CONGRESSIONAL RECORD—HOUSE January 25, 2002 221 HOUSE OF REPRESENTATIVES—Friday, January 25, 2002 The House met at 10 a.m. and was called to order by the Speaker pro tempore (Mr. C U L B E R S O N ) . DESIGNATION OF THE SPEAKER PRO TEMPORE The SPEAKER pro tempore laid before the House the following communication from the Speaker: WASHINGTON. I hereby appoint DC, January 25, 2002. the H o n o r a b l e JOHN A B N E Y CULBERSON t o a c t a s S p e a k e r p r o tem- pore on this day. J. DENNIS Speaker oj the House of HASTERT, Representatives. PRAYER The Chaplain, the Reverend Daniel P. Coughlin, offered the following- prayer: Lord our God, You whose dwelling is in heaven and on Earth and in that undisclosed mystery beyond us. come and bless this place, the House of the United States Representatives. At the beginning of this new session, surround us with Your Holy Spirit. Encompass with Your power all the walls and the dome of this building, truly a symbol to the world of inalienable rights and the freedom of people. May Your divine blessing shield and protect this place from all attack, destruction, storm, sickness, and all that might bring evil to Your people or shake the soul of this Nation. Guide and protect Your elected servants in government and all who work in this place. May all who visit here be treated with respect and kindness. May the comings and goings of Your people be under the seal of Your loving care and all work give glory to Your holy name, now and forever. Amen. THE JOURNAL The SPEAKER pro tempore. The Chair has examined the Journal of the last day's proceedings and announces to the House his approval thereof. Pursuant to clause 1, rule I. the Journal stands approved. PLEDGE OF ALLEGIANCE The SPEAKER pro tempore. The Chair will lead the House in the Pledge of Allegiance. The SPEAKER pro tempore led the Pledge of Allegiance as follows: I pledge a l l e g i a n c e t o the F l a g of the U n i t e d S t a t e s of A m e r i c a , and to the Republic f o r w h i c h it stands, one n a t i o n under God. i n d i v i s i b l e , w i t h l i b e r t y and j u s t i c e f o r a l l . ADJOURNMENT The SPEAKER pro tempore. Without objection, the House stands adjourned until 12:30 p.m. on Tuesday next for morning hour debates. There was no objection. Accordingly (at 10 o'clock and 3 minutes a.m.), under its previous order, the House adjourned until Tuesday, January 29. 2002, at 12:30 p.m., for morning hour debates. EXECUTIVE COMMUNICATIONS. ETC. Under clause 8 of rule XII, executive communications were taken from the Speaker's table and referred as follows: 5222. A l e t t e r f r o m the D e p u t y Chief of N a v a l Operations. D e p a r t m e n t of Defense, t r a n s m i t t i n g ' n o t i f i c a t i o n t h a t the D e p a r t m e n t of the N a v y intends t o c o n v e r t t o perf o r m a n c e by the p r i v a t e s e c t o r the F a c i l i t i e s and E n v i r o n m e n t a l S a f e t y f u n c t i o n s a t P e n sacola, Florida and its detachment, in P a s c a g o u l a . M S , pursuant t o 10 U.S.C. 2461; t o the C o m m i t t e e on A r m e d S e r v i c e s . 5223. A l e t t e r f r o m the P r i n c i p a l D e p u t y Associate Administrator, Environmental P r o t e c t i o n A g e n c y , t r a n s m i t t i n g the A g e n c y ' s f i n a l r u l e — A p p r o v a l and P r o m u l g a t i o n of I m p l e m e n t a t i o n Plans; N e w J e r s e y R e a sonable F u r t h e r P r o g r e s s P l a n s , T r a n s p o r t a t i o n C o n f o r m i t y B u d g e t s and 1 - H o u r Ozone Attainment Demonstrations State Implementation Plans [Region II Docket No. NJ50-238: F R L - 7 1 3 2 - i ] r e c e i v e d J a n u a r y 18. 2002. pursuant to 5 U.S.C. 801(a)(1)(A): t o the C o m m i t t e e on E n e r g y and C o m m e r c e . 5224. A l e t t e r f r o m the A s s i s t a n t Bureau Chief, F e d e r a l C o m m u n i c a t i o n C o m m i s s i o n , t r a n s m i t t i n g the C o m m i s s i o n ' s f i n a l rule— R e d e s i g n a t i o n of the 17.7-19.7 GHz F r e q u e n c y Band, B l a n k e t L i c e n s i n g of S a t e l l i t e E a r t h S t a t i o n s in the 17.7-20.2 GHz and 27.5-30.0 GHz F r e q u e n c y Bands, and the A l l o c a t i o n of A d d i t i o n a l S p e c t r u m in the 17.3-17.8 GHz and 24.75-25.25 GHz F r e q u e n c y Bands f o r Broadcast S a t e l l i t e - S e r v i c e Use [ I B D o c k e t N o . 98172. RM-9005. RM-9118] r e c e i v e d J a n u a r y 16. 2002. pursuant to 5 U.S.C. 801(a)(1)(A); to the C o m m i t t e e on E n e r g y and C o m m e r c e . 5225. A l e t t e r f r o m the S e n i o r L e g a l A d v i sor t o Bureau Chief, Mass M e d i a Bureau. F e d e r a l C o m m u n i c a t i o n s C o m m i s s i o n , transm i t t i n g the C o m m i s s i o n ' s f i n a l r u l e — R e v i e w of the C o m m i s s i o n ' s R u l e s and P o l i c i e s A f f e c t i n g the C o n v e r s i o n t o D i g i t a l T e l e v i s i o n [ M M D o c k e t N o . 00-39] r e c e i v e d J a n u a r y 16. 2002. pursuant t o 5 U.S.C. 801(a)(1)(A); to the C o m m i t t e e on E n e r g y and C o m m e r c e . 5226. A l e t t e r f r o m the D e p u t y Chief, A c counting P o l i c y Division, Federal Communications Commission, transmitting the Commission's final rule—Multi-Association Group ( M A G ) P l a n f o r R e g u l a t i o n of I n t e r s t a t e S e r v i c e s of N o n - P r i c e Cap I n c u m b e n t L o c a l E x c h a n g e C a r r i e r s and I n t e r e x c h a n g e C a r r i e r s [CC D o c k e t No. 00-256]: F e d e r a l S t a t e J o i n t Board on U n i v e r s a l S e r v i c e [CC D o c k e t No. 96-45]: A c c e s s Charge R e f o r m f o r Incumbent L o c a l Exchange Carriers Subject t o R a t e - o f - R e t u r n R e g u l a t i o n [CC D o c k e t No. 98-77]: P r e s c r i b i n g the A u t h o r i z e d R a t e of R e t u r n f o r I n t e r s t a t e S e r v i c e s of L o c a l E x c h a n g e C a r r i e r s [CC D o c k e t N o . 98-166] R e c e i v e d J a n u a r y 16, 2002. pursuant t o 5 U.S.C. 801(a)(1)(A): t o the C o m m i t t e e on E n e r g y and Commerce. 5227. A l e t t e r f r o m the A s s i s t a n t Bureau Chief. IB, F e d e r a l C o m m u n i c a t i o n s C o m m i s sion, t r a n s m i t t i n g the C o m m i s s i o n ' s f i n a l r u l e — R e v i e w of C o m m i s s i o n C o n s i d e r a t i o n of A p p l i c a t i o n s under the Cable L a n d i n g L i cense A c t [ I B D o c k e t N o . 00-106] r e c e i v e d January 16. 2002, pursuant to 5 U.S.C. 801(a)(1)(A); t o the C o m m i t t e e on E n e r g y and Commerce. 5228. A l e t t e r f r o m the Chief, R e g u l a t i o n s and A d m i n i s t r a t i v e L a w , USCG, D e p a r t m e n t of T r a n s p o r t a t i o n , t r a n s m i t t i n g the D e p a r t m e n t ' s f i n a l r u l e — M a n d a t o r y Ship R e p o r t i n g S y s t e m s [USCG-1999-5525] ( R I N : 2115-AF82) r e c e i v e d J a n u a r y 24, 2002. pursuant to 5 U.S.C. 801(a)(1)(A): to the C o m m i t t e e on T r a n s p o r t a t i o n and I n f r a s t r u c t u r e . 5229. A l e t t e r f r o m the Chief, R e g u l a t i o n s and A d m i n i s t r a t i v e L a w . U S C G , D e p a r t m e n t of T r a n s p o r t a t i o n , t r a n s m i t t i n g the Departm e n t ' s f i n a l r u l e — S e c u r i t y Zones; P o r t of L o s A n g e l e s and C a t a l i n a I s l a n d [ C O T P L o s A n g e l e s - L o n g Beach 01-011] ( R I N : 2115-AA97) r e c e i v e d J a n u a r y 24, 2002, pursuant to 5 U.S.C. 801(a)(1)(A): t o the C o m m i t t e e on T r a n s p o r t a t i o n and I n f r a s t r u c t u r e . 5230. A l e t t e r f r o m the Chief, R e g u l a t i o n s and A d m i n i s t r a t i v e L a w , U S C G , D e p a r t m e n t of T r a n s p o r t a t i o n , t r a n s m i t t i n g the D e p a r t m e n t ' s f i n a l r u l e — S e c u r i t y Zone: San Juan, P u e r t o R i c o [CGD07-01-112] ( R I N : 2115-AA97) r e c e i v e d J a n u a r y 24, 2002, pursuant to 5 U.S.C. 801(a)(1)(A): to the C o m m i t t e e on T r a n s p o r t a t i o n and I n f r a s t r u c t u r e . 5231. A l e t t e r f r o m the Chief. R e g u l a t i o n s and A d m i n i s t r a t i v e L a w , USCG, D e p a r t m e n t of T r a n s p o r t a t i o n , t r a n s m i t t i n g the Departm e n t ' s f i n a l r u l e — S e c u r i t y Zones; P o r t of P a l m Beach. P a l m Beach, P L : P o r t E v e r glades. F o r t L a u d e r d a l e , F L : P o r t of M i a m i , M i a m i , F L ; and P o r t of K e y W e s t . K e y West. F L [ C O T P M i a m i 01-115] ( R I N : 2115-AA97) rec e i v e d J a n u a r y 24 . 2002, pursuant to 5 U.S.C. 801(a)(1)(A): t o the C o m m i t t e e on T r a n s p o r t a t i o n and I n f r a s t r u c t u r e . 5232. A l e t t e r f r o m the C h i e f . R e g u l a t i o n s and A d m i n i s t r a t i v e L a w , U S C G . D e p a r t m e n t of T r a n s p o r t a t i o n , t r a n s m i t t i n g the Department's final rule—Safety Zone: Festa I t a l i a n a 2001. M i l w a u k e e H a r b o r , W I [CGD0901-043] ( R I N : 2115-AA97) r e c e i v e d J a n u a r y 24. 2002, pursuant t o 5 U.S.C. 801(a)(1)(A); to the C o m m i t t e e on T r a n s p o r t a t i o n and I n f r a structure. 5233. A l e t t e r f r o m the Chief, R e g u l a t i o n s and A d m i n i s t r a t i v e L a w . USCG, D e p a r t m e n t of T r a n s p o r t a t i o n , t r a n s m i t t i n g the D e p a r t m e n t ' s f i n a l r u l e — S a f e t y Zone; Oak B l u f f s F i r e m a n ' s C i v i c A s s o c i a t i o n , Oak B l u f f s . M A [CGD01-01-131] (RIN: 2115--AA97) received J a n u a r y 24. 2002. pursuant to 5 U.S.C. 801(a)(1)(A); t o the C o m m i t t e e on T r a n s p o r t a t i o n and I n f r a s t r u c t u r e . 5234. A l e t t e r f r o m the Chief. R e g u l a t i o n s and A d m i n i s t r a t i v e L a w . U S C G . D e p a r t m e n t of T r a n s p o r t a t i o n , t r a n s m i t t i n g the D e p a r t m e n t ' s f i n a l r u l e — S a f e t y Zone; M a c y ' s J u l y 4th F i r e w o r k s , E a s t R i v e r . N Y [CGD01-00- • This symbol represents the time of day during the House proceedings, e.g., • 1407 is 2:07 p.m. Matter set in t h i s t y p e f a c e indicates words inserted or appended, rather than spoken, by a Member oi the House on the floor. 222 CONGRESSIONALR E C O R D — S E N A T E222 242] ( R I N : 2115-AA97) r e c e i v e d January 24, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); t o the C o m m i t t e e on T r a n s p o r t a t i o n and Infrastructure. 5235. A l e t t e r f r o m the R e g u l a t i o n s O f f i c e r , Social S e c u r i t y A d m i n i s t r a t i o n , t r a n s m i t t i n g the A d m i n i s t r a t i o n ' s f i n a l r u l e — T h e t i c k e t t o W o r k and S e l f - S u f f i c i e n c y P r o g r a m ( R I N : 0960-AF11) received January 3, 2002, pursuant t o 5 U.S.C. 801(a)(1)(A); t o the Comm i t t e e on W a y s and Means. 5236. A l e t t e r f r o m the D e p u t y S e c r e t a r y , D e p a r t m e n t of Defense, t r a n s m i t t i n g the 2000 A n n u a ] R e p o r t f o r the N a t i o n a l S e c u r i t y Education P r o g r a m , pursuant t o 50 U.S.C. 1906; j o i n t l y t o the C o m m i t t e e s on I n t e l l i g e n c e ( P e r m a n e n t S e l e c t ) and Education and the W o r k f o r c e . PUBLIC B I L L S AND RESOLUTIONS Under clause 2 of rule XII, public bills and resolutions were introduced and severally referred, as follows: By Mr, HOBSON: H.R. 3635. A bill to suspend t e m p o r a r i l y the duty on certain chemicals; t o the C o m m i t t e e on W a y s and Means. By Mr. W Y N N : H.R. 3636. A bill to amend t i t l e 31, United S t a t e s Code, to require the provision of a w r i t t e n p r o m p t p a y m e n t p o l i c y t o each subc o n t r a c t o r under a Federal c o n t r a c t and to require a clause in each subcontract under a Federal c o n t r a c t t h a t outlines the provisions of the p r o m p t p a y m e n t s t a t u t e and other related i n f o r m a t i o n ; to the C o m m i t t e e on Government Reform. B y Mr. W Y N N : H.R. 3637. A bill to amend the S m a l l Business A c t t o provide a p e n a l t y for the f a i l u r e by a F e d e r a l c o n t r a c t o r t o subcontract w i t h small businesses as described in its subcont r a c t i n g plan, and for other purposes; t o the C o m m i t t e e on S m a l l Business. By Mr. W Y N N : H.R, 3638. A bill t o amend the S m a l l Business A c t t o increase the m i n i m u m Government-wide goal for procurement contracts awarded t o small business concerns; to the C o m m i t t e e on S m a l l Business. January 25, 2002 ADDITIONAL SPONSORS Under clause 7 of rule XII, sponsors were added to public bills and resolutions as follows: H.R. 1360: Mr. Sabo. H.R. Mr. 3287: M s . NORTON, Mrs. MORELLA, and HOYER. H . R . 3479: M r . H A Y E S . H . R . 3524: M r . M A T S W . H . R . 3614: M r . P A L L O N E a n d M r . H . J . R e s . 40: M r . WEINER. ROTHMAN. DISCHARGE P E T I T I O N S ADDITIONS OR DELETIONS Tlte following' Members added their names to the following discharge petitions: Petition 4 by Mr. RANDY "DUKE" C U N N I N G H A M on House R e s o l u t i o n 271: Shelley Berkley. P e t i t i o n 3, by Mr. J I M T U R N E R on House R e s o l u t i o n 203: T h o m a s E. P e t r i , Charles F . Bass, Corrine Brown, and R i c h a r d E. Neal. January 25, 2002 CONGRESSIONAL RECORD—SENATE 223 SENATE—Friday, January 25, 2002 The Senate met at 10 a.m. and was called to order by the President pro tempore (Mr. B Y R D ) . PRAYER The Chaplain, Dr. Lloyd John Ogilvie, offered the following' prayer: Spirit of the Living God, infuse our minds with wisdom, our hearts with patriotism, our wills with yielded obedience, and our bodies with energizing strength. Set on fire our spirits with Your love so that we can love even those we find it difficult to love. Burn away any self-centeredness so we can care for the needs of others. Breathe Your life-giving breath into our souls so we can serve, unrestricted by selfserving attitudes. Thank You that You do not tailor our opportunities to our abilities, but rather give us courage to match life's challenges. As this workweek comes to a close, we are amazed at what You can do through us when we put You and our Nation above partisanship, and we are alarmed by how quickly we can be divided by party spirit. Grant the Senators a special measure of greatness to unite in oneness under Your sovereignty. May they glorify You in all that is said and done this day. You are our Lord and Saviour. Amen. PLEDGE OF ALLEGIANCE The PRESIDENT pro tempore led the Pledge of Allegiance, as follows: I pledge a l l e g i a n c e to the F l a g of the U n i t e d S t a t e s of A m e r i c a , and to the Republic f o r w h i c h i t stands, one n a t i o n under God, i n d i v i s i b l e , w i t h l i b e r t y and j u s t i c e f o r a l l . RECOGNITION OF THE ACTING M A J O R I T Y LEADER The PRESIDENT pro tempore. The Senator from Nevada. SCHEDULE Mr. REID. Mr. President, this morning there will be 30 minutes of closing debate on the Smith of Oregon amendment regarding bonus depreciation prior to a 10:30 a.m. rolleall vote in relation to the amendment. Following this vote, the Senate will go into executive session to consider the nominations of Marcia Krieger to be a United States District Judge for the District of Colorado and James Mahan to be a United States District Judge for the District of Nevada. There will be 20 minutes for debate, followed by rolleall votes on these nominations. Following these votes, the Senate will resume consideration of the • Daschle economic recovery amendment. In working with the manager of the bill for the Republicans and Senator BAUCUS, we have worked out an arrangement for amendments this afternoon. So there will be activity on the economic stimulus package this afternoon. RESERVATION OF LEADER TIME The PRESIDENT pro tempore. Under the previous order, the leadership time is reserved. HOPE FOR CHILDREN ACT The PRESIDENT pro tempore. Under the previous order, the Senate will now resume consideration of H.R. 622, which the clerk will report. The legislative clerk read as follows: A b i l l ( H . R . 622) to a m e n d the I n t e r n a l R e v enue Code of 1986 t o expand the a d o p t i o n c r e d i t , and f o r o t h e r pui'poses. Pending: Daschle'Baucus a m e n d m e n t N o . 2698, in the n a t u r e of a substitute. S m i t h of O r e g o n a m e n d m e n t N o . 2705 ( t o the l a n g u a g e proposed t o be s t r i c k e n ) , t o a m e n d the I n t e r n a l R e v e n u e Code of 1986 t o p r o v i d e f o r a special d e p r e c i a t i o n a l l o w a n c e f o r c e r t a i n p r o p e r t y a c q u i r e d a f t e r Sept e m b e r 10, 2001, and b e f o r e S e p t e m b e r 11. 2004. A M E N D M E N T N O . 2705 The PRESIDENT pro tempore. Under the previous order, the time until 10:30 a.m. shall be equally divided and controlled for debate on the Smith amendment No. 2705. The Senator from Oregon is recognized on his amendment. Mr. SMITH of Oregon. I thank the President pro tempore. Mr. President, it is a privilege this morning to speak about a component of the stimulus package which I think does garner wide bipartisan support. There are many good ideas. And I, as a Republican, stand in this Chamber to say I look forward to voting to extend unemployment benefits and health care benefits. I think these ideas add to the demand side of the equation by giving dollars to consumers—to taxpayers—who very much need to make ends meet and to meet life's necessities. There is a supply side to this debate that actually is central to an economic recovery, and that is the supply side of doing things which truly stimulate the economy, because if we want to get back to surpluses, the best way we can do that is by pursuing policies that will lend themselves to growth. The bonus depreciation amendment, which I have before the Senate this morning, does that very thing. It has won verbal support from the likes of Chairman Greenspan and former Clinton Treasury Secretary Robert Rubin, who uniformly endorse a stimulus package, and specifically the immediate stimulative effect on the economy of the temporary enactment of bonus depreciation. I commend the majority leader for much improving his proposal as to the budget, as to the bonus depreciation from its initial offering. But for reasons I will point out, I think it still falls short of what it needs to be if we are truly serious about stimulating the economy. Senator D A S C H L E ' S proposal will allow 30-percent bonus depreciation from only September 11 of last year to September 11 of this current year. This means it will only stimulate business purchases for the next 8 months, assuming we can get the stimulus package passed by February 1. It is 12 months, but it is simply an inadequate period when you figure that 8 months to make business decisions is all that is allowed. So we are left with a proposal to stimulate business that just simply lacks the weight that it needs to do the job. If you look at the facts on business investment, it has fallen precipitously since August of 2000. Consumer spending in this recession has been surprisingly resilient, but business investment has fallen off the table. Today's recession is caused primarily by a decline in business investment. Chairman Greenspan made that clear in his remarks to the Budget Committee yesterday. It is the central reason for this recession. So what kind of investment can we stimulate in the 8 months that remain under the underlying proposal? It probably gives businesspeople time to buy a chair and perhaps some new wastebaskets. a rug for the front office, but 8 months is not enough time to start major projects that would, in fact, employ thousands upon thousands of people. It does not allow time to build heavy equipment, modernize a lumber mill, restart a coal mine, revamp a corporate computer system, rebuild a rail bed, or even to construct an airplane. It doesn't allow enough time to obtain building permits, perform environmental reviews, complete architectural or engineering studies. My amendment allows bonus depreciation for farm equipment and improvements and special purpose agricultural and horticultural buildings. Farmers, unfortunately, may not see the turnaround they need in the next 8 This "bullet" symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. 224 CONGRESSIONAL RECORD—SENATE months. I wish it were so. It may take longer than that. But when the farm economy does recover, they will need to update their equipment, and they ought to have the advantage of the bonus depreciation that we are offering long enough so they can have that advantage, too. Consider the airplane. If you want to build an airplane, the average is it takes about 18 months. So, clearly, that important industry, that very American industry, is left out of the calculation before the Senate, if my amendment is defeated. Eight months is simply not enough time to build an airplane. Moreover, an 8-month bonus depreciation period does not provide insurance against future down ticks in our recovery cycle. These commonly occur when an economy struggles to throw off the shackles of a recession. We need to create a booming economy, not only for today but for the next several years. So I emphasize that the majority's 8-month depreciation proposal lacks the economic weight that our economy now needs. I plead with my colleagues on both sides of the aisle, let's recognize the realities of the business world and provide the kind of stimulus which is meaningful, weighty, and effective. Mr. President, I have been requested to add the names of Senators C O L L I N S and A L L A R D as cosponsors. I ask unanimous consent that they be added. The PRESIDING OFFICER. Without objection, it is so ordered. The PRESIDENT pro tempore. Without objection, it is so ordered. Mr. SMITH of Oregon. Mr. President, I ask unanimous consent that the following letters from the Association for Competitive Technology and the American Electronics Association in support of the Smith amendment be printed in t h e RECORD. There being no objection, the letters were ordered to be printed in the RECORD, a s f o l l o w s : ASSOCIATION COMPETITIVE FOR TECHNOLOGY, Washington, DC, January 25, 2002. T o A L L SENATORS: On behalf of thousands of i n f o r m a t i o n t e c h n o l o g y ( I T ) companies and professionals, I a m writing' t o express m y support f o r the S m i t h ( O R ) a m e n d m e n t t h a t would p r o v i d e a 3-year, 30% bonus depreciation provision. L i k e other companies in our industry, our m e m b e r s f e e l s t r o n g l y about d e p r e c i a t i o n and are p a y i n g close att e n t i o n t o this v o t e . S m a l l business d r i v e s the I T industry. N o sector has created m o r e jobs or advances in t e c h n o l o g y . T h e s e businesses h a v e spent n e a r l y $160 b i l l i o n during the past t w o y e a r s on a c q u i r i n g new products used t o d e v e l o p c u t t i n g edge a p p l i c a t i o n s and services. T h e end result has been a r i c h e r c o m p u t i n g exper i e n c e f o r businesses and consumers. Enhanced d e p r e c i a t i o n schedules w i l l imp r o v e small business p r o d u c t i v i t y , s t r e n g t h en the U.S. e c o n o m y and b o o s t the I T sector. Enhanced d e p r e c i a t i o n m e a n s s m a l l businesses w i l l h a v e the I T t o o l s t h e y need t o s t a y c o m p e t i t i v e — o b s o l e t e I T t o o l s w i l l be one less o b s t a c l e in a s m a l l c o m p a n y ' s g r o w t h and success. F a v o r a b l e expensing rules w i l l free-up s m a l l business c a p i t a l t o g r o w business and increase jobs. M o d e r n i z i n g expense f o r h i g h t e c h n o l o g y e q u i p m e n t can help b o o s t the e c o n o m y a t a t i m e when we need i t m o s t . M y m e m b e r c o m panies f e e l t h a t the t i m e is now to address these changes and the e c o n o m i c stimulus p a c k a g e i t the r i g h t v e h i c l e . T h e one-year, 30% p r o v i s i o n in the D e m o c r a t i c s t i m u l u s b i l l is unacceptable. T h e rea l i t y is t h a t t h e i r " y e a r " ends in S e p t e m b e r 2002, w h i c h o n l y provides seven m o n t h s a t the m o s t f o r companies t o plan f o r and m a k e t e c h n o l o g y purchases. W e hope we can count on y o u to do w h a t ' s best f o r the t e c h n o l o g y industry and v o t e " Y e s " on the S m i t h amendment. Sincerely, JONATHAN ZUCK, President. AEA, Washington, DC, January 25, 2002. DEAR SENATOR: On b e h a l f o f t h e h i g h - t e c h industry, I w r i t e t o express A e A ' s s t r o n g supp o r t f o r the S m i t h a m e n d m e n t calling' f o r a 30 p e r c e n t bonus d e p r e c i a t i o n p r o v i s i o n f o r c a p i t a l assets purchased o v e r the n e x t 36 months. W e b e l i e v e t h a t this is a m e a n i n g f u l accelerated cost-recovery provision for A m e r i c a n business and is essential t o stimul a t e the e c o n o m y . Our industry is u n i f i e d in Its support of such a measure. P l e a s e v o t e in support of the S m i t h amendment. A 30% bonus d e p r e c i a t i o n will s t i m u l a t e g r e a t e r i n v e s t m e n t and p r o v i d e the kind of s t i m u l u s t h a t w i l l s t r e n g t h e n our c o m p a n i e s and c r e a t e m o r e jobs across the c o u n t r y . T h e c u r r e n t e c o n o m i c s l o w d o w n requires this kind of d r a m a t i c , e f f e c t i v e a c t i o n by the Congress. A e A ( A m e r i c a n E l e c t r o n i c s A s s o c i a t i o n ) is the n a t i o n ' s l a r g e s t h i g h - t e c h trade associat i o n and is c o m p r i s e d of m o r e than 3,500 small, m e d i u m and l a r g e h i g h - t e c h companies. P a s s a g e of an e c o n o m i c s t i m u l u s package is v e r y i m p o r t a n t t o the h i g h - t e c h indust r y r i g h t now, and w e hope the U.S. S e n a t e w i l l a c t q u i c k l y t o approve a stimulus package t h a t includes a t least a 30 p e r c e n t bonus depreciation provision. Sincerely, WILLIAM T. ARCHEY, President and CEO. Mr. SMITH of Oregon. Mr. President, I also will note that President Bush also spoke in support of a bonus depreciation only a few days ago. I quote from him: B u t any good stimulus p a c k a g e plan must ask the q u e s t i o n " h o w do w e c r e a t e m o r e j o b s ? " and one w a y to do t h a t is to accele r a t e tax r e l i e f f o r w o r k e r s , and the o t h e r w a y t o do t h a t is to m a k e sure t h a t the T a x Code d o e s n ' t punish companies l i k e W a l k e r . That is the one he was visiting. We o u g h t t o a l l o w t h e m to a c c e l e r a t e the d e p r e c i a t i o n schedule so i t is m o r e l i k e l y t h e y w i l l buy m o r e e q u i p m e n t . That is simply what we are doing, Mr. President. We are trying to allow this bonus with enough time that they can take enough advantage of it for the greater advantage of our entire country. Mr. President, I think we all recognize that the No. 1 issue in the hearts and the homes of the American people January 25, 2002 is economic security, as well as national security. I, for one, was deeply disappointed that we went home for Christmas not as Santa Claus but as Scrooge. We should have done this before we left. I am glad, however, that the majority leader has brought it up and is allowing this to go forward now. I hope we are successful because I think we ought to show the American people that we are doing all we can to make this happen and are taking out the insurance policy that is necessary to support our economy and our people. I ask unanimous consent to add Senator BROWNBACK as a cosponsor of the amendment as well. The PRESIDENT pro tempore. Without objection, it is so ordered. Mr. SMITH of Oregon. Mr. President, I ask my colleagues to vote for this amendment. I think it will win a lot of additional Republican support for the overall effort of the majority leader, and I think for the American people's sake that is important. I yield the floor. The PRESIDENT pro tempore. The Senator from Iowa. Mr. GRASSLEY. Mr. President, how much time is reserved on our side on the Smith amendment? The PRESIDENT pro tempore. The opposition has 11 minutes 44 seconds. The sponsor has 3 minutes 26 seconds. Mr. GRASSLEY. We reserve the time on our side. The PRESIDENT pro tempore. Very well. Who seeks recognition? The Senator from North Dakota, Mr. CONRAD, i s r e c o g n i z e d . Mr. CONRAD. Mr. President, in order to understand and evaluate this amendment, the first thing we have to do is understand our current economic condition. The day before yesterday, the Director of the Congressional Budget Office, Mr. Crippen, informed us that the projection of $5.6 trillion of surpluses over the next 10 years that was made only 1 year ago has now been eroded dramatically, and that what is available to us over the next 10-year period is not $5.6 trillion but $1.6 trillion. That is a loss of $4 trillion of projected surpluses in only 1 year. If we look to the causes for that dramatic change in our fiscal condition, what we see, according to the Congressional Budget Office, is that tax cuts accounted for 42 percent of the reduction in projected surplus: 23 percent is the result of economic changes from the economic slowdown; 18 percent is from other legislation, mostly as a result of the attack on this country of September 11 of last year: 17 percent is the result of certain technical changes. Examples of that are increased costs of Medicare and Medicaid. I think it is critically important, as we evaluate these amendments, to understand our current fiscal condition. The implications of this dramatic drop in the projected surpluses are that we January 25, 2002 225 CONGRESSIONAL RECORD—SENATE have gone from a circumstance in which we were told last year that we would be virtually debt free as a Nation in the year 2008 to now Director Crippen telling us that instead of being debt free in 2008. we will have $2.8 trillion of publicly held debt. As Chairman Greenspan reported to the Budget Committee yesterday, that is the tip of the iceberg because we have other liabilities—so-called contingent liabilities— of another $10 trillion. Mr. President. I think that should sober us in our deliberations today. The implications of all this are serious and far-ranging. It means the total Federal interest costs that we can anticipate are going up by over a trillion dollars. We were told last year we would expect interest costs to the Federal Government of $622 billion over this forecast period. That has now been increased to SI.6 trillion, an increase of over a trillion dollars. Mr. President, perhaps most alarming is that the truth is there are no surpluses left—no surpluses. The only place there is surplus money is in the Social Security trust fund account. If we remove the Social Security trust fund and the Medicare trust fund, what we find—last year, we were told we would have $2.7 trillion in non-trustfund surpluses. Now what we see is a $1.1 trillion deficit. What this means is any proposal before us will take the payroll taxes of our firemen, our policemen, our farmers, our carpenters, our teachers, those who work in our factories, even our own employees, and we will be taking every penny to pay for any of these provisions—however meritorious—right out of the payroll taxes of the taxpayers of America— taxes they were told were being levied to pay for Social Security and Medicare and are now being taken not to pay for Social Security and Medicare— oh, no—but now to pay for any tax relief provision that is being considered in this Chamber. Mr. President. I believe that sets the very high bar with respect to any of these proposals. Now comes this well-intended amendment. I have high regard for the Senator offering this amendment. He is a respected member of the Budget Committee. I support bonus depreciation as part of a stimulus package, but bonus depreciation over 3 years defeats the purpose of a stimulus package. Stimulus packages, as Secretary Rubin described it to us. as Chairman Greenspan described it to us. are designed to change economic behavior now—not 3 years from now but now. And if instead of doing 1-year depreciation, we do 3 years' depreciation, what we have actually done is to encourage people to wait to make the investment. That is precisely what we should not do. What we need to do is encourage people to invest now. Mr. SARBANES. Will the Senator yield on that point? Mr. CONRAD. I will be happy to yield. Mr. SARBANES. Isn't it, in fact, correct that this proposal, the 3-year bonus depreciation, is contradictory within its own terms? What you want to do with a stimulus—and I am for a 1-year bonus depreciation because I think that may serve as an incentive for additional investment in order to realize the benefit of the bonus depreciation in the first year—if you make it a 3-year bonus depreciation, the latter part of the bonus depreciation is countering the front part of the bonus depreciation, which is exactly what we do not want. We want to do the 1 year. We will see what the 1 year gives us. where the economy is at the end of the 1 year and whether an additional effort is needed. But to do 3 years so someone can say, I will not do it this year, I will not do it next year, I will do it in the third year of the bonus depreciation, is exactly contrary to what we are trying to accomplish. Isn't that, in fact, the case? Mr. CONRAD. It is precisely the case. Again I say. I am a supporter as well of bonus depreciation. I agree with everything the Senator from Oregon said with respect to the merits of bonus depreciation, but I have to say to my colleague. I think it would be a profound mistake to do 2 or 3 years because that simply encourages people to wait rather than creating an incentive to act now, to invest now. to give lift to the economy now. The message that is being sent is wait. That is not the message we ought to send. That is not just the conclusion of this Senator or the conclusion of the Senator from Maryland but the Congressional Budget Office, which at my request did an analysis of the various stimulus proposals and concluded on this whole question that, " A longer period would give a bigger average yearly boost, but more of it would come at the end of the period than at the beginning, delaying the stimulative effect." Delaying the stimulative effect. Is that what we want to do. delay the stimulative effect? I do not think so. That goes directly counter to what a stimulus package is supposed to do. Mr. SARBANES. Will the Senator yield on that point? Mr. CONRAD. I will be happy to yield. Mr. SARBANES. In fact, as I understand it, the Congressional Budget Office said in a report evaluating the various stimulus options: Extending- the period during which such expensing could be used would reduce the bang for the buck because it would decrease businesses' incentive to invest in the first year and increase the t o t a l revenue cost. We would lose on the stimulus front, and we would add to the deficit problem, which the Senator has so ably outlined, that we confront as we look out into the future. Mr. CONRAD. Actually, the result of passing the Smith amendment would have the perverse result of decreasing the impact of the stimulus and increasing the debt, increasing the deficits, which is the worst stew you could cook. Mr. President, I point out that as we started this whole question of stimulus, the budgeteers on the House side and the Senate side on a bipartisan basis agreed to a set of principles to apply. One of them was a stimulus sunset. That principle says: A l l economic stimulus proposals should sunset within 1 year, to the e x t e n t practicable. This amendment, as well intended as it is, violates that basic principle. Yesterday we heard from Chairman Greenspan. The headline in the Washington Post today is: "Greenspan Doubts Need for Tax Cuts." While we may agree or disagree on that question, I frankly think additional stimulus would be a good insurance policy, but I think it should be, with respect to this provision, 1 year. I think that gives us the greatest stimulus and does the least damage to our long-term deficit situation. Chairman Greenspan yesterday said he is very conflicted about a stimulus package. He said: Since the nature of the coming recovery remains uncertain and m a y be r e l a t i v e l y weak, having some additional stimulus could be helpful. I agree with him on that. He said: On the other hand, such a package would deepen the budget d e f i c i t this year which would not be a good idea. Mr. Greenspan went on: T h e r e is a possibility, depending on the provisions of a stimulus plan, that it could have a modest n e g a t i v e e f f e c t on the longterm economic outlook. Mr. President, it is very clear that the best advice we have gotten is that we should have stimulus, that we should have it limited to 1 year so we do not dig the hole deeper in the outyears in light of the dramatic change in our fiscal condition. I will conclude by showing what the amendment of the Senator will do. The revenue lost this year is $39 billion, but that pales in comparison to the loss from 2002 to 2006 of $82 billion. Mr. SARBANES. Will the Senator yield on that point? Mr. CONRAD. I will be happy to yield. The PRESIDENT pro tempore. The time of the opposition has now expired. Mr. SARBANES. Mr. President. I ask unanimous consent for 30 seconds. The PRESIDENT pro tempore. Is there objection? Mr. SARBANES. And 30 seconds for the other side. Mr. GRASSLEY. I will not object if we have 30 seconds. The PRESIDENT pro tempore. Is there objection? 