providing public facilities or 
     services to a new community.
       ``(c) Grant Authority.--The Secretary may make grants in 
     accordance with this section to eligible units of general 
     local government, Native American groups and eligible Indian 
     tribes that meet the requirements of subsection (d) to carry 
     out eligible activities described in subsection (f).
       ``(d) Eligibility Requirements.--
       ``(1) Statement of rural development objectives.--In order 
     to receive a grant under this section for a fiscal year, an 
     eligible unit of general local government, Native American 
     group or eligible Indian tribe--
       ``(A) shall--
       ``(i) publish a proposed statement of rural development 
     objectives and a description of the proposed eligible 
     activities described in subsection (f) for which the grant 
     will be used; and
       ``(ii) afford residents of the rural recovery area served 
     by the eligible unit of general local government, Native 
     American groups or eligible Indian tribe with an opportunity 
     to examine the contents of the proposed statement and the 
     proposed eligible activities published under clause (i), and 
     to submit comments to the eligible unit of general local 
     government, Native American group or eligible Indian tribe, 
     as applicable, on the proposed statement and the proposed 
     eligible activities, and the overall community development 
     performance of the eligible unit of general local government, 
     Native American groups or eligible Indian tribe, as 
     applicable; and
       ``(B) based on any comments received under subparagraph 
     (A)(ii), prepare and submit to the Secretary--
       ``(i) a final statement of rural development objectives;
       ``(ii) a description of the eligible activities described 
     in subsection (f) for which a grant received under this 
     section will be used; and
       ``(iii) a certification that the eligible unit of general 
     local government, Native American groups or eligible Indian 
     tribe, as applicable, will comply with the requirements of 
     paragraph (2).
       ``(2) Public notice and comment.--In order to enhance 
     public accountability and facilitate the coordination of 
     activities among different levels of government, an eligible 
     unit of general local government, Native American groups or 
     eligible Indian tribe that receives a grant under this 
     section shall, as soon as practicable after such receipt, 
     provide the residents of the rural recovery area served by 
     the eligible unit of general local government, Native 
     American groups or eligible Indian tribe, as applicable, 
     with--
       ``(A) a copy of the final statement submitted under 
     paragraph (1)(B);
       ``(B) information concerning the amount made available 
     under this section and the eligible activities to be 
     undertaken with that amount;
       ``(C) reasonable access to records regarding the use of any 
     amounts received by the eligible unit of general local 
     government, Native American groups or eligible Indian tribe 
     under this section in any preceding fiscal year; and
       ``(D) reasonable notice of, and opportunity to comment on, 
     any substantial change proposed to be made in the use of 
     amounts received under this section from one eligible 
     activity to another.
       ``(e) Distribution of Grants.--
       ``(1) In general.--In each fiscal year, the Secretary shall 
     distribute to each eligible unit of general local government, 
     Native American groups and eligible Indian tribe that meets 
     the requirements of subsection (d)(1) a grant in an amount 
     described in paragraph (2).
       ``(2) Amount.--Of the total amount made available to carry 
     out this section in each fiscal year, the Secretary shall 
     distribute to each grantee the amount equal to the greater 
     of--
       ``(A) the pro rata share of the grantee, as determined by 
     the Secretary, based on the combined annual population 
     outmigration level (as determined by the Secretary of Housing 
     and Urban Development) and the per capita income for the 
     rural recovery area served by the grantee; or
       ``(B) $200,000.
       ``(f) Eligible Activities.--Each grantee shall use amounts 
     received under this section for one or more of the following 
     eligible activities, which may be undertaken either directly 
     by the grantee, or by any local economic development 
     corporation, regional planning district, nonprofit community 
     development corporation, or statewide development 
     organization authorized by the grantee:
       ``(1) the acquisition, construction, repair, 
     reconstruction, operation, maintenance, or installation of 
     facilities for water and wastewater service or any other 
     infrastructure needs determined to be critical to the further 
     development or improvement of a designated industrial park;
       ``(2) the acquisition or disposition of real property 
     (including air rights, water rights, and other interests 
     therein) for rural community development activities;
       ``(3) the development of telecommunications infrastructure 
     within a designated industrial park that encourages high 
     technology business development in rural areas;
       ``(4) activities necessary to develop and implement a 
     comprehensive rural development plan, including payment of 
     reasonable administrative costs related to planning and 
     execution of rural development activities; or
       ``(5) affordable housing initiatives.
       ``(g) Performance and Evaluation Report.--
       ``(1) In general.--Each grantee shall annually submit to 
     the Secretary a performance and evaluation report, concerning 
     the use of amounts received under this section.
       ``(2) Contents.--Each report submitted under paragraph (1) 
     shall include a description of--
       ``(A) the eligible activities carried out by the grantee 
     with amounts received under this section, and the degree to 
     which the grantee has achieved the rural development 
     objectives included in the final statement submitted under 
     subsection (d)(1);

[[Page 3858]]

       ``(B) the nature of and reasons for any change in the rural 
     development objectives or the eligible activities of the 
     grantee after submission of the final statement under 
     subsection (d)(1); and
       ``(C) any manner in which the grantee would change the 
     rural development objectives of the grantee as a result of 
     the experience of the grantee in administering amounts 
     received under this section.
       ``(h) Retention of Income.--A grantee may retain any income 
     that is realized from the grant, if--
       ``(1) the income was realized after the initial 
     disbursement of amounts to the grantee under this section; 
     and
       ``(2) the--
       ``(A) grantee agrees to utilize the income for 1 or more 
     eligible activities; or
       ``(B) amount of the income is determined by the Secretary 
     to be so small that compliance with subparagraph (A) would 
     create an unreasonable administrative burden on the grantee.
       ``(i) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $100,000,000 for 
     each of fiscal years 2003 through 2009.''.
                                  ____

  SA 3060. Mr. BINGAMAN proposed an amendment to amendment SA 2917 
proposed by Mr. Daschle (for himself and Mr. Bingaman) to the bill (S. 
517) to authorize funding the Department of Energy to enhance its 
mission areas through technology transfer and partnerships for fiscal 
years 2002 through 2006, and for other purposes; as follows:

       On page 65, strike line 18 and all that follows through 
     page 67, line 4.
                                  ____

  SA 3061. Mr. BINGAMAN proposed an amendment to amendment SA 2917 
proposed by Mr. Daschle (for himself and Mr. Bingaman) to the bill (S. 
517) to authorize funding the Department of Energy to enhance its 
mission areas through technology transfer and partnerships for fiscal 
years 2002 through 2006, and for other purposes; as follows:

       On page 121, line 24, strike ``and'' and all that follows 
     through page 122, line 2 and insert:
       ``(5) to any person for national security purposes, as 
     determined by the Secretary; and
       ``(6) to a uranium mill licensed by the Commission for the 
     purpose of recycling uranium-bearing material.''.
                                  ____

  SA 3062. Mr. BINGAMAN (for Ms. Cantwell) proposed an amendment to 
amendment SA 2917 proposed by Mr. Daschle (for himself and Mr. 
Bingaman) to the bill (S. 517) to authorize funding the Department of 
Energy to enhance its mission areas through technology transfer and 
partnerships for fiscal years 2002 through 2006, and for other 
purposes; as follows:

       On page 289, after line 4, insert the following:
       ``(41) The term `traffic signal module' means a standard 8-
     inch (200mm) or 12-inch (300mm) traffic signal indication, 
     consisting of a light source, a lens, and all other parts 
     necessary for operation, that communicates movement messages 
     to drivers through red, amber, and green colors.''
                                  ____

  SA 3063. Ms. CANTWELL proposed an amendment to amendment SA 2917 
proposed by Mr. Daschle (for himself and Mr. Bingaman) to the bill (S. 
517) to authorize funding the Department of Energy to enhance its 
mission areas through technology transfer and partnerships for fiscal 
years 2002 through 2006, and for other purposes; as follows:

       On page 289, after line 21, insert the following:
       ``(11) Test procedures for traffic signal modules shall be 
     based on the test method used under the Energy Star program 
     of the Environmental Protection Agency for traffic signal 
     modules, as in effect on the date of enactment of this 
     paragraph.''
                                  ____

  SA 3064. Mr. BINGAMAN (for Ms. Cantwell) proposed an amendment to 
amendment SA 2917 proposed by Mr. Daschle (for himself and Mr. 
Bingaman) to the bill (S. 517) to authorize funding the Department of 
Energy to enhance its mission areas through technology transfer and 
partnerships for fiscal years 2002 through 2006, and for other 
purposes; as follows:

       On page 301, after line 5, insert the following:
       ``(z) Traffic Signal Modules.--Traffic signal modules 
     manufactured on or after January 1, 2006 shall meet the 
     performance requirements used under the Energy Star program 
     of the Environmental Protection Agency for traffic signals, 
     as in effect on the date of enactment of this paragraph, and 
     shall be installed with compatible, electrically-connected 
     signal control interface devices and conflict monitoring 
     systems.''
                                  ____

  SA 3065. Mr. BINGAMAN (for Ms. Cantwell) (for himself and Mr. Smith 
of Oregon)) proposed an amendment to amendment SA 2917 proposed by Mr. 
Daschle (for himself and Mr. Bingaman) to the bill (S. 517) to 
authorize funding the Department of Energy to enhance its mission areas 
through technology transfer and partnerships for fiscal years 2002 
through 2006, and for other purposes; as follows:

       On page 60, lines 20-23, strike ``an electricity-generating 
     cooperative exempt from taxation under section 501(c)(12) or 
     section 1281(a)(2)(C) of the Internal Revenue Code of 1986'' 
     and inserting ``a nonprofit electrical cooperative''.
                                  ____

  SA 3066. Mr. MURKOWSKI (for Mr. Inhofe) proposed an amendment to 
amendment SA 2917 proposed by Mr. Daschle (for himself and Mr. 
Bingaman) to the bill (S. 517) to authorize funding the Department of 
Energy to enhance its mission areas through technology transfer and 
partnerships for fiscal years 2002 through 2006, and for other 
purposes; as follows:

       On page 407, line 4, after ``including'', insert ``flexible 
     alternating current transmission systems,''.
                                  ____

  SA 3067. Mr. BINGAMAN (for Mr. Bayh) proposed an amendment to 
amendment SA 2917 proposed by Mr. Daschle (for himself and Mr. 
Bingaman) to the bill (S. 517) to authorize funding the Department of 
Energy to enhance its mission areas through technology transfer and 
partnerships for fiscal years 2002 through 2006, and for other 
purposes; as follows:

       On page 568, line 20, insert ``geothermal heat pump 
     technology,'' before ``and energy recovery''.
                                  ____

  SA 3068. Mr. BINGAMAN (for Mr. Akaka) proposed an amendment to 
amendment SA 2917 proposed by Mr. Daschle (for himself and Mr. 
Bingaman) to the bill (S. 517) to authorize funding the Department of 
Energy to enhance its mission areas through technology transfer and 
partnerships for fiscal years 2002 through 2006, and for other 
purposes; as follows:

       On page 574, following line 11, insert the following:

     SEC. 1704. UPDATING OF INSULAR AREA RENEWABLE ENERGY AND 
                   ENERGY EFFICIENCY PLANS.

       Section 604 of Public Law 96-597 (48 U.S.C. 1492) is 
     amended--
       (1) in subsection (a) at the end of paragraph (4) by 
     striking ``resources.'' and inserting ``resources; and
       ``(5) the development of renewable energy and energy 
     efficiency technologies since publication of the 1982 
     Territorial Energy Assessment prepared under subsection (c) 
     reveals the need to reassess the state of energy production, 
     consumption, efficiency, infrastructure, reliance on imported 
     energy, and potential of the indigenous renewable energy 
     resources and energy efficiency in regard to the insular 
     areas.''; and
       (2) by adding at the end of subsection (e) ``The Secretary 
     of Energy, in consultation with the Secretary of the Interior 
     and the chief executive officer of each insular area, shall 
     update the plans required under subsection (c) and draft 
     long-term energy plans for each insular area that will 
     reduce, to the extent feasible, the reliance of the insular 
     area on energy imports by the year 2010, and maximize, to the 
     extent feasible, use of renewable energy resources and energy 
     efficiency opportunities. Not later than December 31, 2002, 
     the Secretary of Energy shall submit the updated plans to 
     Congress.''.
                                  ____

  SA 3069. Mr. BINGAMAN (for himself and Mr. Murkowski) proposed an 
amendment to amendment SA 2917 proposed by Mr. Daschle (for himself and 
Mr. Bingaman) to the bill (S. 517) to authorize funding the Department 
of Energy to enhance its mission areas through technology transfer and 
partnerships for fiscal years 2002 through 2006, and for other 
purposes; as follows:

       On page 136, strike line 1 and all that follows through 
     page 148, line 2 and insert the following:

                    TITLE VII--NATURAL GAS PIPELINES

                Subtitle A--Alaska Natural Gas Pipeline

     SEC. 701. SHORT TITLE.

       This subtitle may be cited as the ``Alaska Natural Gas 
     Pipeline Act of 2002''.

     SEC. 702. FINDINGS.

       The Congress finds that:
       (1) Construction of a natural gas pipeline system from the 
     Alaskan North Slope to United States markets is in the 
     national interest and will enhance national energy security 
     by providing access to the significant gas reserves in Alaska 
     needed to meet the anticipated demand for natural gas.

[[Page 3859]]

       (2) The Commission issued a conditional certificate of 
     public convenience and necessity for the Alaska Natural Gas 
     Transportation System, which remains in effect.

     SEC. 703. PURPOSES.

       The purposes of this subtitle are--
       (1) to provide a statutory framework for the expedited 
     approval, construction, and initial operation of an Alaska 
     natural gas transportation project, as an alternative to the 
     framework provided in the Alaska Natural Gas Transportation 
     Act of 1976 (15 U.S.C. 719-719o), which remains in effect;
       (2) to establish a process for providing access to such 
     transportation project in order to promote competition in the 
     exploration, development and production of Alaska natural 
     gas;
       (3) to clarify federal authorities under the Alaska Natural 
     Gas Transportation Act; and
       (4) to authorize federal financial assistance to an Alaska 
     natural gas transportation project as provided in this 
     subtitle.

     SEC. 704. ISSUANCE OF CERTIFICATE OF PUBLIC CONVENIENCE AND 
                   NECESSITY.

       (a) Authority of the Commission.--Notwithstanding the 
     provisions of the Alaska Natural Gas Transportation Act of 
     1976 (15 U.S.C. 719-719o), the Commission may, pursuant to 
     section 7(c) of the Natural Gas Act (15 U.S.C. 717f(c)), 
     consider and act on an application for the issuance of a 
     certificate of public convenience and necessity authorizing 
     the construction and operation of an Alaska natural gas 
     transportation project other than the Alaska Natural Gas 
     Transportation System.
       (b) Issuance of Certificate.--
       (1) The Commission shall issue a certificate of public 
     convenience and necessity authorizing the construction and 
     operation of an Alaska natural gas transportation project 
     under this section if the applicant has satisfied the 
     requirements of section 7(e) of the Natural Gas Act (15 
     U.S.C. 717f(e)).
       (2) In considering an application under this section, the 
     Commission shall presume that--
       (A) a public need exists to construct and operate the 
     proposed Alaska natural gas transportation project; and
       (B) sufficient downstream capacity will exist to transport 
     the Alaska natural gas moving through such project to markets 
     in the contiguous United States.
       (c) Expedited Approval Process.--The Commission shall issue 
     a final order granting or denying any application for a 
     certificate of public and convenience and necessity under 
     section 7(c) of the Natural Gas Act (15 U.S.C. 717f(c)) and 
     this section not more than 60 days after the issuance of the 
     final environmental impact statement for that project 
     pursuant to section 705.
       (d) Prohibition on Certain Pipeline Route.--No license, 
     permit, lease, right-of-way, authorization or other approval 
     required under Federal law for the construction of any 
     pipeline to transport natural gas from lands within the 
     Prudhoe Bay oil and gas lease area may be granted for any 
     pipeline that follows a route that traverses--
       (1) the submerged lands (as defined by the Submerged Lands 
     Act) beneath, or the adjacent shoreline of, the Beaufort Sea; 
     and
       (2) enters Canada at any point north of 68 degrees North 
     latitude.
       (e) Open Season.--Except where an expansion is ordered 
     pursuant to section 706, initial or expansion capacity on any 
     Alaska natural gas transportation project shall be allocated 
     in accordance with procedures to be established by the 
     Commission in regulations governing the conduct of open 
     seasons for such project. Such procedures shall include the 
     criteria for and timing of any open seasons, be consistent 
     with the purposes set forth in section 703(2) and, for any 
     open season for capacity beyond the initial capacity, provide 
     the opportunity for the transportation of natural gas other 
     than from the Prudhoe Bay and Point Thompson units. The 
     Commission shall issue such regulations no later than 120 
     days after the enactment of this subtitle.
       (f) Projects in the Contiguous United States.--Applications 
     for additional or expanded pipeline facilities that may be 
     required to transport Alaska natural gas from Canada to 
     markets in the contiguous United States may be made pursuant 
     to the Natural Gas Act. To the extent such pipeline 
     facilities include the expansion of any facility constructed 
     pursuant to the Alaska Natural Gas Transportation Act of 
     1976, the provisions of that Act shall continue to apply.
       (g) Study of in-State Needs.--The holder of the certificate 
     of public convenience and necessity issued, modified, or 
     amended by the Commission for an Alaska natural gas 
     transportation project shall demonstrate that it has 
     conducted a study of Alaska in-state needs, including tie-in 
     points along the Alaska natural gas transportation project 
     for in-state access.
       (h) Alaska Royalty Gas.--The Commission, upon the request 
     of the State of Alaska and after a hearing, may provide for 
     reasonable access to the Alaska natural gas transportation 
     project for the State of Alaska or its designee for the 
     transportation of the State's royalty gas for local 
     consumption needs within the State, provided that the rates 
     of existing shippers of subscribed capacity on such project 
     shall not be increased as a result of such access.
       (i) Regulations.--The Commission may issue regulations to 
     carry out the provisions of this section.

     SEC. 705. ENVIRONMENTAL REVIEWS.

       (a) Compliance With NEPA.--The issuance of a certificate of 
     public convenience and necessity authorizing the construction 
     and operation of any Alaska natural gas transportation 
     project under section 704 shall be treated as a major federal 
     action significantly affecting the quality of the human 
     environment within the meaning of section 102(2)(C) of the 
     National Environmental Policy Act of 1969 (42 U.S.C. 
     4332(2)(C).
       (b) Designation of Lead Agency.--The Commission shall be 
     the lead agency for purposes of complying with the National 
     Environmental Policy Act of 1969, and shall be responsible 
     for preparing the statement required by section 102(2)(c) of 
     that Act (42 U.S.C. 4332(2)(c)) with respect to an Alaska 
     natural gas transportation project under section 704. The 
     Commission shall prepare a single environmental statement 
     under this section, which shall consolidate the environmental 
     reviews of all Federal agencies considering any aspect of the 
     project.
       (c) Other Agencies.--All Federal agencies considering 
     aspects of the construction and operation of an Alaska 
     natural gas transportation project under section 704 shall 
     cooperate with the Commission, and shall comply with 
     deadlines established by the Commission in the preparation of 
     the statement under this section. The statement prepared 
     under this section shall be used by all such agencies to 
     satisfy their responsibilities under section 102(2)(C) of the 
     National Environmental Policy Act of 1969 (42 U.S.C. 
     4332(2)(C)) with respect to such project.
       (d) Expedited Process.--The Commission shall issue a draft 
     statement under this section not later than 12 months after 
     the Commission determines the application to be complete and 
     shall issue the final statement not later than 6 months after 
     the Commission issues the draft statement, unless the 
     Commission for good cause finds that additional time is 
     needed.

     SEC. 706. PIPELINE EXPANSION.

       (a) Authority.--With respect to any Alaska natural gas 
     transportation project, upon the request of one or more 
     persons and after giving notice and an opportunity for a 
     hearing, the Commission may order the expansion of such 
     project if it determines that such expansion is required by 
     the present and future public convenience and necessity.
       (b) Requirements.--Before ordering an expansion the 
     Commission shall--
       (1) approve or establish rates for the expansion service 
     that are designed to ensure the recovery, on an incremental 
     or rolled-in basis, of the cost associated with the expansion 
     (including a reasonable rate of return on investment);
       (2) ensure that the rates as established do not require 
     existing shippers on the Alaska natural gas transportation 
     project to subsidize expansion shippers;
       (3) find that the proposed shipper will comply with, and 
     the proposed expansion and the expansion of service will be 
     undertaken and implemented based on, terms and conditions 
     consistent with the then-effective tariff of the Alaska 
     natural gas transportation project;
       (4) find that the proposed facilities will not adversely 
     affect the financial or economic viability of the Alaska 
     natural gas transportation project;
       (5) find that the proposed facilities will not adversely 
     affect the overall operations of the Alaska natural gas 
     transportation project;
       (6) find that the proposed facilities will not diminish the 
     contract rights of existing shippers to previously subscribed 
     certificated capacity;
       (7) ensure that all necessary environmental reviews have 
     been completed; and
       (8) find that adequate downstream facilities exist or are 
     expected to exist to deliver incremental Alaska natural gas 
     to market.
       (c) Requirement for a Firm Transportation Agreement.--Any 
     order of the Commission issued pursuant to this section shall 
     be null and void unless the person or persons requesting the 
     order executes a firm transportation agreement with the 
     Alaska natural gas transportation project within a reasonable 
     period of time as specified in such order.
       (d) Limitation.--Nothing in this section shall be construed 
     to expand or otherwise affect any authorities of the 
     Commission with respect to any natural gas pipeline located 
     outside the State of Alaska.
       (e) Regulations.--The Commission may issue regulations to 
     carry out the provisions of this section.

     SEC. 707. FEDERAL COORDINATOR.

       (a) Establishment.--There is established as an independent 
     establishment in the executive branch, the Office of the 
     Federal Coordinator for Alaska Natural Gas Transportation 
     Projects.
       (b) The Federal Coordinator.--The Office shall be headed by 
     a Federal Coordinator for Alaska Natural Gas Transportation 
     Projects, who shall--
       (1) be appointed by the President, by and with the advice 
     of the Senate,
       (2) hold office at the pleasure of the President, and
       (3) be compensated at the rate prescribed for level III of 
     the Executive Schedule (5 U.S.C. 5314).

[[Page 3860]]

       (c) Duties.--The Federal Coordinator shall be responsible 
     for--
       (1) coordinating the expeditious discharge of all 
     activities by federal agencies with respect to an Alaska 
     natural gas transportation project; and
       (2) ensuring the compliance of Federal agencies with the 
     provisions of this subtitle.
       (d) Reviews and Actions of Other Federal Agencies.--
       (1) All reviews conducted and actions taken by any federal 
     officer or agency relating to an Alaska natural gas 
     transportation project authorized under this section shall be 
     expedited, in a manner consistent with completion of the 
     necessary reviews and approvals by the deadlines set forth in 
     this subtitle.
       (2) No federal officer or agency shall have the authority 
     to include terms and conditions that are permitted, but not 
     required, by law on any certificate, right-of-way, permit, 
     lease or other authorization issued to an Alaska natural gas 
     transportation project if the Federal Coordinator determines 
     that the terms and conditions would prevent or impair in any 
     significant respect the expeditious construction and 
     operation of the project.
       (3) Unless required by law, no federal officer or agency 
     shall add to, amend, or abrogate any certificate, right-of-
     way, permit, lease or other authorization issued to an Alaska 
     natural gas transportation project if the Federal Coordinator 
     determines that such action would prevent or impair in any 
     significant respect the expeditious construction and 
     operation of the project.
       (e) State Coordination.--The Federal Coordinator shall 
     enter into a Joint Surveillance and Monitoring Agreement, 
     approved by the President and the Governor of Alaska, with 
     the State of Alaska similar to that in effect during 
     construction of the Trans-Alaska Oil Pipeline to monitor the 
     construction of the Alaska natural gas transportation 
     project. The federal government shall have primary 
     surveillance and monitoring responsibility where the Alaska 
     natural gas transportation project crosses federal lands and 
     private lands, and the state government shall have primary 
     surveillance and monitoring responsibility where the Alaska 
     natural gas transportation project crosses state lands.

     SEC. 708. JUDICIAL REVIEW.

       (a) Exclusive Jurisdiction.--The United States Court of 
     Appeals for the District of Columbia Circuit shall have 
     exclusive jurisdiction to determine--
       (1) the validity of any final order or action (including a 
     failure to act) of any federal agency or officer under this 
     subtitle;
       (2) the constitutionality of any provision of this 
     subtitle, or any decision made or action taken thereunder; or
       (3) the adequacy of any environmental impact statement 
     prepared under the National Environmental Policy Act of 1969 
     with respect to any action under this subtitle.
       (b) Deadline for Filing Claim.--Claims arising under this 
     subtitle may be brought not later than 60 days after the date 
     of the decision or action giving rise to the claim.
       (c) Expedited Consideration.--The United States Court of 
     appeals for the District of Columbia circuit shall set any 
     action brought under subsection (a) of this section for 
     expedited consideration, taking into account the national 
     interest as described in section 702 of this subtitle.
       (d) Amendment to ANGTA.--Section 10(c) of the Alaska 
     Natural Gas Transportation Act of 1976 (15 U.S.C. 719h) is 
     amended by adding the following paragraph:
       ``(2) Expedited consideration.--The United States Court of 
     Appeals for the District of Columbia Circuit shall set any 
     action brought under subsection (a) of this section for 
     expedited consideration, taking into account the national 
     interest described in section 2 of this Act.''

     SEC. 709. STATE JURISDICTION OVER IN-STATE DELIVERY OF 
                   NATURAL GAS.

       (a) Local Distribution.--Any facility receiving natural gas 
     from the Alaska natural gas transportation project for 
     delivery to consumers within the State of Alaska shall be 
     deemed to be a local distribution facility within the meaning 
     of section 1(b) of the Natural Gas Act (15 U.S.C. 717), and 
     therefore not subject to the jurisdiction of the Federal 
     Energy Regulatory Commission.
       (b) Additional Pipelines.--Nothing in this subtitle, except 
     as provided in subsection 704(d), shall preclude or affect a 
     future gas pipeline that may be constructed to deliver 
     natural gas to Fairbanks, Anchorage, Matanuska-Sustina 
     Valley, or the Kenai peninsula or Valdez or any other site in 
     the State of Alaska for consumption within or distribution 
     outside the State of Alaska.
       (c) Rate Coordination.--Pursuant to the Natural Gas Act, 
     the Commission shall establish rates for the transportation 
     of natural gas on the Alaska natural gas transportation 
     project. In exercising such authority, the Commission, 
     pursuant to Section 17(b) of the Natural Gas Act (15 U.S.C. 
     717p), shall confer with the State of Alaska regarding rates 
     (including rate settlements) applicable to natural gas 
     transported on and delivered from the Alaska natural gas 
     transportation project for use within the State of Alaska.

     SEC. 710. LOAN GUARANTEE.

       (a) Authority.--The Secretary of Energy may guarantee not 
     more than 80 percent of the principal of any loan made to the 
     holder of a certificate of public convenience and necessity 
     issued under section 704(b) of this Act or section 9 of the 
     Alaska Natural Gas Transportation Act of 1976 (15 U.S.C. 
     719g) for the purpose of constructing an Alaska natural gas 
     transportation project.
       (b) Conditions.--
       (1) The Secretary of Energy may not guarantee a loan under 
     this section unless the guarantee has filed an application 
     for a certificate of public convenience and necessity under 
     section 704(b) of this Act or for an amended certificate 
     under section 9 of the Alaska Natural Gas Transportation Act 
     of 1976 (15 U.S.C. 719g) with the Commission not later than 
     18 months after the date of enactment of this subtitle.
       (2) A loan guaranteed under this section shall be made by a 
     financial institution subject to the examination of the 
     Secretary.
       (3) Loan requirements, including term, maximum size, 
     collateral requirements and other features shall be 
     determined by the Secretary.
       (c) Limitation on Amount.--Commitments to guarantee loans 
     may be made by the Secretary of Energy only to the extent 
     that the total loan principal, any part of which is 
     guaranteed, will not exceed $10,000,000,000.
       (d) Regulations.--The Secretary of Energy may issue 
     regulations to carry out the provisions of this section.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary such sums as may be 
     necessary to cover the cost of loan guarantees, as defined by 
     section 502(5) of the Federal Credit Reform Act of 1990 (2 
     U.S.C. 661a(5)).

     SEC. 711. STUDY OF ALTERNATIVE MEANS OF CONSTRUCTION.

       (a) Requirement of Study.--If no application for the 
     issuance of a certificate or amended certificate of public 
     convenience and necessity authorizing the construction and 
     operation of an Alaska natural gas transportation project has 
     been filed with the Commission within 18 months after the 
     date of enactment of this title, the Secretary of Energy 
     shall conduct a study of alternative approaches to the 
     construction and operation of the project.
       (b) Scope of Study.--The study shall consider the 
     feasibility of establishing a government corporation to 
     construct an Alaska natural gas transportation project, and 
     alternative means of providing federal financing and 
     ownership (including alternative combinations of government 
     and private corporate ownership) of the project.
       (c) Consultation.--In conducting the study, the Secretary 
     of Energy shall consult with the Secretary of the Treasury 
     and the Secretary of the Army (acting through the Commanding 
     General of the Corps of Engineers).
       (d) Report.--If the Secretary of Energy is required to 
     conduct a study under subsection (a), he shall submit a 
     report containing the results of the study, his 
     recommendations, and any proposals for legislation to 
     implement his recommendations to the Congress within 6 months 
     after the expiration of the Secretary of Energy's authority 
     to guarantee a loan under section 708.

     SEC. 712. CLARIFICATION OF ANGTA STATUS AND AUTHORITIES

       (a) Savings Clause.--Nothing in this subtitle affects any 
     decision, certificate, permit, right-of-way, lease, or other 
     authorization issued under section 9 of the Alaska Natural 
     Gas Transportation Act of 1976 (15 U.S.C. 719g) or any 
     Presidential findings or waivers issued in accordance with 
     that Act.
       (b) Clarification of Authority to Amend Terms and 
     Conditions to Meet Current Project Requirements.--Any Federal 
     officer or agency responsible for granting or issuing any 
     certificate, permit, right-of-way, lease, or other 
     authorization under section 9 of the Alaska Natural Gas 
     Transportation Act of 1976 (15 U.S.C. 719g) may add to, 
     amend, or abrogate any term or condition included in such 
     certificate, permit, right-of-way, lease, or other 
     authorization to meet current project requirements (including 
     the physical design, facilities, and tariff specifications), 
     so long as such action does not compel a change in the basic 
     nature and general route of the Alaska Natural Gas 
     Transportation System as designated and described in section 
     2 of the President's Decision, or would otherwise prevent or 
     impair in any significant respect the expeditious 
     construction and initial operation of such transportation 
     system.
       (c) Updated Environmental Reviews.--The Secretary of Energy 
     shall require the sponsor of the Alaska Natural Gas 
     Transportation System to submit such updated environmental 
     data, reports, permits, and impact analyses as the Secretary 
     determines are necessary to develop detailed terms, 
     conditions, and compliance plans required by section 5 of the 
     President's Decision.

     SEC. 713. DEFINITIONS.

       For purposes of this subtitle:
       (1) The term ``Alaska natural gas'' means natural gas 
     derived from the area of the State of Alaska lying north of 
     64 degrees North latitude.
       (2) The term ``Alaska natural gas transportation project'' 
     means any natural gas pipeline system that carries Alaska 
     natural gas to the border between Alaska and Canada 
     (including related facilities subject to the jurisdiction of 
     the Commission) that is authorized under either--

[[Page 3861]]

       (A) the Alaska Natural Gas Transportation Act of 1976 (15 
     U.S.C. 719-719o); or
       (B) section 704 of this subtitle.
       (3) The term ``Alaska Natural Gas Transportation System'' 
     means the Alaska natural gas transportation project 
     authorized under the Alaska Natural Gas Transportation Act of 
     1976 and designated and described in section 2 of the 
     President's Decision.
       (4) The term ``Commission'' means the Federal Energy 
     Regulatory Commission.
       (5) The term ``President's Decision'' means the Decision 
     and Report to Congress on the Alaska Natural Gas 
     Transportation system issued by the President on September 
     22, 1977 pursuant to section 7 of the Alaska Natural Gas 
     Transportation Act of 1976 (15 U.S.C. 719c) and approved by 
     Public Law 95-158.

     SEC. 714. SENSE OF THE SENATE.

       It is the sense of the Senate that an Alaska natural gas 
     transportation project will provide significant economic 
     benefits to the United States and Canada. In order to 
     maximize those benefits, the Senate urges the sponsors of the 
     pipeline project to make every effort to use steel that is 
     manufactured or produced in North America and to negotiate a 
     project labor agreement to expedite construction of the 
     pipeline.

     SEC. 715. ALASKAN PIPELINE CONSTRUCTION TRAINING PROGRAM.

       (1) Within six months after enactment of this Act, the 
     Secretary of Labor (in this section referred to as the 
     ``Secretary'') shall submit a report to the Committee on 
     Energy and Natural Resources of the United States Senate and 
     the Committee on Resources of the United States House of 
     Representatives setting forth a program to train Alaska 
     residents in the skills and crafts required in the design, 
     construction, and operation of an Alaska gas pipeline system 
     and that will enhance employment and contracting 
     opportunities for Alaskan residents. The report shall also 
     describe any laws, rules, regulations and policies which act 
     as a deterrent to hiring Alaskan residents or contracting 
     with Alaskan residents to perform work on Alaska gas 
     pipelines, together with any recommendations for change. For 
     purposes of this subsection, Alaskan residents shall be 
     defined as those individuals eligible to vote within the 
     State of Alaska on the date of enactment of this Act.
       (2) Within 1 year of the date the report is transmitted to 
     Congress, the Secretary shall establish within the State of 
     Alaska, at such locations as are appropriate, one or more 
     training centers for the express purpose of training Alaskan 
     residents in the skills and crafts necessary in the design, 
     construction and operation of gas pipelines in Alaska. Each 
     such training center shall also train Alaskan residents in 
     the skills required to write, offer, and monitor contracts in 
     support of the design, construction, and operation of Alaska 
     gas pipelines.
       (3) In implementing the report and program described in 
     this subsection, the Secretary shall consult with the Alaskan 
     Governor.
       (4) There are authorized to be appropriated to the 
     Secretary such sums as may be necessary, but not to exceed 
     $20,000,000 for the purposes of this subsection.
                                  ____

  SA 3070. Mr. GRAHAM proposed an amendment to amendment SA 2917 
proposed by Mr. Daschle (for himself and Mr. Bingaman) to the bill (S. 
517) to authorize funding the Department of Energy to enhance its 
mission areas through technology transfer and partnerships for fiscal 
years 2002 through 2006, and for other purposes, as follows:

       Strike Section 606(1)(3) and replace with the following:
       ``(3) Eligible renewable energy resource.--The term 
     `renewable energy resource' means solar, wind, ocean, or 
     geothermal energy, biomass, municipal solid waste, landfill 
     gas, a generation offset, or incremental hydropower.''
                                  ____

  SA 3071. Mr. MURKOWSKI proposed an amendment intended to be proposed 
to amendment SA 2917 proposed by Mr. Daschle (for himself and Mr. 
Bingaman) to the bill (S. 517) to authorize funding the Department of 
Energy to enhance its mission areas through technology transfer and 
partnerships for fiscal years 2002 through 2006, and for other 
purposes, which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following;

     SEC. 1. SHORT TITLE AND FINDINGS.

       (a) This Title can be cited as the ``Iraq Petroleum Import 
     Restriction Act of 2001.''
       (b) Findings.--Congress finds that
       (i) the government of the Republic of Iraq:
       (A) has failed to comply with the terms of United Nations 
     Security Council Resolution 687 regarding unconditional Iraqi 
     acceptance of the destruction, removal, or rendering 
     harmless, under international supervision, of all nuclear, 
     chemical and biological weapons and all stocks of agents and 
     all related subsystems and components and all research, 
     development, support and manufacturing facilities, as well as 
     all ballistic missiles with a range greater than 150 
     kilometers and related major parts, and repair and production 
     facilities and has failed to allow United Nations inspectors 
     access to sites used for the production or storage of weapons 
     of mass destruction.
       (B) routinely contravenes the terms and conditions of UNSC 
     Resolution 661, authorizing the export of petroleum products 
     from Iraq in exchange for food, medicine and other 
     humanitarian products by conducting a routine and extensive 
     program to sell such products outside of the channels 
     established by UNSC Resolution 661 in exchange for military 
     equipment and materials to be used in pursuit of its program 
     to develop weapons of mass destruction in order to threaten 
     the United States and its allies in the Persian Gulf and 
     surrounding regions.
       (C) has failed to adequately draw down upon the amounts 
     received in the Escrow Account established by UNSC Resolution 
     986 to purchase food, medicine and other humanitarian 
     products required by its citizens, resulting in massive 
     humanitarian suffering by the Iraqi people.
       (D) conducts a periodic and systematic campaign to harass 
     and obstruct the enforcement of the United States and United 
     Kingdom-enforced ``No-Fly Zones'' in effect in the Republic 
     of Iraq.
       (E) routinely manipulates the petroleum export production 
     volumes permitted under UNSC Resolution 661 in order to 
     create uncertainty in global energy markets, and therefore 
     threatens the economic security of the United States.
       (ii) Further imports of petroleum products from the 
     Republic of Iraq are inconsistent with the national security 
     and foreign policy interests of the United States and should 
     be eliminated until such time as they are not so 
     inconsistent.

     SEC. 2. PROHIBITION ON IRAQI-ORIGIN PETROLEUM IMPORTS.

       The direct or indirect import from Iraq of Iraqi-origin 
     petroleum and petroleum products is prohibited, 
     notwithstanding an authorization by the Committee established 
     by UNSC Resolution 661 or its designee, or any other order to 
     the contrary.

     SEC. 3. TERMINATION/PRESIDENTIAL CERTIFICATION.

       This Act will remain in effect until such time as the 
     President, after consultation with the relevant committees in 
     Congress, certifies to the Congress that--
       (1) Iraq is in substantial compliance with the terms of--
       (A) UNSC Resolution 687 regarding the access of UN Special 
     Commission inspectors to suspected Iraqi Weapons of Mass 
     Destruction program sites; and
       (B) UNSC Resolution 986 prohibiting the smuggling of 
     petroleum by Iraq in circumvention of the ``Oil-for-Food'' 
     program; or that
       (2) resuming the importation of Iraqi-origin petroleum and 
     petroleum products would not be inconsistent with the 
     national security and foreign policy interests of the United 
     States.

     SEC. 4. HUMANITARIAN INTERESTS.

       It is the sense of the Senate that the President should 
     make all appropriate efforts to ensure that the humanitarian 
     needs of the Iraqi people are not negatively affected by this 
     Act, and should encourage through public, private, domestic 
     and international means through the direct or indirect sale, 
     donation or other transfer to appropriate non-governmental 
     health and humanitarian organizations and individuals within 
     Iraq of food, medicine and other humanitarian products.

     SEC. 5. DEFINITIONS.

       (a) ``661 Committee.'' The term 661 Committee means the 
     Security Council Committee established by UNSC Resolution 
     661, and persons acting for or on behalf of the Committee 
     under its specific delegation of authority for the relevant 
     matter or category of activity, including the overseers 
     appointed by the UN Secretary-General to examine and approve 
     agreements for purchases of petroleum and petroleum products 
     from the Government of Iraq pursuant to UNSC Resolution 986.
       (b) ``UNSC Resolution 661.'' The term UNSC Resolution 661 
     means United Nations Security Council Resolution No. 661, 
     adopted August 6, 1990, prohibiting certain transactions with 
     respect to Iraq and Kuwait.
       (c) ``UNSC Resolution 687.'' The term UNSC Resolution 986 
     means United Nations Security Council Resolution 687, adopted 
     April 3, 1991.
       (d) ``UNSC Resolution 986.'' The term UNSC Resolution 986 
     means United Nations Security Council Resolution 986, adopted 
     April 14, 1995.

     SEC. 6. EFFECTIVE DATE.

       The prohibition on importation of Iraqi origin petroleum 
     and petroleum products shall be effective 30 days after 
     enactment of this Act.
                                  ____

  SA 3072. Mr. DURBIN submitted an amendment intended to be proposed to 
amendment SA 2917 proposed by Mr. Daschle (for himself and Mr. 
Bingaman) to the bill (S. 517) to authorize funding the Department of 
Energy to enhance its mission areas through technology transfer and 
partnerships for fiscal years 2002 through 2006, and

[[Page 3862]]

for other purposes; which was ordered to lie on the table; as follows:

       On page 523, between lines 16 and 17, insert the following:

     SEC. 1704. CONSUMER ENERGY COMMISSION.

       (a) Establishment of Commission.--There is established a 
     commission to be known as the ``Consumer Energy Commission''.
       (b) Membership.--
       (1) In general.--The Commission shall be comprised of 11 
     members.
       (2) Appointments by the senate and house.--The majority 
     leader and minority leader of the Senate and the majority 
     leader and minority leader of the House of Representatives 
     shall each appoint 2 members--
       (A) 1 of whom shall represent consumer groups focusing on 
     energy issues; and
       (B) 1 of whom shall represent the energy industry.
       (3) Appointments by the president.--The President shall 
     appoint 1 member from each of--
       (A) the Energy Information Administration;
       (B) the Federal Energy Regulatory Commission; and
       (C) the Federal Trade Commission.
       (4) Date of appointments.--The appointment of a member of 
     the Commission shall be made not later than 30 days after the 
     date of enactment of this Act.
       (c) Term.--A member shall be appointed for the life of the 
     Commission.
       (d) Initial Meeting.--Not later than 20 days after the date 
     on which all members of the Commission have been appointed, 
     the Commission shall hold the initial meeting of the 
     Commission.
       (e) Chairperson and Vice Chairperson.--The Commission shall 
     select a Chairperson and Vice Chairperson from among the 
     members of the Commission.
       (f) Information and Administrative Expenses.--The Federal 
     agencies specified in subsection (b)(3) shall provide the 
     Commission such information as the Commission requires, and 
     pay such administrative expenses as the Commission incurs, in 
     carrying out this section.
       (g) Duties.--
       (1) Study.--
       (A) In general.--The Commission shall conduct a nationwide 
     study of significant price spikes in major United States 
     consumer energy products since 1990.
       (B) Energy products.--The Commission shall study the prices 
     of--
       (i) electricity;
       (ii) gasoline;
       (iii) home heating oil;
       (iv) natural gas; and
       (v) propane.
       (C) Matters to be studied.--The study shall--
       (i) focus on the causes of large fluctuations and sharp 
     spikes in prices, including insufficient inventories, supply 
     disruptions, refinery capacity limits, insufficient 
     infrastructure, over-regulation or under-regulation, flawed 
     deregulation, excessive consumption, over-reliance on foreign 
     supplies, insufficient research and development of 
     alternative energy sources, opportunistic behavior by energy 
     companies, and abuse of market power; and
       (ii) investigate market concentration, potential misuse of 
     market power, and any other relevant market failures.
       (2) Report.--Not later than 180 days after the date of the 
     first meeting of the Commission, the Commission shall submit 
     to Congress a report that contains--
       (A) a detailed statement of the findings and conclusions of 
     the Commission; and
       (B) recommendations for legislation, administrative 
     actions, and voluntary actions by industry and consumers to 
     protect consumers (including individuals, families, and 
     businesses) from future price spikes in consumer energy 
     products.
                                  ____

  SA 3073. Mr. DURBIN submitted an amendment intended to be proposed to 
amendment SA 2917 proposed by Mr. Daschle (for himself and Mr. 
Bingaman) to the bill (S. 517) to authorize funding the Department of 
Energy to enhance its mission areas through technology transfer and 
partnerships for fiscal years 2002 through 2006, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. CREDIT FOR WIND ENERGY PROPERTY INSTALLED IN 
                   RESIDENCES AND BUSINESSES.

       (a) In General.--Subpart B of part IV of subchapter A of 
     chapter 1, as amended by this Act, is amended by inserting 
     after section 30C the following new section:

     ``SEC. 30D. WIND ENERGY PROPERTY.

       ``(a) Allowance of Credit.--There shall be allowed as a 
     credit against the tax imposed by this chapter for the 
     taxable year an amount equal to 30 percent (10 percent after 
     December 31, 2011) of the amount paid or incurred by the 
     taxpayer for qualified wind energy property placed in service 
     or installed during such taxable year.
       ``(b) Limitation.--No credit shall be allowed under 
     subsection (a) unless at least 50 percent of the energy 
     produced annually by the qualified wind energy property is 
     consumed on the site on which the property is placed in 
     service or installed.
       ``(c) Qualified Wind Energy Property.--For purposes of this 
     section, the term `qualified wind energy property' means a 
     qualifying wind turbine if--
       ``(1) in the case of an individual, the property is 
     installed on or in connection with a dwelling unit which is 
     located in the United States and which is owned and used as 
     the taxpayer's principal residence,
       ``(2) the original use of which commences with the 
     taxpayer, and
       ``(3) the property carries at least a 5-year limited 
     warranty covering defects in design, material, or 
     workmanship, and, for property that is not installed by the 
     taxpayer, at least a 5-year limited warranty covering defects 
     in installation.
       ``(d) Other Definitions.--For purposes of this section--
       ``(1) Qualifying wind turbine.--The term `qualifying wind 
     turbine' means a wind turbine of 75 kilowatts of rated 
     capacity or less which meets the latest performance rating 
     standards published by the American Wind Energy Association 
     or the International Electrotechnical Commission and which is 
     used to generate electricity.
       ``(2) Principal residence.--The term `principal residence' 
     shall have the same meaning as when used in section 121.
       ``(e) Limitation Based on Amount of Tax.--
       ``(1) In general.--The credit allowed under subsection (a) 
     for any taxable year shall not exceed the excess of--
       ``(A) the sum of the regular tax liability (as defined in 
     section 26(b)) plus the tax imposed by section 55, over
       ``(B) the sum of the credits allowable under this part 
     (other than under this section and subpart C thereof, 
     relating to refundable credits) and section 1397E.
       ``(2) Carryover of unused credit.--If the credit allowable 
     under subsection (a) exceeds the limitation imposed by 
     paragraph (1) for such taxable year, such excess shall be 
     carried to the succeeding taxable year and added to the 
     credit allowable under subsection (a) for such taxable year.
       ``(f) Special Rules.--For purposes of this section--
       ``(1) Tenant-stockholder in cooperative housing 
     corporation.--In the case of an individual who is a tenant-
     stockholder (as defined in section 216(b)(2)) in a 
     cooperative housing corporation (as defined in section 
     216(b)(1)), such individual shall be treated as having paid 
     his tenant-stockholder's proportionate share (as defined in 
     section 216(b)(3)) of any expenditures paid or incurred for 
     qualified wind energy property by such corporation, and such 
     credit shall be allocated appropriately to such individual.
       ``(2) Condominiums.--
       ``(A) In general.--In the case of an individual who is a 
     member of a condominium management association with respect 
     to a condominium which he owns, such individual shall be 
     treated as having paid his proportionate share of 
     expenditures paid or incurred for qualified wind energy 
     property by such association, and such credit shall be 
     allocated appropriately to such individual.
       ``(B) Condominium management association.--For purposes of 
     this paragraph, the term `condominium management association' 
     means an organization which meets the requirements of section 
     528(c)(2) with respect to a condominium project of which 
     substantially all of the units are used by individuals as 
     residences.
       ``(g) Basis Adjustment.--For purposes of this subtitle, if 
     a credit is allowed under this section for any expenditure 
     with respect to a residence or other property, the basis of 
     such residence or other property shall be reduced by the 
     amount of the credit so allowed.
       ``(h) Application of Credit.--The credit allowed under this 
     section shall apply to property placed in service or 
     installed after December 31, 2001.''.
       (b) Conforming Amendment.--Subsection (a) of section 1016 
     (relating to general rule for adjustments to basis), as 
     amended by this Act, is amended by striking ``and'' at the 
     end of paragraph (34), by striking the period at the end of 
     paragraph (35) and inserting ``, and'', and by adding at the 
     end the following new paragraph:
       ``(36) in the case of a residence or other property with 
     respect to which a credit was allowed under section 30D, to 
     the extent provided in section 30D(g).''.
       (c) Clerical Amendment.--The table of sections for subpart 
     B of part IV of subchapter A of chapter 1, as amended by this 
     Act, is amended by inserting after the item relating to 
     section 30C the following new item:

``Sec. 30D. Wind energy property.''.

       (d) Effective Date.--The amendments made by this section 
     shall apply to property placed in service or installed after 
     December 31, 2001, in taxable years ending after such date.
                                  ____

  SA 3074. Mr. DURBIN (for himself and Ms. Collins) submitted an 
amendment intended to be proposed to amendment SA 2917 proposed by Mr. 
DASCHLE (for himself and Mr. Bingaman) to the bill (S. 517) to 
authorize funding the Department of Energy to enhance its mission areas 
through technology transfer and partnerships

[[Page 3863]]

for fiscal years 2002 through 2006, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 403, between lines 12 and 13, insert the following:

     SEC. 12__. CONSERVE BY BICYCLING PROGRAM.

       (a) Definitions.--In this section:
       (1) Program.--The term ``program'' means the Conserve by 
     Bicycling Program established by subsection (b).
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Transportation.
       (b) Establishment.--There is established within the 
     National Highway Traffic Safety Administration a program to 
     be known as the ``Conserve by Bicycling Program''.
       (c) Projects.--
       (1) In general.--In carrying out the program, the Secretary 
     shall establish up to 10 pilot projects, subject to 
     appropriations that are--
       (A) dispersed geographically throughout the United States; 
     and
       (B) designed to conserve energy resources by encouraging 
     the use of bicycles in place of motor vehicles.
       (2) Requirements.--A pilot project described in paragraph 
     (1) shall--
       (A) use education and marketing to convert motor vehicle 
     trips to bicycle trips;
       (B) document project results and energy savings (in 
     estimated units of energy conserved);
       (C) facilitate partnerships among interested parties in at 
     least 2 of the fields of--
       (i) transportation;
       (ii) law enforcement;
       (iii) education;
       (iv) public health;
       (v) environment; and
       (vi) energy;
       (D) maximize bicycle facility investments;
       (E) demonstrate methods that may be used in other regions 
     of the United States; and
       (F) facilitate the continuation of ongoing programs that 
     are sustained by local resources.
       (3) Cost sharing.--At least 20 percent of the cost of each 
     pilot project described in paragraph (1) shall be provided 
     from State or local sources.
       (d) Report.--On completion of the program, the Secretary 
     shall submit to Congress a report that describes the results 
     of the program.
       (e) Energy and Bicycling Research Study.--
       (1) In general.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall enter into a 
     contract with the National Academy of Sciences for, and the 
     National Academy of Sciences shall conduct and submit to 
     Congress a report on, a study on the feasibility of 
     converting motor vehicle trips to bicycle trips.
       (2) Components.--The study shall--
       (A) determine the type and duration of motor vehicle trips 
     that people in the United States may feasibly make by 
     bicycle, taking into consideration factors such as--
       (i) weather;
       (ii) land use and traffic patterns;
       (iii) the carrying capacity of bicycles; and
       (iv) bicycle infrastructure;
       (B) determine any energy savings that would result from the 
     conversion of motor vehicle trips to bicycle trips;
       (C) include a cost-benefit analysis of bicycle 
     infrastructure investments; and
       (D) include a description of any factors that would 
     encourage more motor vehicle trips to be replaced with 
     bicycle trips.
       (f) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $6,050,000, of 
     which--
       (1) $5,000,000 shall be used to carry out pilot projects 
     described in subsection (c);
       (2) $300,000 shall be used by the Secretary to coordinate, 
     publicize, and disseminate the results of the program; and
       (3) $750,000 shall be used to carry out subsection (e).

                          ____________________




                    AUTHORITY FOR COMMITTEES TO MEET


            committee on banking, housing, and urban affairs

  Mr. REID. Mr. President, I ask unanimous consent that the Committee 
on Banking, Housing, and Urban Affairs be authorized to meet during the 
session of the Senate on Thursday, March 21, 2002, at 10 a.m., to 
conduct an oversight hearing on ``Accounting and Investor Protection 
Issues Raised by Enron and Other Public Companies.''
  The PRESIDING OFFICER. Without objection, it is so ordered.


           committee on commerce, science, and transportation

  Mr. REID Mr. President, I ask unanimous consent that the Committee on 
Commerce, Science, and Transportation be authorized to meet on 
Thursday, March 21, 2002, at 9:30 a.m. on airport capacity expansion 
plans in the Chicago area.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                          committee on finance

  Mr. REID. Mr. President, I ask unanimous consent that the Committee 
on Finance be authorized to meet during the session of the Senate on 
Thursday, March 21, 2002; at 9:30 a.m., to consider the nomination of 
Randal K. Quarles, to be Assistant Secretary for International Affairs 
of the U.S. Department of Treasury.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                          committee on finance

  Mr. REID. Mr. President, I ask unanimous consent that the Committee 
on Finance be authorized to meet during the session of the Senate on 
Thursday, March 21, 2002, at 10 a.m., to hear testimony on ``Corporate 
Tax Shelters: Looking Under the Roof.''
  The PRESIDING OFFICER. Without objection, it is so ordered.


          committee on health, education, labor, and pensions

  Mr. REID. Mr. President, I ask unanimous consent that the Committee 
on Health, Education, Labor, and Pensions be authorized to meet for a 
hearing on ``IDEA: What's Good For Kids? What Works For Schools?'' 
during the session of the Senate on Thursday, March 21, 2002, at 10 
a.m.
  The PRESIDING OFFICER. Without objection, it is so ordered.


          committee on health, education, labor, and pensions

  Mr. REID. Mr. President, I ask unanimous consent that the Committee 
on Health, Education, Labor, and Pensions be authorized to meet for a 
hearing on ``IDEA: What's Good For Kids? What Works For Schools?'' 
during the session of the Senate on Thursday, March 21, 2002, at 10:30 
a.m.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                      Committee on Indian Affairs

  Mr. REID. Mr. President, I ask unanimous consent that the Committee 
on Indian Affairs be authorized to meet on Thursday, March 21, 2002, at 
9:45 a.m., in Room 485 of the Russell Senate Office Building to conduct 
a business meeting to be followed immediately by a hearing on S. 958, a 
bill to provide for the use and distribution of the funds awarded to 
the Western Shoshone identifiable group under Indian Claims Commission 
Docket Numbers 326-A-1, 326-A-3, and 326-K.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                       Committee on the Judiciary

  Mr. REID. Mr. President, I ask unanimous consent that the Committee 
on the Judiciary be authorized to meet to conduct a hearing on 
``Reforming the FBI in the 21st Century: Lessons From the Oklahoma City 
Bombing Case'' on Thursday, March 21, 2002, in Dirksen Room 106 at 9:30 
a.m.

     Witness list

  Panel I: Glenn A. Fine, Inspector General, Department of Justice, 
Washington, DC;
  Panel II: Robert Chiradio, Executive Assistant Director for 
Administration, Federal Bureau of Investigations, Department of 
Justice, Washington, DC; Bob Dies, Chief Technology Officer, Federal 
Bureau of Investigations, Department of Justice, Washington, DC; Bill 
Hooten, Assistant Director for Records Management, Federal Bureau of 
Investigations, Department of Justice, Washington, DC
  The PRESIDING OFFICER. Without objection, it is so ordered.


                     Committee on Veterans' Affairs

  Mr. REID. Mr. President, I ask unanimous consent that the Committee 
on Veterans' Affairs be authorized to meet during the session of the 
Senate on Thursday, March 21, 2002, for a markup on the nominations of 
Robert H. Roswell to be Under Secretary for Health of the Department of 
Veterans Affairs, and Daniel L. Cooper to be Under Secretary for 
Benefits of the Department of Veterans Affairs. The meeting will take 
place in S-216 of the Capitol at a time to be determined.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                       special committee on aging

  Mr. REID. Mr. President, I ask unanimous consent that the Special 
Committee on Aging be authorized to meet on Thursday, March 21, 2002, 
from 9:30 a.m.-12 p.m.; in Dirksen 628 for the purpose of conducting a 
hearing.
  The PRESIDING OFFICER. Without objection, it is so ordered.

[[Page 3864]]

                    subcommittee on crime and drugs

  Mr. REID. Mr. President, I ask unanimous consent that the Committee 
on the Judiciary Subcommittee on Crime and Drugs be authorized to meet 
to conduct a hearing on ``Homeland Security: Assessing the Needs of 
Local Law Enforcement'' on Thursday, March 21, 2002, at 2:00 p.m., in 
Dirksen 226.

     Witness list

  Panel I: The Honorable Patrick Henry Hays, Mayor; on behalf of the 
U.S. Conference of Mayors; North Little Rock, AR; the Honorable Glenda 
Hood; Mayor, Past President, National League of Cities, Orlando, FL; 
Chief Michael J. Szczerba, Chief of Police, Wilmington Police 
Department, Wilmington, DE; William J. Johnson, Executive Director, 
National Association of Police Organizations, Washington, DC; Sheriff 
Tommy Ferrell, First Vice President, National Sheriffs' Association, 
Adams County, Natchez, MS; David Muhlhausen, Policy Analyst, Heritage 
Foundation, Washington, DC.
  The PRESIDING OFFICER. Without objection, it is so ordered.


            subcommittee on readiness and management support

  Mr. REID. Mr. President, I ask unanimous consent that the 
Subcommittee on Readiness and Management Support of the Committee on 
Armed Services be authorized to meet during the session of the Senate 
on Thursday, March 21, 2001, at 10 a.m., in open and possibly closed 
session to receive testimony on readiness of U.S. Armed Forces for all 
assigned missions, in review of the defense authorization request for 
fiscal year 2003.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                           EXECUTIVE SESSION

                                 ______
                                 

                           EXECUTIVE CALENDAR

  Mr. REID. Mr. President, I ask unanimous consent the Senate proceed 
to executive session to consider Calendar Nos. 695, 739 through 751, 
754, 755, and the nominations on the Secretary's desk; that the 
nominations be confirmed, the motion to reconsider be laid on the 
table, the President be immediately notified of the Senate's action; 
that any statements be printed in the Record; and the Senate return to 
legislative session, without any intervening action or debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The nominations considered and confirmed are as follows:


                         DEPARTMENT OF DEFENSE

       Joseph E. Schmitz, of Maryland, to be Inspector General, 
     Department of Defense.


                               AIR FORCE

       The following named officer for appointment in the United 
     States Air Force to the grade indicated under title 10, 
     U.S.C., section 624:

                          To be major general

     Brig. Gen. George P. Taylor, Jr.