226 CONGRESSIONAL RECORD—SENATE Without objection, it is so ordered. Mr. SARBANES. I thank the Chair. I thank my good friend from Iowa. Mr. President, I want to add one dimension of this—the loss of cost in Federal revenue. There is also an impact of this on State revenue. One of the problems we are confronting by this economic downturn is what it has done to State budgets. Bonus depreciation over a 3-year period will cost significantly more to the State governments, whose revenue structures are tied to the Federal revenue structure, than the 1-year plan. It is estimated, in fact, that it will probably cost the States in the billions just in the second year of a bonus depreciation. This is a further complication that arises out of this proposal. Mr. CONRAD. Mr. President, I ask for an additional 30 seconds on both sides. The PRESIDENT pro tempore. Is there objection? Without objection, it is so ordered. The Senator is recognized. Mr. CONRAD. Mr. President, I raise a point of order that the pending amendment violates section 311(a)(2)(B) of the Congressional Budget Act of 1974 and ask for the yeas and nays. The PRESIDENT pro tempore. The point of order is immaterial while time remains. Mr. GRASSLEY. Mr. President, I yield the remainder of our time this way: 1 minute to the Senator from Oklahoma, the remaining time to the Senator from Kansas, and the Senator from Kansas will go first. Mr. SMITH of Oregon. Mr. President, if I may in response The PRESIDENT pro tempore. Time is running. Mr. GRASSLEY. I have to yield time: 1 minute, half a minute, and the remaining time to the Senator from Kansas. The PRESIDENT pro tempore. The Senator from Kansas. Mr. BROWNBACK. I thank the Chair. Mr. President, I rise to speak on behalf of the Smith amendment but more to speak on behalf of the Boeing workers around my State and around the country. I have great respect for the Senator from North Dakota and the Senator from Maryland for the efforts they are putting forward. In the proposal they are putting forward, which basically has an 8-month window, we are not going to build any additional planes based upon that. We need the longer depreciation period because a plane is a major investment project. It takes decisionmaking time to put that forward, and we need this greater depreciation. I have been in close touch with the Boeing workers in Wichita. We have other aircraft manufacturers that are located in Wichita, whether it is Cessna or Raytheon or Lear Jet, and they are saying we have to have this if we are actually going to stimulate people to buy airplanes. This is a major decision they have to make, and they need the longer timeframe for it to be able to occur. We are talking about thousands of jobs in this industry that were directly hit because of September 11. That is why I speak on their behalf, and I ask my colleagues to consider what impact this has had to aircraft manufacturing workers who were directly hit by the September 11 events. They need this longer depreciation schedule for major companies to make the decision to buy the planes. In an 8-month time period—that is the basic framework of this 1-year proposal—we will only have 8 months to act on it. Those decisions cannot and will not be made in that period of time that would be involved for a company to decide to put millions of dollars out for aircraft. They have been contacting me and are strongly supportive of the longer depreciation time period saying that is what we need, and I ask we consider what happens to the aircraft workers. That is what we ought to be thinking about on this particular amendment. If we want to stimulate this work, if we want to stimulate manufacturing, we need the Smith amendment for the longer timeframe. I reserve the remainder of our time, and I yield to the Senator from Oklahoma for his 1 minute. The PRESIDENT pro tempore. The Senator from Oklahoma. Mr. NICKLES. Mr. President, first I wish to compliment my colleague from Oregon, Senator SMITH, for his amendment because he is trying to put some stimulus in the stimulus package. Right now, under the so-called Daschle package, there is no beef. There is nothing that is going to create jobs. The only thing that could even remotely be called a stimulus would be the depreciation section, and when one reads the depreciation section there is nothing there. I have heard colleagues say Senator D A S C H L E ' S amendment has a depreciation section for 12 months. Well, 4 months of those 12 months have already expired. How many jobs are we going to create for the past 4 months? That has already happened. There are only 8 months remaining. I doubt this is going to be enacted into law today, and so it is going to be less than 8 months. So the stimulative portion of this might last for 7 months. Senator S M I T H happens to have a business background. I used to be in the private sector. We cannot pass a bill and say to the business community, go out and make investments, and by the way you have to make the investment in the next 6 months and it has to be put into action, according to the Daschle amendment, by December. One just does not do it. January 25, 2002 One might buy a few little things but they are not going to make a significant investment. It will not happen. Jobs are not going to be created. The PRESIDENT pro tempore. The Senator from Oklahoma has used 1 minute. Mr. NICKLES. Mr. President, how much time do we have remaining on our side? The PRESIDENT pro tempore. Thirty-five seconds. Mr. NICKLES. I will use the remainder of the time unless others want it. I, again, thank my colleague from Oregon because he is trying to put stimulus in this so-called stimulus package. If we want to strictly have a spending bill, let's have a spending bill. That is really what most of the Daschle package is. The Smith amendment says, let us have some stimulus. This has passed the House. It was part of the bipartisan bill that we had Democrats and Republicans say we can pass. It is one of the things for which the President has asked. Let us do something that would help create jobs. If we do not pass this amendment, I do not think the underlying amendment is worth passing. That is my observation. I urge my colleagues to support the Gordon Smith amendment. The PRESIDENT pro tempore. The time has expired. The Senator from North Dakota. Mr. CONRAD. Mr. President, in my role as Budget Committee chairman. I raise a point of order that the pending amendment violates section 311(a)(2)(B) of the Congressional Budget Act of 1974 and ask for the yeas and nays. The PRESIDENT pro tempore. Is there a sufficient second? The Senator from Oregon. Mr. SMITH of Oregon. Mr. President, I move to waive the respective section of the Budget Act with regard to my amendment and ask for the yeas and nays on this motion. The PRESIDENT pro tempore. Is there a sufficient second? There is a sufficient second. The question is on agreeing to the motion. The clerk will call the roll. The assistant legislative clerk called the roll. Mr. REID. I announce that the Senator from Hawaii (Mr. AKAKA), the Senator from New York (Mrs. C L I N T O N ) , the Senator from Connecticut (Mr. DODD), the Senator from North Dakota (Mr. DORGAN), the Senator from Massachusetts (Mr. KENNEDY), the Senator from Georgia (Mr. MILLER), and the Senator from Florida (Mr. NELSON) are necessarily absent. I further announce that, if present and voting, the Senator from New York (Mrs. CLINTON) and the Senator from North Dakota (Mr. DORGAN) would each vote "no." Mr. NICKLES. I announce that the Senator from New Mexico (Mr. D O M E N ICI), the Senator from Oklahoma (Mr. January 25, 2002 CONGRESSIONAL RECORD—SENATE INHOFE). the Senator from Arizona (Mr. KYL), the Senator from Alaska (Mr. MURKOWSKI), the Senator from Kansas (Mr. ROBERTS), the Senator from Alabama (Mr. SESSIONS), the Senator from Alabama (Mr. SHELBY), the Senator from Ohio (Mr. VOINOVICH), and the Senator from Arizona (Mr. M C C A I N ) are necessarily absent. I further announce that, if present and voting, the Senator from Oklahoma (Mr. INHOFE) would vote " y e a . " The yeas and nays resulted—yeas 39, nays 45, as follows: [Rolleall V o t e No. 3 Leg.] YEAS—39 A Hard Allen Bennett Bond Brownback Running Burns Campbell Cochran Collins Craig Crapo DeWine Ensign Enzi Fitzgerald Frist Gramm Grass ley Gregg Hagel Hatch Helms Hutchinson Hutchison Lott Baucus Bayh Biden Bingaman Boxer Breaux By I'd Cantwell Carnahan Carper Chafee Cleland Conrad Corzine Daschle Dayton Durbin Edwards Feingold Feinstein Graham Harkin Hoilings Inouye Jeffords Johnson KerryKohl Landrieu Leahy Lugar MeConnell Nickles San to rum Smith Nickles Reed Re id Rockefeller San to rum Sarbanes Schumer Smith Nickles Reed Reid Rockefeller San tor urn Sarbanes Schumer Smith (NH) Smith (OR) Snowe Specter Stabenow Stevens Thomas Thurmond Torricelli Warner Wellstone Wyden VOTING—19 Inhofe Kennedy Kyl McCain Miller Murkowski Nelson ( F L ) Roberts Sessions Shelby Thompson Voinovich The nomination was confirmed. L E G I S L A T I V E SESSION The PRESIDENT pro tempore. Under the previous order, the Senate will return to legislative session. HOPE FOR CHILDREN ACT— Continued The PRESIDENT pro tempore. The clerk will report the title. The assistant legislative clerk read as follows: A b i l l ( H . R . 622) t o a m e n d t h e I n t e r n a l R e v e n u e C o d e o f 1986 t o e x p a n d t h e a d o p t i o n credit, and for o t h e r purposes. The PRESIDENT pro tempore. The Senator from Vermont. Mr. LEAHY. Mr. President, I understand under the unanimous consent request I am to be recognized, but the distinguished Senator from Illinois and the distinguished Senator from Oregon are here, and I ask unanimous consent it be in order first to recognize the distinguished Senator from Illinois for 2 minutes, then the distinguished Senator from Oregon for 1 minute, and the distinguished Senator from Oklahoma, the Republican assistant leader, for 30 seconds, and then we revert back to my original time. The PRESIDENT pro tempore. Is there objection to the several requests? There being no objection, the requests are agreed to. The Senator from Illinois. The PRESIDENT pro tempore. The Senator from Illinois. AMENDMENT NO. 2714 TO AMENDMENT NO. 26S8 (Purpose: T o provide enhanced unemployment compensation benefits) Mr. DURBIN. Pursuant to an earlier unanimous consent request, I am sending to the desk an amendment being offered by me on behalf of the majority leader. The PRESIDENT pro tempore. The clerk will report. The legislative clerk read as follows: T h e S e n a t o r f r o m I l l i n o i s [ M r . DURBIN], f o r h i m s e l f . M r . WELLSTONE, M r . D A Y T O N , MS. LANDRIBU, a n d M r s . LINCOLN, p r o p o s e s a n a m e n d m e n t n u m b e r e d 2714. Mr. DURBIN. I ask unanimous consent reading of the amendment be dispensed with. The PRESIDENT pro tempore. Without objection, it is so ordered. (The text of the amendment is printed in today's R E C O R D under "Amendments Submitted.") Mr. DURBIN. Mr. President, this is part of the economic stimulus package. It is an amendment agreed to by both sides, Democrats and Republicans, to extend the unemployment insurance benefits to those States which will provide protection, expanded coverage for part-time workers who otherwise would not be eligible for unemployment compensation, and expand coverage to low-wage and recent hires who are also out of work and cannot be covered by unemployment. It also increases benefit levels under unemployment compensation by 15 percent or $25 per week, whichever is greater. These proposals are temporary. All of the funding comes from Federal funding sources from the unemployment insur- 229 ance fund. The amendment costs about $15 billion in one year, but it will provide direct, immediate relief to unemployed people across America. When we return next Tuesday, I will speak to this amendment at length. I hope my colleagues will join me in supporting it on a bipartisan basis. I yield the floor. The PRESIDENT pro tempore. The Senator from Oregon. Mr. SMITH of Oregon. Mr. President, I thank the chairman of the Judiciary Committee for allowing me a minute to simply notify the Senate that I will redo my amendment and try to get 60 votes. It will come back and be filed later today. It will have a 2-year time period beginning January 1 of this year and going for 2 years, with a 30-percent depreciation bonus, and it will also specifically include the motion picture industry so that they can have the advantage of this stimulus as well. I think it is critical we do what the the Senator from Illinois is talking about, and it is also critical we do something that is actually stimulatory of the economy. Two years is the absolute minimum, if we are serious about this part of the stimulus bill. I yield the floor. The PRESIDENT pro tempore. The Senator from Oklahoma. Mr. Nickles. Mr. NICKLES. I ask unanimous consent that it be in order I ask for the yeas and nay on amendment No. 2698. The PRESIDENT pro tempore. Is there objection to the request that it be in order? Mr. LEAHY. Reserving the right to object—I understand there is no objection. The PRESIDENT pro tempore. Without objection, it is so ordered. Is there a sufficient second? There is a sufficient second. The yeas and nays are ordered. Mr. NICKLES. I thank my colleague. The PRESIDENT pro tempore. The Senator from Vermont. Mr. LEAHY. Is the Senator from Vermont correct that following my statement the distinguished senior Senator from Utah is to be recognized? The PRESIDENT pro tempore. That is correct. JUDICIAL NOMINATIONS Mr. LEAHY. I thank the distinguished Presiding Officer. Mr. President, I appreciate the fact that the majority leader and the assistant majority leader moved to consider additional judicial nominations today. Both Senator D A S C H L E and Senator R E I D have been working very diligently to clear these nominations which were put on the Executive Calendar as we went out of session prior to the new year. They have worked very hard to return the Senate's consideration of judicial nominations to a more orderly and open process. I compliment the 230 CONGRESSIONAL RECORD—SENATE Senator from South Dakota and the Senator from Nevada for their efforts and thank them for their leadership. Along with our Senate leaders, many Senators have been working to move away from the anonymous holds and inaction on judicial nominations that characterized so much of the period from 1996 through the year 2000. Since the change in majority last summer, we have already made a difference in terms of both the process and its results. The number of vacancies and the number of confirmations have finally begun to move in the right directions. We reported more judicial nominees after the August recess than in any of the preceding 6 years, and more than in any similar period over the preceding 6V2 years. The Senate Judiciary Committee during the time I have been chairman did not have and has not yet had a year in which to work. Last session we had less than 6 months. Still, in the last 5 months of last year, the Senate confirmed almost twice as many judges as were confirmed in the first year of the earlier Bush administration. We also confirmed more judges, including twice as many judges to the courts of appeals, as in the first year of the Clinton administration. The Senate confirmed the first new member of the Fifth Circuit in 7 years, the first new judge for the Fourth Circuit in 3 years, and the first new judge for the Tenth Circuit in 6 years. As we begin this new session, I will take a moment to report where we are in the handling of judicial nominations and to outline the road ahead. The distinguished Presiding Officer knows more of the history of this body than any of the nearly 260 or 270 Senators with whom I have served—I suspect Of course, more than two-thirds of more than a lot of others with whom the Federal court vacancies continue he has served. I hope he will not feel it to be on the district courts, and the adpresumptuous if I take a few minutes ministration has been slow to make to touch on the history and legacy of nominations to the vacancies in these the last 6 years as it relates to judicial trial courts. In the last 5 months of nominations. last year, the Senate confirmed a highThose last 6 years have left a residue er percentage of the President's disof problems that I think are going to trict court nominees than a Republican take a continuing effort to purge. We majority had allowed the Senate to are not going to do it in 1 day or 1 confirm in the first session of either of weekend, but it is going to have to be the last two Congresses with a Demoa continuing effort of both parties, Re- cratic President. publicans and Democrats, and the Last year, the White House did not White House. make nominations to almost 80 percent After going through that history, I of the current trial court vacancies. am going to offer the steps that we in When we came back to session, we the majority will take in good faith to began with 55 out of the 69 vacancies undo the damage of the last 6 years. without nominees. Then I am going to call on the White Since the change in majority last House to help us take similar steps to summer, we have acted in the Senate help move the process forward. I do to build better practices into the conthis both in my capacity as the Sen- firmation process for Federal judges ator from Vermont—a position I honor, and to make it more orderly. We made and I am always thankful to the people some progress at the end of last year of my great and beautiful State for let- when, after many months, the White ting me be here—but also carrying the House and our Republican colleagues responsibility my caucus has given me finally agreed to limited steps to upby allowing me to be chairman of the date and to simplify the committee Senate Judiciary Committee. questionnaire, which seemed to have One of the lessons I learned early on grown like Topsy over the years. in this body from the distinguished And we have opened up the process as Presiding Officer is that if you are the never before. For the first time, the Juchairman of a committee, you have a diciary Committee is making public responsibility to that committee, to the blue slips sent to home State Senyour caucus, but also to the Senate, ators. Until last summer these matters the whole Senate. I respect that. were treated as confidential materials. So let me talk about the Judiciary They were restricted from public view. Committee. In a span of less than 6 We have moved nominees with less months, and in a year that was tumul- time from hearings to the committee's tuous for the Nation and the Senate, business meeting agenda, and then the Judiciary Committee, between onto the floor, where nominees have reJuly and the end of the session in De- ceived timely rolleall votes and concember, held hearings on 34 judicial firmations. Over the preceding 6V2 nominees. We reported 32 and the Sen- years, at least eight judicial nominees ate confirmed 28. As of today, we add 2 who completed a confirmation hearing more and the Senate has now approved were never considered by the com30 of those judicial nominations. mittee and were simply abandoned They are conservative Republicans, without any action. Before my chairbut nearly all were unanimously ap- manship, there were at least eight judiproved by Democrats, Republicans and cial nominees who got a hearing but Independent alike on the Judiciary never even got a vote—not a vote on Committee and by the Senate, in a the floor, Mr. President, they never got a vote in committee. democratically-controlled Senate. January 25, 2002 Also, the past practices of extended unexplained anonymous holds on nominees after a hearing were not evident in the second half of last year, as they had been in the recent past. By the time the Judiciary Committee was reorganized and began its work last summer, the vacancies on the Federal courts were peaking at 111. That is what I faced as the Committee began its work—111 vacancies. Since then, 25 additional vacancies have arisen. Through hard work in the limited time available to us, we were able to outpace this high level of attrition. By contrast, when my friends on the other side of the aisle took charge of the Senate in January 1995, until the majority shifted last summer, judicial vacancies rose from 65 to more than 100, an increase of almost 60 percent. The Judiciary Committee simultaneously, during those last 5 months of last year, held 16 confirmation hearings for executive branch nominees. We sent to the Senate nominees who were confirmed for 77 senior executive branch posts, including the Director of the FBI, the head of the Drug Enforcement Administration, the Commissioner of the Immigration and Naturalization Service, the Director of the U.S. Marshals Service, the Associate Attorney General, the Director of ONDCP, the Director of the Patent and Trademark Office, 7 assistant attorneys general, and 59 U.S. attorneys. Senators may recall that soon after the Senate confirmed Judge Roger Gregory as the first new Federal judge nominated by this President last July, the White House counsel said in an interview that he did not expect the Senate to confirm more than five judges before the end of 2001. Just think about that: The White House said last July that they did not expect the Senate to confirm more than five judges before the end of 2001. Of course, that estimate of 5 was actually an upward revision. Initially some on the other side of the aisle, after the midyear change of majority, had proclaimed that the Democratic majority would not confirm a single judge. The White House, I think, trying to appear more bipartisan, upped the estimate from zero to 5. Of course, we achieved much more than that and confirmed more than 5 times the number of judges that the White House counsel had predicted. One might have thought from the constant barrage of partisan criticism that 2001 resembled 1996, a year in which a Senate Republican majority confirmed only 17 judges, none of them appellate-level nominees. The worst fear of some, it has been clear, is that Democrats would treat Republican nominees as poorly as Democratic judicial nominees were treated by a Republican Senate. That is not what has happened. In just 5 months we went on to confirm 28 additional judges, as I have said, more than January 25, 2002 CONGRESSIONAL RECORD—SENATE five times the number the White House predicted we would confirm. Think of that, Mr. President—five times what the White House was telling- the American people we would confirm. The Senate can be proud of its record in the first session of the 107th Congress of beginning to restore steadiness in its handling of judicial nominees. I want to build on that record in the second session of the 107th. Yesterday the Judiciary Committee held another hearing for judicial nominees. That was the 12th since July. This morning the Senate is confirming the first two judges of this session and the 29th and 30th since the change in majority last summer. The legacy of strife over the filling of judicial vacancies that we all must work to overcome began in 1996, when months went by without the Republican Senate acting on judicial nominations from a Democratic President. Later that same year, outside groups began forming to raise money on their pledge to block action on judicial nominees and to " k i l l " Clinton nominees. As the new session opened in 1997. efforts were launched on the Republican side of the aisle to slow the pace of Judiciary Committee and Senate proceedings on judicial nominations and to erect new obstacles for nominees. The results were soon apparent delaying the process, and they persisted throughout the remainder of President Clinton's administration. Those times stand in sharp contrast to the last 5 months of last year, in which I noticed a hearing within 10 minutes of becoming chairman of the full committee, chaired unprecedented hearings during the August recess, ancl held hearings and votes throughout the period after September 11 and during the closure of our offices and hearing rooms after Senator D A S C H L E and I received anthrax filled letters. I want to emphasize that. During that time, 50 men and women who were nominated and who went through all the vetting, FBI backgrounds, ancl everything else, never received a hearing and a committee vote, many after waiting for years. They included Judge James A. Beaty, Jr., Judge James Wynn. and J. Rich Leonard, nominees to longstanding vacancies on the Fourth Circuit; Judge Helene White, Kathleen McCree-Lewis and Professor Kent Markus. nominees to the Sixth Circuit; Allen Snyder and Professor Elana Kagan, nominees to vacancies on the D.C. Circuit; and James Duffy and Barry Goode, nominees to the Ninth Circuit: Bonnie Campbell, the former Attorney General of Iowa and former head of the Violence Against Women Office at the Department of Justice, nominated to the Eighth Circuit; Jorge Rangel, H. Alston Johnson, and Enrique Moreno, each nominated to the Fifth Circuit; Robert Raymar and Robert Cindrich, among the nominees to the Third Circuit; and District Court nominees like Anabelle Rodriguez. John Bingler, Michael Schattman. Lynette Norton, Legrome Davis. Fred Woocher, Patricia Coan, Dolly Gee, David Fineman. Ricardo Morado. David Cercone, and Clarence Sundram. None of these qualified nominees was given a vote. Over the course of those years, Senate consideration of nominations was often delayed for not months but years. It took more than four years of work to get the Senate to vote on the nominations of Judge Richard Paez and Judge William Fletcher: almost three years to confirm Judge Hilda Tagle; more than two years to confirm Judge Susan Mollway. Judge Ann Aiken, Judge Timothy D.yk, Judge Marsha Berzon, and Judge Ronald Gould; almost two years to confirm Judge Margaret McKeown and Judge Margaret Morrow and more than a year to confirm several others during the preceding 6V2 years of Republican control. During those years, the Republican majority in the Senate went an entire session without confirming even a single judge for the Courts of Appeals. As few as three appellate nominees were granted hearings and committee votes in an entire session. During that time, the Republican majority averaged eight hearings a year for judicial nominees and had as few as six during one entire session. One session of Congress, the Republican majority allowed only 17 judges to be confirmed all year, and that included not a single judge to any Court of Appeals. All the while, the judicial vacancy rate continued to worsen. The problems did not end when President Clinton left office. New problems have arisen through unilateral actions taken by the Bush administration in its handling of judicial nominations. Fifty years ago, President Dwight Eisenhower started a policy of having the American Bar Association clo a review of judicial nominees. That practice by President Eisenhower was followed by President Kennedy. It was then followed by President Johnson. It was then followed by President Nixon. It was then followed by President Ford. It was then followed by President Carter. It was then followed by President Reagan. It was then followed by the first President Bush. It was then followed by President Clinton. But when this new White House came in, they decided summarily to end that 50-year practice. Senators are still going to ask at least to have that ABA background done. It does not mean that peer review is controlling, by any means. What is happening now is that instead of having that ABA peer review done simultaneously with the FBI background check and having the ABA report come 231 to the Senate around the same time as the FBI report, the Administration sends up the nominee, and the Senate has to wait 6 or 8 weeks more to get the ABA vetting. The vetting processes could have done both at the same time and potentially save 2 months in the process. This unilateral approach in vetting nominees and disregarding the Senate's longstanding practice is similar to another disregarding of the longstanding practice that encouraged consultation with home-State Senators, both Republicans and Democrats. That has needlessly complicated the Senate's handling of several of the nominations. I realize we are looking back over the first year of a new administration. But I am laying out this history to them because it is a history of the handling of nominees that has worked fairly well for Republicans and Democrats alike since President Eisenhower's time. Maybe we ought to go back to the things that have worked. In addition, the White House has not responded to our repeated requests to help the Senate work through residual issues caused by the Republican Senate's earlier actions and inactions related to several circuit courts. We hear about all the vacancies on the circuit courts without mention of the fact that there have been previous qualified nominees for the vacancies on whom the Republican-controlled Senate refused to proceed. That has created problems that have grown and festered over time. They are not going to be remedied immediately, especially in the absence of White House cooperation. One of the best friends I have in the Senate is Senator O R R I N H A T C H of Utah. Senator H A T C H and I can sit down and work out many of these things. But we cannot do it by ourselves if the White House is uninterested in working with us. They ought to understand that we are able to work out most of our problems. They ought to take advantage of that and work with us. Let us turn to look at where we go from here. I think we made a good beginning in the first 6 months of Democratic leadership in the Senate. But the way forward is not easy. If we want to have continued progress, it is going to require leadership and cooperation and good will not only within the Senate but by the White House. These are the steps that the Judiciary Committee will take in good faith. I want to lay this out for my colleagues. First, we are going to restore steadiness in the hearing process. The committee will hold regular hearings at a pace that will exceed the pace of the last 6 years. Following longstandingcommittee practice, each hearing typically will involve several nominees—a circuit court nominee and a number of district court nominees. 232 CONGRESSIONAL RECORD—SENATE Since the Senate's reorganization last July, we have convened judicial nominations hearings each and every month. I mention that because, by contrast, in the 72 months that the Republican majority most recently controlled scheduling such hearings, in 30 of those months no hearings were held at all, and in another 34 months only one hearing was held. Yesterday we held our 12th hearing since July. If we are able to keep pace, we will hold more hearings this session than were held in any of the 6V2 years of Republican control and more than twice as many as were held in some of those years. Secondly, we will include hearings for a number of controversial nominees who do not have a blue slip problem. We will convene a hearing the week after next on the nomination of Charles W. Pickering for the Fifth Circuit Court of Appeals. I fully expect we will also have hearings on other nominations for which consensus will be difficult, including such nominees as Judge Priscilla Owen, Professor Michael McConnell, and Miguel Estrada. Third, we will continue to seek a cooperative and constructive working relationship not only with our colleagues on the other side of the aisle but also with the White House. I ask the White House to help make the confirmation process more orderly and less antagonistic, and thus make it more productive. Finding our way forward out of the legacy of the last 6 years is going to require some White House cooperation. The President represents one of our three branches of Government. We in the Senate represent one. We are talking about working together in matters that affect our third branch. I take very seriously the advise and consent clause of the Constitution. It does not say: Advise and rubberstamp. It says advise and consent. The distinguished Presiding Officer, the President pro tempore, knows better than anybody else in this body the kind of debate that went on at the founding of this country on the constitutional requirement of advice and consent. Our Founders made very sure we, the people, had a voice in these appointments. This is a democracy, not a regency. I will strive—whether we have a Democratic President or a Republican President—to uphold the right, and not just the right, the duty of the Senate, to fulfill its advise and consent role. It is one of the most important roles this body has ever had because it is exclusively in this great Chamber, in this great body. Senators really do not follow their oath of office if they do not uphold that right and that privilege and that duty of advice and consent. I have heard the distinguished Presiding Officer speak of the number of Presidents with whom he has served. He very correctly has pointed out, we January 25, 2002 do not serve under a President, we that there not be a rollback in the protections of individual rights, civil serve with a President. I have enormous respect for all Presi- rights, workers" rights, consumers' dents I have served with, Republicans rights, business rights, privacy rights, and Democrats. They are a major part and environmental protection. Secondly, I ask the President to reof our Democratic framework. Whoever is President carries an awesome burden consider his early decision on peer reand should be helped in carrying out view vetting. It has needlessly added that burden. But we carry an awesome months to the time required to begin burden on advice and concept, as well. the hearing process for each nominee. Let us try to bring the duties and For more than 50 years, the American rights and obligations at one end of Bar Association was able to conduct its Pennsylvania Avenue closer to the du- peer reviews simultaneously with the ties and rights and obligations at the FBI background check procedures. As I other end of Pennsylvania Avenue and said earlier, that meant that when nominations were sent to the Senate, see how we might work together. So today I ask the President, for his the FBI report and the ABA report part, to consider several steps, each of were sent at approximately the same which makes a tangible improvement time, and we could start moving forin the consideration of judicial nomi- ward to review nominations and schedule hearings from that day. nations. We had occasions last year when we First, the most progress can be made quickly if the White House would begin proceeded with hearings with fewer working with home State Senators to District Court nominees than I would identify fair-minded, nonideological, have liked because recent nominees' consensus nominees to fill these court files were not yet complete. I worry that same problem will be repeated vacancies. One of the reasons that the com- this year. For example, in relation to the FBI mittee and the Senate were able to work as rapidly as we did in confirming and the ABA background materials on now 30 judges in the last few months the 24 District Court nominations that was because those nominations were we received in the last day or so, we strongly supported as consensus nomi- are not going to have all that material nees by people from across the political until March or April. That is regrettable. It was avoidable. We could have and legal spectrums. I have heard of too many situations, had it all here today so we could start in too many States, involving too reviewing those nominations and conmany reasonable and constructive sidering them for hearing agendas home State Senators, in which the right away. White House has shown no willingness Now, no Senator is bound by the recto work cooperatively to find can- ommendations of the ABA. And I would didates to fill vacancies. The White never suggest that a Senator be bound House's unilateralism is not the way by that. Each Senator is bound by their the process is intended to work. It is own conscience and their own sense of not the way the process has worked what is right. But the White House can under past administrations. I urge the make it clear that it is not bound eiWhite House to show greater inclusive- ther but that it is restoring a tradiness and flexibility and to help make tional practice—not because it intends this a truly bipartisan enterprise. to be bound by the results of that peer Logjams persist in several settings, review but solely to remove an element the legacy of the last 6 years. To make of delay that it had inadvertently inreal progress, the White House and the troduced into the confirmation process. Senate should work together to repair The White House can expressly ask the damage and move forward. the ABA, if they want, not to send the As I said before, the Constitution di- results of its peer reviews to the execurects the President to seek the Sen- tive but only to transmit them to the ate's advice and consent in his appoint- committee. Few actions available to ments to the Federal courts. The lack either the Senate or the White House of effort on the advice side of that obli- could make as constructive a contribugation gives rise to a general impres- tion as would the President's resolusion, heightened by the White House's tion of this problem. I ask him to serirefusal to work cooperatively with ously and thoughtfully consider taking some home State Democratic Senators, it. It would take 1 minute of decision: and by its unwillingness to listen to it would save months of time. suggestions to continue the bipartisan In conclusion, whether we succeed in commissions that have been a tradi- improving the confirmation process is tion, for years, in many States, that going to depend in large measure on the White House and some in the Sen- whether our goals are shared by Repubate are intent on an ideological take- lican Senators and the White House. over of our courts. We will not have repaired the damage With the circuits so evenly split in so that has been done if we make progress many places, nominees to the Courts of this year and the improvements we are Appeals may have a significant impact able to make are not institutionalized on the development of the law for dec- and continued the next time a Demoades to come. Some of us are concerned cratic President or, for that matter, a January 25, 2002 CONGRESSIONAL RECORD—SENATE different Republican President is the one making' judicial nominations. In the statements I have heard and read from the Republican side, I have not heard them concede any shortcomings in the practices they employed over the previous 6V2 years, even though since the change in majority last summer, we have exceeded their pace and productivity over the prior 6V2 years. If their efforts were acceptable or praiseworthy as some would argue, I would expect them to commend our better efforts since last July. If they did things they now reg'ret, their admissions would go far in helping establish a common basis of understanding and comparison. Taking that step would be a significant gesture. It is something that has not yet occurred. I wish it would. Whether it occurs or not, I want to move forward. The nominees voted on this morning and those included at our most recent hearings yesterday are clear evidence, again, that consensus nominees with widespread bipartisan support are more easily and quickly considered by the committee and confirmed by the Senate. I believe there was not a single vote against either of the judges confirmed today. There are still far too many judicial vacancies. We have to work together to fill them. We have finally begun moving the confirmation and vacancy numbers in the right directions. The way forward is difficult. Democrats alone cannot achieve what should be our common goal of regaining the ground lost over the last 6 years. But all of us together can achieve that. I invite each with a role in this process to join that effort. If I could close on a personal note, as I said before, the ranking member of the Senate Judiciary Committee, the senior Senator from Utah, is a close personal friend. I have been in the position of ranking member of that committee while he was chairman. I know many times he had to urge actions to move forward, actions with which many in his caucus did not agree. But he did. and I commend him for it. For my part, I pledge, during this year or whatever time I am chairman, to meet on a regular basis with my friend from Utah to try to iron out as many problems as we can. I believe there is a mutual respect between the two of us. But I would also urge the White House to realize that they do not act in a vacuum. to understand it is a democracy, to take a moment to reread the advice and consent clause. Let us work together. Things will go a lot faster and a lot better that way. I yield the floor. The PRESIDING OFFICER (Mr. LEAHY). The distinguished senior Senator from Utah. Mr. HATCH. Mr. President, I don't want to take this time to engage in statistical judo on judicial nominees. I 233 personally have appreciated our chair- nominees will subsist. I think we are man and the work he did last year. We above that. are friends, and I intend to work very At the outset of the second session of closely with him. Hopefully we can put the 107th Congress, we have an opporthrough a lot of judges this year, as we tunity in the Senate to make a real difdid for President Clinton in his second ference in the administration of justice year. in this country. This opportunity is the Mr. President, the record is clear. chance to halt the vacancy crisis that Here are the true facts, the numbers presently plagues the Federal courts. A for the first years and for the current new congressional session provides session. I gave an extensive speech at many opportunities to make changes the end of last year, and it shows where and allocate our time to those matters we stand today and what we did to es- most pressing. Our Nation is facing tablish a near record with 377 Clinton many great challenges, ranging front judges. That is five fewer than for threats of terrorism at home and President Reagan, the all-time cham- abroad to the struggling economy. We pion of confirmed judges. I can say, have a lot of work to do. categorically, there would have been at One of the most pressing matters we least three more than what President must address this session is the vaReagan had, had it not been for holds cancy crisis in the Federal court syson the Democrat side of the Chamber. tem. I was interested in some of the So the all-time champion would have statistics my colleague from Vermont been William Jefferson Clinton as gave. In 1992, the Democrats controlled President. The Democrats, not the Re- the Senate and therefore the Senate publicans, stopped the approximately Judiciary Committee. On election day eight or nine additional Clinton nomi- 1992, when William Jefferson Clinton nees who otherwise would have been was elected President of the United confirmed. States, there were 97 vacancies and 54 Sometimes it was for petty reasons of President Bush's nominees left hangthat holds were put on. But the fact is ing without a vote. (Some of those 54 that holds came from the other side. neglected nominees have now been reOne thing we did not do is apply any nominated by the current President litmus test. Today, some special inter- Bush.) Of the 54, there were about 6 est groups are urging the Democrats to who were nominated so late in the sesapply one. Had we Republicans applied sion that there wasn't really an opporan abortion litmus test to President tunity on the part of Senator B I D E N or Clinton's nominees, perhaps fewer than the committee to confirm them. So, a dozen judges would have gone really. 48 were left hanging without a through. If the Senate were to get into vote. By contrast, when George W. the litmus test game, we would cer- Bush was elected President, there were tainly hurt this body and this country 67 vacancies—30 fewer than eight years a great deal. Everyone knows that earlier when the Democrats controlled when we elect a President, we are the Senate Judiciary Committee. And choosing the person who has the power for those 67 vacancies, there were 41 to pick the judges in this country. As nominees left hanging. In other words, long as the President's nominees are the Republicans left 13 fewer nominees qualified, the Senate ought to approve than the Democrats did. But, of the 41, 9 were nominated so late in that sesthe President's judges. There were a variety of reasons that sion that there was no chance any Juprevented several of President Clin- diciary Committee chairman could ton's nominees from getting confirmed, have gotten them through. So, in esincluding some who lacked the support sence, there were 32 nominees that did of their home State Senators. But the not get voted on at the end of the Clinoverall record makes clear that we ton Administration. The fact is that 32, contrasted with were fair. As my colleague, Senator LEAHY, said, our job was not to simply the 48 that the Democrats left hanging rubberstamp President Clinton's when they controlled the Senate, is a judges. The current President does not pretty good record. It was the best we expect a rubber stamp either. So, mere could do given the individual cirnumbers and statistics—as my distin- cumstances presented. A couple were guished chairman, the Senator from held up because of home State SenVermont, listed—do not give the full ators. I could not solve that problem. picture because they do not explain the Neither could Senator LEAHY. There reasons in particular cases. And our were some who were held up because of current President has been more delib- further investigation that had to be erative, more cooperative in his selec- made and questions that had arisen. tion, evaluation, and nomination of Some were held up because of other judges than any other President while matters in the FBI reports or problems that existed that we could not solve beI have been serving in the Senate. I have to be honest, I am concerned fore election day. On January 1 of this year. Supreme about the tone I have heard today. But I still remain cautiously optimistic Court Chief Justice William Rehnquist that the Senate will do the right thing released his 2001 year-end report on the with regard to judges, and I keep hope Federal judiciary. I ask unanimous alive that this bitter tone on judicial consent it be printed in the R E C O R D . 234 CONGRESSIONAL RECORD—SENATE There being no objection, the material was ordered to be printed in the RECORD, a s f o l l o w s : 2001 Y E A R - E N D R E P O R T ON T H E FEDERAL JUDICIARY I. O V E R V I E W T h e 2001 Y e a r - E n d R e p o r t on the F e d e r a l J u d i c i a r y is m y 16th. 2001 w i l l surely be rem e m b e r e d by the e n t i r e c o u n t r y , including the federal J u d i c i a r y , f o r the t e r r o r i s t att a c k s of S e p t e m b e r 11 and the a n t h r a x contamination that followed. I r e c e i v e d word of the f i r s t s t r i k e on the W o r l d T r a d e C e n t e r as the 26 f e d e r a l judges who are m e m b e r s of the J u d i c i a l C o n f e r e n c e of the U n i t e d S t a t e s w e r e preparing to convene a t the S u p r e m e C o u r t the m o r n i n g of S e p t e m b e r 11. I t soon b e c a m e clear t h a t w e would h a v e t o cancel the C o n f e r e n c e session and e v a c u a t e the building, the f i r s t c a n c e l l a t i o n of a C o n f e r e n c e m e e t i n g since its crea t i o n in 1922. Just six and a half w e e k s later, our Court was f o r c e d to e v a c u a t e the building- again a f t e r traces of a n t h r a x w e r e found in our o f f site m a i l f a c i l i t y . F o r the f i r s t t i m e since our b u i l d i n g opened in 1935, the C o u r t heard a r g u m e n t s in a n o t h e r l o c a t i o n — t h e c e r e m o nial c o u r t r o o m in the D i s t r i c t of C o l u m b i a E. B a r r e t t P r e t t y m a n F e d e r a l Courthouse. T h e Court was also f o r c e d out of its q u a r t e r s in the C a p i t o l when the B r i t i s h burned p a r t of the C a p i t o l building- in A u g u s t 1814. D e s p i t e the e f f e c t s of e v e n t s since Sept e m b e r 11, the f e d e r a l courts, a l o n g w i t h the rest of our g o v e r n m e n t , h a v e g'otten b a c k to business, even if n o t business as usual. Our Court has k e p t its a r g u m e n t schedule, federal (and s t a t e ) c o u r t s h a v e m e t , a l b e i t w i t h heightened s e c u r i t y , and w i t h i n t h r e e weeks, the J u d i c i a l C o n f e r e n c e c o m p l e t e d by m a i l all of the business t h a t had been on the schedule f o r S e p t e m b e r 11 and t h a t could n o t be postponed. II. E N S U R I N G A W E L L - Q U A L I F I E D A N D STAFFED JUDICIAL FULLY BRANCH T h e federal courts w e r e created by the Jud i c i a r y A c t of 1789, w h i c h established a Supreme Court and d i v i d e d the c o u n t r y i n t o three c i r c u i t s and 13 d i s t r i c t s . T h i s structure has o b v i o u s l y changed g r e a t l y since 1789, but one t h i n g has n o t changed: the f e d e r a l courts have f u n c t i o n e d through wars, n a t u r a l disasters, and t e r r o r i s t a t t a c k s . During- t i m e s such as these, the r o l e of the courts becomes even m o r e i m p o r t a n t in order t o e n f o r c e the rule of law. T o c o n t i n u e f u n c t i o n i n g e f f e c t i v e l y and e f f i c i e n t l y , h o w e v e r , the courts must be a p p r o p r i a t e l y s t a f f e d . T h i s means t h a t necessary judgeships m u s t be created and j u d i c i a l v a c a n c i e s m u s t be t i m e l y f i l l e d w i t h w e l l - q u a l i f i e d candidates. Promptly filling vacant judgeships I t is b e c o m i n g i n c r e a s i n g l y d i f f i c u l t t o find q u a l i f i e d c a n d i d a t e s f o r f e d e r a l j u d i c i a l vacancies. T h i s is p a r t i c u l a r l y true in the case of l a w y e r s in p r i v a t e p r a c t i c e . T h e r e are t w o reasons f o r these d i f f i c u l t i e s : the r e l a t i v e l y low p a y t h a t f e d e r a l judges r e c e i v e , c o m pared to the a m o u n t t h a t a successful, experienced p r a c t i c i n g l a w y e r can m a k e , and the o f t e n l e n g t h y and unpleasant n a t u r e of the c o n f i r m a t i o n process. Of the inadequacy of j u d i c i a l pay I h a v e spoken a g a i n and again, w i t h o u t much result. Judges a l o n g w i t h Congress h a v e rec e i v e d a c o s t - o f - l i v i n g a d j u s t m e n t this y e a r , and f o r this t h e y are g r a t e f u l . B u t a C O L A o n l y keeps judges f r o m f a l l i n g f u r t h e r behind the m e d i a n i n c o m e of the profession. I can o n l y r e f e r b a c k to w h a t I h a v e p r e v i o u s l y said on this subject. I spoke t o d e l a y s in the c o n f i r m a t i o n process in m y annual r e p o r t in 1997. T h e n as now I r e c o g n i z e t h a t p a r t of the p r o b l e m is end e m i c to the size of the f e d e r a l J u d i c i a r y . W i t h m o r e judges, there are m o r e r e t i r e m e n t s and m o r e v a c a n c i e s t o f i l l . B u t as I said in 1997, " [ w j h a t e v e r the size of the federal j u d i c i a r y , the P r e s i d e n t should n o m i n a t e candidates w i t h reasonable promptness, and the S e n a t e should a c t w i t h i n a reasonable t i m e t o c o n f i r m or r e j e c t them. S o m e c u r r e n t n o m i n e e s h a v e been w a i t i n g a considerable t i m e f o r a S e n a t e J u d i c i a r y Comm i t t e e v o t e or a f i n a l f l o o r v o t e . T h e S e n a t e c o n f i r m e d o n l y 17 judges in 1996 and 36 in 1997, w e l l under the 101 judges i t c o n f i r m e d during 1994." A t that time, President Clinton, a Democrat, made the n o m i n a t i o n s , and the Senate, c o n t r o l l e d by the Republicans, was responsible f o r the c o n f i r m a t i o n process. N o w the p o l i t i c a l s i t u a t i o n is e x a c t l y the reverse, but the same s i t u a t i o n obtains: the S e n a t e conf i r m e d o n l y 28 judges during 2001. When the S e n a t e a d j o u r n e d on D e c e m b e r 20th, 23 c o u r t of appeals n o m i n e e s and 14 d i s t r i c t c o u r t n o m i n e e s w e r e l e f t a w a i t i n g a c t i o n by the J u d i c i a r y C o m m i t t e e or the f u l l Senate. When I spoke to this issue in 1997, there w e r e 82 j u d i c i a l vacancies; when the S e n a t e adjourned on D e c e m b e r 20th there w e r e 94 vacancies. T h e S e n a t e o u g h t t o a c t w i t h reasonable promptness and to v o t e each n o m i nee up or down. T h e S e n a t e is not, of course, obliged to confirm any particular nominee. B u t i t o u g h t to a c t on each n o m i n e e and to do so w i t h i n a reasonable t i m e . I r e c o g n i z e t h a t the S e n a t e has been faced w i t h m a n y c h a l l e n g e s this y e a r , but I urge p r o m p t att e n t i o n t o the c h a l l e n g e of b r i n g i n g the federal j u d i c i a l branch closer to f u l l s t a f f i n g . T h e c o m b i n a t i o n of inadequate pay and a d r a w n - o u t and uncertain c o n f i r m a t i o n process is a handicap t o j u d i c i a l r e c r u i t m e n t across the board, but i t m o s t s i g n i f i c a n t l y r e s t r i c t s the universe of l a w y e r s in p r i v a t e p r a c t i c e w h o are w i l l i n g t o be n o m i n a t e d f o r a f e d e r a l judgeship. U n i t e d S t a t e s a t t o r n e y s , public defenders, f e d e r a l m a g i s t r a t e and b a n k r u p t c y judges, and s t a t e c o u r t judges are o f t e n n o m i n a t e d t o be d i s t r i c t judges. F o r t h e m the pay is a m o d e s t i m p r o v e m e n t and the c o n f i r m a t i o n process a t least does n o t d a m a g e t h e i r c u r r e n t i n c o m e . M o s t acad e m i c l a w y e r s are in a s i m i l a r s i t u a t i o n . B u t for lawyers coming directly from private p r a c t i c e , there is both a s t r o n g f i n a n c i a l disi n c e n t i v e and the p o s s i b i l i t y of losing c l i e n t s In the course of the w a i t f o r a c o n f i r m a t i o n vote. F o r m e r m a g i s t r a t e , b a n k r u p t c y , and s t a t e c o u r t judges, as w e l l as prosecutors and public defenders, h a v e served a b l y as federal dist r i c t and c i r c u i t judges, b r i n g i n g t h e i r insights i n t o the process gained f r o m experience, B u t w e h a v e n e v e r had, and should n o t want, a J u d i c i a r y composed o n l y of those persons who are a l r e a d y in the public service. I t would t o o much r e s e m b l e the judicia r y in c i v i l law countries, w h e r e a law graduate m a y choose upon g r a d u a t i o n to enter the j u d i c i a r y , and w i l l t h e r e a f t e r g r a d u a l l y w o r k his w a y up o v e r t i m e . T h e result is a j u d i c i a r y q u i t e d i f f e r e n t f r o m our c o m m o n l a w s y s t e m , w i t h our p r a c t i c e of d r a w i n g on successful m e m b e r s of the p r i v a t e bar to bec o m e judges. R e a s o n a b l e people, n o t m e r e l y here but in Europe, t h i n k t h a t m a n y c i v i l law j u d i c i a l s y s t e m s s i m p l y do n o t c o m m a n d the respect and e n j o y the independence of ours. We m u s t n o t d r a s t i c a l l y shrink the number of j u d i c i a l n o m i n e e s who h a v e had substantial e x p e r i e n c e in p r i v a t e p r a c t i c e . T h e f e d e r a l J u d i c i a r y has t r a d i t i o n a l l y drawn f r o m a w i d e d i v e r s i t y of professional January 25, 2002 backgrounds, w i t h m a n y of our m o s t well-respected judges c o m i n g f r o m p r i v a t e practice. A s to the Supreme Court, J u s t i c e L o u i s D. Brandeis, who was k n o w n as " t h e people's a t t o r n e y " f o r his pro bono w o r k , spent his e n t i r e career in p r i v a t e p r a c t i c e b e f o r e he was named to the S u p r e m e C o u r t in 1916 by President Wilson. Justice John Harlan served in several g o v e r n m e n t posts e a r l y in his career, but the l i o n ' s share of his experience prior to his n o m i n a t i o n by P r e s i d e n t E i s e n h o w e r in 1954 was in p r i v a t e practice. When appointed to the Court of Appeals f o r the Second C i r c u i t , a y e a r b e f o r e his app o i n t m e n t to the S u p r e m e Court, J u s t i c e H a r l a n succeeded Judge A u g u s t u s Hand. Judge Hand and his cousin, L e a r n e d Hand, are well k n o w n as g r e a t c o u r t of appeals judges; both spent v i r t u a l l y all the t i m e bet w e e n their g r a d u a t i o n f r o m law school and t h e i r a p p o i n t m e n t as federal judges in private practice. Retired Justice Byron White, w h o p l a y e d p r o f e s s i o n a l f o o t b a l l f o r the Det r o i t L i o n s on the w e e k e n d s w h i l e a t t e n d i n g Y a l e L a w School, was in p r i v a t e p r a c t i c e in Colorado f o r n e a r l y 14 y e a r s before j o i n i n g the Justice D e p a r t m e n t as deputy a t t o r n e y g e n e r a l to R o b e r t K e n n e d y . Less than a year later, P r e s i d e n t K e n n e d y named Justice W h i t e t o the Court. J u s t i c e W h i t e was the c i r c u i t J u s t i c e f o r the T e n t h C i r c u i t , where Judge A l f r e d P . M u r r a h served as a d i s t r i c t judge in O k l a h o m a and as a judge on the c o u r t of appeals. Judge Murrah, who spent his e n t i r e career in p r i v a t e p r a c t i c e b e f o r e b e c o m i n g a judge, is r e m e m b e r e d f o r much m o r e than having- the O k l a h o m a C i t y f e d e r a l building named a f t e r h i m . Before beingnamed a judge on the Court of A p p e a l s f o r the Second C i r c u i t . J u s t i c e T h u r g o o d M a r shall spent his career in the p r i v a t e sector. He f i r s t opened his own l a w p r a c t i c e in B a l t i m o r e and then f o r m a n y y e a r s w o r k e d as the t o p l a w y e r for the N A A C P , becoming- known as " M r . C i v i l R i g h t s . " J u s t i c e Marshall l e f t his seat on the c o u r t of appeals to b e c o m e S o l i c i t o r General of the U n i t e d S t a t e s b e f o r e P r e s i d e n t Johnson named h i m t o the Sup r e m e Court in 1967. John Brown, R i c h a r d R i v e s , E l b e r t T u t t l e and John M i n o r Wisdom, w e l l - k n o w n f o r t h e i r courage in e n f o r c ing this C o u r t ' s c i v i l r i g h t s decisions as judges on the Court of A p p e a l s for the F i f t h Circuit, all served a l m o s t e x c l u s i v e l y in priv a t e p r a c t i c e before t h e i r a p p o i n t m e n t s to the bench. On behalf of the J u d i c i a r y , I ask Congress t o raise the salaries of f e d e r a l judges, and I ask the S e n a t e to schedule up or down v o t e s on j u d i c i a l n o m i n e e s w i t h i n a reasonable t i m e a f t e r r e c e i v i n g the n o m i n a t i o n . Creating necessary new judgeships L a s t y e a r I expressed hope t h a t the 107th Congress would t a k e a c t i o n on the J u d i c i a l C o n f e r e n c e ' s request to establish 10 addit i o n a l c o u r t of appeals judgeships, 44 addit i o n a l d i s t r i c t c o u r t judgeships and 24 new b a n k r u p t c y judgeships. N o a d d i t i o n a l court of appeals judgeships h a v e been created since 1990. N o new b a n k r u p t c y judgeships h a v e been created since 1992, a l t h o u g h the number of cases f i l e d has increased by n e a r l y 500,000 since then. T h e 107th Congress has n o t created a single new judgeship. D e s p i t e a s i g n i f i c a n t increase in w o r k l o a d , the Courts of A p p e a l s f o r the F i r s t , Second, and N i n t h C i r c u i t s h a v e n o t increased in size f o r 17 y e a r s — s i n c e 1984. D u r i n g t h a t t i m e period, a p p e l l a t e f i l i n g s in the F i r s t C i r c u i t h a v e risen 65%. in the Second C i r c u i t t h e y have risen a l m o s t 58%, and in the N i n t h Circ u i t a p p e l l a t e f i l i n g s have a l m o s t doubled— rising 94.6%. T h e J u d i c i a l C o n f e r e n c e has asked t h a t the Congress c r e a t e one new app e l l a t e judgeship f o r the F i r s t Circuit, t w o January 25, 2002 I urge the Congress to a c t on a l l of the pending requests f o r new judgeships during its n e x t session. III. I N T E R N A T I O N A L J U D I C I A L EXCHANGES T h e f e d e r a l J u d i c i a r y c o n t i n u e s to p l a y a v i t a l r o l e in the d e v e l o p m e n t of independent j u d i c i a l s y s t e m s in c o u n t r i e s around t h e world. T h i s y e a r o v e r 800 r e p r e s e n t a t i v e s f r o m m o r e than 40 f o r e i g n j u d i c i a l s y s t e m s f o r m a l l y v i s i t e d the S u p r e m e Court of the U n i t e d S t a t e s s e e k i n g i n f o r m a t i o n a b o u t our s y s t e m of j u s t i c e . On S e p t e m b e r 25, 2001, I led a s m a l l d e l e g a t i o n r e p r e s e n t i n g the f e d e r a l J u d i c i a r y on a j u d i c i a l e x c h a n g e in G u a n a j u a t o , M e x i c o . T h e v i s i t was a t the i n v i t a t i o n of G e n a r o D a v i d G o n g o r a P i m e n t e l , P r e s i d e n t of the M e x i c a n S u p r e m e Court, and f o l l o w e d a s i m i l a r v i s i t t o W a s h i n g t o n by a M e x i c a n d e l e g a t i o n in N o v e m b e r 1999. Our t r a v e l i n g to M e x i c o w i t h i n t w o w e e k s of the Sept e m b e r 11 a t t a c k s underscored the i m p o r tance of this e x c h a n g e . I a m g r a t e f u l to P r e s i d e n t G o n g o r a P i m e n t e l and his colleagues f o r t h e i r i n v i t a t i o n to m e e t w i t h t h e m in M e x i c o and f o r t h e i r c o m m i t m e n t to s t r e n g t h e n i n g cross-border j u d i c i a l r e l a t i o n s in N o r t h A m e r i c a . T h e v i s i t b r o u g h t h o m e n o t o n l y the close c o n n e c t i o n s of our t w o countries, but the i m p o r t a n c e of w o r k i n g w i t h o t h e r j u d i c i a r i e s to i m p r o v e the functioning 1 of a l l j u d i c i a l syst e m s . T h e F e d e r a l J u d i c i a l Center, the A d m i n i s t r a t i v e O f f i c e of the U n i t e d States Courts, and the I n t e r n a t i o n a l J u d i c i a l R e l a t i o n s C o m m i t t e e of the J u d i c i a l C o n f e r e n c e h a v e also p r o v i d e d m a n y i n t e r n a t i o n a l visitors w i t h i n f o r m a t i o n , e d u c a t i o n , and techn i c a l assistance t o i m p r o v e the a d m i n i s t r a tion and independence of f o r e i g n c o u r t s and enhance the rule of law. T h r o u g h these judic i a l exchanges, we also g a i n v a l u a b l e insights i n t o our own j u d i c i a l s y s t e m by exchanging 1 i n f o r m a t i o n w i t h f o r e i g n v i s i t o r s and by v i s i t i n g f o r e i g n courts. I m p r o v i n g the a d m i n i s t r a t i o n of j u s t i c e — h e r e and in o t h e r courts around the w o r l d — h a v e b e c o m e even m o r e i m p o r t a n t in the age of the g l o b a l economy. I V . 'I'HE Y E A R I N 235 CONGRESSIONAL RECORD—SENATE judgeships f o r the Second C i r c u i t , f i v e f o r the N i n t h C i r c u i t and t w o f o r the S i x t h Circuit. w h i c h has had o n l y one a d d i t i o n a l judgeship since 1984. Congress has r e c o g n i z e d the crisis faced by the o v e r w h e l m i n g caseloads in the Southw e s t e r n border states. A l t h o u g h w e are t h a n k f u l t h a t Congress has p r o v i d e d addit i o n a l judges during the 106th Congress f o r four of the f i v e a f f e c t e d districts, it has n o t a l l e v i a t e d the v e r y serious p r o b l e m faced by the Southern D i s t r i c t of C a l i f o r n i a , based in San D i e g o , a d i s t r i c t w i t h no j u d i c i a l v a c a n cies. T h e judges there h a v e the h i g h e s t number of f i l i n g s per judge of any f e d e r a l d i s t r i c t c o u r t in the n a t i o n and the J u d i c i a l Conf e r e n c e has requested t h a t e i g h t a d d i t i o n a l d i s t r i c t judgeships be c r e a t e d f o r this district. REVIEW The Supreme Court of the United States T h e w o r k of the S u p r e m e C o u r t c o n t i n u e s to g r o w m o d e s t l y , p u t t i n g an i n c r e a s i n g strain on the S u p r e m e C o u r t ' s building', the i n f r a s t r u c t u r e of w h i c h has n o t been changed in a n y basic w a y since the building 1 was opened in 1935. I wish t o t h a n k C h a i r m a n Byrd, R a n k i n g M i n o r i t y Member Stevens. C h a i r m a n Y o u n g . Ranking' M i n o r i t y M e m b e r Obey, C h a i r m a n H o l l i n g s , R a n k i n g M i n o r i t y M e m b e r G r e g g . C h a i r m a n W o l f , and R a n k i n g Minority Member Serrano for their efforts to secure funds to m o d e r n i z e our Supreme Court building. I a m h o p e f u l t h a t the re- m a i n i n g funds necessary t o i m p l e m e n t our b u i l d i n g m o d e r n i z a t i o n p r o g r a m , w h i c h has been in the planning s t a g e f o r s e v e r a l y e a r s , w i l l be included in our F i s c a l Y'ear 2003 app r o p r i a t i o n . S i g n i f i c a n t s a f e t y and s e c u r i t y upgrades t o t h e S u p r e m e C o u r t b u i l d i n g are included in the p r o j e c t and should n o t be delayed. T h e t o t a l number of case f i l i n g s in the Sup r e m e Court increased f r o m 7,377 in the 1999 T e r m to 7,852 in the 2000 T e r m — a n increase of 6.4%. F i l i n g s in the C o u r t ' s in f o r m a pauperis d o c k e t increased f r o m 5,282 t o 5,897—an 11.6% rise. T h e C o u r t ' s paid d o c k e t decreased by 138 cases, f r o m 2,092 t o 1.954—a 6.6% decline. D u r i n g the 2000 T e r m , 86 cases w e r e argued and 83 w e r e disposed of in 77 signed opinions, c o m p a r e d to 83 cases argued and 79 disposed of in 74 signed o p i n i o n s in the 1999 T e r m . N o cases f r o m the 2000 T e r m w e r e scheduled f o r r e a r g u m e n t in the 2001 T e r m . A l t h o u g h t h e c l o s i n g of our b u i l d i n g did n o t d e l a y any scheduled a r g u m e n t s , the i n t e r r u p t i o n in m a i l d e l i v e r y in the W a s h i n g t o n area m a y h a v e an i m p a c t on the n u m b e r of cases heard by the C o u r t this T e r m . The Federal Courts' Caseload In F i s c a l Y e a r 2001. f i l i n g s in the 12 reg i o n a l courts of appeals rose 5% to 57,464—a new a l l - t i m e high. 1 C i v i l f i l i n g s in the U.S. d i s t r i c t c o u r t s f e l l 3% to 258.517.2 and. a f t e r six c o n s e c u t i v e y e a r s of g r o w t h , the number of c r i m i n a l cases and d e f e n d a n t s declined s l i g h t l y . 3 T h e e s s e n t i a l l y s t a t i c l e v e l of c r i m i n a l f i l i n g s was r e f l e c t e d in a 1% g a i n in the number of d e f e n d a n t s a c t i v a t e d in the p r e t r i a l s e r v i c e s s y s t e m . 4 T h e number of persons on p r o b a t i o n and supervised release w e n t up by 4% to an a l l - t i m e high of 104,715.5 Filings in the U.S. b a n k r u p t c y courts c l i m b e d 14% f r o m 1.262,102 t o 1.437,354, f o l 6 l o w i n g t w o y e a r s of decline. V. T H E A D M I N I S T R A T I V E O F F I C E OF T H E STATES UNITED COURTS T h e A d m i n i s t r a t i v e O f f i c e of the U n i t e d S t a t e s Courts serves as the c e n t r a l support a g e n c y f o r the a d m i n i s t r a t i o n of the f e d e r a l c o u r t s y s t e m . In l i g h t of the t e r r o r i s t a t t a c k s of S e p t e m b e r 11 and the ensuing ant h r a x c o n t a m i n a t i o n , the A d m i n i s t r a t i v e Off i c e p l a y e d a p i v o t a l r o l e in ensuring t h a t the f e d e r a l courts around the c o u n t r y had eff e c t i v e s e c u r i t y p r e c a u t i o n s and m a i l - s c r e e n ing procedures in place. A n e m e r g e n c y response t e a m was c o n v e n e d t o w o r k w i t h the s t a f f of the a f f e c t e d courts in N e w Y o r k t o g e t c o m m u n i c a t i o n s and c o m p u t e r s y s t e m s w o r k i n g and t o r e t u r n the courts t o n o r m a l o p e r a t i o n s as soon as possible. In N o v e m b e r 2001. A d m i n i s t r a t i v e O f f i c e D i r e c t o r L e o n i das R a l p h M e o h a m c r e a t e d a J u d i c i a r y E m e r g e n c y P r e p a r e d n e s s O f f i c e to focus on the p l a n n i n g aspects of crisis response. E v e n b e f o r e S e p t e m b e r 11, c o u r t securitywas a h i g h p r i o r i t y . A study of the c o u r t sec u r i t y p r o g r a m by independent s e c u r i t y exp e r t s was c o m p l e t e d in N o v e m b e r . T h e cons u l t a n t s concluded t h a t a l t h o u g h t h e r e h a v e been s u b s t a n t i a l i m p r o v e m e n t s in c o u r t sec u r i t y o v e r the last t w o decades, s e c u r i t y needs c o n t i n u e t o g r o w . T h e y r e c o m m e n d e d o p t i o n s or e n h a n c i n g the p h y s i c a l s e c u r i t y of courthouses, addressing s e c u r i t y needs during c o u r t proceedings, i m p r o v i n g the p r o t e c t i o n of judges in and outside the courthouse, and c o n d u c t i n g b a c k g r o u n d c h e c k s on emp l o y e e s . T h e J u d i c i a l C o n f e r e n c e ' s Comm i t t e e on S e c u r i t y and F a c i l i t i e s and the A d m i n i s t r a t i v e O f f i c e are c u r r e n t l y r e v i e w ing the r e p o r t ' s r e c o m m e n d a t i o n s . One of the A d m i n i s t r a t i v e O f f i c e ' s k e y prio r i t i e s is t o secure a d e q u a t e f u n d i n g f r o m Congress so t h a t the f e d e r a l c o u r t s can c a r r y o u t t h e i r c r i t i c a l w o r k and m a i n t a i n the q u a l i t y of j u s t i c e . D i r e c t o r M e c h a m . J u d g e J o h n H e y b u r n I I . c h a i r of the J u d i c i a l Conf e r e n c e ' s B u d g e t C o m m i t t e e , and Judge Jane R o t h , c h a i r of the S e c u r i t y and F a c i l i t i e s C o m m i t t e e , d e s e r v e c r e d i t f o r their e f f o r t s in this area. T h e f u n d i n g p r o v i d e d to the courts f o r f i s c a l y e a r 2002 r e p r e s e n t s a 7.1% increase and w i l l p r o v i d e the c o u r t s a d e q u a t e s t a f f ( i n c l u d i n g p r o b a t i o n and p r e t r i a l s e r v i c e s off i c e s ) to m e e t g r o w i n g w o r k l o a d s . I w a n t to express t h a n k s to the Congress f o r f u n d i n g an increase in the r a t e s of pay f o r p r i v a t e " p a n e l " attorneys accepting appointments under the C r i m i n a l J u s t i c e A c t of $90 per hour. T h i s has been a h i g h p r i o r i t y f o r the J u d i c i a r y f o r s e v e r a l y e a r s . I a m also pleased to r e p o r t t h a t Congress has c o n t i n u e d t o prov i d e s i g n i f i c a n t funds f o r the courthouse c o n s t r u c t i o n p r o g r a m , f u n d i n g 15 needed courthouse construction projects costing $280 m i l l i o n . L a s t y e a r , an independent c o n s u l t a n t concluded t h a t the J u d i c i a r y is making 1 e f f e c t i v e use of t e c h n o l o g y and t h a t i t is doing so w i t h f e w e r resources i n v e s t e d in t e c h n o l o g y when c o m p a r e d w i t h o t h e r o r g a n i z a t i o n s . T h e Adm i n i s t r a t i v e O f f i c e c o n t i n u e s to d e v e l o p and i m p l e m e n t a u t o m a t e d s y s t e m s t h a t w i l l enhance the m a n a g e m e n t and p r o c e s s i n g of inf o r m a t i o n and the p e r f o r m a n c e of c o u r t business f u n c t i o n s . D e p l o y m e n t of a new bankr u p t c y c o u r t case management'electronic case f i l e s s y s t e m began this y e a r , and it is now o p e r a t i n g in 14 b a n k r u p t c y courts. T h e s y s t e m ' s e l e c t r o n i c case f i l e s c a p a b i l i t i e s include the a b i l i t y t o r e c e i v e and f i l e docum e n t s o v e r the I n t e r n e t . T h e c r e a t i o n of e l e c t r o n i c f i l e s w i l l reduce the v o l u m e of paper records and m a k e these records m o r e r e a d i l y accessible. T e s t i n g of the d i s t r i c t c o u r t case m a n a g e m e n t e l e c t r o n i c case f i l e s s y s t e m began in 2001, and d e v e l o p m e n t w o r k on the a p p e l l a t e c o u r t s y s t e m is u n d e r w a y . Under the g u i d a n c e of the J u d i c i a l Conf e r e n c e ' s C o m m i t t e e on C o u r t A d m i n i s t r a t i o n and Case M a n a g e m e n t , the A d m i n i s t r a t i v e O f f i c e c o m p l e t e d a t w o - y e a r study on how to balance p r i v a c y concerns w i t h the r i g h t s of the public to access c o u r t elect r o n i c records. A f t e r e x t e n s i v e public c o m m e n t , the C o m m i t t e e r e c o m m e n d e d that c i v i l case d o c u m e n t s be m a d e a v a i l a b l e elect r o n i c a l l y to the s a m e e x t e n t t h e y are a v a i l able a t the c o u r t h o u s e ( e x c e p t t h a t c e r t a i n personal i d e n t i f i e r s w i l l be p a r t i a l l y redacted!. A s i m i l a r p o l i c y w i l l be f o l l o w e d f o r b a n k r u p t c y case d o c u m e n t s assuming 1 necessary s t a t u t o r y changes are e n a c t e d . T h e C o m m i t t e e r e c o m m e n d e d t h a t there be no e l e c t r o n i c access t o d o c u m e n t s in c r i m i n a l cases a t this t i m e . T h e s e p o l i c i e s w e r e endorsed by the J u d i c i a l C o n f e r e n c e in Sept e m b e r . and s e v e r a l C o n f e r e n c e C o m m i t t e e s , supported by A d m i n i s t r a t i v e O f f i c e s t a f f , are c u r r e n t l y w o r k i n g t o i m p l e m e n t them. A r e v i e w of the J u d i c i a r y ' s use of libraries, l a w b o o k s , and l e g a l research m a t e r i a l s — b o t h hard copy and e l e c t r o n i c — w a s c o m p l e t e d in 2001. W h i l e the use of on-line l e g a l resource m a t e r i a l s is e x p a n d i n g and c o n t i n u e s t o show p r o m i s e f o r increased use, the study concluded t h a t a c l e a r and c o m p e l l i n g need c o n t i n u e s to e x i s t f o r l a w b o o k s and o t h e r l e g a l research m a t e r i a l s in hard-copy form a t . T h e J u d i c i a l C o n f e r e n c e adopted reco m m e n d a t i o n s t o c o n t r o l costs f u r t h e r and t o i m p r o v e the m a n a g e m e n t of c o u r t libraries. VI. T H E F E D E R A L JUDICIAL CENTER T h e F e d e r a l J u d i c i a l Center, the federal c o u r t s ' s t a t u t o r y a g e n c y f o r e d u c a t i o n and research, last y e a r p r o v i d e d e d u c a t i o n to s o m e 50.000 p a r t i c i p a n t s in t r a d i t i o n a l and 236 CONGRESSIONAL RECORD—SENATE distance education programs and continued its research and analysis to improve the l i t i gation process. A few highlights of the Center's work in 2001 follow. Science and technology. L i t i g a t i o n is increasingly dominated by scientific and technical evidence. T h e Center's e f f o r t s to help judges included its acclaimed Reference Manual on Scientific Evidence, now in its second edition, and a six-part Federal Judicial Television N e t w o r k series. Science in the Courtroom, on principles of microbiology, epidemiology, and t o x i c o l o g y , and how to manage cases involving' these types of evidence. Other judicial education programs dealt with genetics, the human aging process, astrophysics, and the impact of computer technology on the law of intellectual property. T o assist federal judges in dealing with the sophisticated technology many attorneys use to present evidence, the Center provided federal judges its E f f e c t i v e Use of Courtroom T e c h n o l o g y : A Judge's Guide to P r e t r i a l and T r i a l , developed in cooperation with the National Institute for T r i a l Advocacy. I t also provided judges a Guide to the Management of Cases in A D R , which it prepared in light of the growing use of alternatives to traditional l i t i g a t i o n . Management skills for federal courts in uncertain times. Center programs responded to another challenge facing the courts: the need for leadership skills and management practices b e f i t t i n g the complex organizations that federal courts have become. Courts must integrate technology with increasingly sophisticated business practices, and deal with growing caseloads and diverse workforces and litigants, while pursuing their overarching purpose to deliver justice for all. D e m y s t i f y i n g the legal process. T h e Center assisted the Judicial Conference's Advisory C o m m i t t e e on the Federal Rules of Civil Procedure with a different type of challenge. T h e C o m m i t t e e has proposed a requirement that attorneys use " p l a i n l a n g u a g e " in the notices they send to potential class members in class action suits ancl asked the Center to develop illustrative language as examples. T h e Center tested alternative workings with focus groups of ordinary citizens typical of class members. T h i s testing explored recipients' willingness to open and read a notice as well as their a b i l i t y to comprehend and apply the information it contained. F r o m this research, the Center produced illustrative notices, which remain on the Center's Web site ( w w w . f i c . g o v ) for public comment and use. International judicial cooperation. Given its international reputation, the Center gets frequent visitors f r o m other countries seeking t o create or enhance their judicial branch research and education centers. Although it does not use its own funds in responding to these requests, the Center has been of assistance this year in important ways. It hosted seminars or briefings of 422 foreign judges and o f f i c i a l s representing 34 countries. The Center also responded to more specific requests for assistance. For example, a delegation f r o m the Russian Academy of Justice spent a week at the Center attending a program on teaching methodology. Three Center representatives traveled to Moscow for a follow-up workshop focusing on distance learning and judicial this. Center personnel also played an important role in the U.S. delegation's visit to Mexico, which I described earlier, and will continue that relationship by organizing a seminar next May in Washington for interchange with Mexican judicial educators. V I I . THE U N I T E D S T A T E S SENTENCING COMMISSION On M a y 1, 2001, the newly reconstituted United States Sentencing Commission completed its first full sentencing guidelines amendment cycle and submitted to Congress a packag'e of guidelines amendments covering 26 areas. This package of amendment resolved 19 circuit conflicts and included responses to nine new congressional directives ( f i v e w i t h emergency amendment authority). For the first time in years, there are no congressional directives awaiting implementation by the Commission. T h e amendment include a multi-part,, comprehensive economic crimes package with a new loss table that significantly increases penalties for crimes involving high-dollar loss amounts, but gives judges greater discretion in sentencing defendants convicted of crimes with r e l a t i v e l y low loss amounts. T h e amendments also increase the penalties for ecstasy and amphetamine t r a f f i c k i n g ; counterfeiting; high-dollar fraud offenses; child sex offenses; and the use of nuclear, biological, and chemical weapons. T h e Commission also expanded e l i g i b i l i t y for firsttime, non-violent offenders to obtain relief under the guidelines' " s a f e t y v a l v e " provision and it clarified that participants who play a limited role in a crime are eligible for an adjustment to their sentences under the guidelines " m i t i g a t i n g r o l e " provision. The guidelines went into e f f e c t November 1, 2001. On June 19, 2001, the Sentencing Commission held a public hearing in Rapid City, South Dakota, in response to the March 2000 Report of the South Dakota A d v i s o r y Comm i t t e e to the U.S. Commission on Civil Rights, which recommended that an assessment of the impact of the federal sentencing guidelines on N a t i v e Americans in South Dakota be undertaken. As a result of suggestions made at the hearing and subsequent written submissions, the Commission is forming an ad hoc advisory group on issues related to the impact of the Federal Sentencing Guidelines on N a t i v e Americans in Indian Country. T h e T e n t h Annual National Seminar on the Federal Sentencing Guidelines, co-sponsored by the Commission and the Federal Bar Association, was held May 16-18, 2001. in P a l m Spring's, California. More than 400 federal judges, U.S. probation officers, and attorneys attended. During fiscal year 2001, Commission staff also participated in training for thousands of individuals at training sessions across the country (including ongoing programs sponsored by the Federal Judicial Center and other agencies). Commission staff continue to work with the Federal Judicial Center and the A d m i n i s t r a t i v e Office to plan and develop educational and informational programming for the Federal Judicial Television N e t w o r k . During the year, the Commission's " H e l p l i n e " provided assistance to approximately 200 callers per month. Finally, congratulations are due to Sentencing Commission Chair Diana E. Murphy who, together with Judge Frank M. Coffin of the U.S. Court of Appeals for the First Circuit, received the 19th Annual Edward J. D e v i t t Distinguished Service t o Justice Award on September 10. 