       The following named officer for appointment in the United 
     States Air Force to the grade indicated while assigned to a 
     position of importance and responsibility under title 10, 
     U.S.C., section 601:

                        To be lieutenant general

     Lt. Gen. Bruce A. Carlson

       The following named officer for appointment in the United 
     States Air Force to the grade indicated while assigned to a 
     position of importance and responsibility under title 10, 
     U.S.C., section 601:

                        To be lieutenant general

     Lt. Gen. Robert C. Hinson

       The following named officer for appointment in the United 
     States Air Force to the grade indicated while assigned to a 
     position of importance and responsibility under title 10, 
     U.S.C., section 601:

                        To be lieutenant general

     Maj. Gen. Duncan J. McNabb

       The following named officer for appointment in the United 
     States Air Force to the grade indicated while assigned to a 
     position of importance and responsibility under title 10, 
     U.S.C., section 601:

                        To be lieutenant general

     Lt. Gen. Joseph H. Wehrle, Jr.

       The following named officer for appointment in the United 
     States Air Force to the grade indicated while assigned to a 
     position of importance and responsibility under title 10, 
     U.S.C., section 601:

                        To be lieutenant general

     Maj. Gen. Thomas B. Goslin, Jr.

       The following named officer for appointment in the United 
     States Air Force to the grade indicated while assigned to a 
     position of importance and responsibility under title 10, 
     U.S.C., section 601:

                        To be lieutenant general

     Lt. Gen. Leslie F. Kenne

       The following named officer for appointment in the United 
     States Air Force to the grade indicated while assigned to a 
     position of importance and responsibility under title 10, 
     U.S.C., section 601:

                        To be lieutenant general

     Maj. Gen. William R. Looney, III


                                  army

       The following named officers for appointment in the United 
     States Army to the grade indicated under title 10, U.S.C., 
     section 624:

                        To be brigadier general

     Colonel Kevin T. Ryan

       The following Army National Guard of the United States 
     officers for appointment in the Reserve of the Army to the 
     grades indicated under title 10, U.S.C. section 12203:

                          To be major general

     Brigadier General Jeffrey L. Gidley
     Brigadier General Jerry W. Grizzle
     Brigadier General Gus L. Hargett, Jr.
     Brigadier General Phillip E. Oates
     Brigadier General Walter A. Paulson
     Brigadier General Claude A. Williams

                        To be brigadier general

     Colonel Ronald I. Botz
     Colonel David P. Burford
     Colonel James E. Fletcher
     Colonel Alan K. Fry
     Colonel Kenneth D. Hislop
     Colonel Laughlin H. Holliday
     Colonel Hal E. Hunter, III
     Colonel Donald O. Koonce
     Colonel Robert A. Martinez
     Colonel Joseph G. Materia
     Colonel Thomas J. Shailor
     Colonel Roger L. Shields
     Colonel Perry G. Smith
     Colonel Thomas J. Sullivan
     Colonel John J. Weeden
     Colonel Mitchell M. Willoughby
     Colonel Patrick D. Wilson
     Colonel Timothy J. Wright

       The following named United States Army Reserve officer for 
     appointment as Chief of Army Reserve and for appointment to 
     the grade indicated under title 10, U.S.C., sections 3038 and 
     601:

                        To be lieutenant general

     Maj. Gen. James R. Helmly


                                  Navy

       The following named officer for appointment in the United 
     States Naval Reserve to the grade indicated under title 10, 
     U.S.C., section 12203:

                           To be rear admiral

     Rear Adm. (lh) Stephen S. Israel

       The following named officer for appointment as Judge 
     Advocate General of the United States Navy under title 10, 
     U.S.C., section 5148:

         To be judge advocate general of the United States Navy

     Rear Adm. Michael F. Lohr


                              coast guard

       The following named officer for appointment in the United 
     States Coast Guard Reserve to the grade indicated under title 
     10, U.S.C., section 12203:

                           To be rear admiral

     Rear Adm. (lh) Mary P. O'Donnell

       The following named officer for appointment as Commandant 
     of the United States Coast Guard and to the grade indicated 
     under Title 14, U.S.C., Section 44:

                             To be admiral

     Vice Adm. Thomas H. Collins

               Nominations Placed on the Secretary's Desk


                               Air Force

       PN1359 Air Force nominations (10) beginning Timothy S. 
     Claseman, and ending Douglas C. Wilson, which nominations 
     were received by the Senate and appeared in the Congressional 
     Record of January 28, 2002.
       PN1361 Air Force nominations (43) beginning Richard E. 
     Bachmann, Jr., and ending Donald R. Yoho, Jr., which 
     nominations were received by the Senate and appeared in the 
     Congressional Record of January 28, 2002.
       PN1457 Air Force nomination of David H. Conroy, which was 
     received by the Senate and appeared in the Congressional 
     Record of February 27, 2002.
       PN1462 Air Force nominations (93) beginning Michelle D. 
     Adams, and ending Carol L. Westfall, which nominations were 
     received by the Senate and appeared in the Congressional 
     Record of February 27, 2002.
       PN1463 Air Force nominations (1492) beginning Robert K. 
     Abernathy, and ending Anthony J. Zucco, which nominations 
     were received by the Senate and appeared in the Congressional 
     Record of February 27, 2002.
       PN1468 Air Force nominations (14) beginning Wesley J. 
     Ashabranner, and ending David L. Walton, which nominations 
     were received by the Senate and appeared in the Congressional 
     Record of February 28, 2002.
       PN1472 Air Force nomination of Michael Hajatian, Jr., which 
     was received by the Senate and appeared in the Congressional 
     Record of February 28, 2002.

[[Page 3865]]

       PN1473 Air Force nomination of Catherine S. Lutz, which was 
     received by the Senate and appeared in the Congressional 
     Record of February 28, 2002.
       PN1474 Air Force nomination of Karen L. Wolf, which was 
     received by the Senate and appeared in the Congressional 
     Record of February 28, 2002.
       PN1475 Air Force nominations (3) beginning Albert G. Baltz 
     and ending Duane Kellogg, Jr., which nominations were 
     received by the Senate and appeared in the Congressional 
     Record of February 28, 2002.
       PN1476 Air Force nominations (5) beginning James C. Demers, 
     and ending Carlos E. Rodriguez, which nominations were 
     received by the Senate and appeared in the Congressional 
     Record of February 28, 2002.
       PN1495 Air Force nominations (7) beginning Derrick K. 
     Anderson, and ending Joseph R. Wallroth, which nominations 
     were received by the Senate and appeared in the Congressional 
     Record of March 6, 2002.
       PN1500 Air Force nominations (19) beginning Matt Adkins, 
     Jr., and ending Stephen M. Wolfe, which nominations were 
     received by the Senate and appeared in the Congressional 
     Record of March 6, 2002.
       PN1527 Air Force nomination of Joseph Wysocki, which was 
     received by the Senate and appeared in the Congressional 
     Record of March 13, 2002.
       PN1528 Air Force nominations (3) beginning Richard L. 
     Fullerton, and ending William P. Walker, which nominations 
     were received by the Senate and appeared in the Congressional 
     Record of March 13, 2002.
       PN1529 Air Force nominations (104) beginning William P. 
     Albro, and ending Delilah R. Works, which nominations were 
     received by the Senate and appeared in the Congressional 
     Record of March 13, 2002.


                                  ARMY

       PN1449 Army nominations (23) beginning Dewitt T. Bell, Jr., 
     and ending Jon M. Wright, which nominations were received by 
     the Senate and appeared in the Congressional Record of 
     February 26, 2002.
       PN1450 Army nominations (3) beginning Bobbie A. Bell, and 
     ending David J. Wellington, which nominations were received 
     by the Senate and appeared in the Congressional Record of 
     February 26, 2002.
       PN1464 Army nominations of Donald E. Ebert, which was 
     received by the Senate and appeared in the Congressional 
     Record of February 27, 2002.
       PN1465 Army nominations of Clifford D. Friesen, which was 
     received by the Senate and appeared in the Congressional 
     Record of February 27, 2002.
       PN1466 Army nominations of Gregory A. Brouillette, which 
     was received by the Senate and appeared in the Congressional 
     Record of February 26, 2002.
       PN1467 Army nominations (63) beginning *Amy M. Bajus, and 
     ending *Antoinette Wrightmcrae, Jr., which nominations were 
     received by the Senate and appeared in the Congressional 
     Record of February 27, 2002.
       PN1501 Army nominations (21) beginning *David E. Bentzel, 
     and ending *Shannon M. Wallace, which nominations were 
     received by the Senate and appeared in the Congressional 
     Record of March 6, 2002.
       PN1502 Army nominations (49) beginning *Abad Ahmed, and 
     ending *Larry J. Wooldridge, which nominations were received 
     by the Senate and appeared in the Congressional Record of 
     March 6, 2002.
       PN1503 Army nominations (144) beginning Kimberlee A. 
     Aiello, and ending *Chunlin Zhang, which nominations were 
     received by the Senate and appeared in the Congressional 
     Record of March 6, 2002.
       PN504 Army nominations of James R. Kish, which was received 
     by the Senate and appeared in the Congressional Record of 
     March 6, 2002.
       PN1531 Army nominations (121) beginning *Sharon M. Aaron, 
     and ending Joellen E. Windsor, which nominations were 
     received by the Senate and appeared in the Congressional 
     Record of March 13, 2002.


                              COAST GUARD

       PN1344 Coast Guard nominations (3) beginning Donald E. 
     Bunn, and ending Dale M. Rausch, which nominations were 
     received by the Senate and appeared in the Congressional 
     Record of January 23, 2002.
       PN1357 Coast Guard nominations (223) beginning David W. 
     Lunt, and ending Mary A. Wysock, which nominations were 
     received by the Senate and appeared in the Congressional 
     Record of February 28, 2002.
       PN1434 Coast Guard nominations (20) beginning David M. 
     Butler, and ending John S. Leyerle, which nominations were 
     received by the Senate and appeared in the Congressional 
     Record of February 15, 2002.
       PN1435 Coast Guard nominations (165) beginning Rebecca L. 
     Albert, and ending Allison L. Zumwalt, which nominations were 
     received by the Senate and appeared in the Congressional 
     Record of February 15, 2002.


                              MARINE CORPS

       PN1505 Marine Corps nominations (5) beginning Raymond J. 
     Faugeaux, and ending Marianne P. Winzeler, which nominations 
     were received by the Senate and appeared in the Congressional 
     Record of March 6, 2002.


                                  NAVY

       PN1506 Navy nominations (11) beginning Jennifer R. Flather, 
     and ending Stephen J. Williams, which nominations were 
     received by the Senate and appeared in the Congressional 
     Record of March 6, 2002.

  Signifies nominee's commitment to respond to requests to appear and 
testify before and duly constituted committee of the Senate.

                          ____________________




                          LEGISLATIVE SESSION

  The PRESIDING OFFICER. Under the previous order, the Senate will 
resume legislative session.

                          ____________________




  AMENDING AN ACT TO AUTHORIZE THE LEASING OF RESTRICTED INDIAN LANDS

  Mr. REID. Mr. President, I ask unanimous consent the Senate proceed 
to the consideration of H.R. 3985.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (H.R. 3985) to amend the Act entitled ``An Act to 
     authorize the leasing of restricted Indian lands for public, 
     religious, educational, recreational, residential, business, 
     and other purposes requiring the grant of long-term leases'', 
     approved August 9, 1955, to provide for binding arbitration 
     clauses in leases and contracts related to reservation lands 
     of the Gila River Indian Community.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. REID. I ask unanimous consent the bill be read a third time and 
passed, the motion to reconsider be laid on the table, and any 
statements relating to this matter be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (H.R. 3985) was read the third time and passed.

                          ____________________




DEATH OF THE HONORABLE HERMAN E. TALMADGE, FORMERLY A SENATOR FROM THE 
                            STATE OF GEORGIA

  Mr. REID. Mr. President, I ask unanimous consent the Senate proceed 
to the consideration of S. Res. 231.
  The PRESIDING OFFICER. The clerk will report the resolution by title.
  The legislative clerk read as follows:

       A resolution (S. Res. 231) relative to the death of the 
     Honorable Herman E. Talmadge, formerly a Senator from the 
     State of Georgia.

  There being no objection, the Senate proceeded to consider the 
resolution.
  Mr. MILLER. Mr. President, I rise today to mourn one of this body's 
greatest giants--Herman Eugene Talmadge.
  The tallest tree in all the Georgia forest has fallen. And we will 
never see another one that stood so tall and had such strength. All of 
us in Georgia politics who came after him have worked in his shade.
  My heart grieves for his wife Linda, his family and his legion of 
loyal friends.
  Without question, Herman Talmadge was Georgia's greatest governor of 
the 20th Century. He proposed and passed Georgia's first sales tax, and 
that ushered in a new day of State services. Nowhere was the impact 
greater than in education.
  When Herman Talmadge became Governor in 1948, Georgia still had more 
than 1,750 one-room school houses. Many other school buildings were in 
a dilapidated State.
  The major school construction program he launched was badly needed. 
It changed the state of education in Georgia.
  But he did more than just construct new school buildings. Governor 
Talmadge also implemented Georgia's first statewide effort to reform 
education. It was called the Minimum Foundation Program for Education.
  The result was dramatic improvement in public education in Georgia--
increased funding, better-trained, higher-paid teachers, finally, a 9-
month school year, and bus service in rural areas that gave every 
Georgia child the opportunity for an education.
  And one other thing I can say personally concerning education: 
Senator Talmadge certainly educated me.
  He beat the tar out of me when I ran against him for the Senate in 
1980. And I have often said I learned more from that losing race than I 
did in all the others that I won.

[[Page 3866]]

  This Senator has a Ph.D. from ``Herman Talmadge University.''
  Although it took me a few years to realize it, I have been a better 
man and a better Governor and a better Senator because of what he 
taught me.
  For example, I never proposed a program or let anyone else propose 
some ``pie in the sky'' without asking, How much does it cost and how 
are we going to pay for it?
  But we are not here to talk about what he taught me. We are here to 
pay tribute to a Georgia icon, a giant political leader, the likes of 
which we will never see again.
  A man who gave and did so much for our State, our Nation, and our 
people.
  The Talmadge Administration also left Georgia an economic development 
legacy, an unprecedented highway construction program was undertaken. 
The Ports Authority and our network of State farmers' markets were 
expanded. And the forestry industry benefited from his statewide 
program of protection and reforestation.
  Governor Talmadge also built a network of hospitals and health 
centers throughout Georgia. And he doubled State funding for mental 
health.
  Two years after he left the Governor's office, he was easily elected 
to the U.S. Senate in 1956 to replace the legendary Walter F. George 
upon his retirement.
  Those were big shoes to fill. But Herman Talmadge immediately 
established himself as an authority on agricultural programs. In fact, 
he chaired the Agriculture Committee for a decade--from 1971 through 
1980.
  I will never forget the day I went to my first meeting as a member of 
the Agriculture committee. I sat down at the table and right behind me 
was the huge magnificent portrait of Senator Talmadge. I wrote him a 
note saying that ``he was still in Washington looking over my 
shoulder.''
  Senator Talmadge was a primary sponsor of the modern School Lunch 
Program, and of the 1972 Rural Development Act, which created a system 
of rural hospitals.
  In welfare reform, Herman Talmadge was ahead of his time. His 
Talmadge Work Incentive Training Act provided tax credits as an 
incentive to hiring welfare recipients.
  In its first two years, this law took more than one million people 
off the welfare rolls nationwide. It resulted in a savings of $4 
billion dollars. Georgia alone saved more than $400 million.
  Without a doubt, his service together, with Senator Richard B. 
Russell, who chaired the Armed Forces Committee, gave Georgia the most 
powerful presence it has ever had in the U.S. Senate.
  I will close with this last observation. The ultimate test of any 
statesman is to have a combination of insight and courage.
  Herman Eugene Talmadge always possessed both in abundance.
  Mr. REID. Mr. President, I ask unanimous consent the resolution be 
agreed to and the motion to reconsider be laid upon the table, without 
any intervening action or debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution (S. Res. 231) was agreed to, as follows:

                              S. Res. 231

       Resolved, That the Senate has heard with profound sorrow 
     and deep regret the announcement of the death of the 
     Honorable Herman E. Talmadge, formerly a Senator from the 
     State of Georgia.
       Resolved, That the Secretary of the Senate communicate 
     these resolutions to the House of Representatives and 
     transmit an enrolled copy thereof to the family of the 
     deceased.
       Resolved, That when the Senate adjourns today, it stand 
     adjourned as a further mark of respect to the memory of the 
     deceased Senator.

  Mr. REID. Mr. President, I did not know Herman Talmadge, but when I 
arrived here in Washington his reputation was evident. Even though what 
we are doing tonight is somewhat perfunctory, it should not take away 
from the many great deeds this man did for the State of Georgia and his 
country, as indicated in the statement by Senator Zell Miller.

                          ____________________




            UNANIMOUS CONSENT AGREEMENT--AMENDMENT NO. 3070

  Mr. REID. Mr. President, I ask unanimous consent the Graham amendment 
No. 3070 be in order, notwithstanding adoption of the Bingaman 
amendment No. 3016.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                    BUDGET COMMITTEE REPORTING TIME

  Mr. REID. Mr. President, I ask unanimous consent on Friday, March 22, 
the Budget Committee have until 4 p.m. to report the budget resolution, 
notwithstanding adjournment of the Senate.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                   ORDERS FOR FRIDAY, MARCH 22, 2002

  Mr. REID. Mr. President, I ask unanimous consent that when the Senate 
completes its business today, it adjourn until the hour of 10 a.m. on 
Friday, March 22; that following the prayer and pledge, the Journal of 
proceedings be approved to date, the morning hour be deemed expired, 
the time for the two leaders be reserved for their use later in the 
day, and there be a period of morning business with Senators permitted 
to speak for up to 10 minutes each.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                                PROGRAM

  Mr. REID. Mr. President, there will be no rollcall votes tomorrow.

                          ____________________




                   ADJOURNMENT UNTIL 10 A.M. TOMORROW

  Mr. REID. Mr. President, if there is no further business to come 
before the Senate, I ask unanimous consent that the Senate stand in 
adjournment under the provisions of S. Res. 231 as a further mark of 
respect to the memory of the deceased Honorable Herman E. Talmadge, the 
late Senator from the State of Georgia.
  There being no objection, the Senate, at 8:24 p.m., adjourned until 
Friday, March 22, 2002, at 10 a.m.

                          ____________________




                              NOMINATIONS

  Executive nominations received by the Senate March 21, 2002:


                    BROADCASTING BOARD OF GOVERNORS

       KENNETH Y. TOMLINSON, OF VIRGINIA, TO BE A MEMBER OF THE 
     BROADCASTING BOARD OF GOVERNORS FOR A TERM EXPIRING AUGUST 
     13, 2004, VICE TOM C. KOROLOGOS, TERM EXPIRED.
       KENNETH Y. TOMLINSON, OF VIRGINIA, TO BE CHAIRMAN OF THE 
     BROADCASTING BOARD OF GOVERNORS, VICE MARC B. NATHANSON.


                  FEDERAL EMERGENCY MANAGEMENT AGENCY

       MICHAEL D. BROWN, OF COLORADO, TO BE DEPUTY DIRECTOR OF THE 
     FEDERAL EMERGENCY MANAGEMENT AGENCY, VICE ROBERT M. WALKER, 
     RESIGNED.


                     NATIONAL COUNCIL ON DISABILITY

       ROBERT DAVILA, OF NEW YORK, TO BE A MEMBER OF THE NATIONAL 
     COUNCIL ON DISABILITY FOR A TERM EXPIRING SEPTEMBER 17, 2003, 
     VICE JOHN D. KEMP, TERM EXPIRED.
       LEX FRIEDEN, OF TEXAS, TO BE A MEMBER OF THE NATIONAL 
     COUNCIL ON DISABILITY FOR A TERM EXPIRING SEPTEMBER 17, 2004, 
     VICE MARCA BRISTO, TERM EXPIRED.
       YOUNG WOO KANG, OF INDIANA, TO BE A MEMBER OF THE NATIONAL 
     COUNCIL ON DISABILITY FOR A TERM EXPIRING SEPTEMBER 17, 2003, 
     VICE DEBRA ROBINSON, TERM EXPIRED.
       KATHLEEN MARTINEZ, OF CALIFORNIA, TO BE A MEMBER OF THE 
     NATIONAL COUNCIL ON DISABILITY FOR A TERM EXPIRING SEPTEMBER 
     17, 2003, VICE RAE E. UNZICKER, TERM EXPIRED.
       CAROL HUGHES NOVAK, OF GEORGIA, TO BE A MEMBER OF THE 
     NATIONAL COUNCIL ON DISABILITY FOR A TERM EXPIRING SEPTEMBER 
     17, 2004, VICE GINA MCDONALD, TERM EXPIRED.
       PATRICIA POUND, OF TEXAS, TO BE A MEMBER OF THE NATIONAL 
     COUNCIL ON DISABILITY FOR A TERM EXPIRING SEPTEMBER 17, 2002, 
     VICE ELA YAZZIE-KING, TERM EXPIRED.


             NATIONAL INSTITUTE FOR LITERACY ADVISORY BOARD

       CARMEL BORDERS, OF KENTUCKY, TO BE A MEMBER OF THE NATIONAL 
     INSTITUTE FOR LITERACY ADVISORY BOARD FOR A TERM OF THREE 
     YEARS. (NEW POSITION)
       DOUGLAS CARNINE, OF OREGON, TO BE A MEMBER OF THE NATIONAL 
     INSTITUTE FOR LITERACY ADVISORY BOARD FOR A TERM OF THREE 
     YEARS. (NEW POSITION)
       BLANCA E. ENRIQUEZ, OF TEXAS, TO BE A MEMBER OF THE 
     NATIONAL INSTITUTE FOR LITERACY ADVISORY BOARD FOR A TERM OF 
     THREE YEARS. (NEW POSITION)
       WILLIAM T. HILLER, OF OHIO, TO BE A MEMBER OF THE NATIONAL 
     INSTITUTE FOR LITERACY ADVISORY BOARD FOR A TERM OF ONE YEAR. 
     (NEW POSITION)
       ROBIN MORRIS, OF GEORGIA, TO BE A MEMBER OF THE NATIONAL 
     INSTITUTE FOR LITERACY ADVISORY BOARD FOR A TERM OF ONE YEAR. 
     (NEW POSITION)
       JUAN R. OLIVAREZ, OF MICHIGAN, TO BE A MEMBER OF THE 
     NATIONAL INSTITUTE FOR LITERACY ADVISORY BOARD FOR A TERM OF 
     ONE YEAR. (NEW POSITION)
       JEAN OSBORN, OF ILLINOIS, TO BE A MEMBER OF THE NATIONAL 
     INSTITUTE FOR LITERACY ADVISORY BOARD FOR A TERM OF TWO 
     YEARS. (NEW POSITION)


                          DEPARTMENT OF LABOR

       KATHLEEN P. UTGOFF, OF VIRGINIA, TO BE COMMISSIONER OF 
     LABOR STATISTICS, UNITED STATES DEPARTMENT OF LABOR FOR A 
     TERM OF FOUR YEARS, VICE KATHERINE G. ABRAHAM, TERM EXPIRED.


                             THE JUDICIARY

       MORRISON C. ENGLAND, JR., OF CALIFORNIA, TO BE UNITED 
     STATES DISTRICT JUDGE FOR THE EASTERN

[[Page 3867]]

     DISTRICT OF CALIFORNIA, VICE LAWRENCE K. KARLTON, RETIRED.
       AMY J. ST. EVE, OF ILLINOIS, TO BE UNITED STATES DISTRICT 
     JUDGE FOR THE NORTHERN DISTRICT OF ILLINOIS, VICE GEORGE W. 
     LINDBERG, RETIRED.
       HENRY E. AUTREY, OF MISSOURI, TO BE UNITED STATES DISTRICT 
     JUDGE FOR THE EASTERN DISTRICT OF MISSOURI, VICE GEORGE F. 
     GUNN, JR., RETIRED.
       RICHARD E. DORR, OF MISSOURI, TO BE UNITED STATES DISTRICT 
     JUDGE FOR THE WESTERN DISTRICT OF MISSOURI, VICE D. BROOK 
     BARTLETT, DECEASED.
       DAVID S. CERCONE, OF PENNSYLVANIA, TO BE UNITED STATES 
     DISTRICT JUDGE FOR THE WESTERN DISTRICT OF PENNSYLVANIA, VICE 
     DONALD J. LEE, RETIRED.
       TIMOTHY J. SAVAGE, OF PENNSYLVANIA, TO BE UNITED STATES 
     DISTRICT JUDGE FOR THE EASTERN DISTRICT OF PENNSYLVANIA, VICE 
     EDWARD N. CAHN, RETIRED.


                         DEPARTMENT OF JUSTICE

       RONALD HENDERSON, OF MISSOURI, TO BE UNITED STATES MARSHAL 
     FOR THE EASTERN DISTRICT OF MISSOURI FOR THE TERM OF FOUR 
     YEARS, VICE FLOYD A. KIMBROUGH, RESIGNED.


                            IN THE AIR FORCE

       THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT IN THE UNITED 
     STATES AIR FORCE TO THE GRADE INDICATED UNDER TITLE 10, 
     U.S.C., SECTION 624:

                        To be brigadier general

COL. CHARLES J. DUNLAP JR.
COL. MICHAEL N. MADRID

       THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT IN THE UNITED 
     STATES AIR FORCE TO THE GRADE INDICATED UNDER TITLE 10, 
     U.S.C., SECTION 624:

                        To be brigadier general

COL. THOMAS S. BAILEY JR.
COL. RUSSELL J. KILPATRICK
COL. DAVID G. YOUNG III

       THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT IN THE UNITED 
     STATES AIR FORCE TO THE GRADE INDICATED UNDER TITLE 10, 
     U.S.C., SECTION 624:

                        To be brigadier general

COLONEL CHRIS T. ANZALONE
COLONEL DANA T. ATKINS
COLONEL PHILIP M. BREEDLOVE
COLONEL BRUCE E. BURDA
COLONEL BRADLEY W. BUTLER
COLONEL ROBERT E. DEHNERT JR.
COLONEL DELWYN R. EULBERG
COLONEL MAURICE H. FORSYTH
COLONEL PATRICK D. GILLETT JR.
COLONEL SANDRA A. GREGORY
COLONEL GREGORY J. IHDE
COLONEL KEVIN J. KENNEDY
COLONEL LYLE M. KOENIG JR.
COLONEL RONALD R. LADNIER
COLONEL STEPHEN L. LANNING
COLONEL ERWIN F. LESSEL III
COLONEL JOHN W. MALUDA
COLONEL MARK T. MATTHEWS
COLONEL GARY T. MCCOY
COLONEL KIMBER L. MCKENZIE
COLONEL STEPHEN J. MILLER
COLONEL RICHARD Y. NEWTON III
COLONEL THOMAS J. OWEN
COLONEL RICHARD E. PERRAUT JR.
COLONEL POLLY A. PEYER
COLONEL DOUGLAS L. RAABERG
COLONEL ROBERTUS C. N. REMKES
COLONEL ERIC J. ROSBORG
COLONEL MARSHALL K. SABOL
COLONEL PAUL J. SELVA
COLONEL MARK E. STEARNS
COLONEL THOMAS E. STICKFORD
COLONEL JOHNNY A. WEIDA
COLONEL THOMAS B. WRIGHT


                              IN THE ARMY

       THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED 
     STATES ARMY TO THE GRADE INDICATED UNDER TITLE 10, U.S.C., 
     SECTION 624:

                          To be major general

BRIG. GEN. JOHN M. URIAS


                              IN THE NAVY

       THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED 
     STATES NAVY TO THE GRADE INDICATED WHILE ASSIGNED TO A 
     POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, 
     U.S.C., SECTION 601:

                             To be admiral

ADM. THOMAS B. FARGO

       THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED 
     STATES NAVAL RESERVE TO THE GRADE INDICATED UNDER TITLE 10, 
     U.S.C., SECTION 12203:

                    To be rear admiral (lower half)

CAPT. RAYMOND K. ALEXANDER

       THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED 
     STATES NAVAL RESERVE TO THE GRADE INDICATED UNDER TITLE 10, 
     U.S.C., SECTION 12203:

                    To be rear admiral (lower half)

CAPT. THOMAS L. ANDREWS III

       THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED 
     STATES NAVAL RESERVE TO THE GRADE INDICATED UNDER TITLE 10, 
     U.S.C., SECTION 12203:

                    To be rear admiral (lower half)

CAPT. BEN F. GAUMER

       THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED 
     STATES NAVAL RESERVE TO THE GRADE INDICATED UNDER TITLE 10, 
     U.S.C., SECTION 12203:

                    To be rear admiral (lower half)

CAPT. DAVID L. MASERANG


                              IN THE ARMY

       THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE 
     INDICATED IN THE RESERVE OF THE ARMY UNDER TITLE 10, U.S.C., 
     SECTION 12203:

                             To be colonel

ROBERT G. ANISKO
OWEN M. BARNHILL
JOE CROOM
JOHN D. GAINES
EDWARD A. LEACOCK
JOHN P. MITCHAM
TIMOTHY J. REGAN
DAVID G. SHERRARD
BRUCE I. TOPLETZ
CRAIG A. WEBBER


                              IN THE NAVY

       THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE 
     INDICATED IN THE UNITED STATES NAVY UNDER TITLE 10, U.S.C., 
     SECTION 624:

                       To be lieutenant commander

JAMES E. TOCZKO


                             THE JUDICIARY

       BRUCE E. KASOLD, OF VIRGINIA, TO BE A JUDGE OF THE UNITED 
     STATES COURT OF APPEALS FOR VETERANS CLAIMS FOR THE TERM OF 
     THIRTEEN YEARS. (NEW POSITION)

                          ____________________




                             CONFIRMATIONS

  Executive Nominations Confirmed by the Senate March 21, 2002:


                         DEPARTMENT OF DEFENSE

       JOSEPH E. SCHMITZ, OF MARYLAND, TO BE INSPECTOR GENERAL, 
     DEPARTMENT OF DEFENSE.


                           IN THE COAST GUARD

       THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED 
     STATES COAST GUARD RESERVE TO THE GRADE INDICATED UNDER TITLE 
     10, U.S.C., SECTION 12203:

                           To be rear admiral

REAR ADM. (LH) MARY P. O'DONNELL

       THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AS COMMANDANT 
     OF THE UNITED STATES COAST GUARD AND TO THE GRADE INDICATED 
     UNDER TITLE 14, U.S.C., SECTION 44:

                             To be admiral

VICE ADM. THOMAS H. COLLINS

       THE ABOVE NOMINATIONS WERE APPROVED SUBJECT TO THE 
     NOMINEES' COMMITMENT TO RESPOND TO REQUESTS TO APPEAR AND 
     TESTIFY BEFORE ANY DULY CONSTITUTED COMMITTEE OF THE SENATE.


                            IN THE AIR FORCE

       THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED 
     STATES AIR FORCE TO THE GRADE INDICATED UNDER TITLE 10, 
     U.S.C., SECTION 624:

                          To be major general

BRIG. GEN. GEORGE P. TAYLOR, JR.

       THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED 
     STATES AIR FORCE TO THE GRADE INDICATED WHILE ASSIGNED TO A 
     POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, 
     U.S.C., SECTION 601:

                        To be lieutenant general

LT. GEN. BRUCE A. CARLSON

       THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED 
     STATES AIR FORCE TO THE GRADE INDICATED WHILE ASSIGNED TO A 
     POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, 
     U.S.C., SECTION 601:

                        To be lieutenant general

LT. GEN. ROBERT C. HINSON

       THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED 
     STATES AIR FORCE TO THE GRADE INDICATED WHILE ASSIGNED TO A 
     POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, 
     U.S.C., SECTION 601:

                        To be lieutenant general

MAJ. GEN. DUNCAN J. MCNABB
       THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED 
     STATES AIR FORCE TO THE GRADE INDICATED WHILE ASSIGNED TO A 
     POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, 
     U.S.C., SECTION 601:

                        To be lieutenant general

LT. GEN. JOSEPH H. WEHRLE, JR.

       THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED 
     STATES AIR FORCE TO THE GRADE INDICATED WHILE ASSIGNED TO A 
     POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, 
     U.S.C., SECTION 601:

                        To be lieutenant general

MAJ. GEN. THOMAS B. GOSLIN, JR.

       THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED 
     STATES AIR FORCE TO THE GRADE INDICATED WHILE ASSIGNED TO A 
     POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, 
     U.S.C., SECTION 601:

                        To be lieutenant general

LT. GEN. LESLIE F. KENNE

       THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED 
     STATES AIR FORCE TO THE GRADE INDICATED WHILE ASSIGNED TO A 
     POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, 
     U.S.C., SECTION 601:

                        To be lieutenant general

MAJ. GEN. WILLIAM R. LOONEY III


                              IN THE ARMY

       THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED 
     STATES ARMY TO THE GRADE INDICATED UNDER TITLE 10, U.S.C., 
     SECTION 624:

                        To be brigadier general

COLONEL KEVIN T. RYAN

       THE FOLLOWING ARMY NATIONAL GUARD OF THE UNITED STATES 
     OFFICERS FOR APPOINTMENT IN THE RESERVE OF THE ARMY TO THE 
     GRADES INDICATED UNDER TITLE 10, U.S.C., SECTION 12203:

                          To be major general

BRIGADIER GENERAL JEFFREY L. GIDLEY
BRIGADIER GENERAL JERRY W. GRIZZLE
BRIGADIER GENERAL GUS L. HARGETT, JR.
BRIGADIER GENERAL PHILLIP E. OATES
BRIGADIER GENERAL WALTER A. PAULSON
BRIGADIER GENERAL CLAUDE A. WILLIAMS

                        To be brigadier general

COLONEL RONALD I. BOTZ
COLONEL DAVID P. BURFORD
COLONEL JAMES E. FLETCHER
COLONEL ALAN K. FRY
COLONEL KENNETH D. HISLOP
COLONEL LAUGHLIN H. HOLLIDAY
COLONEL HAL E. HUNTER III
COLONEL DONALD O. KOONCE
COLONEL ROBERT A. MARTINEZ
COLONEL JOSEPH G. MATERIA
COLONEL THOMAS J. SHAILOR
COLONEL ROGER L. SHIELDS
COLONEL PERRY G. SMITH
COLONEL THOMAS J. SULLIVAN
COLONEL JOHN J. WEEDEN
COLONEL MITCHELL M. WILLOUGHBY
COLONEL PATRICK D. WILSON
COLONEL TIMOTHY J. WRIGHT

       THE FOLLOWING NAMED UNITED STATES ARMY RESERVE OFFICER FOR 
     APPOINTMENT AS CHIEF OF ARMY RESERVE AND FOR APPOINTMENT TO 
     THE GRADE INDICATED UNDER TITLE 10, U.S.C., SECTIONS 3038 AND 
     601:

                        To be lieutenant general

MAJ. GEN. JAMES R. HELMLY


                              IN THE NAVY

       THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED 
     STATES NAVAL RESERVE TO THE GRADE INDICATED UNDER TITLE 10, 
     U.S.C., SECTION 12203:

                           To be rear admiral

REAR ADM. (LH) STEPHEN S. ISRAEL

       THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AS JUDGE 
     ADVOCATE GENERAL OF THE UNITED STATES NAVY UNDER TITLE 10, 
     U.S.C., SECTION 5148:

         To be judge advocate general of the United States Navy

REAR ADM. MICHAEL F. LOHR
       AIR FORCE NOMINATIONS BEGINNING TIMOTHY S. CLASEMAN AND 
     ENDING DOUGLAS C. WILSON, WHICH NOMINATIONS WERE RECEIVED BY 
     THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON 
     JANUARY 28, 2002.

[[Page 3868]]

       AIR FORCE NOMINATIONS BEGINNING RICHARD E. BACHMANN, JR. 
     AND ENDING DONALD R. YOHO, JR., WHICH NOMINATIONS WERE 
     RECEIVED BY THE SENATE AND APPEARED IN THE CONGRESSIONAL 
     RECORD ON JANUARY 28, 2002.
       AIR FORCE NOMINATION OF DAVID H. CONROY.
       AIR FORCE NOMINATION OF EDWARD A. LAFERTY.
       AIR FORCE NOMINATIONS BEGINNING MICHELLE D. ADAMS AND 
     ENDING CAROL L. WESTFALL, WHICH NOMINATIONS WERE RECEIVED BY 
     THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON 
     FEBRUARY 27, 2002.
       AIR FORCE NOMINATIONS BEGINNING ROBERT K. ABERNATHY AND 
     ENDING ANTHONY J. ZUCCO, WHICH NOMINATIONS WERE RECEIVED BY 
     THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON 
     FEBRUARY 27, 2002.
       AIR FORCE NOMINATIONS BEGINNING WESLEY J. ASHABRANNER AND 
     ENDING DAVID L. WALTON, WHICH NOMINATIONS WERE RECEIVED BY 
     THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON 
     FEBRUARY 28, 2002.
       AIR FORCE NOMINATION OF MICHAEL HAJATIAN, JR.
       AIR FORCE NOMINATION OF CATHERINE S. LUTZ.
       AIR FORCE NOMINATION OF KAREN L. WOLF.
       AIR FORCE NOMINATIONS BEGINNING ALBERT G. BALTZ AND ENDING 
     DUANE KELLOGG, JR., WHICH NOMINATIONS WERE RECEIVED BY THE 
     SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY 
     28, 2002.
       AIR FORCE NOMINATIONS BEGINNING JAMES C. DEMERS AND ENDING 
     CARLOS E. RODRIGUEZ, WHICH NOMINATIONS WERE RECEIVED BY THE 
     SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY 
     28, 2002.
       AIR FORCE NOMINATIONS BEGINNING DERRICK K. ANDERSON AND 
     ENDING JOSEPH R. WALLROTH, WHICH NOMINATIONS WERE RECEIVED BY 
     THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON MARCH 
     6, 2002.
       AIR FORCE NOMINATIONS BEGINNING MATT ADKINS, JR. AND ENDING 
     STEPHEN M. WOLFE, WHICH NOMINATIONS WERE RECEIVED BY THE 
     SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON MARCH 6, 
     2002.
       AIR FORCE NOMINATION OF JOSEPH WYSOCKI.
       AIR FORCE NOMINATIONS BEGINNING RICHARD L. FULLERTON AND 
     ENDING WILLIAM P. WALKER, WHICH NOMINATIONS WERE RECEIVED BY 
     THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON MARCH 
     13, 2002.
       AIR FORCE NOMINATIONS BEGINNING WILLIAM P. ALBRO AND ENDING 
     DELILAH R. WORKS, WHICH NOMINATIONS WERE RECEIVED BY THE 
     SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON MARCH 13, 
     2002.
       ARMY NOMINATIONS BEGINNING DEWITT T BELL, JR. AND ENDING 
     JON M WRIGHT, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE 
     AND APPEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY 26, 
     2002.
       ARMY NOMINATIONS BEGINNING BOBBIE A. BELL AND ENDING DAVID 
     J. WELLINGTON, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE 
     AND APPEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY 26, 
     2002.
       ARMY NOMINATION OF DONALD E. EBERT.
       ARMY NOMINATION OF CLIFFORD D. FRIESEN.
       ARMY NOMINATION OF GREGORY A. BROUILLETTE.
       ARMY NOMINATIONS BEGINNING *AMY M BAJUS AND ENDING 
     *ANTOINETTE WRIGHTMCRAE, JR., WHICH NOMINATIONS WERE RECEIVED 
     BY THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON 
     FEBRUARY 27, 2002.
       ARMY NOMINATIONS BEGINNING *DAVID E BENTZEL AND ENDING 
     *SHANNON M WALLACE, WHICH NOMINATIONS WERE RECEIVED BY THE 
     SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON MARCH 6, 
     2002.
       ARMY NOMINATIONS BEGINNING *ABAD AHMED AND ENDING *LARRY J 
     WOOLDRIDGE, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND 
     APPEARED IN THE CONGRESSIONAL RECORD ON MARCH 6, 2002.
       ARMY NOMINATIONS BEGINNING KIMBERLEE A AIELLO AND ENDING 
     *CHUNLIN ZHANG, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE 
     AND APPEARED IN THE CONGRESSIONAL RECORD ON MARCH 6, 2002.
       ARMY NOMINATION OF JAMES R. KISH.
       ARMY NOMINATIONS BEGINNING *SHARON M AARON AND ENDING 
     JOELLEN E WINDSOR, WHICH NOMINATIONS WERE RECEIVED BY THE 
     SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON MARCH 13, 
     2002.
       COAST GUARD NOMINATIONS BEGINNING DONALD E. BUNN AND ENDING 
     DALE M. RAUSCH, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE 
     AND APPEARED IN THE CONGRESSIONAL RECORD ON JANUARY 23, 2002.
       COAST GUARD NOMINATIONS BEGINNING DAVID W LUNT AND ENDING 
     MARY A WYSOCK, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE 
     AND APPEARED IN THE CONGRESSIONAL RECORD ON JANUARY 28, 2002.
       COAST GUARD NOMINATIONS BEGINNING DAVID M BUTLER AND ENDING 
     JOHN S LEYERLE, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE 
     AND APPEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY 15, 
     2002.
       COAST GUARD NOMINATIONS BEGINNING REBECCA L ALBERT AND 
     ENDING
       ALLISON L ZUMWALT, WHICH NOMINATIONS WERE RECEIVED BY THE 
     SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY 
     15, 2002.
       MARINE CORPS NOMINATIONS BEGINNING RAYMOND J. FAUGEAUX AND 
     ENDING
       MARIANNE P. WINZELER, WHICH NOMINATIONS WERE RECEIVED BY 
     THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON MARCH 
     6, 2002.
       NAVY NOMINATIONS BEGINNING JENNIFER R FLATHER AND ENDING 
     STEPHEN J WILLIAMS, WHICH NOMINATIONS WERE RECEIVED BY THE 
     SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON MARCH 6, 
     2002.
     
     
     


[[Page 3869]]

                          EXTENSIONS OF REMARKS

                        HONORING CLAIRE NICHOLS

                                 ______
                                 

                         HON. GEORGE RADANOVICH

                             of california

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. RADANOVICH. Mr. Speaker, I rise today to honor the late Claire 
Nichols, for receiving the 2002 Educator of The Year Award from the 
Sanger District Chamber of Commerce. Mrs. Nichols was a dedicated 
educator, and is being recognized for her tremendous efforts.
  Claire began teaching Kindergarten in 1955 at Lincoln Elementary. 
Shortly thereafter, she left the teaching field to become a mother. 
While absent from teaching, Mrs. Nichols was still very active within 
the school system, serving on the Jackson PTA, and as a Room Mother. In 
1987 she returned to the classroom, this time as a second grade teacher 
for Jackson Elementary School. Claire brought a lot of attention and 
affection to her students. When her students were sick, she brought 
them baked goods at home.
  Claire's dedication to and genuine interest in students extended 
beyond the classroom. She had a deal with her students that if any of 
them hit a home run she would buy them a pizza. This deal followed the 
students from Little League all the way through high school. The 
football and basketball players also benefited from Mrs. Nichols' 
generosity in the form of team meals.
  Mr. Speaker, I rise today to honor Mrs. Claire Nichols, for her 
dedication as an educator and for touching the lives of all her 
children. I invite my colleagues to join me in remembering Claire 
Nichols for her community service and exemplary life.

                          ____________________




RECOGNIZING THE 46TH ANNIVERSARY OF THE REPUBLIC OF TUNISIA'S NATIONAL 
                          DAY OF INDEPENDENCE

                                 ______
                                 

                        HON. MAURICE D. HINCHEY

                              of new york

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. HINCHEY. Mr. Speaker, I rise today to honor the Republic of 
Tunisia and its people on the 46th anniversary of their National Day of 
Independence. Over the last 46 years, Tunisia has been an outstanding 
model for developing countries. It has risen from a fledgling democracy 
to a nation that is at the forefront of instituting an aggressive North 
African free market economy.
  The United States and Tunisia have maintained a strong relationship 
throughout Tunisia's history. During the Cold War, Tunisia was a 
crucial partner in the Mediterranean Sea. In our struggle against 
terrorism, dating back to the early 1990s, Tunisia has been a steadfast 
ally. As early as 1993, Tunisia condemned forms of Islamic extremism 
and terrorism. In 1994, Tunisia warned the West of terrorism's evils 
and spoke of the need to fight terrorism on a global level.
  Tunisia's unwavering opposition to terrorism has been no more evident 
than in its response to the tragic terrorist attacks of September 11, 
2001. Immediately following the attacks, Tunisia's President, Zine El 
Abidine Bel Ali, offered his country's heartfelt condolences to the 
American people and strongly condemned the attacks and those behind 
them. President Ben Ali also offered his country's steadfast support 
for our efforts to bring those responsible to justice.
  As a friend of Tunisia, I again congratulate the Tunisian people on 
46 years of independence and would like to share with my colleagues the 
insightful words of President Ben Ali, describing the reasons for 
Tunisia's success in building a democratic society:
  ``Tolerance is at the heart of our social traditions as well as a 
characteristic of Tunisia's history. Pluralism, whether religious, 
cultural, or political, is ingrained in our society. Tunisian Moslem 
and Jews have lived together under the same sky and same state for many 
centuries. Each contributed to the building of [Tunisia], whose 
greatness is based on the tolerance of its people--a tolerance which 
has been among the highest values governing relations between the two 
parties, as there was no room for hatred.''

                          ____________________




TO HONOR MR. AND MRS. VEGA FOR ALL THEIR HARD WORK IMPROVING THE LIVES 
            AND EDUCATION OF YOUTH IN THE HISPANIC COMMUNITY

                                 ______
                                 

                             HON. ED PASTOR

                               of arizona

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. PASTOR. Mr. Speaker, I rise before you today to pay tribute to 
two outstanding citizens who have improved the lives and education of 
youth in the Hispanic community. For their commitment and dedication, a 
new elementary school will be named in their honor in McKinney, Texas. 
I speak of Jose de Jesus and Maria Luisa Vega, whom I have the distinct 
honor of knowing and representing in Congress.
  Upon arriving in McKinney in 1950, the Vegas realized that most 
immigrant children had little opportunity to succeed in the public 
school systems. Work in the fields seemed a better alternative to the 
difficulties of integrating for these children. However, after visiting 
with parents from the community, the Vegas decided to build a school 
specially to assist the newly migrated children. Through various fund-
raisers, local contributions and assistance from the parents, a school 
was built to help students learn and improve their English skills and 
provided tutoring on various other subjects.
  Mrs. Vega, who graduated from the National University of Mexico with 
a degree in medicine, also opened a clinic in the community and Mr. 
Vega served as a pastor in the local Episcopalian church.
  Years later, the Vegas moved for health reasons to Arizona, where 
Mrs. Vega taught high school for 22 years before retiring. Nonetheless, 
their contributions to the McKinney community have been far from 
forgotten as they continue to be honored and recognized for their work.
  For decades, Mr. and Mrs. Vega have educated and helped to provide 
our underprivileged children with the opportunity to obtain a basic 
education. They truly serve as a model and inspiration to educators 
throughout our nation.

                          ____________________




                       A TRIBUTE TO DORITA CLARKE

                                 ______
                                 

                          HON. EDOLPHUS TOWNS

                              of new york

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. TOWNS. Mr. Speaker, I rise in honor of Dorita Clarke in 
recognition of her commitment and dedication to higher education 
opportunities in New York City.
  Donita is a very active member of the community. Along with a full 
time job with the Department of Transportation, Dorita has served as 
the New York State Committee Woman for the 22th Assembly District since 
1965. In 1997, she co-founded the ``You Can Go to College Committee'' 
where she continues to serve as the Executive Director. This 
organization prepares ninth through twelfth grade students to take the 
SAT's, assists seniors through the application and financial aid 
process, and provides workshops on college life. In addition, she 
arranges college visits to New York area colleges and tours of some 
Historically Black Colleges and Universities. Many of the students who 
have worked with the ``You Can Go to College Committee'' have enjoyed 
an easier adjustment to college life and maintained at least a 3.0 GPA. 
Once in the program and attending a college, the Committee continues to 
track students' progress and periodically sends care packages. Since 
the inception of this tremendous program, over 1,000 students have 
participated.
  In addition, Ms. Clarke is affiliated with several other 
organizations such as the New York State Fraternal Order of Police, 
Chapter #93; United Democratic Club--Executive Board; Democratic 
National Committee; Key Women of America. Inc.; and York College 
Advisory Board.

[[Page 3870]]

  Mr. Speaker, Ms. Clarke has dedicated her life to giving youth in 
Brooklyn and throughout New York City the opportunity to excel in 
higher education. As such, she is more than worthy of receiving our 
recognition and I urge my colleagues to join me in honoring this truly 
remarkable woman.

                          ____________________




              HONORING JIM KNIGHT OF EAST CHICAGO, INDIANA

                                 ______
                                 

                        HON. PETER J. VISCLOSKY

                               of indiana

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. VISCLOSKY. Mr. Speaker, it is with great sincerity and pride that 
I wish to honor the late Jim Knight of East Chicago, Indiana. His 
dedicated service to the City of East Chicago and to the entire 
Northwest Indiana community until his unfortunate death in May, 1998, 
has resulted in the city dedicating the new East Chicago Public Safety 
Building in his name. I had the privilege of knowing Jim for many 
years, and he was an inspiration to anyone who had the privilege to 
meet him.
  Jim Knight was born in East Chicago on March 13, 1925 and spent his 
youth attending St. Mary's Elementary School and Catholic Central High 
School, which is now Bishop Noll Institute. After graduating from high 
school, Jim prepared himself for a future in the United States military 
by attending the U.S. Navy Sonar School in San Pedro, California. He 
continued his higher education by attending Muhlenberg College in 
Allentown, Pennsylvania.
  After completing his studies, Jim served his country in the United 
States Navy from 1943 to 1945. His devoted service during World War II 
left Jim with a sense of purpose and accomplishment, so after the war 
he decided to re-enlist in the United States Army, where he actively 
served from 1949 to 1953, and then continued his military service in 
the reserves.
  Although his experiences in the military took him to many places 
around the world, Jim Knight's heart was always in Northwest Indiana. 
He spent his time exploring many different occupations, including 
working as an ironworker for the Baltimore & Ohio Railroad, earning his 
real estate license, serving as a Lake County Deputy Sheriff, and 
finally as the East Chicago City Controller, a position he held from 
1972 until his death in 1998.
  Jim Knight dedicated his personal and professional life to making 
East Chicago and Northwest Indiana a better place. He developed a love 
for politics while lobbying for the Lake County Fraternal Order of 
Police. He was also involved with many professional associations, 
including the Indiana Association of Cities and Towns, the Indiana 
Controllers' Association, the Lake County Convention and Visitor's 
Bureau, and the East Chicago Board of Public Works. Jim was also the 
President of the East Chicago Waterway Management District.
  When he was not with his wife, June, their six children and twelve 
grandchildren, Jim spent much of his personal time as a member of 
various social clubs. He was the Past Exalted Ruler of East Chicago 
Elks Lodge #981, and was a member of the East Chicago Goodfellows Club, 
American Legion Post 369, and many others.
  Mr. Speaker, at this time I ask that you and my other distinguished 
colleagues join me in honoring Jim Knight and commending the City of 
East Chicago for dedicating their new public safety building in the 
memory of an outstanding citizen of the East Chicago community. Jim 
devoted his time to improving the quality of life in his native city, 
as well as Northwest Indiana, and his legacy will continue for 
generations to come.

                          ____________________




  TRIBUTE TO COLONEL WALTER M. WASHABAUGH ON HIS RETIREMENT FROM THE 
                        UNITED STATES AIR FORCE

                                 ______
                                 

                            HON. JEFF MILLER

                               of florida

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. JEFF MILLER of Florida. Mr. Speaker, on the occasion of his 
retirement from the United States Air Force, I want to recognize 
Colonel ``Mark'' Washabaugh for his 30 years of dedicated service to 
our country. In his most recent assignment he serves as the Chief, 
Inquiries Division, Office of Legislative Liaison. He manages, on 
behalf of the Department of the Air Force, all constituent inquiries 
from the White House, Office of the Vice President, Members of Congress 
and State/local governments.
  Colonel Washabaugh began his distinguished Air Force career with the 
Reserve Officers Training Corps at the University of Maryland and was 
commissioned in 1972. He graduated from St. Anne's Academy, Ft. Smith, 
Arkansas. He earned a Bachelor of Science degree in zoology/biology 
from the University of Maryland in 1972 and a Master of Science degree 
in systems management from the University of Southern California in 
1985. He also attended Squadron Officers School and Air Command and 
Staff College.
  His first assignment was as an Administration Officer for the 801st 
Radar Squadron at Malmstrom AFB, Montana. Following this assignment he 
was Commander of the Headquarters Squadron at Kingsley Field, Oregon. 
His next assignment took him to Osan AB, Republic of Korea where he 
served as the Executive Officer for the Deputy Commander for Resources, 
51st Composite Wing (Tactical); followed on as Wing Executive Officer 
and then as Aide to the Commander 314th Air Division. Colonel 
Washabaugh returned to the continental United States as the Program 
Officer, Directorate of Operations and Readiness, Headquarters United 
States Air Force. His next assignment took him to MacDlll AFB, Florida, 
where he served as Chief of Protocol for the United States Central 
Command. In 1983, he returned to Headquarters U.S. Air Force and served 
as the Chief of International Programs for Southern Europe. In 1986 he 
entered the Air Command and Staff College at Maxwell AFB, Alabama, as a 
student. Upon graduation he became Chief of Protocol, Headquarters U.S. 
European Command at Patch Barracks, Germany. In 1989 he returned to the 
continental United States as Chief of Branch 1 in the Office of 
Legislative Liaison, Headquarters U.S. Air Force. His next assignment 
was at the Air Education and Training Command at Randolph AFB, Texas as 
the Chief of Communications and Strategic Information Planning. He 
returned to the DC area to serve as Chief of the Business Systems 
Division for the Air Force Communications and Information Center. He 
was assigned to his present position in 1999.
  Colonel Washabaugh's military awards and decorations include the 
Defense Meritorious Service Medal with an oak leaf cluster, Meritorious 
Service Medal with five oak leaf clusters and the Air Force 
Commendation Medal with oak leaf cluster.

                          ____________________




                   IN HONOR OF BRENDA E. PERRY-FELDER

                                 ______
                                 

                          HON. EDOLPHUS TOWNS

                              of new york

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. TOWNS. Mr. Speaker, I rise in honor of Brenda E. Perry-Felder in 
recognition of her dedication and commitment to her family, her 
community and her church.
  Brenda E. Perry was born in Brooklyn, New York in 1940. Brenda 
attended Our Lady of Victory Catholic School, and then went on to 
become one of the first African-Americans to attend Bishop McDonald's 
Catholic High School. She has spent her life caring for others. After 
graduating from high school, Brenda attended Kings County Hospital 
Nursing School. As a registered nurse, she held several positions at a 
number of different hospitals, including St. Mary's and Greenpoint 
Hospital.
  Brenda has been married to her husband, Cleon, for almost 25 years. 
Together they have three children, Derick, Ronda, and Kimberly as well 
as one adopted daughter, Brenda, and a stepson, Cleon Jr. She is also 
the grandmother of 13 and great grandmother of two. While raising her 
children, Brenda decided to go back to school to become a teacher. She 
was a member of the first class of Medgar Evers College earning a 
Bachelor of Science degree in education. She also attended Barber-
Scotia College. She went on to receive a Master's in Education from 
Brooklyn College followed by a Master's in Supervision/Administration 
from City College and a Principal Leadership Certification from Howard 
University.
  Brenda was an outstanding dedicated teacher, principal and advocate 
for children. She worked as a teacher in the Catholic school system at 
Our Lady of Victory and New Bed-Stuy Catholic Schools. She went on to 
work for the New York City Board of Education in District 23 where she 
remained for over 25 years. One of her greatest career accomplishments 
occurred early this year. After a great deal of hard work, just as she 
was retiring as its school principal, Brenda was able to have PS 73 
removed from the SURR list.
  Brenda has received countless honors for her hard work and 
dedication. In 1986, 1992,

[[Page 3871]]

and 1995, she received the ``Outstanding Leadership Award from District 
23''; in 1991, she received the ``Key Women of America Education 
Award''; in 1993, 1998, and 1999 she was given the Rachel Jean Mitchell 
Award for her Outstanding Service to Students in District 23; in 1994, 
she was honored with the Malcom X-Betty Shabazz Award for Outstanding 
Service to Children; in 1997, she also received the Barbara Scotia 
College Alumni Award for Outstanding Service to Children; and in 1999, 
the New York City School system acknowledged her career achievements 
with the Chancellor's Leadership Award as Principal of the Year.
  Brenda E. Perry-Felder has committed herself as a parent, student, 
and teacher to hard work and outstanding accomplishments. Her motto is, 
``If I can help somebody along the way then my living will not have 
been in vain.'' Mr. Speaker, Brenda E. Perry-Felder has helped many and 
her life is not in vain. As such, she is more than worthy of receiving 
this recognition today and I urge my colleagues to join me in honoring 
this truly remarkable woman.

                          ____________________




                         HONORING DAVID SULENTA

                                 ______
                                 

                         HON. GEORGE RADANOVICH

                             of california

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. RADANOVICH. Mr. Speaker, I rise today to honor David Sulenta for 
receiving the 2002 Fire Personnel of the Year Award from the Sanger 
District Chamber of Commerce.
  David joined the Sanger Fire Department October 30, 1979. He began as 
a Firefighter/EMT and was promoted to Firefighter/Specialist soon 
after. Aside from Mr. Sulenta's contributions as an outstanding person, 
he has initiated many programs for the Sanger Fire Department. He 
brought about the routine testing of the self-contained breathing 
apparatus and he developed specifications for the new exhaust system 
which removes diesel exhaust fumes from the apparatus floor when fire 
engines drive out of the firehouse. Moreover, David was active in 
obtaining equipment for new fire engines. His achievements and 
contributions have not gone unrecognized by his peers. The officers of 
the department have selected him as ``Employee of the Quarter'' many 
times and this is the second time he has been honored as the Fire 
Personnel of the Year.
  Mr. Speaker, I rise today to congratulate Mr. David Sulenta for his 
contributions to the Sanger Fire Department. I invite my colleagues to 
join me in thanking David for his active involvement within the 
community and wishing him many more years of continued success.

                          ____________________




 CONGRATULATIONS TO REVEREND F. BRANNON JACKSON IN CELEBRATION OF 36TH 
                            YEAR IN MINISTRY

                                 ______
                                 

                        HON. PETER J. VISCLOSKY

                               of indiana

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. VISCLOSKY. Mr. Speaker, it is with great honor and esteem that I 
wish to congratulate Reverend F. Brannon Jackson, who is celebrating 
his 36th year in the ministry. As the congregation at Calvary 
Institutional Church will attest, this praise is well deserved. Having 
overcome many obstacles in his life, Reverend Jackson serves as a role 
model for those wishing to start their life afresh and to have a 
positive influence over the lives of others.
  To the benefit of Northwest Indiana, Reverend Jackson's arrival in 
Gary was, in his own words, ``God's will.'' In 1946, after serving in 
the military, he planned to visit his cousins in the city while en 
route to San Francisco. Once here, this young man from Mobile, Alabama 
abandoned his plans to travel west, for he felt strangely drawn to this 
area, in spite of its differences from his native state.
  Until he received the call to the ministry, Reverend Jackson openly 
admits his early years in Gary were spent enjoying the frivolities in 
life. At the age of 22, eager to set himself on the path of success, he 
offered his skills as a welder to Gebraltar Insurance Company; later he 
secured other positions, first at Reliable Cab, and then at the Budd 
Plant. It was while at the Budd Plant that he accepted his call to the 
ministry. Incidentally, this call came disguised as a church hymn: 
while playing poker with friends, Reverend Jackson became agitated when 
a man began walking room to room singing these songs. He followed the 
man, intending to ask him to quiet down, but instead discovered the 
verses sung stirred a passion within his soul that has yet to be 
quelled. Under the direction of Reverend L.J. Harris and the New Mount 
Moriah Missionary Baptist Church, Reverend Jackson freed himself from 
the entanglements complicating his life and set his feet upon this path 
of righteousness.
  Knowing his congregation would benefit from a minister well versed in 
spiritual, as well as secular affairs, Reverend Jackson began to 
challenge himself intellectually. He attended Chicago Baptist Institute 
and completed his GED, but his hunger for this intellectual development 
remained insatiable. Bolstered by his renewed faith in God and in 
himself, Reverend Jackson enrolled in Indiana Christian University, 
where he attained not only a bachelor's degree, but successfully earned 
a master's degree in religious arts.
  Reverend Jackson's devotion to the Baptist Church is best reflected 
by the distinguished positions he has held and by the awards he has 
garnered during his 36 years in the ministry. He served as the 
president of the General Missionary Baptist state convention and the 
Indiana state convention. He lent his religious expertise to the 
National Baptist Convention, where he participated as an active board 
member. The culmination of his many years of dedicated service to the 
Baptist Church was achieved in 1998, when Indiana Governor Frank 
O'Bannon honored him with the Sagamore of Wabash Award, the highest 
award the governor can bestow upon a citizen.
  Mr. Speaker, I ask that you and my other distinguished colleagues 
join me in honoring Reverend F. Brannon Jackson as he observes his 36th 
year in the ministry. His commitment to his faith, as well as his 
selfless contributions to his congregation, is worthy of our 
commendation. Reverend Jackson is one of many extraordinary examples of 
leadership and integrity characteristic of the citizenry of Northwest 
Indiana.

                          ____________________




                          PERSONAL EXPLANATION

                                 ______
                                 

                             HON. BOB RILEY

                               of alabama

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. RILEY. Mr. Speaker, I was unavoidably detained for Roll Call No. 
65, on approving the journal. Had I been present I would have voted 
``yea.''
  I was also unavoidably detained for Roll Call No. 66, H. Res, 368, 
Commending the Pentagon Renovation Program. Had I been present I would 
have voted ``yea.''
  I was also unavoidably detained for Roll Call No. 67, H.R. 2509, the 
Bureau of Engraving and Printing Security Printing Amendments Act of 
2001. Had I been present I would have voted ``yea.''
  I was also unavoidably detained for Roll Call No. 68, H.R. 2804, the 
James R. Browning United States Courthouse Designation Act. Had I been 
present I would have voted ``yea.''

                          ____________________




                  A TRIBUTE TO CATHERINE WATTS-COLEMAN

                                 ______
                                 

                          HON. EDOLPHUS TOWNS

                              of new york

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. TOWNS. Mr. Speaker, I rise in honor of Catherine Watts-Coleman in 
recognition of her contribution to her family and her community.
  Catherine, a native of North Carolina, relocated to Brooklyn with her 
parents and two siblings after receiving her high school diploma from 
the Morningside High School in Statesville, North Carolina. Upon 
arriving in Brooklyn, Catherine enrolled in the Central School for 
Practicing Nursing. After graduating, she went on to work at the Harlem 
Eye and Ear Hospital, Lutheran Hospital, and Sheephead Bay Nursing 
Home.
  In 1950, Catherine married the late Bryant Coleman and was blessed 
with two wonderful children, Wayne and Lance. In rearing her children, 
she became more active in the Brooklyn community. Her motto is 
``parents must be actively involved in the social, educational, and 
spiritual life of their children in order for them to grow up and 
become responsible contributing members of society.''

[[Page 3872]]

  Catherine grew up in a caring, loving and spiritual household and she 
continues to always put God first in her life. Her daily meditation 
includes the 23rd and 121st Psalms, and the 14th Chapter of St. John. 
With that commitment to her community, she continues to be a tithing 
member of her childhood church, the Church of the Living God in 
Statesville, North Carolina, and alternates weekly worship between 
Nazarene Temple and Faith Holy Churches in Brooklyn.
  Today, Catherine is a happy retiree who continues to reach out and 
touch the lives of others by happily volunteering her time. One of her 
greatest joys is talking about her six grandchildren, Zuri, Maurice, 
Larissa, Lauren, Lance Jr., and Latrice. She is also proud of her 
daughter-in-laws, nieces, and nephews who are an integral part of her 
life.
  Mr. Speaker, Catherine Watts-Coleman has devoted her life to serving 
her family and her community. As such, she is more than worthy of 
receiving our recognition today and I urge my colleagues to join me in 
honoring this truly remarkable woman.

                          ____________________




                          HONORING DOUG PERRY

                                 ______
                                 

                         HON. GEORGE RADANOVICH

                             of california

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. RADANOVICH. Mr. Speaker, I rise today to honor Mr. Doug Perry, 
principal of El Capitan Middle School, for receiving a nomination for 
the Educator of the Year Award from the California League of Middle 
Schools.
  Principal Perry has served El Capitan for 23 years as a principal, 
and 9 years as a physical education teacher. He administered the 
transition to a year round school schedule and the reinstatement of the 
regular school year schedule. Doug is also an innovative leader; he 
recognized the necessity of technological improvements as a vital 
resource for students and teachers. Mr. Perry has supported various 
programs for his students, such as the district's promotion/retention/
intervention programs. Principal Perry has been an instrumental and 
charismatic leader in his community, and has earned much respect from 
his colleagues.
  Mr. Speaker, I rise today to congratulate Doug Perry for his 
nomination for the 2001 Educator of the Year Award. I invite my 
colleagues to join me in thanking Mr. Perry for his outstanding service 
to the community and wishing him many more years of continued success.

                          ____________________




                         GREEK INDEPENDENCE DAY

                                 ______
                                 

                               speech of

                          HON. JOHN F. TIERNEY

                            of massachusetts

                    in the house of representatives

                        Tuesday, March 19, 2002

  Mr. TIERNEY. Madam Speaker, I rise today in honor of the 181st 
anniversary of Greek independence that will take place on March 25th. 
As a member of the Congressional Caucus on Hellenic Issues, I once 
again join my colleagues in paying tribute to the Greek nation and its 
people.
  As we all know, ancient Greece was the fountain of democratic ideals 
and values for the rest of the world, and on the day of her 
Independence, we are again reminded of our duty to strive for and 
defend freedom.
  We are also reminded of the debt of gratitude we owe to the country 
upon which our democratic process is founded, while also recognizing 
the strong support modern day Greece has given us in our battle with 
terror. Indeed, the people of Greece and all Greek Americans have cause 
to celebrate their achievements on this day of Independence.
  On behalf of the people of the Sixth Congressional district of 
Massachusetts, I wish to extend congratulations to the people of Greece 
and all people of Greek heritage in the United States on this important 
holiday.

                          ____________________




                     PAYING TRIBUTE TO DREW SHAPIRO

                                 ______
                                 

                            HON. MIKE ROGERS

                              of michigan

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. ROGERS of Michigan. Mr. Speaker, I rise today to pay tribute to 
Drew Shapiro, an eighth grader from Fenton, MI. In June, 2001, for his 
charitable Bar Mitzvah project, Drew chose to create snack kits to be 
distributed to homeless veterans in Flint and Ann Arbor, Michigan as 
well as Toledo, Ohio.
  When the project was finished Mr. Speaker, he had collected enough 
donated items and money to assemble over 600 individual snack kits 
containing canned tuna, snack mix, candy, nuts, raisins and other 
nutritional food. Some even contained wool hats and t-shirts. On 
December 21, 2001, with the help of the Ann Arbor Veterans 
Administration Hospital, Drew and his family distributed the kits, 
along with a note attached to each that read, ``Dear Veteran, Thank you 
for serving our country.''
  Even though Drew was planning his project well before the tragic 
events of September 11th, his hard work and compassion for our veterans 
took on special meaning after that terrible day. The attacks of 
September 11th were meant to create fear in every American, especially 
our children. Yet, the terrorists who carried out those evil acts have 
succeeded in only strengthening our resolve as Americans. It is also 
clear, through Drew's great example, that our nations greatest 
resource, our youth, is as strong, brave, and as bright as they have 
ever been.
  Mr. Speaker, this young man exemplifies the spirit of every American 
at this time in our history. He has set a wonderful example that every 
American can follow. I ask that my colleagues join with me in saluting 
Drew's devotion to our country and to its veterans, who themselves have 
paid such an incredible price so that we may continue to live in 
freedom.

                          ____________________




                  IN HONOR OF MRS. JOYCE YVONNE CHASE

                                 ______
                                 

                          HON. EDOLPHUS TOWNS

                              of new york

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. TOWNS. Mr. Speaker, I rise today in honor of Mrs. Joyce Yvonne 
Chase, member of the Kings County Hospital Community Advisory Board and 
the NAACP 100 Black Women, devoted parishioner of the John Wesley 
United Methodist Church and a dedicated community leader, in 
recognition of the nearly five decades of compassionate and selfless 
service she has contributed to her community.
  A native of Guyana, Mrs. Chase migrated to the United States in 1953. 
She began her career as a nurse's aide at the Jewish Chronic Disease 
Hospital, and after five years of devoted service, joined the staff of 
Brooklyn's Kings County Hospital. Through continued education and hard 
work, while at Kings County Hospital, Mrs. Chase progressed from 
nurse's aide to licensed practical nurse and then to Registered Nurse, 
the position from which she retired in 1993 after forty years of 
enthusiastic, kind-hearted and loving service--service that made a 
difference in the lives of countless individuals and families.
  After retiring from her career in nursing in 1993, Mrs. Chase 
continued to carry out her commitment to care and service of the less 
fortunate as a dedicated volunteer. Since 1993, Mrs. Chase has 
volunteered as a member of the Auxiliary of Kings County Hospital 
Center, spearheaded the hospital's One Hundred and Sixty-fifth 
Anniversary Celebration, which raised $126,000 to enable the further 
development of the New Bed Tower of Kings County Hospital, and 
personally organized a fundraiser for Rhonda Armstrong, a twelve year 
old Guyanan native with a brain tumor. Mrs. Chase also continues to 
coordinate an Annual Thanksgiving Party for the children of Bedford 
Stuyvesant, volunteers at the Brooklyn's Children's Museum, and 
fulfills her role as the pillar of her family.
  Finally Mr. Speaker, I would like to note that Mrs. Chase is married 
to Keith Anderson Chase, and is the proud mother of two children.
  A beacon of dignity and compassion and a pillar of her community and 
family, in all that she has done Mrs. Chase has always put others 
first; she has always been giving, always caring. Her selfless 
commitment to serving those in need has touched many lives and had a 
tremendously positive affect on her community. Mrs. Joyce Yvonne Chase 
is truly an exemplary citizen worthy of our praise. I urge my 
colleagues to join me in honoring her.

                          ____________________




                         GREEK INDEPENDENCE DAY

                                 ______
                                 

                               speech of

                          HON. HILDA L. SOLIS

                             of california

                    in the house of representatives

                        Tuesday, March 19, 2002

  Ms. SOLIS. Madam Speaker, I rise today as a Member of the Hellenic 
Caucus to recognize

[[Page 3873]]

the great nation of Greece and celebrate its 181st anniversary of 
independence from the Ottoman Empire.
  We all know of ancient Greece as the birthplace of democratic ideals, 
from Solon, the lawmaker who framed Athens' Constitution; to Pericles, 
the leader of that City-State's democratic political movement; and the 
philosophers Socrates and Plato.
  However, 181 years ago Greece engineered a new democratic movement by 
overthrowing the Ottoman Empire which had ruled the nation for more 
than 400 years and declaring independence.
  The war for independence began on March 25, 1821, in the monastery of 
Hagia Lavra, Kalavryta.
  It was here that Germanos, the bishop of Paleon Patron, raised the 
banner of the revolution and blessed the arms of the captains of the 
revolting Greeks.
  The Greeks' struggle for freedom inspired many Americans, who noted 
the parallels to our own revolutionary battle just 46 years prior.
  In fact, many Americans left our country to fight for Greek 
independence, and the U.S. Congress also provided financial assistance 
for the war effort.
  And today, many citizens of Greek descent--including nearly 1,000 in 
my district, the 31st District of California--call the United States 
their home.
  Indeed, with more than 3 million people of Greek descent living in 
the United States, our commitment to this great Hellenic nation has not 
diminished.
  Indeed, it grows stronger every day.
  From our mutual efforts to establish peaceful relations in the 
Balkans to the transfer of the Olympic Games from Salt Lake City to 
Athens, the United States and Greece have worked hand-in-hand.
  It is my hope that this relationship will grow and prosper as the 
years continue.
  I urge all of my colleagues to join me in commemorating Greek 
Independence Day and saluting the people of Greece for their 
contributions to our own wonderful nation and the world.

                          ____________________




   IN HONOR OF THE 90TH ANNIVERSARY OF THE GIRL SCOUTS OF THE U.S.A.

                                 ______
                                 

                         HON. JOSEPH M. HOEFFEL

                            of pennsylvania

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. HOEFFEL. Mr. Speaker, I rise to commemorate the 90th Anniversary 
of Girl Scouts of the U.S.A. This valuable organization has been 
empowering young women to develop leadership skills, along with a sense 
of determination, self-reliance and teamwork since 1912.
  Today, the Girl Scouts of the U.S.A. have over 3.8 million members 
throughout the United States. In my district alone, 10,000 Girls Scouts 
are able to acquire the self-confidence and expertise that is needed to 
distinguish themselves as leaders in their communities.
  I commend the Girl Scouts of Southeastern Pennsylvania and the Girl 
Scouts of Freedom Valley for their outstanding accomplishments in the 
areas of leadership, community service and personal development. Both 
of these chapters offer young women in Montgomery County, Pennsylvania 
the opportunity to develop life skills that will enable them to become 
confident and caring adults.
  For 90 years, the Girls Scouts of the U.S.A. have had a positive 
impact on the lives of countless young women nationwide. It is my hope 
that the Girl Scouts of the U.S.A. continue these strong traditions for 
the next 90 years and beyond.

                          ____________________




               THE MENTAL HEALTH EQUITABLE TREATMENT ACT

                                 ______
                                 

                        HON. PATRICK J. KENNEDY

                            of rhode island

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. KENNEDY of Rhode Island. Mr. Speaker, I am pleased to be here 
today celebrating introduction of the Mental Health Equitable Treatment 
Act with my good friend from New Jersey, Mrs. Roukema. Too many 
Americans have been waiting too long for equal access to the health 
care they need. I hope by introducing this compromise mental health 
parity bill we can make it happen this year.
  I could give you statistics about the prevalence of mental illnesses 
and cost of insurance discrimination, but the bottom line is that 
parity is about people's lives. Tracy Mixson of Asheville, North 
Carolina watched the downward spiral of her friend, Jeff. He exhausted 
his health insurance and ran out of medication. He tried to see another 
doctor, but couldn't afford the costs and had to stop going. In her 
words, ``I watched him suffer for a little while, and then it was over. 
He ended his life.''
  This issue is not complicated. Our bill is a civil rights bill. It 
recognizes that prejudice distorts the markets and requires 
intervention. It reflects the best values on which this country was 
built, principles of inclusion and opportunity for all Americans.
  Discrimination in any form is a stain on the equality that makes this 
nation great. And make no mistake, discrimination is at the heart of 
this issue. The question for Congress to decide is whether we continue 
to indulge our old, deep-seated prejudices against the mentally ill or 
whether policy catches up with science.
  We will hear that parity is too expensive. I am confident that nobody 
in this Congress would countenance rationing health care for cancer or 
asthma. Like mental illnesses, these are potentially fatal, frequently 
treatable, chronic diseases. Unlike cancer and asthma patients, 
however, most Americans suffering from mental illnesses find that their 
health plans hinder access to necessary medical treatment.
  If we would not tell asthma or cancer patients that their coverage is 
too expensive, why would we say that to the mentally ill? Essentially, 
we are asking our constituents with mental illness to sacrifice 
potentially life-saving treatment in order to keep health care costs 
down for everybody else. The unfairness of that request is manifest.
  We don't ask cancer patients to bear that burden. We don't ask any 
other patients to bear that burden. And that's why this debate is not 
about cost. It's about prejudice.
  We will hear that if we pass parity, mental health care will be 
abused. This argument is a red herring. It is an invocation of the 
stereotypes that good people rely on to justify looking the other way 
in the face of injustice. We should not fall for it.
  We have a strong science base and the authority of the Surgeon 
General, NIH, AMA, and Nobel Laureates saying mental illnesses are 
diseases on par with physical ailments. We have experience in dozens of 
states and the federal employees' health program showing that parity 
results in a more efficient use of mental health resources.
  So I ask you, as you consider the merits of this bill, don't let the 
issue get muddied. I believe the choice is simple. On the one hand is 
the status quo. It's the denial of medically necessary care because of 
stereotypes and prejudice. It's suicide and lost jobs and broken lives. 
It's stories like that of Molly Close from Louisville, Kentucky, who 
wrote:

       In 1998 1 was hospitalized 3 times for depression with 
     suicidal intent. Each hospitalization was terminated, not 
     because my doctor felt I was ready to leave, but because my 
     insurance company refused to pay for further treatment. When 
     I left the hospital the last time, I was still severely 
     depressed. I was not healthy enough to return to my teaching 
     career of 24 years. Since I had exhausted all my leave days, 
     I was forced to resign my job. . . .

  It is time to end the discrimination that the Molly Closes of this 
country face.
  Our earlier parity bill, H.R. 162, has 203 cosponsors. We have heard 
the concerns of employers about cost and the need for flexibility and 
that's why we are here today introducing this compromise bill. This new 
legislation makes a major concession in dropping substance abuse. It 
contains explicit guarantees that plans can manage benefits. It 
protects the rights of health plans to set medical necessity criteria. 
A majority of the House supported these parity provisions last year 
during the appropriations process and I'm hopeful that we will have a 
chance to see whether a majority will support it on the Floor this 
year.
  Let's give the 54 million Americans with mental disorders full access 
to the American Dream. This bill is the right thing for them and the 
right thing for our nation. I look forward to working with my friends 
on both sides of the aisle to give all Americans the health care they 
need and deserve.

                          ____________________




         HONORING JERRY LEE BRYANT, COMMUNITY LEADER AND FRIEND

                                 ______
                                 

                             HON. BOB BARR

                               of georgia

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. BARR of Georgia. Mr. Speaker, the City of Rome, Georgia, as well 
as the entire northwest Georgia community, lost a great friend, a 
member of the Rome City Commission, and a

[[Page 3874]]

champion to many who grew up spending much of their time at the Rome 
YMCA. On March 5, 2002, Jerry Lee Bryant, as described by the Director 
of the local YMCA, was a ``Living Legend,'' passed away.
  A native of Corbin, Kentucky, Jerry graduated from the University of 
Louisville after serving with the U. S. Air Force during the Korean 
War. He began his career with the YMCA in Waycross, Georgia, in 1953. 
In 1960, he was one of 32 ``Y'' directors from across the United States 
chosen to serve as a leader for the YMCA World Youth Conference in 
Holland.
  Jerry had a passion for the YMCA, his church, his community, the City 
of Rome, and its schools and young people. Many men who grew up in the 
Y thought of him as a substitute father.
  Jerry and his lovely wife Martha came to Rome in 1962. Jerry became 
Director of the Rome YMCA and Martha served as the Y's program 
director. He remained with the local Y for 30 years, and during that 
time he led the YMCA board in a building project that doubled the size 
of the Y facility. He was instrumental in leading the YMCA in its 
purchase of Camp Glen Hollow in 1989. Grown men now remember Jerry as 
their ``daddy''; a hero; one who made an impression on their lives; a 
second father. Following his retirement in 1991, Jerry spent the 
majority of his time serving his community and assisting his wife, 
Martha, in her business, Bryant & Garrett Travel Agency. He was the 
first chairman of the Heart of the Community Board of Governors, a 
Seventh District STAR Student chairman, and he served on the board of 
the Floyd Medical Center Health Care Foundation. Jerry also was a past 
president of the Rome Rotary Club, and served as chairman of the 
Administrative Board and Board of Trustees of Rome First United 
Methodist Church.
  Jerry's wife, Martha, his children, Chuck Bryant and Lee Ann Bryant 
Edwards, as well as two grandchildren, have lost a wonderful husband, a 
tremendous father, and a grandfather, who loved them dearly. The 
citizens of Rome and Floyd County have lost a great leader. I have lost 
a good friend.

                          ____________________




       DELAY IMPLEMENTATION OF FARM SECURITY ACT UNTIL NEXT YEAR

                                 ______
                                 

                          HON. J. RANDY FORBES

                              of virginia

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. FORBES. Mr. Speaker, I understand that yesterday the lead 
negotiators for the Farm Bill informed us that they would ``be in a 
position to make the final farm bill decisions in public meetings of 
the Conference the week of April 9,'' according to a joint statement 
released by the top conferees.
  April 9th is far too late to begin implementing this complex 
legislation, as was March 22nd or even January 1st, and I believe that 
it is now essential to delay implementation of the Farm Security Act 
until next year.
  The planting season has already begun in many states across the 
country. As each day passes by without a new bill, America's farmers 
are digging themselves into deeper and deeper holes.
  We all know that farmers are not just planters, but planners, and 
most farmers thought it to be vitally important to have the farm bill 
in place at the end of last year. Now that it may be mid-summer before 
the USDA is effectively able to administer the provisions in the new 
Farm Bill, it could prove to be overwhelmingly detrimental for our 
agricultural community, especially in southeastern Virginia.
  In addition to helping the farmers by delaying the bill one more 
year, we will be saving the government an estimated $299 million 
dollars by delaying the new ``peanut subsidy program'' and continuing 
to use the current system, which has no net cost to the government.
  A Farm Bill is certainly needed, but the timing is important. 
Implementing the new Farm Bill this late in the season would be an 
incredible injustice to our farmers.

                          ____________________




INTRODUCING H.R. 4012 THE RURAL WIRELESS TELECOMMUNICATIONS ENHANCEMENT 
                              ACT OF 2002

                                 ______
                                 

                           HON. BARBARA CUBIN

                               of wyoming

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mrs. CUBIN. Mr. Speaker, rural America. We often hear of the unique 
challenges that face those of us who live and work in the unspoiled 
expanses of this great nation. As someone who represents the least 
populated state in the country, let me say that we wouldn't trade those 
challenges for all the urban conveniences in the world.
  There are, however, basic needs deemed necessary to conduct our 
everyday lives whether you live in Brooklyn, New York or Basin, 
Wyoming. One of those essential, and obtainable, requirements is access 
to modern and efficient telecommunications. Telecommunications is an 
important component by which we can run small businesses, visit distant 
relatives, or just order a pizza.
  During the last two Congresses, I have been successful advocating for 
wholesale changes in the way the Federal Communications Commission 
(FCC) regulates small and mid-size telecommunications companies. Those 
bills have passed the House but languish in the Senate.
  The basic tenet of the bills is to ensure that the FCC writes 
separate regulations for companies that are smaller than their 
oftentimes much larger competitors. Common sense shouid tell us that 
identical regulations imposed on telecommunications companies 
regardless of size translates into the over-regulation of the small and 
mid-size companies. Although the FCC initially fought these changes, I 
am pleased to report that most of the changes in the bills have 
ultimately been incorporated by the FCC.
  This leads me to the introduction of the bill I bring before the 
House today. The ``Rural Wireless Telecommunications Enhancement Act of 
2002'' will bring about significant changes by which the FCC regulates 
small wireless telecommunications companies.
  If you've been fortunate enough to travel through the state of 
Wyoming, you may have been surprised to find that your wireless phone 
did not work or that it received marginal coverage at best. One way in 
which we can address the comprehensive development of wireless 
telecommunications infrastructure in rural areas is to stop the FCC 
from burdening small wireless companies with onerous, one-size-fits-all 
rules meant to regulate the largest wireless carriers. That way small 
wireless companies can put their resources into developing new 
technologies and deploying their infrastructure instead of spending it 
on high-priced Washington lobbyists and regulatory attorneys.
  The goal of the ``Rural Wireless Telecommunications Enhancement Act'' 
is simple: to give rural wireless customers better service and more 
choices.

                          ____________________




                         TRIBUTE TO CASEY ROATS

                                 ______
                                 

                            HON. GREG WALDEN

                               of oregon

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. WALDEN of Oregon. Mr. Speaker, I rise today to convey my deepest 
appreciation to a member of my Washington, D.C. staff for his tireless 
efforts on behalf of the good people of Oregon's 2nd Congressional 
District. Casey Roats will conclude his internship in my office this 
week to continue his studies at Oregon State University and assist in 
the operations of his family's business, Roats Water System, Inc. in 
Bend, Oregon. As he leaves our nation's capital, I wish Casey well in 
his future endeavors, and I know that his intelligence and discipline 
will bring him success in whatever calling he answers.
  Casey was raised in Bend, Oregon, growing up in a family with 
indelible ties to central Oregon. He is, in short, a son of the 
American west. As a youngster he developed an interest in horsemanship, 
where he excelled as he does in every pursuit that I have witnessed him 
attempt. Casey's success in rodeo competitions provided him with the 
resources to attend his first year of college at Oregon State 
University. The travel required by these competitions allowed Casey to 
become familiar with much of eastern Oregon, which strengthened both 
his ties to the land and his appreciation for the western way of life. 
Moreover, his intimate knowledge of the issues that are so important to 
the people of Oregon has made him an invaluable asset during his tenure 
in my office.
  Mr. Speaker, Casey's early involvement with the Oregon chapter of 
Future Farmers of America provided a foundation of civic participation 
that he continues to build upon. His contributions to the Mountain View 
Chapter and the Central Oregon District soon earned statewide 
attention, and Casey was elected Vice-President of the Oregon Future 
Farmers of America for the 1999-2000 term.
  Throughout his internship, Casey has endeavored to learn more about 
his native state, as well as the workings of the federal government. 
His interest in the latter has been insatiable, leading him to pepper 
my staff with

[[Page 3875]]

thoughtful questions about how things work in Washington, D.C. and why. 
His fascination with the legislative process, coupled with a firm 
ideological underpinning, promises to carry him far in the arena of 
public service if he chooses to embark on such a career.
  Mr. Speaker, Casey exudes competence, and he welcomed visitors to my 
office with the same friendly and forthright manner that is so common 
of Oregonians. My trust in him to complete tasks flawlessly and without 
supervision was vindicated time and time again. My staff reports that 
Casey ranks among the finest items ever to serve in my congressional 
office. Simply put, Casey was a delight to work with and always 
demonstrated a high level of professionalism and attention to detail 
during his service on Capitol Hill.
  It goes without saying that Casey will be difficult to replace. While 
I am deeply sorry to see him leave, I am confident that he will 
continue to make central Oregon proud in whatever career he chooses in 
the future. Thank you, Casey, for a job well done.

                          ____________________




EXPRESSING SENSE OF HOUSE OF REPRESENTATIVES REGARDING WOMEN'S HISTORY 
                                 MONTH

                                 ______
                                 

                               speech of

                          HON. MELISSA A. HART

                            of pennsylvania

                    in the house of representatives

                        Tuesday, March 19, 2002

  Ms. HART. Mr. Speaker, in honor of Women's History Month, I would 
like to take this opportunity to recognize the life and work of Susan 
B. Anthony, and to celebrate the 182nd anniversary of her birth, which 
took place last month. Susan B. Anthony is remembered as one of our 
greatest foremothers in the drive for women's rights. However, what 
many have forgotten, or chosen to ignore, is that she was amongst our 
Nation's first and most passionate pro-life advocates. For Anthony, the 
rights of the unborn were inseparable from the rights of women, and 
opposition to abortion was an essential part of the cause of women's 
rights.
  This month as we honor the women who have strived to improve the 
lives of women in America and throughout the world, let us remember the 
life and achievements of Susan B. Anthony and what she has done to 
guarantee full rights for both women and their unborn children.

                          ____________________




       CELEBRATING THE 46TH ANNIVERSARY OF TUNISIAN INDEPENDENCE

                                 ______
                                 

                          HON. DAVID E. PRICE

                           of north carolina

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. PRICE of North Carolina. Mr. Speaker, today, March 20, 2002, the 
Republic of Tunisia celebrates the 46th anniversary of its 
independence.
  Since adoption of its first Constitution in June 1, 1959, Tunisia has 
made great progress in embracing procedural and substantive democratic 
reforms by holding contested presidential and legislative elections 
that provide for the opposition party to hold seats in parliament; 
expanding freedom of expression among its people; providing a free 
public education for all children; and promoting the equality of women, 
including the election of women to parliament.
  As a result, the Republic of Tunisia has reaped the benefits of 
becoming a world trading partner through bilateral free trade 
agreements, trade agreements with European Union, and nearly two 
decades of sustained economic growth.
  The relationship between the United States and Tunisia dates back to 
the 18th century when our two countries signed a treaty of friendship. 
Strong ties of cooperation continued after Tunisia gained its 
independence in 1956 and continue today as Tunisia joins us in the 
fight against terrorism. Today, we commemorate the independence of the 
Republic of Tunisia and celebrate our special relationship with the 
Tunisian people.

                          ____________________




                   ``FROM FRONT LINES TO BACK ROADS''

                                 ______
                                 

                           HON. FRANK R. WOLF

                              of virginia

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. WOLF. Mr. Speaker, I want to call to the attention of our 
colleagues an article in the March 11, 2002, edition of the Washington 
Post which tells the story of a decorated flight surgeon with the 
Army's elite Delta Force who now spends his time in the rural areas of 
the Shenandoah Valley of Virginia as a beloved country doctor making 
house calls.
  His name is John O. Marsh III, better known as Rob, the son of John 
O. Marsh Jr., better known to many of his former colleagues in this 
House as Jack. I am proud to represent as part of Virginia's 10th 
District areas which used to be included in the 1960's in the old 7th 
District, which was ably represented by then Congressman Jack Marsh. As 
many of our colleagues will recall, Jack went on to serve in the 
administration of President Ford and as Secretary of the Army under 
both Presidents Ronald Reagan and George H.W. Bush.
  We congratulate Dr. Rob Marsh, who has followed in his father's 
footsteps in his service to the people of his nation and to his state.
  The Post article follows:

                [From the Washington Post, Mar. 4, 2002]

From Front Lines to Back Roads--Delta Force Doctor Now Delivers Care In 
                             Rural Virginia

                           (By Carol Morello)

       MIDDLEBROOK, VA.--The only doctor in this crossroads of a 
     Shenandoah Valley village does not volunteer details of his 
     years with an elite Army unit, or how he almost died in 
     Somalia of mortar wounds. And his patients are too polite to 
     probe.
       But while waiting in the clinic to see Rob Marsh, many of 
     them study the watercolor prints on the walls, depicting 
     soldiers rappelling into battle and downed Black Hawk 
     helicopters. How, they wonder, did this decorated combat 
     physician come to treat the aches and pains of farmers and 
     factory workers in the valley?
       ``They remind me every day where I came from, and why I'm 
     here,'' explains Marsh while driving over gravel roads and 
     one lane bridges in his pickup truck. He's making house 
     calls. And he won't send a bill. It's not very efficient, he 
     allows, but this is what a good country doctor does.
       They didn't have a doctor before Marsh moved here six years 
     ago with his wife, Barbara, and their children--now two boys 
     and two girls, ages 3 to 9. ``I feel that's why I was saved, 
     to come back here and do this,'' he says. ``This is my 
     calling.''
       At a time when rural America is starved for physicians to 
     provide basic health care, Marsh practices medicine with a 
     care and attention that seem lost to another era. How many 
     doctors are left whose patients drop by just to leave a home-
     baked cake or to show off photographs of the animals they've 
     raised in 4-H?
       Marsh's practice in a University of Virginia satellite 
     clinic is all the more extraordinary when contrasted with the 
     life he used to lead as a flight surgeon for Delta Force, the 
     Army's secretive Special Forces unit.
       His office is filled with mementos of war zones where he 
     mended wounds and lost friends before settling on a farm near 
     here. A bookshelf holds the iconic Delta Force dagger inside 
     a triangular frame along with the motto ``Oppressors 
     Beware.'' In two examining rooms, drawings of Delta Force 
     battles share wall space with osteoporosis posters. Even his 
     clock is on Zulu time. His Legion of Merit, two Bronze Stars 
     and Purple Heart are stashed at home and in his truck.
       What is missing is anything that smacks of the Hollywood 
     version of what happened to Delta Force and Ranger troops in 
     Mogadishu, Somalia, in October 1993. Marsh has not seen the 
     blockbuster film ``Black Hawk Down.''
       ``I don't have to go watch a reenactment of seeing 18 of my 
     friends die,'' he says.
       Nor did he consent when producers asked him to be a 
     consultant. ``I couldn't leave my patients,'' he explains.
       Friends and colleagues say a common thread runs through 
     Marsh's work in polar-opposite environments.
       ``His dedication to the military was just as intense as his 
     dedication is now to his patients,'' says Lewis Barnett, the 
     former head of the University of Virginia's family medicine 
     program. ``He's a devoted servant.''
       Marsh, 46, had wanted to be a Green Beret ever since a 
     third-grade visit to Fort Bragg with his father, John O. 
     Marsh Jr., then a Democratic congressman from the Shenandoah 
     Valley who later became secretary of the Army under 
     presidents Ronald Reagan and George H.W. Bush. The son is 
     John O. Marsh III, but everyone knows him as Rob.
       The quickest route into the Green Berets was as a medic, so 
     Marsh enlisted and eventually received a degree from Eastern 
     Virginia Medical School.
       He had his share of close calls. During the Persian Gulf 
     War in 1991, for example, a medic who replaced him on a 
     helicopter flight into Iraq was killed when the chopper 
     crashed.
       But nothing compared to his experience in Somalia two years 
     later. U.S. troops set out to capture two aides to a local 
     warlord. Army Rangers and Delta Force operatives became 
     pinned down during a night of pitched combat.
       The casualties arrived at the airport base in waves. First 
     a handful, then by the dozens--some 60 serious casualties in 
     all. Marsh

[[Page 3876]]

     and two other physicians worked through the night and into 
     the next day. Eighteen Americans and hundreds of Somalis died 
     in the fighting, chronicled in the book ``Black Hawk Down'' 
     by Mark Bowden, and the movie of the same name.
       For Marsh, the worst was yet to come. Two days later, he 
     was standing on the tarmac with other officers when a mortar 
     hit. The man next to him was killed. Twelve soldiers were 
     wounded, including Marsh.
       Here is what he remembers before losing consciousness: ``A 
     flash. Noise. I remember feeling pain.''
       Shrapnel shredded his abdomen. A shard pierced an artery in 
     his leg. Yet even as he lay bleeding from his nearly fatal 
     wounds, he ordered soldiers to carry the injured to his side 
     so he could perform triage. ``They were my people. I wanted 
     to know who was hit.''
       Marsh's father, who vividly recalls his son's arrival at 
     Andrews Air Force Base two weeks later, believes the 
     experience made him a better doctor: ``It's given him empathy 
     and insight into people who are sick.''
       Even before his injury, Marsh had talked of returning to 
     the valley, which he always considered home, though he was 
     largely educated in Arlington public schools.
       The university's health system was looking to open a rural 
     office in this area and show medical students the life of a 
     country doctor--a breed that has largely vanished over the 
     last 50 years as physicians have gravitated to specialties 
     and urban areas.
       ``Rural areas can be hard on the family,'' says Claudette 
     Dalton, an anesthesiologist who heads the university's 
     community education program. ``There are no cultural 
     attractions. You have to drive 10 miles to the Piggly Wiggly 
     to get groceries.''
       Marsh saw it differently.
       ``He goes where the need is greatest,'' says Dalton. 
     ``There aren't many physicians who will take on all comers as 
     patients.''
       One day recently, Marsh spent the afternoon crisscrossing 
     the back roads of this cattle-raising area south of Staunton. 
     He made a half-dozen house calls, most to elderly, housebound 
     patients. Testing the memory of a stroke victim, he asked her 
     how many chickens her daughter owns. At the home of a cancer 
     patient struggling to pay for his arsenal of medicine, Marsh 
     left a supply of salesman's samples. In the run-down 
     farmhouse of a man who had been acting confused, Marsh found 
     an addling blend of outdated drugs, some of which had expired 
     in 1986.
       He would not ask for payment.
       ``If I sent them a bill for $150 for a house visit, they 
     would pay,'' he explains. ``But I probably wouldn't keep them 
     as a patient.''
       They are not just his patients, he says, but ``my 
     friends.''
       That's why he attends their funerals, serves on their 
     volunteer fire and rescue unit, makes apple butter with the 
     Ruritan club, and is an elder in his Presbyterian church.
       ``You can become very close to everyone, very quickly,'' he 
     says of this hamlet of 200, so small it lacks even a 
     stoplight. ``If you're a good doctor, you treat people right 
     and get involved in the community.``
       It's a philosophy he's passing on to the coming generation 
     of doctors. ``He believes we should make sure we give more to 
     our community than just medicine,'' says Frank Petruzella, a 
     U-Va. medical student who spent a month working with Marsh. 
     ``He's very involved in all aspects of people's lives.''
       Marsh has been involved in Carl Sprouse's life for a 
     decade. They were in Delta Force together, and Sprouse now 
     lives down the road.
       ``When my father had complications after open heart 
     surgery, Doc Marsh would stop by at 11 or 12 at night to see 
     him in the hospital,'' recalls Sprouse. ``He wasn't his 
     doctor. He just has compassion for people. He was a good 
     soldier. He's a great man.''
       Marsh deflects such praise. In this small farming community 
     that he and his family call home, he has rediscovered what he 
     loved most about Delta Force. ``It's the same atmosphere,'' 
     he says. ``Everybody takes care of each other, and we do our 
     jobs.''

     

                          ____________________


                          PERSONAL EXPLANATION

                                 ______
                                 

                          HON. ELTON GALLEGLY

                             of california

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. GALLEGLY. Mr. Speaker, on March 7, I missed roll call vote number 
52. Had I been present, I would have voted ``aye'' on the vote.

                          ____________________




                        TRIBUTE TO DR. JOE CRAIG

                                 ______
                                 

                        HON. SUE WILKINS MYRICK

                           of north carolina

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mrs. MYRICK. Mr. Speaker, I rise today to honor the life and work of 
one of my constituents, Dr. Joe Craig.
  Dr. Craig has spent his entire life working to better the lives of 
others. Since 1978, he has traveled overseas to the poorest of regions, 
including Africa and Latin America, to provide free medical and dental 
care. This is a special year for Dr. Craig because he is 70 years old 
and will be conducting his 70th and final overseas medical mission.
  Dr. Craig's altruistic work also extended to his local community of 
Charlotte, North Carolina. He greatly helped our local Charlotte 
community by providing free dental services to recovering drug users 
and alcoholics and by counseling dozens of families through marriage 
and family problems. He also volunteered in the Charlotte Police Crime 
Lab in the 1960s before a full-time chemist was hired.
  Dr. Craig is a perfect example of the selfless call to volunteerism 
recently highlighted by President George W. Bush. For this reason, I am 
honored to recognize Dr. Craig for his life work and congratulate him 
and his family for his 70 years of dedication to making this world a 
better place.

                          ____________________




                CELEBRATING THE WOMEN OF LEWISTON/AUBURN

                                 ______
                                 

                        HON. JOHN ELIAS BALDACCI

                                of maine

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. BALDACCI. Mr. Speaker, I rise today to call my colleagues' 
attention to a dinner being held next week in the Lewiston/Auburn 
community of Maine. The event, ``Celebrating the Women of L/A,'' will 
honor women who have touched the lives of others in their communities.
  I am proud to have the opportunity to pay tribute to the following 
Women of L/A here in the House of Representatives. The Honorees are 
Diane Anctil, Gail Baillargeon, Kathryn Beaule, Sue Capponi, Sandy 
Conrad, Theresa Cote, Christine Clabby, Lori Cummings, Robin Duffy, 
Belinda Gerry, Nancy Hinds, Patience Johnson, Rachel Kay, Kathleen Noel 
King, Simonne Lavoie, Linda Mynahan, Venise Pratt, Muriel Richard, 
Patricia Robitaille, Trena Hamblin Steele, Linda Tanguay, Ann 
Tourtelotte, Dr. Luz Maria Umpierre, and Kathy Varney.
  Those submitting nominations were asked to briefly describe what it 
was about the nominee that made her such a special and important part 
of the community. Here are a few examples: ``She truly cares about the 
company's employees . . . She is interested in their lives, and she 
treats everyone with respect and dignity.''
  ``My sister has been an example to me. We came from a single parent 
home where our father was an alcoholic. She quit school at 16 and 
worked as a nurses' aide to earn money so our family could stay 
together. No one thought she would make anything of herself. Through 
hard work she proved them wrong.''
  ``Despite an extended career with many successes and contributions, 
she is always focused on the next opportunity to serve. . . . Her 
dedication to family and friends is equally as selfless.''
  ``How can a daughter even begin to explain how much her mother means 
to her? There are certainly not enough words in the dictionary for me 
to tell you who and what my mother is to me.''
  ``She is a loving person with a `Heart of Gold,' who has touched the 
lives of many people through her love and dedication in helping others 
and never wanting anything in return.''
  ``If there could be only one person that I look up to it would be my 
grandmother. . . . She is the bravest, most courageous person I have 
ever met and no one could ever replace her.''
  ``Now that I'm grown up with children of my own, I love and 
appreciate my mother more than ever. I now know how much hard work is 
involved in being a good mother, although she always made it seem so 
effortless. . . . When people tell me how much I am like her, I take 
that as the greatest compliment, for I hope I could be half of the 
woman that she is.''
  ``She saw my need, reached out her hand, and impacted another life--
which is just what she does on a daily basis.''
  These are but a few examples of the testimonials received on behalf 
of the honorees. They speak to the importance and influence that these 
women have had on their families, colleagues, and communities.
  For decades, the women of Lewiston and Auburn--like those throughout 
Maine, the nation and the world--have raised children, served as 
caregivers, worked inside and outside the home, and volunteered their 
time and talents. They have maintained a strong and quiet foundation 
for our families that has nourished us all. This celebration recognizes 
all that women bring to families and our community.

[[Page 3877]]

  These 24 women are all extremely deserving of this honor, and I 
congratulate them as they are recognized for their efforts in the home, 
in the workplace and in the community. I know that they are also 
representative of many other women throughout these communities and as 
we honor them, we also look around at the many other women who have 
made positive differences in L/A. I offer my thanks and best wishes to 
all the women of 
L/A for making Lewiston and Auburn such a strong and vibrant community.

                          ____________________




 A RESOLUTION ADJOURNING THE HOUSE OF REPRESENTATIVES IN LOVING MEMORY 
                   AND HONOR OF WILLIAM ANDREW CANNON

                                 ______
                                 

                             HON. MARY BONO

                             of california

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mrs. BONO. Mr. Speaker, The most prominent glory of a country is in 
its great men. A nation's spirit and its success will depend on its 
willingness to learn from their example. In life we shall find many men 
that are great, and some men that are good, but very few men that are 
both great and good. William Andrew Cannon was such a man.
  With deepest respect and admiration, we pay homage and tribute to 
William Andrew Cannon, and we pause in silent reverence for his soul.

       Whereas, William Andrew Cannon was born on August 25, 1920, 
     a native of Sweeny, Texas, and longtime resident of the State 
     of Mississippi, and he traversed these earthly bounds on 
     February 28, 2002; and
       Whereas, William Andrew Cannon was the devoted husband of 
     Lucy de Forcade de Biaix, a member of the Italian 
     aristocracy, whom he married on the Isle of Capri in 1945; he 
     was the loving father of a son, Fred, and a daughter, Tina 
     Jennie, and he was the proud grandfather of six 
     grandchildren, Carlo, Crystel, Francesco, Elena, Lauren, and 
     Guglielimo; and
       Whereas, William Andrew Cannon graduated from Corinth High 
     School in Corinth, Mississippi in 1938, and he attended 
     Western Kentucky University School of Business in Bowling 
     Green from 1938 to 1941, after which time he became a 
     managing partner of the Van Bibber Lumber Plant in Fulton, 
     Mississippi, before joining the United States Air Force to 
     serve in World War II; and
       Whereas, William Andrew Cannon served his country with 
     pride and distinction during World War II; he was a pilot, 
     stationed in Foggia, Italy, from 1943 to 1946, and he held 
     the rank of 1st Lieutenant with the 463rd Bombardment Group 
     of the United States 15th Air Force; and during this perilous 
     time, along with the personnel of the 463rd Bombardment 
     Group, he exhibited commendable efficiency in skill, 
     devotion, courage, and determination while facing intense 
     enemy opposition over the skies of Germany and Eastern 
     Europe, flying gallantly through in wing formation to reach 
     designated targets; and William Andrew Cannon, receiving an 
     honorable discharge in May 1946, was the recipient of the 
     Second Presidential Unit Citation for his extraordinary 
     heroism and outstanding performance of duty in military 
     operation against the enemy at Ploesti on May 18, 1944, and 
     at the Daimler Benz Tank Works in Berlin on March 24, 1945; 
     and
       Whereas, William Andrew Cannon, upon being discharged from 
     the United States Air Force in 1946, returned to the Van 
     Bibber Lumber Plant in Fulton, Mississippi, serving as a 
     partner until 1954, before joining the United States 
     Department of Defense in 1955 in Naples, Italy, where he 
     worked as Maintenance Control Engineer for Public Works at 
     the Naval Support Facility until 1983, and afterwards, he 
     received many honors for his outstanding service; and in 
     1983, he joined the Naval Communications Mediterranean as 
     Facility Manager, and he retired from that post on March 31, 
     1990; and
       Whereas, having received numerous awards for active 
     service, William Andrew Cannon, at the time of his 
     retirement, also was the recipient of the Department of the 
     Navy's Meritorious Award for Civilian Service, and he also 
     received a commendation certificate for 38 years of devoted 
     service to the United States government; and
       Whereas, throughout his life, William Andrew Cannon was an 
     inspiration to all the lives he touched through his 
     courageous patriotic leadership, his ethics and integrity, 
     his congenial nature, his constructive attitude, dedication 
     to his country, and his forthright manner made a positive 
     impact on those who had the pleasure of knowing him; and
       Whereas, the passion, dedication, intelligence, patriotism, 
     and social consciousness William Andrew Cannon brought to 
     this great country will never be forgotten, and his influence 
     will continue; and
       Whereas, the passing of William Andrew Cannon on February 
     28, 2002, has left a void that cannot be filled, and he is 
     mourned across the length and breadth of the Commonwealth;
       Be it resolved by the U.S. House of Representatives:
       Section 1.--The House of Representatives does hereby 
     express its profound sense of sorrow upon the passing of 
     William Andrew Cannon, and extends to his family and many 
     friends its most heartfelt sympathy.
       Section 2.--When the House of Representatives adjourns this 
     day, it does so in loving memory and honor of William Andrew 
     Cannon.
       Section 3.--The Clerk of the House of Representatives is 
     hereby directed to transmit copies of this Resolution to Mrs. 
     Lucy de Forcade de Biaix Cannon, 702 Jefferson Street, 
     Booneville, Mississippi 38829; Ms. Tina Jennie Cannon, 702 
     Jefferson Street, Booneville, Mississippi 38829; and Mr. Fred 
     Cannon, BMI, 320 West 57th Street, New York, New York 10019.

     

                          ____________________


     GEORGE AND PAULINE ``DIMPLES'' MURILLO CELEBRATE 50TH WEDDING 
                              ANNIVERSARY

                                 ______
                                 

                             HON. JOE BACA

                             of california

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. BACA. Mr. Speaker, it is my privilege to announce to you and to 
the rest of my esteemed colleagues, that on March 22, 2002, George and 
Pauline ``Dimples'' Murillo will celebrate their 50th wedding 
anniversary. I would like to join their friends and loving family in 
extending my most sincere congratulations.
  The Murillos have devoted fifty years to each other, to their 
families, to their communities, and to the service of our nation. Their 
marriage is a true achievement.
  George Murillo was born to Emillio and Vivian Murillo on July 20, 
1931, in San Bernardino, California. Just a few miles away on the San 
Manuel Indian Reservation, Pauline was born to Martha Manuel Chacon and 
Pablo Ormego on February 3, 1934. The two met and later married on 
March 22, 1952, at St. Anne's Catholic Church in San Bernardino in a 
ceremony performed by Father Domas.
  George served his country in the United States Army with active duty 
status from 1952 to 1954. He was stationed in Fairbanks, Alaska and 
spent six years in the Reserves receiving an Honorable Discharge in 
1960.
  The Murillos are a hard working American family. George went on to 
work for the Santa Fe Railroad for 12 years and then for Kaiser Steel 
in Fontana for another 18 years. He retired in 1983, but continued to 
work at the San Manuel Indian Bingo and Casino from 1986 to 1993. 
Pauline ``Dimples'' worked as a homemaker. She raised their three 
children in their house on Vine Street in Highland, California, where 
the couple lived from 1954 until recently.
  Pauline ``Dimples,'' an active member of the San Manuel Band of 
Mission Indians, has devoted herself to educating her community about 
the Native American Culture, identity and tradition. She travels to 
various public schools and colleges in the area to teach students about 
her culture. She practices traditional Native American crafts making 
Indian cradle dolls and other arts and crafts, which she sells at 
Indian Pow-Wows.
  The Murillos have served their community in numerous organizations. 
Pauline ``Dimples'' is a member of the Highland Women's Club, and both 
she and George are members of the Highland Senior Center providing 
services for the area senior citizens. The couple has made many 
personal contributions to this organization and to their community over 
the years.
  The Murillos' legacy is certainly their family. The couple has been 
blessed with a loving family including Pauline ``Dimples'' siblings 
Raul ``Beanie'' Chacon, Jr., Roy Chacon, Carla Chacon, Rowena Ramos, 
and Sandra Marquez, and by George's siblings, Rosie Manzano and Emily 
Barajas. I am joined in congratulating the Murillo's by their own 
children, Lynn ``Nay'' Valbuena, Audrey ``Audie'' Martinez, and George 
``Boy'' Murillo, and their grandchildren, Rich LeRoy, Sabrina 
Nakhjavanpour, Robert V. Martinez lll, Sheena Martinez, and Dillon, 
Skye and Zeny Murillo. The Murillo's are also blessed with seven great-
grandchildren, Cody and Chloe Nakhjavanpour, Selina Martinez, Robert V. 
Martinez IV, and Jasmine, Jaylene and Alfonso Martinez.
  Mr. Speaker, on behalf of the United States Congress and the people 
of California, I extend our sincere congratulations to George and 
Pauline ``Dimples'' Murillo.

[[Page 3878]]



                          ____________________




 FARMERS' MARKET NUTRITION PROGRAMS--A SERVICE FOR MICHIGAN COMMUNITIES

                                 ______
                                 

                          HON. DAVID E. BONIOR

                              of michigan

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. BONIOR. Mr. Speaker, I rise in support of the Farmers' Market 
Nutrition Programs, which provide a vital link between farmers and 
communities in need of fresh, locally grown produce.
  These programs help our small farmers sell their fresh produce, while 
improving access to nutritious food for seniors and low-income women 
and children. They play an important role in my district and in the 
state of Michigan. We have small produce farmers who struggle to make 
ends meet because they don't have enough steady customers for their 
products. They lose profits to the wholesalers who market their 
products when they cannot sell directly to their customers.
  Additionally, many communities and urban areas lack grocery stores 
with adequate produce, which makes it hard for new mothers to provide a 
balanced diet for their children. Without access to transportation, 
many senior citizens and low-income residents are forced to settle for 
less nutritious options.
  The WIC and Seniors Farmers' Market Nutrition Programs bring farmers 
and residents together in a way that helps everyone. Program 
participants receive coupons to be used to purchase locally grown 
produce. Our small farmers stay in business, and our elderly and low-
income children stay healthy.
  Instead of cutting these programs, we need to find ways to improve 
access to fresh, nutritious foods for those who need them most. 
Innovative pilot programs in my home state are creating new outlets for 
farmers to sell their produce. Several farmers' markets have been 
organized at senior housing facilities. These programs eliminate the 
transportation barrier that prevents so many elderly people from having 
fresh fruits and vegetables. These and other vital programs will end 
without continued federal funding.
  The farm bill will provide over $70 billion in funding to the farmers 
who feed this country. I urge my colleagues on the conference committee 
to work together and find a way to fund the WIC and Seniors Farmers' 
Market Nutrition programs to at least $15 million each.

                          ____________________




                         GREEK INDEPENDENCE DAY

                                 ______
                                 

                               speech of

                       HON. CONSTANCE A. MORELLA

                              of maryland

                    in the house of representatives

                        Tuesday, March 19, 2002

  Mrs. MORELLA. Madam Speaker, I rise today in recognition of Greek 
Independence Day. Greece and America have remained allies since America 
aided Greece in its struggle for independence 180 years ago.
  Americans have celebrated our connection with Greece throughout our 
history. Because of the many contributions from Greece and Greek-
Americans, President George W. Bush declared March 25th Greek 
Independence Day.
  Our nations share a strong common belief in democracy. The ideologies 
of ancient Greeks became the backbone of our Declaration of 
Independence. And, in turn, our beliefs were displayed in their 
declaration of freedom from the Ottoman Empire.
  Greek culture has given us more than our form of government. 
Buildings and memorials in Washington, D.C., and around the country, 
including the Capitol building and the Lincoln and Jefferson Memorials, 
are modeled on the Greeks' own exceptional architecture. In addition, 
our culture has been shaped by ancient Greek philosophy and their 
approach to science.
  In recent history Greece has been 1 of only 3 nations that have 
allied with the United States in every major international conflict. 
During World War II, 600,000 Greeks gave their lives in the fight for 
freedom. For more than 50 years, Greeks and Americans have had the 
privilege of working together in NATO.
  Greek-Americans have made many contributions in American communities. 
Greek-Americans commonly establish communities to maintain awareness of 
their cultural heritage, provide opportunities for social interaction, 
while preserving Greek language and traditions for future generations. 
Additionally, the investments that Greek-Americans have made in the 
business community are unsurpassed. Through the utilization of the 
American tradition of small, family owned businesses the Greek-American 
community has prospered.
  Madam Speaker, the eighth congressional district of Maryland, which I 
represent, has a large population of Greek-Americans. I am proud of the 
many contributions that they have made to Montgomery County and our 
nation. I join them in celebrating Greek Independence Day and urge my 
colleagues to join me in recognizing the achievements of Greek-
Americans.

                          ____________________




   MARCH 21, 2002 DESIGNATED AS UNITED NATIONS INTERNATIONAL DAY FOR 
                  ELIMINATION OF RACIAL DISCRIMINATION

                                 ______
                                 

                            HON. TOM LANTOS

                             of california

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. LANTOS. Mr. Speaker, tomorrow, March 21, 2002, has been 
designated as the United Nations International Day for the Elimination 
of Racial Discrimination. I think it is very important for us, here in 
the United States to mark this critical day. Racial Discrimination is a 
universal, global scourge. Confronting it and finding ways to defeat it 
are in the critical interest of every nation including the United 
States. Racial discrimination, xenophobia and other forms of 
intolerance are one of the principal root causes of international 
conflict. Our global war against terrorism cannot be won until we root 
out the global affliction of hate and intolerance. America's experience 
with slavery and our long struggle to advance civil rights also compels 
us to play a leading role in the international effort to cleanse 
humanity of the stubborn and shameful stain of racism.
  Tragically, in the last several years, the global community has been 
beset by a new wave of racial hatred. This new wave includes widespread 
discrimination against migrant workers in Europe and the Middle East; 
institutionalized racism against indigenous peoples and peoples of 
African descent in the Americas; and discrimination against women in 
the Islamic world. New forms of racism, often tied to the social and 
economic dislocations caused by increased globalization, are being 
spread by new technologies including proliferating hate sites on the 
internet.
  Mr. Speaker, for me as the only Member of Congress who is a survivor 
of the Holocaust, it is particularly painful to note that the current 
increase in racial hate includes an intense spasm of anti-Semitism. As 
a delegate to the UN's World Conference Against Racism (WCAR) in Durban 
South Africa last summer, I witnessed a particularly vivid 
demonstration of this new round of hatred for Jews.
  The conference's NGO forum, featured anti-Jewish rallies attracting 
thousands in the streets of Durban. One flyer, which was widely 
distributed at the rallies showed a photograph of Hitler and the 
question ``What if I had won?'' The answer: ``there would be NO Israel 
. . .'' At a press conference held by Jewish NGO's to discuss their 
concerns with the direction the conference was taking, an accredited 
NGO, the Arab Lawyers Union, distributed a booklet filled with anti-
Semitic caricatures, frighteningly like those seen in the Nazi hate 
literature printed and distributed in the 1930's. It was the most 
unabashed display of anti-Jewish hate that I have seen since that 
period. Similar images and messages can be found again and again in 
newspapers and other media in the Middle East, and on hate sites on the 
internet.
  Mr. Speaker, if the tragic events of September 11th have taught us 
anything it is that we cannot turn a blind eye to hatred and evil. We 
must actively take effective measures to eliminate racism at home and 
to defeat it abroad. We must make sure that our government takes 
effective action to prevent and punish racism in the United States. In 
prosecuting the global war against terror, we must demand that our 
coalition partners confront hate in their own societies and in their 
regions.
  I commend our distinguished colleague and friend from California, 
Congresswoman Lynn Woolsey, for focusing our attention on this 
important day and on this issue. I also want to commend our 
distinguished colleague, Congressman John Conyers of Michigan, for 
introducing the bipartisan Local Law Enforcement Hate Crimes Prevention 
Act, which would give local law enforcement the tools and resources 
needed to prevent and prosecute hate crimes. I urge all Members of this 
House to support this legislation.