2001. This award recognizes A r t i c l e I I I judges who have achieved exemplary careers and have made significant contributions to the administration of justice, the advancement of the rule of law, and the improvement of society as a whole. V I I I . CONCLUSION Once again the Judiciary can look back upon the year ended as one of accomplishments in the face of adversity. In spite of the January 25, 2002 terrorist attacks that have affected the entire country, our courts continue to conduct business, day in and day out. We continue to find ways to perform our work more efficiently. Despite an alarming number of judicial vacancies, our courts continue to serve as a standard of excellence around the world. A t bottom, federal judges are able to administer justice day in and day out because of their c o m m i t m e n t and the c o m m i t m e n t and hard work of court staff around the country. My thanks go out to all of them. I extend to all m y wish for a happy New Year. END NOTES ' O r i g i n a l proceedings surged 48%, l a r g e l y as a result of a rise in habeas corpus p e t i t i o n s filed by prisoners. C r i m i n a l appeals grew 5%, a d m i n i s t r a t i v e a g e n c y appeals increased 2%. and i . H appeals rose i % . B a n k r u p t c y appeals fell 5%. A p p e a l s filing's have increased 22% since 1992. 2 F i i i n g s with the U n i t e d S t a t e s as p l a i n t i f f seeking the r e c o v e r y of student loans dropped 17%. New a d m i n i s t r a t i v e procedures i m p l e m e n t e d by the Dep a r t m e n t of E d u c a t i o n led to f e w e r such f i l i n g s in t,he federal courts. E x c l u d i n g student loan filing's, t o t a l c i v i l f i l i n g s increased 1%. T o t a l p r i v a t e case f i l i n g s fell less than I V F i l i n g s related to federal question l i L i g a t i o n were consistent w i t h the total decline in p r i v a t e cases, f a l l i n g less than 1% to 138.Lil. D i v e r s i t y o f c i t i z e n s h i p and c i v i l rights f i l ings each rose less than 1%. F i l i n g s related to federal question l i t i g a t i o n and d i v e r s i t y of c i t i z e n s h i p were g r e a t l y a f f e c t e d by the s t a b i l i z a t i o n of personal i n j u r y product l i a b i l i t y case f i l i n g s related to breast i m p l a n t s , oil r e f i n e r y explosions, and asbestos. Despite an 11% decrease in t o t a l f i l i n g s with the U n i t e d S t a t e s as p l a i n t i f f or defendant, f i l i n g s with the U n i t e d S t a t e s a.s d e f e n d a n t increased 10% to 40,641. T h i s was m o s t l y duo to a 23% surge in federal prisoner p e t i t i o n s and an 8%, rise in social s e c u r i t y filings. M o t i o n s to v a c a t e sentences filed by federal prisoners grew by 36%. Social s e c u r i t y f i l i n g s related to d i s a b i l i t y insurance and supplemental secur i t y i n c o m e rose 9% and 6%. r e s p e c t i v e l y . C i v i l filings have increased 9% since 1992. 3 F i l i n g s of c r i m i n a l cases dropped by 37 cases to 62,708. and the number of defendants decreased 1% to 83.252. A s a result of the c r e a t i o n of 10 additional A r t i c l e III judgeships, c r i m i n a l cases per authorized d i s t r i c t jutUt-dup iltc tntd i i o m % to 9i 11ns w i s the f i r s t ileu e tst m c t s p t i jut t,t ^hlp s m u 1993, when the ( t h u s oi t h u i i u f i t t z t m -ts-astmt t s. a t t o r n e y s w i s bt n u b i t In su e ding v n s tederal e o u i t s siw IIILH IMS M U i n NT tilings p n m a r i l y dut to i m i i i u i itioti m d bug 1 iw i e l i t < d cases in l l s i i K t s -Cong tht s o u t h v t t e m boidei of the Unitt d M i D s 111 s \ t ii (hus. t v ^ nisi 5 to 18,425, f i l l IT ills l osf 9 t< s ( t v t t inotht r record at >81) ti i t l r isss msi b i o 3 958 l o b b t i v cases rost 8 to 1 ind s( \ o i k n t TMS lost 8 > to 1.017. I m m u i i t i o n tiling b 11 h 873 ist i 7 , decline o \ t ' I t t \<-u dut to l t w u i m m u i i t i o n cases repoi it d b\ tht Wt s t e i n Dis IKT oi l e x i s the Southern I i i s t i K t ot C t l t l o i n u t id tlit D i s i n i of New Mexn o Howc\ei m the U i t t m I i i s t i l c L of T e x a s and m the s o u t h e r n D i s t r i c t ol C a l i f o r n i a , the decline in lmmi^t i t i o n tilings w is jffst t b\ i i i s t in drug f i l i n g s \s i it suit o \ t i t l l c linmal tilings increased 2 ill tilt W t s L t i n D i s t i l c i t I ( x is m l Itd i n e d 3' m tht ^ o u t t u r n D i s t n t of C i l i i o i m i . C r i m i n a l l i l u u s sint t 1992 h i \ e int. n ist d 30 * In 2001 The numbt i ot tit Itntiini it n i U d i n t h e pretrial s t n i u s -.\sttm m e n i s t d 1 to 8b 110 ihd the numbei ol p i c t n i l i c p o i t s i t i - f a i t d lost 1 , During tht p i s ! i n t \t tis pi111Iii t n i i f M ise i t i v a t i o n s ind p i t t i j i n p o t t s pi p u d t u h lose 24%,, persons i n t t i w t v i d g u w 10 , anil tit ft nil nits released on >upti\i ion int it i s t d P i t t i i i l cist, a c t i v a t i o n s b i \ e list n t it h \t it sit t 1991 m d this y e a r ' s t o t i l is >4 huht i t h i n thai t )i 1991 5 T h e r e is in ei i^t 1 ig of st \t i tl \t u s bt i o i e it fendancs found -,uilt\ -tnd senten t 1 to p u s o n ippear in tht p i o b i t i o n tuimbeis s, U p t i^ist d i t l t i s c f o l l o w i n g i ptilotl ttl I IK -IT t ei i t l o l i t o l t m u t s to tccount foi i glow i n , p t t t c T H i g t ol (host undci s u p t i vision and now ^t m i it (>>° ot this l o t t l In t ontrast, tht numbt i ol i n i n i d u i l s t n p u o l t i s m t l l and declining o m p o mg onl\ 4 e thost undti supervision. Ol the 101.710 persons under probation supervision. 32% hail been charged with a drug'-related o f f e n s e . T h e number of persons on p r o b a t i o n has increase 22% since 1992. January 25, 2002 CONGRESSIONAL RECORD—SENATE " N o n b u s i n e s s p e t i t i o n s rose 14% and business p e t i t i o n s i n c r e a s e d 7%. F i l i n g s i n c r e a s e d under all c h a p ters e x c e p t C h a p t e r 12, j u m p i n g 17% under C h a p t e r 7. r i s i n g 7% under C h a p t e r i l , and i n c r e a s i n g 8% under C h a p t e r 13 B a n k r u p t c y f i l i n g s under C h a p t e r 12. w h i c h c o n s t i t u t e d 0.03% o f a l l p e t i t i o n s f i l e d , f e l l 31%. T h i s d e c r e a s e r e s u l t e d f r o m the e x p i r a t i o n of the p r o v i s i o n s f o r C h a p t e r 12 on J u l y 1, 2000. Subseq u e n t l y . P u b l i c L a w 107 8 e x t e n d e d the d e a d l i n e f o r f i l i n g C h a p t e r 12 p e t i t i o n s to .June 1. 2001. and P u b l i c L a w 107 17 e x t e n d e d the d e a d l i n e f u r t h e r to O c t o b e r 1. 2003. B a n k r u p t c y f i l i n g s h a v e i n c r e a s e d 47% since 1992. Mr. HATCH. In his report, the Chief Justice stressed the urgent need to fill vacancies promptly, particularly in light of the threats facing- our Nation at present. He noted that although the structure and scope of the judiciary have changed dramatically since its creation in 1789, [OJne thing has not changed: T h e Federal courts have functioned through wars, natural disasters, and terrorist attacks. During times such as these, the role of the courts becomes even more i m p o r t a n t in order to enforce the rule of law. T o continue functioning e f f e c t i v e l y and e f f i c i e n t l y , however, the courts must be appropriately staffed. This means that necessary judgeships must be created and judicial vacancies must be t i m e l y filled with well-qualified candidates. In light of the September 11 attacks. I share the Chief Justice's concern about the potential impact of the vacancies on the Federal judiciary and our Nation's ability to fight the war on terrorism. Federal judges are instrumental in combating terrorism by presiding over hearings and trials and by imposing just sentences. What is more, they play a crucial role in protecting civil liberties by ensuring that our law enforcement officials abide by the letter and the spirit of the law. In addition to their integral function in the criminal justice system, Federal judges preside over and decide civil cases that impact everyday business relationships. Federal judges are tasked with preserving the rights of employers and workers alike. They also provide the certainty of dispute resolution necessary for future business and employment decisions. But when there is a shortage of Federal judges, criminal matters must understandably take precedence due to speedy trial concerns and other concerns. The unintended consequence is that the American workers and their employers are left hanging in limbo when their cases are not being heard in a timely manner. Today, we have 99 judicial vacancies. This is a far cry from the appropriately staffed judiciary of which Chief Justice Rehnquist spoke. When the Chief Justice addressed the vacancy crisis in the 1997 year-end report, there were 82 empty seats on the Federal bench, nearly 20 fewer than the present situation. Commenting on the 1997 statistic, the Washington Post, in January 1998. in an editorial remarked: T h e problem of judicial vacancies is getting out of hand. N e a r l y 10 percent of the 846 seats on the Federal bench are now empty. One key Democratic Senator called these figures "pretty frightening." and said, " I f this continues, it becomes a constitutional crisis." There are now 99 vacancies, or 17 more than when the editorial and the statements by the Democratic Senator were made. If 82 vacancies was a serious crisis in 1997. what do we have now with 99 vacancies? We in the Senate have an opportunity to address this situation. We can make a real difference in the administration of justice in this country simply by fulfilling our constitutional responsibilities of advise and consent. In fact. Chief Justice Rehnquist specifically urged the Senate " t o act with reasonable promptness and to vote each nominee up or down." He continued: T h e Senate is not, of course, obliged to confirm any particular nominee, but it ought to act on each nominee and to do so within a reasonable time. I could not agree more with the Chief Justice. This is precisely what I tried to accomplish as Judiciary Committee chairman while abiding by our customs and rules of the Senate. But now some of President Bush's judicial nominees have been waiting- more than 8 months for a hearing. All but a handful of them have had their blue slips returned. Their FBI background investigations are completed, and their ABA ratings are submitted. At a time when our national security is at stake, we have a duty to follow the Chief Justice's admonition and act promptly on these nominees. As we embark on the second session of this Congress, we in the Senate have the perfect opportunity to do just this. I sincerely hope we accomplish this goal. I will continue to cooperate with our Democratic chairman, and I hope the rhetoric on both sides of the aisle is cooled so we can confirm as many as possible of the highly qualified nominees pending before us. A realistic yardstick of our success will be how President Bush's second year in office will compare to President Clinton's second year in office. In 1994, the second year of President Clinton's first term, the Senate confirmed 100 judicial nominees. I was an integral part of that. I worked very hard to get them confirmed. I had to override people on my side of the aisle and convince some of them that the nominees should be confirmed. As a result of this work, there were only 63 vacancies in the Federal judiciary when the Senate adjourned on December 1, 1994. I am confident the Republicans and Democrats can work together to achieve or even hopefully exceed the goal of confirming 100 judges in 2002. particularly the many circuit court nominees who are pending to fill emergency vacancies in the appellate courts around this country. I have been gratified this morning to hear the comments of the distinguished Senator from Vermont that he wants 237 to do that: that he wants to do the best he can, and that he believes we can. I think we are off to a good start. There are two district court nominees awaiting- a vote by the Senate after today. Our first confirmation hearing was held yesterday. We have to keep up the pace of hearings and confirmation votes so we do not fall further behind in filling the vacancies that plague our Federal judiciary. I look forward to working with our Democratic colleagues to accomplish this goal. Having said that, let me make this clear. We have had a total confirmed since the distinguished chairman took over in the middle of last year of 30 judges. That means 6 circuit court nominees and 24 U.S. district court nominees. I commend my colleague. I think it is certainly a decent start. On the other hand, we have currently pending 23 circuit court nominations— 23. Most of them have well qualified ratings by the ABA. I do not think anybody can make a case that they are not qualified to serve. Just to mention four: John Roberts was one of those nominees submitted by the first President Bush who was left hanging without Senate action back in 1992. Roberts is considered one of the top five appellate lawyers in the country. He is not an ideologue. He is probably more conservative than most of the Clinton nominees were, but the fact is he is a tremendously effective advocate and an excellent nominee for the court. He should not be held up any longer. He went through that back in 1992. Why does he have to go through it again, especially for 8 months? Miguel Estrada—I am pleased to hear the distinguished Senator from Vermont indicate that he will have a hearing. Miguel Estrada is one of the brightest people in law. He came from Honduras and attended Columbia University as an undergraduate. He graduated with honors and then went on to Harvard Law School and graduated with honors there. He is considered one of the brightest people in law today, and. of course, he is a very successful attorney. He is a Hispanic nominee that I think our colleagues should be pleased that the President has sent to the Senate. Jeffrey Sutton is one of the best appellate lawyers in the country. He has argued a number of cases in the Supreme Court, including in the last few weeks. He is also a decent human being. He has very good ratings from the ABA. He is a person we ought to put on the Circuit Court of Appeals. I am pleased the distinguished Senator from Vermont mentioned one of my State's nominees, Michael McConnell. Michael McConnell is considered one of the greatest constitutional experts in the country. I do not think you can categorize him in any particular political pigeonhole. This is a fair and 238 CONGRESSIONAL RECORD—SENATE circumspect man who is going- to do a tremendous job on the bench. I asked one of the leading deans of a law school in the country, a very liberal Democrat, what he thought of Michael McConnell. By the way, MeConnell was tenured at the University of Chicago before moving to Utah to raise his family. He moved to the University of Utah where he has been a pillar of good teaching ever since. When I asked the liberal dean, "What do you think of Michael McConnell?" he said these words: Senator, I ' v e m e t t w o l e g a l geniuses in m y l i f e t i m e , and M i c h a e l McConnell is one of them. And he is. He is a great nominee. There are other excellent nominees I would like to mention, but I do not have enough time today. We have 23 circuit court nominees pending. Many of them have been nominated to seats declared to be judicial emergencies by the Administrative Office of the Courts. Again, there are 23 U.S. circuit court judges pending, and 36 U.S. district court judges, for a total of 60 who are awaiting action. I am gratified by my colleague from Vermont's expression that he wants to move these nominees through the Senate process. It means a lot to me. and I compliment him for his comments today. With regard to some of the statistics, we certainly disagree, and we can both make our cases with regard to that. I did want to make some of these points because, to me, it is very important that we make the record clear. Mr. President, I am also pleased today we have confirmed two excellent judicial nominations. These two nominees are Marcia Krieger and James Mahan. They were unanimously approved by the Senate Judiciary Committee. I was gratified to see that done on December 13, and I expect the unanimous vote they received today tells everybody the Bush administration is doing a good job on these judgeship nominees. Our vote today on these two nominees. along with the nominations hearing Chairman L E A H Y held yesterday, in my opinion, is a step in the right direction. It is a good beginning to this session. I think it is important to start our work early because we have a lot of work to do. As I said before, there are presently 99 vacancies in the Federal judiciary, which represents a vacancy rate of almost 12 percent, one of the highest in history. As Alberto Gonzalez, counsel to President Bush, says in today's Wall Street Journal: The Federal courts desperately need reinforcements. Mr. President. I ask unanimous consent that the full text of Judge Gonzalez' article be printed in the R E C O R D at this point. There being no objection, the article was ordered to be printed in the RECORD, a s f o l l o w s : [ F r o m the W a l l S t r e e t Journal, Jan. 25, 2002] T H E C R I S I S IN O U R COURTS ( B y A l b e r t o Gonzales) Federal courts protect constitutional rights, resolve c r i t i c a l c i v i l cases, and ensure t h a t c r i m i n a l s are punished. But as Chief Justice W i l l i a m Rehnquist cautions, the a b i l i t y of our courts t o p e r f o r m these functions is in jeopardy due to the " a l a r m i n g n u m b e r " of j u d i c i a l vacancies, 101 as of today. P r e s i d e n t Bush has responded to the vacancy crisis by n o m i n a t i n g a record number of federal judges: 90 since t a k i n g o f f i c e , alm o s t double the n o m i n a t i o n s t h a t any of the past six presidents submitted in the f i r s t year. Despite his decisive action, the Senate has n o t done enough to m e e t its constitutional responsibility. I t has v o t e d on less than half of the nominees. Indeed, i t has v o t e d on only six of the 29 nominees to the courts of appeals. And the Senate has failed even to g r a n t hearings t o m a n y nominees, who have languished before the J u d i c i a r y C o m m i t t e e f o r months. F o r example, on M a y 9, 2001, the president announced his f i r s t 11 nominees. A l l w e r e deemed " w e l l q u a l i f i e d " or " q u a l i f i e d " by the A m e r i c a n Bar A s s o c i a t i o n , whose r a t i n g system J u d i c i a r y C o m m i t t e e Chairman P a t r i c k L e a h y has called the " g o l d s t a n d a r d " for e v a l u a t i n g nominees. Y e t his c o m m i t t e e has held hearings for only three of the 11. A l though the Senate did c o n f i r m 28 judges last year, its o v e r a l l record was u n s a t i s f a c t o r y , given the number of vacancies and pending nominees. A s Congress returns t o w o r k , the administ r a t i o n r e s p e c t f u l l y calls on the Senate to m a k e the vacancy crisis a p r i o r i t y and t o ensure prompt hearings and v o t e s for all n o m i nees. T h e Senate should m a k e this practice permanent, adhering t o i t w e l l a f t e r President Bush leaves o f f i c e , so as to ensure t h a t e v e r y judicial n o m i n e e by a president of either p a r t y receives a p r o m p t hearing and vote. T h e federal courts desperately need reinf o r c e m e n t s . T h e r e are 101 vacancies out of 853 c i r c u i t and d i s t r i c t court judgeships. T h e 12 regional c i r c u i t courts of appeals have an e x t r a o r d i n a r y 31 vacancies out of 167 judgeships (19%). T h e chief justice recently warned of the dangerous I m p a c t the vacancies have on the courts ancl the A m e r i c a n people, and the Judicial Conference has classified 39 vacancies as " j u d i c i a l e m e r g e n c i e s . " In 1998, when there were m a n y f e w e r judicial vacancies, Sen. T h o m a s Daschle, now m a j o r i t y leader, and Mr. L e a h y expressed their concern about the " v a c a n c y c r i s i s " — w i t h the l a t t e r explaining t h a t the Senate's f a i l u r e t o v o t e on nominees was " d e l a y i n g or p r e v e n t i n g the a d m i n i s t r a t i o n of j u s t i c e . " T o d a y ' s crisis is worse, and is acute in several places. T h e D.C. Circuit Court of Appeals, which, o t h e r than the Supreme Court, is o f t e n considered the m o s t i m p o r t a n t federal court because of the c o n s t i t u t i o n a l cases t h a t comes b e f o r e it. has four vacancies on a 12-judge court. T h e S i x t h Circuit Court of Appeals has e i g h t vacancies on a court of 16. In M a r c h 2000, when t h a t court had only four vacancies, its chief judge stated that i t was " h u r t i n g badly and w i l l not be able t o keep up w i t h its w o r k l o a d . " In the past, senators of both parties have accused each other of i l l e g i t i m a t e delays in v o t i n g on nominees. T h e past m i s t r e a t m e n t of nominees does not j u s t i f y t o d a y ' s behav- January 25, 2002 ior. F i n g e r - p o i n t i n g does nothing to put judges on the bench and ease the courts' burdens; i t o n l y distracts the Senate f r o m its c o n s t i t u t i o n a l o b l i g a t i o n to act on the president's judicial nominees. P r e s i d e n t Bush has encouraged the Senate to act in a bipartisan fashion, both now and in the future. He put i t best, a t the W h i t e House last M a y while announcing his f i r s t 11 nominees: " I urge senators of both parties to rise above the bitterness of the past, t o provide a fair hearing' and a prompt v o t e to e v e r y nominee. T h a t should be the case for no m a t t e r who lives in this house, and no m a t t e r who controls the Senate. I ask for the return of c i v i l i t y and d i g n i t y to the conf i r m a t i o n process." I t is t i m e for the Senate to heed his call. Mr. HATCH. This week, the White House submitted 24 new judicial nominations to the Senate. They are really doing a good job in this White House, and I know it has been difficult for them. Since we already had 38 nominees still pending from last session, and we confirmed 2 today, we now have a total of 60 nominees awaiting action from the Judiciary Committee. Yesterday's hearing and today's votes make me optimistic we will vote on all of our nominees as expeditiously as possible this year, and I am counting on our chairman to help get that done. It certainly is possible to confirm all 60 this year, in addition to the other nominations we will receive later. In 1994, the second year of President Clinton's first term, as I mentioned earlier, the Senate confirmed 100 judicial nominees. I am confident Republicans and Democrats can work together to achieve or even hopefully exceed this number in 2002, particularly with regard to the many circuit court nominees pending to fill emergency vacancies in appellate courts around this country. To do this, we have to keep up the pace of hearings and confirmation votes so we do not fall further behind in filling the vacancies that plague our Federal judiciary. As Chief Justice Rehnquist noted, and as I have stated, in his 2001 yearend report: T o continue f u n c t i o n i n g e f f e c t i v e l y and eff i c i e n t l y . . . the courts must be approp r i a t e l y staffed. T h i s means t h a t necessary judgeships must be created and judicial vacancies must be t i m e l y f i l l e d w i t h w e l l - q u a l i f i e d candidates. So I sincerely hope we will accomplish this goal. I look forward to cooperating with my chairman, the distinguished Senator from Vermont, and all of our other Democrat colleagues, and I hope the rhetoric on both sides of the aisle is cooled so we can confirm as many as possible of the highly qualified nominees pending before us. Today's nominees are good examples of the kind of highly qualified nominees President Bush has submitted to the Senate. Chief Bankruptcy Judge Marcia Krieger. who has been nominated to the District Court in the District of Colorado, attended Lewis & January 25, 2002 239 CONGRESSIONAL RECORD—SENATE Clark College, from which she graduated after 3 years summa cum laude. and earned her law degree from the University of Colorado School of Law. She has experience as a lawyer and as a specialist in bankruptcy. She has served as a bankruptcy court judge since 1994. Judge James Mahan, who has been nominated to the District Court for the District of Nevada, achieved a great reputation as a lawyer in Las Vegas for 17 years, primarily focusing on business and commercial litigation. In the process, he earned an AV rating from the Martindale-Hubbell legal directory, high praise from his peers. I have held that rating from the earliest day it could be given to me, and I understand what goes int o getting an A V rating. It is very important because it is a secret ballot by your peers, some of whom may not like you but nevertheless acknowledge you are of the highest legal ability and legal ethics. And he has that rating. In February 1999. he was named a judge on the Clark County District Court. Since taking the bench. Judge Mahan has heard civil and criminal matters and trials involving a 3,000 case docket. Both Judge Krieger and Judge Mahan have already established themselves as capable jurists. After today, they will be able to share their expertise in the Federal system, and I am confident they will bring honor and dignity to the Federal district court bench. I am very pleased our colleagues have unanimously confirmed both of them. Again, I thank my good friend and distinguished chairman of the Judiciary Committee for the work he has done up to now, and hopefully we can do better in the future. I appreciate being able to work with him. The PRESIDING OFFICER (Mr. LEVIN). The Senator from Vermont. Mr. LEAHY. Mr. President, I appreciate the words of my friend from Utah. Obviously, we cannot determine the course the White House might take. They can make that decision on their own, and I expect will. We can only determine what the Senate does. As I said before, it is advise and consent, not advise and rubberstamp. I only urge the White House to seek, as Presidents have throughout my lifetime, advice from the home State Senators of both parties on judgeships. Senator H A T C H and I can move far more quickly on judges when that kind of consensus has been reached, just as we have demonstrated by moving through numerous conservative Republican nominees but for whom there was consensus. Frankly, it would be a much easier job if only the Senator from Utah and I had to make these decisions. Again, I hope the White House will listen to what the two of us have been saying. We have demonstrated we will work to- gether. They also have to help. They have to help in the consultation. They have to help in getting the information on to the FBI, and the ABA reports. They have to also make sure when they speak about these issues they speak accurately. I thank my good friend from Utah for his comments. I will continue to work with him. I also see the distinguished assistant Republican leader. He and the assistant Democratic leader, Senator REID, have worked very closely together with each other to try to schedule votes on judges. Both have worked with me and with Senator HATCH. I think that is helpful. It reflects the way the Senate is supposed to work. Our distinguished leaders. Senator D A S C H L E and Senator LOTT, have worked closely on this and will continue to do that. I yield the floor. The PRESIDING OFFICER. The Senator from Oklahoma. Mr. NICKLES. Mr. President, I thank my friend and colleagues from Vermont and Utah for their comments. On the issue of judges, I think the Senate, and particularly with the leadership of both Senator L E A H Y ancl Senator HATCH, did very well on district court judges. We moved a total of 28 judges last year, and 2 now, so that is 30 judges we have confirmed this Congress, 6 of whom were circuit court judges and the rest were district court judges. So I compliment them. The percentage of district court judges has been a good percentage for the number who were nominated through the summer. So that was good. On circuit court judges, the record is not quite so good. We have confirmed six. President Bush has nominated 29. I comment to the chairman of the committee and the ranking member of the committee, there are 23 circuit court judges, only 1 of whom has had a hearing. In the 23 who are pending, there are some outstanding nominees. For example, Miguel Estrada is a native Honduran who came to the United States. He graduated top of his class from Columbia and Harvard Law School. He has argued 16 cases before the Supreme Court. I hope we have a hearing for him. He was nominated in May, so I again ask the chairman of the committee, before he leaves—before he leaves, I wanted to again compliment him for the work he has done on district court judges. I think we have made good progress, but on circuit court judges there are 23 who are pending. 1 of whom has had a hearing. Judge Pickering, but of the 22 who have not had a hearing, several are outstanding, many of whom were nominated in May. I believe eight were nominated in May. I urge my friend and colleague to take a look at such outstanding individuals. I mentioned Miguel Estrada, John Roberts. Miguel Estrada argued 16 cases before the Su- preme Court: John Roberts, also for the D.C. Circuit Court of Appeals, argued 36 cases before the Supreme Court. Undoubtedly, they are two of the most well-qualified individuals anywhere in the country. They have yet to have a hearing scheduled. I say thank you. The Senator has moved all of the district court judges from Oklahoma. I am pleased about that. All four were sworn in and will be good consensus judges. I ask and urge my colleague to move forward as quickly as possible on the 23 circuit court nominees, schedule their hearings, and see if we cannot move some of those nominees through as soon as possible. Mr. LEAHY. If the Senator will yield, that question is directed toward me. I say to the distinguished Senator from Oklahoma that while he was off the floor attending to other duties, I laid out some plans and intentions for the handling of judicial nominees, including those for the courts of appeals—I believe those are some of those mentioned—including Mr. Estrada and others were referenced. With adequate cooperation. we will be able to move forward. We held hearings yesterday on another court of appeals nominee, Michael Melloy, of Iowa; as well as hearings on Robert Blackburn, to be U.S. district judge for the District of Colorado; and James Gritzner, to be U.S. district court judge for the Southern District of Iowa: and Cindy K. Jorgenson. to be U.S. district judge for the District of Arizona; and Richard J. Leon, to be U.S. district judge for the District of Columbia: ancl Jay C. Zainey. to be U.S. district judge for the Eastern District of Louisiana. Those hearings were held within 28 hours of coming back into session. Mr. NICKLES. I thank my colleague. The committee has done a wonderful job on district court judges, ancl I urge them to consider some of the circuit court nominees. N O M I N A T I O N OK M A R C I A 8 . K R I E G E R Mr. A L L A R D . Mr. President, it is both an honor ancl a privilege to stand before my colleagues today and thank them for accepting the nomination of The Honorable Marcia S. Krieger to the U.S. District Court for the District of Colorado. Marsha S. Krieger is a person of outstanding legal credentials, ancl has served the people of Colorado and the United States with great diligence and dedication for many years. Judge Krieger has strong ties to Colorado and is familiar with the issues faced by people in the State, an important aspect of any Federal judge who will work with fellow citizens through a myriad of complex litigation settings. She graduated from the University of Colorado School of Law, and has since spent many years as a sole practitioner, practicing in a law firm, and, most recently, serving as Judge. 240 January 25, 2002 CONGRESSIONAL RECORD—SENATE Since 1994, Judge Krieger has served on the Bankruptcy Court—a key indicator of her efficiency and effectiveness; she was also unanimously chosen by the federal judges to become Chief Bankruptcy judge in January 2000. However, practicing law is not her only passion. Judge Krieger, manages to find time to teach, sharing her knowledge of the law with future attorneys, teaching in a manner that provides hands-on learning, sharing with students her passion for the law. Marsha Krieger presides over the court with a stern hand and keen intellect—she has the ability to decisively pull the issue from complex litigation with certainty and accuracy. According to an article in the Denver Post, Judge Krieger is widely respected by other judges and by lawyers that have appeared before them. She has extensive experience, solid knowledge of the law, and has a reputation for fairness. This vote is significant for many reasons—Colorado hasn't added a judge since 1984. Making matters more serious, only four active judges struggle to do the work of nine judges. The legal community believes the Judge to be well qualified as well. The Honorable Lewis T. Babcock, Chief Judge of the United States District Court for the District of Colorado, in a letter to Senator L E A H Y and Senator H A T C H stated, " I know Judge Krieger, and believe her to be well qualified." I thank Senator H A T C H and Senator LEAHY. I ask unanimous consent to print in the R E C O R D the editorial from the Denver Post and the letter from the Honorable Lewis T. Babcock, Chief Judge of the U.S. District Court for the District of Colorado. There being no objection, the material was ordered to be printed in the RECORD, a s f o l l o w s : BUSH T A P S 2 JUDGES T u e s d a y , S e p t e m b e r 11, 2001 — T h e W h i t e House n o m i n a t e d t w o distinguished C o l o r a d o judges to the U.S. D i s t r i c t Court y e s t e r d a y , and both w i l l r e c e i v e the f u l l support of U.S. Sens. W a y n e A l l a r d and Ben N i g h t h o r s e Campbell. P r e s i d e n t Bush's n o m i n a t i o n s , as predicted in these pages A u g . 12, r e c o m m e n d U.S. Chief B a n k r u p t c y J u d g e Marsha K r i e g e r and 16th J u d i c i a l D i s t r i c t Judge R o b e r t B l a c k b u r n f o r the bench. W e are d e l i g h t e d by the W h i t e House decision. B o t h judges h a v e e x t e n s i v e experience, solid k n o w l e d g e of the law and a r e p u t a t i o n f o r fairness. T h e y are w i d e l y respected by o t h e r judges and by l a w y e r s w h o have appeared b e f o r e t h e m . B o t h should p r o v e e x t r e m e l y h e l p f u l t o the Federal c o u r t in Colorado, w h i c h hasn't added a judge since 1984 despite i n c r e a s i n g l y c o m p l e x and m u s h r o o m i n g caseloads. We commend Republicans Allard and Campbell, as w e l l as the W h i t e House, f o r pushing t o f i l l these v a c a n c i e s q u i c k l y . W e also c o n g r a t u l a t e the senators f o r z e r o i n g in on such h i g h l y q u a l i f i e d candidates. Krieger, daughter of retired Colorado Court of A p p e a l s Judge Don S m i t h , has served on the B a n k r u p t c y Court since 1994 and was u n a n i m o u s l y chosen by the f e d e r a l judges t o b e c o m e chief b a n k r u p t c y judge in J a n u a r y 2000. B l a c k b u r n has been one of t w o d i s t r i c t judges s e r v i n g Bent, C r o w l e y and O t e r o Counties since 1988, h a v i n g p r e v i o u s l y served s i m u l t a n e o u s l y as a deputy d i s t r i c t a t t o r ney, B e n t C o u n t y a t t o r n e y , and m u n i c i p a l judge and a t t o r n e y f o r the t o w n of K i m . B o t h judges are g r a d u a t e s of the U n i v e r s i t y of C o l o r a d o School of L a w . T h e n e x t step calls f o r the S e n a t e Judicia r y C o m m i t t e e to send " b l u e s l i p s " t o Colorado's senators. A l l a r d and Campbell then w i l l return the blue slips, s i g n a l i n g t h e i r app r o v a l of K r i e g e r and Blackburn. N e x t , the J u d i c i a r y C o m m i t t e e w i l l indep e n d e n t l y i n v e s t i g a t e the candidates and v o t e on w h e t h e r t o a p p r o v e t h e m . T h e n o m i nations then would be sent t o the S e n a t e f l o o r , and a p p r o v a l there would r e s u l t in " j u dicial c o m m i s s i o n s " by the president. T h e S e n a t e process o f t e n drags on f o r m o n t h s and months. W e urge the c o m m i t t e e and the f u l l S e n a t e to exercise a l l reasonable speed w i t h the K r i e g e r and B l a c k b u r n n o m i nations. T h e l o n g - o v e r w o r k e d f e d e r a l c o u r t of C o l o r a d o needs q u a l i f i e d new judges, and i t needs t h e m now. U.S. DISTRICT COURT, D I S T R I C T OF COLORADO, Denver, Hon. PATRICK Russell Senate Office Washington, DC. H o n . ORRIN Building. HATCH, Dirksen Senate Office Washington, DC. DEAR CO, September 20, 2001. LEAHY, SENATORS Building, LEAHY AND HATCH: I n this t i m e of n a t i o n a l crisis I a p p r e c i a t e t h a t you h a v e much added t o y o u r o r d i n a r y labors in g o v e r n m e n t . I t a k e to h e a r t our president's a d m o n i t i o n to g o to w o r k and do our jobs. I t is a x i o m a t i c t h a t our f e d e r a l j u d i c i a r y m u s t p e r f o r m n o t o n l y its usual r o l e under our C o n s t i t u t i o n , but a h e i g h t e n e d r o l e in response to t e r r o r i s m . S p e c i f i c a l l y , a t this t i m e this n a t i o n requires t h a t j u d i c i a l vacancies be f a i r l y and e x p e d i t i o u s l y f i l l e d . M o r e s p e c i f i c a l l y , I urge y o u t o a c t expedit i o u s l y on the c o n f i r m a t i o n of n o m i n e e s Marsha K r e i g e r and R o b e r t Blackburn t o vacancies e x i s t i n g in the U n i t e d S t a t e s Dist r i c t C o u r t f o r the D i s t r i c t of Colorado. I know Judge K r e i g e r and Judge B l a c k b u r n and b e l i e v e t h e m to be w e l l q u a l i f i e d . A s you k n o w , the H o n o r a b l e R i c h a r d P . M a t s c h did much t o r e s t o r e this n a t i o n ' s confidence in its courts during the t r i a l s of M c V e i g h and N i c h o l s . He is now r e c o v e r i n g f r o m r e c e n t l i v e r t r a n s p l a n t s u r g e r y . I t w i l l be a long period of r e c o v e r y . So, the D i s t r i c t of C o l o r a d o s t r u g g l e s t o do the w o r k of seven a c t i v e judges w i t h four. B y the w a y , the Judicial C o n f e r e n c e of the U n i t e d S t a t e s has approved t w o a d d i t i o n a l seats f o r the D i s t r i c t of Colorado. Thus, the D i s t r i c t of C o l o r a d o s t r u g g l e s to do the w o r k of a d e m o n s t r a t e d need f o r nine a c t i v e judges w i t h four a c t i v e judges. I urge you n o t o n l y to a c t to f i l l the existing' t w o vacancies, but t o address the demo n s t r a t e d need f o r t w o a d d i t i o n a l seats in this d i s t r i c t . N O M I N A T I O N O F J A M E S C. M A H A N Mr. ENSIGN. Mr. President, it is an honor to come before the U.S. Senate today to lend my support to a man of the highest legal distinction, Judge Jim Madhan. A long-time resident of Las Vegas, NV, Judge Mahan began his studies not in our great State, but at the University of Charleston in Charleston. WV. Following graduation he attended graduate school before joining the U.S. Navy where he served until honorably discharged in 1969. Jim then studied and graduated from Vanderbilt University Law School. Following graduation, Judge Mahan began his work in Nevada, first as a law clerk and then as an associate attorney. In 1982 he formed the law firm of Mahan & Ellis, where he practiced law primarily in the areas of business and commercial litigation for 17 years. In February 1999, Judge Malian's legal experience and expertise were recognized by Gov. Kenny Guinn. who named him as his first appointment to the Clark County District Court. Since taking the bench, Judge Mahan has heard civil and criminal matters involving a 3,000 case docket assigned to him. Judge Mahan's service on the bench has been of the highest order. He has overseen many of Nevada's most complex and controversial cases since taking the bench and has done so with great care, fairness, and prudence. In a survey conducted last year by Nevada's largest newspaper, Judge Mahan's retention rates scored the highest of any judge serving on State or local court in Nevada, and that includes the Nevada Supreme Court. Judge Mahan's extensive legal background and his commitment to public service make him an excellent choice as U.S. District Court Judge for the District of Nevada. I know his wife Eileen and his son James, .Jr., are proud of him for being here today, and the State of Nevada is proud of Jim and all that he represents for our great State. I am proud to support Judge Jim Mahan before the Senate today. HOPE FOR CHILDREN ACT— Continued A M E N D M E N T N O . 2717 Mr. NICKLES. I ask unanimous consent to set aside the pending amendment and send an amendment to the desk on behalf of Senator BOND, Senators C O L L I N S , E N Z I , A L L E N , and Senator N I C K L E S . The PRESIDING OFFICER. Without objection, it is so ordered. The clerk will report. The assistant legislative clerk read as follows: The Senator LES], f o r M r . Mr. ENZI, Mr. from Oklahoma BOND, f o r h i m s e l f , AI.LEN. and Mr. [Mr. Ms. NICK- COLLINS, NICKLES, pro- poses an a m e n d m e n t to the language proposed to be s t r i c k e n by a m e n d m e n t No. 2698. Mr. NICKLES. Mr. President, I ask unanimous consent reading of the amendment be dispensed. The PRESIDING OFFICER. Without objection, it is so ordered. The amendment is as follows: January 25, 2002 CONGRESSIONAL RECORD—SENATE ( P u r p o s e : T o amend the I n t e r n a l R e v e n u e Code of 1986 t o p r o v i d e f o r a t e m p o r a r y increase in expensing under s e c t i o n 179 of such c o d e ) A t the end. add the f o l l o w i n g : SEC. . TEMPORARY INCREASE IN EXPENSING UNDER SECTION 179. ( a i IN GENERAL.—The table c o n t a i n e d in section 179(b)(1) of the I n t e r n a l R e v e n u e Code of 1986 ( r e l a t i n g t o d o l l a r l i m i t a t i o n ) is amended t o read as f o l l o w s : "If the taxable begins in: year The applicable amount is: 2001 $24,000 2002 o r 2003 $40,000 2004 or t h e r e a f t e r lb) TEMPORARY PROPERTY $25,000." INCREASE TRIGGERING IN AMOUNT PHASEOUT OF OF MAX- IMUM BENEFIT.—Paragraph (2) of section 179(b) of the I n t e r n a l R e v e n u e Code of 1986 is amended by inserting b e f o r e the p e r i o d "($325,000 in the case of t a x a b l e y e a r s beginning during 2002 or 2003)". ( c ) EFFECTIVE DATE.—The amendments m a d e by this s e c t i o n shall a p p l y t o t a x a b l e y e a r s b e g i n n i n g a f t e r D e c e m b e r 31, 2001. Mr. NICKLES. Is there an amendment pending by Senator Allen? The PRESIDING OFFICER. There is no amendment at the desk; there is a submitted amendment from Senator ALLEN. Mr. NICKLES. Parliamentary inquiry: What is the number of that amendment? The PRESIDING OFFICER. It is 2702. Mr. NICKLES. Mr. President, I ask unanimous consent to set aside the pending' amendment and ask consent to call up amendment No. 2702 on behalf of Senator A L L E N . The PRESIDING OFFICER. In my capacity as a Senator from Michigan. I object to that. I understand there is an objection. Mr. NICKLES. I ask unanimous consent this be the next Republican amendment filed in the normal course of business. The PRESIDING OFFICER. Without objection, it is so ordered. Mr. NICKLES. I thank my friends and colleagues. The PRESIDING OFFICER. The Senator from Wyoming. Mr. ENZI. I rise to speak on the Bond-Collins amendment and give a little explanation of what has been submitted. I am sure most of the Members of this body will want to back an amendment that supports small business in the way that this particular amendment does. Senator BOND, of course, has worked extensively on it and is the ranking member on the Small Business Committee. Senator C O L L I N S has been involved in small business most of her life. I appreciate all the thought and effort that went into this amendment. It will provide an immediate economic stimulus and will provide a stimulus for small businesses in this country. The details of this are very limited to small business. However, it is an area that will help out immediately a wide range of businesses. and I will explain how that will happen. I appreciate this opportunity to talk about what our Nation and my State of WTyoming need in the way of an economic stimulus package. I will talk on a broader issue first and then get into the details of this particular amendment. While I have a degree in accounting. you don't need to be an accountant to know that something needs to be done to kick-start our economy. We ended Congress last year with a wellcrafted economic stimulus bill that had bipartisan support, which the House passed, and the President said he would sign. In short, it was a bill worked out over several months of tough negotiations involving the administration and congressional Democrats and Republicans. It included unemployment compensation and health insurance for unemployed workers. It included tax relief for hard-working individuals and families, and it included much needed help for America's small businesses. I was disappointed about the majority leader's refusal to schedule the bipartisan bill for a vote before the recess. Today, rather than having an opportunity to vote on that bill, we are suddenly faced with a vote on a totally new bill. The bill we are currently debating did not go through the normal congressional process. Instead, it was filed quickly. It was filed with little input from our Senate colleagues on either side of the aisle, and it was brought to the floor for purposes of a vote. While we finally have an opportunity to vote on an economic stimulus bill, it is much like a patient needing emergency treatment. Our only choice is to patch it up. That is what we have been doing through an amendment process. WTien we work bills that do not come out of the congressional committee review, it takes longer. The reason it takes longer is because there has to be more consideration of amendments here that would normally be considered in a much easier process in committee. This is one of them. Today, we are arduously going through that process. I rise in favor of the Bond-Collins amendment which increases section 179 small business expensing. I support that because it is one of the many bandages that is needed to patch up the current proposal. If we are going to stimulate our economy, and I think we all want to do that, one of the main ways to do it is to help small businesses who are suffering from recession. If we can help them, we can create more jobs. Small business has been one of the successes of this country over the last decade. We have had a great economy. Throughout that time, though, there have been what I call the megamergers. The megamergers are when a big company merges with another big company to become a huge company. We find with the megamergers that shortly 241 after that is done, there has been a downsizing, often referred to as a "right sizing." If you are an employee who is affected by that, it means you get laid off. Fortunately, during this time of the megamergers, we have had small business. Notice the unemployment for almost a decade did not. rise. It went down in spite of megamergers. What does that mean? It means small business was hiring up the people that were laid off from the megamergers. They picked up the slack in the economy. Through their innovation, drive, flexibility. their ability to react to the situations. they created the success we have had. Now, they are the part of the economy that can jump-start the economy, and this amendment is designed to jump-start that small business area. The Bond-Collins amendment contains a tax relief provision that is similar to the bipartisan House bill, which calls for an increase in Section 179 business expensing for small businesses. In short, it gives small businesses relief by increasing the amount of property a business can treat as an ordinary and necessary deductible business expense. Right now a business can deduct, or write off, up to $24,000 of the cost of business equipment or assets as an expense of doing business. This type of expensing- allows businesses to take an immediate deduction, rather than treating their purchases as a capital expenditure. Let's see if I can put that a little bit more clearly. If you purchase something and it is in this capital expenditure category, that means that you are only able to count that as an expense in each of several years. You have to divide it over the period of years that the capital expenditure would be useful. If you buy a computer, and deduct is as a capital expenditure, you must write that off over 7 years. Now. computers get outdated much quicker than that, so you might be able to make an argument that it ought to be written off in a shorter period of time. But under this provision you could write it off as an expense in the initial year. You do not have to do all the division and all the complicated calculations that our depreciation system leads to. I have to tell you. the toughest thing in calculating taxes is if you have to figure depreciation. I know there are a lot of individuals as well as companies out there who understand that. We have changed the depreciation schedule so many times, we have changed the methods for doing depreciation so many times, that some people have to calculate depreciation on each item they have in several different ways. It is a big part of the Tax Code itself. It is very confusing. Probably one of the reasons a lot of people have to hire accountants to do their taxes is just to figure the depreciation section. 242 CONGRESSIONAL RECORD—SENATE For a small business, what Section that would actually be a tax saving of 179 allows them to do is to count their whatever they are taxed on the $16,000. But it is an immediate encouragepurchased business asset as a normal business expense rather than trying' to ment for the companies to purchase figure out which depreciation table ap- things that they need, and they only plies and then making them apply that get to write them off if they buy them. formula and keep track of what part They don't get to write them off if it is has been written off and what part has history. They don't get to write them not been written off for a period of off if it is a thought in the future. They years. I think you are getting the idea only get to write it off if they go out of how complicated this depreciation and buy the equipment now. It is not thing is. I want to tell you when you everything they buy because vehicles actually get to calculating it, it is a lot are excluded and computer software is more complicated than what I have excluded. Computers are allowed. I will go into some other examples of some been talking about here. But if you can call it a business ex- thing's that could be written off. I also want to point out, though, that pense, that means you get to write it off in that initial year. You have the when small businesses go out and make revenue that comes in and you get to this expenditure, this is an expenditure subtract the expenses. That winds up in the private sector. One of the things with a net figure that you pay taxes that the economic report shows is that on. So, if you get to write off more as an expenditure in the private sector rean expense, rather than dragging it out volves money purchases around about over a period of years and trying to re- seven times. One business buys somemember to calculate and recalculate thing, the business that sold it to them all of this, then in this first year, you receives the money, the business that will have more revenue because you sold it to them turns it around and will have less taxes. That is why this spends it at another company, who becomes a very important jump-start takes it and spends it at another company who spends it. I think you get the to our economy. Right now, if you have $24,000 worth idea. The money revolves seven times. We can get expenditures, too, by havof those purchases, you can write them off. But if you go over that, you have ing the government just run out and to keep track of it and do all the cal- buy things. But here is a very imporculations. So this amendment, the tant point: Private sector expenditures Bond-Collins amendment, would give revolve seven times; government eximmediate relief and is preferable to penditures, twice. So that increase of treating such purchases as capital ex- $16,000 is considerably more effective in penditures where the business pur- the private sector than it is if we are chases must be deducted over a long spending it on government projects. period of time to reflect an asset's use- Keep that in mind. That is what this particular bill does. ful life. Farmers can deduct up to $40,000 of Even calculating useful life can be difficult. There are a whole set of prin- the cost of a much-needed piece of farm ciples set out in the Tax Code that help equipment, such as a hay baler. Ranchyou to determine "useful life," but the ers have an additional tax deduction easy part is writing it off in the year for the expense of their electric pump you purchase it. Direct expensing al- used to water their cattle. The local lows small business to avoid the com- auto repair shop can deduct the cost of plexities of depreciation rules and the a much-needed welding machine or depreciation, so to speak, is immediate painting equipment. The local florist or dry cleaner can buy the computerrather than over the life of the asset. The Bond-Collins amendment would ized cash register it needs. The local increase the amount of small business barber shop maybe can deduct the cost expensing from $24,000 to $40,000 for 2 of a new chair. It is a stimulus to get years. What does this mean? It means them to go make the purchases they small business would have an addi- need now, to make their business opertional $16,000 in business asset costs ate and be more competitive now. that they can deduct, above and beSome folks will try to argue that this yond the $24,000 that they can cur- applies to big corporations, and we are rently deduct, and they can deduct trying to make the rich even richer. that expense immediately. Not so. Remember this amendment That doesn't all become a tax break. only applies to small business. The only part that becomes a tax break In the past, section 179 applies only is the remainder, the revenue less this to those small businesses with annual expense. The remainder will be smaller asset purchases up to $200,000. The and the remainder gets taxed. So there Bond-Collins amendment will simply still is a tax implication to the whole increase that amount for 2 years to thing. asset purchases of $325,000. As a result, We are not talking about the $24,000 section 179 will still apply to small or the $40,000 increase as being a tax businesses, but will allow those small write-off. It is a tax deduction, so it is businesses to buy even more equipment a reduction in revenue. It is a very dif- up front and have the small business ficult concept, but it will only reduce expensing of that equipment apply imthe $16,000 of additional expenditure; mediately. January 25, 2002 If they buy more than $325,000 worth of equipment in a year, they do not qualify for this. If they buy $325,000, they are still limited to expensing only $40,000 of that amount. It is a small business proposition. There are a lot of companies that are at the $24,000 mark that will jump to the $40,000 mark because of this incentive. That extra $16,000 for thousands of companies across this country will cause other businesses to have a good year. They also will be stimulated to buy some extra equipment; and, it grows and grows. I support the Bond-Collins amendment because it gives small businesses more incentive to make investments in business assets or property immediately, causing an immediate, positive effect on our economy. With a business deduction of up to $40,000 and resulting increased purchases of business products from other businesses, many more businesses will have the money necessary to hire additional workers. In Wyoming, a $40,000 tax deduction can go a long way in providing wages for an additional or part-time worker. I should know. I owned a shoe store in Gillette, WY. Simply put, the less money I had to pay in taxes, the more money I had to invest in inventory, to maintain my building, and more importantly, to hire more people to take care of the customers. With additional small business expensing of $40,000, I could have bought that extra cash register I needed and with the tax money I saved, I could have hired an extra sales clerk to run it. 1 just spent a couple of weeks in Wyoming and walked down main street in places like Casper, Gillette, and Cheyenne, and smaller towns such as Sundance, Saratoga, and some that you have probably never heard of. Every business in Wyoming could use some relief. Many of these are small Mom and Pop businesses that don't want a "hand-out," but could use a "hand-up." The Bond-Collins amendment does just that. As a member of the Senate Small Business Committee and a small business owner for much of my life, I know we need the Bond-Collins amendment. Right now. the current economic stimulus bill we are discussing does not provide a small business expensing increase. Small businesses on Main Street America deserve more. Small businesses in this country have been the mainstay of our economy. In good and bad times, they have continued to stimulate our Nation's economy. We need to preserve this small business stimulus by providing this tax relief mechanism for small businesses. I think it is something that is appreciated across the aisle and across this building. I know on the other end of the building they have already passed this kind of stimulus. A small, short amendment like this doesn't appear to January 25, 2002 be much, but I think it will make a huge difference because thing's start in small business and they grow. We don't give them enough credit. But that is how it works. For these reasons, I support the Bond-Collins amendment covering small business expensing. I hope we can come together and resolve to pass an amendment that helps America's mainstay, the small businesses. I think this amendment will make a huge difference. It will make it immediately. It will grow in size more than is anticipated by anything else in the stimulus package. I hope my colleagues will take a careful and close look at this amendment, see the value of it, and join me in supporting it. Thank you. Mr. President. I yield the floor. 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. 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. A M E N D M E N T NO. '2718 T O A M E N D M E N T NO. 2698 (Purpose: T o amend the I n t e r n a l R e v e n u e Code of 1986 to p r o v i d e f o r a special deprec i a t i o n a l l o w a n c e for c e r t a i n p r o p e r t y acquired a f t e r D e c e m b e r 31, 2001, and b e f o r e J a n u a r y 1, 2004) Mr. REID. Mr. President, I send an amendment to the desk on behalf of Senator M A X B A U C U S . The PRESIDING OFFICER. The clerk will report. The legislative clerk read as follows: T h e Senator from Nevada Mr. BAUCUS. Mr. TORRICELLI, proposes an a m e n d m e n t a m e n d m e n t No. 2698. 243 CONGRESSIONAL RECORD—SENATE [Mr. REID], f o r and Mr. numbered BAYH. 2718 to Mr. REID. 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 printed in today's RECORD under "Amendments Submitted.") Mr. REID. Mr. President, I ask unanimous consent that the amendment be sot The PRESIDING OFFICER. Without objection, it is so ordered. A M E N D M E N T NO. 2719 T O A M E N D M E N T NO. 2698 Mr. REID. Mr. President, we have an agreement with the minority that we will alternate amendments. This would be the next Democratic amendment if the Republicans decide to offer an amendment. I send an amendment to the desk on behalf of Senator T O M H A R K I N . The PRESIDING OFFICER. The clerk will report. The legislative clerk read as follows: T h e S e n a t o r f r o m N e v a d a [ M r . REID], f o r M r . HARKIN, proposes an a m e n d m e n t numbered 2719 to a m e n d m e n t No. 2698. Mr. REID. 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: ( P u r p o s e : T o p r o v i d e f o r a t e m p o r a r y increase in the F e d e r a l m e d i c a l assistance p e r c e n t a g e f o r the m e d i c a i d p r o g r a m f o r f i s c a l y e a r 2002) S t r i k e section 301 and insert the f o l l o w i n g : SEC. 301. TEMPORARY INCREASES OF MEDICAID FMAP FOR FISCAL YEAH 2002. (a) YEAR PERMITTING 2001 MAINTENANCE OF FISCAL FMAP.—Notwithstanding any o t h e r p r o v i s i o n of l a w . but s u b j e c t t o subsection (d), if the F M A P d e t e r m i n e d w i t h o u t r e g a r d to this s e c t i o n f o r a S t a t e f o r f i s c a l y e a r 2002 is less than the F M A P as so determ i n e d f o r f i s c a l y e a r 2001, the F M A P f o r the S t a t e f o r fiscal y e a r 2001 shall be s u b s t i t u t e d f o r the S t a t e ' s F M A P f o r f i s c a l y e a r 2002, bef o r e the a p p l i c a t i o n of this s e c t i o n . (b) GENERAL 3 PERCENTAGE POINTS IN- CREASE.—Notwithstanding a n y o t h e r provision of l a w . but s u b j e c t t o subsections ( e ) and ( f ) , f o r each S t a t e f o r each c a l e n d a r q u a r t e r in f i s c a l y e a r 2002. the F M A P ( t a k i n g i n t o a c c o u n t the a p p l i c a t i o n of subsection ( a ) ) shall be increased by 3 p e r c e n t a g e points. (O FURTHER INCREASE HIGH UNEMPLOYMENT FOR STATES WITH RATES.— (1) IN GENERAL.—Notwithstanding any o t h e r p r o v i s i o n of law, but s u b j e c t to subs e c t i o n s ( e ) and ( f ) , the F M A P f o r a h i g h une m p l o y m e n t S t a t e f o r a calendar q u a r t e r in f i s c a l y e a r 2002 (and a n y subsequent c a l e n d a r q u a r t e r in such f i s c a l y e a r r e g a r d l e s s of w h e t h e r the S t a t e c o n t i n u e s to be a h i g h une m p l o y m e n t S t a t e f o r a c a l e n d a r q u a r t e r in such f i s c a l y e a r ) shall be increased ( a f t e r the a p p l i c a t i o n of subsections ( a ) and ( b ) ) by 1.50 p e r c e n t a g e points. (2) HIGH UNEMPLOYMENT STATE.— ( A ) IN GENERAL.—For purposes of this subs e c t i o n , a S t a t e is a h i g h u n e m p l o y m e n t S t a t e f o r a c a l e n d a r q u a r t e r if, f o r a n y 3 cons e c u t i v e m o n t h p e r i o d b e g i n n i n g on or a f t e r June 2001 and ending w i t h the second m o n t h b e f o r e the b e g i n n i n g of the c a l e n d a r q u a r t e r , the S t a t e has an a v e r a g e s e a s o n a l l y a d j u s t e d u n e m p l o y m e n t r a t e t h a t exceeds the a v e r a g e w e i g h t e d u n e m p l o y m e n t r a t e during such period. Such u n e m p l o y m e n t r a t e s f o r such m o n t h s shall be d e t e r m i n e d based on public a t i o n s of the Bureau of L a b o r S t a t i s t i c s of the D e p a r t m e n t of L a b o r . (B) AVERAGE WEIGHTED UNEMPLOYMENT RATE DEFINED.—For purposes of subparag r a p h ( A ) , the " a v e r a g e w e i g h t e d u n e m p l o y m e n t r a t e " f o r a period is— ( i ) the sum of the s e a s o n a l l y a d j u s t e d number of u n e m p l o y e d c i v i l i a n s in each S t a t e and the D i s t r i c t of C o l u m b i a f o r the period: d i v i d e d by ( i i ) the sum of the c i v i l i a n l a b o r f o r c e in e a c h S t a t e and the D i s t r i c t of C o l u m b i a f o r the period. (di 1-YEAR PAYMENTS INCREASE TO IN CAP ON MEDICAID TERRITORIES.—Notwith- s t a n d i n g any o t h e r p r o v i s i o n of law, w i t h respect t o f i s c a l y e a r 2002, the a m o u n t s o t h e r wise d e t e r m i n e d f o r P u e r t o R i c o , the V i r g i n Islands, G u a m , the N o r t h e r n M a r i a n a Islands. and A m e r i c a n S a m o a under s e c t i o n 1108 of the S o c i a l S e c u r i t y A c t (42 U.S.C. 1308) shall each be increased by an a m o u n t equal to 6 percentage points of such amounts. (e) SCOPE OF APPLICATION.—The increases in the F M A P f o r a S t a t e under this s e c t i o n shall apply o n l y f o r purposes of t i t l e X I X of the S o c i a l S e c u r i t y A c t and shall n o t a p p l y w i t h r e s p e c t to— (1) d i s p r o p o r t i o n a t e share h o s p i t a l p a y m e n t s described in s e c t i o n 1923 of such A c t (42 U.S.C. 13961--4): and (2) p a y m e n t s under t i t l e s I V and X X I of such A c t (42 U.S.C. 601 e t seq. and 1397aa et seq.). ( f ) STATE ELIGIBILITY.—A State is eligible f o r an increase in i t s F M A P under subsection ( b ) or ( c ) o n l y if the e l i g i b i l i t y under its S t a t e plan under t i t l e X I X of the S o c i a l Sec u r i t y A c t (including' a n y w a i v e r under such t i t l e or under s e c t i o n 1115 of such A c t (42 U.S.C. 1315)) is no m o r e r e s t r i c t i v e than the e l i g i b i l i t y under such plan ( o r w a i v e r ) as in e f f e c t on O c t o b e r 1, 2001. ( g ) DEFINITIONS.—In this s e c t i o n : (1) F M A P . — T h e t e r m " F M A P " m e a n s the F e d e r a l m e d i c a l assistance p e r c e n t a g e , as defined in section 1905(b) of the S o c i a l Secur i t y A c t (42 U.S.C. 1396d(b)i. (2) STATE.—The t e r m " S t a t e " has the m e a n i n g g i v e n such t e r m f o r purposes of t i t l e X I X of the S o c i a l S e c u r i t y A c t (42 U.S.C. 1396 et seq.). (hi IMPLEMENTATION FOR REMAINDER OF FISCAL YEAR 2002.—The S e c r e t a r y of H e a l t h and H u m a n S e r v i c e s shall increase p a y m e n t s t o S t a t e s under t i t l e X I X f o r the second, third, and f o u r t h c a l e n d a r q u a r t e r s of fiscal y e a r 2002 to t a k e i n t o a c c o u n t the increases in the F M A P p r o v i d e d f o r in this s e c t i o n f o r f i s c a l y e a r 2002 ( i n c l u d i n g the f i r s t q u a r t e r of such f i s c a l y e a r ) . JUDICIAL NOMINATIONS Mr. DASCHLE. Mr. President, I wish to speak briefly on the progress we have made this week on a couple of matters. We will soon propound a list of nominations. There will be 43 nominations total. Two of those have already been considered; that is, the confirmation of two Federal judges. But there are 36 other nominations, including 10 Ambassadorial nominations which will be presented to the Senate in a short period of time. I thank colleagues on my side of the aisle in particular for their cooperative effort. A lot of these nominations have worked their way through the committee. Chairmen and members of the committees have cooperated with the administration. We are now in the position to move quite a large number of these executive nominations at the very beginning of this session of Congress. There are others we hope to move, including additional judges. But obviously we continue to hope the administration will work with us in making sure that those nominations have been properly vetted and that we have the confidence that all of the actions required prior to confirmation have been completed. We will continue to work with them as we have over the course of the last year. We have already reported and confirmed over 35 judges. I believe the number is now 38. We will have a lot more to confirm in the coming weeks and months. I thank in that regard Senator L E A H Y for his efforts and for his work. I know there was a colloquy and exchange in the Chamber over the course of the last 244 January 25, 2002 CONGRESSIONAL RECORD—SENATE hour with regard to judgeships and other issues. I thank him for his leadership and for the extraordinary effort he has been making. As I said at the beginning of this session, and at the beginning of last session, it is my policy, and it is the policy of our caucus, that once these matters have been brought to the floor on the Executive Calendar, they will get a vote. It may not be a direct vote, but it will be a vote. And we will continue to work with our colleagues on both sides of the aisle to ensure that these votes are scheduled in a timely way. We have also begun consideration of the economic stimulus bill. I wish we could have accomplished more in the short time that we had. We will be back on the bill on Tuesday. We will work all through the day on Tuesday. There will be votes on Tuesday, beginning perhaps as early as Tuesday morning. We will also be in session on Monday, even though there will be no votes on Monday. Because of the Republican retreat, there will be no votes on Wednesday, Thursday, and Friday of next week. The Democratic single, 1-day conference will take place on Wednesday. We will come back the following Monday, and Senators should expect votes on Monday of the following week. It is my hope that we can complete our work on the economic stimulus bill early in that week, the week after next. We have a lot of work to do. The economic stimulus package should be completed within the first couple of days, so we can move to the farm bill, election reform, and, of course, the energy bill. So in a very short period of time there is a great deal of work to be done. If necessary, I intend to file cloture on the economic stimulus bill in an effort to bring closure to our work on the bill. WTe have been debating it for weeks, one could say months in the last session of the Congress last year. There is no need to extend the debate in this case as well. We will have additional amendments. We will have additional votes. But at the end, we must conclude our work and move on one way or the other. As I have said in this Chamber on many occasions, what I view this legislation to be is nothing more, really, than a ticket to conference so we can continue to work and find some resolution. It would be ideal, of course, if the House would just take it up and pass it. That would be my first choice. But at the very least, it is a ticket to conference. It would be a good thing if we got to conference and began working out our differences in a way that would allow us to complete our work on the economic stimulus bill and, I might add, provide the unemployment benefits for 13 more weeks for millions of workers who are looking to us for some sign of hope that they are going to have the wherewithal to at least maintain their quality of life and their ability to buy groceries and pay their rent and pay their heating bills. So while this has not been as productive a week as I had hoped, we have ended it in a way that I think gives us some reason for additional confidence next week as we take up the bill, and certainly confidence with regard to the Executive Calendar and the nominations that will be confirmed this afternoon. Mr. President, I yield the floor and suggest the absence of a quorum. The PRESIDING OFFICER. The clerk will call the roll. The legislative clerk proceeded to call the roll. Mr. A L L E N . Mr. President, I ask unanimous consent the order for the quorum call be rescinded. The PRESIDING OFFICER. Without objection, it is so ordered. HOPE FOR CHILDREN ACT— Continued A M E N D M E N T N O . 2702 Mr. A L L E N . Mr. President, I call up amendment No. 2702. The PRESIDING OFFICER. The clerk will report the amendment. The legislative clerk read as follows: The Senator from Virginia [Mr. A L L E N ] proposes an amendment numbered 2702 to the language proposed to be stricken by amendment No. 2698. Mr. A L L E N . Mr. President, I ask unanimous consent the reading of the amendment be dispensed with. The PRESIDING OFFICER. Without objection, it is so ordered. The amendment is as follows: (Purpose: T o exclude f r o m gross i n c o m e certain t e r r o r i s t a t t a c k zone c o m p e n s a t i o n of civilian uniformed personnel) A t the a p p r o p r i a t e place, insert the f o l lowing TITLE T E R R O R I S T R E S P O N S E TAX EXEMPTION ACT SECTION 1. SHORT TITLE. T h i s t i t l e m a y be c i t e d as the " T e r r o r i s t Response T a x E x e m p t i o n A c t " . SEC. 2. EXCLUSION OF CERTAIN TERRORIST ATTACK ZONE COMPENSATION OF CIVILIAN UNIFORMED PERSONNEL, ( a ) IN GENERAL.—Part I I I of subchapter B of chapter 1 of the I n t e r n a l R e v e n u e Code of 1986 ( r e l a t i n g to i t e m s s p e c i f i c a l l y excluded f r o m gross i n c o m e ) is amended by i n s e r t i n g a f t e r s e c t i o n 112 the f o l l o w i n g new section: "SEC. 112A. CERTAIN TERRORIST ATTACK ZONE COMPENSATION OF CIVILIAN UNIFORMED PERSONNEL, " ( a ) IN GENERAL.—Gross i n c o m e does n o t include c o m p e n s a t i o n r e c e i v e d by a c i v i l i a n u n i f o r m e d e m p l o y e e f o r any m o n t h during a n y p a r t of which such e m p l o y e e provides sec u r i t y . s a f e t y , f i r e m a n a g e m e n t , or m e d i c a l services during the i n i t i a l response in a terr o r i s t a t t a c k zone. " ( b ) DEFINITIONS.—For purposes of this section— "(1) term CIVILIAN 'civilian UNIFORMED uniformed EMPLOYEE.—The employee' means any n o n m i l i t a r y i n d i v i d u a l e m p l o y e d by a F e d e r a l , S t a t e , or l o c a l g o v e r n m e n t (or any a g e n c y or i n s t r u m e n t a l i t y t h e r e o f ) for the purpose of m a i n t a i n i n g public order, establishing and m a i n t a i n i n g ' public s a f e t y , or responding to m e d i c a l e m e r g e n c i e s . " ( 2 ) INITIAL RESPONSE.—The t e r m ' i n i t i a l response' means, w i t h respect t o any terr o r i s t a t t a c k zone, the period beginning w i t h the r e c e i p t of the f i r s t c a l l for services described in subsection ( a ) in such zone by an e n t i t y described in paragraph (1) and ending w i t h the b e g i n n i n g of the r e c o v e r y phase in such zone as d e t e r m i n e d by the appropriate o f f i c i a l of the F e d e r a l E m e r g e n c y M a n a g e ment Agency. "(2) TERRORIST ATTACK ZONE.— " ( A ) IN GENERAL.—The t e r m ' t e r r o r i s t att a c k zone' m e a n s a n y g e o g r a p h i c area desi g n a t e d in an E x e c u t i v e order by the President, pursuant t o a r e q u e s t by the chief execu t i v e o f f i c e r of the S t a t e in w h i c h such area is l o c a t e d to the appropriate o f f i c i a l of the F e d e r a l E m e r g e n c y M a n a g e m e n t A g e n c y , to be an area in w h i c h — " ( i ) a v i o l e n t a c t or a c t s occurred which— " ( I ) w e r e dangerous t o human l i f e and a v i o l a t i o n of the c r i m i n a l laws of the U n i t e d S t a t e s or of any S t a t e , and " ( I I ) would appear t o be intended to int i m i d a t e or coerce a c i v i l i a n population, influence the p o l i c y of a g o v e r n m e n t by int i m i d a t i o n , or a f f e c t the conduct, of a g o v e r n m e n t by assassination or kidnapping, and " ( i i ) as a d i r e c t result of such a c t or acts, loss of life, i n j u r y , or s i g n i f i c a n t d a m a g e to p r o p e r t y or cost of response occurred. "(Bi SIGNIFICANT DAMAGE TO PROPERTY OR COST OF RESPONSE.