[[Page 3879]]



                          ____________________




 INTRODUCTION OF A BILL TO ``END THE DOUBLE STANDARD FOR STOCK OPTIONS 
                                 ACT''

                                 ______
                                 

                        HON. FORTNEY PETE STARK

                             of california

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. STARK. Mr. Speaker, I rise to introduce legislation to plug a 
corporate tax loophole that allows companies to hide stock option 
expenses from their Securities and Exchange Commission (SEC) earnings 
reports, but allows those same companies to take the deduction on their 
Internal Revenue Service (IRS) tax filings. My bill would force 
companies to report the stock option expense on their financial 
earnings records if they want to continue to take the deduction on 
their income tax filing. I'm pleased to be joined by Reps. Barney Frank 
and Lynn Rivers in introducing this important bill. Senators Levin and 
McCain have introduced companion legislation in the Senate.
  Under current law, companies can deduct stock option expenses from 
their income taxes as a cost of doing business, just like employee 
wages. However, companies are not required to report these business 
expenses on their SEC financial statement to stockholders. The 
Financial Accounting Standards Board (FASB), the self-regulated 
accounting board with SEC reporting oversight, recommends that 
companies record stock options as an expense on their financial 
earnings statement, but does not require that stock options be treated 
as an earnings expense. In fact, stock options are the only form of 
compensation not treated as an earnings expense at any time. Nearly all 
companies relegate their stock option expenses to a footnote in their 
SEC report, yet these expenses are not reflected in their bottom line 
earnings. Among the S&P 500 companies, only Boeing and Winn-Dixie 
follow the advice of FASB and actually record the cost of options on 
both the tax and earnings ledger.
  Right now, companies can replace wage compensation with stock option 
compensation without having to show reduced earnings on their financial 
statements. This loophole misleads investors, financial analysts, and 
workers who have their pension funds tied up in companies that offer 
stock options. Since companies costs are not reported on the financial 
earnings statement, companies' earnings appear greater than actual 
earnings should reflect.
  Let's take the case of Enron as an example of how misleading this 
loophole can be. According to a study by Citizens for Tax Justice, from 
1996-2000, Enron took a $600 million tax deduction for stock options. 
Over that same five-year period, Enron showed $1.8 billion in earnings. 
However, this earnings figure did not completely reflect Enron's true 
earnings. As we know, Enron used a number of accounting gimmicks to 
artificially inflate their earnings report, one of which was the 
decision to list all stock option compensation as a footnote in its 
earnings report and then exclude this compensation from its total 
expenses. Had Enron accurately recorded its stock option compensation 
it would have had to report a decrease in earnings by one-third! 
Furthermore, had Enron been required to report that one-third of its 
earnings were attributed to stock options, then employees and 
stockholders could have seen that company profits weren't based on real 
growth. According to an analyst with Bear Stearns, the earning reported 
by firms in the S&P 500 would have been 9 percent lower in 2000 if 
stock options were treated as an expense.
  As Enron leaders clearly realized, company executives can prosper by 
means other than simply building a great company. Executives can often 
increase their personal wealth by creating unrealistic expectations of 
their company from Wall Street, rather than the old fashioned way of 
consistently delivering impressive growth. Consider the following two 
hypothetical companies. One company has a stock price that has 
appreciated slowly. It started at $20 and gained $2 each year for five 
years, raising its price to $30 today. The second company's stock also 
started at $20 five years ago, then zoomed to $100 after a few years 
but has since fallen back to $20. By any reasonable measure, the 
leaders of the first company have done a better job at growing a solid 
company, worthy of its stock price. Their share price has grown 50 
percent, and they have avoided making grandiose predictions that cause 
Wall Street analysts to set silly targets. The second company's stock 
has under-performed over the long run, and scores of workers and 
investors have been burned by false hopes.
  If the top executives of both hypothetical companies had received 
similar amounts of stock and both sold their shares on a regular 
schedule, the executives of the second company would have earned more. 
These executives would have made so much money selling the stock when 
it was trading near $100 that they would become instant 
multimillionaires, despite the stock's ensuing, rapid decline. Thus, 
the practice of failing to report stock options on earnings reports 
could actually encourage executives to take stock options as a form of 
compensation. That way, they can earn millions of dollars, claim it as 
a tax deduction, and then hide it from investors. My bill corrects this 
perverse incentive and seeks to discourage reckless executive behavior. 
My bill also gives companies an incentive to report their stock option 
expenses in order to continue to take the tax deduction.
  If stock options are a cost of doing business for tax purposes, then 
they should be a cost of doing business for earnings purposes. But 
don't just take my word for it. In a March 7th Senate Banking Committee 
hearing, Alan Greenspan, Chairman of the Federal Reserve Board 
testified:
  ``The truth of the matter is that if you do not expense the granting 
stock options or their realization in the income statement, as, 
indeed,, we are required in our tax forms, then you will get a pre-tax 
income which is higher than one can argue you really had . . . Is 
income being properly recorded? And I would submit to you the answer is 
no.''
  Arthur Leavitt, former Secretary of the Securities and Exchange 
Commission, favors reporting publicly held stock options on SEC 
earnings reports. He told NPR:
  ``. . . If we decide to account for public stock options in a way 
that I think is in the public interest, I do not believe for a moment 
it would be the end of capitalism, nor do I believe it will have a 
significant negative impact on America's corporations.''
  Deloitte & Touche, one of the nation's premier accounting firms, as 
well as Arthur Anderson, Enron's disgraced accountant, both say options 
should be charged to a company's income statement. Many Wall Street 
analysts agree. Eighty-three percent of U.S. financial analysts who 
responded to a survey by the Association for Investment Management 
Research (AIMR) also support listing stock options in the financial 
income statement.
  The evidence is clear: this loophole should be closed. My bill to 
``End the Double Standard for Stock Options'' is a much-needed fix to 
help prevent companies from misrepresenting their financial status to 
stockholders and employees. I urge my colleagues from both sides of the 
aisle to cosponsor this important bill and to support its enactment 
this year.

                          ____________________




                          PERSONAL EXPLANATION

                                 ______
                                 

                         HON. THOMAS M. BARRETT

                              of wisconsin

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. BARRETT of Wisconsin. Mr. Speaker, because I remained in 
Milwaukee last week to undergo hernia surgery (for which I was granted 
an official leave by the House), I was unable to vote on rollcall Nos. 
53 through 64. Had I been present, I would have voted: ``aye'' on 
rollcall No. 53; ``aye'' on rollcall No. 54; ``no'' on rollcall No. 55; 
``aye'' on rollcall No. 56; ``aye'' on rollcall No. 57; ``aye'' on 
rollcall No. 58; ``aye'' on rollcall No. 59; ``aye'' on rollcall No. 
60; ``aye'' on rollcall No. 61; ``no'' on rollcall No. 62; ``aye'' on 
rollcall No. 63; and ``aye'' on rollcall No. 64.

                          ____________________




        RECOGNITION OF JACOB LICHT OF WEST HARTFORD, CONNECTICUT

                                 ______
                                 

                          HON. JOHN B. LARSON

                             of connecticut

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. LARSON of Connecticut. Mr. Speaker, I rise today to commend and 
recognize the achievements of a remarkable young man, Jacob Licht of 
West Hartford, CT. Jacob, a student at William Hall High School in West 
Hartford, CT, won second prize and a $75,000 scholarship in the 61st 
Intel Science Talent Search competition in Washington, DC on March 11, 
2002.
  Jacob, a 17-year-old senior, was awarded second place based on his 
extraordinary work in developing a new mathematical theory based on the 
Ramsey Theory of disorder. His work manages to reinvent this theory by 
looking for pockets of complete disorder in sets of numbers that appear 
organized. Math experts have described Jacob's research as profound and 
groundbreaking. As a reward for his research, Jacob was granted an 
audience with President Bush and an asteroid will be named after him.

[[Page 3880]]

  Yet despite all of Jacob's success and fame, he is still a modest and 
unassuming young man. At Hall, Jacob is not only the captain of the 
math team, but a volunteer math tutor as well. He is an avid sports 
enthusiast and loves to impersonate Elvis Presley, often entering and 
winning local talent competitions.
  Mr. Speaker, Jacob Licht is to be applauded for his dedication, his 
intellect, and his humility. The Intel Talent Search competition has 
identified a gifted young man with the potential to change the world. 
Jacob, who has already been accepted to both the Massachusetts 
Institute of Technology and the California Institute of Technology, is 
clearly an exceptional and wonderful person and we applaud his 
achievements.

                          ____________________




           GIRL SCOUTS OF THE USA CELEBRATES 90TH ANNIVERSARY

                                 ______
                                 

                          HON. THOMAS H. ALLEN

                                of maine

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. ALLEN. Mr. Speaker, this month marks the beginning of the 
celebration of Girl Scouting's 90th anniversary. During this time, more 
than 50 million girls have participated in this wonderful program.
  One of those who benefited from years as a Brownie and Girl Scout was 
my wife, Diana. She recalls with great fondness the happy times she 
spent in troop meetings making crafts and other projects and the weeks 
in summer camp where she met counselors from all over the country.
  Girl Scouts of the USA has kept up with the changing and expanding 
challenges facing girls today. At each level of Girl Scouts, girls have 
the opportunity to embrace traditions and learn about the changing 
world. The program challenges girls to develop into healthy women 
strengthened by strong values, a social conscience and belief in their 
own self-worth.
  In my District, girls participate in programs overseen by the Girl 
Scouts of Kennebec Council. The jurisdiction of this Council is very 
large, encompassing one-third of the State of Maine and two-thirds of 
the population. The Council serves a highly diverse population--girls 
living in cities, small towns, and in isolated coastal areas and 
islands. Girl Scouting successfully meets the needs of all kinds of 
girls.
  Girl Scouting succeeds because of its volunteers, who serve as troop 
leaders, trainers, cookie supervisors, trainers, and a host of other 
positions. Their generosity and dedication has kept Girl Scouting 
strong and relevant. Thanks to them, Girl Scouts of the USA will 
continue to help girls grow into productive citizens.

                          ____________________




                         GREEK INDEPENDENCE DAY

                                 ______
                                 

                               speech of

                           HON. NITA M. LOWEY

                              of new york

                    in the house of representatives

                        Tuesday, March 19, 2002

  Mrs. LOWEY. Madam Speaker, I am honored to rise today to commemorate 
the 181st anniversary of Greece's independence from the Ottoman Empire, 
and to celebrate the shared democratic traditions of Greece and the 
United States.
  On March 25, 1821, Greece declared its independence, ending nearly 
400 years of domination by the Ottoman Empire and restoring a 
democratic heritage to the very cradle of democracy.
  Throughout our history, the people of the United States and Greece 
have forged a strong friendship built upon the foundation of shared 
values of democracy and freedom. Our Founding Fathers established this 
nation based on the teachings of ancient Greek philosophers and their 
struggle to build a democratic society. And, in turn, the American 
experience inspired the Greek people in their struggle for independence 
181 years ago.
  Our shared democratic ideals have formed the basis of a strong and 
sustained friendship between Greece and the United States, and today, 
Greece remains one of our most important allies and trusted partners in 
the global community.
  Nowhere is this more evident today than in the war against terrorism. 
Greece is an important member of the international coalition fighting 
this war. U.S. aircraft have made use of Greek airspace and airbases, 
Greek aircrews serve in NATO surveillance planes, and Greece has been a 
key partner in multilateral relief efforts for Afghanistan and Afghan 
refugees.
  The United States has also benefited greatly from the contributions 
of Greek-Americans to shaping our society and building our cultural 
heritage. I am proud to represent a district in New York with a strong 
and active Greek-American community.
  I am delighted to join my colleagues in commemoration of Greek 
Independence Day, and in celebration of the many contributions of 
Greece and Greek-Americans to the United States and the world.

                          ____________________




A TRIBUTE TO MS. NANCY STONE, 27TH CONGRESSIONAL DISTRICT WOMAN OF THE 
                               YEAR--2002

                                 ______
                                 

                          HON. ADAM B. SCHIFF

                             of california

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. SCHIFF. Mr. Speaker, I rise today to honor Women's History Month. 
Each year, we pay special tribute to the contributions and sacrifices 
made by our nation's most notable women during the month of March and 
it is my honor to not only recognize women of the past but to also 
recognize women who are making a difference in my community. While a 
month of remembrance is certainly not sufficient, I am honored today to 
pay homage to such women as Eleanor Roosevelt, Sandra Day O'Connor, 
Harriet Tubman, Sally Ride and all the women of my Congressional 
District, whose contributions have made a profound difference in the 
face and fabric of our nation.
  I am truly honored to pay special recognition to an outstanding woman 
of California's 27th Congressional District, Ms. Nancy Stone. For over 
15 years, Nancy has brought an abounding spirit and energy to her 
service in the foothills communities. Those fortunate enough to meet 
and work with Nancy instantly recognize her enthusiasm and passion for 
helping others.
  A graduate of the University of California, Los Angeles with a 
Bachelor of Arts degree in History, Nancy currently works part time at 
Salomon Smith Barney in Glendale, California. She has been married to 
Chip Stone for 19 years and is the proud mother of Sarah and Rob.
  Her dedication to her children has manifested itself in the groups 
and organizations which she leads and supports. She has served as the 
President of the Mountain Avenue Elementary School PTA and as the Vice 
President of the Rosemont Middle School PTA. Noted for her involvement 
with Seeds of Peace, an organization she helped to create to actively 
nurture a caring and accepting community, Nancy has dedicated herself 
to working for a more peaceful neighborhood environment in which to 
live and raise our families.
  Her outstanding work with the community's young people truly sets her 
apart as someone who is keenly aware that our future lies with our 
children and in recognizing that, she has introduced innovative program 
ideas to help enrich the lives of all young people. She created the 
Community Service Learning Project in order to extol the values of 
unselfishness and community caring. Today the project has 600 students 
who dedicate approximately 10,000 volunteer hours to the community each 
year. Currently, she is the driving force behind efforts to open an 
after school teen center for the high school students of my district.
  For her efforts, the community has recognized her for selflessness 
and unsurpassed giving. In 2001 she was named the Glendale Youth 
Coalition's Woman of the Year and in the same year was named as one of 
the Glendale News Press's 103 Most Influential People. The Crescenta 
Valley Chamber of Commerce named her their Woman of the Year in 1995.
  I ask all Members of Congress to join me today in honoring an 
outstanding and extraordinary woman of California's 27th Congressional 
District, Ms. Nancy Stone. The entire community joins me in thanking 
Nancy for her continued efforts to make the 27th Congressional District 
a more selfless, peaceful and accepting place to live.

                          ____________________




                         IN SUPPORT OF S. 1857

                                 ______
                                 

                             HON. TOM UDALL

                             of new mexico

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. UDALL of New Mexico. Mr. Speaker, I rise today to express my 
support for S. 1857, Encourage the Negotiated Settlement of Tribal 
Claims bill.
  I would like to begin by commending my friend and Co-Chair of the 
Native American Caucus, Representative Kildee for introducing the 
companion bill H.R. 3851 and my friend Nick Rahall, our ranking member 
of the Resources Committee for his dedication and work on this issue.

[[Page 3881]]

  Through treaties, statutes and executive orders American Indians and 
Alaskan Natives (Al/AN) have entered into a trust relationship with the 
federal government. As part of this relationship Al/AN agreed to 
entrust the federal government with their resources such as land, 
natural resources, enterprises, judgement awards and investment income. 
Under the Department of the Interior, the Bureau of Indian Affairs 
(BIA) has been given the authority by the federal government to manage 
Indian resources and other assets.
  Unfortunately, the BIA has not honored this trust relationship. 
Instead, they have managed to ``mismanage'' the trust accounts of 315 
Indian tribes with over 1,400 accounts worth over $2.6 billion for many 
years.
  S. 1857 will expand the current statute of limitations until 2005 
allowing Indian tribes to postpone filing claims against the U.S. 
relating to the management of their trust fund accounts. It will enable 
the trust account holders the time necessary to identify where their 
money is going. This legislation will hold the BIA accountable for 
their mismanagement and squandering of Indian people's money. This past 
December my constituents of the Navajo Nation, Jicarilla Apache and 
Pueblos (over 40,000 people) did not receive their royalty checks, 
money they greatly depend on for rent, clothing, food and other basic 
necessities.
  Today, the Congress has the opportunity to honor and enforce its 
trust responsibility to Al/AN people. I fully support S. 1857 and 
encourage my fellow colleagues to do the same. We must make the BIA 
accountable for their actions.

                          ____________________




                     TRIBUTE TO FRANCES T. BANERJEE

                                 ______
                                 

                       HON. LUCILLE ROYBAL-ALLARD

                             of california

                    in the house of representatives

                       Wednesday, March 20, 2002

  Ms. ROYBAL-ALLARD. Mr. Speaker, I rise to commend Frances T. 
(Frankee) Banerjee on twenty-five years of distinguished service to the 
City of Los Angeles. A very accomplished woman, Ms. Banerjee retires as 
the General Manager of the City of Los Angeles Department of 
Transportation.
  Ms. Banerjee has had a successful career working in many facets of 
transportation, including: Research Associate in the Urban 
Transportation Systems Laboratory at MIT, Strategic Planning Manager 
for the Southern California Association of Governments (SCAG), and 
consultant for the United States Department of Transportation.
  Since joining the City, Ms. Banerjee has served in a variety of 
capacities. She began as Planning Manager for the Los Angeles Community 
Redevelopment Agency, where she oversaw the Los Angeles Downtown People 
Mover Program. She then served as the Transportation Manager for the 
Community Redevelopment Agency before becoming the Assistant Chief 
Legislative Analyst in 1988.
  Frankee Banerjee joined the City of Los Angeles Department of 
Transportation in 1994. Because of her excellent record in 
transportation, she was appointed by Mayor Richard Riordan as the first 
woman ever to hold the position of General Manager. She had the task of 
overseeing approximately 2,000 employees, as well as directing the 
activities of the Offices of Transportation Programs, Operations, 
Parking Management, and the Office of Organizational Support. The 
Office is responsible for design and development of all new projects, 
field and systems operations of the City's traffic signal system, 
transportation review of all new development, operation of the commuter 
express and community transit serving 26 City areas, management of 
parking programs, intersection control, and school crossing guard 
services. Under her management, the Department of Transportation has 
received national recognition for programs showcasing the development 
and deployment of advanced technologies, environmental achievements, 
and sensitive streetscape design.
  In addition to her work with the City, Ms. Banerjee has been actively 
involved with numerous professional associations and has received 
numerous awards. Such awards include being named ``Employer of the Year 
2001'' by the Women's Transportation Seminar and ``Affiliate 
Businesswoman of the Year 2000'' by the National Association of 
Business Owners.
  Mr. Speaker, I would like to join Frankee Banerjee's family and 
friends in congratulating her on her retirement. I thank her for her 
exemplary performance, and her distinguished and dedicated service to 
the people of the City of Los Angeles. I wish her well in her future 
endeavors.

                          ____________________




                 COMMENDING PENTAGON RENOVATION PROGRAM

                                 ______
                                 

                               speech of

                         HON. ALCEE L. HASTINGS

                               of florida

                    in the house of representatives

                        Tuesday, March 19, 2002

  Mr. HASTINGS of Florida. Mr. Speaker, I rise today to join with my 
colleagues in commending the great work that the Pentagon Renovation 
Program and its contractors have completed so far.
  The renovation effort, also known as the Phoenix Project, is slated 
to be complete on September 11, 2002--exactly one year after the 
despicable act of terror. I am proud to acknowledge that the Phoenix 
Project is running 6 weeks ahead of schedule.
  The dedication of the government employees and independent 
contractors once again shows the resolve that this nation has always 
shown in times of adversity. In fact, initially the workers toiled 
around the clock to continue this extraordinary effort. They have even 
put up a digital clock at the site, counting down the days to September 
11, 2002, to remind them of the victims who perished, with the 
intentions of finishing the reconstruction on September 11, 2002.
  Mr. Speaker, after the terrorist attacks on September 11 on the 
Pentagon, 400,000 square feet of demolition work had to be carried out 
before the reconstruction efforts could begin. This process was 
expected to take 4 to 7 months, but was finished in just one month. 
Also, out of about 4600 displaced employees, 1500 have already returned 
to their old office spaces.
  The speed, resiliency, and efficiency with which this project has 
been carried out is a reminder of the determination that our nation 
has, the determination that was first seen on the United and American 
flights, and continues to be seen in the efforts of these workers.
  Mr. Speaker, before September 11, these workers were working about 5 
days per week to renovate the Pentagon, but after the attack, they have 
put aside their own fears and returned for even longer work days. A lot 
of these workers lost their loved ones in these terror attacks, yet 
they have endured through their personal grief to offer some solace to 
the rest of the nation.
  This reconstruction effort is more than just the rebuilding of the 
old Pentagon building. Additional security concerns are being addressed 
including updated ventilation system to guard against nuclear, 
biological or chemical attacks. The work continues around the clock. 
This is a testament to the selfless dedication that these unsung heroes 
have shown for the past six months.
  Mr. Speaker, the workers involved with the Phoenix Project have aptly 
adopted the words once uttered by Todd Beamer as their motto. The sign 
reading ``Let's Roll'' now sits above the digital clock constantly 
reminding them and all of us of all the challenges that lie ahead and 
all the challenges that we have already overcome. I would like to 
assure everyone involved with this renovation project that we are 
behind them every step of the way in this monumental task that they 
have taken on with such grace.

                          ____________________




 A TRIBUTE TO DENISE NELSON NASH, 27TH CONGRESSIONAL DISTRICT WOMAN OF 
                             THE YEAR--2002

                                 ______
                                 

                          HON. ADAM B. SCHIFF

                             of california

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. SCHIFF. Mr. Speaker, I rise today to honor Women's History Month. 
Each year, we pay special tribute to the contributions and sacrifices 
made by our nation's most notable women during the month of March and 
it is my honor to not only recognize women of the past but to also 
recognize women who are making a difference in my community. While a 
month of remembrance is certainly not sufficient, I am honored today to 
pay homage to such women as Eleanor Roosevelt, Sandra Day O'Connor, 
Harriet Tubman, Sally Ride and all the women of my Congressional 
District, whose contributions have made a profound difference in the 
face and fabric of our nation.
  I stand today, to recognize an outstanding woman of California's 27th 
Congressional District, Ms. Denise Nelson Nash. Ms. Nash's passion for 
community and especially the arts has made the City of Pasadena and 
surrounding areas, a more rich and vital environment in which to live.

[[Page 3882]]

  Ms. Nash is a graduate of Scripps College and earned her Masters of 
Fine Arts from the University of Michigan. She began her professional 
career as a professor and has since taught at Delta College, Illinois 
Wesleyan University, and Borough Manhattan Community College. Noted for 
her passion and ability as a teacher, she was invited to be director of 
the contemporary dance program at the Instituto de Danza in Caracas, 
Venezuela.
  A strong advocate of the arts and especially arts education, Ms. Nash 
was the director of the Plaza de la Raza School of Performing and 
Visual Arts in East Los Angeles and in 1985 founded Bottom Line Dance 
Collective, a nonprofit organization providing creative opportunities 
for young people throughout the Los Angeles area.
  For six years, Denise served as the Director of the Arts for the City 
of Pasadena. In this capacity she provided leadership for the Public 
Art Program, arts education programs in the city's schools, community 
arts programs, and special projects including the Pasadena Emmy 
Celebration and HBO Pictures Production ``The Tuskegee Airmen.'' 
Currently, Denise serves as the Director of the Office of Public Events 
for the California Institute of Technology (Caltech).
  Throughout her career, Denise has focused on using her position to 
enhance opportunities for others. As an advocate of the arts and 
community events, she has opened a realm of possibilities to young and 
old alike and has created an environment in which art is appreciated, 
respected and loved.
  I ask all Members of Congress to join me today in honoring an 
outstanding and extraordinary woman of California's 27th Congressional 
District, Ms. Denise Nelson Nash. The entire community joins me in 
thanking Denise for her continued efforts to make the 27th 
Congressional District a more vibrant and enjoyable place to live.

                          ____________________




                           AIRMAN CUNNINGHAM

                                 ______
                                 

                             HON. TOM UDALL

                             of new mexico

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. UDALL of New Mexico. Mr. Speaker, I rise today to pay tribute to 
pararescueman Jason Cunningham--one of America and New Mexico's true 
heroes.
  Jason was one of our six brave soldiers killed during a shoot-out in 
the mountainous Gardez area of Afghanistan on Monday, March 4th. Jason 
participated in the insertion of Special Forces in the area when the 
helicopter he was a passenger in was brought down by machine-gun fire 
and a rocket propelled grenade. Jason and his six crewmembers were 
trying to rescue a Navy SEAL who had fallen out of the helicopter.
  Jason grew up in New Mexico, spending most of his childhood in the 
southern part of the state, but he attended high school in Farmington 
and his parents currently reside in my district in Gallup, New Mexico.
  Following graduation, Jason joined the Navy, finished his four years, 
and re-entered the armed forces, this time joining the Air Force and 
attending Pararescue School, from which he graduated in June of 2001.
  It was in February of this year that Jason was sent to Afghanistan to 
join the front lines in the war against terror and left behind his 
loved ones for the call of duty.
  Last week, Jason received a deserved heroes burial in Arlington 
National Cemetery where he took his place among the men and women who 
have, like Jason, courageously answered their country's call.
  Douglas MacArthur once said, ``the soldier above all people, prays 
for peace for he or she must suffer and bear the deepest wounds and 
scars of war.'' However, I am sure that Jason's family, and the 
families of the other brave men and women who have died in service to 
their country also deeply feel the scars of war. Let us keep all the 
families with sons and daughters on the front lines in the war against 
terror in our thoughts and prayers.

                          ____________________




                        TRIBUTE TO SUSAN FLORES

                                 ______
                                 

                       HON. LUCILLE ROYBAL-ALLARD

                             of california

                    in the house of representatives

                       Wednesday, March 20, 2002

  Ms. ROYBAL-ALLARD. Mr. Speaker, it is an honor for me to recognize 
and congratulate Susan Flores on her 33 years of exceptional service to 
the City of Los Angeles. She has made significant contributions to the 
City government throughout her career, and I wish her the best in her 
retirement.
  Ms. Flores entered her public service career in 1968 with the 
Concentrated Employment Program, where she directed the delivery of 
intense education, training and employment services to disadvantaged 
youth and adults in East Los Angeles.
  Her dedication and hard work then led her to work with the City of 
Los Angeles' Community Development Department, where she was directly 
involved with planning and implementing programs funded through federal 
grants from the U.S. Departments of Housing and Urban Development and 
Health and Human Services. From 1982 to 1989, while serving as the 
Director of Human Services and Neighborhood Development Division, Ms. 
Flores ably administered the City Human Services Delivery System that 
provided services to the City's neediest residents. Her work addressed 
a variety of needs, such as childcare, legal aid, food and nutrition, 
homelessness and AIDS.
  From 1989 to 1999, Ms. Flores was Director of the Department's 
Workforce Development Division, which had one hundred full-time staff 
and a $130 million grant from the U.S. Department of Labor to carry out 
the Job Training Partnership Act, Welfare-to-Work, and the Summer Youth 
Employment Training Programs.
  Since 1999, Susan Flores has served as the Assistant General Manager 
of the Community Development Department of the City of Los Angeles. She 
has been responsible for managing the City's federal grants that fund 
the Human Service, Economic Development and Workforce Development 
Programs. Through her work, she has been able to serve all the resident 
of Los Angeles by helping neighborhoods, businesses, families, adults, 
youth, job seekers and those in need.
  I am sure that Ms. Flores is looking forward to spending more time 
with her husband, John, and their family. I would like to thank her for 
her service to the residents of the City of Los Angeles, and wish her 
the best in all of her future endeavors.

                          ____________________




                      2002 GUAM SOCIAL WORK MONTH

                                 ______
                                 

                        HON. ROBERT A. UNDERWOOD

                                of guam

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. UNDERWOOD. Mr. Speaker, on the island of Guam, the month of March 
is designated as ``Social Work Month.'' For over twenty-two years, the 
Guam Association of Social Workers (GASW) has sponsored training 
conferences for human service workers of the region. This year's theme, 
``Collaboration: Meeting our Social Challenges through Partnerships,'' 
gives participants the opportunity to acquire and share knowledge and 
skills in collaborative efforts. It has been recognized that current 
social problems could be overcome only through partnerships and 
cooperation between the government, private nonprofit organizations, 
community groups and the business community.
  The highlight of ``Social Work Month'' is an awards dinner where 
awards for Community Service and the Social Worker of the Year was 
presented. This year's Community Service Award was presented to the 
Guam Housing and Urban Renewal Authority (GHURA). The University of 
Guam's Dr. Gerhard J. Schwab was chosen to receive the prestigious 
Social Worker of the Year Award.
  The Guam Housing and Urban Renewal Authority administers grants and 
programs involving community planning and development, housing 
services, fair housing and equal opportunity. This agency has been 
instrumental in the revitalization of neighborhoods, the management and 
distribution of affordable housing, the expansion of economic 
opportunities, and the improvement of community facilities and services 
as well as emergency homeless shelters. Their programs and projects 
assist homeless people, the youth, the elderly as well as low and 
moderate income families. GHURA's efforts definitely complements this 
year's theme.
  Dr. Schwab initially entered the field of social work in his native 
Austria working under the auspices of Caritas, an international 
Catholic Social services organization. His involvement with this group 
brought him, at one time, to the highlands of Papua, New Guinea where 
he worked with gang leaders and helped to create diversion programs for 
children confined in adult prisons. He commenced work on Guam in 1987, 
under the auspices of the Catholic Church as the Director of Youth 
Ministry. In 1998, the University of Michigan conferred upon him a 
joint Ph.D. in Social Work and Psychology. His doctoral dissertation 
was entitled, ``Ethnicities and Masculinities in the Making: A 
Challenge for Social Work in Guam.'' For the past three years, Dr. 
Schwab

[[Page 3883]]

has chaired the Division of Social Work within the University of Guam's 
College of Nursing and Health Sciences. Through the years, he has made 
numerous contributions to the university, the social work community and 
the island of Guam.
  Also deserving recognition are ``Project Beacon'' of the Pacific 
Daily News, a project spearheaded by Guam's daily newspaper working 
towards addressing the local problem of teen suicide, and ``Stand,'' a 
local welfare advocacy group--which were nominated this year for the 
Community Service Award. Jesse Sablan Catahay, Lisa Natividad, Yvonne 
Paulino and Patricia Stracener also deserve commendation for their 
contributions which earned them nominations for the Social Worker of 
the Year Awards.
  It is worthy to note that this year marks the end of an era which 
signals a new beginning. The GASW has decided to dissolve and transfer 
its assets to the Guam Chapter of the National Association of Social 
Workers (NASW). Having been instrumental in bringing the NASW to Guam, 
the activities and ideals promoted by GASW over the years will continue 
to be fostered and preserved. This merger allows the Guam community 
access to the resources of the national association as well a voice in 
the formulation of NASW approaches to national social policies. I am 
sure that the people of Guam will reap the benefits in the years to 
come.
  Once again, I congratulate this year's awardees, nominees, the Guam 
Association of Social Workers (GASW), and the Guam Chapter of the 
National Association of Social Workers (NASW). The people of Guam 
appreciate their good work.

                          ____________________




A TRIBUTE TO MARY ALICE O'CONNOR, 27TH CONGRESSIONAL DISTRICT WOMAN OF 
                             THE YEAR--2002

                                 ______
                                 

                          HON. ADAM B. SCHIFF

                             of california

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. SCHIFF. Mr. Speaker, I rise today to honor Women's History Month. 
Each year, we pay special tribute to the contributions and sacrifices 
made by our nation's most notable women during the month of March and 
it is my honor to not only recognize women of the past but to also 
recognize women who are making a difference in my community. While a 
month of remembrance is certainly not sufficient, I am honored today to 
pay homage to such women as Eleanor Roosevelt, Sandra Day O'Connor, 
Harriet Tubman, Sally Ride and all the women of my Congressional 
District, whose contributions have made a profound difference in the 
face and fabric of our nation.
  It is a special honor for me to recognize Ms. Mary Alice O'Connor for 
her outstanding contributions to California's 27th Congressional 
District. Mary Alice has generously contributed over 50 years of 
volunteer service to the Southern California community and residents of 
Burbank, California are especially appreciate of her efforts on behalf 
of the community.
  Mary Alice has lived in Burbank for 58 years, moving from Berkeley in 
1944. She and her husband Ken raised two children, John and Joan 
Patricia. Mary Alice is the proud grandmother of three granddaughters, 
Christy, Kendall, and Paige.
  Mary Alice has always been a strong supporter of the community. Ever 
since World War II when Mary Alice and a number of volunteers wrapped 
Christmas presents for American troops, she has dedicated herself to 
improving the lives of others. Since then she has been involved with 
the Boy Scouts and Girl Scouts, has served on the Board of Directors of 
the Burbank Health Care Foundation, and she currently serves as the 
Fundraising Committee Chairman for the Providence Saint Joseph Medical 
Center Capital Campaign.
  Mary Alice is most noted for her dedication to the community's 
students and especially ensuring that all students are exposed to the 
arts. Over the years, she has served on numerous PTA boards and served 
as an elected official on the Burbank Board of Education. In promoting 
arts education Mary Alice worked hard to reopen the Starlight Bowl for 
a summer music series and she served as the first chairman of The 
Children's Open House at the Bowl, which introduced thousands of 
children each year to the joys of music, dance, poetry and theater at 
the Hollywood Bowl.
  For her efforts, Mary Alice has been has received The National 
Volunteer Center Beautiful Activist Award and in 1998 received the 
Older American Recognition Award. In 1999 the Kiwanis Club of Burbank 
honored her at their Annual Gala.
  I ask all Members of Congress to join me today in honoring an 
outstanding and extraordinary woman of California's 27th Congressional 
District, Ms. Mary Alice O'Connor. The entire community joins me in 
thanking Mary Alice for her continued efforts to make the 27th 
Congressional District a community committed to our children.

                          ____________________




  FURTHER EXPLANATION OF RESERVE FUND FOR MEDICARE MODERNIZATION AND 
                           PRESCRIPTION DRUGS

                                 ______
                                 

                            HON. JIM NUSSLE

                                of iowa

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. NUSSLE. The Fiscal Year 2003 Budget Resolution Section-By-Section 
Report language (Report 107-376) which further explains Section 202(b) 
of H. Con. Res. 353 (i.e., the application of the reserve fund for 
Medicare modernization and prescription drugs) is meant only as an 
illustrative example.

                          ____________________




                    LEASE LOT CONVEYANCE ACT OF 2002

                                 ______
                                 

                               speech of

                             HON. TOM UDALL

                             of new mexico

                    in the house of representatives

                        Tuesday, March 19, 2002

  Mr. UDALL of New Mexico. Mr. Speaker, I rise today in support of H.R. 
706, the Lease Lot Conveyance Act of 2002 introduced by my good friend 
Representative Joe Skeen.
  Let me begin by saying that the citizens of Sierra County, where this 
legislation is targeted, have been well represented by Chairman Skeen 
for the past 22 years. As a member of the House Resources Committee, it 
was a pleasure for me to support H.R. 706 during its committee process 
and a greater pleasure for me to support it today as the House prepares 
to vote on its passage.
  This legislation seeks to correct a situation that began on the 
Elephant Butte Reservoir in the 1930's. The Federal Government offered 
citizens the opportunity to build recreational homes on land leased 
from the U.S. Bureau of Reclamation. The covenants in the lease 
required leaseholders to make substantial investments on the four 
hundred sites released under the program. All leaseholders hoped that 
one day the government would privatize the land and offer it for sale. 
Because that has not occurred, this bill allows current leaseholders 
the opportunity to purchase the land.
  Mr. Charles Ward, President of the Elephant Butte/Caballo 
Leaseholders Association, who testified before the Resources Committee 
last year said, ``Our hold on the lease lots we call ``home'' is 
tenuous, at best. We are all acutely aware we can be removed at any 
time due to a clause in our lease agreement which states, if the 
government determines there is a greater need for these lots, they can 
give us a 60 day notice and we must return our lease lots to their 
original condition.''
  These homeowners deserve to know that their lease fees will not 
increase, and deserve to have the safety and security of a permanent 
home. As far as I am concerned, this is a critical economic development 
issue for the citizens of Sierra County in Congressman Skeen's 
district.
  Again, it is a pleasure to support this legislation. I look forward 
to working with Chairman Skeen, during this second session of the 107th 
Congress on mutual issues that are of benefit to the people of New 
Mexico.

                          ____________________




           INTRODUCTION OF VOTES FOR WOMEN HISTORY TRAIL ACT

                                 ______
                                 

                     HON. LOUISE McINTOSH SLAUGHTER

                              of new york

                    in the house of representatives

                       Wednesday, March 20, 2002

  Ms. SLAUGHTER. Mr. Speaker, I rise today to celebrate Women's History 
Month by introducing an important new bill: the Votes for Women History 
Trail Act.
  I have the great privilege to represent in Congress the City of 
Rochester, New York, and its suburbs--a region considered by many to be 
the cradle of the women's rights movement. Rochester was the proud home 
of Susan B. Anthony; her close friends and fellow suffragists, 
Elizabeth Cady Stanton and Lucretia Mott, lived nearby. Prominent civil 
rights activists like Frederick Douglass and Harriet Tubman, who also 
supported women's rights ardently, moved to the region and spent most 
of their adult lives there.
  In 1848, the First Women's Rights Convention was held in Seneca 
Falls, New York. Reflecting upon this remarkable event never fails

[[Page 3884]]

to inspire me. After only a week of planning and notice, over three 
hundred men and women from all over the region converged on Seneca 
Falls for the ``Woman's Rights Convention.'' This event heralded the 
beginning of a movement that would yield to women the right to vote 72 
years later, and signal an ongoing struggle for equity in the home, in 
the workplace, and before the law.
  Today, the site of the First Women's Rights Convention is the home of 
the Women's Rights National Historical Park, a respected unit of the 
National Park Service. Nearby are other important sites, such as the 
Hunt House, where the Declaration of Sentiments was drafted, and the 
M'Clintock House. Within an hour's drive, we find a host of other 
places important in women's history--the Harriet Tubman Home for the 
Aging in Auburn, the Matilda Joslyn Gage House in Fayetteville, and the 
Ontario County Courthouse in Canandaigua, where Susan B. Anthony was 
put on trial for the crime of voting.
  I am proud to introduce today legislation that would link all of 
these sites in a way that will benefit students, scholars, and visitors 
alike. The Votes for Women History Trail Act directs the National Park 
Service (NPS) to establish an auto route connecting these various 
sites. The trail would be established in accordance with the 
recommendations contained in an NPS feasibility report funded by 
Congress.
  This trail will allow tourists, educators, and others to connect the 
many sites and events critical to women's history and place them in 
context. It will also serve as a new tourist destination for the 
region, bolstering the flagging economy. Finally, it will give well-
deserved prominence to the importance of women's history for our region 
and our nation as a whole.
  I am proud to sponsor this new initiative, and I hope my colleagues 
will join me in supporting the Votes for Women History Trail Act. I 
look forward to working with the Resources Committee to ensure its 
timely consideration and passage.

                          ____________________




  A TRIBUTE TO MARY PINOLA, 27TH CONGRESSIONAL DISTRICT WOMAN OF THE 
                               YEAR--2002

                                 ______
                                 

                          HON. ADAM B. SCHIFF

                             of california

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. SCHIFF. Mr. Speaker, I rise today to honor Women's History Month. 
Each year, we pay special tribute to the contributions and sacrifices 
made by our nation's most notable women during the month of March and 
it is my honor to not only recognize women of the past but to also 
recognize women who are making a difference in my community. While a 
month of remembrance is certainly not sufficient, I am honored today to 
pay homage to such women as Eleanor Roosevelt, Sandra Day O'Connor, 
Harriet Tubman, Sally Ride and all the women of my Congressional 
District, whose contributions have made a profound difference in the 
face and fabric of our nation.
  It is my distinct honor to recognize the personal achievements of one 
of California's 27th Congressional District's most outstanding women. 
Mary Pinola has dedicated over 20 years of service to this community 
and it is an honor to recognize her for her continued efforts in 
support of so many worthwhile organizations and foundations.
  Mary received her Bachelor of Arts in Sociology from California State 
University, Long Beach and later received from the same university, a 
Master of Arts degree in Speech-Communication. She completed her 
education by receiving her Ph.D. in Education from the University of 
Southern California. Mary currently serves as the Director of 
Development for the AAF Rose Bowl Aquatics Center and has served as the 
Director of Community Relations for Verdugo Hills Hospital, as an 
Adjunct Lecturer at California State University, Long Beach and as a 
High School Speech and English Teacher at Arroyo High School in El 
Monte, California.
  Over the years, Mary has dedicated herself to founding and joining 
groups and organizations that truly make a positive and lasting impact 
on the community. Along with her husband Charles Kenny, she is a 
founding member of the La Canada Educational Foundation, a Member of 
the Board of Directors of the Roger Barkley Community Center, and has 
served as the chair of countless numbers of charitable fundraisers.
  More recently, Mary has been the driving force behind raising funds 
for the Mary Pinola/Crescenta Valley Chamber of Commerce Educational 
Endowment Fund. The Fund gives annual grants to educational programs 
throughout the Crescenta Valley. This year, the Fund grew to $66,000 
and has been invested in a Donor Advised Account with the Glendale 
Community Foundation to ensure a legacy of charitable gifts. She has 
also been instrumental in raising funds for the Outdoor Science 
Laboratory at La Canada Elementary School, which will be completed in 
the fall of 2002.
  I ask all Members of Congress to join me today in honoring an 
outstanding and extraordinary woman of California's 27th Congressional 
District, Ms. Mary Pinola. The entire community joins me in thanking 
Mary for her continued efforts to make the 27th Congressional District 
a place of extraordinary, selfless giving.

                          ____________________




                  IN HONOR OF DR. DONALD N. LANGENBERG

                                 ______
                                 

                          HON. STENY H. HOYER

                              of maryland

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. HOYER. Mr. Speaker, on April 30, Dr. Donald N. Langenberg, who 
has served as chancellor of the University System of Maryland for more 
than a decade, will retire after a lifetime of service to higher 
education.
  Dr. Langenberg has left a mark in academe as few others have. As 
chancellor of the University System of Maryland, he has overseen the 
emergence of a nationally recognized public university system, with 
top-ranked programs, unprecedented levels of state funding, and 
extraordinary increases in grants and contracts to conduct research. As 
the first chancellor of the University of Illinois at Chicago, he was 
instrumental in creating a campus now known for its quality and 
diversity. His leadership at the National Science Foundation, the 
University of Pennsylvania, the National Association of System Heads, 
and other academic groups has contributed to an era of extraordinary 
growth and vitality in American higher education.
  Mr. Speaker, as a founding member of Maryland's K-16 Partnership for 
Teaching and Learning, he led the state toward an education system that 
will provide students a seamless transition from preschool to the 
college years and beyond. His work as chair of the National Reading 
Panel helped disseminate groundbreaking research and bold 
recommendations about the bedrock of education: teaching children how 
to read.
  Dr. Langenberg has also contributed enormously to his academic field 
of physics, conducting research into experimental condensed matter 
physics and materials science. His earliest research was concerned with 
the electronic properties and Fermi surfaces of metals and degenerate 
semi-conductors. A major part of his research career was devoted to the 
study of super-conductivity, particularly the Josephson effects and 
non-equilibrium superconductivity. He is perhaps best known for his 
work on the determination of certain fundamental physical constants 
using the ac Josephson effect. A practical consequence of this work was 
the development of a radically new type of voltage standard that is now 
used around the world. One of the major publications resulting from 
this work is among the most frequently cited papers published by the 
Reviews of Modern Physics during the 1955-86 period, and has been 
dubbed a ``citation classic.'' The work has also been recognized by the 
award to Dr. Langenberg and his co-workers of the John Price Wetherill 
Medal of the Franklin Institute.
  Mr. Speaker, Dr. Langenberg is the author or co-author of over one 
hundred papers and articles, and has edited several books. In addition 
to serving as Deputy Director of the National Science Foundation from 
1980-1982, he has held predoctoral and postdoctoral fellowships from 
the National Science Foundation, the Alfred P. Sloan Foundation, and 
the John Simon Guggenheim Foundation. He has been a visiting professor 
or researcher at Oxford University, the Ecole Normale Superieure, the 
California Institute of Technology, and the Technische Universitat 
Munchen. In addition to the Wetherill Medal, he has been awarded the 
Distinguished Contribution to Research Administration Award of the 
Society of Research Administrators, the Distinguished Achievement 
Citation of the Iowa State University Alumni Association, and the 
Significant Sig Award of the Sigma Chi Fraternity.
  Dr. Langenberg has served as advisor or consultant to a variety of 
universities, industrial firms, and governmental agencies. He currently 
serves on the Board of Directors of the Alfred P. Sloan Foundation, is 
President of the National Association of System Heads (NASH), and is 
Chairman of the Board of Directors of The Education Trust, Inc. He is a 
member of the Business-Higher Education Forum, a partnership of the 
American Council on Education and the National Alliance of

[[Page 3885]]

Business intended to foster communication among national business and 
education leaders. He has been President and Chairman of the Board of 
the American Association for the Advancement of Science (AAAS), 
Chairman of the Board of the National Association of State Universities 
and Land-Grant Colleges (NASULGC), and President of the American 
Physical Society (APS). He also recently concluded ten years of service 
on the Board of Trustees of the University of Pennsylvania and is the 
immediate past Chairman of the Presidents' Council of the Association 
of Governing Boards of Universities and Colleges (AGB).
  Mr. Speaker, in addition to serving the larger public through his 
work on various boards, Dr. Langenberg has also served in quieter, 
though equally profound ways. Both through his example and through 
individual mentoring, he has helped develop key academic leaders for 
the University System of Maryland and for higher education in general. 
By serving as an advisor to people of talent and ability, Dr. 
Langenberg has helped many institutions find exceptional faculty, 
provosts, and presidents.
  Mr. Speaker, Dr. Langenberg's lifetime of achievement and service 
will be celebrated on April 20 at a special retirement gala that will 
raise endowment funds for the Langenberg Lecture and Award, two efforts 
to continue his vision of education as a life-long journey of the human 
mind. Mr. Speaker, I know the Members of the House join me in thanking 
Dr. Langenberg for nearly 50 years of service in higher education and I 
rise to congratulate him on his well-deserved retirement.

                          ____________________




                TRIBUTE TO COLONEL JEFFREY A. REMINGTON

                                 ______
                                 

                             HON. TOM UDALL

                             of new mexico

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. UDALL of New Mexico. Mr. Speaker, this is a sad month for the 
State of New Mexico and at the same time a wonderful gain for the 
Nation. Colonel Jeff Remington, commander of the 27th Fighter Wing at 
Cannon Air Force Base will be leaving on March 28. After an admirable 
tenure, he has been selected to command the 18th Wing, Pacific Air 
Forces at Kadena Air Base in Japan.
  While we are disappointed to see him go, we are very grateful for the 
contributions he made to Cannon and eastern New Mexico in general. 
Since arriving in May 2000, Colonel Remington, with steadfast personal 
commitment, led the base with pride and honor. He continually 
demonstrated outstanding leadership in every manner. All who have 
served for or with Colonel Remington have nothing but praise and the 
highest personal regard for him.
  He is a man of exemplary character, and the highest sense of personal 
honor. He epitomizes all that the concept of being involved in the 
United States Air Force represents.
  Colonel Remington made a special emphasis on positioning Cannon Air 
Force Base as a community partner with the surrounding counties. He 
made a point to participate in local events, let the public know about 
the base's contributions to national defense, and in essence, became a 
neighbor.
  He never hid the joy that he had in this particular assignment. 
Indeed, in an editorial he wrote for the Clovis News Journal, he wrote, 
``I have the best job in the Air Force at the best base in the Air 
Force.''
  I traveled to Cannon shortly after the events of September 11, to 
receive a briefing from Colonel Remington about the role that the base 
was playing in light of the attacks. During our meeting, he expressed 
his absolute confidence in the men and women who served under him at 
the base. It was most inspiring to see a leader who believed so much in 
the people he was guiding. I believe it is that type of leadership that 
has made him so admired and effective at Cannon.
  Of course his tenure at Cannon is only one of many assignments that 
he has had in an Air Force career that spans twenty-five years. After 
graduating in 1977 from the U.S. Air Force Academy, he earned his wings 
as a distinguished graduate of pilot training at Williams Air Force 
Base, Arizona. Colonel Remington flew F-16s in Europe where he filled 
numerous positions, He was also a pilot for the Thunderbirds. His 
previous command assignments include the 80th Fighter Squadron at 
Kunsan Air Force Base in Korea and the 366th Operations Group at 
Mountain Home Air Force Base in Idaho.
  Such a distinguished career has led to a number of awards and 
decorations including the Defense Superior Service Medal, the Legion of 
Merit, the Distinguished Flying Cross, and others.
  Cannon Air Force Base has benefited from having such an accomplished 
and disciplined commander at its helm for the past two years. I know 
that Colonel Remington will positively impact all of his future 
assignments. For myself, I look very forward to meeting and working 
with his successor, Colonel Robert Yates, who is leaving as commander 
of the 355th Operations Group at Davis-Monthan Air Force Base in 
Arizona.
  Mr. Speaker, the residents of eastern New Mexico will miss this 
extraordinary gentleman who served our New Mexico so well. I hope that 
someday, somewhere, Colonel Remington reflects on his time in the Land 
of Enchantment and remembers the difference he made in our community. I 
am proud that I had the opportunity to work with him, and I remain 
confident that his example will continue to live in the hearts and 
minds of his fellow officers.

                          ____________________




  THE LEGACY ACT: LIVING EQUITABLY, GRANDPARENTS AIDING CHILDREN AND 
                                 YOUTH

                                 ______
                                 

                        HON. MICHAEL E. CAPUANO

                            of massachusetts

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. CAPUANO. Mr. Speaker, I am pleased today to join my good friend 
Connie Morella in introducing important legislation to help address an 
issue in our nation that is only starting to receive national 
attention--grandparents raising their grandchildren.
  According to recent data from the Census Bureau, the number of 
intergenerational families increased more than fifty percent between 
1990 and 1998. It is estimated that more than 4 million children across 
America are being raised by their grandparents. Many of these children 
have parents who have passed away, are in prison, or are suffering from 
drug or alcohol addictions, while some have been taken out of abusive 
homes.
  These intergenerational families or ``Grandfamilies'' live in rural 
areas, inner cities and suburbs. They come from all races and 
ethnicities, and live in every state in the nation. Many of these 
grandparents survive on fixed incomes--social security, a small 
pension--and face not only the rising cost of prescription drugs, but 
also the cost of diapers, baby formula, toys, and school clothes.
  Unfortunately, our nation's housing policy has not kept up with the 
unique needs of these families. There is currently only one housing 
development in the entire country specifically designed for 
intergenerational families--the Grandfamilles House in Boston, 
Massachusetts. The House offers apartments with special features for 
both grandparents and children, including childproof kitchen cabinets 
and handicapped-accessible bathrooms. There are also activities for 
seniors and children, an outdoor playground and an on-site computer 
lab.
  I am introducing the LEGACY Act in response to the growing number of 
communities throughout the nation that have been working to build on 
the model of the Grandfamilles House in Boston. The title of the 
legislation was inspired by an Academy-Award nominated documentary film 
chronicling the life of a grandmother raising her grandchildren and 
their struggle to move out of a Chicago housing project.
  The legislation creates demonstration programs through both the 
Section 8 Housing Certificate Fund and the Section 202 Elderly Housing 
program. These demonstration projects will enable housing developers 
and advocacy groups additional flexibility in securing financing for 
this housing and providing ongoing services to intergenerational 
families.
  In addition, the LEGACY Act clarifies that grandparents raising their 
grandchildren are eligible for family unification assistance, allows 
access to fair housing funds for education and outreach efforts about 
the legal issues surrounding many of these families. It also directs 
the Department of Housing and Urban Development to provide specialized 
training for their employees focused on grandparent--and other 
relative-headed families. Many grandparents do not have access to the 
services they and their grandchildren need. These training and outreach 
efforts will help raise the awareness of the unique issues these 
families face each day.
  While this bill is a small step in recognizing the tremendous 
contributions of these grandparents, it is my hope that it will help 
bring this issue greater recognition. Affordable housing is only one of 
the many challenges these courageous grandparents face as they raise 
the next generation of Americans. Please Join me in supporting these 
families by supporting the LEGACY Act.

[[Page 3886]]



                          ____________________




 A TRIBUTE TO DR. RITA VORPERIAN, 27TH CONGRESSIONAL DISTRICT WOMAN OF 
                                THE YEAR

                                 ______
                                 

                          HON. ADAM B. SCHIFF

                             of california

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. SCHIFF. Mr. Speaker, I rise today to honor Women's History Month. 
Each year, we pay special tribute to the contributions and sacrifices 
made by our nation's most notable women during the month of March and 
it is my honor to not only recognize women of the past but to also 
recognize women who are making a difference in my community. While a 
month of remembrance is certainly not sufficient, I am honored today to 
pay homage to such women as Eleanor Roosevelt, Sandra Day O'Connor, 
Harriet Tubman, Sally Ride and all the women of my Congressional 
District, whose contributions have made a profound difference in the 
face and fabric of our nation.
  I honor today, Dr. Rita Vorperian. Dr. Vorperian currently serves as 
the Senior Administrator and Executive Secretary of the Armenian Relief 
Society of Western U.S.A. Regional Executive. In this capacity, Rita 
has fought hard to bring both humanitarian and economic relief to the 
people of Armenia and its government who are currently suffering 
through troubling economic times.
  A native of Aleppo, Syria, Rita is a graduate of the Karen Yeppe 
Armenian High School of Aleppo. She attended St. Joseph University in 
Beirut and graduated with a three-year course in higher Armenological 
studies. On her arrival in the United States, Rita enrolled at the 
University of California, Los Angeles where she attained her Bachelor 
of Arts degree in Near Eastern Studies, her Masters Degree in Near 
Eastern Languages and Cultures, and her PhD in Armenian literature and 
criticism.
  Her professional career is as exemplary as her educational 
background. She has been active in the field of journalism, making 
submissions to AZTAG Daily of Beirut, ASBAREZ of Los Angeles, and 
HATRENIK of Boston. She has also contributed essays and short stories 
to the literary magazine PAKINE of Beirut.
  Her mastery of seven languages including: Armenian, Arabic, French, 
English, Turkish, Spanish and Russian has helped her in her role as an 
advocate for the people of Armenia around the world in serving their 
humanitarian needs as well as helping to preserve the cultural heritage 
and identity of the Armenian people.
  Her work as the Senior Administrator and Executive Secretary of the 
Armenian National Relief Society of Western U.S.A. Regional Executive 
has helped establish a vital and enriched Armenian community in the 
27th Congressional District and she continues to work for cultural 
understanding and acceptance of the Armenian prople in America.
  I ask all Members of Congress to join me today in honoring an 
outstanding and extraordinary woman of California's 27th Congressional 
District, Dr. Rita Vorperian. The entire community joins me in thanking 
Rita for her continued efforts to make the 27th Congressional District 
a more vibrant and culturally enriched place to live.

                          ____________________




                        POSTAL RATE PROCEEDINGS

                                 ______
                                 

                           HON. WM. LACY CLAY

                              of missouri

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. CLAY. Mr. Speaker, I rise to speak on a matter that is critically 
important to every individual in this country, and critically important 
to the welfare of our economy. I am referring to the condition of our 
United States Postal Service. In a proceeding now before the Postal 
Rate Commission, the Postal Service, which is in considerable financial 
difficulty, is proposing to give large mailers more than $700 million 
per year in unjustified discounts. The cost of these unjustified 
discounts will be imposed on individual citizens and small businesses 
who must use the United States postal system.
  It has been widely reported in the press that the Postal Service has 
suffered financial difficulties as a result of the terrorist attacks on 
September 11, and the problems caused by the discovery of anthrax in 
the mail. What has been less reported, but which is of equal or even 
greater long-run significance, is the fact that important issues of 
public policy affecting the vital interests of the Postal Service are 
being debated and decided in a little-noticed proceeding before the 
Postal Rate Commission.
  I am deeply concerned that the policy decisions about to be made by 
the Postal Rate Commission may cripple the Postal Service. 
Unfortunately, the Postal Service itself appears to be cooperating with 
those who seek to exploit or weaken it.
  I am referring to the fact that, in a misguided effort to speed up 
the postal rate increases, the Postal Service has proposed, and the 
Postal Rate Commission seems poised to accept, rates that will 
subsidize large business mailers at the expense of individuals and 
small businesses. This may occur because the Postal Service has 
proposed setting presort discounts for large business mailers at a rate 
which cannot be justified by the cost-savings to the Postal Service 
when mail is presorted.
  The only party opposing the proposal to establish excessive discounts 
for presorted mail is the American Postal Workers Union. I am well 
aware, of course, that postal workers have a self-interest in opposing 
pre-sorting of mail. To the extent that mail is pre-sorted, work that 
might be done by postal employees is done by private industry. 
Nevertheless, the arguments made by the American Postal Workers Union 
against excessive presort discounts are correct and should be 
recognized and supported. The former Chief Financial Officer of the 
Postal Service, Dr. Michael Riley, has provided testimony in support of 
the APWU position opposing these subsidies for large mailers. Dr. Riley 
is no advocate for union interests, nor can he be discounted as an 
ideologue of any kind. Dr. Riley is a businessman, and he has addressed 
the issue of postal rate making from a sound business perspective.
  As Dr. Riley has very persuasively argued before the Postal Rate 
Commission, it makes no business sense--it is unsound business--to give 
discounts to pre-sort mailers that exceed the costs avoided by the 
Postal Service when mail is pre-sorted. But that is what the Postal 
Service is proposing to do. The Postal Service is proposing to set 
discounts that will, in some cases, be 125 percent of costs avoided. 
This is wrong, it is a wrong business decision, and it is a wrong 
policy. When the Postal Service was created, it was set up to be run 
like a private sector business. Private sector business does not give 
away hundreds of millions of dollars. If this decision were to be based 
on solid business considerations, pre-sort discounts would be set at an 
amount below the cost avoided. Sound business practice would require 
that the discounts be set as low as 80 percent of costs avoided, and 
certainly never 125 percent of costs avoided as the Postal Service is 
proposing.
  I want to emphasize again how critically important this issue is. 
Universal mail service at a uniform cost to mailers is essential to a 
sound economy, and it is particularly important to those non-urban 
areas who must depend on the United States Postal Service. Every year, 
the United States Postal Service adds 1.7 million additional delivery 
points to its universal service. This is enough delivery points to be 
about as big as the City of Chicago. That is an enormous undertaking 
and it is an undertaking that is enormously important to our country. 
Many of the people served by the Postal Service have no other practical 
alternative to the U.S. mail. As this network expands, it must be 
maintained on a sound financial footing. But that financial footing may 
be undermined if the Postal Service continues on its present course.
  The Postal Service already has frozen 800 capital investment programs 
that are important to the future health of the Postal Service. The 
Postal Service's 2001 Annual Report described the impact of this freeze 
as follows:

       The Capital plan is at extreme risk . . . for the second 
     year in a row we will not be able to make the necessary 
     capital investments to meet the growth demands of universal 
     delivery.

  Given the present rate proposal, these programs will continue to be 
frozen, further compromising the future of the Service. Furthermore, 
withholding $800 million in Postal Service automation spending will 
contribute to the unfortunate softness in the economy. For this large 
postal enterprise to be taking a backward stance at this important 
turning point in our hoped-for economic recovery will be 
counterproductive for all concerned.
  Because the compromise proposed by the Postal Service would set rates 
at an artificially low level, we are facing the need for another rate 
increase in the near future, and that rate increase may have to be 
substantially larger. Predictably, there will be opposition to large 
postal rate increases in the future. So, by misallocating postal rates 
now the Postal Service is setting itself up for even greater 
difficulties in the future. I am afraid that difficult future is at 
hand.
  I urge my colleagues to take note of this important issue, and I urge 
the Postal Service and the Postal Rate Commission to reconsider this 
misguided course of action.

[[Page 3887]]



                          ____________________




    MARKING THE 100TH ANNIVERSARY OF THE GENEVA CHAMBER OF COMMERCE

                                 ______
                                 

                        HON. THOMAS M. REYNOLDS

                              of new york

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. REYNOLDS. Mr. Speaker, I rise today to mark the 100th anniversary 
of the founding of the Geneva Chamber of Commerce in Ontario County, 
New York.
  When the Rev. Ninian Remick first assumed the chairmanship of the 
Geneva Chamber of Commerce in 1902, he and the group had a simple yet 
important mission: ``foster and promote the trade, manufacturing and 
other business interests of Geneva and . . . to enjoin upon our people 
the necessity of a wise and conservative expenditure of the public 
money.''
  The Chamber's initial membership of 148 businesses began a bedrock 
commitment to promoting economic opportunity in the Geneva area and 
improving the quality of life of the community's residents.
  Throughout their first century, the Geneva Area Chamber of Commerce 
has sponsored a wide-variety of programs and events showcasing the 
area, and have continually worked to promote and revitalize the city.
  Today, under the leadership of incoming chairman Tom Bowers and its 
580 members, the Geneva Area Chamber of Commerce is continuing a great 
tradition of commitment to community.
  Mr. Speaker, on Friday, March 22, 2002, the Geneva Area Chamber of 
Commerce will hold its One Hundredth Annual Dinner Meeting, and I ask 
that this House of Representatives pause in its deliberations to salute 
the men and women, past, present and future, of the Geneva Area Chamber 
of Commerce on their proud record of service and accomplishment.

                          ____________________




 A TRIBUTE TO BARBARA HUGHES, 27TH CONGRESSIONAL DISTRICT WOMAN OF THE 
                               YEAR--2002

                                 ______
                                 

                          HON. ADAM B. SCHIFF

                             of california

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. SCHIFF. Mr. Speaker, I rise today to honor Women's History Month. 
Each year, we pay special tribute to the contributions and sacrifices 
made by our nation's most notable women during the month of March and 
it is my honor to not only recognize women of the past but to also 
recognize women who are making a difference in my community. While a 
month of remembrance is certainly not sufficient, I am honored today to 
pay homage to such women as Eleanor Roosevelt, Sandra Day O'Connor, 
Harriet Tubman, Sally Ride and all the women of my Congressional 
District, whose contributions have made a profound difference in the 
face and fabric of our nation.
  In honor of Women's History month, it is my honor to recognize an 
outstanding woman of the California's 27th Congressional District. Ms. 
Barbara Hughes of Tujunga, California has been pivotal in the social 
and economic vitality of her community and I wish to salute her efforts 
today.
  Born and raised in Sunland-Tujunga, Barbara attended Verdugo Hills 
High School and currently resides on the property which her 
grandparents homesteaded years ago. She is married to Harry Hughes, the 
proud mother to three adult children: Michele, Mark and Michael and the 
even prouder grandmother to her five grandchildren: Justin, Travis, 
Jennifer, Marshall, and Jaymie.
  Her involvement in the community of Sunland-Tujunga has made it one 
of the most vibrant areas in my district. Through her involvement with 
the Sun Valley Chamber of Commerce as Executive Director and then as 
President of its Board of Directors, Barbara has been able to plan and 
execute community events which have vastly improved the quality of life 
for the residents of Sunland-Tujunga.
  She was a leader in the initial planning stages for the community's 
neighborhood council, she helped organize the ``Business Focus'' group 
which addresses the current and ongoing business needs of the 
community, and has been instrumental in strengthening community 
togetherness through an array of outstanding events. She has served as 
a columnist for the Foothill Leader and is currently working on 
publishing a community newspaper for the Sunland-Tujunga area.
  Over the years she has been awarded the ``Women of Achievement'' and 
``Women in History'' honors from the Sun Valley Chamber of Commerce and 
was recently named one of the Glendale News Press's 103 Most 
Influential People in the foothills communities.
  I ask all Members of Congress to join me today in honoring an 
outstanding and extraordinary woman of California's 27th Congressional 
District, Ms. Barbara Hughes. The entire community joins me in thanking 
Barbara for her continued efforts to make the 27th Congressional 
District a more vibrant and enjoyable place to live.

                          ____________________




         AGUA FRIA NATIONAL MONUMENT TECHNICAL CORRECTIONS ACT

                                 ______
                                 

                             HON. BOB STUMP

                               of arizona

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. STUMP. Mr. Speaker, on January 11, 2000, President Clinton stood 
in front of a backdrop of the Grand Canyon and proclaimed two national 
monuments in Arizona using the Antiquities Act of 1906. One of the 
monuments created by President Clinton was the Agua Fria National 
Monument.
  There is no doubt that the Agua Fria National Monument has values 
that need to be protected from encroachment. The Monument spans 71,000 
acres and contains two mesas, the Perry Mesa and the Black Mesa. The 
Monument boasts one of the most significant systems of prehistoric 
sites in the American Southwest. Yet, the area is located within 
fifteen miles of the northern-most reaches of the Phoenix Valley. The 
tremendous growth of Arizona over the past decade has placed additional 
pressures on this region. With Cordes Junction to the north, and Black 
Canyon City to the south, the threat of encroachment is growing.
  Mr. Speaker, since the proclamation of the Agua Fria National 
Monument, we have seen a tremendous increase in visitorship, as well as 
abuse of the lands contained in the Monument. However, nothing in the 
proclamation ensures the long-term protection of the resources we 
value. In fact, the Bureau of Land Management (BLM) reported that 
illegal artifact excavation occurred just days after President Clinton 
issued the proclamation.
  Mr. Speaker, today I rise to introduce legislation, the Agua Fria 
National Monument Technical Corrections Act, to address the management 
of the Agua Fria National Monument. My intent in introducing this 
legislation is to ensure that Congress, the State of Arizona and the 
people of Arizona have a say in how these areas are managed and 
protected. Specifically, this legislation:
  1. Codifies commitments made by the previous Administration that were 
not explicitly stated in the proclamation;
  2. Provides the President with an opportunity to increase the size of 
the monument to 88,000 acres, and adjusts the boundary of the Monument 
to facilitate long-term resource management by the BLM and adjacent 
land owners;
  3. Ensures that all interested parties have a voice in planning;
  4. Protects the interests of the State of Arizona in managing 
wildlife, water and transportation;
  5. Ensures that the Monument remains accessible;
  6. Recognizes the educational potential of the Monument; and
  7. Provides the BLM with a flexible management framework that will 
allow protection of the resources of the Monument.
  Mr. Speaker, I have a long history in working to resolve resource 
management issues in the area containing the Agua Fria National 
Monument. Working with then-Arizona Governor Bruce Babbitt and State 
BLM Director Dean Bibles in the early and mid-1980's, we were able to 
eliminate the checkerboard land ownership pattern in the area. A few 
years later, I supported the Area of Critical Environmental Concern, or 
ACEC, designation of much of the area, as well as the establishment of 
the Perry Mesa National Register Archaeological District.
  The BLM has historically done an excellent job of working with their 
constituents in managing this area. When the Agua Fria National 
Monument was created by proclamation, however, past collaborative 
management of the land and the history and tradition of these areas was 
ignored. In fact, a committee established by former Secretary Babbitt 
went as far as to discuss the construction of gondolas in the Monument.
  Mr. Speaker, this legislation requires the BLM to review the Interim 
Management Policy, dated October 1, 2001, and to develop a 
comprehensive management plan for the long-range management of the Agua 
Fria National Monument. My goal is to ensure that the Interim 
Management Policy recognizes valid existing uses of the Monument, and 
that it is consistent with current laws and regulations.

[[Page 3888]]

  With the increase in visitorship since the creation of the Monument, 
it has become clear that a new management plan that reflects the 
resources and values of the Monument is needed. The legislation I am 
introducing today requires that the BLM create a long-term management 
plan for the Monument within two years of enactment. While this is an 
aggressive schedule, I believe that it is essential if we are to 
address the immediacy of the threats perceived by the previous 
Administration.
  To assist in this endeavor, the legislation creates an advisory 
committee to ensure that local community leaders, state 
representatives, conservationists, Native Americans, as well as 
scientists, are involved in the decision-making and planning of the 
Agua Fria National Monument Management Plan. Seven BLM managed 
monuments and national conservation areas, including the Gila Box and 
San Pedro National Conservation Areas in Arizona, currently benefit 
from advisory committees. Three additional advisory committees, 
recommended by former Secretary Babbitt, are awaiting publication in 
the Federal Register, and the Grand Staircase-Escalante National 
Monument Management Plan recommends the establishment of a permanent 
advisory council. I believe that the eight positions available on the 
advisory committee represent those interests that are necessary to 
ensure that the BLM receives broad public input, participation and 
support in planning and developing management strategies for the Agua 
Fria National Monument.
  Since the creation of several monuments under the Clinton 
Administration, the issue of whether to modify the boundaries of these 
monuments has been widely discussed. This legislation moves the western 
boundary of the Agua Fria National Monument 400 feet to the east. The 
Arizona Department of Transportation has concerns that if the boundary 
is not modified, any future expansion of Interstate Highway 17, the 
main thoroughfare from central to northern Arizona, will be impossible. 
This small boundary adjustment may also make it feasible for the State 
of Arizona and the BLM to cooperatively develop and manage a new 
visitor center near the planned Sunrise Point Rest Area.
  Mr. Speaker, it is well known that there are significant 
archaeological sites adjacent to the current boundaries of the 
monument. This legislation requires the Secretary of the Interior, in 
consultation with the Secretary of Agriculture, to study the lands 
adjacent to the existing boundaries, and make a recommendation to the 
President on any boundary changes to the Agua Fria National Monument. 
The legislation authorizes the President, subject to the study, to make 
any boundary adjustment necessary to enhance the protection of the 
archaeological resources located within the Monument and adjacent lands 
or that will offer expanded opportunities for public education or 
scientific research. This language has the potential to expand the 
monument to 88,000 acres.
  This legislation recognizes that there are valid existing uses of the 
monument, including hunting, grazing and electric transmission right-
of-ways. The fact that the lands are now within the boundaries of a 
national monument should not have an effect on their management. The 
archaeological resources within the Monument have existed for 
centuries, and the creation of the Monument has not changed their 
significance to Arizona's heritage. Because all uses of the Monument 
will continue to be governed by existing laws and regulations, it is 
expected that the BLM will review all aspects of land use, including 
grazing levels, during the planning process.
  This legislation also ensures that state water rights are protected. 
In the original proclamation, an unspecified amount of water was 
reserved for the Agua Fria National Monument. In Arizona, where water 
is as precious as gold, we must ensure that a new or implied water 
reservation to the United States does not hinder management of this 
limited resource. This legislation allows the United States to reserve 
water for the Monument by following the laws of the State of Arizona.
  The Agua Fria National Monument Technical Corrections Act has been 
reviewed and is supported by archaeologists, recreation groups and 
ranchers, as well as the Governor of Arizona and state agencies, 
including the Arizona Department of Transportation, the Arizona Game 
and Fish Commission and Department and the Arizona Department of Water 
Resources.
  Mr. Speaker, I have included a letter for the record that Arizona 
Governor Jane Dee Hull sent to Secretary Gale Norton on April 6, 2001, 
outlining the State of Arizona's concerns with the monuments 
established in Arizona. The Governor expresses her concern that the 
state was not included when the decision to declare the national 
monuments was being weighed. Specifically, the Governor states, ``I am 
simply asking that boundaries and proclamation language be amended 
where necessary to protect the best interests of the citizens of this 
state.'' Mr. Speaker, I believe that this legislation addresses these 
concerns and ensures that the citizens of Arizona can use and enjoy the 
Agua Fria National Monument for years to come.
  Mr. Speaker, this legislation will protect the archaeological 
resources and enhance the educational opportunities of the Agua Fria 
National Monument. At the same time it ensures that the BLM, State of 
Arizona, Forest Service, private landowners, conservationists, 
scientists and Indian tribes work together to develop a working 
management plan for the future of the Agua Fria National Monument.
  Mr. Speaker, I urge my colleagues to support the Agua Fria National 
Monument Technical Corrections Act of 2002.

                                                Jane Dee Hull,

                                  State of Arizona, April 6, 2001.
     Hon. Gale Norton,
     Secretary of the Interior,
     Washington, DC.
       Dear Secretary Norton: Thank you very much for your letter 
     of March 28, 2001 in regard to the impact of National 
     Monument designations within the State of Arizona.
       As you know, during the past year, five new National 
     Monuments were declared in Arizona encompassing an estimated 
     two million acres of Arizona. This is an area approximately 
     equivalent in size to the combined states of Delaware and 
     Rhode Island a land mass of such notable size carries with it 
     a number of impacts, and I am grateful for the opportunity to 
     share my perspective on those impacts.
       As a preliminary matter, I would like to say that much of 
     the land that lies within the boundaries of our five new 
     National Monuments is exquisite and certainly worthy of 
     conservation. In Arizona, we are aggressive in our pursuit of 
     conservation, and we have several ongoing programs and 
     projects that allow us to set aside our most magnificent 
     scenery. Even now, we are supporting state legislation that 
     will enable Arizona to engage in land exchanges that will 
     result in the conservation of special State Trust lands.
       My fundamental concern with the five new National Monuments 
     is the inadequate selection process through which they were 
     established. As a result of planning that occurred almost 
     exclusively in Washington D.C., and not in Arizona, we have 
     monuments with boundaries that do not protect the best of the 
     terrain, do not give due consideration to wildlife 
     management, do not allow vital energy transmission to cross 
     into regions of the state, render hundreds of thousands of 
     acres of School Trust land nearly valueless, prohibit 
     essential roads, create uncertainty in the state's long-term 
     water supply, and diminish the use of thousands of acres of 
     private property.
       I believe the inadequacy of the selection process was the 
     direct result of a nearly complete failure on the part of the 
     former administration of the Department of the Interior to 
     provide meaningful opportunity for Arizona residents and 
     qualified experts to participate. To highlight the absence of 
     that participation, please note that neither I nor any member 
     of my cabinet was ever invited to a public meeting to discuss 
     the potential declaration of any monument. Moreover, three of 
     the monuments were declared with virtually no public process. 
     The only sign that an area was under consideration for 
     monument status was a visit to this state by the former 
     secretary for a short hike to which a handful or supporters 
     and select media were invited.
       Please review your records to verify his claim. It would be 
     very interesting to learn what the file has to say in regard 
     to public participation prior to each declaration in Arizona.
       Other concerns I have in regard to the monuments are site 
     specific, and I have attached for your review a list of 
     concerns my cabinet and I have compiled on each monument. You 
     will notice the same concern often arises with multiple 
     monuments. Where possible, we have also listed potential 
     solutions to the issues raised. While the solutions may not 
     be perfect, they certainly reflect more closely the will of 
     those who make their home in this state.
       Please note before you review this list that I am not 
     suggesting the repeal of any monument in Arizona, nor a 
     reduction in the size of any monument. I am simply asking 
     that boundaries and proclamation language be amended where 
     necessary to protect the best interests of the citizens of 
     this state, including the certainty of their water and 
     electricity supplies, school funding, necessary roads and 
     sound wildlife management.
       I appreciate your consideration of the following lists. If 
     you need any additional information, I would be delighted to 
     provide it.
           Sincerely,
                                                    Jane Dee Hull,
                                                         Governor.


[[Page 3889]]



                          ____________________


                   CLASS ACTION FAIRNESS ACT OF 2002

                                 ______
                                 

                               speech of

                           HON. EARL POMEROY

                            of north dakota

                    in the house of representatives

                       Wednesday, March 13, 2002

       The House in Committee of the Whole House on the State of 
     the Union had under consideration the bill (H.R. 2341) to 
     amend the procedures that apply to consideration of 
     interstate class actions to assure fairer outcomes for class 
     members and defendants, to outlaw certain practices that 
     provide inadequate settlements for class members, to assure 
     that attorneys do not receive a disproportionate amount of 
     settlements at the expense of class members, to provide for 
     clearer and simpler information in class action settlement 
     notices, to assure prompt consideration of interstate class 
     actions, to amend title 28, United States Code, to allow the 
     application of the principles of Federal diversity 
     jurisdiction to interstate class actions, and for other 
     purposes.

  Mr. POMEROY. Mr. Chairman, I rise In reluctant opposition to H.R. 
2341, the Class Action Fairness Act.
  Our system of class action litigation is in dire need of reform. Most 
class action cases are national in scope and should be heard in federal 
court, where like claims may be combined and uniform decisions 
rendered. Under the current system, however, these interstate suits are 
often filed in state or county court, where the decision of a local 
judge and jury may affect the laws of all 50 states. As a former state 
insurance commissioner, I am deeply troubled that a jury panel in a 
class action case in Mississippi or New Mexico could effectively 
overturn state regulations in my home state of North Dakota.
  In addition, by allowing interstate class action claims to be filed 
in any of the thousands of local courts across the country, the 
likelihood is increased that a plaintiffs lawyer will find at least one 
judge who is willing to entertain a claim that most people would 
consider to be without merit. Once a sympathetic judge is found, the 
plaintiffs' attorney can leverage nationwide settlements that all too 
often provide little benefit to the actual plaintiffs but enormous 
benefit to the attorney.
  As important as it is to reform class action litigation, I am 
concerned that this legislation could have the effect of closing the 
courthouse door to even meritorious class action suits. The bill places 
a significant new responsibility on federal courts without providing 
the resources necessary to carry out that responsibility. The only 
study on record indicates that this legislation would burden federal 
courts to the point that class action cases could not be heard a timely 
fashion. As serious as the abuses are in the current system, we cannot 
risk denying access to our civil justice system for people who are the 
victims of wrongdoing.
  With additional time, we could have further evaluated the workload of 
the federal courts and crafted legislation that would ensure that class 
reform did not result in class action repeal. In scheduling this 
legislation, I regret that the majority leadership did not allow us 
that time. We have not heard the last of this issue. I took forward to 
continuing to work on this issue so that we have reform the class 
action system without denying the opportunity for worthy class action 
cases to be heard.

                          ____________________




 A TRIBUTE TO LUCIA G. REYES, 27TH CONGRESSIONAL DISTRICT WOMAN OF THE 
                               YEAR--2002

                                 ______
                                 

                          HON. ADAM B. SCHIFF

                             of california

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. SCHIFF. Mr. Speaker, I rise today to honor Women's History Month. 
Each year, we pay special tribute to the contributions and sacrifices 
made by our nation's most notable women during the month of March and 
it is my honor to not only recognize women of the past but to also 
recognize women who are making a difference in my community. While a 
month of remembrance is certainly not sufficient, I am honored today to 
pay homage to such women as Eleanor Roosevelt, Sandra Day O'Connor, 
Harriet Tubman, Sally Ride and all the women of my Congressional 
District, whose contributions have made a profound difference in the 
face and fabric of our nation.
  I would like to pay special recognition to Ms. Lucia G. Reyes, an 
outstanding woman of California's 27th Congressional District. Over the 
years, Lucia has been an outspoken proponent for women's issues and has 
helped bring those issues to the forefront of my community.
  Lucia currently serves as a project manager for the Keck School of 
Medicine at the University of Southern California. She is overseeing a 
very exciting clinical trial to determine the effectiveness of a T Cell 
Vaccine to treat Secondary Progressive Multiple Sclerosis. If 
effective, this treatment may prove a powerful weapon in the fight 
against this debilitating and deadly disease.
  Lucia's positive energy can be seen all around the City of Pasadena. 
She has thrown herself into activities with the expressed purpose of 
making the lives of those around her better. She serves as a 
Commissioner on the City of Pasadena's Commission on the Status of 
Women in which she focuses on addressing the specific concerns and 
needs of women throughout the community. Her tireless efforts are to 
ensure the future provides the freedom and dignity each human deserves.
  Complimenting her role on the Commission, Lucia also serves on the 
boards of Planned Parenthood of Pasadena and Pasadena's Cinco de Mayo. 
She serves as a religious instructor at St. Andrew's Catholic Church, 
volunteers at Pasadena's Youth Center, and is a committee member of the 
Adelante Mujur Latina Conference and HOPE'S Latina Symposium.
  Her breadth of volunteer work is remarkable and all who have the 
opportunity to work beside her are better off for the experience. The 
women of my district and especially the women in the City of Pasadena 
could find no better advocate than Lucia.
  I ask all Members of Congress to join me today in honoring an 
outstanding and extraordinary woman of California's 27th Congressional 
District, Ms. Lucia Reyes. The entire community joins me in thanking 
Lucia for her continued efforts to make the 27th Congressional District 
a more accepting place in which to live.

                          ____________________




                   IN RECOGNITION OF ROBERT H. STERN

                                 ______
                                 

                        HON. CAROLYN B. MALONEY

                              of new york

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mrs. MALONEY of New York. Mr. Speaker, I rise today to pay special 
tribute to Robert H. Stern, who dedicated so much of his life to 
serving the community in which he had lived. From his childhood up 
until his death, Mr. Stern spent the majority of his time preserving 
and improving the business district of Steinway Street in Queens. For 
his many contributions within the community at large, we honor him.
  The family business, ``Sig Stern'' was opened in the early 1920's by 
Robert Stern's father. For over fifty years it was considered ``the'' 
children's store of Steinway Street. After his father's death, Robert 
ran Sig Stern, Inc. In 1975, Robert closed Sig Stern, and embarked onto 
a successful second career as a real estate broker.
  Throughout his life, Robert Stern's passion was the successful, 
community oriented development of Steinway Street. Sensing that 
Business Improvement Districts were the salvation to commercial strips, 
Mr. Stern worked hard to bring the business improvement district to 
Steinway Street. At the time of his passing, Robert was President of 
the Steinway Street Business Improvement District. Steinway Street and 
its surrounding community acknowledges a huge debt of gratitude for its 
past, present and future success.
  This vibrant neighborhood center of commerce is part of the legacy 
Mr. Stern leaves from his commitment and dedication to the people of 
Queens.
  Robert Stern passed away on November 19, 1998. He was survived by his 
wife, Irene, children Ronnie and Randy Stause, Stacey and Richard 
Block, grandchildren Jackie and Brett Strause, David and Daniel Block, 
brother William and sister Ellin.
  Mr. Speaker, I am pleased to bring to your attention the outstanding 
life and work of Mr. Robert H. Stern, I ask that my colleagues join me 
in recognizing the contributions Mr. Robert H. Stern had made to the 
New York community.

                          ____________________




A TRIBUTE TO JOAN-PATRICIA O'CONNOR, 27TH CONGRESSIONAL DISTRICT WOMAN 
                           OF THE YEAR--2002

                                 ______
                                 

                          HON. ADAM B. SCHIFF

                             of california

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. SCHIFF. Mr. Speaker, I rise today to honor Women's History Month. 
Each year, we

[[Page 3890]]

pay special tribute to the contributions and sacrifices made by our 
nation's most notable women during the month of March and it is my 
honor to not only recognize women of the past but to also recognize 
women who are making a difference in my community. While a month of 
remembrance is certainly not sufficient, I am honored today to pay 
homage to such women as Eleanor Roosevelt, Sandra Day O'Connor, Harriet 
Tubman, Sally Ride and all the women of my Congressional District, 
whose contributions have made a profound difference in the face and 
fabric of our nation.
  I have the privilege today of recognizing an outstanding woman of 
California's 27th Congressional District. Ms. Joan-Patricia O'Connor 
has dedicated her professional career to the support of non-profit 
associations, educational institutions, and community organizations.
  JP is a graduate of both Pomona College in Claremont, California and 
the University of Southern California in Los Angeles. After earning 
double M.A. degrees, in Journalism and Public Relations, JP remained at 
USC as a member of the School of Journalism's Public Relations part-
time faculty. She currently serves as the Dean of the Association of 
Management track at ASAE's School of Management in addition to teaching 
Membership Marketing at the same institution. She has developed a 
program for UCLA's Extension Program and is called on frequently as a 
guest lecturer.
  JP began her consulting and marketing firm over 25 years ago, 
directing her efforts to the world of non-profit groups and 
associations. She has helped countless organizations recruit 
volunteers, raise funds, and attract participants. Due to her efforts 
on behalf of these groups; JP has created a sense of volunteerism and 
giving which permeates the community.
  JP's volunteer service is enhanced by her professional expertise. She 
currently serves as the President of the Board of the Burbank YMCA 
where along with the Board she completed a strategic plan for the 
facility, which serves over 28,000 adults and children. She also serves 
on the Board of the Burbank Noon Rotary as the scholarship chair and 
newsletter editor.
  For her countless efforts JP has twice been named one of the 
``Outstanding Young Women in America'' and was awarded a Fellowship by 
the American Society of Association Executives, a honor she shares with 
fewer than 200 people nationwide.
  I ask all Members of Congress to join me today in honoring an 
outstanding and extraordinary woman of California's 27th Congressional 
District, Ms. Joan-Patricia O'Connor. The entire community joins me in 
thanking JP for her continued efforts to make the 27th Congressional 
District a place of extraordinary volunteerism and superior giving.

                          ____________________




                         GREEK INDEPENDENCE DAY

                                 ______
                                 

                               speech of

                          HON. DAVID E. BONIOR

                              of michigan

                    in the house of representatives

                        Tuesday, March 19, 2002

  Mr. BONIOR. Madam Speaker, I am pleased to join the Greek American 
community in celebrating the 181st anniversary of Greek independence.
  On March 25, 1821, the Archbishop of Patras blessed the Greek flag at 
the Aghia Lavra Monastery near Kalavrita, marking the beginning of the 
Greek war of independence in which nearly 400 years of Ottoman rule 
were turned aside.
  Ancient Greece was the birthplace of democratic values. It brought 
forth the notion that the ultimate power to govern belongs in the hands 
of the people. It inspired a system of checks and balances to ensure 
that one branch of government does not dominate any other branch.
  These ideals inspired our Founding Fathers as they wrote the 
Constitution. In the words of Thomas Jefferson: ``to the ancient Greeks 
. . . we are all indebted for the light which led ourselves out of 
Gothic darkness.''
  Today, the United States is enriched not only by Greek principles but 
also by its sons and daughters. Greek Americans have made major 
contributions to American society, including our arts, sports, 
medicine, religion, and politics.
  My home State of Michigan has been enhanced by the Greek community. 
In Macomb and St. Clair Counties, we are served by St. John's Greek 
Orthodox Church and Assumption Greek Orthodox Church. These 
institutions provide a multitude of community services and add to the 
rich diversity of the area.
  Mr. Speaker, I join the people of Greece and those of Greek ancestry 
around the world celebrating Greek Independence Day.
  I salute all of them for the tremendous contributions to freedom and 
human dignity which they have made.

                          ____________________




  A TRIBUTE TO ELLEN DAIGLE, 27TH CONGRESSIONAL DISTRICT WOMAN OF THE 
                               YEAR--2002

                                 ______
                                 

                          HON. ADAM B. SCHIFF

                             of california

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. SCHIFF. Mr. Speaker, I rise today to honor Women's History Month. 
Each year, we pay special tribute to the contributions and sacrifices 
made by our nation's most notable women during the month of March and 
it is my honor to not only recognize women of the past but to also 
recognize women who are making a difference in my community. While a 
month of remembrance is certainly not sufficient, I am honored today to 
pay homage to such women as Eleanor Roosevelt, Sandra Day O'Connor, 
Harriet Tubman, Sally Ride and all the women of my Congressional 
District, whose contributions have made a profound difference in the 
face and fabric of our nation.
  I would like to pay special honor to an outstanding woman of my 
Congressional District, Ms. Ellen Daigle. Ellen is a true inspiration 
for all those who strive each day for their American Dream. Working to 
both expand her small business and improve her community, she can 
certainly be held up as one of my community's most precious citizens.
  Her business, Ellen's Silk-screening, has grown steadily since she 
first began producing her personalized T-Shirts from her garage 25 
years ago. Today she employs over a dozen people and provides hundreds 
of products for schools, businesses, and the community.
  Ellen's success has not gone without notice. She has been named to 
Los Angeles Business Journal's list of Top 100 Women-Owned Businesses 
twice in the last five years. She has also been honored by Business 
Life magazine as a ``Woman of Achievement'' and by the National 
Association of Businesswomen with induction into its Millennium Hall of 
Fame.
  Her activism in the community has been outstanding. She has always 
felt that businesspeople have an obligation to donate their time and 
talents to ensure the vitality of the communities' in which they live 
and work. Ellen has served as a Park Commissioner for the City of South 
Pasadena, founded the group, ``South Pasadenans for Responsible 
Intelligent Growth'' and began ``Expanding Horizons,'' a program for 
local students to help them learn about career choices and the local 
job market. Because of her service to the City of South Pasadena's 
parks programs, the California Parks and Recreation Society bestowed 
upon her their greatest honor.
  I ask all Members of Congress to join me today in honoring an 
outstanding and extraordinary woman of California's 27th Congressional 
District, Ms. Ellen Daigle. The entire community joins me in thanking 
Ellen for her continued efforts to make the 27th Congressional District 
a more enjoyable place to live.

                          ____________________




               PAYING TRIBUTE TO RYAN RANDALL PATTERSON -

                                 ______
                                 

                           HON. SCOTT McINNIS

                              of colorado

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. McINNIS. Mr. Speaker, I would like to take this opportunity to 
congratulate a young student from my district, Ryan Randall Patterson. 
His hard work and dedication have been rewarded with a great 
opportunity to pursue higher education and compete in one of the 
nation's most esteemed science competitions. Ryan recently won the 2002 
Intel Science Talent Search, and as he celebrates his achievement, I 
would like to commend him for his determination and self-sacrifice in 
achieving this honor. I've personally met Ryan and words cannot explain 
how impressed I was with this young man and his achievements. He is 
certainly a well deserving recipient of this honor and I am pleased to 
represent him and his family in Colorado.
  Ryan, a student at Central High School in Grand Junction, designed 
and built a glove that translates American Sign Language into text on a 
portable screen. This invention has taken him to the international 
level in Intel's Science Talent Search, a competition that he won both 
this year and last. This incredible invention is just the latest in a 
long list of electronic devices that Ryan has developed over the years. 
Ryan's fascination with electronics began in the third grade on a 
simple circuit board, and he has been exploring new possibilities in 
electronics ever since. His curiosity and determination have certainly 
paid off. At

[[Page 3891]]

18 years of age, Ryan has won over $192,000 in scholarships, $15,750 in 
cash, two laptop computers, and two trips to Sweden to attend the Nobel 
Prize ceremonies. Throughout all of his achievements, Ryan has 
maintained his integrity and modesty. He hopes to use his gift for 
electronics and inventing to improve people's lives, particularly the 
lives of the disabled.
  Mr. Speaker, the innovation and commitment demonstrated by Ryan 
Randall Patterson certainly deserves the recognition of this body of 
Congress, and this nation. Ryan's achievements serve as a symbol to 
aspiring science students throughout Colorado, and indeed the entire 
nation. The recognition that Ryan has received is proof that hard work, 
attention to your studies, and a passionate pursuit of your goals can 
lead to great rewards. The opportunities offered as a result of winning 
the 2001 and 2002 Intel Science Talent Search are incredible and they 
certainly are going to a well deserving individual. Congratulations 
Ryan, and good luck in your future endeavors. You are a future leader 
in this country, and I am quite confident that this will not be the 
last honor you receive.

                          ____________________




   TRIBUTE TO FORMER JOHNSON COUNTY, KANSAS, SHERIFF FRED ALLENBRAND

                                 ______
                                 

                           HON. DENNIS MOORE

                               of kansas

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. MOORE. Mr. Speaker, I rise today to pay tribute to former Johnson 
County, Kansas, Sheriff Fred Allenbrand, who died on February 15th, at 
age 68.
  For half of his life--34 years--Fred Allenbrand served as sheriff of 
Kansas' fastest growing county, which now comprises two-thirds of the 
population of the Third Congressional District. Elected in 1966, he 
served until his retirement in 2002, and oversaw the sheriff's office 
during a time span when Johnson County grew from a collection of small 
communities to a major suburban hub of the Kansas City metro area. 
Dismantling the patronage system that previously had been the hallmark 
of the sheriff's office, he professionalized the workforce, improved 
pay and benefits and modernized the force's equipment and facilities.
  Fred Allenbrand is survived by his wife, Ramona, daughters Cindy 
Barnes and Karen Wiggin, and son Kent, as well as by seven 
grandchildren. He will be remembered as a humane, progressive public 
servant, who was a kind, honest man of great integrity. I worked with 
him for twelve years as Johnson County District Attorney. I learned 
much from Fred about our criminal justice system and about people. Fred 
Allenbrand was my friend.
  It is fitting that 2000 people attended his memorial service, 
including hundreds of law enforcement officers. Following the service, 
a funeral procession that was estimated by the Johnson County Sun to be 
three miles long traveled to his internment site. Mr. Speaker, I 
include with this remembrance an obituary of Sheriff Allenbrand that 
appeared in the Kansas City Star.

               [From the Kansas City Star, Feb. 16, 2002]

               Former County Sheriff Fred Allenbrand Dies

                    (By Tony Rizzo and Finn Bullers)

       Fred Allenbrand, who served longer than any other Johnson 
     County sheriff, died Friday at age 68.
       Allenbrand took over a 25-member department in January 1967 
     and retired in January 2001, after building it into a law 
     enforcement agency with more than 400 employees.
       ``His contributions to Johnson County law enforcement are 
     too numerous to mention,'' said his successor, John Foster. 
     ``But if there's one thing he should be remembered for, it's 
     the integrity he maintained during his 34 years in office.'' 
     Growing up on a Johnson County farm, one of 13 children, 
     Allenbrand used to wave from horseback at passing squad cars. 
     He was so enamored of police work that he took a $200 a month 
     pay cut to the department as a deputy in 1958,
       ``I loved it,'' he said of his early career in an interview 
     before his retirement.
       He quickly progressed through the ranks and by 1962 was a 
     lieutenant, but he was demoted after backing the wrong man in 
     the election for sheriff. The experience prompted him to run 
     for sheriff in 1966.
       After winning the election, Allenbrand moved to dismantle 
     the political system that had led to his demotion. He worked 
     for a civil-service system to protect deputies' jobs, and he 
     worked for better pay and benefits for employees.
       ``He totally removed any kind of patronage from the system 
     before a time it was regularly done. I think that was the key 
     to his popularity,'' County Commissioner Annabeth Surbaugh 
     said. ``You couldn't fix the deal in Johnson County. He was 
     honest to the end.''
       Throughout his tenure as sheriff, Allenbrand sought to keep 
     his department abreast of advances in law enforcement while 
     keeping pace with the county's tremendous population growth.
       ``You have to be willing to change,'' Allenbrand said in 
     the pre-retirement interview. ``If you're not willing to 
     change, you'd better not live in Johnson County.''
       Today the department runs a crime laboratory open to every 
     police department in the county and two jails that hold more 
     than 500 prisoners.
       Toward the end of his tenure, Allenbrand took some heat for 
     problems associated with construction of one of those 
     facilities--the county's jail at New Century AirCenter.
       The project, which Allenbrand oversaw, experienced cost 
     overruns, construction delays and trouble with the security 
     system. The jail officially opened in July 2000, three years 
     behind schedule.
       The complex is named after the former sheriff, and more 
     than 230 prisoners are held in the detention center.
       When he retired, Allenbrand said he was also proud of the 
     employment opportunities for women and minorities, and the 
     cooperation among all the county's police agencies that was 
     developed while he was sheriff.
       He was one of the driving forces behind the establishment 
     of a professional police academy in the county.
       Herb Shuey, department historian and a retired deputy, 
     described Allenbrand ``as the most important sheriff in the 
     history of the department.''
       In a book about the Sheriff's Department, Shuey said 
     Allenbrand made himself a first-rate administrator and 
     politician, but at his core he was always a police officer 
     first.
       ''His compassion is well known and his respect for the law 
     is equally known,'' Shuey wrote. ``More importantly for the 
     citizens of Johnson County, his attitudes filter down and 
     through his subordinates.''
       After he was first elected sheriff, Surbaugh said, ``no one 
     ever really gave him any competition. And the reason is, how 
     can you fight honesty, integrity, consistency and fair 
     government? He had a fire in his belly.''

     

                          ____________________


                 PAYING TRIBUTE TO OTTO ``TINK'' SNAPP

                                 ______
                                 

                           HON. SCOTT McINNIS

                              of colorado

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. McINNIS. Mr. Speaker, it is with profound sadness that I rise 
today to recognize the life and contributions of Otto ``Tink'' Snapp of 
Pueblo, Colorado who peacefully left us on a Monday morning, February 
18, 2002. Tink was a popular member of the community and was often 
sought by many for his listening ear, advice, and warm smile. He served 
his country and fellow Coloradans for over a half century, and as his 
family and friends mourn his loss, I would like to take this 
opportunity to highlight his accomplishments and generosity to his 
fellow man.
  Tink began his service to this country in 1942 as a member of the 
Army Air Force in China, serving in the hostile China-Burma-India 
Theater. It was in this area during World War II that our nation fought 
and held Japanese advances into China. Tink, along with thousands of 
soldiers and airmen, braved the hazards of the environment to ensure 
that democracy and freedom reigned throughout the world.
  After the war, Tink returned to his native Pueblo and continued his 
service to his community as an employee of Minequa Bank. Over the years 
he served in several positions; beginning as the bank bike messenger 
and eventually rising to the position of executive vice president. 
Tink's is the kind of story that lends substance to the American Dream. 
His long career spanned almost fifty years, ending in 1994 with his 
retirement at the age of 75.
  Tink was well known throughout the community as an avid sportsfan who 
enjoyed a wide range of sports, from golf and tennis to basketball and 
softball. For over twenty-three years, he traveled as a referee at home 
and on the road to ensure fair and unbiased officiating for local 
Colorado sporting events. Tink also served his community as a deacon 
and elder of the First Presbyterian Church and as a member of his local 
Masonic Order, and the Colorado Bankers Association.
  Mr. Speaker, it is my privilege to pay tribute to Otto ``Tink'' Snapp 
for the great strides he took in establishing himself as a valuable 
leader in the Pueblo community. His loving wife Lorraine, sons Ronald 
and Bruce, and stepson Scott survive him. His dedication to family, 
friends, work, and the community certainly deserves the recognition of 
this body of Congress, and this nation. Although Tink has left us, his 
good-natured spirit lives on through the lives of those he touched. I 
would like to extend my regrets and deepest sympathies to his family 
and friends during their time of remembrance and bereavement.

[[Page 3892]]



                          ____________________




                          A PRAYER FOR AMERICA

                                 ______
                                 

                        HON. DENNIS J. KUCINICH

                                of ohio

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. KUCINICH. Mr. Speaker, I offer this prayer for America.

                (to be sung as an overture for America)

       My country 'tis of thee. Sweet land of liberty of thee I 
     sing. . . . From every mountain side, let freedom ring. . . . 
     Long may our land be bright. With freedom's holy light. . . .
       Oh say does that star spangled banner yet wave. O'er the 
     land of the free and the home of the brave?
       America, America, God shed grace on thee. And crown thy 
     good with brotherhood from sea to shining sea. . . .

  I offer these brief remarks today as a prayer for our country, with 
love of democracy, as a celebration of our country. With love for our 
country. With hope for our country. With a belief that the light of 
freedom cannot be extinguished as long as it is inside of us. With a 
belief that freedom rings resoundingly in a democracy each time we 
speak freely. With the understanding that freedom stirs the human heart 
and fear stills it. With the belief that a free people cannot walk in 
fear and faith at the same time.
  With the understanding that there is a deeper truth expressed in the 
unity of the United States. That implicit in the union of our country 
is the union of all people. That all people are essentially one. That 
the world is interconnected not only on the material level of 
economics, trade, communication, and transportation, but innerconnected 
through human consciousness, through the human heart, through the heart 
of the world, through the simply expressed impulse and yearning to be 
and to breathe free.
  I offer this prayer for America.
  Let us pray that our nation will remember that the unfolding of the 
promise of democracy in our nation paralleled the striving for civil 
rights. That is why we must challenge the rationale of the PATRIOT Act. 
We must ask why should America put aside guarantees of constitutional 
justice?
  How can we justify in effect canceling the First Amendment and the 
right of free speech, the right to peaceably assemble?
  How can we justify in effect canceling the Fourth Amendment, probable 
cause, the prohibitions against unreasonable search and seizure?
  How can we justify in effect canceling the Fifth Amendment, 
nullifying due process, and allowing for indefinite incarceration 
without a trial?
  How can we justify in effect canceling the Sixth Amendment, the right 
to prompt and public trial?
  How can we justify in effect canceling the Eighth Amendment which 
protects against cruel and unusual punishment?
  We cannot justify widespread wiretaps and internet surveillance 
without judicial supervision, let alone with it.
  We cannot justify secret searches without a warrant.
  We cannot justify giving the Attorney General the ability to 
designate domestic terror groups.
  We cannot justify giving the FBI total access to any type of data 
which may exist in any system anywhere such as medical records and 
financial records.
  We cannot justify giving the CIA the ability to target people in this 
country for intelligence surveillance.
  We cannot justify a government which takes from the people our right 
to privacy and then assumes for its on operations a right to total 
secrecy.
  The Attorney General recently covered up a statue of Lady Justice 
showing her bosom as if to underscore there is no danger of justice 
exposing herself at this time, before this administration.
  Let us pray that our nation's leaders will not be overcome with fear. 
Because today there is great fear in our great Capitol. And this must 
be understood before we can ask about the shortcomings of Congress in 
the current environment. The great fear began when we had to evacuate 
the Capitol on September 11. It continued when we had to leave the 
Capitol again when a bomb scare occurred as members were pressing the 
CIA during a secret briefing. It continued when we abandoned Washington 
when anthrax, possibly from a government lab, arrived in the mail.
  It continued when the Attorney General declared a nationwide terror 
alert and then the Administration brought the destructive PATRIOT Bill 
to the floor of the House.
  It continued in the release of the bin Laden tapes at the same time 
the President was announcing the withdrawal from the ABM treaty.
  It remains present in the cordoning off of the Capitol. It is present 
in the camouflaged armed national guardsmen who greet members of 
Congress each day we enter the Capitol campus. It is present in the 
labyrinth of concrete barriers through which we must pass each time we 
go to vote.
  The trappings of a state of siege trap us in a state of fear, ill-
equipped to deal with the Patriot Games, the Mind Games, the War Games 
of an unelected President and his undetected Vice President.
  Let us pray that our country will stop this war. ``To provide for the 
common defense'' is one of the formational principles of America.
  Our Congress gave the President the ability to respond to the tragedy 
of September 11. We licensed a response to those who helped bring the 
terror of September 11th. But we the people and our elected 
representatives must reserve the right to measure the response, to 
proportion the response, to challenge the response, and to correct the 
response.
  Because we did not authorize the invasion of Iraq.
  We did not authorize the invasion of Iran.
  We did not authorize the invasion of North Korea.
  We did not authorize the bombing of civilians in Afghanistan.
  We did not authorize permanent detainees in Guantanamo Bay.
   We did not authorize the withdrawal from the Geneva Convention.
  We did not authorize military tribunals suspending due process and 
habeas corpus.
  We did not authorize assassination squads.
  We did not authorize the resurrection of COINTELPRO.
   We did not authorize the repeal of the Bill of Rights.
  We did not authorize the revocation of the Constitution.
  We did not authorize national identity cards.
  We did not authorize the eye of Big Brother to peer from cameras 
throughout our cities.
  We did not authorize an eye for an eye.
  Nor did we ask that the blood of innocent people, who perished on 
September 11, be avenged with the blood of innocent villagers in 
Afghanistan.
  We did not authorize the administration to wage war anytime, 
anywhere, anyhow it pleases.
  We did not authorize war without end.
  We did not authorize a permanent war economy.
  Yet we are upon the threshold of a permanent war economy. The 
President has requested a $45.6 billion increase in military spending. 
All defense-related programs will cost $400 billion.
  Consider that the Department of Defense has never passed an 
independent audit.
  Consider that the Inspector General has notified Congress that the 
Pentagon cannot properly account for $1.2 trillion in transactions.
  Consider that in recent years the Department of Defense could not 
match $22 billion worth of expenditures to the items it purchased, 
wrote off, as lost, billions of dollars worth of intransit inventory 
and stored nearly $30 billion worth of spare parts it did not need.
  Yet the defense budget grows with more money for weapons systems to 
fight a cold war which ended, weapon systems in search of new enemies 
to create new wars. This has nothing to do with fighting terror.
  This has everything to do with fueling a military industrial machine 
with the treasure of our nation, risking the future of our nation, 
risking democracy itself with the militarization of thought which 
follows the militarization of the budget.
  Let us pray for our children.
  Our children deserve a world without end. Not a war without end. Our 
children deserve a world free of the terror of hunger, free of the 
terror of poor health care, free of the terror of homelessness, free of 
the terror of ignorance, free of the terror of hopelessness, free of 
the terror of policies which are committed to a world view which is not 
appropriate for the survival of a free people, not appropriate for the 
survival of democratic values, not appropriate for the survival of our 
nation, and not appropriate for the survival of the world.
  Let us pray that we have the courage and the will as a people and as 
a nation to shore ourselves up, to reclaim from the ruins of September 
11th our democratic traditions.
  Let us declare our love for democracy. Let us declare our intent for 
peace.
  Let us work to make nonviolence an organizing principle in our own 
society.
  Let us recommit ourselves to the slow and painstaking work of 
statecraft, which sees peace, not war as being inevitable.
  Let us work for a world where someday war becomes archaic.

[[Page 3893]]

  That is the vision which the proposal to create a Department of Peace 
envisions. Forty-three members of Congress are now cosponsoring the 
legislation. Let us work for a world where nuclear disarmament is an 
imperative. That is why we must begin by insisting on the commitments 
of the ABM treaty. That is why we must be steadfast for 
nonproliferation.
  Let us work for a world where America can lead the day in banning 
weapons of mass destruction not only from our land and sea and sky but 
from outer space itself. That is the vision of H.R. 3616: A universe 
free of fear. Where we can look up at God's creation in the stars and 
imagine infinite wisdom, infinite peace, infinite possibilities, not 
infinite war, because we are taught that the kingdom will come on earth 
as it is in heaven.
  Let us pray that we have the courage to replace the images of death 
which haunt us, the layers of images of September 11th, faded into 
images of patriotism, spliced into images of military mobilization, 
jump-cut into images of our secular celebrations of the World Series, 
New Year's Eve, the Superbowl, the Olympics, the strobic flashes which 
touch our deepest fears, let us replace those images with the work of 
human relations, reaching out to people, helping our own citizens here 
at home, lifting the plight of the poor everywhere.
  That is the America which has the ability to rally the support of the 
world.
  That is the America which stands not in pursuit of an axis of evil, 
but which is itself at the axis of hope and faith and peace and 
freedom. America, America. God shed grace on thee. Crown thy good, 
America.
  Not with weapons of mass destruction. Not with invocations of an axis 
of evil. Not through breaking international treaties. Not through 
establishing America as king of a unipolar world. Crown thy good, 
America. America, America. Let us pray for our country. Let us love our 
country. Let us defend our country not only from the threats without 
but from the threats within.
  Crown thy good, America. Crown thy good with brotherhood, and 
sisterhood. And crown thy good with compassion and restraint and 
forbearance and a commitment to peace, to democracy, to economic 
justice here at home and throughout the world.
  Crown thy good, America. Crown thy good America. Crown thy good.

                          ____________________




                PAYING TRIBUTE TO SISTER MARILYN BEAVAIS

                                 ______
                                 

                           HON. SCOTT McINNIS

                              of colorado

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. McINNIS. Mr. Speaker, I would like to take this opportunity to 
recognize and pay tribute to a wonderful woman and true caretaker of 
the community. Sister Marilyn Beavais of Pueblo, Colorado has dedicated 
her life to assisting others in times of hardship and great need. This 
year as she celebrates her fiftieth year as a nun and forty-seventh as 
a nurse, I would like to highlight her accomplishments and kind heart 
before this body of Congress.
  Last year, after a lifetime of volunteering for her community and its 
residents, Sister Marilyn retired from public service. She had been 
active with providing support and assistance to those in need through a 
wonderful organization known as Pueblo Services for Empowerment and 
Transformation for Well-Being. This organization, through efforts of 
volunteers like Sister Marilyn, has taught the less fortunate important 
skills and attitudes to improve their current standards of living. As a 
result of their kindness, many people today can credit the organization 
with providing the tools to improve their lives.
  Since retirement, Sister Marilyn still maintains an active schedule 
and now spends her time volunteering for St-Mary-Corwin's Good-Medicine 
program. This program assists the community with general healthcare 
screenings and checkups to ensure a healthy population throughout the 
area. Her nursing and gentle disposition are a vital contribution to 
helping those in need, and I cannot begin to tell you how proud I am of 
her efforts.
  Mr. Speaker, Sister Marilyn Beavais embodies the spirit of kindness 
and sacrifice that we all should strive for in our daily lives. She has 
helped many individuals in need over the years and I am proud to 
represent her in my district. Sister Marilyn has been a model citizen 
to the community and I extend my thanks to her and her efforts, and am 
proud to bring her accomplishments to the attention of this body of 
Congress. Keep up the good work Sister Marilyn, and good luck in your 
future endeavors.

                          ____________________




         CONDEMNATION OF CHURCH BOMBING IN ISLAMABAD, PAKISTAN

                                 ______
                                 

                          HON. JOSEPH R. PITTS

                            of pennsylvania

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. PITTS. Mr. Speaker, I would like to extend my deepest sympathies 
and condolences to the families and communities of the Americans, 
Pakistanis, Afghans, Iranians, Iraqis, Ethiopians, Sri Lankans, 
British, Swiss, Germans, Australians, and Canadians who were killed or 
wounded in the barbaric church bombing in Islamabad, Pakistan on 
Sunday, March 17, 2002. I commend President Bush for his statement that 
we will bring those responsible to justice and I look forward to his 
action against the perpetrators. And, I greatly appreciate President 
Musharraf's condemnation and subsequent action to find and punish the 
criminals.
  Men who seek to murder peaceful religious believers, particularly in 
the midst of their service of worship of God, reveal the depth of their 
uncivilized, brutal nature. Once again, extremists are using violence 
to attempt to intimidate people and gain power. These criminals who 
murder in cold blood, just like those who attacked the peaceful 
Pakistani worshipers in October of last year, must be brought to 
justice.
  Mr. Speaker, my heart goes out to those families and their loved 
ones. To the families and friends of those killed, please know that our 
hearts and prayers are with you in this time of suffering and mourning. 
The Americans killed and wounded in Pakistan were there to serve our 
nation and to serve people in Pakistan and the surrounding nations 
through their work in our Embassy or through NGOs. They are to be 
applauded and commended for their sacrificial service during this time 
of great difficulty in our world. And, they are to be admired for they 
have now paid the ultimate price for their service--they have given 
their lives.

                          ____________________




       SOCIAL SECURITY BENEFIT ENHANCEMENTS FOR WOMEN ACT OF 2002

                                 ______
                                 

                         HON. E. CLAY SHAW, JR.

                               of florida

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. SHAW. Mr. Speaker, this month is Women's History Month. In 
considering the integral role women have played in making America the 
great nation it is today and their daily contributions to the growth of 
our economy and the stability of American families, we are reminded yet 
again how important it is to ensure Social Security will continue to 
provide the economic security women need and deserve after a lifetime 
of sacrifice and hard work.
  In looking at Social Security's history, it is no wonder it is so 
important to women. The first woman to serve as a Presidential Cabinet 
Member-Secretary of Labor Frances Perkins--was Chairwoman of the 
committee that designed Social Security, and the first beneficiary to 
receive a monthly benefit was also a woman--Ida May Fuller.
  Social Security's lifetime inflation-adjusted benefits, spouse and 
survivor benefits, and progressive benefit formula provide critical 
protections for women, because they live longer, earn less, take time 
away from the workforce to care for kids, and have less pension and 
asset income than men. Without Social Security, more than half of 
elderly women would live in poverty.
  Although Social Security has successfully provided an effective 
safety net for two-thirds of a century, Social Security is facing 
serious financial challenges. Beginning in 2016, payroll taxes won't be 
enough to cover promised benefit payments and Social Security will call 
on the Treasury to make good on its obligations to the trust funds. 
Soon thereafter, payroll taxes taken out of the wages of our hard-
working kids and grandkids will be the only source of revenue--and they 
will cover only 73% of benefits, and even less than that in future 
years. If we fall to enact a plan to save Social Security, the 
consequences would be devastating for millions of Americans, especially 
women.
  For these reasons, restoring Social Security's solvency for the 21st 
century and beyond is a national priority for the public, Congress, and 
the President. We need to stop poisoning the well of bipartisanship, 
set aside political demagoguery, and fulfill our duty as Members of 
Congress by working together toward this goal. We can start building a 
foundation of common ground by taking a modest step to enhance Social 
Security benefits for women, without jeopardizing the financial 
position of the trust funds.

[[Page 3894]]

  I've worked with the Social Security Administration to identify 
potential enhancements that we could make to help women, while ensuring 
the costs will not affect Social Security's ability to make benefit 
benefits in the long-term. I have found three provisions that, while 
modest in terms of overall impact, represent real help for just over 
120,000 women when implemented. Today these provisions are being 
introduced as the Social Security Benefit Enhancements for Women Act of 
2002.
  These provisions increase benefits for certain widows, allow more 
disabled widows to qualify for disabled widow benefits, and enable 
certain divorced spouses to receive benefits sooner. These enhancements 
are particularly necessary, because elderly and disabled widows and 
divorced spouses are more likely to live in poverty.
  Back in December, virtually all the Members of the House of 
Representatives voted to save Social Security soon, without benefit 
cuts or tax increases. I sincerely hope that by coming together to 
enhance benefits for women, we will build further consensus that will 
help us make the progress that is so desperately toward our larger 
commitment of saving Social Security for our kids and grandkids. We 
must not allow shortsightedness and election-year politics come between 
us and this goal; otherwise, our kids and grandkids will pay the price.

                          ____________________




           TRIBUTE TO MISSION, KANSAS, MAYOR SYLVESTER POWELL

                                 ______
                                 

                           HON. DENNIS MOORE

                               of kansas

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. MOORE. Mr. Speaker, I rise today to pay tribute to Mayor 
Sylvester Powell, of Mission, Kansas, who died on March 6th, at the age 
of 82. Sylvester Powell served as mayor of his northeast Johnson County 
community, which is located in the Third Congressional District, from 
1955-65 and from 1977 until his death.
  Sylvester Powell was born on May 12, 1919, in Springfield, Ohio. He 
was drafted into the Army in March 1941, and after the bombing of Pearl 
Harbor, entered Officer's Candidate School. He was commissioned as a 
second lieutenant and eventually attained the rank of captain. He 
served as a company commander in General George Patton's Third Army 
during the war. While in the Army, he met his future wife, Merle Cline, 
and they were married on July 21, 1943. Mayor Powell is survived by 
Merle, their son, Stephen, and their daughters, Janet and Dianne.
  After leaving the Army and receiving an undergraduate degree from 
Wittenberg College, Sylvester attended law school at the University of 
Kansas City [now the University of Missouri-Kansas City], graduating in 
1949. He was to practice law for the next 47 years, representing 
defendants in personal injury litigation.
  The Powells moved to Mission in 1951, where he helped write the city 
charter that year, which established the city limits. Sylvester was 
elected to the city council in 1953 and was first elected mayor in 
1955. As the Johnson County Sun recently noted: ``Through Powell's 
tenure, Mission grew from a sleepy community to the vital retail area 
it is today. Many improvements were made to the city's infrastructure 
during the Powell years. But perhaps Powell's greatest legacy was the 
$8 million Sylvester Powell, Jr., Community Center, which opened in May 
1999 . . . The almost 3-year-old community center was an instant 
success and surprised both detractors and backers by covering its 
operational expenses.''
  I knew Syl personally. As a lawyer and a public official he was truly 
outstanding. But most of all, Syl was a good friend who will be missed 
by his friends and his community.
  Mr. Speaker, I am taking this opportunity to place in the Record two 
recent pieces from the Kansas City Star regarding Mayor Sylvester 
Powell: an obituary that the paper carried on March 7th and a column by 
Mike Hendricks, reflecting the character and ability of the man whom we 
knew as ``Syl,'' that the Star carried on the following day. I am proud 
to have known Sylvester Powell. As the Johnson County Sun said in a 
March 6th editorial: ``People often wonder what one person can do. Syl 
Powell showed them.'' My only regret is that we will not soon see his 
kind in public service again.