—For purposes of subparagraph ( A M i i ) , d a m a g e t o p r o p e r t y or cost of response w i t h respect t o a n y area is s i g n i f i c a n t if such damages or cost exceeds or w i l l exceed $500,000. " ( C ) L I M I T A T I O N ON D E S I G N A T I O N . - - A n area m a y n o t be designated as a t e r r o r i s t a t t a c k zone under subparagraph ( A i if a n e g a t i v e e c o n o m i c i m p a c t to such area was the sole result of the a c t or a c t s described in subparagraph ( A Hi). " ( 3 ) COMPENSATION.—The t e r m 'compensat i o n ' does n o t include pensions and r e t i r e ment pay.". (b) CONFORMING AMENDMENTS.— (1) S e c t i o n 3401(a)(1) of the I n t e r n a l R e v enue Code of 1986 is amended by i n s e r t i n g " o r section 112A ( r e l a t i n g t o c e r t a i n terr o r i s t a t t a c k zone c o m p e n s a t i o n of c i v i l i a n uniformed personnel)" after "United States)". (2) T h e table of sections f o r part I I I of subchapter B of c h a p t e r 1 of such Code is amended by i n s e r t i n g a f t e r the i t e m r e l a t i n g to section 112 the f o l l o w i n g new item: "Sec. 112A. Certain terrorist, a t t a c k c o m p e n s a t i o n of c i v i l i a n formed personnel.". zone uni- ( c ) EFFECTIVE DATE.— 1 The amendments made by this section shall apply t o taxable y e a r s ending on or a f t e r S e p t e m b e r 11, 2001. Mr. ALLEN. Mr. President, I rise to ask for my colleagues support of amendment No. 2702, my "Terrorist, Zone Tax Exemption A c t . " I would like to share with the Presiding Officer, my colleagues, and the American people the purpose of this amendment. As we well know, the tragic events of September 11 demonstrated the worst attack that we have seen in this country, maybe in our entire history. At the same time—while seeing some of the most vile activity that mankind January 25, 2002 CONGRESSIONAL RECORD—SENATE has ever seen—we saw a demonstration here at home as it does for those who of the best of the American spirit. Un- serve our military objectives. These wonderful men and women we fortunately. our Nation has been forever changed since those attacks of have heard about, read about—many September 11, 2001. However, we should who lost their lives: but also those who remember that we have been changed survived—these men and women are in some good ways. We are now united patriots; they are heroes. All of those and resolved—very resolved—to combat who responded to this vile act of war terrorism worldwide. This war on ter- on the United States on September 11. rorism is unlike any other war we have 2001. carry forth a unity of purpose for ever fought. Indeed, the attack of Sep- compassion, for liberty, and for justice. tember 11 has actually changed the def- We must honor their hard work and reinition of combatants, so that now not solve. for their example truly exemplionly are military personnel tasked to fies our diverse, strong, and respectful locate and eradicate potential terrorist Nation. And so I ask my colleagues to join threats, but also civilian police, fire and rescue personnel are charged with me in supporting my amendment. It is maintaining public safety after a ter- an expression of gratitude to those who rorist attack. And they are all subject wear the badges, wear the firefighter boots, carry the medical bags, and anto attack and risk. swer the call to protect life and propIn recognition of this new reality. I erty in the wake of the dastardly, cowhave offered this amendment that will ardly attacks of terrorists. extend the current tax exemption for This measure has been supported by military service members serving in a many organizations. It has the support combat zone—use that same logic, that of the 299,000 members of the Fraternal same principle to provide those same Order of Police; the International Assosorts of tax exemption benefits—to ci- ciation of Fire Chiefs; the New York vilian uniformed employees who re- City Detectives Endowment Associaspond to terrorist attacks on our own tion, representing 7,500 active New soil. York Police Department detectives: Specifically, my amendment includes the National Association of Police Offithose brave police officers, firefighters, cers, representing 220.000 law enforceand EMTs who risk their lives to de- ment officers across our country. The Capital Police Labor Board strongly fend us and our property. It defines a terrorist attack zone as supports it as well. an area where someone has attempted Some may ask what is the fiscal imto intimidate or coerce the civilian pact of this. If. say, you were a police population or influence the policy of a officer or firefighter or an EMT worker government by conducting criminal responding to a terrorist attack such as that attacks on New York City and terrorist acts. It also extends this exemption to the Pentagon—and those are the only those who are now an integral part of places that would fit the description of our growing homeland security net- a terrorist attack zone under this bill— your income for that month of Sepwork. Congress has already recognized the tember, would be exempt from Federal extraordinary sacrifices that our mem- taxation, just as a military pilot flying bers of the Armed Forces have per- over Afghanistan receives now. That formed in their service in combat income that he earns or she earns is exzones. Let us take this opportunity to empt from Federal taxes for time spent honor our law enforcement officers, in response, and is validated on a firefighters, and rescue personnel who month-to-month basis. It comes out to have also placed themselves in danger approximately $205 a month for our in service to their country, to their rescue workers. It is not a lot of States, and to their communities in money, but it is an expression of gratitude. protecting their fellow citizens from The total fiscal impact is about $7 the enemy and these terrorist attacks. Let's recognize, whether they were in million. Again, not much in the whole the World Trade Center, at the Pen- scheme of things here in Washington, tagon, or on airplanes that were com- but still an expression of support. I would like to read from some of the mandeered, people were in dangerous situations, and many lost their lives. groups that have endorsed this legislaOthers were rescuing people in toxic tion or this amendment. For example, air, where there was falling debris, the Detectives Endowment Association of the Police Department for the City where there was burning embers or of New York: plastics or fuel, and other dangerous As President of the New Y o r k City Detecsituations. tives Endowment Association, representing Our enemies, in their attacks, make 7,500 active detective members of the N Y P D . all Americans—not just our military, and as President of the National Association but our civilians as well—the target of of P o l i c e Organizations, representing 220,000 their attacks. They do so without re- law enforcement officers f r o m all across the gard for the thousands of lives that United States. I wish to commend and support [this legislation.] would be affected by these attacks. Mr. Tom Scotto, who is the President So now the Federal Government must adapt the Tax Code to account of both the Endowment Association for those who serve the public's safety and NAPO. goes on to write: 245 Having personally experienced the tragic events of the terrorist a t t a c k s on the World Trade Center on September 11. 2001. I believe that this legislation is justifiable and w i l l go a long way towards boosting the morale of these public servants who respond to such events. From the Grand Lodge of the Fraternal Order of Police, their President. Steve Young, writes that they very strongly support this Terrorist Response Tax Exemption Act or this amendment. They are in strong support. September 11 was a day of terrible tragedy, but in the midst of flames and the rubble, we saw shining examples of heroism f r o m our law enforcement officers and other rescue workers. P l a c i n g their own lives in jeopardy, these courageous men and women helped rescue thousands. T h e y called their own nation to heroism in the face of the long and difficult struggle that looms in our future. Y o u r bill would exempt the income of unif o r m rescue personnel in " t e r r o r i s t a t t a c k zones," f r o m income tax during the months in which they perform their duties in response t o such attacks. Our nation is engaged in a c o n f l i c t that will not be fought, between just armies or soldiers. Our hidden enemies aim their attacks at civilian targets and public safety officers—police, firefighters. and emergency medical personnel— w i l l be the first to respond to the scene, not the U.S. m i l i t a r y . We think it f i t t i n g , therefore, that your bill mirrors current law giving m i l i t a r y personnel tax relief while serving in a combat zone. It goes on to commend the measure. Finally, I would like to share with my colleagues a letter of endorsement from the International Association of Fire Chiefs. This is signed by their executive director. Gary Briese. Dear Senator Allen: On behalf of the International Association of Fire Chiefs and A m e r i c a ' s 1.1 m i l l i o n fire fighters, I would like to thank you for introducing legislation to provide tax relief for fire fighters and other f i r s t responders who respond to acts of terrorism. As we understand it, your [measure], the T e r r o r i s t Response Exemption Act, would provide an exemption f r o m federal income taxes to those who respond t,o terrorist incidents while they are engaged in emergency operations. T h i s exemption already exists for members of our armed forces who enter into combat zones. Assistance of any kind to fire fighters is of g r e a t help, particularly in the wake of the stunning and tragic events of September 11. T h a n k you for your continued support of our nation's fire fighters. Those are the comments of many decent leaders who represent literally tens of thousands, hundreds of thousands of outstanding individuals who devote their lives to protecting their communities and the lives of people in their communities. Since these vile attacks of September 11. we have seen the nature of warfare change dramatically. As long as our enemies are willing to conduct these suicide bombings, these terrorist attacks, acts we consider brazen and outrageous, and are particularly outrageous since they are attacking us here in our homeland, civilians, undefended men, women, and 246 CONGRESSIONAL RECORD—SENATE children, people commandeered on an aircraft, people in office building's, as long as this continues, our laws should reflect this new reality. Our firefighters, police and EMTs, other rescue personnel have all proven themselves to be not only heroes but superheroes in these attacks; they will hopefully never be called on again to perform such duty. But if they do, if that sad eventuality should occur, I think they deserve all the protections and benefits in these modern combat zones that we can offer. 1 ask my colleagues, in a bipartisan effort to support this amendment to this measure, let's support our firefighters, our police, our emergency medical personnel. This is a sad new reality for our country. We are united. Let's support our heroes. It is not a lot of money, but it means a lot. I think it expresses our sentiment that we want to support them as they protect us and our lives and our livelihoods. I yield the floor and suggest the absence of a quorum. The PRESIDING OFFICER. The clerk will call the roll. The 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. A M E N D M E N T N O . 272] T O A M E N D M E N T N O . 2698 Mr. REID. Mr. President, I send an amendment to the desk on behalf of Senator B A U C U S which would be the next Democratic amendment in order. The PRESIDING OFFICER. The clerk will report. The legislative clerk read as follows: T h e S e n a t o r f r o m N e v a d a [Mr. REID], f o r Mr. BAUCUS, proposes an a m e n d m e n t numbered 2721 t o a m e n d m e n t No. 2698. Mr. REID. 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: T o p r o v i d e e m e r g e n c y a g r i c u l t u r e assistance) A t the end add the f o l l o w i n g : TITLE EMERGENCY AGRICULTURE ASSISTANCE Subtitle A—Income Loss Assistance SEC. 01. INCOME LOSS ASSISTANCE. ( a ) IN GENERAL.--The S e c r e t a r y of A g r i c u l t u r e ( r e f e r r e d t o in this t i t l e as the " S e c r e t a r y " ) shall use $1,800,000,000 of funds of the C o m m o d i t y C r e d i t C o r p o r a t i o n to m a k e e m e r g e n c y f i n a n c i a l assistance a v a i l a b l e to producers on a f a r m t h a t h a v e incurred q u a l i f y i n g i n c o m e losses in calendar y e a r 2001. (B) ADMINISTRATION.—The S e c r e t a r y shall m a k e assistance a v a i l a b l e under this section in the same m a n n e r as p r o v i d e d under section 815 of the A g r i c u l t u r e , R u r a l D e v e l o p m e n t , Food and Drug A d m i n i s t r a t i o n , and R e l a t e d A g e n c i e s A p p r o p r i a t i o n s A c t , 2001 ( P u b l i c L a w 105-277; 114 S t a t . 1549A-55), including using' the same loss thresholds f o r the q u a n t i t y and e c o n o m i c losses as w e r e used in a d m i n i s t e r i n g t h a t section. (c) USE OE FUNDS FOR CASH PAYMENTS.— T h e S e c r e t a r y m a y use funds m a d e a v a i l a b l e under this section t o m a k e , in a m a n n e r consistent w i t h this section, cash p a y m e n t s n o t f o r crop disasters, but f o r i n c o m e loss to c a r r y o u t the purposes of this section. SEC. 02. LIVESTOCK ASSISTANCE PROGRAM. ( a ) IN GENERAL.—The S e c r e t a r y shall use $500,000,000 of the funds of the C o m m o d i t y C r e d i t C o r p o r a t i o n t o m a k e and a d m i n i s t e r p a y m e n t s f o r l i v e s t o c k losses t o producers f o r 2001 losses in a c o u n t y t h a t has r e c e i v e d an e m e r g e n c y d e s i g n a t i o n by the P r e s i d e n t or the S e c r e t a r y a f t e r J a n u a r y 1, 2001, of w h i c h $12,000,000 shall be made a v a i l a b l e f o r the A m e r i c a n I n d i a n l i v e s t o c k program under section 806 of the A g r i c u l t u r e , R u r a l D e v e l o p m e n t , F o o d and Drug A d m i n i s t r a tion, and R e l a t e d A g e n c i e s A p p r o p r i a t i o n s A c t , 2001 ( P u b l i c L a w 105-277; 114 S t a t . 1549A51). ( b ) ADMINISTRATION.—The S e c r e t a r y shall m a k e assistance a v a i l a b l e under this section in the same m a n n e r as p r o v i d e d under sect i o n 806 of the A g r i c u l t u r e , R u r a l D e v e l o p m e n t , F o o d and Drug A d m i n i s t r a t i o n , and R e l a t e d A g e n c i e s A p p r o p r i a t i o n s A c t , 2001 ( P u b l i c L a w 105-277; 114 S t a t . 1549A-51). January 25, 2002 dural vote pertaining to the Smith amendment. Had I been present, I would have voted " n o " on the motion to waive the Budget Act with respect to the Smith second-degree amendment to the Daschle substitute amendment. The Daschle amendment includes 1-year 30-percent bonus depreciation for assets either put in operation or binding contracts signed by September 10, 2002. The Smith amendment would have provided 30-percent bonus depreciation for 3 years, causing a deepening of the projected Federal deficit and extending the incentive beyond the forecasted period of the current economic downturn. Moreover, the incentive for a company to act now to acquire and place into service assets that do not take years to produce would be reduced under a 3-year bonus depreciation proposal, as proposed by Senator SMITH. I would also note that my absence for this vote did not affect the outcome of the vote. The Smith amendment was rejected in a 39-45 vote, and would have required 60 votes to prevail. Subtitle B—Administration SEC. 11. COMMODITY CREDIT CORPORATION. T h e S e c r e t a r y shall use the funds, f a c i l i ties, and a u t h o r i t i e s of the C o m m o d i t y Credi t C o r p o r a t i o n to c a r r y out this t i t l e . SEC. 12. ADMINISTRATIVE EXPENSES. ( a ) IN GENERAL.—In a d d i t i o n t o funds othe r w i s e a v a i l a b l e , n o t l a t e r than 30 days a f t e r the date of e n a c t m e n t of this A c t , out of any funds in the T r e a s u r y n o t o t h e r w i s e appropriated, the S e c r e t a r y of the T r e a s u r y shall t r a n s f e r t o the S e c r e t a r y of A g r i c u l t u r e t o pay the salaries and expenses of the Departm e n t of A g r i c u l t u r e in c a r r y i n g out this t i t l e $50,000,000, t o r e m a i n a v a i l a b l e u n t i l expended. (b) RECEIPT AND ACCEPTANCE.—The Sec- r e t a r y shall be e n t i t l e d t o r e c e i v e , shall accept, and shall use t o c a r r y out this section the funds transferred under subsection (a), without further appropriation. SEC. 13. REGULATIONS. ( a ) IN GENERAL.—The S e c r e t a r y m a y prom u l g a t e such r e g u l a t i o n s as are necessary t o i m p l e m e n t this t i t l e . (b) PROCEDURE.—The p r o m u l g a t i o n of the r e g u l a t i o n s and a d m i n i s t r a t i o n of this subt i t l e shall be made w i t h o u t regard to— (1) the n o t i c e and c o m m e n t provisions of section 553 of t i t l e 5, U n i t e d S t a t e s Code; (2) the S t a t e m e n t of P o l i c y of the Secr e t a r y of A g r i c u l t u r e e f f e c t i v e J u l y 24, 1971 (36 Fed. R e g . 13804), r e l a t i n g t o n o t i c e s of proposed r u l e m a k i n g and public p a r t i c i p a t i o n in r u l e m a k i n g ; and (3) c h a p t e r 35 of t i t l e 44, U n i t e d S t a t e s Code ( c o m m o n l y k n o w n as the " P a p e r w o r k Reduction A c t " ) . (c) CONGRESSIONAL REVIEW OF AGENCY RULEMAKING.—In c a r r y i n g out this section, the S e c r e t a r y shall use the a u t h o r i t y provided under section 808 of t i t l e 5, U n i t e d S t a t e s Code. Mr. REID. Mr. President, does the Senator from Virginia have any business before the Senate at this time? Mr. A L L E N . I do not. VOTE EXPLANATION Mrs. CLINTON. Mr. President. I was unable to be present for today's proce- MORNING BUSINESS Mr. REID. Mr. President, I ask unanimous consent the Senate now proceed to a period of morning business with Senators permitted to speak therein for a period not to exceed 10 minutes each. The PRESIDING OFFICER. Without objection, it is so ordered. GOMA Mr. FEINGOLD. Mr. President, I rise today to bring my colleagues' attention to the desperate situation of the people of Goma in the Democratic Republic of the Congo. A natural disaster recently added to the man-made tragedies that have already had a profound effect on the population in and around Goma. Basic human decency demands that the United States and the international community take prompt action to provide relief to the Congolese people, and to help them in their efforts to rebuild their communities. On January 17, Mount Nyiragongo, which is situated in the eastern part of the country near Lake Kivu, erupted and eventually produced several different paths of lava, including one that ran directly through Goma, destroying one-fifth to one-third of the city and displacing over 200,000 people. Some 62,500 people's homes were destroyed, and reports indicate that hundreds of thousands have lost their jobs, their places of work utterly destroyed. It appears that scores lost their lives. For days, the displaced suffered without assistance, desperately searching for food, water, and shelter. Witnesses to the misery of the Rwandan refugees who fled the 1994 genocide. January 25, 2002 247 CONGRESSIONAL RECORD—SENATE many were unwilling' to become refugees themselves, and rapidly returned to the devastated city. The international community has now been able to mobilize help. As of yesterday, the water system in Goma had resumed limited operations, but there are still parts of the city with no access to clean water, forcing families to drink from contaminated sources and increasing' the risk of a cholera outbreak. Today, U.S. relief assistance has reached the people of Goma, and I commend the Administration for working to get blankets, water, emergency food aid, and temporary emergency shelter materials to the communities in need. I want to stress that life has been precarious for the people of this region for far too long. They have been among the millions of Congolese suffering from the all too often overlooked humanitarian crisis that has gripped much of central Africa. The Congolese people suffered unspeakably during the colonial era. Then they endured the repression and astonishing corruption of the Mobutu regime. Next came the civil war that still leaves the country divided. Throughout these political trials, the most basic infrastructure of the country has crumbled, year by year, the victim of neglect, of corruption, and of conflict. Not only are the Congolese people still denied basic political rights—no matter which force controls the section of the country in which they live—but many also do not have access to even rudimentary health care. Several credible surveys and reports indicate that malnutrition levels have reached appalling levels. As chairman of the Subcommittee on African Affairs, I am committed to holding a hearing to focus attention on the DRC in the months ahead. My colleagues will surely recognize that a vast country gripped by deprivation and fear provides opportunities for some of the worst international actors. Surely they will see that the situation in the Democratic Republic of the Congo creates a zone of instability at the heart of the continent—a direct challenge to our global efforts to stand on the side of both order and justice. Surely we will all realize that both our interests and our morals demand that we help the people of Goma not just to survive their immediate ordeal, but to rebuild their communities. We must work to support the inter-Congolese dialogue that, aims to bring peace and a democratic political solution to the country, and we must demand all signatories to the Lusaka Accords respect the fundamental human rights of the Congolese people. WTe must work with the international community to provide desperately needed development assistance to the people who have longbeen denied meaningful control over the course of their own country's destiny. The disaster in Goma has finally drawn international attention to the plight of the Congolese. We cannot avert our eyes now that the lava has stopped its terrible advance. LOCAL L A W ENFORCEMENT ACT OF 2001 Mr. SMITH of Oregon. Mr. President. I rise today to speak about hate crimes legislation I introduced with Senator K E N N E D Y 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 November 8. 1998, in Palm Springs. CA. A gay participant in Palm Springs' Gay Pride weekend was attacked by three men. The assailants. Raymond Quevedo. 18, and two youths, ages 16 and 17, were charged with assault with a deadly weapon 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, we can change hearts and minds as well. TRIBUTE TO SGT. JEANNETTE L. WINTERS Mr. BAYH. Mr. President. I rise today to pay tribute to the seven members of the U.S. Marine Corps who died on January 9. 2002, when their KC-130 plane crashed in Pakistan. We are grateful for their service to the United States and are humbled by the ultimate sacrifice they made in defense of our country. In Indiana, we grieve the untimely death of one of our own, Sgt. Jeannette Winters. Sergeant Winters grew up in Gary, IN and followed in the footsteps of her older brother, Matthew, when she joined the Marine Corps in 1997. Sergeant Winters was deployed for Operation Enduring Freedom in December and worked as a radio operator on the KC-130 plane. Jeannette is remembered fondly by her friends and family as a caring person who had a positive outlook on life. She loved her country and was a proud marine who served honorably for more than 4 years. Her courage and her commitment to our country are a credit to her family and to the State of Indiana. It is my privilege to pay tribute to Sgt. Jeannette Winters for her bravery and sacrifice by honoring her in the official R E C O R D of the U.S. Senate. I send my heartfelt condolences to her family and friends. Sergeant Winters and all of the brave men and women of our Armed Forces will remain in our thoughts and prayers. When I reflect on the just cause in which we are engaged, on our commitment to routing out the scourge of terrorism across the world. I am reminded of the words of the prophet Isaiah who said, "He will swallow up death in victory: and the Lord God will wipe away tears from off all faces." ADDITIONAL S T A T E M E N T S TRIBUTE TO D A R R E L L J. LOCKWOOD • Mr. SMITH of New Hampshire. Mr. President, I rise today to pay tribute to Darrell Lockwood of Goffstown, NH. for being named by the New Hampshire School Administrators Association in coordination with the American Association of School Administrators as New Hampshire Superintendent of the Year for 2001-2002. Darrell has been a dedicated member of the educational community for many years. He was appointed superintendent in 1998 and formerly served as a teacher, principal and business administrator from 1976 through 1987. An exemplary community contributor, Darrell has been actively involved in many educational associations and organizations including: adjunct faculty member Rivier College and Plymouth State College, chairman South Central School Administrators Association, representative Northeast Superintendents Leadership Council and member and past president of the Goffstown Rotary Club. Darrell received his Doctorate of Education in Curriculum. Instruction and Administration from Boston College in Chestnut Hill. MA, his Masters in Education from Antioch University in Keene, NH and a Bachelor of Science in Education from Westfield State College in Westfield, MA. As a former school teacher. I applaud Darrell for his devoted service to the educational community in New Hampshire. Thanks to his leadership and guidance, many young people in the state have benefitted from his skills in teaching and administration. It is truly an honor and a privilege to represent him in the United States Senate.* HONORING W A L T DISNEY • Mrs. CARNAHAN. Mr. President,, we are all familiar with the quote " I only hope that we don't lose sight of one thing—that it was all started by a mouse." Immediately, my mind turns to W7alt Disney and a smile comes across my face. His lifetime achievements are well known by all and often told, but today I want to talk about the boy. Walt Disney grew up with roots deep in Missouri. A boy whose early childhood experiences and memories would be the foundation for the 248 CONGRESSIONAL RECORD—SENATE man who would take the dreams of America, and make them come true. This year we mark the one hundredth anniversary of Walt's birth, and all over America people are gathering- to celebrate. In Marceline, MO, Walt's hometown, the Centennial Celebration drew a reported 50,000 visitors anxious to participate. People came from all over the world to get a feel for what Walt experienced there, including a dedication to the kind of group effort that was a hallmark of American farming around the turn of the century. The idealized Main Street in Disneyland, the country life depicted in "Old Yeller," and even the fascination with animals that led to the True-Life Adventures, all have their origins on that farm in Marceline. 1990 and 1991 (Public Law 101-246) (the " A c t " ) , and as President of the United States, I hereby report to the Congress that it is in the national interest of the United States to terminate the suspensions under section 902 of the Act insofar as such suspensions pertain to the export of defense articles or defense services in support of efforts by the Government of Japan to destroy Japanese chemical weapons abandoned during World War II in the People's Republic of China. License requirements remain in place for these exports and require review and approval on a case-bycase basis by the United States Government. In Kansas City they also celebrate one of the most successfully creative men of the 20th century. A t age 9, Walt and his family moved to Kansas City where his father bought a Kansas City Star newspaper route. Walt and his brother, Roy, had to wake at 3:00 a.m. every day to deliver newspapers, developing a work ethic in Walt that would later wear out all but the sturdiest of staff members. It was his father's gritty determination and resilience balanced by his mother's love of fun and a pleasure in people that added to his wealth of experience from which he was to draw in films and other creative ventures for the rest of his life. Legend has it that the idea for Mickey Mouse came to him from a memory of a friendly mouse that begged for food in his Kansas City art studio. EXECUTIVE AND OTHER COMMUNICATIONS The following communications were laid before the Senate, together with accompanying papers, reports, and documents, which were referred as indicated: We all owe him our gratitude. Try to imagine a world without Walt Disney— a world without his magic, whimsy, and optimism. Fortunately we don't have to. Walt did more to touch the hearts, minds, and emotions of millions of Americans than any other man in the past century. A mouse may have started it, but through his work he brought joy, happiness, and a universal means of communication to the people all over the world.* REPORT OF THE N A T I O N A L INTEREST R E L A T I V E TO J A P A N AND CHEMICAL WEAPONS—MESSAGE FROM THE PRESIDENT RECEIVED DURING THE ADJOURNMENT—PM 64 Under the authority of the order of the Senate of January 3, 2001, the Secretary of the Senate, on January 25, 2002, during the adjournment of the Senate, received the following message from the President of the United States, together with accompanying paper; which was referred to the Committee on Foreign Relations. To the Congress of the United States: Pursuant to the authority vested in me by section 902 of the Foreign Relations Authorization Act, Fiscal Years GEORGE BUSH. T H E W H I T E HOUSE, January 25, 2002. EC-5189. A c o m m u n i c a t i o n f r o m the Direct o r of C o m m u n i c a t i o n s and L e g i s l a t i v e A f fairs, Equal E m p l o y m e n t O p p o r t u n i t y Commission, t r a n s m i t t i n g , pursuant to law, the Board's r e p o r t under the G o v e r n m e n t in the Sunshine A c t f o r calendar y e a r 2001; to the C o m m i t t e e on G o v e r n m e n t a l A f f a i r s . EC-5190. A c o m m u n i c a t i o n f r o m the ActingChair, F e d e r a l Subsistence Board, Fish and W i l d l i f e S e r v i c e , D e p a r t m e n t of the I n t e r i o r , t r a n s m i t t i n g , pursuant t o law, the r e p o r t of a rule e n t i t l e d " S u b s i s t e n c e M a n a g e m e n t R e g u l a t i o n s f o r P u b l i c Lands in A l a s k a , Subp a r t C and D—2002-2003 Subsistence T a k i n g of F i s h and S h e l l f i s h R e g u l a t i o n s " (RIN1018AH77) r e c e i v e d on J a n u a r y 23, 2002; to the C o m m i t t e e on E n e r g y and N a t u r a l Resources. EC-5191. A c o m m u n i c a t i o n f r o m the P r e s i dent of the U n i t e d S t a t e s , t r a n s m i t t i n g , pursuant t o law, a r e p o r t c o n c e r n i n g the status of U.S. e f f o r t s r e g a r d i n g I r a q ' s c o m p l i a n c e w i t h U N S e c u r i t y Council resolutions; to the C o m m i t t e e on F o r e i g n R e l a t i o n s . EC-5192. A c o m m u n i c a t i o n f r o m the P r e s i dent of the U n i t e d S t a t e s , t r a n s m i t t i n g , pursuant t o law, a s u p p l e m e n t a l r e p o r t r e l a t i v e t o Bosnia and H e r z e g o v i n a and o t h e r states in the r e g i o n c o n c e r n i n g the N o r t h A t l a n t i c T r e a t y O r g a n i z a t i o n led S t a b i l i z a t i o n F o r c e ; to the C o m m i t t e e on F o r e i g n R e l a t i o n s . EC-5193. A c o m m u n i c a t i o n f r o m the P r i n cipal D e p u t y A s s o c i a t e A d m i n i s t r a t o r of the Environmental Protection Agency, transmitting, a r e p o r t e n t i t l e d " C l e a n W a t e r A c t Sect i o n 404 P e n a l t y P o l i c y " ; t o the C o m m i t t e e on E n v i r o n m e n t and P u b l i c W o r k s . EC-5194. A c o m m u n i c a t i o n f r o m the P r i n cipal D e p u t y A s s o c i a t e A d m i n i s t r a t o r of the Environmental Protection Agency, transmitting, pursuant t o law, the r e p o r t of a rule ent i t l e d " A p p r o v a l and P r o m u l g a t i o n of I m p l e m e n t a t i o n Plans; N e w Jersey; M o t o r V e h i c l e Inspection and Maintenance Program" (FRL7127-8) r e c e i v e d on J a n u a r y 16, 2002; t o the C o m m i t t e e on E n v i r o n m e n t and P u b l i c Works. EC-5195. A c o m m u n i c a t i o n f r o m the P r i n cipal D e p u t y A s s o c i a t e A d m i n i s t r a t o r of the Environmental Protection Agency, transmitt i n g , pursuant t o law, the r e p o r t of a rule ent i t l e d " A p p r o v a l of the Clean A i r A c t . Sect i o n 112(1), D e l e g a t i o n of A u t h o r i t y t o the January 25, 2002 Idaho D e p a r t m e n t of E n v i r o n m e n t a l Quali t y " (FRL7126-3) r e c e i v e d on J a n u a r y 16, 2002; t o the C o m m i t t e e on E n v i r o n m e n t and Public Works. EC-5196. A c o m m u n i c a t i o n f r o m the P r i n cipal D e p u t y A s s o c i a t e A d m i n i s t r a t o r of the Environmental Protection Agency, transmitting, pursuant t o law, the r e p o r t of a rule ent i t l e d " R e q u e s t f o r P r o p o s a l s f o r an I m proved A t m o s p h e r i c Nitrogen Deposition D a t a S e t f o r the Chesapeake B a y P r o g r a m " {FRL7129-4) r e c e i v e d on J a n u a r y 16, 2002; t o the C o m m i t t e e on E n v i r o n m e n t and P u b l i c Works. EC-5197. A c o m m u n i c a t i o n f r o m the Secr e t a r y of the D e p a r t m e n t of A g r i c u l t u r e , t r a n s m i t t i n g , pursuant to l a w . a r e p o r t on e n v i r o n m e n t a l assessment, r e s t o r a t i o n , and cleanup a c t i v i t i e s f o r Fiscal Y e a r 2000: to the Committee on E n v i r o n m e n t and Public Works. EC-5198. A c o m m u n i c a t i o n f r o m the P r i n cipal D e p u t y A s s o c i a t e A d m i n i s t r a t o r of the Environmental Protection Agency, transmitting, pursuant to l a w . the r e p o r t of a rule ent i t l e d " A p p r o v a l and P r o m u l g a t i o n of I m p l e m e n t a t i o n Plans; N e w Y o r k ' s Reasonable F u r t h e r Plans, T r a n s p o r t a t i o n C o n f o r m i t y Budgets, Reasonably Available Control Measure A n a l y s i s and 1-Hour Ozone A t t a i n ment Demonstration State Implementation P l a n " (FRL7132-5) r e c e i v e d on January 18, 2002; t o the C o m m i t t e e on E n v i r o n m e n t and Public Works. EC-5199. A c o m m u n i c a t i o n f r o m the P r i n cipal D e p u t y A s s o c i a t e A d m i n i s t r a t o r of the Environmental Protection Agency, transmitting, pursuant to law, the r e p o r t of a rule ent i t l e d " A m e n d m e n t s t o the R e q u i r e m e n t s on V a r i a b i l i t y in the C o m p o s i t i o n of A d d i t i v e s C e r t i f i e d Under the G a s o l i n e D e p o s i t C o n t r o l P r o g r a m ; P a r t i a l W i t h d r a w a l of D i r e c t F i n a l R u l e " (FRL7132-3) r e c e i v e d on J a n u a r y 18, 2002; to the C o m m i t t e e on E n v i r o n m e n t and Public Works. EC-5200. A c o m m u n i c a t i o n f r o m the P r i n cipal D e p u t y A s s o c i a t e A d m i n i s t r a t o r of the Environmental P r o t e c t i o n Agency, transmitting, pursuant to l a w . the r e p o r t of a rule ent i t l e d " R e l a x a t i o n of S u m m e r Gasoline V o l atility Standard f o r the Denver Boulder A r e a " (FRL7130-9) r e c e i v e d on January 18, 2002; to the C o m m i t t e e on E n v i r o n m e n t and P u b l i c Works. EC-5201. A c o m m u n i c a t i o n f r o m the P r i n cipal D e p u t y A s s o c i a t e A d m i n i s t r a t o r of the Environmental Protection Agency, transmitting, pursuant to law, the r e p o r t of a rule ent i t l e d " P r o t e c t i o n of S t r a t o s p h e r i c Ozone: R e m o v a l of R e s t r i c t i o n s on C e r t a i n F i r e Suppression S u b s t i t u t e s f o r O z o n e - D e p l e t i n g Substances; and L i s t i n g of Substitutes" (FRL7130-7) r e c e i v e d on J a n u a r y 18. 2002; to the C o m m i t t e e on E n v i r o n m e n t and P u b l i c Works. EC-5202. A c o m m u n i c a t i o n f r o m the P r i n cipal D e p u t y A s s o c i a t e A d m i n i s t r a t o r of the Environmental P r o t e c t i o n Agency, transmitting, pursuant to law, the r e p o r t of a rule ent i t l e d " G u i d e l i n e s on A w a r d i n g S e c t i o n 319 G r a n t s to Indian T r i b e s in F Y 2002" received on J a n u a r y 18, 2002: to the C o m m i t t e e on Env i r o n m e n t and P u b l i c W o r k s . EC-5203. A c o m m u n i c a t i o n f r o m the P r i n cipal D e p u t y A s s o c i a t e A d m i n i s t r a t o r of the Environmental Protection Agency, transmitting, pursuant to law, the r e p o r t of a rule ent i t l e d " A p p r o v a l and P r o m u l g a t i o n of I m p l e m e n t a t i o n Plans; N e w Jersey Reasonable F u r t h e r P r o g r e s s Plans, T r a n s p o r t a t i o n Conf o r m i t y Budgets and 1-Hour Ozone A t t a i n ment Demonstrations State Implementation P l a n s " ( F R L 7 1 3 2 ^ i received on Januax-y 18. 