               [From the Kansas City Star, Mar. 7, 2002]

      Sylvester Powell Jr., Longtime Mayor of Mission, Dies at 82

                    (By James Hart and Grace Hobson)

       Mission Mayor Sylvester Powell Jr., who helped build the 
     town he loved into a prosperous suburb, died Wednesday night. 
     He was 82.
       A World War II veteran and Kansas City trial lawyer, Powell 
     was regarded by many as the dean of Kansas mayors. He served 
     Mission in that capacity between 1955 and 1965, took a ``12-
     year vacation'' and returned to office in 1977, winning every 
     election for the post since then, most recently in 2001.
       ``The people don't put somebody back in office that many 
     times unless he's well-respected,'' said Police Chief Bob 
     Sturm, who worked with Powell for more than 30 years.
       Powell had suffered lung problems and had been hospitalized 
     for weeks, Sturm said. The mayor loved his city, Sturm said, 
     the way he loved his family and his church.
       Officials in the city of nearly 10,000 will ask residents 
     to lower their flags to half-staff today. A memorial service 
     has not yet been scheduled.
       Powell was fond of telling others how, when he first became 
     mayor in 1955, Johnson Drive was a two-lane road and the city 
     had an operating budget of about $38,000.
       He was elected to the City Council in 1953, and one of his 
     first acts as a public official was to help place a traffic 
     light at the intersection of Nall Avenue and Johnson Drive--a 
     project he researched himself by recording traffic with a 
     stopwatch.
       Several decades and more than a few traffic lights later, 
     Mission stands as a model municipality with a vibrant 
     downtown and a solid tax base. Some of Powell's proudest 
     accomplishments included his work to help with the 
     development of Mission Center Mall, Johnson Drive's success 
     as a retail area and construction of the community center 
     that today bears his name.
       ``I like that little city and seeing progress made,'' 
     Powell once said of Mission.
       The secret behind the city's success, most people agreed, 
     was the gruff trial lawyer who served as mayor. Powell, known 
     as ``Syl'' around town, liked to visit the Mission City Hall 
     every morning when he didn't have an appearance in court.
       ``He's a person who . . . takes a stand and says, `OK, this 
     is what we're going to do,''' Westwood Mayor Bill Kostar said 
     in February.
       While some critics said Powell held the city's reins too 
     tightly, he clearly was in control of city government during 
     his tenure.
       The city did not hire a professional administrator until 
     last year, after a consultant recommended the move.
       ``I don't think they're going to flnd anybody who can run 
     the city better than I do,'' Powell said in 2000.
       Last year, the city's management became a campaign issue in 
     Powell's first election challenge since 1985, and he pledged 
     to hire a professional.
       City Councilman Lloyd Thomas, who has served since 1976, 
     said Mission's strong financial position today was the result 
     of Powell's control over the city's finances throughout the 
     years.
       ``That's what you call being frugal,'' Thomas said 
     recently. ``He spends the taxpayers' money just like he does 
     his own. He's very frugal with it.''
       Powell was able to build the city's sales tax base with 
     development projects that didn't sacrifice Mission's small-
     town feel, Kostar said. That's a formula other mayors in 
     northeast Johnson County want to emulate, he added.
       Asked once why he stayed in office so long, Powell said: 
     ``Sometimes I think about retiring, but it's like giving up 
     something dear to you. If you're running the city well, they 
     ought to keep you in.''
       Councilwoman Laura McConwell will become Mission's new 
     mayor.

                                  ____
                                  

               [From the Kansas City Star, Mar. 8, 2002]

                   Lucky for Mission, Mayor Was Tough

                          (By Mike Hendricks)

       When I read Syl Powell's obituary yesterday, the first 
     thing that came to mind was the time he hijacked the Olympic 
     torch.
       No single act better defined the longtime mayor of Mission 
     and the hardball politics he practiced, a style we don't see 
     much of anymore.
       It was 1996, the year of the Atlanta Games. Metropolitan 
     Kansas City was to be part of the symbolic torch run. But the 
     original route bypassed much of Mission, the northeast 
     Johnson County town of 10,000 Powell had watched over like 
     the overprotective father of a teen-age daughter.
       The idea was for runners to cut through Mission on a short 
     stretch of Shawnee Mission Parkway, but there wasn't going to 
     be much chance for the city's residents to see it.
       Powell had an idea. What if the torch run made a detour 
     down Mission's main street, Johnson Drive?
       ``The torch is something we may not get a chance to see 
     again, and I thought the people of Mission should be able to 
     see it,'' Powell said at the time.
       Naturally, Olympics officials blew him off. Theirs was an 
     international organization. Who was Powell but mayor of some 
     pipsqueak town in the Kansas City suburbs?
       Talk about a miscalculation. When the Olympics officials 
     failed to respond to Powell's polite request, he turned Don 
     Corleone and made an offer they couldn't refuse. Then he 
     embarrassed them by letting the world know.

[[Page 3895]]

       ``I said, `I hate to do this, but whether you like it or 
     not, you're going to come down Johnson Drive . . . I'm going 
     to barricade (Shawnee Mission Parkway) with public works, and 
     you won't have a choice.'''
       A threatened Olympic blockade? Sure enough, they changed 
     the route.
       It recalled the time Powell vowed to pull Mission out of 
     the Mission Chamber of Commerce if the organization changed 
     its name. Powell liked to have his way--and sometimes he 
     played rough to get it.
       Some called the Olympic torch threat self-centered, 
     childish, an embarrassment.
       Yes. Sure. Exactly. And it was bloody marvelous, too.
       Not only did the power play illuminate Powell's character, 
     but it was the kind of leadership we miss so much in local 
     politics these days. Strong and uncompromising.
       Of course, Powell was no T.J. Pendergast and no one ever 
     questioned his honesty or accused him of accepting a payoff. 
     But in his way, he was as tough as Boss Tom, a rarity in an 
     era when most local politicos would rather get along than get 
     their way for the benefit of the community.
       There are a lot of wimps out there. I'd like to think that 
     if Sylvester Powell Jr. had been mayor of Kansas City rather 
     than Mission all these years, there'd have been a whole lot 
     less hand-wringing downtown.
       Cantankerous, shrewd, arrogant and big-hearted, that was 
     Powell. He insisted on building a Cadillac of a community 
     center for his constituents. And he saw to it that his name 
     was on it.
       I once labeled Powell Mission's ``mayor for life.'' He was 
     that. Thirty-five of the last 47 years, he was Mission's 
     chief executive. Critics deplored his overbearing style. But 
     when he died Wednesday at the age of 82, few residents of his 
     tidy little town had called anyone else Hizzoner.
       By the way, when the Olympic torch came through here this 
     year, I noticed that the route through Johnson County came 
     nowhere near the Mission city limits.
       Probably just a coincidence.

       

                          ____________________


            PEACE AND NUCLEAR DISARMAMENT: A CALL TO ACTION

                                 ______
                                 

                        HON. DENNIS J. KUCINICH

                                of ohio

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. KUCINICH. Mr. Speaker, in this time of national crisis, it is 
important for all those who love our country to speak out. I offer 
these thoughts in a spirit of reconciliation.

``. . . Come my friends, 'tis not too late to seek a newer world,'' . . 
.--Alfred Lord Tennyson.

  If you believe that humanity has a higher destiny, if you believe we 
are all ultimately perfectable, if you believe we can evolve, and 
become better than we are; if you believe we can overcome the 
nihilistic scourge of war and someday fulfill the dream of peace and 
harmony on earth, let us begin the conversation today. Let us exchange 
our ideas. Let us plan together, act together and create peace 
together. This is a call for common sense, for peaceful, nonviolent 
citizen action to protect our precious world from widening war and from 
stumbling into a nuclear catastrophe. The climate for conflict has 
intensified, with the struggle between Pakistan and India, the China-
Taiwan tug of war, and the increased bloodshed between Israel and the 
Palestinians.
  United States' troop deployments in the Philippines, Yemen, Georgia, 
Columbia and Indonesia create new possibilities for expanded war. An 
invasion of Iraq is planned. The recent disclosure that Russia, China, 
Iraq, Iran, Syria, North Korea, and Libya are considered by the United 
States as possible targets for nuclear attack catalyzes potential 
conflicts everywhere.
  These crucial political decisions promoting increased military 
actions, plus a new nuclear first-use policy, are occurring without the 
consent of the American people, without public debate, without public 
hearings, without public votes. The President is taking Congress's 
approval of responding to the Sept. 11 terrorists as a license to flirt 
with nuclear war.
  ``Politics ought to stay out of fighting a war,'' the President has 
been quoted as saying on March 13th 2002. Yet Article 1, Section 8 of 
the United States Constitution explicitly requires that Congress take 
responsibility when it comes to declaring war. This President is very 
popular, according to the polls. But polls are not a substitute for 
democratic process. Attributing a negative connotation here to politics 
or dismissing constitutionally mandated congressional oversight belies 
reality:
  Spending $400 billion a year for defense is a political decision. 
Committing troops abroad is a political decision. War is a political 
decision.
  When men and women die on the battlefield that is the result of a 
political decision. The use of nuclear weapons, which can end the lives 
of millions, is a profound political decision. In a monarchy there need 
be no political decisions.
  In a democracy, all decisions are political, in that they derive from 
the consent of the governed.
  In a democracy, budgetary military and national objectives must be 
subordinate to the political process. Before we celebrate an imperial 
presidency, let it be said that the lack of free and open political 
process, the lack of free and open political debate, and the lack of 
free and open political dissent can be fatal in a democracy.
  We have reached a moment in our country's history where it is urgent 
that people everywhere speak out as president of his or her own life, 
to protect the peace of the nation and world within and without.
  We should speak out and caution leaders who generate fear through 
talk of the endless war or the final conflict.
  We should appeal to our leaders to consider their own bellicose 
thoughts, words and deeds are reshaping consciousness and can have an 
adverse effect on our nation.
  Because when one person thinks: fight! he or she finds a fight. One 
faction thinks: war! and starts a war. One nation, thinks: nuclear! and 
approaches the abyss.
  Neither individuals nor nations exist in a vacuum, which is why we 
have a serious responsibility for each other in this world. It is also 
urgent that we find those places of war in our own lives, and begin 
healing the world through healing ourselves. Each of us is a citizen of 
a common planet, bound to a common destiny. So connected are we, that 
each of us has the power to be the eyes of the world, the voice of the 
world, the conscience of the world, or the end of the world. And as 
each one of us chooses, so becomes the world.
  Each of us is architect of this world. Our thoughts, the concepts. 
Our words, the designs. Our deeds, the bricks and mortar of our daily 
lives. Which is why we should always take care to regard the power of 
our thoughts and words, and the commands they send into action through 
time and space.
  Some of our leaders have been thinking and talking about nuclear war. 
In the past week there has been much news about a planning document 
which describes how and when America might wage nuclear war. The 
Nuclear Posture Review recently released to the media by the 
government:
  1. Assumes that the United States has the right to launch a pre-
emptive nuclear strike.
  2. Equates nuclear weapons with conventional weapons.
  3. Attempts to minimize the consequences of the use of nuclear 
weapons.
  4. Promotes nuclear response to a chemical or biological attack.
  Some dismiss this review as routine government planning. But it 
becomes ominous when taken in the context of a war on terrorism which 
keeps expanding its boundaries, rhetorically and literally.
  The President equates the ``war on terrorism'' with World War II. He 
expresses a desire to have the nuclear option ``on the table.'' He 
unilaterally withdraws from the ABM treaty. He seeks $8.9 billion to 
fund deployment of a missile shield. He institutes, without 
congressional knowledge, a shadow government in a bunker outside our 
nation's Capitol. He tries to pass off as arms reduction, the storage 
of, instead of the elimination of, nuclear weapons.
  Two generations ago we lived with nuclear nightmares. We feared and 
hated the Russians who feared and hated us. We feared and hated the 
``godless, atheistic'' communists. In our schools, we dutifully put our 
head between our legs and practiced duck-and-cover drills. In our 
nightmares, we saw the long, slow arc of a Soviet missile flash into 
our very neighborhood.
  We got down on our knees and prayed for peace. We surveyed, wide 
eyed, pictures of the destruction of Nagasaki and Hiroshima. We 
supported the elimination of all nuclear weapons. We knew that if you 
``nuked'' others you ``nuked'' yourself.
  The splitting of the atom for destructive purposes admits a split 
consciousness, the compartmentalized thinking of Us vs. Them, the 
dichotomized thinking, which spawns polarity and leads to war. The 
proposed use of nuclear weapons, pollutes the psyche with the arrogance 
of infinite power. It creates delusions of domination of matter and 
space.
  It is dehumanizing through its calculations of mass casualties. We 
must overcome doomthinkers and sayers who invite a world descending, 
disintegrating into a nuclear disaster. With a world at risk, we must 
find the bombs in our own lives and disarm them. We must listen to that 
quiet inner voice which counsels that the survival of all is achieved 
through the unity of all.

[[Page 3896]]

  The same powerful humanity expressed by any one of us expresses 
itself through each of us. We must overcome our fear of each other, by 
seeking out the humanity within each of us. The human heart contains 
every possibility of race, creed, language, religion, and politics. We 
are one in our commonalities. Must we always fear our differences? We 
can overcome our fears by not feeding our fears with more war and 
nuclear confrontations. We must ask our leaders to unify us in courage.
  We need to create a new, clear vision of a world as one. A new, clear 
vision of people working out their differences peacefully. A new, clear 
vision with the teaching of nonviolence, nonviolent intervention, and 
mediation.
  A new, clear vision where people can live in harmony within their 
families, their communities and within themselves. A new clear vision 
of peaceful co-existence in a world of tolerance.
  At this moment of peril we must move from paralysis of fear. This is 
a call to action: to replace expanded war with expanded peace. This is 
a call for action to place the very survival of this planet on the 
agenda of all people, everywhere. As citizens of a common planet, we 
have an obligation to ourselves and our posterity. We must demand that 
our nation and all nations put down the nuclear sword. We must demand 
that our nation and all nations:
  Abide by the principles of the nuclear Non-Proliferation Treaty. Stop 
the development of new nuclear weapons. Take all nuclear weapons 
systems off alert. Persist towards total, worldwide elimination of all 
nuclear weapons.
  Our nation must: Revive the Anti Ballistic Missile treaty. Sign and 
enforce the Comprehensive Test Ban Treaty. Abandon plans to build a so-
called missile shield. Prohibit the introduction of weapons into outer 
space.
  We are in a climate where people expect debate within our two party 
system to produce policy alternatives.
  However both major political parties have fallen short. People who 
ask ``Where is the Democratic Party?'' and expect to hear debate may be 
disappointed. When peace is not on the agenda of our political parties 
or our governments then it must be the work and the duty of each 
citizen of the world. This is the time to organize for peace. This is 
the time for new thinking. This is the time to conceive of peace as not 
simply being the absence of violence, but the active presence of the 
capacity for a higher evolution of human awareness.
  This is the time to conceive of peace as respect, trust, and 
integrity. This is the time to tap the infinite capabilities of 
humanity to transform consciousness which compels violence at a 
personal, group, national or international levels. This is the time to 
develop a new compassion for others and ourselves.
  It is necessary that we do so, for at this moment our world is being 
challenged by war and premonitions of nuclear annihilation. When 
terrorists threaten our security, we must enforce the law and bring 
terrorists to justice within our system of constitutional justice, 
without undermining the very civil liberties which permits our 
democracy to breathe.
  Our own instinct for life, which inspires our breath and informs our 
pulse, excites our capacity to reason. Which is why we must pay 
attention when we sense a threat to survival.
  That is why we must speak out now to protect this planet and: 
Challenge those who believe in a nuclear right. Challenge those who 
would build new nuclear weapons. Challenge those who seek nuclear re-
armament. Challenge those who seek nuclear escalation. Challenge those 
who would make of any nation a nuclear target. Challenge those who 
would threaten to use nuclear weapons against civilian populations. 
Challenge those who would break nuclear treaties. Challenge those who 
think and think about nuclear weapons, to think about peace.
  It is practical to work for peace. I speak of peace and diplomacy not 
just for the sake of peace itself. But, for practical reasons, we must 
work for peace as a means of achieving permanent security. It is 
similarly practical to work for total nuclear disarmament, particularly 
when nuclear arms do not even come close to addressing the real 
security problems which confront our nation, witness the events of 
September 11, 2001.
  It is practical to work to make war archaic. That is the purpose of 
HR 2459. It is a bill to create a Department of Peace. HR 2459 seeks to 
make non-violence an organizing principle in our society. It envisions 
new structures to help create peace in our homes, in our families, in 
our schools, in our neighborhoods, in our cities, and in our nation. It 
aspires to create conditions for peace within and to create conditions 
for peace worldwide. It considers the conditions which cause people to 
become the terrorists of the future, issues of poverty, scarcity and 
exploitation. It is practical to make outer space safe from weapons, so 
that humanity can continue to pursue a destiny among the stars. HR 3616 
seeks to ban weapons in space, to keep the stars a place of dreams, of 
new possibilities, of transcendence.
  We can achieve this practical vision of peace, if we are ready to 
work for it. People worldwide need to be meet with likeminded people, 
about peace and nuclear disarmament, now. People worldwide need to 
gather in peace, now. People worldwide need to march and to pray for 
peace, now. People worldwide need to be connecting with each other on 
the web, for peace, now.
  We are in a new era of electronic democracy, where the world wide 
web, numerous web sites and bulletin boards enable new organizations, 
exercising freedom of speech, freedom of assembly, freedom of 
association, to spring into being instantly.
  We need web sites dedicated to becoming electronic forums for peace, 
for sustainability, for renewal and for revitalization. We need forums 
which strive for the restoration of a sense of community through the 
empowerment of self, through commitment of self to the lives of others, 
to the life of the community, to the life of the nation, to the life of 
the world.
  Where war making is profoundly uncreative in its destruction, 
peacemaking can be deeply creative. We need to communicate with each 
other the ways in which we work in our communities to make this a more 
peaceful world. I welcome your ideas. We can share our thoughts and 
discuss ways in which we have brought or will bring them into action.
  Now is the time to think, to take action and use our talents and 
abilities to create peace: in our families, in our block clubs, in our 
neighborhoods, in our places of worship, in our schools and 
universities, in our labor halls, in our parent-teacher organizations.
  Now is the time to think, speak, write, organize and take action to 
create peace as a social imperative, as an economic imperative, and as 
a political imperative. Now is the time to think, speak, write, 
organize, march, rally, hold vigils and take other non-violent action 
to create peace in our cities, in our nation and in the world. And as 
the hymn says, ``Let there be peace on earth and let it begin with 
me.''
  This is the work of the human family, of people all over the world 
demanding that governments and non-governmental actors alike put down 
their nuclear weapons. This is the work of the human family, responding 
in this moment of crisis to protect our nation, this planet and all 
life within it. We can achieve both nuclear disarmament and peace, as 
we understand that all people of the world are interconnected, we can 
achieve both nuclear disarmament and peace. We can accomplish this 
through upholding an holistic vision where the claims of all living 
beings to the right of survival are recognized. We can achieve both 
nuclear disarmament and peace through being a living testament to a 
Human Rights Covenant where each person on this planet is entitled to a 
life where he or she may consciously evolve in mind, body and spirit.
  Nuclear disarmament and peace are the signposts toward the uplit path 
of an even brighter human condition wherein we can through our 
conscious efforts evolve and reestablish the context of our existence 
from peril to peace, from revolution to evolution. Think peace. Speak 
peace. Act peace. Peace.

                          ____________________




                        IN SUPPORT OF H.R. 4009

                                 ______
                                 

                          HON. DARRELL E. ISSA

                             of california

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. ISSA. Mr. Speaker, I and my fellow colleagues are introducing 
legislation today because the Immigration and Naturalization Service 
(INS) has not sufficiently proven to Congress that they can fix their 
organization on their own, and because they are continually being 
plagued by the same problems year in and year out. We are offering H.R. 
4009 because we believe accountability is integral to any organization.
  The INS has been inept, irresponsible and deficient in their ability 
to the performance of their duties. This bill will make the entire 
organization responsible, from the highest level down to the entry-
level employee, by taking away restrictions on dismissing INS employees 
and placing them in the same category as FBI employees. This bill will 
also make permanent the authority of the Attorney General to remove, 
suspend, and impose other disciplinary actions on the employees of the 
Immigration and Naturalization Service (INS). We are introducing this 
legislation in direct response to a hearing that was held on March 19, 
2002 in the Judiciary Committee.

[[Page 3897]]

  During the hearing, Commissioner Ziglar accepted responsibility for 
his Agency's action, or non-action. However, I am not confident that 
this will be the last time he will come before the Immigration and 
Claims Subcommittee for his Agency's mistakes.
  My legislation will give the Department of Justice and the INS the 
proper tools to promote accountability. I believe it is a good first 
step on a long journey towards INS reform.

                          ____________________




                     PAYING TRIBUTE TO JOHN WOODARD

                                 ______
                                 

                           HON. SCOTT McINNIS

                              of colorado

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. McINNIS. Mr. Speaker, it is with profound sadness that I pay 
tribute today to Mr. John Woodard, an incredible man, who recently 
passed away at the age of 76. John was loved by each and every person 
whose life he touched, and he will be sorely missed by all who knew and 
loved him. He was a person of unquestioned integrity and of 
unparalleled morality, and is truly an inspiration to us all. As his 
family mourns his loss, I believe it is appropriate to remember John 
and pay tribute to him for his warm heart, and his many contributions 
to Saguache County and the State of Colorado.
  John was born and raised on his family's homestead just southeast of 
Saguache, Colorado, which was founded in the 1890s by his grandfather 
and great-uncle. He completed his higher education at Colorado State 
University, and then returned to the ranch, working with the land as 
both a rancher and a cowboy. John was a life-long rancher and ranching 
educator, creating pamphlets and other materials on the subject. During 
World War II, he took time off from ranching to serve his country in 
the Pacific theatre. John continued his service to his fellow citizens 
by becoming Saguache County Commissioner, selflessly serving three 
terms beginning in 1958. His service and dedication to his community 
and to his state are exactly the attributes that made John the 
incredible person that he was. I, along with the people of Saguache 
County, am grateful for all of the hard work and passion that he lent 
to his job and to his fellow citizens.
  Mr. Speaker, we are all terribly saddened by the loss of John 
Woodard, but take comfort in the knowledge that our grief is 
overshadowed only by the legacy of courage, selflessness and love that 
he left with all of us. His dedication to the community of Saguache 
County was extraordinary, though his life was more so. John Woodard's 
life is the very embodiment of all that makes this country great, and I 
am deeply honored to be able to bring his life to the attention of this 
body of Congress.

                          ____________________




                  COMMENDATION OF THE MOBILITY PROJECT

                                 ______
                                 

                          HON. JOSEPH R. PITTS

                            of pennsylvania

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. PITTS. Mr. Speaker, I would like to commend the work of The 
Mobility Project, an organization which serves the underprivileged with 
disabilities in other nations.
  The Mobility Project has distributed wheelchairs and other mobility 
aids, along with surplus medical supplies and physical therapy 
equipment, free of charge to the disabled poor in Vietnam, Mexico, El 
Salvador, Nicaragua, Pakistan, Afghanistan, and refugee camps in 
Kashmir. The volunteers with The Mobility Project give a tremendous 
amount of time and thorough care into ensuring that each wheelchair or 
mobility aid is properly adjusted to the individual for whom it is 
intended.
  As you may know, in many places of the world the disabled are 
resented or are pushed out of active participation in society. Some are 
even left in as virtual prisoners in their rooms. The work of The 
Mobility Project gives hope to people and offers an avenue for the 
disabled to be productive members of their society. In addition to 
giving wheelchairs and other aids to those in need, The Mobility 
Project helps to provide remedial education, sports programs, and job 
training for the disabled poor.
  I have seen the faces of refugees and other suffering people who have 
received the gift of mobility as a result of the work of this 
organization. I watched the face of a young Pakistani girl who received 
a wheelchair--it will change her life.
  Mr. Speaker, it is important to honor those in our world and in our 
nation who quietly, humbly, and ably serve people in need. The Mobility 
Project volunteers, particularly President and co-founder and Vice 
President and co-founder Ray Terrill, are role models for us all.

                          ____________________




   COMMENDING KANSAS YOUTH FOR THEIR COMMITMENT TO COMMUNITY SERVICE

                                 ______
                                 

                           HON. DENNIS MOORE

                               of kansas

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. MOORE. Mr. Speaker, I would like to congratulate and honor three 
young students from my district who have achieved national recognition 
for exemplary volunteer service in their communities. Ashley Wright, 
Aishling O'Connor, and Emily Gipple have been named three of my state's 
top honorees in the 2002 Prudential Spirit of Community Awards program, 
an annual honor conferred on the most impressive student volunteers in 
each state, the District of Columbia, and Puerto Rico.
  Miss Wright is being recognized for forming a vocal music performance 
class for developmentally challenged adults in her community. Miss 
O'Connor is being recognized for her effort to raise over $30,000 to 
build an intergenerational playground for an inner-city neighborhood. 
Miss Gipple is being recognized for starting a school club that helps 
foreign exchange and limited-English speaking students make friends and 
integrate successfully into both the school and community.
  In light of numerous statistics that indicate Americans are less 
involved in their communities than they once were, it's vital that we 
encourage and support the kind of selfless contribution these young 
citizens have made. People of all ages need to think more about how we, 
as individual citizens, can work together at the local level to ensure 
the health and vitality of our towns and neighborhoods. Young 
volunteers like Miss Wright, Miss O'Connor, and Miss Gipple are 
inspiring examples to all of us, and are among our brightest hopes for 
a better tomorrow.
  The program that brought these young role models to our attention--
The Prudential Spirit of Community Awards--was created by Prudential 
Financial in partnership with the National Association of Secondary 
School Principals in 1995 to impress upon all youth volunteers that 
their contributions are critically important and highly valued, and to 
inspire other young people to follow their example. Over the past seven 
years, the program has become the nation's largest youth recognition 
effort based solely on community service, with nearly 125,000 young 
people participating since its inception.
  Miss Wright, Miss O'Connor, and Miss Gipple should be extremely proud 
to have been singled out from such a large group of dedicated 
volunteers. I applaud Miss Wright, Miss O'Connor, and Miss Gipple for 
their initiative in seeking to make their communities better places to 
live, and for the positive impact they have had on the lives of others. 
They have demonstrated a level of commitment and accomplishment that is 
truly extraordinary in today's world, and deserve our sincere 
admiration and respect. Their actions show that young Americans can--
and do--play an important role in our communities, and that America's 
spirit continues to hold tremendous promise for the future.

                          ____________________




   INTRODUCTION OF THE SOCIAL SECURITY PROGRAM PROTECTION ACT OF 2002

                                 ______
                                 

                         HON. E. CLAY SHAW, JR.

                               of florida

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. SHAW. Mr. Speaker, today I am introducing the ``Social Security 
Program Protection Act of 2002'' to provide the Social Security 
Administration with the additional tools they need to fight activities 
that drain resources from Social Security and undermine the financial 
security of beneficiaries.
  Many Social Security and Supplemental Security Income beneficiaries 
have individuals or organizations called ``representative payees'' 
appointed by the Social Security Administration to help manage their 
financial affairs when they are not capable. At present nearly 7 
million beneficiaries entrust their financial arrangements to ``rep 
payees.'' Representative payees safeguard income and make sure 
expenditures are made for the beneficiary's

[[Page 3898]]

good. Most of them are conscientious and honest, however, some are not. 
The current precautions have not prevented abuse as well as hoped. This 
bill raises the standards for representative payee positions and 
imposes stricter regulation and monetary penalties on those who fail 
their duties and their clients.
  This bill also picks up where our 1996 legislation ended in stopping 
benefit payments to those who have committed crimes. In that year, 
Congress passed provisions denying Supplemental Security Income 
benefits to those individuals fleeing to avoid prosecution or 
confinement. Fugitive felons, however, can still receive Title II 
benefits that come directly out of the Social Security trust funds. 
This is not right and this legislation denies the money to those 
fleeing justice.
  My legislation also provides tools to further protect the integrity 
of Social Security programs, protect Social Security employees from 
harm while conducting their duties, expand the Inspector General's 
ability to stop perpetrators of fraud through new civil monetary 
penalties, and prevent persons from misrepresenting themselves as they 
provide Social Security-related services.
  My legislation not only prevents fraud and protects the Social 
Security programs, it also helps those who are legitimately seeking to 
receive benefits. Provisions from the Attorney Fee Payment System 
Improvement Act of 2001 to improve the attorney fee withholding process 
are also included in this bill. These provisions cap the current fee 
assessment and extend withholding to Supplemental Security Income 
claims, so more individuals with disabilities are able to receive 
needed help navigating a complex application process for benefits.
  And finally, this legislation continues the great work of the Ticket 
to Work and Work Incentives Improvement Act, helping individuals with 
disabilities to have a better, more dignified and independent life.
  Mr. Speaker, if your constituents complain about abuses in the Social 
Security programs, or are angry at fugitive felons receiving government 
benefits, then become a supporter of this legislation. Show those at 
home that you care about this program and the people who depend on it 
and join me in getting this legislation passed this year.

                          ____________________




                    PAYING TRIBUTE TO CHANCE KITTEL

                                 ______
                                 

                           HON. SCOTT McINNIS

                              of colorado

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. McINNIS. Mr. Speaker, I would like to take this opportunity to 
bring to your attention the story of a truly courageous young man from 
my district. Chance Kittel of Grand Junction, Colorado, has recently 
overcome great obstacles, and a potentially life long handicap, to beat 
the odds. Today, he lives a full and active life. It is my honor to 
tell the story of Chance today, for his life speaks volumes about 
courage in the face of difficult and trying circumstances.
  During Christmas of 1997, Chance and his family, like many families 
that time of year, were preparing their home with lights and 
decorations for the upcoming holiday season. It was during this time an 
unfortunate accident occurred and injured young Chance. As he and his 
father Randy were placing the lights over a tree, a power line was 
accidentally caught in the light string. As a result, Chance was badly 
burned, suffering second and third degree burns to his left arm, his 
head, and stomach. In saving his son's life, his father also suffered 
terrible burns to his arms as he pulled Chance free of the lights.
  After his initial treatment, Chance was taken to Children's Hospital 
and began a long ordeal of pain and suffering on the road back to 
recovery. Chance's forty-three day hospital stay involved numerous 
treatment techniques and surgeries to repair his badly damaged body. 
This initial stay was followed by returns to undergo five additional 
surgeries to complete his healing process. I am proud to report that 
today, Chance has recovered remarkably well and now leads a normal and 
active life. His recovery is amazing when you consider that at times, 
his hope of recovery was slim and potentially physically inhibiting. 
But Chance beat the odds, worked hard, put trust in his doctors and 
parents, Randy and Tori, and today is healed.
  Mr. Speaker, Chance's story is similar to this nation's as we move 
through these difficult and healing times. Many Americans suffered on 
that tragic day in September, and today they are on their own road to 
recovery. I believe Chance's optimism and story of recuperation is a 
symbol of hope to them all; that despite the odds and the obstacles in 
their way, they can persevere and recover their lives, as well. Chance, 
you have a bright future ahead, and if you continue to fight with the 
determination and diligence you have demonstrated in your struggle, 
there is nothing that will stand in your way. It is an honor to 
represent you and good luck in your future endeavors.

                          ____________________




                       MIDDLE EAST PEACE PROCESS

                                 ______
                                 

                          HON. DARRELL E. ISSA

                             of california

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. ISSA. Mr. Speaker, I rise today to urge the Administration to 
continue its diplomatic efforts to end the violence in the Middle East. 
Today I introduced H. Res. 374, which affirms the House's commitment to 
the principles stated in UN Security Council Resolution 1397 and 
expresses support for the diplomatic efforts of the General Anthony 
Zinni, to restart the peace process in the Middle East. This resolution 
is a positive statement of our support for the Israeli and Palestinian 
people who are needlessly suffering. It is also a statement of support 
for President Bush's renewed diplomatic initiative to bring both 
parties back to the peace table.
  Over the past 18 months, the Israeli and Palestinian people have been 
locked in a cycle of violence that has only grown worse with each 
passing day. The violence has become particularly bloody in recent 
weeks, with over 270 Palestinian and Israeli people killed in the month 
of March alone.
  There are two unmistakable conclusions that we must draw from this 
violence. First, it is clear that there is no military solution to the 
conflict. Palestinian terrorists must know that murdering innocent 
civilians and forcing the Israeli people to live in fear will not be 
tolerated and can never lead to a fair, just, or lasting peace. 
Likewise the Israeli government must also know that the indiscriminate 
use of force against Palestinian civilians, the targeting of medical 
personnel and ambulances, and effectively forcing the entire 
Palestinian population to live under house arrest, will only further 
enrage the Palestinian people. It will also do little to provide 
security to the Israeli people.
  Second, it is now painfully obvious that the United States cannot 
afford to remain on the sidelines of this conflict. It is clearly in 
our national interest to see a comprehensive, just, and lasting 
resolution to this issue--to see, as UN Security Council Resolution 
1397 states, ``two sovereign states able to reside in peace with one 
another.'' Over the past 18 months, both sides have demonstrated that, 
left to their own devices, peace will remain an impossible goal. It is 
time for the United States to reinvest its diplomatic resources in this 
conflict, and to push both sides back to the peace table.
  Mr. Speaker, I remain stubbornly optimistic that peace is inevitable. 
As the Israeli statesman Abba Eban once said, ``nations are capable of 
acting rationally--but only after they have exhausted all the other 
alternatives.'' Mr. Speaker, I believe that maybe, just maybe, the 
nations of the Middle East have finally exhausted all the alternatives 
and are ready to make peace.
  I am encouraged by Saudi Crown Prince Abdullah's proposal to have 
``full normalization'' of relations with Israel as part of the package 
for a negotiated political settlement. This proposal, coming from one 
what has historically been one of Israel's fiercest enemies, should be 
fully embraced and encouraged by our government. My good friend and 
colleague, John Dingell and I have sent a letter to President Bush 
asking him to continue to further develop this idea with the Saudi 
government. I look forward to the upcoming Arab Summit, where this idea 
will be made into a concrete proposal, and I hope and pray that one day 
we will see the men, women, and children of the Holy Lands, live in 
peace together.

                          ____________________




            THE MILITARY TRIBUNAL AUTHORIZATION ACT OF 2002

                                 ______
                                 

                        HON. DENNIS J. KUCINICH

                                of ohio

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. KUCINICH. Mr. Speaker, I rise as an original cosponsor of the 
Military Tribunal Authorization Act of 2002, introduced today by 
Representative Conyers. This legislation is the companion bill to one 
introduced earlier by Senator Leahy.
  On November 13, 2001, President Bush issued a military order enabling 
the President to order military tribunals for suspected terrorists, 
bypassing the American criminal justice

[[Page 3899]]

system, its rules of evidence and its constitutional guarantees. The 
order directs the Secretary of Defense to issue regulations detailing 
how the tribunals will be conducted. As of today, these regulations 
have not been released.
  Shortly after the announcement of the military order I sent a letter 
to the President, along with thirty-nine other Members, expressing our 
opposition to the use of military tribunals and its violation of 
Constitutional rights. Article 1, Section 8 of the United States 
Constitution, gives Congress both the power ``To declare War'' as well 
as the power ``To define and punish . . . Offenses against the Law of 
Nations.'' Unfortunately, Congress has not been consulted in this 
unilateral establishment of the tribunals. We urge the Secretary of 
Defense to use this legislation as a guide in promulgating regulations 
on military tribunals. If the President is determined to go forward 
with the tribunals this legislation will ensure that constitutional and 
civil rights are protected.
  First, the bill defines who may be tried by military tribunal. Only 
non-United States citizens who assisted in the September 11 attacks, 
found outside of the United States and who are not prisoners of war can 
face trial in a military tribunal.
  Next, the bill lays out the procedural requirements to ensure a 
``full and fair'' hearing against the accused. For example, the accused 
must have a right to independent counsel, the ability to cross-examine 
witnesses and the right to obtain exculpatory evidence from the 
prosecution. Defendants must be presumed innocent until proven guilty 
and that guilt must be determined beyond a reasonable doubt. Defendants 
will also be afforded the right to appeal to the U.S. Court of Appeals 
for the Armed Forces.
  I would like to point out that these procedures in no way provide 
special protections to suspected terrorists. Rather these rules are 
drawn from sources of international law and the Military Rules of 
Evidence. For years the State Department has strongly opposed the use 
of secret courts in countries such as Russia, China, Egypt and Peru. 
Last summer China held secret trials of U.S.-based scholars on 
espionage charges. One of the scholars was a U.S. citizen and another 
two were U.S. permanent residents. We demanded full due process for 
Americans charged with a crime in a foreign country and we should not 
set a different standard for non-citizens.
  The legislation also provides regulations for the detainment of 
suspects and the conditions of detainment. For example, detainees must 
be provided with the basic necessities such as adequate food, water and 
medical attention. In addition, it also allows the free exercise of 
religion.
  Lastly, the legislation requires all proceedings to be made public 
unless it is determined that closed proceedings are necessary for the 
safety of involved parties including witnesses or judges. This openness 
will prove to all Americans and to the world that we have respect for 
basic Constitutional rights. The horrible events of September 11 should 
not cause us to reject the American system of justice.

                          ____________________




 IN COMMEMORATION OF THE GIRLS SCOUTS' 90-YEAR COMMITMENT TO AMERICAN 
                                 GIRLS

                                 ______
                                 

                           HON. DENNIS MOORE

                               of kansas

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. MOORE. Mr. Speaker, for the past 90 years, the Girl Scouts of the 
United States of America (GSUSA) have been pursuing a mission to help 
all girls grow to be strong, positive contributors to society. 
Established on March 12, 1912, with a group of 18 girls, GSUSA has 
since grown to a membership of nearly 3 million girls nationwide, with 
an alumni base of over 50 million women.
  The mission of GSUSA is to empower all girls to develop to their full 
potential. Activities encouraging strong values, leadership, 
responsibility, confidence, and friendship have been core elements of 
the Girl Scout program. The GSUSA seeks to enable young women to grow 
into strong citizens by teaching money and financial management, health 
and fitness, global awareness, and community service. Millions of Girl 
Scouts have, through resources provided through the GSUSA, been 
introduced to the arts, science, math, and technology.
  In my home state of Kansas, 50,000 girls and adults participate in 
Girl Scouts. Local initiatives have included: an anti-violence program 
for girls and mothers; a ``Beyond Bars'' program encouraging Girl Scout 
activities with incarcerated mothers; girls' sport programs that teach 
health and fitness skills, as well as allowing young female athletes 
the opportunity to meet professional female athletes; and several other 
initiatives designed to teach self-confidence, values, integrity, and 
leadership.
  I commend the Girl Scouts of the U.S.A. for their support, 
dedication, and commitment to American girls, and I applaud them, on 
this, their 90th anniversary.

                          ____________________




  AIRLINE WORKERS AND VICTIMS OF TERRORISM MORTGAGE RELIEF ACT OF 2002

                                 ______
                                 

                           HON. BOBBY L. RUSH

                              of illinois

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. RUSH. Mr. Speaker, on September 13, 2001, in response to the 
September 11th tragedy, Secretary Mel Martinez of HUD directed all FHA-
approved lenders to provide a 90-day mortgage forbearance for families 
with FHA insured mortgages who were affected by the recent terrorist 
attacks. ``Affected, borrowers are those individuals who were 
passengers or crew on the four hijacked airliners (American Airlines 11 
and 77, United Airlines 93 and 175), individuals employed on September 
11, 2001, in or near the World Trade Center, or in the Pentagon, and 
individuals whose financial viability was affected by the . . . events 
of [that] day.'' (HUD Mortgage Letter 01-21.)
  As evidenced by the $15 billion bail out that followed the events of 
September 11, the effects felt by the airline industry were amongst the 
most immediate and devastating experienced within the corporate world. 
It follows naturally, that the devastation experienced by the airlines 
was ultimately felt by the 150,000+ employees whose financial viability 
was affected by the ongoing wave of post-September 11th lay offs.
  Also affected by the tragic events of September 11th, are the 
families of those killed, who have experienced considerable difficulty 
in meeting their financial obligations. And while Congress, in creating 
the September 11th Victims Compensation Fund, has worked hard to stem 
the financial devastation felt by thousands of families after September 
11th, there are some who may be falling through the cracks.
  Fortunately there is a measure, which if revived and applied to 
parties affected by the events of September 11th, can help.
  The Airline Workers and Victims of Terrorism Mortgage Relief Act of 
2002 accomplishes this goal by:
  Adopting the expired language of HUD Letter 01-21;
  Making clear that the moratorium on FHA foreclosure outlined in HUD 
Letter 01-21 must apply to (1) laid off employees of foreign and 
domestic air carriers and (2) laid off employees of manufacturers 
aircraft used by foreign or domestic carriers;
  Expanding for all eligible borrowers, the 90-day forbearance to 180 
days from enactment;
  Requiring the Secretary of HUD to inform mortgagees of the 
aforementioned changes;
  Also, those eligible for compensation under the so-called ``9-11 
fund,'' (PL 107-42), would be covered until receipt of compensation 
money;
  Those who opt to forgo the compensation money by bringing suit, 
(Sec. 405(c)(3)(B)(i)), would still be eligible for forbearance for 18 
months after enactment, or until verdict rendered in the first lawsuit, 
whichever comes first, if suit is brought during the 180 day 
forbearance period; and
  The bill also stipulates that coverage under the Act would not count 
as a ``collateral source'' as defined by the Compensation Fund 
language. (Sec. 405(b)(3) provides that the Special Master ``shall 
reduce the amount of compensation . . . by the amount of the collateral 
source compensation the claimant has received or is entitled to 
receive. . . .'')
  In light of HUD Letter 01-21, as well as Congressional concerns over 
the health of the airline industry, and the financial well-being of the 
families of victims of September 11th, the Airline Workers and Victims 
of Terrorism Mortgage Relief Act of 2002 would afford Congress the 
perfect opportunity to give both groups the added assistance that they 
deserve.

                          ____________________




              THE ABANDONED HARDROCK MINES RECLAMATION ACT

                                 ______
                                 

                            HON. MARK UDALL

                              of colorado

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. UDALL of Colorado. Mr. Speaker, today I am introducing the 
Abandoned Hardrock Mines Reclamation Act. This bill is designed to

[[Page 3900]]

help promote the cleanup of abandoned and inactive hardrock mines that 
are a menace to the environment and public health throughout the 
country, but especially in the west.


                             The Background

  For over one hundred years, miners and prospectors have searched for 
and developed valuable ``hardrock'' minerals--gold, silver, copper, 
molybdenum, and others. Hardrock mining has played a key role in the 
history of Colorado and other states, and the resulting mineral wealth 
has been an important aspect of our economy and the development of 
essential products.
  However, as all westerners know, this history has too often been 
marked by a series of ``boom'' times followed by a ``bust'' when mines 
were no longer profitable--because ore bodies were exhausted or not 
economically recoverable with contemporary technology, or because of 
depressed mineral prices. When these busts came, too often the miners 
would abandon their workings and move on, seeking riches over the next 
mountain. The resulting legacy of unsafe open mine shafts and acid mine 
drainages can be seen throughout the country and especially on the 
western public lands where mineral development was encouraged to help 
settle our region.


                              The Problems

  The problems caused by abandoned and inactive mines are very real and 
very large--including acidic water draining from old tunnels, heavy 
metals leaching into streams killing fish and tainting water supplies, 
open vertical mine shafts, dangerous highwalls, large open pits, waste 
rock piles that are unsightly and dangerous, and hazardous dilapidated 
structures.
  And, unfortunately, many of our current environmental laws, designed 
to mitigate the impact from operating hardrock mines, are of limited 
effectiveness when applied to abandoned and inactive mines. As a 
result, many of these old mines go on polluting streams and rivers and 
potentially risking the health of people who live nearby or downstream.
  The full scope of these problems is hard to estimate because many of 
these old mines are in remote regions and because a complete inventory 
does not exist. Some states and federal agencies have done some 
inventory work, but in 1996 the General Accounting Office, after 
reviewing available data, found that many agencies had not done 
thorough surveys and those that did showed a range of results. For 
example, GAO's report showed that the U.S. Forest Service listed about 
25,000 abandoned mine sites within its boundaries, while the U.S. 
Bureau of Mines reported 12,500 sites on Forest Service lands. On the 
other hand, the Mineral Policy Center, a private non-profit group, has 
estimated that over 560,000 sites exist on public and private land. As 
a first step, my bill would provide a source of funds to assist states 
to complete inventories.
  But if we do not know exactly how big the problem is, we already know 
enough to recognize more than inventories will be needed to fully 
address it. In particular, we know that timely solutions will require 
efforts by more entities than just the federal government. We need to 
assist and encourage the states, local governments, and Indian Tribes--
as well as private groups--to join in the work of cleaning up these 
sites.


                         Obstacles To Cleanups

  However, right now there are two serious obstacles to their 
involvement.
  One obstacle is a serious lack of funds for cleaning up sites for 
which no private person or entity can be held liable. For example, the 
1996 GAO report found that the U.S. Forest Service estimated it would 
cost $4.7 billion to clean up abandoned mine sites on its lands alone--
and many other sites are on lands managed by other federal agencies.
  Another obstacle is legal. While the Clean Water Act is one of the 
most effective and important of our environmental laws, as applied it 
can mean that someone undertaking to clean up an abandoned or inactive 
mine will be exposed to the same liability that would apply to a party 
responsible for creating the site's problems in the first place. As a 
result, would-be ``good Samaritans'' understandably have been unwilling 
to volunteer their services to clean up abandoned and inactive mines. 
They have not wanted to be required to secure long-term pollution 
discharge permits and thus face long-term costs and potentially stiff 
fines and penalties.
  For example, near the Keystone ski resort in Colorado is an abandoned 
mine, named the ``Pennsylvania Mine.'' Each minute, the tunnel of this 
mine releases between 30 and 200 gallons of orange-tinted, highly 
acidic water into Peru Creek. That mountain stream flows into the Snake 
River, which in turn feeds into Dillon Reservoir in Summit County--a 
major source of drinking water for many people in our state. To reduce 
this health risk, the state, with some private and federal partners, 
began working to have the contaminants from this mine filtered out by a 
wetland and other methods. However, this effort has come to a halt--
partly because of technical problems with the cleanup method, but more 
importantly because of a recent judicial decision regarding a similar 
situation in California. In that case, the court ruled that ``good 
Samaritans''--like the parties working on the Pennsylvania Mine 
cleanup--could be held liable under the Clean Water Act for creating a 
``point-source'' discharge from a wetland and other techniques and thus 
be liable for permits, costs and penalties. Faced with that prospect, 
the Colorado volunteers abandoned the effort.
  In short, in this case the valiant and laudable efforts of volunteers 
were frustrated by the very laws that are designed to stem this type of 
pollution.
  Unless these fiscal and legal obstacles are overcome, often the only 
route to clean up abandoned mines will be to place them on the nation's 
Superfund list. Colorado has experience with that approach, so 
Coloradans know that while it can be effective it also has 
shortcomings. For one thing, just being placed on the Superfund list 
does not guarantee prompt cleanup. The site will have to get in line 
behind other listed sites and await the availability of financial 
resources.
  In addition, as many communities within or near Superfund sites know, 
listing an area on the Superfund list can create concerns about 
stigmatizing an area and potentially harming nearby property values. 
For example, that is just what is happening in the case of some 
abandoned mines above the communities of Jamestown and Ward in Boulder 
County. These sites are creating water quality concerns for these 
communities and others downstream, and the Environmental Protection 
Agency has been considering placing this old mining region on the 
Superfund list. That would mean that eventually the sites could receive 
attention and cleanup. In the meantime, however, these communities have 
to live with a potential Superfund designation and all the issues and 
concerns associated with that designation.
  We need to develop an alternative approach that will mean we are not 
left only with the options of doing nothing or creating additional 
Superfund sites--because while in some cases the Superfund approach may 
make the most sense, in many others there could be a more direct and 
effective way to remedy the problem.


                     Western Governors Want Action

  For years, the Governors of our western States have recognized the 
need for action to address this serious problem. The Western Governors' 
Association has several times adopted resolutions on the subject. The 
most recent, adopted in August of last year, was entitled ``Cleaning Up 
Abandoned Mines'' and was proposed by Governor Bill Owens of Colorado 
along with Governors Guinn of Nevada, Janklow of South Dakota, and 
Johnson of New Mexico.
  That resolution begins by pointing out that these sites are 
``responsible for threats and impairments to water quality'' throughout 
the west and also often are safety hazards. It notes that their cleanup 
is ``hampered by two issues--lack of funding and concerns about 
liability.'' And it says that Congress should ``protect a remediating 
agency from becoming legally responsible [unless they would be 
otherwise] . . . for any continuing discharges . . . after completion 
of a cleanup project'' and that ``reliable sources of funds that do not 
divert from other important Clean Water programs should be identified 
and made available for the cleanup of hardrock abandoned mines in the 
West.''
  The bill I am introducing today is based directly on those 
recommendations by the Western Governors. It addresses both the lack of 
resources and the liability risks to those doing cleanups.


                          Outline of the Bill

                      Title 1. Funds for Cleanups

  First, the lack of resources. To help fund cleanup projects, the bill 
would create a reclamation fund paid for by a modest fee applied to 
existing hardrock mining operations. The fund would be used by the 
Secretary of the Interior to assist projects to reclaim and restore 
lands and waters adversely affected by abandoned or inactive hardrock 
mines.
  A similar method already exists to fund clean up of abandoned coal 
mines. The Surface Mining Control and Reclamation Act of 1977 (SMCRA) 
provides for fees on coal production. Those fees are deposited into the 
Abandoned Mine Reclamation Fund and used to fund reclamation of sites 
that had been mined for coal and then abandoned before enactment of 
SMCRA. Similarly, my bill provides for fees on mineral production from 
producing hardrock mines.
  In developing this part of the bill, I have followed the lead of a 
1999 resolution of the

[[Page 3901]]

Western Governors Association. That resolution (proposed by Governors 
Guinn of Nevada and Leavitt of Utah), notes that ``While society has 
benefited broadly from the metal mining industry, problems created by 
some abandoned mine lands [are] a significant national concern . . . 
[and] industry can play an important role in the resolution of these 
problems through funding mechanisms'' as well as in other ways.
  In accord with that suggestion, the bill provides for fees that would 
apply to hardrock mines on federal lands or lands that were federal 
before issuance of a mining-law patent. The fees would be paid to the 
Secretary of the Interior and would be deposited in a new Abandoned 
Minerals Mine Reclamation Fund in the U.S. Treasury. Money in that fund 
would earn interest and would be available for reclamation of abandoned 
hardrock mines and associated sites.
  In developing the bill, I decided that a one-fee-fits-all approach 
would not be fair. Instead, the bill provides for only modest fees and 
a sliding scale based on the ability of mines to pay.

                         Mines Exempt from Fees

  To begin with, the bill would entirely exempt mines with gross 
proceeds of less than $500,000 per year. That means many--probably 
most--small operations, such as Alaskan prospectors working individual 
placer claims, will not be liable for any fees under the bill.

                          Calculation of Fees

  For more lucrative mines, fees would be based on the ratio of net 
proceeds to gross proceeds. If a mine's net proceeds were under 10% of 
gross proceeds, the fee would be 2% of the net proceeds. For mines with 
net proceeds of at least 10% but less than 18% of gross proceeds, the 
fee would be 2.5% of net proceeds. Mines where the net proceeds were at 
least 18% but less than 26% of gross proceeds would pay a fee of 3% of 
net proceeds. If the net proceeds were at least 26% but less than 34% 
of gross proceeds, the fee would be 3.5% of net proceeds. Where the net 
proceeds were at least 34% but less than 42% of gross proceeds the fee 
would be 4% of net proceeds. Mines with net proceeds equal to at least 
42% but less than 50% of gross proceeds would pay a fee of 4.5% of net 
proceeds. And mines whose net proceeds were 50% or more of the gross 
proceeds would pay a fee of 5% of the net proceeds.
  For the purpose of calculating these fees, the bill defines gross 
proceeds as the value of any extracted hardrock minerals that are sold, 
exchanged for good or services, exported ready for use or sale, or 
initially used in manufacture or service. Net proceeds are defined as 
how much of the gross proceeds remain after deducting the costs of mine 
development; mineral extraction; transporting minerals for smelting or 
similar processing; mineral processing; marketing and delivery to 
customers; maintenance and repairs of machinery and facilities; 
depreciation; insurance on mine facilities and equipment; insurance for 
employees; and royalties and taxes.

                         Based on Nevada Model

  This method of calculating fees is similar to that used by the State 
of Nevada, which collects similar production-based fees from mines in 
that state. However, the fees in my bill are more moderate than those 
set by the Nevada law in one important respect--Nevada imposes its 
maximum fee rate on all mines with net proceeds of $5 million or more, 
regardless of the ratio between those net proceeds and the gross 
proceeds. My bill does not do that--instead, all of its fees are based 
on the ratio. In other words, under my bill a mine with earnings (i.e., 
net proceeds) of more than $5 million per year still might pay the 
minimum fee if those earnings were less than 10% of the gross proceeds.

              Estimated Proceeds from Fees and Use of Fund

  There are not sufficient data available to say exactly how much money 
would go into the new reclamation fund each year under my bill. 
However, the United States Geological Survey does have information 
about the number of operating copper and gold mines and the State of 
Nevada has data about the money raised by their similar fee system. By 
extrapolating from those data, it is possible to estimate that the fees 
provided for in my bill would generate about $40 million annually for 
the Abandoned Minerals Mine Reclamation Fund.
  Funds in the new reclamation fund would be available for 
appropriation for grants to States to complete inventories of abandoned 
hardrock mine sites, as mentioned above. A state with sites covered by 
the bill could receive a grant of up to $2 million annually for this 
purpose. In addition, and again subject to appropriation, money from 
the new reclamation fund would be available for cleanup work at 
eligible sites.
  To be eligible, a site would have to be within a state subject to 
operation of the general mining laws that has completed its statewide 
inventory. Within those states, eligible sites would be those--(1) 
where former hardrock-mining activities had permanently ceased as of 
the date of the bill's enactment; (2) that are not on the National 
Priorities List under the Superfund law; (3) for which there are no 
identifiable owners or operators; and (4) that lack sufficient minerals 
to make further mining, remining, or reprocessing of minerals 
economically feasible. Sites designated for remedial action under the 
Uranium Mill Tailings Radiation Control Act of 1978 or subject to 
planned or ongoing response or natural resource damage action under the 
Superfund law would not be eligible for cleanup funding from the new 
reclamation fund.
  The Interior Department could use money appropriated from the fund to 
do cleanup work itself or could authorize use of the money for cleanup 
work by a holder of one of the new ``good Samaritan'' permits provided 
for in Title II of the bill.
  Among eligible sites, priorities for funding would be based on the 
presence and severity of threats to public health, safety, general 
welfare, or property from the effects of past mining and the 
improvement that cleanup work could make in restoration of degraded 
water and other resources. The first priority would be for sites where 
effects of past mining pose an extreme danger. After that, priorities 
would be sites where past mining has resulted in adverse effects (but 
not extreme danger) and then those where past mining has not led to 
equally serious consequences but where cleanup work would have a 
beneficial effect.
  Further, the bill recognizes that in Colorado and other states there 
are often concentrations of abandoned mining sites that vary in the 
severity of their threat to the public health and the environment but 
that can and should be dealt with in a comprehensive manner. Therefore, 
it provides that sites of varying priority should be dealt with at the 
same time when that is feasible and appropriate.

              Title II. Protection for ``Good Samaritans''

  Second, the threat of long-term liability. To help encourage the 
efforts of ``good Samaritans,'' the bill would create a new program 
under the Clean Water Act under which qualifying individuals and 
entities could obtain permits to conduct cleanups of abandoned or 
inactive hardrock mines. These permits would give some liability 
protection to those volunteering to clean up these sites, while also 
requiring the permit holders to meet certain standards and 
requirements.
  The bill specifies who can secure these permits, what would be 
required by way of a cleanup plan, and the extent of liability 
exposure. Notably, unlike regular Clean Water Act point-source 
(``NPDES'') permits, these new permits would not require meeting 
specific standards for specific pollutants and would not impose 
liabilities for monitoring or long-term maintenance and operations. 
These permits would terminate upon completion of cleanup, if a regular 
Clean Water Act permit is issued for the same site, or if a permit 
holder encounters unforeseen conditions beyond the holder's control.
  I think such protection would encourage more efforts to resolve 
problems like those at the Pennsylvania Mine.
  Together, these two programs could help us begin to address a problem 
that has frustrated federal and state agencies throughout the country 
and make progress in cleaning up from an unwelcome legacy of our mining 
history. The Pennsylvania Mine and the Jamestown area are but two 
examples--others can be found throughout the west. And as population 
growth continues near these old mines, more and more risks to public 
health and safety are likely to occur. We simply must begin to address 
this issue--not only to improve the environment, but also to ensure 
that our water supplies are safe and usable.

                          ____________________




                   PAYING TRIBUTE TO RAYMOND PETERSON

                                 ______
                                 

                           HON. SCOTT McINNIS

                              of colorado

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. McINNIS. Mr. Speaker, I would like to take this opportunity to 
pay tribute to the life and memory of Raymond Harold Peterson who 
recently passed away in Grand Junction, Colorado on February 17, 2002. 
Raymond, also known as Ray, will always be remembered as a dedicated 
contributor to his community and this nation. His passing is a great

[[Page 3902]]

loss for his family and a town that relied on Ray for his kind heart, 
knowledge, and friendship.
  Raymond was born in Iowa in 1920 and served his country gallantly in 
World War II. As a member of the U.S. Army Fourth Infantry Division, 
Raymond served in Germany during the latter part of the war. His 
actions and wounds were recognized several times throughout the course 
of the war, notably with the Bronze Star Medal for Valor and the Purple 
Heart Medal for wounds sustained in combat. Following his service to 
his country in the war, Raymond married his sweetheart Kathleen in 
November of 1945, eventually settling in Colorado. There he worked for 
the General Services Administration at the Denver Federal Center until 
his retirement in 1967.
  Raymond remained involved in his community throughout his life and 
was often found immersed in his true passion, nature. He is survived by 
his loving wife Kathleen, daughters Judith and Connie, and several 
grandchildren and great-grandchildren. I know the passing of a love one 
is difficult, but I hope his family finds comfort in knowing that 
Raymond's kindness and generosity will live on through his family and 
friends.
  Mr. Speaker, Raymond Peterson will be greatly missed by the many 
whose lives he has touched in the community, and this nation. As a 
veteran, Raymond fought to uphold the values that we as Americans 
cherish dearly today and throughout his career he worked for his fellow 
citizens. I am grateful to Raymond and the many others of his 
generation who gave of themselves selflessly so that we may enjoy the 
freedom of democracy today. It is with a solemn heart that we say 
goodbye and pay our respects to a patriarch of the Peterson family and 
the Grand Junction community.

                          ____________________




              IN RECOGNITION OF THE GIRL SCOUTS OF AMERICA

                                 ______
                                 

                        HON. TODD RUSSELL PLATTS

                            of pennsylvania

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. PLATTS. Mr. Speaker, I rise today in recognition of the Girl 
Scouts of America. The Girl Scouts turn 90 years old this year, and 
have a long and progressive history in our country.
  The Girl Scouts were started in 1912 by Juliette Gordon Lowe. Her 
belief that all girls should experience physical, mental and spiritual 
growth through community involvement soon grew from a 18 member 
organization in 1912, to a 70 thousand member organization in 1920.
  Over the past 90 years, the Girl Scouts have: sold war bonds during 
World War One; led community relief efforts during the Great 
Depression; helped tackle illiteracy with then First Lady, Barbara 
Bush; and most recently, Girl Scouts donated a personal gift of one 
dollar each to help support the children of Afghanistan--no small 
amount with a membership of nearly 4 million girls.
  Within the Senior Girl Scouts division, young women are challenged to 
serve their community through Gold Award projects. Scouts strive for 
two years to earn a series of required badges, pins and patches. A 
scout must then plan and execute a year-long Gold Award project under 
the guidance of a certified volunteer. The Gold Award is the Girl 
Scouts highest award, with less than 4,000 scouts receiving the award 
each year,
  Mr. Speaker, I encourage my colleagues to support their local Girl 
Scout chapter and participate in at least one Gold Award ceremony in 
the next year in order to fully appreciate the hard work and enormous 
effort each Girl Scout must exert to achieve her goal.

                          ____________________




                  CENTRAL AMERICAN SECURITY ACT (CASA)

                                 ______
                                 

                             HON. TOM DAVIS

                              of virginia

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. TOM DAVIS of Virginia. Mr. Speaker, I rise today to introduce the 
Central American Security Act (CASA). This legislation has strong bi-
partisan support, and would give Salvadorans, Guatemalans and Hondurans 
the same opportunity to adjust their immigration status that Congress 
extended to Nicaraguans and Cubans in 1997.
  In 1997, Congress passed the Nicaraguan and Central American Relief 
Act (NACARA) which offered drastically different immigration relief for 
Nicaraguans and Cubans than it did for Salvadorans and Guatemalans, 
despite similar political situations in El Salvador, Guatemala, and 
Honduras. Immigrants arriving here from these countries were all 
fleeing similar circumstances. As a result of this disparity in 
treatment, there are many undocumented Central Americans in the United 
States today who are hard-working, taxpaying, long-term residents with 
no way to regularize their immigration status. Our bill would resolve 
the contradiction.
  While there are strong equity and fairness arguments to provide 
``parity'' to Salvadorans, Guatemalans and Hondurans, we are equally 
interested in the key U.S. foreign policy and national security 
interests in Central America that are served by the proposal.
  After suffering through a string of brutal civil wars, these 
countries now have moderate, democratically-elected governments. They 
have made great progress in respecting human rights and the rule of 
law. These are pro-American, multi-party democracies where political 
violence has been largely eliminated. Yet, these emerging democracies 
remain fragile, ravaged by natural disasters and beset by economic 
hardship. We must do what we can to help and nurture them.
  Hard-working Salvadorans, Guatemalans and Hondurans in the United 
States send billions of dollars home to their families every year. 
These funds strengthen democratic institutions and provide for basic 
human needs. They amount to significantly more than we could ever hope 
to provide in foreign aid. Cutting off these remittances would renew 
economic and political instability in the region, undermine efforts to 
combat terrorism and drug trafficking, and generate massive new 
migration to the United States.
  According to the INS, as many as 8 million undocumented immigrants 
live in the U.S. today. This is a situation profoundly affecting our 
national security, and we should make every effort to change it for the 
better. While we do not have the resources to find and identify all of 
the undocumented aliens in our country, we must give them some 
incentive to come forward and identify themselves. CASA would provide 
that incentive to bring some of these aliens out of the shadows and 
encourage them to register with the federal government.
  Mr. Speaker, it is in our best interest to enhance domestic security 
efforts and to ensure the economic and political stability of Central 
America. Therefore, I urge all of my colleagues to support this fair 
and equitable legislation.

                          ____________________




                     SOCIAL SECURITY PRIVATIZATION

                                 ______
                                 

                           HON. BOBBY L. RUSH

                              of illinois

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. RUSH. Mr. Speaker, there has been a considerable amount of debate 
on how to reform our Social Security System and make it solvent. There 
is no question that we need to reform Social Security. The Social 
Security Trustees estimate cash flow deficits in the system starting in 
2016 with a bankruptcy date of 2038. It is also estimated that the 
system will only be able to pay 73 percent of promised benefits. There 
are many reasons contributing to this depletion, such as increase life 
expectancies and lagging birth rates. However, the crux of the issue is 
how we reform Social Security without raising payroll taxes, cutting 
benefits or allowing the government to invest in stock markets.
  In May 2001, President Bush established a 16-Member Commission on 
Social Security to make recommendations on how to reform Social 
Security. As you know, the Commission issued a final report last 
December that proposed three alternative models for Social Security 
reform that focuses on personal accounts as a central component.
  In two of the proposed alternative models, the Commission claims that 
low income workers and Minorities will fare better if they invest part 
of their Social Security taxes in stocks and bonds. The rationale is 
that Minority groups such as African-Americans are heavily dependent on 
Social Security benefits during retirement and often have little or no 
pension savings or other sources of income. Specifically the two 
alternative models call for the following:
  Alternative Model 2: Workers can voluntarily redirect 4 percent of 
their payroll taxes up to $1000 annually to a personal account (the 
maximum contribution is indexed annually to wage growth). No additional 
contribution from the worker would be required.
  Alternative Model 3: Personal Accounts are created by a match of part 
of the payroll tax--2.5 percent up to $1000 annually (indexed annually 
for wage growth)--for any worker who contributes an additional 1 
percent of wages subject to Social Security payroll taxes.

[[Page 3903]]

  It is unfortunate that the Commission failed to realize that you 
cannot help low income workers and Minorities based on a plan that cuts 
benefits up to 46 percent. These proposals would subject everyone to 
this benefit cut, not just workers who choose to have an individual 
account. Finally, Social Security privatization would expose individual 
workers and their families to much greater financial risk. Under 
privatization, Social Security benefits would no longer be determined 
primarily by a worker's earnings and the payroll tax contributions he 
or she made over their career. Rather, benefit levels would be 
determined by the volatile stock market.
  While it is true that Social Security faces a long-term challenge, 
diverting revenue from Social Security into private accounts will 
seriously undermine our commitment to the retirement security of 
American seniors.

                          ____________________




            PAYING TRIBUTE TO CORPORAL CHRISTOPHER CHANDLER

                                 ______
                                 

                           HON. SCOTT McINNIS

                              of colorado

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. McINNIS. Mr. Speaker, I would like to take this opportunity to 
welcome home an outstanding Marine and true American hero. Marine Cpl. 
Christopher Chandler recently returned home from protecting and 
fighting for our country in Afghanistan. As a young marine, Christopher 
traveled far from American soil to ensure that the attacks of September 
11th on this country would not go unanswered. He has recently returned 
home to Colorado and I would like tell his story before this body of 
Congress and this nation.
  Corporal Christopher Chandler is a member of the 1st Light Armored 
Reconnaissance Battalion, 1st Marine Division of the 15th Marine 
Expeditionary unit. He was stationed at the Kandahar International 
Airport in Afghanistan to ensure peace reigned in the region. While on 
patrol on December 16th, he was injured in an enemy blast, resulting in 
the loss of his left foot and injury to his hand. Following initial 
treatment, he was moved to Walter Reed Army Medical Center where he 
recently finished the initial healing process and began rehabilitation. 
For wounds sustained in combat, Christopher Chandler was awarded the 
Purple Heart medal.
  As his rehabilitation continues, Christopher thrives on the tenacity 
he demonstrated in his endeavor to become a United States Marine. He 
has refused to let his injury harm his spirit and has recovered 
remarkably strong. Believe it or not, Christopher now desires to return 
to active service. He is a remarkable young man, and if he continues to 
prod ahead through his life with the diligence and commitment to 
success he has achieved thus far, there is no limit to his future 
potential.
  Mr. Speaker, I am truly honored today to recognize Corporal 
Christopher Chandler before this body of Congress and this nation. His 
selfless sacrifice to his country serves as a model for all Americans 
who desire to serve their country in the most difficult and trying of 
circumstances. Many young men and women are now serving their nation 
without regard to personal safety to ensure we enjoy the freedoms our 
forefathers paid for so many years ago. We are proud of and honor you 
Christopher, good luck with your recovery, and good luck in your future 
endeavors.

                          ____________________




   SIKH ACTIVIST DETAINED IN CANADA AND BRITAIN AT BEHEST OF INDIAN 
                               GOVERNMENT

                                 ______
                                 

                            HON. DAN BURTON

                               of indiana

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. BURTON of Indiana. Mr. Speaker, Dr. Bhagwan Singh Sandhu, a 
leader of the Sikh Students Federation, was detained at the airports in 
Vancouver and in London last month, apparently at the behest of the 
Indian government. According to information I have received, Dr. Sandhu 
was detained overnight and interrogated by Canadian intelligence agents 
who were in constant contact with Indian officials in Delhi. According 
to Dr. Sandhu, he was told that he was a terrorist, yet no evidence to 
support this claim was produced by authorities in Canada. The same 
thing apparently happened to him on his arrival in London. All records 
of his interrogation were retained by the Indian regime.
  Mr. Speaker, the Indian Government appears to be trying to capitalize 
on the world's heightened concerns about terrorism to harass innocent 
Sikhs beyond its own borders. In the case of Dr. Sandhu, it appears 
that India manipulated our friends in Canada and Great Britain so that 
they would detain Dr. Sandhu. The Council of Khalistan has issued an 
excellent press release on the detention of Dr. Sandhu. It is very 
informative. I would like to place it in the Record at this time.

             [From the Council of Khalistan, Mar. 11, 2002]

   Sikh Activist Arrested in Canada and England at Behest of Indian 
                               Government


                India Terrorizing Sikhs internationally

       Washington, D.C., March 11, 2002.--Dr. Bhagwan Singh 
     Sandhu, a leader of the Sikh Student Federation, was arrested 
     at the Vancouver airport on February 12 on the instructions 
     of the Indian government. Canadian intelligence agents 
     interrogated Dr. Sandhu while they were in constant touch 
     with Indian intelligence in Delhi. They offered no evidence 
     of any involvement by Dr. Sandhu in any terrorist activity in 
     India or any other country. Yet he was labeled a terrorist by 
     the Canadian intelligence operatives. They locked him in a 
     cold, small cell with only a cement bench to lie down on. The 
     following evening, February 13, he was put on a plane to 
     London.
       When Dr. Sandhu arrived in London, the British, acting at 
     the behest of the Indian government arrested him. He was 
     interrogated and searched, then held in jail overnight. He 
     was then sent back to India. The Indian government kept all 
     the papers related to his arrest and detention. When he 
     arrived in India, he was arrested again. He had to get 
     medical attention due to his injuries from his arrests. His 
     letters of protests to the Canadian, British, and Indian 
     authorities have gone unanswered.
       ``This arrest shows the true face of Indian secularism,'' 
     said Dr. Gurmit Singh Aulakh, President of the Council of 
     Khalistan, the organization that leads the Sikh Nation's 
     struggle for independence. ``These illegal arrests show that 
     the Hindu nationalists will reach anywhere to destroy Sikhs 
     and other minorities,'' he said. ``They attacked the Golden 
     Temple in 1984. They have attacked Christian churches, 
     schools, and prayer halls. It has been an ongoing pattern of 
     repression,'' he said.
       ``It is shameful that the Canadian and British governments 
     have gone along with India's repression by illegally 
     arresting and harassing Dr. Sandhu,'' said Dr. Aulakh. ``Dr. 
     Sandhu is a victim of India's tyrannical, fanatical drive to 
     eliminate all minority populations in the service of 
     rampaging Hindu cultural imperialism,'' he said. ``It is 
     clear that the agents at the airports in Vancouver and London 
     were working at the behest of the brutal Indian government, 
     perhaps at its direction since they were apparently in 
     constant contact with Delhi.''
       The Indian government has murdered over 250,000 Sikhs since 
     1984. Over 75,000 Kashrairi Muslims have been killed since 
     1988. More than 200,000 Christians have been killed since 
     1947, along with tens of thousands of Dalits, Tamils, 
     Assamese, Bodos, Manipuris, and other minorities. A report 
     issued last year shows that 52,268 Sikh political prisoners 
     are held in Indian jails, as well as tens of thousands of 
     others. On February 28, 42 Members of the U.S. Congress wrote 
     to President Bush, asking him to work to get these political 
     prisoners freed. Since Christmas 1998, Christians have felt 
     the brunt of the attacks. Priests have been murdered, nuns 
     have been raped, churches have been burned, Christian schools 
     and prayer halls have been destroyed, and no one has been 
     punished for these acts. Militant Hindu fundamentalists 
     allied with the RSS, the pro-Fascist parent organization of 
     the ruling BJP, burned missionary Graham Staines and his two 
     young sons to death.
       Last year, a cabinet member said that everyone living in 
     India must be a Hindu or be subservient to Hindus. In July 
     1997, Narinder Singh, a spokesman for the Golden Temple, told 
     National Public Radio, ``The Indian government, all the time 
     they boast that they're democratic, they're secular, but they 
     have nothing to do with a democracy, they have nothing to do 
     with a secularism. They try to crush Sikhs just to please the 
     majority.''
       ``The only way to escape this government-supported violence 
     and tyranny is for the Sikhs, Christians, Muslims, and other 
     minorities to claim their freedom from India,'' Dr. Aulakh 
     said. ``That is the only way to prevent the Hindu theocracy 
     from wiping us out,'' he said. ``We must launch a Shantmai 
     Morcha (peaceful agitation) to liberate Khalistan,'' he said.
       ``Sikhs are a separate nation and ruled Punjab until 1849. 
     No Sikh leader has signed the Indian constitution. The people 
     of South Asia must have self-determination now,'' Dr. Aulakh 
     said. ``India is on the verge of disintegration, as Steve 
     Forbes predicted in the current issue of Forbes magazine,'' 
     he said. ``Khalistan will be free by 2008.''


[[Page 3904]]



                          ____________________


                               FALUN GONG

                                 ______
                                 

                            HON. MARK UDALL

                              of colorado

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. UDALL of Colorado. Mr. Speaker, I rise today to speak out against 
the religious persecution of Falun Gong practitioners in mainland 
China. Falun Gong representatives believe that over 100,000 Falun Gong 
practitioners have been arrested. Tens of thousands have been thrown 
into labor camps without trial, and at least 1,000 healthy 
practitioners have been put into mental hospitals and have suffered 
illegal psychiatric abuse. It has also been reported that between 365 
and 1,600 people have been killed in police custody.
  It is thought that there are as many as 100 million Falun Gong 
practitioners worldwide. Falun Gong believers hold that this spiritual 
practice instills the three principles of truthfulness, compassion and 
tolerance. They would merely like the opportunity to peacefully 
practice their beliefs without fear of torture or imprisonment.
  Mr. Speaker, I ask my colleagues to join me in supporting Falun Gong 
and its practitioners' quest for peace and tolerance.

                          ____________________




 A TRIBUTE TO DR. SOSSINA HAILE, 27TH CONGRESSIONAL DISTRICT WOMAN OF 
                             THE YEAR--2002

                                 ______
                                 

                          HON. ADAM B. SCHIFF

                             of california

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. SCHIFF. Mr. Speaker, I rise today to honor Women's History Month. 
Each year, we pay special tribute to the contributions and sacrifices 
made by our nation's most notable women during the month of March and 
it is my honor to not only recognize women of the past but to also 
recognize women who are making a difference in my community. While a 
month of remembrance is certainly not sufficient, I am honored today to 
pay homage to such women as Eleanor Roosevelt, Sandra Day O'Connor, 
Harriet Tubman, Sally Ride and all the women of my Congressional 
District, whose contributions have made a profound difference in the 
face and fabric of our nation.
  It is a special privilege to recognize an outstanding woman of 
California's 27th Congressional District. Dr. Sossina M. Haile is a 
well-respected and valuable member of the educational community in my 
district and her work as a professor and advisor are important in 
helping to shape the face and scope of research in this country.
  Dr. Haile received her Bachelor of Science degree in Math, Science 
and Engineering from MIT and went on to receive her M.S. degree in the 
same discipline from the University of California, Berkeley. She 
returned to her alma mater, MIT, where she earned a Ph.D.
  She began her professional career in education at the Max-Planck-
Institut fur Festkorperforschung in Stuttgart, Germany as a Fulbright 
then Humboldt Fellow between October 1991 and August 1993. She served 
as the Department of Materials Sciences and Engineering's Battellee 
Assistant Professor at the University of Washington from September 1993 
to September 1996. In the fall of 1996 she became an Assistant 
Professor in the Materials Science Department at the California 
Institute of Technology and I am happy to announce that she was 
recently granted an Associate Professorship at Caltech in the fall of 
last year.
  Over her academic years, Dr. Haile has compiled an impressive and 
outstanding list of notable awards and accomplishments. She was named 
an award recipient as a National Young Investigator from 1994 to 1999 
and was presented the Hardy Award in 1997 for exceptional promise of 
success in materials science. In 2000 she was honored with the Coble 
Award in recognition of outstanding research in ceramic science and in 
2001 was presented with the J. Wagner Award for significant 
contributions towards the understanding of high-temperature, ion-
conducting materials.
  One of her greatest contributions to our community is the research 
which she is undertaking and the doctoral, masters, and senior theses 
students which she is guiding along this journey. Dr. Haile's time and 
efforts are certainly appreciated not only by the science community but 
also by the sixteen students which she mentors and guides so well.
  I ask all Members of Congress to join me today in honoring an 
outstanding and extraordinary woman of California's 27th Congressional 
District, Dr. Sossina Haile. The entire community joins me in thanking 
Sossina for her continued efforts to make the 27th Congressional 
District a place of academic excellence and continued research success.

                          ____________________




                        HOMELAND SECURITY ISSUES

                                 ______
                                 

                          HON. ADAM H. PUTNAM

                               of florida

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. PUTNAM. Mr. Speaker, in order to maintain our position in the 
world economy America's border security must be highly efficient, 
posing little or no obstacle to legitimate trade and travel. Yet, 
America's borders--land, air or sea--are our first line of defense in 
the war on terrorism. Our budget makes a bold step toward establishing 
the border of the future. It begins the process of integrating active 
measures abroad to screen goods and people, inspections at the border, 
and measures within the United States to ensure compliance with entry 
and import permits. Federal border control agencies are provided more 
resources to establish a seamless information-sharing system that 
allows for coordinated communication with the broader law enforcement 
and intelligence gathering communities. Funding the use of advanced 
technology to track the movement of cargo and the entry and exit of 
individuals is essential to the task of managing the movement of 
hundreds of millions of individuals, conveyances, and vehicles.
  Customs: The 2003 Budget increases the inspection budget of the 
Customs Services by $619 million, for a total of $2.3 billion. This 
additional funding increases the ability of the Customs Service to 
fulfill its critical border security role. Specifically, the additional 
resources in the 2003 Budget will allow the Customs Service to achieve 
two key objectives: Acquisition of Additional Personnel and New 
Technology.
  Coast Guard: The 2003 Budget increases funding for the Coast Guard's 
homeland security-related missions (protecting ports and coastal areas, 
as well as interdiction activities) by $282 million, to an overall 
level of $2.9 billion. After September 11, the Coast Guard's port 
security mission grew from approximately 1-2 percent of daily 
operations to between 50-60 percent today. However, we must recognize 
that the Coast Guard's other important missions, such as suppressing 
illegal immigration, drug interdiction and search and rescue remain 
vital to our constituents and coastal communities.
  INS: We have also included sense of the House language that the $380 
million in Function 750 will be used by the Immigration and 
Naturalization Service to implement a visa tracking system.


                      Supporting First Responders

  America's first line of defense in any terrorist attack are our 
``first responders''--local police, firefighters, and emergency medical 
professionals. Properly trained and equipped first responders have the 
greatest potential to save lives and limit casualties after a terrorist 
attack. The FY 2003 Budget directs $37.7 billion to homeland security, 
up from $19.5 billion in 2002.
  As a first step in our commitment to improving ``consequence 
management'' we passed H.R. 3448, the Public Health Security and Bio-
terrorism Response Act of 2001. H.R. 3448 is intended to better prepare 
America for bio-terrorist threats or other public health emergencies by 
improving America's ability to respond effectively and quickly to such 
threats. This sweeping legislation will cover everything from public 
health preparedness and improvements, to enhancing controls on deadly 
biological agents, to protecting our food, drug and drinking water 
supplies. Our Budget proposes to spend $3.5 billion on enhancing the 
homeland security response capabilities of America's first responders--
a greater than 10-fold increase in Federal resources to ensure that the 
people on the frontline of our defense have the training, equipment and 
technology necessary to protect them and protect our homeland.


                 Defending Against Biological Terrorism

  One of the most important missions we have as a Nation is to be 
prepared for the threat of biological terrorism--the deliberate use of 
disease as a weapon. An effective bio-defense will require a long-term 
strategy and significant new investment in the U.S. health care system 
to defend against attacks on our population and economic attacks 
against our agricultural infrastructure. The President's Budget for 
2003 devotes $2.4 billion to jump-starting the research and development 
process needed to provide America with the medical tools needed to 
support an effective response to bio-terrorism.
  This new funding will focus on: (1) Infrastructure. Strengthen the 
State and local

[[Page 3905]]

health systems, including by enhancing medical communications and 
disease surveillance capabilities, to maximize their contribution to 
the overall bio-defense of the Nation. (2) Response. Improve 
specialized Federal capabilities to respond in coordination with State 
and local governments, and private capabilities in the event of a 
bioterrorist incident and build up the National Pharmaceutical 
Stockpile. (3) Science. Meet the medical needs of our bio-terrorism 
response plans by developing specific new vaccines, medicines, and 
diagnostic tests through an aggressive research and development 
program. (4) Agriculture. I introduced HR 3198 because I believe 
threats of agricultural bioterrorism should receive the same level of 
priority as other terrorist threats. The FY 2003 budget makes important 
steps in this direction by calling for $74.4 billion in spending, an 
increase of $11 billion over the FY 2002 budget, and $6 billion above 
actual budget outlays in FY 2001. Significant funding increases in the 
agriculture budget that relate to homeland security and the protection 
of agriculture are a $48 million increase for animal health monitoring, 
a $19 million increase in the Agricultural Quarantine Inspection (AQI) 
program for improved point-of-entry inspection programs and a $12 
million increase for programs to expand diagnostic, response, 
management and other technical services within the Animal Plant Health 
Inspection Services (APHIS).


            Non-Proliferation of Weapons of mass Destruction

  Nuclear weapons technology is now almost 70 years old, chemical and 
biological weapons technology is almost 100 years old. Nuclear weapons, 
and other weapons of mass destruction, are no longer the exclusive 
province of the major powers of the First World. Since the Soviet Union 
became a nuclear power in 1949 five countries have established 
significant arsenals of nuclear weapons; China, France, Russia, the 
United Kingdom, and the United States. India, Pakistan, Israel, and 
possibly North Korea are also reported to have nuclear weapons.
  With the break up of the Soviet Union, nuclear weapons materials and 
production equipment may be available on the international black-market 
or may be transferred from one state to another. Additional countries 
may therefore be able to develop nuclear weapons if they are able to 
obtain fissile material. Even terrorist groups may acquire and use 
radiological weapons that use a conventional explosive to disperse 
deadly radioactive material, evidence of such intentions has reportedly 
been found in Afghanistan.
  Our Budget recognizes the importance of non-proliferation to our 
Homeland Security effort. The resolution accommodates the President's 
request for $1.12 billion for Defense Nuclear Nonproliferation in 
fiscal year 2003, a 39 percent increase over pre-September 11th 
funding: including International Nuclear Materials Protection, 
(increased 67 percent, to $233 million) Nonproliferation Research and 
Development, (increased 38 percent to $284 million) and Fissile 
Materials Disposition, (accommodates the President's funding request of 
$350 million, a 40-percent increase above the previous year).
  While much of our past focus has been on the non-proliferation of 
nuclear weapons we must recognize that other weapons of mass 
destruction, such as chemical and biological weapons, also pose a very 
real and present threat. Earlier this week, President Bush articulated 
his administration's doctrine for dealing with this threat, ``Men with 
no respect for life must never be allowed to control the ultimate 
instruments of death. Against such an enemy, there is no immunity, and 
there can be no neutrality.'' Our Budget provides the President with 
the resources he needs to continue our non-proliferation efforts and, 
if necessary, confront any nation posing a threat with chemical, 
biological or nuclear weapons.

                          ____________________




                     PAYING TRIBUTE TO DALE SHERFEY

                                 ______
                                 

                           HON. SCOTT McINNIS

                              of colorado

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. McINNIS. Mr. Speaker, I would like to take this opportunity to 
recognize an outstanding individual from Penrose, Colorado. Over the 
years, Dale Sherfey has distinguished himself as a businessman, a 
community leader, and a vital participant in maintaining civic 
responsibilities throughout the region. Dale's achievements are 
impressive, and it is my honor to recognize several of those 
accomplishments today. Dale is a generous soul whose good deeds and 
actions certainly deserve the recognition he has recently received.
  Dale is the owner and operator of a local feed store in Penrose, a 
successful business he has run for many years. He has carried on a long 
tradition of quality guidance and service to his many clients in the 
area, resulting in an operation dedicated to remaining true to high 
standards of honesty and integrity. His success in the industry has led 
to several honors including a recent tribute presented by the Colorado 
House of Representatives.
  Throughout his success, Dale and wife Kathy, have remained active in 
their community. They have actively volunteered their time and energies 
to many local community organizations and Dale is frequently seen about 
the area lecturing to 4-H groups and farmers.
  Mr. Speaker, Dale Sherfey's achievements have also recently been 
rewarded by his community through the Penrose Chamber. The chamber 
named Dale the Penrose Chamber Distinguished Citizen of the Year, an 
award given to an outstanding and well deserving individual who has 
selflessly given of themselves to directly benefit their community. It 
is now my honor to congratulate Dale on his most recent and well-
deserved award from this organization by bringing his good deeds to the 
attention of this body of Congress, and this nation. Dale, you have 
been a model citizen for Penrose and Colorado and I extend my thanks 
for your efforts. Keep up the good work and good luck to you and your 
wife Kathy in your future endeavors.

                          ____________________




              CELEBRATING AS AFGHAN GIRLS RETURN TO SCHOOL

                                 ______
                                 

                          HON. HILDA L. SOLIS

                             of california

                    in the house of representatives

                       Wednesday, March 20, 2002

  Ms. SOLIS. Mr. Speaker, I rise today to celebrate the end of a five-
year ban on girls attending school in Afghanistan.
  On Saturday, for the first time since the oppressive Taliban regime 
usurped control of Afghanistan, young women will finally be able to 
return to the process of learning without fear of punishment, violence 
or even death.
  It is fitting that we celebrate this new beginning today--March 21st, 
New Year's Day in Afghanistan--for today is truly a new day for this 
desert nation in central Asia.
  Today, home schools that were deemed illegal under Taliban rule are 
moving out from beneath the cloak of secrecy and into the light of 
legitimacy.
  Today, girls who once shared a few outdated books and a handful of 
pens and notebooks now have access to some of the 40,000 stationary 
kits, 10,000 School-in-a-Box kits, 7.8 million, textbooks and 18,000 
chalkboards provided by the UNICEF Back-to-School Campaign.
  Today, women and girls who once hid their instruments of learning 
under their shawls as they cautiously made their way home after a 
lesson can now carry books through the streets without fear.
  Prior to the civil war that propelled the Taliban to power, women in 
Afghanistan, and especially the capital of Kabul, were highly educated 
and employed.
  Seventy percent of school teachers, 50 percent of civilian government 
workers and 40 percent of doctors in Kabul were women.
  And at Kabul University, females comprised half of the student body 
and 60 percent of the faculty.
  In fact, the Afghani Constitution, which was ratified in 1964, had an 
equal rights provision for women contained within it.
  It is clear that in order for women in Afghanistan to regain a 
position of equality, quality education programs must be made available 
to the girls in Afghanistan.
  I commend UNICEF and the Interim Afghan Government for the Back-to-
School effort and look forward to seeing more than 1.5 million children 
on the school-house steps on Saturday.

                          ____________________




                 NO--TO REVIVING MILITARY CONSCRIPTION

                                 ______
                                 

                             HON. RON PAUL

                                of texas

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. PAUL. Mr. Speaker, I rise to introduce legislation expressing the 
sense of Congress that the United States government should not revive 
military conscription. Supporters of conscription have taken advantage 
of the events of September 11 to renew efforts to reinstate the 
military draft. However, reviving the draft

[[Page 3906]]

may actually weaken America's military. Furthermore, a military draft 
violates the very principles of individual liberty this country was 
founded upon. It is no exaggeration to state that military conscription 
is better suited for a totalitarian government, such as the recently 
dethroned Taliban regime, than a free society.
  Since military conscription ended over 30 years ago, voluntary armed 
services have successfully fulfilled the military needs of the United 
States. The recent success of the military campaign in Afghanistan once 
again demonstrates the ability of the volunteer military to respond to 
threats to the lives, liberty, and property of the people of the United 
States.
  A draft weakens the military by introducing tensions and rivalries 
between those who volunteer for military service and those who have 
been conscripted. This undermines the cohesiveness of military units, 
which is a vital element of military effectiveness. Conscripts are also 
unlikely to choose the military as a career; thus, a draft will do 
little to address problems with retention. With today's high-tech 
military, retention is the most important personnel issue and it seems 
counter-productive to adopt any policy that will not address this 
important issue.
  If conscription helps promote an effective military, then why did 
General Vladisova Putilin, Chief of the Russian General Staff, react to 
plans to end the military draft in Russia, by saying ``This is the 
great dream of all servicemen, when our army will become completely 
professional . . .?''
  Instead of reinstating a military draft, Congress should make 
military service attractive by finally living up to its responsibility 
to provide good benefits and pay to members of the Armed Forces and our 
nation's veterans. It is an outrage that American military personnel 
and veterans are given a lower priority in the federal budget than 
spending to benefit politically powerful special interests. Until this 
is changed, we will never have a military which reflects our nation's 
highest ideals.
  Mr. Speaker, the most important reason to oppose reinstatement of a 
military draft is that conscription violates the very principles upon 
which this country was founded. The basic premise underlying 
conscription is that the individual belongs to the state, individual 
rights are granted by the state, and therefore politicians can abridge 
individual rights at will. In contrast, the philosophy which inspired 
America's founders, expressed in the Declaration of Independence, is 
that individuals possess natural, God-given rights which cannot be 
abridged by the government. Forcing people into military service 
against their will thus directly contradicts the philosophy of the 
Founding Fathers. A military draft also appears to contradict the 
constitutional prohibition of involuntary servitude.
  During the War of 1812, Daniel Webster eloquently made the case that 
a military draft was unconstitutional: ``Where is it written in the 
Constitution, in what article or section is it contained that you may 
take children from their parents, and parents from their children, and 
compel them to fight the battles of any war, in which the folly or the 
wickedness of Government may engage it? Under what concealment has this 
power lain hidden, which now for the first time comes forth, with a 
tremendous and baleful aspect, to trample down and destroy the dearest 
rights of personal liberty? Sir, I almost disdain to go to quotations 
and references to prove that such an abominable doctrine had no 
foundation in the Constitution of the country. It is enough to know 
that the instrument was intended as the basis of a free government, and 
that the power contended for is incompatible with any notion of 
personal liberty. An attempt to maintain this doctrine upon the 
provisions of the Constitution is an exercise of perverse ingenuity to 
extract slavery from the substance of a free government. It is an 
attempt to show, by proof and argument, that we ourselves are subjects 
of despotism, and that we have a right to chains and bondage, firmly 
secured to us and our children, by the provisions of our government.''
  Another eloquent opponent of the draft was former President Ronald 
Reagan who in a 1979 column on conscription said: ``. . . it rests on 
the assumption that your kids belong to the state. If we buy that 
assumption then it is for the state--not for parents, the community, 
the religious institutions or teachers--to decide who shall have what 
values and who shall do what work, when, where and how in our society. 
That assumption isn't a new one. The Nazis thought it was a great 
idea.''
  President Reagan and Daniel Webster are not the only prominent 
Americans to oppose conscription. In fact, throughout American history 
the draft has been opposed by Americans from across the political 
spectrum, from Henry David Thoreau to Barry Goldwater to Bill Bradley 
to Jesse Ventura. Organizations opposed to conscription range from the 
American Civil Liberties Union to the United Methodist Church General 
Board of Church and Society, and from the National Taxpayers Union to 
the Conservative Caucus. Other major figures opposing conscription 
include current Federal Reserve Chairman Alan Greenspan and Nobel 
Laureate Milton Friedman.
  In conclusion, Mr. Speaker, I ask my colleagues to stand up for the 
long-term military interests of the United States, individual liberty, 
and values of the Declaration of Independence by cosponsoring my sense 
of Congress resolution opposing reinstatement of the military draft.

                          ____________________




        A.D. AND SHIRLEY McGREGOR: A GIFT OF LOVE AND GENEROSITY

                                 ______
                                 

                          HON. JAMES A. BARCIA

                              of michigan

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. BARCIA. Mr. Speaker, I rise today to honor a very special couple, 
A.D. and Shirley McGregor of Spaulding Township, Michigan, as they 
prepare to celebrate fifty years of marriage and a loving commitment to 
each other and their community. They have not only shared their 
tremendous capacity for love and giving with their son, Allen, his 
wife, Nancy, and granddaughter, Nicole, but they have both literally 
and figuratively played Santa Claus and Mr. Claus for much of the 
citizenry of Saginaw County.
  The list of the many volunteer organizations graced by the McGregors' 
efforts over the years is long and impressive, including the Michigan 
Avenue Baptist Church in Saginaw, the Salvation Army, various rescue 
missions, the Sagniaw County Historical Society, CROP Walk for the 
Hungry, the Saginaw Fair and a host of other non-profits.
  Of particular note is their involvement with Saginaw Community 
Hospital, where they have spent untold hours entertaining and helping 
patients. Elderly patients and others have derived much pleasure from 
the McGregors' musical interludes, with A.D. leading the sing-along and 
Shirley at the piano playing ``God Bless America'' or ``Let Me Call You 
Sweetheart.'' During the Christmas holiday season, the McGregors have 
become synonymous with the Yuletide spirit as they have donned red 
coats and white-furred hats to dress as Santa Claus and Mrs. Claus for 
visits to area hospital and charitable events.
  Those familiar with volunteer work in Saginaw can hardly remember a 
time when the McGregors were not involved in one or another activity. 
A.D. and Shirley have volunteered for various organizations since 
before they were married at Fordney Avenue Baptist Church in 1952. In 
fact, as a young girl, Shirley used to accompany her father, Elmer 
Hopkins, when he sang and played the organ for local organizations. 
Both A.D. and Shirley learned at an early age that they had a 
responsibility to return some of their blessings to the wider 
community.
  Mr. Speaker, I ask my colleagues to join me in congratulating A.D. 
and Shirley for fifty years of marital happiness and for a lifetime of 
loving and giving. I am confident their kind hearted generosity will 
continue to know no bounds.

                          ____________________




                      PAYING TRIBUTE TO JOE JESIK

                                 ______
                                 

                           HON. SCOTT McINNIS

                              of colorado

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. McINNIS. Mr. Speaker, I would like to take this opportunity to 
pay tribute to Mr. Joe Jesik and recognize his contributions to this 
nation. A resident of Pueblo, Colorado, Joe began his service as a 
sailor during World War II when he joined the Navy and served in the 
Pacific Theatre. During his tour, Joe was stationed on the light 
cruiser USS Honolulu, which was involved in numerous engagements and 
battles throughout the South Pacific. He was recently awarded several 
decorations for his service over fifty years ago, and it is my pleasure 
to recognize his awards and service before this body of Congress and 
this nation today.
  The USS Honololu was in involved numerous engagements throughout the 
war and is credited with the sinking of a Japanese cruiser, four 
destroyers, and four enemy aircraft. Joe's exploits and service to his 
country were recently brought to light by his immediate family through 
a surprise ceremony attended by almost two hundred relatives. At the 
ceremony, Joe was presented with several long overdue decorations for 
his service to his nation during the war. Among the decorations awarded 
at the ceremony are the Navy Good

[[Page 3907]]

Conduct Medal, the American Campaign Medal, the World War II Victory 
Medal, the Navy Presidential Unit Citation Ribbon, the Navy Unit 
Commendation Medal, and the Philippine Presidential Unit Citation 
Ribbon. Thanks to his loving family of twelve sons and daughters, and 
his dedicated wife Lucille, Joe is now properly recognized by his 
nation for his service to our armed forces and commitment to his 
nation.
  Mr. Speaker, it is a great privilege that I recognize Joe Jesik and 
his selfless sacrifice to this nation. Many men and women of his 
generation gave their lives long ago so that today we can enjoy the 
right and privilege of freedom. Joe Jesik served selflessly in a time 
of great need, bringing credit to himself, to his family, and a 
grateful nation. It is an honor to recognize the service of this 
veteran before this body of Congress today, as he certainly deserves 
the thanks of this grateful nation. Thanks Joe for your service, and 
good luck in your future endeavors.

                          ____________________




                       HONORING ELAINE CARDONICK

                                 ______
                                 

                         HON. ROBERT A. BORSKI

                            of pennsylvania

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. BORSKI. Mr. Speaker, I rise today in honor of Elaine Cardonick, a 
devoted teacher who gave the last days of her life to her students at 
the Loesche Elementary School in Northeast Philadelphia. Mrs. 
Cardonick, despite being very ill, would not allow her class of 
autistic children to be disturbed and upset by her absence. She was 
with her class when the tragic events of September 11th occurred, and 
finally went to the emergency room following the subsequent early 
closing of schools. Mrs. Cardonick passed away in the hospital the 
following day.
  Elaine Cardonick began teaching in 1964 and was a special education 
teacher for most of her long and distinguished career. Over the course 
of thirty-seven years, she was an inspiration to hundreds of young 
children who are challenged daily to achieve their best in school and 
in life.
  Mrs. Cardonick's actions in putting her students' welfare before her 
own are a shining example of what love and duty really mean. She was an 
inspiration to the students and faculty at the Loesche Elementary 
School and will be remembered as a hero.
  On March 22, 2002, a plaque will be dedicated by the faculty at the 
Loesche Elementary School, in memory of Elaine Cardonick. Each year, 
the plaque will be engraved with the name of a ``special'' child who, 
despite having a disability or handicap, made every effort to achieve 
their best. This award was created to commemorate the courage and 
determination that Mrs. Cardonick exemplified throughout her career, 
and especially in September of 2001.
  Elaine' love and kindness touched the lives of so many: her students, 
her colleagues, and her family. She is survived by her husband, three 
children, and three grandchildren. She will be missed by all who knew 
her.
  Mr. Speaker, I salute Mrs. Elaine Cardonick and the ideals she 
represented and inspired in all of her students at the Loesche 
Elementary School in Philadelphia.

                          ____________________




    HONORING ANNE CONSIDINE FOR TWENTY-FIVE YEARS OF SERVICE TO CYHA

                                 ______
                                 

                        HON. MICHAEL E. CAPUANO

                            of massachusetts

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. CAPUANO. Mr. Speaker, I rise today to honor a very special person 
from my district. Special, because she embodies the characteristics of 
a special place. Anne Considine is an extra-ordinary person who has 
demonstrated how an individual can impact their corner of the world in 
very ordinary ways. Her corner of the world is Charlestown, 
Massachusetts, where she is being honored this Saturday evening for her 
twenty-five years of dedicated service to the Charlestown Youth Hockey 
Association (CYHA).
  Plain and simple, Anne Considine is a ``hockey mom''. Long before the 
political pundits of the 1990's realized the power soccer moms have in 
impacting political change, Anne Considine was improving her community 
through youth hockey. Piling the children into the family car for early 
morning ice time is an expected duty of a hockey parent in Boston. 
However, twenty-five years ago in most families, and in most 
neighborhoods, that would have been dad's job alone. Long before women 
reached Olympic and World Cup glory through hockey and soccer, Anne 
Considine was known as someone who could tighten a mean skate. Anne's 
influence in her community did not stop at the rink or at the doorstep 
of her home at 10 Tufts Street in the Bunker Hill Housing Projects.
  Anne's dedication to the neighborhood of Charlestown is well known 
throughout the community. Anne's passion for hockey, however, is what 
allowed her to reach out to her community and her neighbors as someone 
whose opinions should be respected. As a CYHA coach, president and 
parent, there was no one more tenacious on the bench or in the 
boardroom. As tough a competitor as Anne could be at times, people 
dealing with her knew that she possessed a hockey attitude spurred from 
a mother's love. This was a passion not limited to just her children 
but was felt by all the children of Charlestown Youth Hockey. During 
Anne's tenure with CYHA, her guidance was available to all the athletes 
regardless of their ability to play or pay. Anne's leadership resulted 
in the initiation of the Green Team, which allows youth that can not 
afford the ever-escalating costs of playing hockey to realize a dream. 
To some of these kids just being able to take the ice as a youth is as 
big a hockey career to which they aspire.
  Charlestown has seen many of its young hockey players move on to 
compete at the high school and college level. Some are fortunate enough 
to have enjoyed professional careers. Still others have won Olympic 
Gold. These exceptional athletes were no more important to Anne than 
those whose careers peaked at the youth level. Regardless of how far 
the skills developed at the Charlestown rink took these young athletes, 
the lessons learned from Anne Considine's wisdom and caring went with 
them. Rinks and neighborhoods from as far away as Chicago, St. Louis, 
Lake Placid, Peoria, Florida, Nashville, Cleveland, Plattsburg and 
Hampton Roads, to name a few, have felt the influence of one woman's 
love of hockey and her hometown.
  Mr. Speaker, I leave here tonight proud to say that the next 
generation of Considine's can be found mucking it up in the corners at 
the Charlestown Rink. This is a tribute to Anne's lasting impact on 
youth hockey in Charlestown. On behalf of all the hockey players in 
Charlestown--past, present, and future--I want to thank Anne Considine 
for her years of dedication to the Charlestown Youth Hockey 
Association.

                          ____________________




               KYRGYZSTAN'S RELEASE OF AZIMBEK BEKNAZAROV

                                 ______
                                 

                       HON. CHRISTOPHER H. SMITH

                             of new jersey

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. SMITH of New Jersey. Mr. Speaker, yesterday authorities in 
Kyrgyzstan released Azimbek Beknazarov, a parliamentarian who had been 
in jail since January 5. The decision was made after disturbances in 
the Ak-Su District of Jalal-Abad, Mr. Beknazarov's native region in 
southern Kyrgyzstan. In an unprecedented outburst of violence on March 
17, six people were killed and scores wounded when police opened fire 
on demonstrators. Mr. Beknazarov has pledged not to leave the area and 
his trial has been postponed indefinitely while the authorities and the 
public catch their breath and reassess the situation.
  The incident and the events leading up to it are alarming--not only 
for Kyrgyzstan but for the United States, which is now basing troops in 
the country and expects to be in the region for the foreseeable future. 
Despite attempts by some Kyrgyz officials to pin the blame on a mob of 
demonstrators fired up by alcohol, the real cause of the bloody riot 
was popular discontent with an unresponsive government reaching the 
boiling point.
  Kyrgyz authorities have accused Mr. Beknazarov of improperly handling 
a murder case when he was an investigator in a district prosecutor's 
office years ago. In fact, it is widely believed that Beknazarov's real 
transgression was to suggest that Kyrgyzstan's parliament discuss the 
country's border agreement with China, which would transfer some 
territory from the tiny Central Asian state to its giant neighbor.
  This is reflective of Akaev's intensified efforts to consolidate his 
power while cracking down on dissent and opposition. In February 2000, 
President Akaev rigged the parliamentary election to keep his main 
rival--Felix Kulov, who had served as Vice President and in other high-
level positions--from winning a seat in the legislature. The 
observation mission of the Organization for Security and Cooperation in 
Europe (OSCE) openly questioned the results in Kulov's district, and 
said the election had fallen far short of international standards. 
Subsequently, Kulov was arrested

[[Page 3908]]

and could not participate in the October 2000 presidential election, in 
which Akaev faced no serious contenders and was easily re-elected.
  Kulov is serving a 7-year jail term and now faces new criminal 
charges. Amnesty International considers him a political prisoner. Last 
December I chaired a hearing of the Helsinki Commission which focused 
on the deterioration of human rights in Kyrgyzstan. Mr. Kulov's wife 
was able to attend the hearing and offered her perspective on the 
current political climate in her country.
  The independent and opposition media in Kyrgyzstan have also been 
under severe pressure, usually in the form of libel cases which 
official authorities use to fine newspapers out of existence so they 
cannot report on corruption. In January 2002, the authorities issued 
Decree No. 20, which would introduce mandatory official inventory and 
government registration of all typographical and printing equipment, 
while imposing stricter controls on its imports. Decree No. 20 would 
also threaten U.S. Government plans to establish an independent 
printing press in Kyrgyzstan. Furthermore, the decree will be used 
against religious groups, both Muslim and Christian, by blocking their 
ability to produce religious material and by calling for an 
``auditing'' of all religious communities that create publications. 
While the pretext of the decree is to combat ``religious extremists,'' 
the decree has clear implications for religious communities out of 
favor with the government, as well as with opposition groups. The State 
Department has urged Kyrgyzstan to repeal Decree No. 20 but so far, 
Bishkek has stubbornly refused.
  So when legislator Azimbek Beknazarov was arrested on January 5, his 
colleagues in parliament, members of opposition parties and human 
rights activists reacted strongly to the latest step in an ongoing 
campaign to clamp down on civil society. Since January, hundreds of 
people, including parliamentarians, have gone on hunger strikes to 
demand his release. Protests and demonstrations have continued 
throughout, which the police have either ignored or roughly dispersed. 
The U.S. Government, the OSCE and international human rights groups 
have called for Beknazarov's release, but President Akaev, hiding 
behind the fig leaf of ``executive non-interference in judicial 
deliberations,'' contends that the case must be decided by the courts. 
His position is an absurd pretense in a country where the courts are 
under state influence, especially in sensitive political cases. More to 
the point, this stance is simply no longer credible, considering the 
widespread belief that Beknazarov's imprisonment was politically 
motivated and the public's lack of confidence in the government's good 
faith.
  Finally, pent-up tensions exploded two days ago, when demonstrators 
and police clashed, with tragic consequences. Kyrgyz officials have 
accused organizers of unauthorized pickets and rallies of 
responsibility for the violence. In an address to the nation, President 
Akaev described the events as ``an apparent plot [in which] a group of 
people, including prominent politicians, staged unauthorized mass 
rallies simultaneously.'' He said the events were ``another move in the 
targeted activities of opposition forces to destabilize the situation 
in the country. They have been engaged in these activities for the last 
few years.''
  Mr. Speaker, I would contend that the riots in Jalal-Abad Region were 
the predictable outcome of frustration and desperation. Askar Akaev, by 
falsifying elections and repressing freedom of expression, has made 
normal politics impossible in Kyrgyzstan. A long-suffering populace, 
which has seen its living standard plummet while corrupt officials grow 
rich, has signaled that enough is enough. The authorities have heard 
the message and now have to make a critical decision: either to try to 
find a common language with society or to crack down. If they choose 
the former, Kyrgyzstan may yet realize its promise of the early 1990s; 
if they choose the latter, more confrontations are likely, with 
unpredictable ramifications for Kyrgyzstan and its neighbors.
  The United States has a real stake in the outcome. We are in Central 
Asia to make sure terrorists cannot use the region to plan attacks on 
us or recruit new members. But all the region's states are led by men 
determined to stay in power indefinitely. This means they cannot allow 
society to challenge the state, which, in turn, insures that 
discontented, impoverished people with no other outlets could well be 
attracted by radical ideologies.
  We must make it plain to President Akaev that we are serious when we 
declare that our war on terrorism has not put democracy and human 
rights on the back burner. And we must insist that he implement his 
OSCE commitments, as well as the pledge he made in last month's 
bilateral Memorandum of Understanding with the United States. That 
document obligates Kyrgyzstan to ``confirm its commitment to continue 
to take demonstrable measures to strengthen the development of 
democratic institutions and to respect basic human and civil rights, 
among which are freedom of speech and of the media, freedom of 
association and public assembly, and freedom of religion.''
  The events earlier this week have given us a wake-up call. We had 
better understand properly all its implications.

                          ____________________




                     AFGHAN GIRLS RETURN TO SCHOOL

                                 ______
                                 

                            HON. BARBARA LEE

                             of california

                    in the house of representatives

                       Wednesday, March 20, 2002

  Ms. LEE. Mr. Speaker, I rise today to honor a remarkable event that 
will be taking place this week in Afghanistan. For the first time in 
five years, Afghan girls will be allowed to enroll in school without 
fear of the Taliban.
  The collapse of the Taliban regime has enabled the Afghan citizens to 
enjoy new personal freedoms that were once forbidden.
  Under the Taliban regime, women and girls were not allowed to go to 
school to attain a basic education. Many illegal schools were set up in 
private homes during the repressive regime because women and girls did 
not want to give up their education. During this time, if any of these 
underground schools were discovered, these women and girls wound up in 
jail, were severely beaten, or sometimes even killed.
  This week marks a time for celebration. Women and girls will no 
longer be threatened and harmed from pursuing their right to an 
education. I celebrate with the Afghan women and girls on their return 
to school and join my colleagues in celebrating this momentous event in 
empowering women around the world.

                          ____________________




       THE HOSPITALIZED VETERANS FINANCIAL ASSISTANCE ACT OF 2002

                                 ______
                                 

                            HON. SUSAN DAVIS

                             of california

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mrs. DAVIS of California. Mr. Speaker, today I have the pleasure to 
introduce the Hospitalized Veterans Financial Assistance Act of 2002 
and thank my Veterans Affairs Committee colleagues, Committee Ranking 
Member Lane Evans, Benefits Subcommittee Ranking Member Silvestre 
Reyes, and fellow Benefits Subcommittee member Corrine Brown who have 
joined me on this important legislation.
  I would also like to thank the authors of the Independent Budget who 
brought this critical issue to our attention. In short, current law 
subjects many hospitalized veterans to a financial hardship. Let me 
explain further.
  An inequity exists in current law controlling the beginning date for 
payment of increased compensation based on periods of incapacity due to 
hospitalization or convalescence. Hospitalization in excess of 21 days 
for a service-connected disability entitles the veteran to a temporary 
total disability rating. This rating is effective the first day of 
hospitalization and continues to the last day of the month of hospital 
discharge. Similarly, where surgery for a service-connected disability 
necessitates at least I month's convalescence or causes complications, 
or where immobilization of a major joint by cast is necessary, a 
temporary total rating is awarded effective the date of hospital 
admission or outpatient visit.
  While the effective date of the temporary total disability rating 
corresponds to the beginning date of hospitalization or treatment, 
under current law (38 U.S.C. Sec. 5111) the effective date for payment 
purposes is delayed until the first day of the month following the 
effective date of the increased rating.
  This provision deprives veterans of any increase in compensation to 
offset the total disability during the first month in which temporary 
total disability occurs. This deprivation and consequent delay in the 
payment of increased compensation often jeopardizes disabled veterans' 
financial security and unfairly causes them hardships.
  The Hospitalized Veterans Financial Assistance Act of 2002 would 
allow for payment of benefits in all hospitalization and convalescent 
claims to begin effective the first day of the month in which 
hospitalization or treatment begins.
  Mr. Chairman, once again the nation's soldiers, sailors, airmen, and 
Marines are on foreign soil either engaged directly with an enemy or on 
alert to respond as necessary to

[[Page 3909]]

assure our citizens' right to live in freedom. Let us in Congress 
assure these dedicated men and women that we will provide for those who 
bear today's and tomorrow's battles and not force them to endure a 
financial hardship.
  President Abraham Lincoln said it best, ``. . . what is fairly due 
from us here, in the dispensing of patronage, towards the men who, by 
fighting our battles, bear the chief burthen of saving our country . . 
. is that, other claims and qualifications being equal, they have the 
better right; and this is especially applicable to the disabled 
soldier.''

                          ____________________




                  TRIBUTE TO MR. CLIFFORD C. LaPLANTE

                                 ______
                                 

                          HON. NORMAN D. DICKS

                             of washington

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. DICKS. Mr. Speaker, I rise today to pay tribute to a longtime 
friend and a great American, Mr. Clifford C. LaPlante. Cliff is about 
to retire after more than 50 years of dedicated service to our country 
and to the defense and aerospace community.
  Born and raised in upstate New York, Cliff began his most 
distinguished career in the aeronautical arena with the U.S. Air Force 
during the Korean War. An acquisition specialist, Cliff dedicated 
himself to ensuring that American forces were equipped with the most 
capable equipment that American industry could provide. As we hear in 
the media about the critical roles of Air Force systems such as the C-5 
Galaxy and the KC-135 aerial refueling fleet, I would point out to my 
colleagues that these systems were developed and deployed under the 
watchful eye of Cliff LaPlante.
  As an Air Force legislative affairs officer, Cliff became well known 
to the members of the Armed Services and Appropriations Committees. He 
quickly became an asset to members and staff alike for his concise and 
timely responses to the many questions that arose during consideration 
of Defense department budget requests. The reputation Cliff developed 
as a trusted and admired member of the Air Force reflect great credit 
on himself as well as the U.S. Air Force.
  My personal association with Cliff began in 1970 when Cliff decided 
to forego a much-deserved promotion to full Colonel in favor of joining 
The Boeing Company as its first full time liaison representative to the 
Congress. During his eight years with Boeing, Cliff continued the fine 
legislative work he had begun with the Air Force and he became involved 
in many vital defense programs such as the AWACS, the Airborne Command 
Post and the KC-135 re-engining program.
  In 1979, Cliff began the General Electric Company chapter of his 
career, which has lasted twenty-three years. Cliff continued to build 
on the legislative work he began during his tenures with the Air Force 
and Boeing and was at the very center of the major defense issues of 
the day. Cliff distinguished himself with his role in the KC-135 re-
engining program and during ``The Great Engine War'' where GE competed, 
and won, a place for its F110 engine on the F-16. American business 
schools now view ``The Great Engine War'' as a classic case study on 
how defense procurement should be done.
  Now, after more than 50 years of dedicated service to his country, 
the Congress and the aerospace community, Cliff is about to retire from 
GE and will begin what is perhaps his most noble endeavor. Together 
with his wife, Cecilia, Cliff has established a charitable foundation, 
``Children Come First,'' that is dedicated to helping underprivileged 
children in Peru. Those of us who have worked with Cliff know that he 
will bring the same spirit and vigor that has exemplified his past 
undertakings to his foundation and that he will certainly continue to 
``Bring Good Things to Life'' for underprivileged kids.
  Mr. Speaker, I know I speak for all my colleagues in the House who 
have known and worked with Cliff over the years when I say we will miss 
him but wish him well in the next chapter of his fascinating career.

                          ____________________




 HONORING OTTERBEIN COLLEGE, NCAA MEN'S DIVISION III NATIONAL CHAMPIONS

                                 ______
                                 

                         HON. PATRICK J. TIBERI

                                of ohio

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. TIBERI. Mr. Speaker, while the big school college basketball 
championship is still to be decided, we in Central Ohio are already 
celebrating the Otterbein College Cardinals' victory in the NCAA Men's 
Division III championship game. The Cardinals came from 11 points 
behind in the second half to crush Elizabethtown 102-83 and bring the 
national title home to Westerville, Ohio.
  The victory topped a spectacular season for Coach Dick Reynolds and 
his squad. The Cardinals finished first in the tough Ohio Athletic 
Conference during the regular season, then won the conference 
tournament en route to an overall 30-3 record. It's a homegrown success 
story too, with every player coming from the Buckeye State and 11 of 
them from the Central Ohio area.
  Otterbein is no stranger to basketball success. The Cardinals' title 
came in their third trip to the Final Four in Reynolds' 30 years with 
the program.
  Their games weren't on ESPN and you won't find them on your 
tournament bracket sheet. But some of the best basketball in the 
country is played on the Division III level. We're proud that Otterbein 
College, the best of the best, has brought a national title to Central 
Ohio.

                          ____________________




                          PERSONAL EXPLANATION

                                 ______
                                 

                         HON. CHRISTOPHER SHAYS

                             of connecticut

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. SHAYS. Mr. Speaker, on March 19, I was in Florida participating 
in my close friend Ted Winpenny's wedding as his best man and 
therefore, missed four recorded votes.
  I take my voting responsibility very seriously and would like the 
Congressional Record to reflect that, had I been present, I would have 
voted yes on recorded vote number 65, yes on recorded vote number 66, 
yes on recorded vote number 67, and yes on recorded vote 68.

                          ____________________




  CONGRATULATING THE GIRL SCOUTS OF THE U.S.A. ON ITS 90TH ANNIVERSARY

                                 ______
                                 

                             HON. PAUL RYAN

                              of wisconsin

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. RYAN of Wisconsin. Mr. Speaker, this month the Girl Scouts of the 
U.S.A. (GSUSA) is celebrating its 90th anniversary. Additionally, the 
Girl Scout Council of Kenosha County is celebrating its 80th 
anniversary. I would like to recognize the accomplishments of the Girl 
Scouts in Wisconsin's First Congressional District: the Girl Scout 
council of Kenosha County, the Girl Scouts of Badger Council, and the 
Girl Scouts of Racine County.
  Juliette Gordon Low believed girls needed a supportive community for 
girls and young women to develop physically, mentally, and spiritually. 
On March 12, 1912, Ms. Low assembled twelve girls in Savanna, Georgia, 
for the first Girl Scout meeting. The idea spread quickly. In 1918, six 
years after that inaugural meeting, Kenosha County organized its first 
meetings and joined the Girl Scout movement. Four years later, in 1922, 
the Girl Scouts of the U.S.A. awarded the Girl Scout Council of Kenosha 
County its official charter.
  The Girl Scout Law, on which the Girl Scout mission rests, encourages 
all girls to uphold values such as honesty, fairness, and 
responsibility, while developing respect and compassion for the world 
around them. Girl Scouts continue to build on this foundation by 
adopting the practice of these values to the contemporary issues facing 
girls today.
  In contrast to those first twelve Scouts 90 years ago, Girl Scouts 
today is comprised of over 2.7 million girls and 900,000 adult 
volunteers in the U.S. Globally, that number tops 10 million members in 
over 140 countries. Currently, the Girl Scout Council of Kenosha County 
proudly maintains an active membership of 3200 Scouts. To put that in 
perspective, one in nine girls are involved in Girl Scouting 
nationwide, while in Kenosha County, one in every five girls is a Girl 
Scout.
  Girl Scouts depends on its volunteers and its community. As with all 
Girl Scout Councils, the secret behind the success of Scouting is the 
hard work of the adult volunteers. This well-qualified team of 
volunteers works with the Council to organize and encourage the Scouts. 
Additionally, the support of the community is integral to the Girl 
Scouts. Troop meetings take place in local schools, churches, and other 
community centers, and outreach activities require the cooperation of 
community businesses and organizations. The strength of these 
relationships is visible in Southeastern Wisconsin. The adult members, 
businesses, and organizations work together to open doors for young 
women to learn and expand their horizons.