2002; to the C o m m i t t e e on E n v i r o n m e n t and P u b l i c Works. January 25, 2002 NOMINATIONS DISCHARGED Pursuant to a unanimous consent agreement of January 25, 2002, the Committee on Finance was discharged of the following nominations: DEPARTMENT OF THE TREASURY Edward K i n g m a n . Jr., of M a r y l a n d , t o be an A s s i s t a n t S e c r e t a r y of the T r e a s u r y . Edward K i n g m a n . Jr., of M a r y l a n d , t o be Chief F i n a n c i a l O f f i c e r , D e p a r t m e n t of the Treasury. Pursuant to a unanimous consent agreement of January 25, 2002, the Committee on Health, Labor, and Pensions was discharged of the following nominations: DEPARTMENT OF LABOR Samuel T . M o k . of M a r y l a n d , to be Chief F i n a n c i a l O f f i c e r , D e p a r t m e n t of L a b o r . J a c k M a r t i n , of M i c h i g a n , t o be Chief F i nancial O f f i c e r , D e p a r t m e n t of Education. DEPARTMENT OF HEALTH AND HUMAN SERVICES E v e Slater, of N e w Jersey, to be an Assistant S e c r e t a r y of H e a l t h and Human Services. EXECUTIVE OFFICE OF THE PRESIDENT A n d r e a G. B a r t h w e l l , of I l l i n o i s , to be Depu t y D i r e c t o r f o r Demand R e d u c t i o n , O f f i c e of N a t i o n a l Drug Control P o l i c y . The following bills and joint resolutions were introduced, read the first and second times by unanimous consent, and referred as indicated: By Mr. M C C O N N E L L : S. 1898. A bill t o establish the Green R i v e r N a t i o n a l W i l d l i f e R e f u g e in the S t a t e of Kent u c k y ; to the C o m m i t t e e on E n v i r o n m e n t and P u b l i c Works. ADDITIONAL COSPONSORS S. 666 request of Ms. SNOWE, the name of the Senator from Connecticut (Mr. DODD) was added as a cosponsor of S. 666. a bill to amend the Internal Revenue Code of 1986 to allow the use of completed contract method of accounting in the case of certain longterm naval vessel construction contracts. S. 1209 At t h e r e q u e s t of M r . BINGAMAN, S. 1280 A t the request of M r . CLELAND. the name of the Senator from Louisiana (Ms. LANDRIEU) was added as a cosponsor of S. 1280. a bill to authorize the Secretary of Veterans Affairs to carry out construction projects for the purpose of improving, renovating, and updating patient care facilities at Department of Veterans Affairs medical centers. At the request S. 1476 of Mr. CLELAND. S. 1605 the request of Mr. CONRAD, the names of the Senator from Georgia (Mr. CLELAND), the Senator from New Jersey (Mr. CORZINE). and the Senator from Wisconsin (Mr. KOHL) were added as cosponsors of S. 1209. a bill to amend the Trade Act of 1974 to consolidate and improve the trade adjustment as- the name of the Senator from Nevada (Mr. REID) was added as a cosponsor of S. 1605, a bill to amend title X V I I I of the Social Security Act to provide for payment under the Medicare Program for four hemodialysis treatments per week for certain patients, to provide for an increased update in the composite payment rate for dialysis treatments, and for other purposes. the names of the Senator from Idaho (Mr. CRAIG) and the Senator from Georgia (Mr. MILLER) were added as cosponsors of S. 1644. a bill to further the protection and recognition of veterans' memorials, and for other purposes. At the request S. 1707 of M r . ALLARD, his name was added as a cosponsor of S. 1707, a bill to amend title X V I I I 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. RES. 182 A t t h e r e q u e s t of M r s . FEINSTEIN, t h e name of the Senator from New Jersey (Mr. CORZINE) was added as a cosponsor of S. Res. 182. a resolution expressing the sense of the Senate that the United States should allocate significantly more resources to combat global poverty. S. CON. RES. 9-1 At the request of Mr. WYDEN, expressing the sense of Congress that public awareness and education about the importance of health care coverage is of the utmost priority ancl that a National Importance of Health Care Coverage Month should be established to promote that awareness and education, AMENDMENT NO. 2705 At the request of Mr. S M I T H of Oregon. the names of the Senator from Maine (Ms. COLLINS), the Senator from Colorado (Mr. ALLARD) and the Senator from Kansas (Mr. BROWNBACK) were added as cosponsors of amendment No. 2705 . the names of the Senator from Virginia (Mr. WARNER) and the Senator from Illinois (Mr. DURBIN) were added as cosponsors of S. 1476, a bill to authorize the President to award a gold medal on behalf of the Congress to Reverend Doctor Martin Luther King, Jr. (posthumously) and his widow Coretta Scott King in recognition of their contributions to the Nation on behalf of the civil rights movement. S. 1611 A t t h e r e q u e s t of M r . CAMPBELL, INTRODUCTION OF B I L L S AND JOINT RESOLUTIONS the sistance programs, to provide community-based economic development assistance for trade-affected communities, and for other purposes. At DEPARTMENT OF EDUCATION At 249 CONGRESSIONAL RECORD—SENATE EC-5204. A c o m m u n i c a t i o n f r o m the P r i n cipal D e p u t y A s s o c i a t e A d m i n i s t r a t o r of the Environmental Protection Agency, transmitting', pursuant to law, the r e p o r t of a rule ent i t l e d " E n d a n g e r e d and T h r e a t e n e d W i l d l i f e and P l a n t s ; Endangered S t a t u s for Carex lutea (Golden S e d g e ) " (RIN1018-AF68) received on January 23 , 2002: t o the C o m m i t t e e on E n v i r o n m e n t and P u b l i c W o r k s . the name of the Senator from Oregon (Mr. S M I T H ) was added as a cosponsor of S . Con. Res. 94, a concurrent resolution S T A T E M E N T S ON INTRODUCED B I L L S AND JOINT RESOLUTIONS By Mr. McCONNELL: S. 1898. A bill to establish the Green River National Wildlife Refuge in the State of Kentucky: to the Committee on Environment and Public Works. Mr. McCONNELL. Mr. President, I rise today to introduce the Green River National Wildlife Refuge Act of 2002. Seven years ago Kentucky was the only State in the Nation that did not have its own national wildlife refuge. I was proud to remedy this problem by helping enact legislation to establish the Clarks River National Wildlife Refuge in Marshall County, KY. Nearly half of the targeted 18.000 acres have been acquired for this refuge, all from willing sellers. And this spring, the refuge headquarters building will be completed. Given the success and progress of the Clarks River refuge. I am proud to partner with the efforts of the United States Fish and Wildlife Service to establish Kentucky's second national wildlife refuge on approximately 23.000 acres in Henderson County along the confluence of the Green River and the Ohio River. This targeted refuge area will provide a diverse array of conservation. recreation, and environmental education opportunities for everyone from tourists to wildlife enthusiasts to local school groups. The proposed refuge site in the Green River bottoms area was once part of a large bottomland hardwood forest. Although this wetland area has largely been replaced by agriculture, it serves as a popular spot for a variety of waterfowl and migratory birds, especially when desirable water levels occur. In fact, on February 1. 1999, more than 10,000 ducks and 8.000 geese were recorded as visitors to the Green River area. The site also is home to several endangered or threatened species, such as the fanshell, Indiana bat maternity colonies, the copperbelly snake, and a number of different mussels. Establishing a refuge in this area offers a valuable opportunity to restore hardwood forest to the Green River bottoms area, which will, in turn, help provide a safe and fruitful habitat for migratory 250 CONGRESSIONAL RECORD—SENATE birds and wildlife and help stop the erosion that threatens to change the course of the Ohio River. Outdoor recreationalists, including hunters, fishermen, birdwatchers, nature photographers, will enjoy many benefits from the protection and restoration of a diverse and thriving wildlife habitat. Indeed, the proposed refuge area already hosts a large population of white-tailed deer, gray squirrel, catfish, and carp, which will provide exceptional hunting and fishing opportunities. The U.S. Pish and Wildlife Service already has taken significant steps to make the Green River National Wildlife Refuge a reality. I think it is important, however, to ensure that any land acquired for this refuge is obtained only from willing sellers, just as is the case with Clarks River National Wildlife Refuge. Although I understand that the U.S. Fish and Wildlife Service has no plans to condemn private property for the refuge, I believe that the landowners in Henderson County deserve a legislative guarantee to assure that the Refuge will not infringe upon their rights as private property owners. My legislation would provide that guarantee. I look forward to partnering with the U.S. Fish and Wildlife Service to bring this project to fruition, and I ask unanimous consent that a copy of this bill, be printed in the R E C O R D . There being no objection, the bill was ordered to be printed in the RECORD, as follows: S. 1898 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. T h i s A c t m a y be c i t e d as the " G r e e n R i v e r N a t i o n a l W i l d l i f e R e f u g e A c t of 2002". SEC. 2. FINDINGS. Congress finds t h a t — (1) the Green R i v e r b o t t o m s area, K e n t u c k y , was once p a r t of a l a r g e b o t t o m l a n d hardwood f o r e s t ; (2) m o s t of the b o t t o m s area has been conv e r t e d to a g r i c u l t u r a l use t h r o u g h — ( A ) d r a i n i n g of w e t l a n d ; ( B ) a l t e r i n g of i n t e r i o r d r a i n a g e systems; and ( C ) c l e a r i n g of b o t t o m l a n d h a r d w o o d f o r est; (3) as of the d a t e of e n a c t m e n t of this A c t , the b o t t o m s area is p r e d o m i n a n t l y r i d g e and swale f a r m l a n d , w i t h r i v e r - s c a r oxbows, several sloughs, w e t depression areas, and a s m a l l q u a n t i t y of b o t t o m l a n d hardwood forest; (4) a p p r o x i m a t e l y 1,200 acres of b o t t o m l a n d hardwood f o r e s t r e m a i n , c o n s i s t i n g m o s t l y of cypress, w i l l o w , h a c k b e r r y , s i l v e r maple, ash, and buttonbush; (5) m a n y of the i n t e r i o r d r a i n a g e s y s t e m s on the land o f f e r e x c e l l e n t o p p o r t u n i t i e s t o restore, w i t h m i n o r m o d i f i c a t i o n s , the hist o r i c a l h y d r o l o g y , w e t l a n d , and b o t t o m l a n d hardwood f o r e s t of the b o t t o m s area t o highq u a l i t y w i l d l i f e habitats; (6) in the b o t t o m s area, w a t e r f o w l occur in l a r g e numbers when s u f f i c i e n t w a t e r l e v e l s occur, p r i m a r i l y when f l o o d c o n d i t i o n s f r o m the Ohio R i v e r and the Green R i v e r n e g a t e the e x t e n s i v e drainages and a l t e r a t i o n s made by m a n ; (7) the wooded and shrub t r a c t s of the bott o m s area are used by m a n y species of n o n g a m e n e o t r o p i c a l m i g r a t o r y birds; (8) m i g r a t o r y shorebirds use the b o t t o m s area during spring m i g r a t i o n s ; (9) w a d i n g birds such as snipe, g r e a t blue heron, green heron, c o m m o n e g r e t , and g r e a t e g r e t f r e q u e n t the b o t t o m s area; (10) bald e a g l e s and m y r i a d o t h e r raptors f r e q u e n t the b o t t o m s area: (11) several species listed as endangered or t h r e a t e n e d species under the Endangered Species A c t of 1973 (16 U.S.C. 1531 e t seq.) h a v e been found near the b o t t o m s area, including Indiana b a t m a t e r n i t y colonies, fanshell, pink m u c k e t p e a r l y mussel, and f a t pocketbook; (12) s e v e r a l species of mussel listed as endangered or t h r e a t e n e d species under t h a t A c t h i s t o r i c a l l y occurred near the b o t t o m s area, i n c l u d i n g purple c a t ' s paw p e a r l y mussel, tubercled-blossom p e a r l y mussel, ring pink, and w h i t e w a r t y b a c k p e a r l y mussel; (13) the c o p p e r b e l l y w a t e r snake, covered by the Copperbelly W a t e r S n a k e Conservat i o n P l a n , is found in the w e t l a n d c o m p l e x and buttonbush shrub in the S c u f f l e t o w n area; (14) s i g n i f i c a n t p o p u l a t i o n s of r e s i d e n t g a m e species, including w h i t e - t a i l e d deer, s w a m p rabbit, c o t t o n t a i l rabbit, g r a y squirrel, m i n k , m u s k r a t , beaver, fox, and c o y o t e , occur in the b o t t o m s area; (15) the Ohio R i v e r and the Green R i v e r are i m p o r t a n t h a b i t a t f o r big r i v e r species such as paddlefish, sturgeon, catfish, carp, buffalo, and gar; (16) c o n s e r v a t i o n , e n h a n c e m e n t , and ecol o g i c a l r e s t o r a t i o n of the b o t t o m s area t h r o u g h inclusion in the N a t i o n a l W i l d l i f e R e f u g e S y s t e m would h e l p m e e t the h a b i t a t conservation goals of— ( A ) the N o r t h A m e r i c a n W a t e r f o w l Management Plan; ( B ) the L o w e r Mississippi J o i n t V e n t u r e ; ( C ) the I n t e r i o r L o w P l a t e a u s Bird Cons e r v a t i o n P l a n ; and ( D ) the C o p p e r b e l l y W a t e r S n a k e Conservation Plan; (17) the v a l u a b l e c o m p l e x of w e t l a n d habit a t s c o m p r i s i n g the b o t t o m s area, w i t h its m a n y f o r m s of w i l d l i f e , has e x t r e m e l y h i g h r e c r e a t i o n a l v a l u e f o r hunters, anglers, birdwatchers, n a t u r e photographers, and others; and (18) the Green R i v e r b o t t o m s area is des e r v i n g of inclusion in the N a t i o n a l W i l d l i f e Refuge System. SEC. 3. PURPOSE. T h e purpose of this A c t is to establish the Green R i v e r N a t i o n a l W i l d l i f e R e f u g e in the Green R i v e r b o t t o m s area, Henderson County, Kentucky, to provide— (1) h a b i t a t f o r m i g r a t i n g and w i n t e r i n g waterfowl; (2) h a b i t a t f o r n o n g a m e land birds; (3) h a b i t a t s f o r a natural d i v e r s i t y of fish and w i l d l i f e ; (4) n e s t i n g h a b i t a t f o r wood ducks and other locally nesting m i g r a t o r y waterfowl; (5) h i g h - q u a l i t y h u n t i n g and s p o r t f i s h i n g o p p o r t u n i t i e s ; and (6) o p p o r t u n i t i e s f o r e n v i r o n m e n t a l educ a t i o n , i n t e r p r e t a t i o n , and w i l d l i f e - o r i e n t e d recreation. SEC. 4. DEFINITIONS. In this A c t : (1) REFUGE.—The t e r m " R e f u g e " means the Green R i v e r N a t i o n a l W i l d l i f e R e f u g e established under section 5. January 25, 2002 (2) SECRETARY.—The term "Secretary" m e a n s the S e c r e t a r y of the I n t e r i o r . SEC. 5. ESTABLISHMENT. (a) ESTABLISHMENT.— (1) IN GENERAL.—The S e c r e t a r y shall establish the Green R i v e r N a t i o n a l W i l d l i f e R e f uge, consisting" of a p p r o x i m a t e l y 23,000 acres of F e d e r a l land, w a t e r , and i n t e r e s t s in land or w a t e r w i t h i n the boundaries depicted on the map e n t i t l e d " G r e e n R i v e r N a t i o n a l W i l d l i f e R e f u g e " , dated S e p t e m b e r 10, 2001. (2) BOUNDARY REVISIONS.—The shall m a k e such m i n o r boundaries of the R e f u g e t o c a r r y out the purposes f a c i l i t a t e the a c q u i s i t i o n interests in land or w a t e r (3) AVAILABILITY OF Secretary r e v i s i o n s of the as are appropriate of the R e f u g e or to of land, w a t e r , and w i t h i n the R e f u g e . MAR.—The map re- ferred t o in paragraph (1) shall be a v a i l a b l e f o r inspection in appropriate o f f i c e s of the U n i t e d S t a t e s Fish and W i l d l i f e S e r v i c e . ( b ) EFFECTIVE D A T E . — T h e e s t a b l i s h m e n t o f the R e f u g e shall t a k e e f f e c t on the date on w h i c h the S e c r e t a r y publishes, in the Federal R e g i s t e r and publications of l o c a l circ u l a t i o n in the v i c i n i t y of the R e f u g e , a not i c e t h a t s u f f i c i e n t p r o p e r t y has been acquired by the U n i t e d S t a t e s w i t h i n the R e f uge to c o n s t i t u t e an area t h a t can be e f f i c i e n t l y m a n a g e d as a n a t i o n a l w i l d l i f e refuge. SEC. 6. ACQUISITION OF LAND, WATER, AND INTERESTS IN LAND OR WATER ( a ) IN GENERAL.—Subject to the a v a i l a b i l i t y of a p p r o p r i a t i o n s , the S e c r e t a r y m a y obtain by purchase f r o m w i l l i n g sellers, donation, or e x c h a n g e up t o 23,000 acres of land and w a t e r , or i n t e r e s t s in land or water, w i t h i n the boundaries of the R e f u g e described in section 5(a)(1). (b) INCLUSION IN REFUGE.—Any land, w a t e r , or i n t e r e s t acquired by the S e c r e t a r y under this section shall be part of the R e f u g e . SEC. 7. ADMINISTRATION. In administering' the R e f u g e , the S e c r e t a r y shall— (1) conserve, enhance, and restore the nat i v e a q u a t i c and t e r r e s t r i a l c o m m u n i t y chara c t e r i s t i c s of the Green R i v e r ( i n c l u d i n g associated fish, w i l d l i f e , and plant species); (2) conserve, enhance, and restore h a b i t a t t o m a i n t a i n and assist in the r e c o v e r y of species of a n i m a l s and plants t h a t are listed as endangered species or t h r e a t e n e d species under the Endangered Species A c t of 1973 (16 U.S.C. 1531 e t seq.); (3) in p r o v i d i n g o p p o r t u n i t i e s f o r c o m p a t ible fish- and w i l d l i f e - o r i e n t e d r e c r e a t i o n , ensure t h a t hunting, f i s h i n g , w i l d l i f e observ a t i o n and p h o t o g r a p h y , and e n v i r o n m e n t a l education and i n t e r p r e t a t i o n a r e the p r i o r i t y g e n e r a l public uses of the R e f u g e , in accordance w i t h paragraphs (3) and (4) of section 4(a) of the N a t i o n a l W i l d l i f e R e f u g e S y s t e m Administration Act of 1966 (16 U.S.C. 668dd(a)); and (4) encourage the use of v o l u n t e e r s and facilitate partnerships a m o n g the United S t a t e s F i s h and W i l d l i f e S e r v i c e , local comm u n i t i e s . c o n s e r v a t i o n o r g a n i z a t i o n s , and other non-Federal entities to promote— ( A ) public awareness of the resources of the R e f u g e and the N a t i o n a l W i l d l i f e R e f u g e System; and ( B ) public p a r t i c i p a t i o n in the conservat i o n of those resources. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. T h e r e are authorized to be a p p r o p r i a t e d such sums as are necessary f o r — (1) the a c q u i s i t i o n of land and w a t e r w i t h i n the boundaries of the R e f u g e ; and (2) the d e v e l o p m e n t , o p e r a t i o n , and maintenance of the R e f u g e . January 25, 2002 AMENDMENTS SUBMITTED AND PROPOSED S A 2709. Mrs. L I N C O L N s u b m i t t e d an a m e n d m e n t intended to be proposed to amendment SA 2698 s u b m i t t e d by Mr. DASCHLE and intended to be proposed to the bill (H.R. 622) to amend the I n t e r n a l R e v e n u e Code of 1986 to expand the a d o p t i o n c r e d i t , and f o r o t h e r purposes: w h i c h was ordered to lie on the table. S A 2710. Mrs. L I N C O L N s u b m i t t e d an a m e n d m e n t intended to be proposed by her to the bill H . R . 622. supra: w h i c h was ordered to lie on the t a b l e . S A 2711. Mrs. L I N C O L N s u b m i t t e d an a m e n d m e n t intended to be proposed by her to the bill H . R . 622. supra: w h i c h was ordered to l i e on the table. S A 2712. Mrs. L I N C O L N s u b m i t t e d an a m e n d m e n t intended to be proposed by her t o the bill H . R . 622, supra: w h i c h was ordered t o lie on the table. SA 2713. M r . DASCHLE (for Mr. KENNEDY) s u b m i t t e d an a m e n d m e n t intended to be proposed by Mr. DASCHLE t o the b i l l H . R . 622. supra: w h i c h was ordered t o l i e on the t a b l e . SA 2714. Mr. WELLSTONE. DURBIN Mr. DAYTON, (for Ms. himself. LANDKIEU. Mr. and Mrs. LINCOLN) proposed an a m e n d m e n t to amendment SA 2698 s u b m i t t e d by Mr. DASCHLE and intended to be proposed to the bill ( H . R . 622) supra. SA 2715. Mr. L O T T (for Mr. INHOFE) sub- m i t t e d an a m e n d m e n t intended t o be proposed by Mr. LOTT to the bill H.R. 622. supra: which was ordered t o l i e on the table. S A 2716. M r . S M I T H , of O r e g o n ( f o r h i m s e l f and M r . ALLEN) s u b m i t t e d an a m e n d m e n t Intended t o be proposed by h i m to the bill H . R . 622, supra; w h i c h was ordered to l i e on the table. SA 2717. himself, Mr. Ms. NICKLES COLLINS, (for Mr. Mr. ENZI, and Mr. NICKLES)) proposed an t o the b i l l H . R . 622, supra. SA 2718. Mr. REID (for Mr. BOND Mr. (for ALLEN, amendment BAUCUS (for himself. Mr. TORRICELLI. and Mr. BAYHI) pro- posed an a m e n d m e n t t o a m e n d m e n t S A 2698 s u b m i t t e d by M r . DASCHLE and intended t o be proposed to the bill ( H . R . 622) supra. SA 2719. Mr. REID (for Mr. HARKIN) pro- posed an a m e n d m e n t t o a m e n d m e n t S A 2698 s u b m i t t e d by M r . DASCHLE and intended to be proposed t o the bill (H.R. 622) supra. S A 2720. Mrs. L I N C O L N s u b m i t t e d an a m e n d m e n t intended to be proposed by her t o the bill H . R . 622, supra; w h i c h was ordered t o lie on the table. SA 2721. Mr. REID (for 251 CONGRESSIONAL RECORD—SENATE Mr. BAUCUS) pro- posed an a m e n d m e n t t o a m e n d m e n t S A 2698 s u b m i t t e d by M r . DASCHLE and intended to be proposed to the bill ( H . R . 622) supra. S A 2722. M r . A L L A R D ( f o r h i m s e l f , Mr. HATCH, and M r . A L L E N ) s u b m i t t e d an amendm e n t intended to be proposed by h i m to the b i l l H . R . 622, supra; w h i c h was ordered t o l i e on the t a b l e . On page 9. b e t w e e n lines 22 and 23. insert: " ( V ) w h i c h is q u a l i f i e d r e t a i l i m p r o v e m e n t property, On page 15, line 7, s t r i k e the end q u o t a t i o n m a r k s and the second period. On page 15. a f t e r line 7, insert: "(4) QUALIFIED On page 9, line 20, s t r i k e " o r " . On page 9, line 22, s t r i k e the c o m m a and insert " , o r " . IMPROVEMENT PROP- "(B) CERTAIN IMPROVEMENTS NOT IN- CLUDED.—The t e r m ' q u a l i f i e d r e t a i l i m p r o v e m e n t ' does n o t include any i m p r o v e m e n t of a t y p e described in clauses ( i ) t h r o u g h ( i v ) of subsection ( k ) ( 3 ) ( B ) . "(C) QUALIFIED RETAIL BUSINESS.—For pur- poses of this p a r a g r a p h — " ( i ) IN GENERAL.—The t e r m ' q u a l i f i e d ret a i l business' means a trade or business of s e l l i n g t a n g i b l e personal p r o p e r t y to the general public. "(ii) TREATMENT TANGIBLE OF PROPERTY CERTAIN OR SALES SALES.—Any OF sale INof i n t a n g i b l e p r o p e r t y or s e r v i c e s shall be considered a sale of t a n g i b l e p r o p e r t y if such sale is i n c i d e n t a l to the sale of t a n g i b l e prope r t y . A t r a d e or business shall n o t f a i l t o be t r e a t e d as a q u a l i f i e d r e t a i l business by reason of sales of i n t a n g i b l e p r o p e r t y or services if such sales ( o t h e r than sales t h a t are i n c i d e n t a l to the sale of t a n g i b l e personal prope r t y ) r e p r e s e n t less than 10 p e r c e n t of the t o t a l sales of the trade or business a t the location.". FOR C E R T A I N U S E S . — N O tax (d) EFFECTIVE DATE.—The amendments made by t h i s s e c t i o n shall a p p l y to f u e l use or a i r t r a n s p o r t a t i o n a f t e r D e c e m b e r 31, 2001. and b e f o r e J a n u a r y 1, 2003. SA 2711. Mrs. LINCOLN submitted an amendment intended to be proposed by her to the bill H.R. 622, to amend the Internal Revenue Code of 1986 to expand the adoption credit, and for other purposes; which was ordered to lie on the table; as follows: A t the end. add the f o l l o w i n g : SEC. . RECOVERY PERIOD FOR CERTAIN WIRELESS TELECOMMUNICATIONS EQUIPMENT. (a) 5-YEAR WIRELESS RECOVERY PERIOD FOR CERTAIN TELECOMMUNICATIONS EQUIP- MENT.— SA 2710. Mrs. LINCOLN submitted an amendment intended to be proposed by her to the bill H.R. 622, to amend the Internal Revenue Code of .1986 to expand the adoption credit, and for other purposes; which was ordered to lie on the table; as follows: A t the end. add the following': SEC. . CLARIFICATION OF EXCISE TAX EXEMPTIONS FOR AGRICULTURAL AERIAL APPLICATORS. ( a ) N o W A I V E R BY F A R M O W N E R , T E N A N T , OPERATOR NECESSARY.—Subparagraph (B) OR of s e c t i o n 6420(c)(4) ( r e l a t i n g t o c e r t a i n f a r m i n g use o t h e r t h a n by o w n e r , e t c . ) is a m e n d e d to read as f o l l o w s : " ( B ) if the person so using the g a s o l i n e is an a e r i a l or o t h e r a p p l i c a t o r of f e r t i l i z e r s or o t h e r substances and is the u l t i m a t e purchaser of the g a s o l i n e , then subparagraph ( A ) of this p a r a g r a p h shall n o t a p p l y and the a e r i a l or o t h e r a p p l i c a t o r shall be t r e a t e d as h a v i n g used such g a s o l i n e on a f a r m f o r farming' purposes.". (b) EXEMPTION TWEEN T E X T OF AMENDMENTS SA 2709. Mrs. LINCOLN submitted an amendment intended to be proposed to amendment SA 2698 submitted by Mr. D A S C H L E and intended to be proposed to the bill (H.R. 622) to amend the Internal Revenue Code of 1986 to expand the adoption credit, and for other purposes; which was ordered to lie on the table; as follows: RETAIL ERTY.—For purposes of this subsection— " ( A ) IN GENERAL.—The t e r m - q u a l i f i e d retail i m p r o v e m e n t property' means any imp r o v e m e n t to an i n t e r i o r p o r t i o n of a building w h i c h is p r i m a r i l y used or held f o r use in a q u a l i f i e d r e t a i l business a t the l o c a t i o n of such i m p r o v e m e n t , but o n l y if such i m p r o v e m e n t is placed in s e r v i c e m o r e than 3 y e a r s a f t e r the date the b u i l d i n g was f i r s t placed in service. " ( f ) EXEMPTION shall be imposed under subsection ( a ) or ( b ) on a i r t r a n s p o r t a t i o n — " ( 1 ) by h e l i c o p t e r f o r the purpose of transporting' i n d i v i d u a l s , e q u i p m e n t , or supplies in the e x p l o r a t i o n f o r , or the d e v e l o p m e n t or r e m o v a l of. hard m i n e r a l s , oil. or gas. or " ( 2 ) by h e l i c o p t e r or by f i x e d - w i n g a i r c r a f t f o r the purpose of the p l a n t i n g , c u l t i v a t i o n , c u t t i n g , or t r a n s p o r t a t i o n of, or c a r i n g for, trees ( i n c l u d i n g l o g g i n g o p e r a t i o n s ) , but o n l y if the h e l i c o p t e r or f i x e d - w i n g airc r a f t does n o t t a k e o f f f r o m , or land at. a fac i l i t y e l i g i b l e f o r assistance under the A i r p o r t and A i r w a y D e v e l o p m e n t A c t of 1970, or o t h e r w i s e use s e r v i c e s p r o v i d e d pursuant to section 44509 or 44913(b) or subchapter I of c h a p t e r 471 of t i t l e 49, U n i t e d S t a t e s Code, during such use. In the case of h e l i c o p t e r t r a n s p o r t a t i o n described in p a r a g r a p h (1). this subsection shall be applied by t r e a t i n g each flight segment; as a d i s t i n c t flight,.". INCLUDES AIRFIELD AND FUEL USED BE- FARM.—Section 6420(c)(4), as amended by subsection (a), is a m e n d e d by adding a t the end the f o l l o w i n g new flush sentence: " F o r purposes of this paragraph, in the case of an a e r i a l a p p l i c a t o r , g a s o l i n e shall be t r e a t e d as used on a f a r m f o r f a r m i n g purposes if the g a s o l i n e is used f o r the d i r e c t f l i g h t b e t w e e n the a i r f i e l d and 1 or m o r e farms.". ( c ) E X E M P T I O N F R O M T A X ON A I R T A T I O N OF P E R S O N S EXTENDED TO FOR F O R E S T R Y FIXED-WING TRANSPORPURPOSES AIRCRAFT.—Sub- s e c t i o n ( f ) of s e c t i o n 4261 ( r e l a t i n g to t a x on air t r a n s p o r t a t i o n of persons) is a m e n d e d t o read as f o l l o w s : (1) IN GENERAL.—Subparagraph ' A ) of section 168(i)(2) ( d e f i n i n g q u a l i f i e d technol o g i c a l e q u i p m e n t ) is amended by s t r i k i n g " a n d " a t the end of clause ( i i ) , by s t r i k i n g the period a t the end of clause ( i i i ) and ins e r t i n g " , a n d " , and by adding a t the end the following: "(iv) any equipment,.". (2) wireless DEFINITION OF telecommunication WIRELESS TELECOMMUNI- CATION E Q U I P M E N T . — P a r a g r a p h ( 2 ) o f section 168(i) is a m e n d e d by adding a t the end the following: "(D) WIRELESS TELECOMMUNICATION EQUIP- MENT.— " ( i ) IN GENERAL.—For purposes of this paragraph— " ( I ) IN GENERAL.—The t e r m ' w i r e l e s s telecommunication equipment' means equipm e n t w h i c h is used in the t r a n s m i s s i o n , rec e p t i o n . c o o r d i n a t i o n , or s w i t c h i n g of wireless t e l e c o m m u n i c a t i o n s s e r v i c e . " ( I I ) EXCEPTION.—The t e r m -wireless telec o m m u n i c a t i o n e q u i p m e n t ' shall n o t include towers, buildings, T - l lines, or o t h e r c a b l i n g which connects cell sites to mobile switching centers. "(ii) WIRELESS TELECOMMUNICATIONS SERV- ICE.—For purposes of clause ( i ) . the t e r m 'wireless telecommunications service' includes a n y c o m m e r c i a l m o b i l e r a d i o s e r v i c e as defined in t i t l e 47 of the Code of F e d e r a l Regulations.". (b) EFFECTIVE DATE.—The amendments m a d e by this s e c t i o n shall a p p l y t o p r o p e r t y placed in s e r v i c e a f t e r S e p t e m b e r 10. 2001. SA 2712. Mrs. LINCOLN submitted an amendment intended to be proposed by her to the bill H.R. 622, to amend the Internal Revenue Code of 1986 to expand the adoption credit, and for other 252 purposes; which was ordered to lie on the table; as follows: A t the a p p r o p r i a t e place, i n s e r t the f o l lowing: SEC. , DELAY IN MEDICAID UPL CHANGES FOR NON-STATE GOVERNMENTOWNED OR OPERATED HOSPITALS. (a) CONGRESSIONAL FINDINGS.—Congress finds the f o l l o w i n g : (1) T h e S e c r e t a r y of H e a l t h and H u m a n S e r v i c e s , in r e g u l a t i o n s p r o m u l g a t e d on Janu a r y 12. 2001, p r o v i d e d f o r an e x c e p t i o n to the upper l i m i t s on p a y m e n t under S t a t e medicaid plans so to p e r m i t p a y m e n t to c i t y and c o u n t y public h o s p i t a l s a t a r a t e up t o 150 p e r c e n t of the m e d i c a r e p a y m e n t rate. (2) T h e S e c r e t a r y j u s t i f i e d this e x c e p t i o n because these h o s p i t a l s — ( A ) p r o v i d e access t o a w i d e r a n g e of needed care n o t o f t e n o t h e r w i s e a v a i l a b l e in underserved areas; ( B ) d e l i v e r a s i g n i f i c a n t p r o p o r t i o n of uncompensated care; and ( C ) are c r i t i c a l l y dependent on public f i nancing sources, such as the m e d i c a i d program. (3) T h e r e has been no e v i d e n c e presented t o Congress t h a t has changed this j u s t i f i c a t i o n f o r such e x c e p t i o n . (b) MORATORIUM ON U P L CHANGES.—Any change in the upper l i m i t s on p a y m e n t under t i t l e X I X of the S o c i a l S e c u r i t y A c t f o r services of n o n - S t a t e g o v e r n m e n t - o w n e d or opera t e d hospitals, w h e t h e r based on the f i n a l rule published on J a n u a r y 18, 2002, or o t h e r wise, m a y not be e f f e c t i v e b e f o r e the l a t e r of J a n u a r y 1, 2003, or 3 m o n t h s a f t e r the submission to Congress of the plan described in subsection (c). (c) January 25, 2002 CONGRESSIONAL RECORD—SENATE MITIGATION PLAN.—The Secretary of H e a l t h and H u m a n S e r v i c e s shall submit to Congress a r e p o r t t h a t c o n t a i n s a plan f o r m i t i g a t i n g the loss of f u n d i n g to n o n - S t a t e g o v e r n m e n t - o w n e d or o p e r a t e d h o s p i t a l s as a result of a n y c h a n g e in the upper l i m i t s on p a y m e n t r e f e r r e d to in subsection (b). Such r e p o r t shall also include such r e c o m m e n d a tions f o r l e g i s l a t i v e a c t i o n as the S e c r e t a r y deems a p p r o p r i a t e . SA 2713. Mr. DASCHLE (for Mr. KENNEDY) submitted an amendment intended to be proposed by Mr. D A S C H L E to the bill H.R. 622, to amend the Internal Revenue Code of 1986 to expand the adoption credit, and for other purposes; which was ordered to lie on the table; as follows: S t r i k e t i t l e I V and i n s e r t the f o l l o w i n g : TITLE IV—TEMPORARY E N H A N C E D UNEMPLOYMENT BENEFITS SEC. 401. SHORT TITLE. T h i s t i t l e m a y be c i t e d as the " T e m p o r a r y U n e m p l o y m e n t C o m p e n s a t i o n A c t of 2002". SEC. 402. FEDERAL-STATE AGREEMENTS. ( a ) IN GENERAL.—Any S t a t e w h i c h desires to do so m a y e n t e r i n t o and p a r t i c i p a t e in an a g r e e m e n t under this t i t l e w i t h the Secr e t a r y of L a b o r ( i n this t i t l e r e f e r r e d to as the " S e c r e t a r y " ) . A n y S t a t e w h i c h is a p a r t y to an a g r e e m e n t under this t i t l e m a y , upon p r o v i d i n g 30 d a y s ' w r i t t e n n o t i c e to the Secr e t a r y , t e r m i n a t e such a g r e e m e n t . ( b ) P R O V I S I O N S OF AGREEMENT.— (1) IN GENERAL.—Any a g r e e m e n t under subsection ( a ) shall p r o v i d e t h a t the S t a t e agency of the S t a t e w i l l m a k e — ( A ) p a y m e n t s of t e m p o r a r y enhanced une m p l o y m e n t c o m p e n s a t i o n t o individuals; and ( B ) p a y m e n t s of t e m p o r a r y s u p p l e m e n t a l unemployment compensation to individuals who— (i) have— (1) exhausted a l l r i g h t s to r e g u l a r compensation under the S t a t e l a w (or, as the case m a y be, a l l r i g h t s t o t e m p o r a r y enhanced u n e m p l o y m e n t c o m p e n s a t i o n ) ; or ( I I ) r e c e i v e d 26 w e e k s of r e g u l a r compensat i o n under the S t a t e l a w (or, as the case m a y be, 26 w e e k s of t e m p o r a r y enhanced unemployment compensation); ( i l ) do n o t h a v e any r i g h t s t o r e g u l a r c o m p e n s a t i o n under the S t a t e law of a n y o t h e r S t a t e (or t o t e m p o r a r y enhanced u n e m p l o y m e n t c o m p e n s a t i o n ) ; and ( i i i ) are n o t r e c e i v i n g c o m p e n s a t i o n under the u n e m p l o y m e n t c o m p e n s a t i o n law of any other country. (2) SPECIAL RULES REGARDING ENHANCED U N E M P L O Y M E N T TEMPORARY COMPENSATION.— ( A ) IN GENERAL.—Subject to subparagraphs ( B ) and (C), e l i g i b i l i t y for, and the a m o u n t of, t e m p o r a r y enhanced u n e m p l o y m e n t c o m pensation shall be d e t e r m i n e d in the same m a n n e r as e l i g i b i l i t y for, and the a m o u n t of, r e g u l a r c o m p e n s a t i o n is d e t e r m i n e d under the S t a t e law. ( B ) ELIGIBILITY FOR T E U C . — I n the case of an i n d i v i d u a l w h o is n o t e l i g i b l e f o r r e g u l a r c o m p e n s a t i o n under the S t a t e l a w because— ( i ) of the use of a d e f i n i t i o n of base period t h a t does n o t count w a g e s eai-ned in the m o s t r e c e n t l y c o m p l e t e d calendar quarter, then e l i g i b i l i t y f o r t e m p o r a r y enhanced une m p l o y m e n t c o m p e n s a t i o n under subparagraph ( A ) shall be d e t e r m i n e d by a p p l y i n g a base period e n d i n g a t the close of the calendar q u a r t e r m o s t r e c e n t l y c o m p l e t e d bef o r e the d a t e of the i n d i v i d u a l ' s a p p l i c a t i o n f o r benefits, e x c e p t t h a t this clause shall n o t a p p l y unless w a g e data f o r t h a t q u a r t e r has been r e p o r t e d to the S t a t e or supplied t o the S t a t e a g e n c y on behalf of the individual; or ( i i ) such i n d i v i d u a l does n o t m e e t requirem e n t s r e l a t i n g t o a v a i l a b i l i t y f o r w o r k , act i v e search f o r w o r k , or r e f u s a l to a c c e p t w o r k , because such i n d i v i d u a l is seeking, or is a v a i l a b l e for, o n l y p a r t - t i m e (and n o t f u l l t i m e ) w o r k , then e l i g i b i l i t y f o r t e m p o r a r y enhanced unemployment compensation under subparagraph ( A ) shall be d e t e r m i n e d w i t h o u t regard t o the f a c t t h a t such indiv i d u a l is seeking, or is a v a i l a b l e for, o n l y p a r t - t i m e (and n o t f u l l - t i m e ) w o r k , e x c e p t t h a t this clause shall n o t a p p l y unless— ( I ) the i n d i v i d u a l ' s e m p l o y m e n t on w h i c h e l i g i b i l i t y f o r the t e m p o r a r y enhanced une m p l o y m e n t c o m p e n s a t i o n is based was partt i m e e m p l o y m e n t ; or ( I I ) the i n d i v i d u a l can show g o o d cause f o r seeking, or being a v a i l a b l e for, o n l y partt i m e (and n o t f u l l - t i m e ) w o r k . ( C ) INCREASED BENEFITS.— ( 1 ) I N D I V I D U A L S E L I G I B L E FOR R E G U L A R COM- PENSATION.—In the case of an I n d i v i d u a l who is e l i g i b l e f o r r e g u l a r c o m p e n s a t i o n (including dependents' a l l o w a n c e s ) under the S t a t e l a w w i t h o u t regard t o this paragraph, the a m o u n t of t e m p o r a r y enhanced u n e m p l o y m e n t c o m p e n s a t i o n p a y a b l e t o such indiv i d u a l f o r any w e e k shall be an a m o u n t equal t o the g r e a t e r o f — ( I ) 15 p e r c e n t of the a m o u n t of such r e g u l a r c o m p e n s a t i o n p a y a b l e t o such i n d i v i d u a l f o r the w e e k ; or ( I I ) $25. ( i i ) I N D I V I D U A L S NOT E L I G I B L E FOR REGULAR C O M P E N S A T I O N B U T E L I G I B L E F O R T E U C BY REA- SON OF SUBPARAGRAPH (B>.—In the case of an i n d i v i d u a l w h o is e l i g i b l e f o r t e m p o r a r y enhanced u n e m p l o y m e n t c o m p e n s a t i o n under this paragraph by reason of e i t h e r clause ( i ) or ( i i ) of subparagraph (B), the a m o u n t of t e m p o r a r y enhanced u n e m p l o y m e n t compensation p a y a b l e t o such i n d i v i d u a l f o r any w e e k shall be equal to the a m o u n t of c o m - pensation p a y a b l e to such individual (as det e r m i n e d under subparagraph ( A ) ) f o r the w e e k , plus an a m o u n t equal to the g r e a t e r of— ( I ) 15 p e r c e n t of the amount so determined; or ( I I ) $25. ( i i i ) ROUNDING.—For purposes of determ i n i n g the a m o u n t under clause ( i x l ) or ( i i ) ( I ) , such a m o u n t shall be rounded to the d o l l a r a m o u n t specified under the S t a t e l a w . ( O NONREDUCTION B U L K . — U n d e r an agree- m e n t entered i n t o under this t i t l e , subsection ( b ) ( 2 ) ( C ) shall n o t apply (or shall cease to a p p l y ) w i t h r e s p e c t to a S t a t e upon a d e t e r m i n a t i o n by the S e c r e t a r y t h a t the m e t h o d g o v e r n i n g the c o m p u t a t i o n of regular c o m p e n s a t i o n under the S t a t e law of t h a t S t a t e has been m o d i f i e d in a w a y such t h a t the a v e r a g e w e e k l y a m o u n t of r e g u l a r c o m p e n s a t i o n w h i c h w i l l be p a y a b l e during the period of the a g r e e m e n t ( d e t e r m i n e d disr e g a r d i n g any t e m p o r a r y enhanced unemp l o y m e n t c o m p e n s a t i o n ) w i l l be less than the a v e r a g e w e e k l y a m o u n t of r e g u l a r c o m pensation w h i c h would o t h e r w i s e have been p a y a b l e during such period under the S t a t e law, as In e f f e c t on S e p t e m b e r 11, 2001. ( d ) COORDINATION RULES.— (1) R E G U L A R COMPENSATION PAYABLE UNDER A FEDERAL LAW.