[[Page 3910]]

  For 90 years, Girl Scouts has empowered girls with the values and 
skills it takes to become the next generation of leaders. The Girl 
Scout Council of Kenosha County, the Girl Scouts of Badger Council, and 
the Girl Scouts of Racine County, like Councils all over the world, are 
helping girls to grow strong and build the necessary foundation to be 
successful in all they do. It is with admiration that I congratulate 
the Girl Scouts and all who support them on the first 90 years of 
remarkable service, and with enthusiasm that I wish them all the best 
on the next 90 years.

                          ____________________




     INTRODUCTION OF THE ``GUN SHOW BACKGROUND CHECK ACT of 2002''

                                 ______
                                 

                         HON. JOHN CONYERS, JR.

                              of michigan

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. CONYERS. Mr. Speaker, today I am introducing the ``Gun Show 
Background Check Act of 2002'', legislation designed to close the 
loophole in federal gun laws which allow criminals to buy firearms at 
gun shows. I am Joined by Representatives Frank, Berman, Nadler, 
Lofgren, Waters, Meehan, Delahunt, Weiner, Ackerman, Andrews, Brown, 
Clay, Crowley, Cummings, Davis (IL), DeGette, Hastings (FL), Jackson 
(IL), Kilpatrick, Lee, Markey, Schakowsky, and Wexler.
  As you know, under current law federal firearms licensees are 
required to maintain careful records of their sales, and under the 
Brady Act, to check the purchaser's background with the National 
Instant Criminal Background Check System (NICS) before transferring any 
firearm. However, a person does not need a federal firearms license--
and the Brady Act does not apply--if the person is not ``engaged in the 
business'' of selling firearms pursuant to federal law. My bill 
corrects these deficiencies by (1) requiring background checks for all 
firearms sales at gun shows, (2) defining gun shows to include any 
event at which 50 or more firearms are offered or exhibited for sale 
and (3) by improving firearm tracing measures--in the event that a 
firearm becomes the subject of a law enforcement investigation.
  I do not believe we can close a loophole by opening a dozen more. We 
should not weaken the Brady law by shortening background checks to 24 
hours--thereby allowing more than 2,200 additional felons, fugitives 
and stalkers to purchase guns in an 18 month period; we should not 
allow states to limit the search of individual records to ``disposition 
information''--which, as you may know, excludes mental health records 
and restraining orders; and we should not create an unprecedented 
exemption that would allow a gun trafficker to sell thousands of guns 
from his home without conducting any background checks.
  Considering the many recent tragedies and threats of violence we have 
had in our nations schools and the recent reports indicating that the 
U.S. gun industry sold numerous guns to members of Osama bin Laden's 
``al Qaeda'' terrorist network, the importance of enacting legislation 
that will promote a more secure nation can not be overstated.
  It's time for smarter, better gun safety prevention and enforcement. 
The bill we are introducing today will move us in that direction, I am 
hopeful that Congress will move quickly to enact this worthwhile and 
timely legislation.

                          ____________________




                           HONORING P.J. CORR

                                 ______
                                 

                          HON. JOSEPH CROWLEY

                              of new york

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. CROWLEY. Mr. Speaker, I rise today to honor P.J. Corr. Mr. Corr 
will be recognized on Saturday, March 23rd for his many achievements, 
and for his years of loyalty to the Cavan P&B Association.
  P.J. Corr was born in the parish of Mullahoran in Ireland. He is the 
eldest son of the late Patrick Corr and Cecilia Corr, nee Lynch. They 
were the proud parents of four children, P.J., Thomas (deceased), Peter 
who lives in England and Nuala who resides in Dublin.
  Mr. Corr completed his formal education at Loungduff National School 
and was later employed in Dublin by James Caffrey of Jervis Street, a 
well-known Cavan man. After four years in Dublin, Mr. Corr immigrated 
to New York where he found employment for eight years in the A&P 
Supermarket.
  In late 1957, Mr. Corr joined the fighting 69th Regiment serving on 
active duty for six months and the reserves for eight years, eventually 
reaching the rank of Company Sergeant. In 1965, Corr went to work for 
Danny Brady, also a Cavan man. After two years, he joined the staff of 
Killarney Rose and remained there for twenty years. After working in 
the financial district, he moved on to the restaurant business, working 
as a manager at the Greentree Restaurant for fifteen years.
  In addition, Mr. Corr is very socially involved. He has been a member 
of the Cavan P&B Association for the last forty years and was the 
President of the football club from 1985 to 1987. An ardent golfer, 
Corr is also a member of the Cavan Golf Club. He presently serves as 
the President of the Mullahoran Social Club, and is a member of clubs 
such as the Irish American Society of Nassau, Suffolk and Queens, the 
Greenville Irish American Club, the Michael J. Quill Irish Culture 
Center in East Durham and the Ancient Order of Hibernians Division 9 
Bronx County.
  On a more personal note, Corr met the lovely Kathleen McGovern from 
Blacklion West Cavan in 1959. In 1963, the couple was married. 
Together, they have three children; Patrick, who is one of the New 
York's Bravest, Thomas, a member of 32BJ and Noreen who is married to 
NYPD Sergeant Gerry Dowling. In 1992, Kathleen passed away, God rest 
her soul.
  Mr. Speaker, please join me and the many friends, family and 
colleagues of P.J. Corr in commending P.J. Corr for his lifetime of 
service to this nation, his community and his family. We look forward 
to his continued leadership and inspiration in the years to come and we 
wish him continued happiness and success.

                          ____________________




HONORING UNITED NATIONS INTERNATIONAL DAY FOR THE ELIMINATION OF RACIAL 
                             DISCRIMINATION

                                 ______
                                 

                       HON. JANICE D. SCHAKOWSKY

                              of illinois

                    in the house of representatives

                       Wednesday, March 20, 2002

  Ms. SCHAKOWSKY. Mr. Speaker, I rise to honor the United Nations 
International Day for the Elimination of Racial Discrimination. As the 
world celebrates this day, we must reflect and take action against the 
existing discrimination and hate within our borders. Since the 
terrorist attacks on September 11th, thousands of assaults have been 
reported across the country on people of South Asian, Arab, Muslim, 
Sikh, and Jewish backgrounds. By October 11th, the Arab Anti-
Discrimination Committee had already collected more than 700 reports of 
hate crimes in the month following September 11th. People have been 
physically and verbally attacked, others shot and killed, temples were 
firebombed, and houses were vandalized. Innocent Americans, touched by 
the devastation of September 11th like the rest of us, must not be 
singled out for hate just because of their skin color or religious 
beliefs.
  We in Congress condemn this hate and violence. But we must do more. 
It is time to take the next step and strengthen our current laws to 
protect victims who are chosen because of their gender, sexual 
orientation, race, religion, or disability. It is our duty. It is 
especially important that our children learn that hate crimes will not 
be tolerated. This is why we must pass H.R. 1343, The Local Law 
Enforcement Hate Crimes Prevention Act of 2001, which would elevate the 
status of hate crimes within federal law and ensure that state 
governments and local police have the tools needed to fight and 
prosecute these crimes. This bill would not take away the ability of 
state and local authorities to continue prosecuting most hate crimes. 
It would allow federal officials to assist overstretched states and 
local officials investigate and prosecute these crimes. It would also 
provide states and localities with grants designed to combat hate 
crimes committed by juveniles.
  Sadly, the prevalence of hate crimes goes beyond the backlash from 
September 11th. The Southern Poverty Law Center estimates that last 
year alone, over 50,000 hate crimes took place. In the summer of 1999, 
the Midwest, including my district in Illinois, was rocked by the 
killing spree of Benjamin Nathaniel Smith. A follower of the World 
Church of the Creator, Benjamin Smith killed Ricky Byrdsong, an 
outstanding role model in the community and a constituent, and Won Joon 
Yoon, a student at Indiana University. The Jewish Community in my 
district was also assaulted on the Sabbath with rounds of gunfire.
  The weekend after the September 11th attacks, I marched in solidarity 
with the South Asian, Arab, Muslim, Sikh, and Jewish communities to 
stand against the terrorist attacks and the attacks on the community. I 
saw not only overwhelming sadness, but the fear of violence on the 
faces of those walking with me. Members of my community and the 
district that I represent were afraid to send their children to school. 
They did not want to leave

[[Page 3911]]

their homes even to go grocery shopping. But I also saw the commitment 
from community members to combat bigotry and racism.
  Those who commit hate crimes perpetuate the sense of terror in our 
communities and undermine the ideals of our nation. This is why it is 
so important that hate crimes be recognized for what they are and 
punished accordingly. These crimes not only devastate victims and their 
family and friends, but they devastate the community to which the 
victim belongs. This community becomes stricken with grief as well as 
the fear that they could be next. The violence inflicted on those based 
solely on skin color or religion violates the very essence of what our 
nation is about. Our country represents tolerance and acceptance. We 
must pass the Local Law Enforcement Hate Crimes Prevention Act. I am 
proud to represent one of the most diverse districts in the nation and 
I will work to protect and honor the civil rights of all our people, 
without any exceptions.

                          ____________________




  INTRODUCTION OF THE MEDICARE AND MEDICAID NURSING FACILITY QUALITY 
                        IMPROVEMENT ACT OF 2002

                                 ______
                                 

                             HON. DAVE CAMP

                              of michigan

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. CAMP. Mr. Speaker, today I introduce the Medicare and Medicaid 
Nursing Facility Quality Improvement Act of 2002.
  This session, legislation has been introduced on numerous important 
long term care issues ranging from criminal background checks for 
nursing home staff to additional funding for the Medicaid program that 
provides the lion's share of financing for long term care. A variety of 
other financing and regulatory proposals have been introduced or are 
being discussed. This gives us an important opportunity to discuss a 
broad range of options intended to improve the quality of care provided 
to residents in long term care facilities. Today, I am introducing 
legislation that would improve the quality of care in our nation's 
nursing homes where thousands of our most frail and elderly seniors 
live. It is my hope that these provisions perhaps combined with other 
valuable proposals can be enacted into law.
  My legislation will provide incentives for the best facilities to 
improve and give facilities experiencing quality of care issues 
additional opportunities to provide better care for residents. I 
believe the changes will also focus regulatory efforts on improving 
outcomes, fostering innovation and ensuring that the federal and state 
oversight system is more fair and accurate, to the benefit of residents 
and providers alike. This legislation would:
  Alleviate the shortage of well-trained staff. The legislation would 
restore the ability of more facilities to train nurses aides in order 
to help hundreds of facilities in Michigan as well as many others 
across the nation respond more effectively to the shortage of long term 
care workers and to the needs of their residents. Unfortunately, 
current law prevents nursing facilities from training nurses aides on 
site for a full two years after the original problem that led to the 
prohibition on training is remedied. This penalty is highly 
counterproductive. It does not serve the interests of residents and 
hinders rather than enhances the provision of quality care.
  Flexibility and Innovation. The legislation would allow for an eight 
state survey and certification waiver demonstration program so states 
can adopt innovative regulatory process for nursing homes that focus on 
improving resident outcomes. Sates should work together with consumers, 
providers, labor representatives and other involved parties to craft 
innovative systems that can improve the quality of care. For example in 
the state of Washington there is broad support among all key 
stakeholders for such a waiver, and I believe other states would come 
forward with valuable waiver applications if such a process were 
available. In addition, states would be given some narrow additional 
discretion to work within the current enforcement process to avoid any 
unintended consequences of current law which could harm resident 
quality of life.
  Establish incentives and additional opportunities for technical 
assistance to help all facilities improve the quality of care. The 
legislation would establish a range of incentives to encourage nursing 
homes that are providing the best possible care to exceed their already 
high standards, while facilitating the provision of technical 
assistance and advice on best practices to facilities that need to 
improve care for residents. Such measures will help both good 
facilities to implement even more effective care practices and assist 
those that face challenges in their efforts to provide excellent 
services. Current law provides many penalties to deter and punish those 
who provide low quality care but strangely absent are incentives for 
the overwhelming majority of responsible nursing facilities to improve 
the quality of care.
  Insure fair and accurate survey results. Residents, families and 
health care providers are best served if all disputes concerning 
surveys of long term care facilities can be resolved quickly and cost-
effectively through an independent review process. In fact, in my home 
state of Michigan providers and regulators are able to resolve many 
disputes through an independent dispute resolution process. 
Unfortunately, in many states the process is not independent enough of 
the state regulatory agency to provide for fair and impartial review. 
Our independent process in Michigan, as well as the independent systems 
in several other states can offer many lessons for the nation. Michigan 
also believes additional steps are needed to insure that all citations, 
even those that do not result in the immediate imposition of a penalty, 
can be subject to an appeal. Basic fairness and the principles of due 
process require us to allow nursing facilities to appeal all publicly 
reported deficiencies.
  Ensure proper medical care. The legislation would prevent government 
inspectors from overturning the orders of patient's own physicians. 
Inspectors are charged with evaluating the medical condition of nursing 
home patients and for making sure nursing facilities provide the best 
possible care. However some inspectors, even though they are not 
physicians, overturn doctor's orders. The changes could endanger a 
resident's health. Patients do not lose the right to the care 
prescribed by a personal physician simply because they have entered a 
nursing facility. When government inspectors substitute their judgment 
for that of a physician, nursing home providers must choose between the 
doctor's orders and government sanctions. An efficient and fair system 
requires that without fear of punishment, nursing home providers be 
allowed to follow a doctor's orders in keeping with the best interest 
of their residents. Optimal quality care means that patients should 
enter nursing homes with the assurance that the care prescribed by 
their physician is the care they will receive.
  I hope this legislation fosters a constructive debate over the best 
ways to improve care for residents and that involved stakeholders can 
come together to reach consensus on the need for changes in the current 
system. I am pleased that already the Michigan Association of Homes and 
Services for the Aging, the American Association of Homes and Services 
for the Aging, Lutheran Services in America, the Council for Health and 
Human Service Ministries of the United Church of Christ and the 
Catholic Health Association support this legislation. I appreciate the 
input I have received from others as well and look forward to working 
with other key stakeholders in long term care and interested Members of 
Congress. As Congress considers further improvements to the Medicare 
program, I urge my colleagues to support this important effort.

                          ____________________




RECOGNIZING THE MANY INDIVIDUALS WHO HAVE SIGNED A ``PEACE PLEDGE'' TO 
                     STOP THE SPREAD OF WAR TO IRAQ

                                 ______
                                 

                        HON. DENNIS J. KUCINICH

                                of ohio

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. KUCINICH. Mr. Speaker, more than 3,000 individuals from 40 
countries and 48 states have signed the Campaign of Conscience Peace 
Pledge. ``I support peace for Iraq. I grant permission to use my name 
and city publicly as an opponent of the ongoing economic and bombing 
war on Iraq, and of any escalation of that war.'' This Peace Pledge has 
been endorsed by the American Friends Service Committee, Arab-American 
Anti-Discrimination Committee, Episcopal Peace Fellowship, Education 
for Peace in Iraq Center, Fellowship of Reconciliation, Lutheran Peace 
Fellowship, Voices in the Wilderness, and Washington Physicians for 
Social Responsibility.
  A state breakdown of signatories is below with a representative 
sample from Ohio.


       Priscilla Smith, Akron; Helen Thompson, Akron; Gary Blaine, 
     Akron; Sara Cutlip, Akron; Tom Gentry, Jr., Akron; John 
     Howell, Athens; Lynda Nyce, Bluffton; Jean Temple, Brunswick; 
     Amy Spangler, Chillicothe; William Joiner, Cincinnati; 
     Cynthia Maxey, Cleveland; Patti Flanagin, Cleveland Heights; 
     Brenda Joyner, Cleveland Heights; Francis Chiappa, Cleveland 
     Hts.; Mark

[[Page 3912]]

     Chupp, Cleveland Hts.; Melissa Bragg, Columbus; Connie 
     Hammond, Columbus; Morton Saunders, Jr., Copley;
       Nathan Ruggles, Cuyahoga Falls; Robert Williams, Cuyahoga 
     Falls; Christina Irene, Dayton; Jana Schroeder, Dayton; 
     Ramona Nash, Dublin; Marion Kim, East Canton; Sarah Ile, 
     Eaton; Joan Slonczewski, Gambier; Margaret Banning, Gambier; 
     Susan Klein, Girard; William Nichols, Granville; Mike Pesa, 
     Kent; Russell Andrews, Jr., Kent; Brad Clinehens, Maplewood; 
     Michall Zabib, Massillom; Susan Mcgarvey, Nashport; Jane 
     McCullam, Newbury;
       Diana Roose, Oberlin; Sadie Taylor, Oberlin; Richard 
     Taylor, Oberlin; Geraldine S. McNabb, Oberlin; Ryan Van 
     Lenning, Oxford; Patrick G. Coy, Peninsula; Erin Nash, Shade; 
     Lydia Kuttab Brenneman, St. Marys; Donna Schall, Stow; Sharon 
     Havelak, Sylvania; Matthew Wallace, Toledo; Nandor 
     Szentkiralyi, Toledo; Robert Gibson, Warren; Elizabeth 
     Gibson, Warren; Heather Brutz, Warrensville Heights; Kyle 
     Kunst, Wooster; Rev. Richard Judy, Youngstown.


                            State Breakdown

       Alaska--8,
       Alabama--8,
       Arkansas--3,
       Arizona--49,
       California--236,
       Colorado--73,
       Connecticut--34,
       District of Columbia--20,
       Delaware--5,
       Florida--66,
       Georgia--26,
       Hawaii--4,
       Idaho--8,
       Illinois--115,
       Indiana--32,
       Iowa--39,
       Kansas--11,
       Kentucky--13,
       Louisiana--7,
       Maine--20,
       Maryland--74,
       Massachusetts--160,
       Michigan--61,
       Minnesota--38,
       Mississippi--2,
       Missouri--46,
       Montana--7,
       North Carolina--86,
       North Dakota,
       Nebraska--12,
       New Hampshire--30,
       New Jersey--62,
       New Mexico--18,
       Nevada--9,
       New York--214,
       Ohio--91,
       Oklahoma--7,
       Oregon--32,
       Pennsylvania--213,
       Puerto Rico--1,
       Rhode Island--18,
       South Carolina--9,
       South Dakota--4,
       Tennessee--11,
       Texas--74,
       Utah--4,
       Virginia--35,
       Vermont--20,
       Washington--402,
       Wisconsin--56,
       West Virginia--1,
       Unspecified--92.

       

                          ____________________


                         GREEK INDEPENDENCE DAY

                                 ______
                                 

                               speech of

                            HON. JERRY LEWIS

                             of california

                    in the house of representatives

                        Tuesday, March 19, 2002

  Mr. LEWIS of California. Madam Speaker, March 25, 2002, marks 181 
years since Greece declared its independence from the occupying Ottoman 
Empire. On March 25, 1821, the Greeks rose against the tyranny with an 
overwhelming conviction to defeat an overpowering foe. After 400 years 
of lingering repression and oppression, the brave elected to take a 
stand and fight for valued liberty and independence. Ultimately, 
freedom prevailed.
  Since September 11, Greece has joined our effort to fight terrorism 
and bring those responsible for that heinous act to justice. We share 
the common goal of deterring future terrorist acts. Although it is and 
will be a difficult fight, unity and alliance with Greece is one of the 
keys to our ultimate victory.
  The war of independence that Greece fought, and ultimately won, 
reminds us today that independence and liberty do not come without 
cost. We look to these shared values to help us endure these trying 
times.
  Madam Speaker, we as Americans are inspired by the Greek people and 
recognize the struggles they have overcome to attain independence. I 
congratulate them on 181 years of freedom.

                          ____________________




                 A PROCLAMATION HONORING WILLIAM CROWE

                                 ______
                                 

                           HON. ROBERT W. NEY

                                of ohio

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. NEY. Mr. Speaker, whereas, William Crowe has received the 
Excellence in Education award from the North Central Association of 
Colleges and Schools; and
  Whereas, William Crowe has been with Buckeye Local High School for 29 
years; and
  Whereas, William Crowe has worked to bring the joy of learning into 
the lives of his students; and
  Whereas, William Crowe must be commended for his service to the 
community, taking on numerous leadership roles for the betterment all;
  Therefore, I join with the residents of the entire 18th Congressional 
District in recognizing William Crowe as a recipient of the 2002 
Excellence in Education Award.

                          ____________________




       RECOGNIZING THE USS ``RALPH TALBOT'' FOR EXEMPLARY SERVICE

                                 ______
                                 

                             HON. PAUL RYAN

                              of wisconsin

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. RYAN of Wisconsin. Mr. Speaker, I would like to take the time to 
recognize the meritorious service of the destroyer USS Ralph Talbot 
during World War II.
  Mr. Frank Urbanowicz, who lives in Janesville, Wisconsin, has worked 
tirelessly to establish formal recognition of the destroyer's actions 
through the Presidential Unit Citation. While the Navy has not acted, I 
would like to share with you a brief history of the destroyer and the 
significance of its actions.
  Early in her career, the USS Ralph Talbot entered World War II during 
the attack on Pearl Harbor. The destroyer reacted immediately, 
retaliating with gunfire and later patrolling the area in search of 
enemy submarines. As the war in the Pacific intensified in 1942, the 
USS Ralph Talbot found herself near the Soloman Islands where, at Savo 
Island, the destroyer engaged in a heated exchange of gunfire with the 
enemy that left the ship badly damaged.
  After repairs the USS Ralph Talbot reentered the conflict in 1943, 
taking an active role in late June and July with the New Georgia 
campaign in the Soloman Islands. Her vital actions include rescuing 300 
survivors from the downed ship USS McCawley, providing cover to landing 
troops, and bombing enemy-held areas. These engagements had prompted a 
recommendation for the Presidential Unit Citation by Commander 
Destroyer Squadron Twelve.
  The USS Ralph Talbot continued patrol and escort duties in the 
region, as well as landing cover. In 1945, the destroyer commenced 
duties near Japan, facing difficulty early on with a kamikaze attack 
that again brought considerable damage. The attack, though, failed to 
dampen the resolve of the USS Ralph Talbot and her crew. She went on to 
continue patrolling and escorting for the remainder of the war. 
Following the war, the destroyer was used in atomic tests that 
ultimately led to her decommission, thus ending a career that earned 12 
battle stars during World War II.
  I share this with you in the hope that we may honor the dedication 
and fearless service of the USS Ralph Talbot and her crew. The efforts 
of this destroyer played a vital role in one of the most decisive times 
in our modern history.
  Mr. Speaker, for these reasons, I commend the service of the USS 
Ralph Talbot and believe we can all look to her with appreciation and 
gratitude.

                          ____________________




                  INTRODUCTION OF DUTY SUSPENSION BILL

                                 ______
                                 

                           HON. BOB ETHERIDGE

                           of north carolina

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. ETHERIDGE. Mr. Speaker, I rise today to introduce legislation to 
suspend the duty imposed on an ingredient used to develop products used 
by North Carolina farmers. Glufosinate-ammonium is the active 
ingredient used in two key herbicides, Liberty and Rely. Liberty is 
used to control weeds, particularly by corn and soybean growers. Rely 
controls nutrient and water robbing weeds and grass that plague apple, 
grape and tree nut growers.
  Glufosinate-ammonium is the major cost component in the production of 
these herbicides, and the manufacturer of this ingredient

[[Page 3913]]

will be suspending production for more than a year to retool its 
production facilities. Suspending the duty on this ingredient, 
currently assessed a tariff of 3.7%, will allow for increased 
importation of Glufosinate-ammonium so that production of these 
important herbicides will not be interrupted.
  I have been informed that there are no U.S. producers of Glufosinate-
ammonium so the bill should receive approval by the U.S. International 
Trade Commission. I urge the Ways and Means Committee to act on my 
legislation when it considers the next miscellaneous tariff bill in the 
coming months.

                          ____________________




     THE SOCIAL SECURITY BENEFIT ENHANCEMENTS FOR WOMEN ACT OF 2002

                                 ______
                                 

                         HON. ROBERT T. MATSUI

                             of california

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. MATSUI. Mr. Speaker, I am pleased to join with the Chairman of 
the Social Security Subcommittee, Mr. Shaw, in introducing this bill 
aimed at making improvements in benefits for women under the current 
Social Security system.
  In order to maintain fiscal responsibility, we were limited in the 
number and scope of the improvements we were able to make. However, the 
disabled widows, divorced retirees, and widows whose husbands died 
shortly after retirement who are affected by these improvements will 
certainly benefit from these changes.
  Equally important as the benefit changes themselves, however, is what 
this bill symbolizes. It shows the importance of maintaining and 
preserving the defined-benefit Social Security system we have today. It 
shows how we are able to improve the fortunes of needy beneficiaries by 
building on the existing structure of the Social Security system. And 
it shows how the two parties are able to work together once they agree 
on the goal: to put aside Social Security privatization and instead 
improve Social Security's guaranteed, lifelong, secure benefits.
  I look forward to the swift adoption of these important benefit 
enhancements.

                          ____________________




                    IN HONOR OF TERESA JOHNSON-HUNT

                                 ______
                                 

                          HON. EDOLPHUS TOWNS

                              of new york

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. TOWNS. Mr. Speaker, I rise in honor of Teresa Johnson-Hunt in 
recognition of her tireless energy and passionate commitment to her 
community.
  Teresa, affectionately called ``Terry'', is the third oldest of seven 
children born to the late Nathaniel and Louise Haywood Johnson of 
Panama. She came to New York in the early sixties to pursue a career as 
a Fashion Designer. She graduated from the Mayer School of Fashion 
Design and the Fashion Institute in New York City.
  She was employed as an Assistant Fashion Designer for twelve years at 
several prominent fashion houses in the ``Fashion District''. Her 
career took her to many interesting places and gave her the chance to 
meet many influential people. One of her most memorable moments was her 
assignment to design costumes for a group of performers for the New 
York Metropolitan Opera.
  Her professional accomplishments, include a certificate in Word 
Processing from Brooklyn College and a certificate in Health 
Administration from the City of New York of New York's Health Services 
Administration. After attending LaGuardia Community College, she 
decided to change careers and enter the field of healthcare. She 
started this new chapter in her life by volunteering as an EKG 
Technical Aide at what was then Greenpoint Hospital. She quickly 
decided that the caring and sensitivity to the pain and suffering of 
the patients affected her too personally so she decided not to continue 
in the health field. She immediately decided to refocus her studies. 
After taking business and computer courses at LaGuardia Community 
College, she obtained employment at Community Board No. 5 in Brooklyn. 
She currently serves as Assistant to the District Manager.
  Her tireless energy and sincere concern for the well being and 
improvement of those whom she serves so willingly and graciously is 
commendable. Terry is extremely proud to be a member of the National 
Council of Negro Women as well as the Women's Caucus. She is a member 
of St. Claire's Roman Catholic Church. She is married to Von R. Hunt, a 
former professional musician. She is the mother of two children, Delina 
and Gregory and the proud grandmother of Jenille, Gregory Jr., Obassi 
and Basaar.
  Mr. Speaker, Teresa Johnson-Hunt has tireless energy and sincere 
concern for the well-being and improvement of the community and its 
residents. As such, she is more than worthy of receiving this 
recognition today and I urge my colleagues to join me in honoring this 
truly hard working woman.

                          ____________________




                         MUSIC LEGEND PAT BOONE

                                 ______
                                 

                             HON. ZACH WAMP

                              of tennessee

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. WAMP. Mr. Speaker, I ask my colleagues to join me in honoring a 
man, who has entertained millions in song and dance for more than two 
generations while giving of himself to help people in need all across 
the country.
  Pat Boone, a direct descendant of pioneer Daniel Boone, was the 
second most popular singer of the late 50s behind Elvis Presley and 
sold more than 45 million records. He is ranked as the No. 10 singles 
artist of all time, with a repertoire that exceeds those of Aretha 
Franklin, Billy Joel and Frank Sinatra. He also managed to finish his 
college degree, graduating magna cum laude from Columbia University in 
New York City in 1958.
  He was born Charles Eugene Boone in 1934 in Jacksonville, Florida, 
and moved with his family to Tennessee in 1936. Boone grew up in the 
Nashville, Tennessee area, where he began singing in public at the age 
of 10. While still in his teens, he married Shirley Foley in 1953, the 
daughter of country star Red Foley. Their marriage has endured to this 
day and they have four daughters: Cherry, Lindy, Debby and Laury.
  The following year in 1954, Boone recorded his first of four singles 
for the Republic label in Nashville and appeared on Arthur Godfrey's 
Talent Scouts and Ted Mack's Amateur Hour, winning both. A short while 
later Boone was signed to the Dot label, one that he would stay with 
throughout his run on the charts from 1955 to 1962. His first top-40 
song on the Billboard pop charts was Two Hearts, a cover of an R&B hit 
for The Charms, which went to No. 16 for Pat in 1955.
  Boone projected a smooth style and a clean-cut, wholesome all-
American image. His next offering was a cover of Fats Domino's Ain't 
That A Shame, a song that propelled both Fats and Boone to stardom. He 
followed with a cover version of El Dorados' At My Front Door, which 
quickly became his second record to reach the Top Ten.
  Boone had his own way of doing R&B songs. His formula worked and his 
records sold well. He took on Little Richard, recording Tutti Frutti 
and Long Tall Sally, both of which he made into big hits. By 1957 
Boone's popularity had skyrocketed and the movie and television 
producers came calling. He appeared in 15 films, including Bernardine, 
April Love, and State Fair. From 1957 to 1960 he hosted his own 
television series The Pat Boone/Chevy Showroom. His final top-40 song 
was a novelty record, Speedy Gonzalez in 1962 and it peaked at number 
six.
  Boone also had a number of country hits in the 70s, with singles 
Indiana Girl and Texas Woman and albums I Love You More And More Each 
Day and The Country Side Of Pat Boone. Pat has also been popular in the 
United Kingdom, where he had 27 records reach the top 40.
  Pat Boone has always been a man of deep, personal faith. Over and 
over again, he has acted on his faith to help other people.
  He should be recognized most of all for his self-sacrificing devotion 
to charity work and for simply carrying out God's call to love Him and 
to love others. Boone wrote a best-selling autobiography and dedicated 
the proceeds to establish a Christian college in Villanova, 
Pennsylvania. He has served as the national spokesman for the March of 
Dimes, National Association of the Blind and many other charities. 
Boone served for 18 years as the entertainment chairman and host of the 
National Easter Seal telethon, which raised over $600 million for 
handicapped and disabled children.
  Mr. Speaker, today I honor the great Pat Boone on behalf of the 
hundreds and hundreds of children whose lives have been made better 
through Bethel Bible Village children's home in my hometown of 
Chattanooga, TN. For 25 years, Pat has not just associated his name 
with Bethel Bible Village, but he has put his heart and soul into its 
success. Each year, for the past 25 years, he has sponsored their 
largest fundraiser, the Pat Boone Bethel Spectacular, which has raised 
over $1.3 million to help children in the Chattanooga area whose

[[Page 3914]]

lives have been shattered by crime and troubled homes. Pat's 
involvement has brought national recognition to Bethel Bible Village, 
which has allowed them to expand their ministry exponentially. Pat 
Boone is a true friend to these children and his personal testimony has 
had such a positive influence on their lives.
  Pat Boone is a recording legend and humanitarian role model who 
understands that the true joy of giving occurs when one doesn't expect 
anything in return. Over his 40-year career as an entertainer, he has 
worn the hats of musician, actor, author, and radio host. His tireless 
commitment to helping others personifies the Biblical instruction that, 
``to whom so ever much is given, much is also required.''

                          ____________________




              IN HONOR OF PASTOR PAULINE WILLIAMS GRIFFIN

                                 ______
                                 

                          HON. EDOLPHUS TOWNS

                              of new york

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. TOWNS. Mr. Speaker, I rise in honor of Pastor Pauline Williams 
Griffin in recognition of her work as a leader in the Church of God in 
Christ Jesus, an educator, a counselor, community leader, professional 
woman, wife and mother.
  Pauline Williams Griffin was born in Angier, North Carolina. She 
received her elementary and the first part of her secondary education 
in Lillington, North Carolina. After her family moved to New York City 
in 1944, she graduated from Erasmus Hall High School in Brooklyn. she 
went on to attend Pace University, Bank Street College and The College 
for Human Services.
  Her Bishop, Dr. W.H. Amos, Chief Apostle of the Church of God in 
Christ Jesus, appointed her Elder of the Church of God in Christ Jesus, 
N.D. in 1965. Elder Griffin moved rapidly within this setting, as she 
became the state Mother of the Church of God in Christ Jesus for New 
York State. She is currently the General Mother as well as a Board 
Member of the Bank Street College Community Day Care Action Coalition. 
She is the Director of the Church of God in Christ Jesus Day Care 
Center as well as the Executive Director of the Church of God in Christ 
Jesus After-School Program at P.S. 81 in Brooklyn. Elder Griffin is 
also a member of Community Planning Board No. 3. She serves as the 
Director of a comprehensive program for young people which includes 
personal and health counseling and has been directly responsible for 
the enrollment of 60 students in the program of College for Human 
Services. In addition, she is Vice President of the Movement for 
Meaningful Involvement in Child Care. Elder Griffin serves as Vice 
President of the United Minorities, Inc., is a member of the New York 
State Citizens Coalition for Children Inc. and the Chairperson of the 
Concerned Foster and Adoptive Parents Support Group, Inc. as well as 
belonging to a host of professional organizations.
  Pauline is married to Elder Clifton Griffin and is blessed with two 
lovely daughters, two sons and a beautiful granddaughter.
  Mr. Speaker, Pastor Pauline Williams Griffin is a dedicated leader of 
her community and her church. She is committed to teaching the word of 
God and bringing the word to the greater community. As such, she is 
more than worthy of receiving this recognition today and I urge my 
colleagues to join me in honoring this truly remarkable woman.

                          ____________________




    RE-REGISTRATION CAMPAIGN DENYING RELIGIOUS FREEDOM IN AZERBAIJAN

                                 ______
                                 

                       HON. CHRISTOPHER H. SMITH

                             of new jersey

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. SMITH of New Jersey. Mr. Speaker, the ongoing re-registration 
campaign for religious organizations conducted by the State Committee 
for Relations with Religious Organizations, headed by Chairman Rafik 
Aliev potentially violates Azerbaijan's commitments to religious 
freedom as a participating State in the Organization for Security and 
Cooperation in Europe (OSCE). Azerbaijan must take steps commensurate 
with its commitments under the Helsinki Final Act and subsequent OSCE 
documents to ensure the freedom of the individual to profess and 
practice their religion or belief, alone or in community with others.
  The State Committee, created last year to replace the Religious 
Affairs Directorate, has broad administrative powers, which Chairman 
Aliev seems willing to utilize in an attempt to ban minority religious 
communities through denial of legal registration. Recent reports 
indicate that of the 407 religious groups previously registered, only 
approximately 150 are currently under consideration for re-registration 
by the State Committee. An additional 200 organizations were 
unsuccessful in their initial application due to technical errors and 
were asked to resubmit these requests. While I am pleased that 80 
groups have been approved, reportedly most are Muslim, I hope that the 
State Committee is not specifically discriminating against minority 
faiths or religious groups.
  Despite the extension of the re-registration deadline to the end of 
March, there is legitimate concern that groups will be arbitrarily 
denied registration, and thereby legal status, despite fulfilling all 
requirements. In addition, although this is the third registration 
campaign since 1991, reportedly about 2,000 more religious groups 
remain unregistered. Recently, a senior official at the State Committee 
declared unregistered groups will be closed down.
  The fear that the State Committee will refuse to register religious 
groups for arbitrary reasons is supported by several statements from 
Chairman Aliev himself. For instance, he declared the State Committee 
hoped to introduce more stringent regulations to govern both religious 
organizations and individuals. He also said the State Committee can 
request a court to suspend activities of any religious organization 
conducting activities deemed illegal or found to undermine national 
security. The State Committee has also limited the ability for 
religious communities to import religious material. Reportedly, 
Chairman Aliev also stated ``religious organizations must be 
controlled'' and that ``religion is dangerous.'' This flies in the face 
of President Heydar Aliyev's November 1999 public statements supporting 
religious freedom in Azerbaijan.
  Also of concern are the heavy-handed actions against religious groups 
by Azeri Government officials and police officers. For example, on 
January 18, 2002, National Security Ministry officers raided an 
unregistered Protestant church, Living Stones, which was meeting in a 
private apartment. The police and security officers searched the 
residence and seized religious literature. Ten individuals who were 
attending the meeting were taken into custody, transferred to a police 
station and interrogated. While eight individuals were released, two 
church leaders, Yusuf Farkhadov and Kasym Kasymov, were given two-week 
prison sentences for violating Article 310 of the Administrative Code, 
which addresses ``petty hooliganism.'' The reported justifications for 
the raid was that the church is not registered. However, Living Stones 
had attempted to register with the government, but only after 1\1/2\ 
years of waiting did the government decide their application contained 
errors and must be resubmitted. In addition, the church is listed as a 
branch of the Nehemiah Protestant Church, which is registered.
  Many other religious communities are also concerned. It is feared the 
Ashkenzai Jewish community will not be successful in registering, 
because the State Committee is favoring a separate Jewish group. The 
liquidation suit brought by Chairman Aliev against the Love Baptist 
Church in the Narimanov district court continues to drag on. 
Liquidating the church due to alleged statements by its pastor is a 
disproportionate penalty and contravenes OSCE commitments. Illegal 
closures of churches by local officials, as in the case of the Gyanja 
Adventist Church on February 24, 2002, have not been halted by the 
State Committee. The closure of mosques under the pretext of state 
security is also a concern, as the government could ban unpopular 
groups, despite no proof of illegal activity.
  The Helsinki Final Act commits that ``the participating States will 
recognize and respect the freedom of the individual to profess and 
practice, alone or in community with others, religion or belief acting 
in accordance with the dictates of his own conscience.'' Mr. Speaker, I 
urge President Aliyev to ensure that the re-registration process is 
accomplished in accordance with Azerbaijan's OSCE commitments. In light 
of statements by Chairman Aliev, it is apparent the State Committee is 
perverting the re-registration process to arbitrarily deny legal 
registration to selected religious communities. The government must 
take the necessary steps to protect the right of individuals to profess 
and practice their faith by registering religious organizations, in 
keeping with Azerbaijan's commitments as a participating OSCE State.
  In closing, Mr. Speaker, I am greatly alarmed by the re-registration 
campaign in Azerbaijan. This being the third time in a decade the 
government has required registration, it would seem Azerbaijan will 
continually ``sift'' minority religious groups until all are made 
illegal. Therefore, it is my hope that the Azeri Government will choose 
to honor its OSCE

[[Page 3915]]

commitments and allow religious communities to register without 
harassment or bureaucratic roadblocks. Members of Congress will be 
watching to see if groups highlighted in this statement are harassed 
because of their mention.

                          ____________________




                     A TRIBUTE TO JACQUELINE EUROPE

                                 ______
                                 

                          HON. EDOLPHUS TOWNS

                              of new york

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. TOWNS. Mr. Speaker, I rise today in honor of Jacqueline Europe 
for her dedication to her community.
  Jacqueline founded the ``Reach for the Stars'' Child Development 
Center, a Christian centered day school approximately five years ago. 
Her motto is ``every child is born with gifts and talents, and is 
capable of learning and becoming scholastically gifted.'' Her vision is 
to expand the facility to include pre-kindergarten through the sixth 
grade, as well as continued service of the nursery school to 
accommodate the needs of her community. Jacqueline also co-founded the 
``Childcare Providers Business Coalition Inc.'' whose forum is to make 
daycare providers a strong united political force. The agenda for the 
coalition is to effectuate positive changes in the childcare 
profession.
  She is also a very active member of the Bedford Central Presbyterian 
Church, as a choir member, spiritual counselor and teacher for the 
Saturday Math and Reading program. She has been recognized as a ``2001 
Visionary'' and as a ``2001 Woman History Maker.''
  Mr. Speaker, Jacqueline Europe is devoted to serving her community. 
As such, she is more than worthy of receiving our recognition. I hope 
that all of my colleagues will join me honoring this truly remarkable 
woman.

                          ____________________




                          PERSONAL EXPLANATION

                                 ______
                                 

                           HON. RONNIE SHOWS

                             of mississippi

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. SHOWS. Mr. Speaker, regarding Roll Call votes on yesterday, March 
19, 2002:
  On Roll Call 65, I would have voted YEA on Approving the Journal.
  On Roll Call 66, I would have voted YEA on the Motion to Suspend the 
Rules and Agree to H. Res. 368, commending the great work that the 
Pentagon Renovation Program and its contractors have completed thus 
far, in reconstructing the portion of the Pentagon that was destroyed 
by the terrorist attack of September 11, 2001.
  On Roll Call 67, I would have voted YEA on the Motion to Suspend the 
Rules and Pass, as Amended H.R. 2509, the Bureau of Engraving and 
Printing Security Printing Amendments Act.
  On Roll Call 68, I would have voted YEA on the Motion to Suspend the 
Rules and Pass H.R. 2804, regarding the James R. Browning United States 
Courthouse.

                          ____________________




           A TRIBUTE TO REVEREND DR. HENRIETTA SCOTT FULLARD

                                 ______
                                 

                          HON. EDOLPHUS TOWNS

                              of new york

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. TOWNS. Mr. Speaker, I rise in honor of Reverend Dr. Henrietta 
Scott Fullard's dedication to her community.
  Reverend Dr. Henrietta Scott Fullard's life can be phrased as one of 
high achievements and a steward of educational excellence. One word 
that best describes her is ``Teacher.'' The word teacher maybe simple 
but a word that carries powerful meaning. Throughout her life, she has 
strived for educational excellence. She earned a Bachelor of Science in 
Chemistry, a Master in Arts and a Master of Divinity. In addition, she 
received an honorary Doctor of Education and a Doctor of Divinity. 
Reverend Dr. Fullard has used her educational experiences and talents 
to not only serve as an educator on the high school level but as an 
advisor and principal. She was appointed the first principal of the 
newly formed Mathematics, Science Research and Technology Magnet School 
in Cambria Heights, NY. Through her leadership and vision, she 
established educational partnerships with the National Aeronautics and 
Space Administration (NASA) and the Department of Agriculture to have 
the students participate in science and technology research.
  As a reverend, while Dr. Fullard was establishing her education 
agenda, she also served as a minister. She maintained a dual career for 
several years. Now, retired from her many years of service with the New 
York City Board of Education, she is currently serving as pastor of the 
Bethel AME church in Arverne, New York. Her ministerial focus is to 
develop and promote programs and services that instill community 
empowerment, economic development, job opportunities and capital 
investments. With this charge, she founded the Bethel Arverne Home 
Health Aide Training Program. Since the program's inception, the 
program has successfully graduated three classes. In addition, she 
continues to be actively involved in many community, civic 
associations, and fraternal organizations.
  Reverend Dr. Fullard has been a steward of both educational and 
spiritual upliftment for the Brooklyn community. Reverend Dr. Fullard 
is truly an educator. And, today it is my pleasure to bring her 
achievements to the attention of my colleagues.

                          ____________________




                     RECOGNITION OF MARK GRIMMETTE

                                 ______
                                 

                          HON. PETER HOEKSTRA

                              of michigan

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. HOEKSTRA. Mr. Speaker, I rise today in recognition of the hard 
work and achievement of Mr. Mark Grimmette, who won the silver medal in 
the doubles luge at the Salt Lake City Winter Olympic games. Mr. 
Speaker, this is not the first time Mr. Grimmette has won an Olympic 
medal. He also won a bronze medal at the Winter Olympic games held in 
Nagano, Japan in 1998. In winning the bronze, Mr. Grimmette helped end 
a 34-year medal drought for America in the Olympic luge event.
  In addition to his excellence in the Olympics, Mr. Grimmette is also 
a three-time U.S. national champion in the luge with his doubles 
partner, Brian Martin. The duo won the World Cup championship in 1998, 
and won two bronze medals during the 2001-2002 World Cup season.
  Mr. Grimmette took his first luge slide at the age of 14 on a track 
he helped build in his hometown of Muskegon, Michigan, which is located 
in the 2nd Congressional District of Michigan. That slide began a 
momentous journey that has taken him to the top in Olympic achievement 
and ultimately earned him recognition as one of the world's best 
lugers.
  Mr. Speaker, Mark Grimmette represents a proud and longstanding 
Olympic tradition in Michigan. He has earned much deserved recognition 
for his accomplishments, and I salute him on his recent Olympic 
success.

                          ____________________




          IN RECOGNITION OF JOHN BROWNE, CHIEF EXECUTIVE OF BP

                                 ______
                                 

                       HON. SHERWOOD L. BOEHLERT

                              of new york

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. BOEHLERT. Mr. Speaker, I rise today to recognize John Browne, 
chief executive of BP for his distinctive leadership on the issue of 
climate change. In 1997, at Stanford University, John Browne took a 
bold step; he broke from his peers in the oil and gas industry and set 
a target to significantly reduce greenhouse gas emissions from company 
operations. The target he set was a ten percent reduction below a 1990 
baseline by the year 2010.
  Just last week this same man again stood before an audience at 
Stanford to announce that the company had achieved the target, and done 
so eight years ahead of schedule. Importantly, this was done at no net 
cost to the company. Mr. Browne further announced that BP would 
continue its quest to reduce the carbon intensity of its activities and 
stabilize carbon emissions at current levels while growing the company. 
This, he said, would be achieved through focusing on technology 
improvements, gains in efficiency and through offering less carbon 
intensive products to customers.
  Mr. Speaker, the actions on the part of John Browne and BP clearly 
demonstrate that a little bit of initiative can go a long way. This is 
leadership--we need more of it here in the U.S. on the matter of 
climate change, because this issue is not going to go away.
  I applaud the achievements of John Browne and the progressive company 
that he leads.

[[Page 3916]]



                          ____________________




                        HONORING ROY C. NICHOLS

                                 ______
                                 

                            HON. BARBARA LEE

                             of california

                    in the house of representatives

                       Wednesday, March 20, 2002

  Ms. LEE. Mr. Speaker, I rise today to honor Bishop Nichols for his 
lifetime of national and international public service. He has been a 
tireless champion for economic, social and civil justice for more than 
50 years.
  He once stated, ``education is critical in achieving national goals. 
Most people forget that the U.S. Constitution was written as a mission 
statement to establish social justice . . . And, public schools must 
foster a sense of justice under which people of diverse economic, 
social, and racial backgrounds can become great.''
  In his efforts to help bring equity to under-served communities, 
Bishop Nichols has served as Chairman of Oakland's Human Relations 
Commission and President of the Sequoyah Heights Board of Directors. He 
has also served as a consultant, lecturer, preacher, interim pastor and 
Bishop in Residence.
  In the late '50s and throughout the 60's, Bishop Nichols, then Pastor 
of Downs Memorial United Methodist Church in North Oakland, joined with 
national leaders to advocate for civic, economic, social and 
educational justice in the Bay Area. He was chair of the Berkeley NAACP 
Education Committee, President of the Berkeley Board of Education (four 
years before the school district became the first to voluntarily 
integrate schools), and hosted the first Black Panthers' Breakfast.
  Since 1968, Bishop Nichols has worked from several different 
positions to raise the principles of justice in the faith community. He 
was a member of the Executive & Central Committees of the World Council 
of Churches of Geneva, Switzerland; President of Christian Associates 
in Western Pennsylvania; President of the Council of Bishops for the 
United Methodist Church; President of the New York Council of Church 
Executives; and President of Africa University's Development Committee.
  Finally as we honor him tonight, I want to thank him on behalf of the 
entire 9th Congressional District for being a great religious and civil 
leader. Bishop Nichols has been a friend who has shared his wisdom and 
has given me support.
  I take great pride in joining Bishop Nichols' friends and colleagues 
to salute the extraordinary Roy C. Nichols.

                          ____________________




      BRING SOCIAL SECURITY PRIVATIZATION TO THE FLOOR FOR DEBATE

                                 ______
                                 

                         HON. ROBERT T. MATSUI

                             of california

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. MATSUI. Mr. Speaker, last year the President convened a special, 
hand-picked commission to study Social Security reform. Unfortunately, 
the commission was comprised entirely of those who support private 
accounts as a precondition to any reform proposals they might consider. 
In December 2001, the commission disbanded after releasing a report in 
which it detailed three privatization options, each of which cuts 
benefits and requires massive general revenue transfers to finance 
private accounts.
  President Bush continues to advocate these untested privatization 
plans as the single solution to Social Security's future financing 
challenges, but he has thus far been unwilling to submit these schemes 
to the rigors of the legislative process of advocacy, testimony, and 
amendment. If these plans are indeed credible options, they should be 
treated as such. They should be marked up in the House Ways and Means 
Committee and brought as soon as possible to the House floor for debate 
and a vote. Should any one of the measures prove feasible or desirable, 
it would subsequently be sent to the Other Body for additional debate 
and votes. Should both houses agree, the legislation would then be sent 
to the President of the United States for his signature or veto.
  Sadly, it appears unlikely that Social Security privatization will 
follow this rational and democratic course. The Republicans refuse to 
place this issue on the agenda. They have scheduled no markups, no 
debate, and no votes on what will be a radical change to the most 
successful program in American history. Meanwhile, the President has 
indicated that he intends to move forward with these proposals next 
year.
  Mr. Speaker, Social Security is a critically important program for 
millions in America, and the American people deserve an honest debate 
on these proposals now. That is why I am introducing this legislation. 
It is the only way the American people will get the debate they 
deserve.
  Simply put, if neither the President nor the Republican majority in 
the House will submit the President's privatization plans to the light 
of day, others will be forced to do it for them. It is with a sincere 
hope for an open and fair debate that I introduce this legislation to 
the House of Representatives. I now call on the Republican majority to 
bring this legislation to the floor.

                          ____________________




                  IN TRIBUTE TO GLEN AND SALLY BECERRA

                                 ______
                                 

                          HON. ELTON GALLEGLY

                             of california

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. GALLEGLY. Mr. Speaker, I rise to pay tribute to two of my 
constituents and friends, Glen and Sally Becerra, who for the second 
year are chairing the Simi Valley Education Foundation's Lew Roth 
Dinner.
  Few passions are more important to the future of America than the 
education of our children. Lew Roth epitomized that passion during 23 
years as a School Board trustee in my hometown of Simi Valley, 
California. We registered in different parties, but we were bound by 
that belief. He was a true teacher and a good friend.
  Lew founded the Simi Valley Education Foundation in 1989 to provide 
the business community and individuals with an avenue to improve our 
schools. The Lew Roth awards were founded after Lew died in 1991 to 
recognize other school personnel who share Lew's passion for educating 
our children. Awarded during a gala dinner celebration, the awards 
honor a classified school employee, a manager, a teacher and a 
volunteer. This year's recipients are PTA volunteer Annette Morgan, 
Garden Grove School Principal Lynn Friedman, Santa Susana School 
cafeteria manager Linda Pistachio, and longtime educator Peggie 
Noisette. They join an elite group more important than any Hall of 
Frame promoted regularly on television.
  This year's gala, to be held on Friday at the Ronald Reagan 
Presidential Library, is a festive gathering that brings the community 
together to recommit to Lew's ideals and his vision. It is an important 
fund-raiser for the non-profit foundation, and provides a large share 
of the funds the foundation spends each year for teacher grants, 
classroom technology and other educational needs. The success of the 
evening helps shape the success of the foundation for the coming year.
  And, the success of the evening depends largely on the people who 
chair the event, the caliber of an active foundation board, and the 
cadre of other volunteers they assemble to assist them. It's a huge 
commitment and one that Glen and Sally Becerra have taken on twice. It 
is anticipated that the galas last year and this year will have raised 
about $200,000 for the foundation.
  I know personally of Glen's and Sally's commitment to family and 
community. They have two young children who are the loves of their 
lives. Sally is a dedicated mother and Glen a dedicated father who 
together actively nurture their children. In addition to serving as a 
foundation board member, Glen is a city councilman. They have long been 
active in their community, like their parents before them.
  Mr. Speaker, I know my colleagues will join me in congratulating 
Gland and Sally Becerra on another successful event and thank them for 
their dedication and ensure our children receive a rich and rewarding 
education.

                          ____________________




      INTERNATIONAL TAX SIMPLIFICATION AND FAIRNESS FOR AMERICAN 
                      COMPETITIVENESS ACT OF 2002

                                 ______
                                 

                           HON. AMO HOUGHTON

                              of new york

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. HOUGHTON. Mr. Speaker, today I am introducing a bill, the 
``International Tax Simplification and Fairness for American 
Competitiveness Act of 2002.'' The world economy continues the process 
of globalizing at a pace unforeseen a few years ago. Our trade laws and 
practices as well as our commitment to the World Trade Organization 
have encouraged the expansion of U.S. business interests abroad. 
However, our tax policy lags far behind and seems out of sync with our 
trade policy. In fact, our international tax policy seems to promote 
consequences that may be contrary to the national interest.
  The United States is the largest trading nation in the world. In 
2000, the value of our exports and imports of goods and services was

[[Page 3917]]

about $2.5 trillion, or 25% of our GDP. Although the U.S. is not as 
dominant in the world markets as in the past, foreign earnings from 
1990-1997 represented a greater percentage (17.7%) of all U.S. 
corporate net income than 40 years ago (7.5%). So our economy is 
becoming more trade dependent than ever.

  We confront an economy in which U.S. multinationals face far greater 
competition in global markets. At the same time, U.S. companies depend 
more than ever on these markets for a much larger share of profits and 
sales. In light of these circumstances, the effects of tax policy on 
the competitiveness of U.S. companies operating abroad is of greater 
consequence today than ever before.

  As we continue to discuss fundamental reform of our tax system. I 
believe it imperative to address the area of international taxation. In 
an Internal Revenue Code that is a monument to complexity, there is no 
area that contains as many difficult and complicated rules as 
international taxation. Further, it cannot be stressed enough as to the 
importance of continued discussion between the Congress and Treasury to 
simplify and make fair our international tax laws. The Treasury's 
publicly expressed intent to work with Congress this year to pursue 
meaningful simplification is very encouraging. The Joint Committee on 
Taxation issued a simplification report last year containing many 
simplification proposals. Some relating to the international tax area 
have been included in the bill.

  No one is under any illusion that the measure being introduced 
removes all complexity or breaks bold new conceptual ground. It is also 
recognized that the enactment of the bill in its entirety is not 
likely. It is a list of options from which to choose for an appropriate 
Ways and Means Committee tax bill. I believe, however, that the 
enactment of any portion of this legislation would be a significant 
step in the right direction. Likewise, there are cost implications to 
enactment. There may well be trade-offs in this regard as we pursue 
other changes in the tax and trade areas. Lastly, the bill attempts to 
avoid rifle shot provisions or to create situations for abuse. The bill 
is subject to an ongoing review to make sure these situations do not 
exist.

  The legislation would enhance the ability of the United States to 
continue as the preeminent economic force in the world. If our economy 
is to continue to create jobs for its citizens, we must ensure that the 
foreign provisions of or our income tax law do not stand in the way.

  There are many aspects of the current system that should be reformed 
and greatly improved. These reforms would significantly lower the cost 
of capital, the cost of administration, and therefore the cost of doing 
business for U.S.-based firms. This bill addresses a number of such 
problems, including significant anomalies and provisions whose 
administrative effects burden both the taxpayers and the government.

  The focus of the legislation is to make the international area more 
rational. In general, the bill seeks in modest but important ways to: 
(1) simplify this overly complex area, especially in subpart F of the 
Code and the foreign tax credit mechanisms; (2) encourage exports; and 
(3) enhance U.S. competitiveness in other industrialized countries.

  In summary, the law as now constituted frustrates the legitimate 
goals and objectives of U.S. businesses and erects artificial and 
unnecessary barriers to U.S. competitiveness. Neither the largest U.S.-
based multinational companies nor the Internal Revenue Service is in a 
position to administer and interpret the mind-numbing complexity of 
many of the foreign provisions. Why not then move toward creating a set 
of international tax rules that taxpayers can understand and the 
government can administer? I believe the proposed changes in this bill 
represent a creditable package and a further step toward reform in the 
international tax area and urge your support.

                          ____________________




                    TRIBUTE TO JOHN ``JACK'' DELMAGE

                                 ______
                                 

                             HON. DOUG OSE

                             of california

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. OSE. Mr. Speaker, I rise today to honor a constituent of mine, 
Private First Class John ``Jack'' Delmage, who served our nation in 
combat during World War II. Born March 24, 1919, Jack Delmage was 22 
when he volunteered to join the Army as our nation joined the war. This 
week, more than 50 years later, Jack will finally receive full 
recognition for his service.

  Jack Delmage joined the elite 551st Parachute Infantry Battalion 
where he earned his Parachutist Badge, known as ``Jump'' Wings. The 
551st has an illustrious record of achievements, including the Army's 
first daylight combat jump and the capture of the first German general. 
During his early missions, Jack earned the Combat Parachutist Badge 
with Bronze Star and the Combat Infantryman's Badge. As a result of his 
actions on August 15, 1944 in Operation Anvil Dragoon, Jack earned the 
French Croix de Guerre Medal with Silver-Gilt Star, awarded by the 
President of France to the 551st Infantry Battalion for the magnificent 
bravery displayed in the capture of Draguignan. In addition, the 
Kingdom of Belgium awarded the 551st a commemorative ribbon for their 
efforts.

  During his distinguished military service in World War II, Jack 
Delmage earned a number of service medals, including: the Bronze Star, 
the Purple Heart, the Army Good Conduct Medal, the American Campaign 
medal, the European-African-Middle Eastern Campaign Medal, the World 
War II Victory Medal, and most recently, the Presidential Unit Citation 
for extraordinary heroism displayed during the Battle of the Bulge.

  Through an unfortunate misunderstanding, his comrades believed Jack 
was killed in action during the Battle of the Bulge, and as a result, 
Jack never received these service medals. I am proud to join Jack 
Delmage this Saturday, March 23, 2002, in a ceremony to receive the 
medals and recognition he has earned and deserves.