—Rules s i m i l a r t o the rules under subsection (b)(2) shall apply in determ i n i n g the a m o u n t of b e n e f i t s p a y a b l e under any F e d e r a l law to the e x t e n t t h a t those b e n e f i t s are d e t e r m i n e d by r e f e r e n c e t o regular c o m p e n s a t i o n p a y a b l e under the S t a t e law of the S t a t e i n v o l v e d . (2) TEMPORARY SUPPLEMENTAL UNEMPLOY- M E N T C O M P E N S A T I O N ' T O S E R V E AS S E C O N D - T I E R BENEFITS.—Notwithstanding any o t h e r p r o v i sion of law, n e i t h e r r e g u l a r c o m p e n s a t i o n , t e m p o r a r y enhanced u n e m p l o y m e n t compensation, extended c o m p e n s a t i o n , nor addit i o n a l c o m p e n s a t i o n under any F e d e r a l or S t a t e law shall be p a y a b l e to any individual f o r a n y w e e k f o r which t e m p o r a r y supplem e n t a l u n e m p l o y m e n t c o m p e n s a t i o n is payable to such individual. (3) TREATMENT OK OTHER UNEMPLOYMENT COMPENSATION.—After the date on w h i c h a S t a t e e n t e r s i n t o an a g r e e m e n t under this t i t l e , a n y regular- c o m p e n s a t i o n (or, as the case m a y be, t e m p o r a r y enhanced u n e m p l o y m e n t c o m p e n s a t i o n ) in excess of 26 weeks, a n y extended c o m p e n s a t i o n , and a n y addit i o n a l c o m p e n s a t i o n under a n y F e d e r a l or S t a t e law shall be p a y a b l e to an i n d i v i d u a l in accordance w i t h the S t a t e law a f t e r such individual has exhausted a n y r i g h t s to t e m p o r a r y s u p p l e m e n t a l u n e m p l o y m e n t compensation under the a g r e e m e n t . ( e ) EXHAUSTION OF B E N E F I T S . — F o r p u r p o s e s of subsection ( b ) ( l ) ( B ) ( i ) ( I ) , an individual shall be considered to h a v e exhausted such i n d i v i d u a l ' s r i g h t s to r e g u l a r c o m p e n s a t i o n (or, as the case m a y be, r i g h t s to t e m p o r a r y enhanced unemployment compensation) under a S t a t e law (or a g r e e m e n t under this t i t l e ) when— (1) no p a y m e n t s of r e g u l a r c o m p e n s a t i o n (or, as the case m a y be, r i g h t s to temporaryenhanced u n e m p l o y m e n t c o m p e n s a t i o n ) can be made under such law (or such a g r e e m e n t ) because the individual has r e c e i v e d all such c o m p e n s a t i o n a v a i l a b l e t o the individual based on e m p l o y m e n t or wages during the ind i v i d u a l ' s base period; or (2) the i n d i v i d u a l ' s r i g h t s to such compensation have been t e r m i n a t e d by reason of the e x p i r a t i o n of the b e n e f i t y e a r w i t h respect t o w h i c h such r i g h t s existed. (f) WEEKLY CONDITIONS, BENEFIT ETC. AMOUNT, RELATING TO TERMS AND TEMPORARY January 25, 2002 SUPPLEMENTAL UNEMPLOYMENT TION.—For purposes of any a g r e e m e n t under this t i t l e — (1) the a m o u n t of t e m p o r a r y s u p p l e m e n t a l u n e m p l o y m e n t c o m p e n s a t i o n w h i c h shall be p a y a b l e t o an i n d i v i d u a l f o r a n y w e e k of t o t a l u n e m p l o y m e n t shall be equal t o — ( A ) the a m o u n t of r e g u l a r c o m p e n s a t i o n ( i n c l u d i n g dependents' a l l o w a n c e s ) p a y a b l e to such i n d i v i d u a l under the S t a t e l a w f o r a w e e k f o r t o t a l u n e m p l o y m e n t during such i n d i v i d u a l ' s b e n e f i t y e a r ; plus ( B ) the a m o u n t of any t e m p o r a r y enhanced unemployment compensation payable to such i n d i v i d u a l f o r a w e e k f o r t o t a l unemp l o y m e n t during such i n d i v i d u a l ' s b e n e f i t year; (2) the terms and c o n d i t i o n s of the S t a t e law w h i c h a p p l y to c l a i m s f o r r e g u l a r c o m pensation and to the p a y m e n t t h e r e o f shall a p p l y to c l a i m s f o r t e m p o r a r y s u p p l e m e n t a l u n e m p l o y m e n t c o m p e n s a t i o n and the p a y ment thereof, except where inconsistent with the p r o v i s i o n s of this t i t l e or w i t h the regul a t i o n s or o p e r a t i n g i n s t r u c t i o n s of the Secr e t a r y p r o m u l g a t e d to c a r r y out this t i t l e : and (3) the m a x i m u m a m o u n t of t e m p o r a r y supplemental u n e m p l o y m e n t c o m p e n s a t i o n p a y a b l e to a n y i n d i v i d u a l f o r w h o m a t e m porary supplemental unemployment compensation a c c o u n t is established under sect i o n 403 shall n o t exceed the a m o u n t established in such a c c o u n t f o r such i n d i v i d u a l . SEC. 403. TEMPORARY SUPPLEMENTAL UNEMPLOYMENT COMPENSATION ACCOUNT. ( a ) IN GENERAL.—Any a g r e e m e n t under this t i t l e shall p r o v i d e t h a t the S t a t e w i l l establish, f o r each e l i g i b l e i n d i v i d u a l w h o f i l e s an a p p l i c a t i o n f o r t e m p o r a r y s u p p l e m e n t a l u n e m p l o y m e n t c o m p e n s a t i o n , a temporarysupplemental u n e m p l o y m e n t c o m p e n s a t i o n account. ( b ) A M O U N T IN 253 CONGRESSIONAL RECORD—SENATE COMPENSA- ACCOUNT.— (1) IN GENERAL.—The a m o u n t established in an a c c o u n t under subsection ( a ) shall be equal to the g r e a t e r o f — ( A ) 50 p e r c e n t o f — (1) the t o t a l a m o u n t of r e g u l a r compensat i o n ( i n c l u d i n g dependents' a l l o w a n c e s ) p a y able to the i n d i v i d u a l during the i n d i v i d u a l ' s b e n e f i t y e a r under such law; plus ( i i ) the a m o u n t of a n y t e m p o r a r y enhanced u n e m p l o y m e n t c o m p e n s a t i o n p a y a b l e t o the i n d i v i d u a l during the i n d i v i d u a l ' s b e n e f i t y e a r under the a g r e e m e n t : or ( B ) 13 t i m e s the i n d i v i d u a l ' s w e e k l y b e n e f i t amount. (2) W E E K L Y BENEFIT A M O U N T . — F o r purposes of paragraph (1KB), an i n d i v i d u a l ' s w e e k l y b e n e f i t a m o u n t f o r any w e e k is an a m o u n t equal t o — ( A ) the a m o u n t of r e g u l a r c o m p e n s a t i o n ( i n c l u d i n g dependents' a l l o w a n c e s ) under the S t a t e law p a y a b l e to the i n d i v i d u a l f o r such w e e k f o r t o t a l u n e m p l o y m e n t : plus ( B ) the a m o u n t of a n y t e m p o r a r y enhanced unemployment compensation under the a g r e e m e n t p a y a b l e to the i n d i v i d u a l f o r such week for total unemployment. SEC. 404. PAYMENTS TO STATES HAVING AGREEMENTS UNDER THIS TITLE. ( a ) GENERAL R U L E . — T h e r e shall be paid t o each S t a t e w h i c h has entered i n t o an a g r e e m e n t under this t i t l e an a m o u n t equal t o — (1) 100 p e r c e n t of a n y t e m p o r a r y enhanced unemployment compensation made payable to i n d i v i d u a l s by such S t a t e : (2) 100 percent of any r e g u l a r c o m p e n s a t i o n which would h a v e been t e m p o r a r y enhanced unemployment compensation under this t i t l e but f o r the f a c t t h a t its S t a t e l a w contains p r o v i s i o n s c o m p a r a b l e t o the p r o v i - sions in clauses ( i ) and ( i i ) of 402(b)(2)(B); and (3) 100 p e r c e n t of the t e m p o r a r y mental unemployment compensation i n d i v i d u a l s by the S t a t e pursuant agreement. (b) DETERMINATION OF section supplepaid to t o such AMOUNT.—Sums under subsection ( a ) p a y a b l e t o a n y S t a t e by reason of such S t a t e h a v i n g an a g r e e m e n t under this t i t l e shall be p a y a b l e , e i t h e r in a d v a n c e or by w a y of r e i m b u r s e m e n t (as m a y be d e t e r m i n e d by the S e c r e t a r y ) , in such a m o u n t s as the S e c r e t a r y e s t i m a t e s the S t a t e w i l l be e n t i t l e d t o r e c e i v e under this t i t l e f o r each c a l e n d a r m o n t h , reduced or increased, as the case m a y be. by a n y a m o u n t by w h i c h the S e c r e t a r y finds t h a t the Secretary's estimates for any prior calendar m o n t h w e r e g r e a t e r or less than the a m o u n t s w h i c h should h a v e been paid to the S t a t e . Such e s t i m a t e s m a y be m a d e on the basis of such s t a t i s t i c a l , s a m p l i n g , or o t h e r m e t h o d as m a y be a g r e e d upon by the S e c r e t a r y and the S t a t e a g e n c y of the S t a t e i n v o l v e d . ( c ) ADMINISTRATIVE EXPENSES. ETC.—There is hereby a p p r o p r i a t e d , w i t h o u t f i s c a l y e a r l i m i t a t i o n , o u t of the e m p l o y m e n t s e c u r i t y a d m i n i s t r a t i o n a c c o u n t of the U n e m p l o y m e n t T r u s t Fund (as established by section 901(a) of the S o c i a l S e c u r i t y A c t (42 U.S.C. 1101(a))) $500,000,000 t o r e i m b u r s e S t a t e s f o r the costs of the a d m i n i s t r a t i o n of a g r e e m e n t s under this t i t l e ( i n c l u d i n g a n y i m p r o v e m e n t s in t e c h n o l o g y in c o n n e c t i o n t h e r e w i t h ) and t o p r o v i d e reemployment services to u n e m p l o y m e n t compensation claimants in States having' agreements under this t i t l e . E a c h S t a t e ' s share of t h e a m o u n t a p p r o p r i a t e d by the p r e c e d i n g sent e n c e shall be d e t e r m i n e d by the S e c r e t a r y a c c o r d i n g t o the f a c t o r s described in s e c t i o n 302(a) of the S o c i a l S e c u r i t y A c t (42 U.S.C. 501(a)) and c e r t i f i e d by the S e c r e t a r y to the S e c r e t a r y of the T r e a s u r y . SEC. 405. FINANCING PROVISIONS. ( a ) IN GENERAL.—Funds in the extended une m p l o y m e n t c o m p e n s a t i o n a c c o u n t (as established by s e c t i o n 905(a) of the S o c i a l Sec u r i t y A c t (42 U.S.C. 1105(a))). and the Federal u n e m p l o y m e n t a c c o u n t (as established by s e c t i o n 904(g) of such A c t (42 U.S.C. 1104(g))), of the U n e m p l o y m e n t T r u s t Fund (as established by s e c t i o n 904(a) of such A c t (42 U.S.C. 1104(a))) shall be used, in accordance w i t h subsection (b). f o r the m a k i n g of p a y m e n t s (described in s e c t i o n 404(a)) t o S t a t e s h a v i n g a g r e e m e n t s e n t e r e d i n t o under this t i t l e . (b) CERTIFICATION.—The S e c r e t a r y shall f r o m t i m e to t i m e c e r t i f y t o the S e c r e t a r y of the T r e a s u r y f o r p a y m e n t t o each S t a t e the sums described in s e c t i o n 404(a) w h i c h are p a y a b l e t o such S t a t e under this t i t l e . T h e S e c r e t a r y of the T r e a s u r y , p r i o r t o a u d i t or s e t t l e m e n t by the G e n e r a l A c c o u n t i n g Off i c e , shall m a k e p a y m e n t s t o the S t a t e in accordance w i t h such c e r t i f i c a t i o n by transfers f r o m the extended u n e m p l o y m e n t compensat i o n a c c o u n t , as so established ( o r . t o the ext e n t t h a t there are i n s u f f i c i e n t funds in t h a t account, f r o m the F e d e r a l u n e m p l o y m e n t account, as so e s t a b l i s h e d ) t o the a c c o u n t of such S t a t e in the U n e m p l o y m e n t T r u s t Fund (as so established). SEC. 406. FRAUD AND OVERPAYMENTS. ( a ) IN GENERAL.—If an i n d i v i d u a l knowi n g l y has m a d e , or caused t o be m a d e by ano t h e r . a false s t a t e m e n t or r e p r e s e n t a t i o n of a m a t e r i a l f a c t , or k n o w i n g l y has f a i l e d , or caused a n o t h e r t o f a i l , t o disclose a m a t e r i a l f a c t , and as a r e s u l t of such f a l s e s t a t e m e n t or r e p r e s e n t a t i o n or of such nondisclosure such i n d i v i d u a l has r e c e i v e d any t e m p o r a r y enhanced u n e m p l o y m e n t c o m p e n s a t i o n or temporary supplemental unemployment c o m p e n s a t i o n under this t i t l e to w h i c h such individual was n o t e n t i t l e d , such individual— (1) shall be i n e l i g i b l e f o r a n y f u r t h e r benef i t s under this t i t l e in a c c o r d a n c e w i t h the p r o v i s i o n s of the a p p l i c a b l e S t a t e u n e m p l o y m e n t c o m p e n s a t i o n l a w r e l a t i n g t o fraud in connection with a claim for unemployment c o m p e n s a t i o n : and (2) shall be s u b j e c t to p r o s e c u t i o n under s e c t i o n 1001 of t i t l e 18, U n i t e d S t a t e s Code. (b) REPAYMENT.—In the case of i n d i v i d u a l s w h o h a v e r e c e i v e d a n y t e m p o r a r y enhanced u n e m p l o y m e n t c o m p e n s a t i o n or t e m p o r a r y supplemental unemployment compensation under this t i t l e to w h i c h such i n d i v i d u a l s w e r e n o t e n t i t l e d , the S t a t e shall r e q u i r e such i n d i v i d u a l s t o r e p a y those b e n e f i t s to the S t a t e a g e n c y , e x c e p t t h a t the S t a t e a g e n c y m a y w a i v e such r e p a y m e n t if i t determines that— (1) the p a y m e n t of such b e n e f i t s was w i t h o u t f a u l t on the p a r t of a n y such i n d i v i d u a l : and (2) such r e p a y m e n t w o u l d be c o n t r a r y to e q u i t y and g o o d conscience. ( c ) R E C O V E R Y BY S T A T E AGENCY.— (1) IN GENERAL.—The S t a t e a g e n c y m a y rec o v e r the a m o u n t t o be repaid, or any part t h e r e o f , by deductions f r o m a n y r e g u l a r c o m pensation, t e m p o r a r y enhanced u n e m p l o y m e n t c o m p e n s a t i o n , or t e m p o r a r y supplem e n t a l u n e m p l o y m e n t c o m p e n s a t i o n payable to such i n d i v i d u a l under this t i t l e or f r o m any u n e m p l o y m e n t compensation payable to such i n d i v i d u a l under a n y F e d e r a l u n e m p l o y m e n t c o m p e n s a t i o n law administered by the S t a t e a g e n c y or under any o t h e r F e d e r a l law a d m i n i s t e r e d by the S t a t e agenc y w h i c h p r o v i d e s f o r the p a y m e n t of a n y assistance or a l l o w a n c e w i t h r e s p e c t t o a n y w e e k of u n e m p l o y m e n t , during the 3-year period a f t e r the date such i n d i v i d u a l s r e c e i v e d the p a y m e n t of the t e m p o r a r y enhanced une m p l o y m e n t c o m p e n s a t i o n or the t e m p o r a r y supplemental unemployment compensation to w h i c h such i n d i v i d u a l s w e r e n o t e n t i t l e d , e x c e p t t h a t no single d e d u c t i o n m a y exceed 50 p e r c e n t of the w e e k l y b e n e f i t a m o u n t f r o m w h i c h such d e d u c t i o n is made. (2) OPPORTUNITY FOR HEARING.—NO repay- m e n t shall be required, and no deduction shall be made, u n t i l a d e t e r m i n a t i o n has been made, n o t i c e t h e r e o f and an opport u n i t y f o r a f a i r h e a r i n g has been g i v e n t o the i n d i v i d u a l , and the d e t e r m i n a t i o n has become final. ( d ) REVIEW.—Any d e t e r m i n a t i o n by a S t a t e a g e n c y under this s e c t i o n shall be subject to r e v i e w in the same m a n n e r and to the same e x t e n t as d e t e r m i n a t i o n s under the S t a t e une m p l o y m e n t c o m p e n s a t i o n law, and o n l y in t h a t m a n n e r and to t h a t e x t e n t . SEC. 407. DEFINITIONS. In this t i t l e , the t e r m s " c o m p e n s a t i o n " , "regular compensation", "extended compensation", "additional compensation", "benefit year", "base period", "State". " S t a t e a g e n c y " . " S t a t e l a w " , and " w e e k " h a v e the r e s p e c t i v e m e a n i n g s g i v e n such t e r m s under s e c t i o n 205 of the F e d e r a l - S t a t e Extended U n e m p l o y m e n t Compensation A c t of 1970 (26 U.S.C. 3304 n o t e ) . SEC. 408. APPLICABILITY. ( a ) IN GENERAL.—An a g r e e m e n t e n t e r e d i n t o under this t i t l e shall a p p l y to w e e k s of unemployment— (1) b e g i n n i n g a f t e r the d a t e on w h i c h such a g r e e m e n t is entered into; and (2) e n d i n g b e f o r e J a n u a r y 6, 2003. (b) SPECIFIC RULES.— (1) IN GENERAL.—Under such an a g r e e m e n t , the f o l l o w i n g rules shall apply: 254 (A) ALTERNATIVE BASE PERIODS.—The pay- m e n t of t e m p o r a r y enhanced u n e m p l o y m e n t compensation by reason of section 402(b)(2)(B)(i) (relating- t o a l t e r n a t i v e base periods) shall n o t a p p l y e x c e p t in the case of i n i t i a l c l a i m s f i l e d on or a f t e r the f i r s t day of the w e e k t h a t includes S e p t e m b e r 11, 2001. (B) PART-TIME EMPLOYMENT AND INCREASED BENEFITS.—The p a y m e n t of t e m p o r a r y enhanced u n e m p l o y m e n t c o m p e n s a t i o n by reason of subparagraphs ( B x i i ) and ( C ) of sect i o n 402(b)(2) ( r e l a t i n g t o p a r t - t i m e e m p l o y m e n t and increased benefits, r e s p e c t i v e l y ) shall a p p l y to w e e k s of u n e m p l o y m e n t described in subsection (a), regardless of the date on w h i c h an i n d i v i d u a l ' s i n i t i a l c l a i m f o r b e n e f i t s is f i l e d . (C) ELIGIBILITY MENTAL FOR TEMPORARY UNEMPLOYMENT SUPPLE- COMPENSATION.—The p a y m e n t of t e m p o r a r y s u p p l e m e n t a l unemp l o y m e n t c o m p e n s a t i o n pursuant t o section 402(b)(1)(B) shall n o t a p p l y e x c e p t in the case of individuals w h o f i r s t m e e t e i t h e r the cond i t i o n described in subclause ( I ) or ( I I ) of clause ( i ) of such s e c t i o n on or a f t e r the f i r s t day of the w e e k t h a t includes S e p t e m b e r 11, 2001. (21 R E A P P L I C A T I O N (A) PROCESS.— ALTERNATIVE BASE PERIODS.—In the case of an i n d i v i d u a l w h o f i l e d an i n i t i a l c l a i m f o r r e g u l a r c o m p e n s a t i o n on or a f t e r the f i r s t day of the w e e k t h a t includes Sept e m b e r 11. 2001, and b e f o r e the date t h a t the S t a t e entered i n t o an a g r e e m e n t under subsection (a)(1) t h a t was denied as a result of the a p p l i c a t i o n of the base p e r i o d t h a t applied under the S t a t e law prior to the date on w h i c h the S t a t e entered i n t o the agreem e n t . such i n d i v i d u a l — ( i ) m a y f i l e a c l a i m f o r t e m p o r a r y enhanced u n e m p l o y m e n t c o m p e n s a t i o n based on section 402(b)(2)(B)(i) ( r e l a t i n g t o a l t e r n a t i v e base p e r i o d s ) on or a f t e r the date on which the S t a t e e n t e r s i n t o such a g r e e m e n t and b e f o r e the date on w h i c h such a g r e e m e n t t e r m i n a t e s ; and ( i i ) if e l i g i b l e , shall be e n t i t l e d to such c o m p e n s a t i o n o n l y f o r w e e k s of u n e m p l o y m e n t described in subsection ( a ) b e g i n n i n g on or a f t e r the date on w h i c h the individual f i l e s such c l a i m . ( B ) PART-TIME EMPLOYMENT.—In t h e case of an individual w h o b e f o r e the date t h a t the S t a t e entered i n t o an a g r e e m e n t under subsection ( a ) ( 1 ) was denied r e g u l a r compensat i o n under the S t a t e l a w ' s p r o v i s i o n s r e l a t ing- t o a v a i l a b i l i t y f o r w o r k , a c t i v e search f o r w o r k , or r e f u s a l t o a c c e p t w o r k , s o l e l y by v i r t u e of the f a c t t h a t such i n d i v i d u a l is seeking, or a v a i l a b l e for, o n l y p a r t - t i m e (and n o t f u l l - t i m e ) w o r k , such i n d i v i d u a l — ( i ) m a y f i l e a c l a i m f o r t e m p o r a r y enhanced u n e m p l o y m e n t c o m p e n s a t i o n based on section 402(b)(2)(B)(ii) ( r e l a t i n g to partt i m e e m p l o y m e n t ) on or a f t e r the date on w h i c h the S t a t e e n t e r s i n t o the a g r e e m e n t under subsection ( a ) ( 1 ) and b e f o r e the date on w h i c h such a g r e e m e n t t e r m i n a t e s ; and ( i i ) if e l i g i b l e , shall be e n t i t l e d to such c o m p e n s a t i o n o n l y f o r w e e k s of u n e m p l o y m e n t described in subsection ( a ) b e g i n n i n g on or a f t e r the date on which the i n d i v i d u a l f i l e s such c l a i m . (3) January 25, 2002 CONGRESSIONAL RECORD—SENATE No RETROACTIVE PAYMENTS FOR WEEKS PRIOR TO AGREEMENT.—No a m o u n t s shall be p a y a b l e to an i n d i v i d u a l under an a g r e e m e n t entered i n t o under this t i t l e f o r a n y w e e k of u n e m p l o y m e n t prior to the w e e k b e g i n n i n g a f t e r the date on w h i c h such a g r e e m e n t is entered into. SEC. 409. RULE OF CONSTRUCTION REGARDING CHANGES TO STATE LAW. N o t h i n g in this t i t l e shall be construed as r e q u i r i n g a S t a t e to m o d i f y the laws of such S t a t e in order t o enter i n t o an a g r e e m e n t under this t i t l e or to c o m p l y w i t h the p r o v i sions of the a g r e e m e n t described in section 402(b). SEC. 410. WORKFORCE INVESTMENT ACTIVITIES. S e c t i o n 134(d)(4) of the W o r k f o r c e I n v e s t m e n t A c t of 1998 ( 29 U.S.C. 2864(d)(4)) is amended by adding a t the end the f o l l o w i n g : ••(H) THE IN TRAINING STATE WITH THE APPROVAL AGENCY.—Notwithstanding OF any o t h e r p r o v i s i o n of law, an e l i g i b l e a d u l t or d i s l o c a t e d w o r k e r r e c e i v i n g t r a i n i n g services ( o t h e r than o n - t h e - j o b t r a i n i n g ) under this paragraph shall be deemed to be in t r a i n i n g w i t h the a p p r o v a l of the S t a t e a g e n c y f o r purposes of section 3304(a)(8) of the I n t e r n a l R e v e n u e Code of 1986.". SA 2714. Mr. DURBIN (for himself, Mr. WELLSTONE, Mr. DAYTON, MS. LANDR.IEU, a n d M r s . L I N C O L N ) p r o p o s e d an amendment to amendment SA 2698 submitted by Mr. D A S C H L E and intended to be proposed to the bill (H.R. 622) to amend the Internal Revenue Code of 1986 to expand the adoption credit, and for other purposes; as follows: S t r i k e t i t l e I V and insert the f o l l o w i n g : TITLE IV—TEMPORARY E N H A N C E D UNEMPLOYMENT BENEFITS SEC. 401. SHORT TITLE. ( C ) INCREASED (1) IN GENERAL.—Any a g r e e m e n t under subsection ( a ) shall p r o v i d e t h a t the S t a t e agenc y of the S t a t e w i l l m a k e — ( A ) p a y m e n t s of t e m p o r a r y enhanced une m p l o y m e n t c o m p e n s a t i o n to individuals; and ( B ) p a y m e n t s of t e m p o r a r y s u p p l e m e n t a l unemployment compensation to individuals who— ( i ) have— (1) exhausted all r i g h t s t o r e g u l a r c o m pensation under the S t a t e law (or, as the case m a y be, a l l r i g h t s t o t e m p o r a r y enhanced u n e m p l o y m e n t c o m p e n s a t i o n ) ; or ( I I ) r e c e i v e d 26 w e e k s of r e g u l a r compensation under the S t a t e l a w (or, as the case m a y be, 26 w e e k s of t e m p o r a r y enhanced unemployment compensation); ( i i ) do n o t h a v e any r i g h t s to r e g u l a r compensation under the S t a t e law of a n y otherS t a t e (or t o t e m p o r a r y enhanced u n e m p l o y m e n t c o m p e n s a t i o n ) ; and ( i i i ) are n o t r e c e i v i n g c o m p e n s a t i o n under the u n e m p l o y m e n t c o m p e n s a t i o n law of any other country. (2) SPECIAL RULES REGARDING TEMPORARY COMPENSATION.— ( A ) IN GENERAL.—Subject t o subparagraphs ( B ) and (C), e l i g i b i l i t y for, and the a m o u n t of, t e m p o r a r y enhanced u n e m p l o y m e n t c o m pensation shall be d e t e r m i n e d In the same m a n n e r as e l i g i b i l i t y for, and the a m o u n t of, r e g u l a r c o m p e n s a t i o n is d e t e r m i n e d under the S t a t e l a w . (B) ELIGIBILITY ELIGIBLE FOR R E G U L A R FOR T E U C . — I n t h e case of an individual w h o is n o t e l i g i b l e f o r r e g u l a r c o m p e n s a t i o n under the S t a t e law because— ( i ) of the use of a d e f i n i t i o n of base period t h a t does n o t count w a g e s earned in the COM- PENSATION.—In the case of an individual who is e l i g i b l e f o r r e g u l a r c o m p e n s a t i o n (including dependents' a l l o w a n c e s ) under the S t a t e law w i t h o u t regard t o this paragraph, the a m o u n t of t e m p o r a r y enhanced u n e m p l o y m e n t c o m p e n s a t i o n p a y a b l e t o such individual f o r any w e e k shall be an a m o u n t equal to the g r e a t e r o f — ( I ) 15 percent of the a m o u n t of such r e g u l a r c o m p e n s a t i o n p a y a b l e to such individual f o r the w e e k ; or ( I I ) $25. (ii) INDIVIDUALS NOT E L I G I B L E FOR REGULAR C O M P E N S A T I O N BUT E L I G I B L E FOR T E U C BY AGREEMENT.-- ENHANCED U N E M P L O Y M E N T BENEFITS.— (i) INDIVIDUALS T h i s t i t l e m a y be c i t e d as the • ' T e m p o r a r y U n e m p l o y m e n t C o m p e n s a t i o n A c t of 2002". SEC. 402. FEDERAL-STATE AGREEMENTS. ( a ) IN GENERAL.—Any S t a t e w h i c h desires to do so m a y enter i n t o and p a r t i c i p a t e in an a g r e e m e n t under this t i t l e w i t h the Secr e t a r y of L a b o r (In this t i t l e r e f e r r e d to as the " S e c r e t a r y " ) . A n y S t a t e which is a p a r t y to an a g r e e m e n t under this t i t l e m a y , upon p r o v i d i n g 30 d a y s ' w r i t t e n n o t i c e t o the Secr e t a r y , t e r m i n a t e such a g r e e m e n t . ( b ) P R O V I S I O N S OF m o s t r e c e n t l y c o m p l e t e d calendar quarter, then e l i g i b i l i t y f o r t e m p o r a r y enhanced une m p l o y m e n t c o m p e n s a t i o n under subparagraph ( A ) shall be d e t e r m i n e d by a p p l y i n g a base period ending- a t the close of the calendar q u a r t e r m o s t r e c e n t l y c o m p l e t e d bef o r e the date of the i n d i v i d u a l ' s a p p l i c a t i o n f o r benefits, e x c e p t t h a t this clause shall n o t apply unless w a g e data f o r t h a t q u a r t e r has been reported to the S t a t e or supplied to the S t a t e a g e n c y on behalf of the individual: or ( i i ) such i n d i v i d u a l does n o t m e e t requirem e n t s relating- to a v a i l a b i l i t y f o r w o r k , act i v e search f o r w o r k , or r e f u s a l to accept w o r k , because such i n d i v i d u a l is seeking, oris a v a i l a b l e for, o n l y p a r t - t i m e (and not f u l l t i m e ) w o r k , then e l i g i b i l i t y f o r t e m p o r a r y enhanced unemployment compensation under subparagraph ( A ) shall be d e t e r m i n e d w i t h o u t regard t o the f a c t t h a t such individual is s e e k i n g , or is a v a i l a b l e for, o n l y p a r t - t i m e (and n o t f u l l - t i m e ) w o r k , e x c e p t t h a t this clause shall n o t apply unless— ( I ) the i n d i v i d u a l ' s e m p l o y m e n t on which e l i g i b i l i t y f o r the t e m p o r a r y enhanced une m p l o y m e n t c o m p e n s a t i o n is based was partt i m e e m p l o y m e n t ; or ( I I ) the individual can show g o o d cause f o r seeking, or being a v a i l a b l e for, o n l y partt i m e (and n o t f u l l - t i m e ) w o r k . REA- SON OF SUBPARAGRAPH . b e f o r e J a n u a r y 1, 2005. " ( B ) CERTAIN PROPERTY HAVING LONGER PRODUCTION PERIODS TREATED AS QUALIFIED PROPERTY.— " ( i ) IN GENERAL.—The t e r m ' q u a l i f i e d prope r t y ' includes p r o p e r t y — " ( I ) w h i c h m e e t s the r e q u i r e m e n t s of clauses (i), ( i i ) , and ( i i i ) of subparagraph ( A ) , " ( I I ) w h i c h has a r e c o v e r y period of a t least 10 y e a r s or is t r a n s p o r t a t i o n p r o p e r t y , and " ( I I I ) w h i c h is s u b j e c t t o s e c t i o n 263A by reason of clause ( i i ) or ( i i i ) of subsection (f)(1)(B) thereof. " ( i i ) ONLY PRB-JANUARY I. 200-1, BASIS EIJGIBLE FOR ADDITIONAL ALLOWANCE.—In the case of p r o p e r t y w h i c h is q u a l i f i e d p r o p e r t y s o l e l y by reason of clause (i). paragraph (1) shall a p p l y o n l y to the e x t e n t of the a d j u s t e d basis thereof a t t r i b u t a b l e to m a n u f a c t u r e , cons t r u c t i o n , or production b e f o r e J a n u a r y 1, 2004. " ( i i i ) TRANSPORTATION PROPERTY.—For purposes of this subparagraph, the t e r m "transportation property' means tangible personal p r o p e r t y used in the trade or business of t r a n s p o r t i n g persons or p r o p e r t y . " ( C ) EXCEPTIONS."(i) ALTERNATIVE DEPRECIATION PROP. ..... , ^ , , 1, m1 ERTY.— I he t e r m q u a l i f i e d p r o p e r t y shall n o t include any p r o p e r t y t o w h i c h t h e a l t e r n a t i v e d e p r e c i a t i o n s y s t e m under subsection ( g ) applies, d e t e r m i n e d — " ( I ) w i t h o u t regard t o p a r a g r a p h (7) of subsection ( g ) ( r e l a t i n g to e l e c t i o n t o h a v e syst e m a p p l y ) , and " ( I I ) a f t e r a p p l i c a t i o n of s e c t i o n 280F(b) ( r e l a t i n g to listed p r o p e r t y w i t h l i m i t e d business use). " ( i i ) ELECTION OUT.—If a t a x p a y e r m a k e s an e l e c t i o n under this clause w i t h r e s p e c t to any class of p r o p e r t y f o r any t a x a b l e y e a r , this subsection shall n o t a p p l y t o all prope r t y in such class placed in s e r v i c e during such t a x a b l e y e a r . " ( D ) SPECIAL RULES.— " ( i ) SELF-CONSTRUCTED PROPERTY.—In the case of a t a x p a y e r m a n u f a c t u r i n g , cons t r u c t i n g , or producing p r o p e r t y f o r the taxp a y e r ' s own use. the r e q u i r e m e n t s of clause ( i i i ) of subparagraph ( A ) shall be t r e a t e d as m e t if the t a x p a y e r begins m a n u f a c t u r i n g . c o n s t r u c t i n g , or producing the p r o p e r t y a f t e r D e c e m b e r 31. 2001, and b e f o r e J a n u a r y 1. 2004. " ( i i ) SALE-LEASEBACKS.—For purposes of subparagraph ( A M i i ) , if p r o p e r t y — " ( I ) is o r i g i n a l l y placed in s e r v i c e a f t e r Dec e m b e r 31. 2001, by a person, and " ( I I ) sold and leased back by such person w i t h i n 3 m o n t h s a f t e r the date such p r o p e r t y was o r i g i n a l l y placed in service, such p r o p e r t y shall be t r e a t e d as o r i g i n a l l y placed in s e r v i c e n o t e a r l i e r than the d a t e on w h i c h such p r o p e r t y is used under the leaseb a c k r e f e r r e d to in subclause ( I I ) . " ( E ) COORDINATION WITH SECTION 28OF.—For purposes of section 280F— " ( i ) AUTOMOBILES.—In the case of a passenger a u t o m o b i l e (as defined in section 280F(d)(5)) w h i c h is q u a l i f i e d p r o p e r t y , the Secretary shall increase the limitation under s e c t i o n 2 8 0 F ( a ) U ) ( A ) ( i ) by $4,600. " ( i i ) LISTED PROPERTY.—The d e d u c t i o n all o w a b i e under paragraph (1) shall be t a k e n into account in imputing any recapture a m o u n t under s e c t i o n 280F(b)(2). " ( 3 ) QUALIFIED LEASEHOLD IMPROVEMENT PROPERTY.—For purposes of this subsection— " ( A ) IN GENERAL.—The t e r m - q u a l i f i e d leasehold i m p r o v e m e n t p r o p e r t y ' m e a n s a n y i m p r o v e m e n t to an i n t e r i o r p o r t i o n of a building w h i c h is n o n r e s i d e n t i a l r e a l property if— " such i m p r o v e m e n t is m a d e under or pursuant t o a lease (as defined in subsection (h)(7))'•(I) by the lessee (or a n y sublessee) of such p o r t i o n , or " ( I I ) b y the lessor of such p o r t i o n , " ( i i ) such p o r t i o n is t o be occupied exclus i v e l y by the lessee (or a n y sublessee) of such p o r t i o n , and " ( i i i ) such i m p r o v e m e n t is placed in service m o r e than 3 y e a r s a f t e r the d a t e the b u i l d i n g was f i r s t placed in s e r v i c e . "(B) CERTAIN IMPROVEMENTS NOT INCLUDED.—Such t e r m shall n o t include a n y i m p r o v e m e n t f o r w h i c h the e x p e n d i t u r e is a t t r i b u t a b l e to— " ( i ) the e n l a r g e m e n t of the b u i l d i n g , " ( i i ) a n y e l e v a t o r or e s c a l a t o r , " ( i i i ) any structural component benefiting a c o m m o n area, and " ( i v ) the i n t e r n a l s t r u c t u r a l f r a m e w o r k of the building. " ( C ) DEFINITIONS AND SPECIAL RULES.—For purposes of this p a r a g r a p h — " ( i ) BINDING COMMITMENT TO LEASE TREATED AS LEASE.—A b i n d i n g c o m m i t m e n t t o e n t e r i n t o a lease shall be t r e a t e d as a lease, and the p a r t i e s t o such c o m m i t m e n t shall be t r e a t e d as lessor and lessee, r e s p e c t i v e l y . " ( i i ) RELATED PERSONS.—A lease b e t w e e n , , , , ,, , ., r e l a t e d persons shall n o t be considered a lease. F o r purposes of the p r e c e d i n g sentence, the t e r m ' r e l a t e d persons' m e a n s — " ( I ) m e m b e r s of an a f f i l i a t e d g r o u p (as def i n e d in s e c t i o n 1504). and " ( I I ) persons h a v i n g a r e l a t i o n s h i p described in subsection (b) of s e c t i o n 267; exc e p t t h a t , f o r purposes of this clause, the phrase '80 p e r c e n t or m o r e ' s h a l l be subs t i t u t e d f o r the phrase ' m o r e than 50 perc e n t ' each p l a c e i t appears in such subsection. " ( D ) IMPROVEMENTS MADE BY LESSOR.—In the case of an i m p r o v e m e n t m a d e by the person w h o was the lessor of such i m p r o v e m e n t when such i m p r o v e m e n t was placed in service. such i m p r o v e m e n t shall be q u a l i f i e d leasehold i m p r o v e m e n t p r o p e r t y ( i f a t a l l ) o n l y so l o n g as such i m p r o v e m e n t is held by such p e r s o n . " . ( b ) ALLOWANCE AGAINST ALTERNATIVE MINIMUM T A X . — (1) IN GENERAL.—Section 56(a)(1)(A) of the I n t e r n a l R e v e n u e Code of 1986 (relating' to depreciation adjustment for alternative mini m u m t a x ) is amended by adding a t the end the f o l l o w i n g new clause: " ( i i i ) ADDITIONAL ALLOWANCE FOR CERTAIN PROPERTY ACQUIRED AFTER DECEMBER :ii, 2001, AND BEFORE JANUARY 1, 2004.—The d e d u c t i o n under s e c t i o n 168(k) shall be a l l o w e d . " (2) CONFORMING AMENDMENT.—Clause ( i ) of s e c t i o n 56(a)(1)(A) of the I n t e r n a l R e v e n u e Code of 1986 is amended by striking' " c l a u s e ( i i ) " both places i t appears and i n s e r t i n g " c l a u s e s ( i i ) and ( i i i ) " . ( c ) EFFECTIVE DATE.—The amendments m a d e by this s e c t i o n shall a p p l y to p r o p e r t y placed in s e r v i c e a f t e r D e c e m b e r 31, 2001, in t a x a b l e y e a r s e n d i n g a f t e r such date. S A 2717. M r . N I C K L E S ( f o r M r . BOND ( f o r h i m s e l f . M s . COLLINS. M r . ENZI. M r . A L L E N , and Mr. N I C K L E S ) ) proposed an a m e n d m e n t to the bill H R 622 to a m e n d th Interna l Revenue' Code of exnand the a d o n f i o n credit and t o e x p a n u one d u o p i 011 u e u n , d i m R F° o t h e r p u r p o s e s : as f o l l o w s : A t the end. add the f o l l o w i n g : SEC. . TEMPORARY INCREASE IN EXPENSING UNDER SECTION 179. ( a ) IN GENERAL.—The t a b l e c o n t a i n e d in section 179(b)(1) of the I n t e r n a l R e v e n u e Code of 1986 ( r e l a t i n g t o d o l l a r l i m i t a t i o n ) is a m e n d e d t o read as f o l l o w s : "If the taxable year The applicable begins in: amount is2001 $24,000 2002 or 2003 $40,000 2004 o r thereafter $25,000." ( b ) TEMPORARY INCREASE IN AMOUNT OF PROPERTY TRIGGERING PHASEOUT OF MAXLMUM BENEFIT.—Paragraph (2) of section 179(b) of the I n t e r n a l R e v e n u e Code of 1986 is amended by i n s e r t i n g b e f o r e the period "($325,000 in the case of t a x a b l e y e a r s b e g i n ning-during 2002 or 2003)". (C) EFFECTIVE DATE. T h e amendments m a d e b - v t h l s m o t i o n shall apply to t a x a b l e y e a r s b e g i n n i n g a f t e r D e c e m b e r 31. 2001. c a 071s M l . p ^ T F i , f n t . M „ n.„„,IC U 0 1 .„ . ,5V. ^ ' , ( t o r m m s e U M r IORBICBLLI. and M r . B a y h ) > proposed an amendment to a m e n d m e n t S A 2698 s u b m i t t e d b y M r . DASCHLE a n d i n t e n d e d t o be p r o p o s e d t o t h e b i l l ( H . R . 622) t o a m e n d t h e I n t e r n a l R e v e n u e C o d e o f 1986 t o e x p a n d the a d o p t i o n credit, and for o t h e r purposes' as f o l l o w s ' ' .. ' , . . „ ,, tollow»t«a S t n k e s e c t l o n 201 a n d l n s e r t t l l e 8EC' 20L P N ^ ^ ™ r < IK Cl^KlAlIN r m l r f c t t l I ACUUlKliU AFTER DECEMBER 31 2001 AND BEFORE JANUARY I, 2004. 168 ( r e l a t i n g to < A ) IN GENERAL.—Section a c c e l e r a t e d cost r e c o v e r y s y s t e m ) is amendnew e t [ by adding a t the end the f o l l o w i n g subsection: "(k) SPECIAL ALLOWANCE FOR CERTAIN PROPERTY ACQUIRED AFTER DECEMBER 31. 2001. AND BEFORE JANUARY 1, 2004." ( 1 ) ADDITIONAL ALLOWANCE.—In the case of any qualified property— " ( A ) the d e p r e c i a t i o n d e d u c t i o n p r o v i d e d by s e c t i o n 167(a) f o r the t a x a b l e y e a r in w h i c h such p r o p e r t y is placed in s e r v i c e shall include an a l l o w a n c e equal to 30 p e r c e n t of the a d j u s t e d basis of the q u a l i f i e d p r o p e r t y . and " ( B ) the adjusted basis of the q u a l i f i e d p r o p e r t y shall be reduced by the a m o u n t of such d e d u c t i o n b e f o r e c o m p u t i n g the a m o u n t o t h e r w i s e a l l o w a b l e as a d e p r e c i a t i o n deduct i o n under this c h a p t e r f o r such t a x a b l e y e a r and a n y subsequent t a x a b l e y e a r , " ( 2 ) QUALIFIED PROPERTY.—For purposes of this subsection— " ( A ) IN GENERAL.—The t e r m 'qualified property' means property— " ( i ) ( I ) t o w h i c h this s e c t i o n applies w h i c h has a r e c o v e r y period of 20 y e a r s or less or w h i c h is w a t e r u t i l i t y p r o p e r t y , " ( I I ) w h i c h is c o m p u t e r s o f t w a r e (as def i n e d in s e c t i o n 167(f)(1)(B)) f o r w h i c h a de(taction is a l l o w a b l e under s e c t i o n 167(a) w i t h o u t regard t o this subsection, " ( I I I ) w h i c h is q u a l i f i e d leasehold i m p r o v e m e n t p r o p e r t y , or " ( I V ) w h i c h is e l i g i b l e f o r d e p r e c i a t i o n under s e c t i o n 167(g), " ( i i ) the o r i g i n a l use of w h i c h c o m m e n c e s w i t h the t a x p a y e r a f t e r D e c e m b e r 31, 2001, " ( i i i ) w h i c h is— " ( I ) acquired by the t a x p a y e r a f t e r D e c e m ber 31. 2001. and b e f o r e J a n u a r y 1, 2004. but o n l y if no w r i t t e n b i n d i n g c o n t r a c t f o r the a c q u i s i t i o n was in e f f e c t b e f o r e J a n u a r y 1, 2002'°r . .. f ( I I ) a u ( I u n ' e d h y t h e t a x p a y e r pursuant t o w r i t t e n b i n d i n g c o n t r a c t w h i c h was ent e r e d i n t o a f t e r D e c e m b e r 31, 2001, and before J a n u a r y 1, 2004, and " ( i v ) w h i c h is placed in s e r v i c e b y the taxp a y e r b e f o r e J a n u a r y 1, 2004. or. in the case of p r o p e r t y described in subparagraph ( B ) . b e f o r e J a n u a r y 1, 2005. a 258 "(B) CERTAIN PRODUCTION PROPERTY PERIODS HAVING TREATED AS LONGER QUALIFIED PROPERTY.— " ( I ) IN GENERAL.—The t e r m ' q u a l i f i e d prope r t y ' includes p r o p e r t y — " ( I i w h i c h m e e t s the r e q u i r e m e n t s of clauses (i), ( i i ) , ancl ( i i i ) of subparagraph ( A ) , " ( I I ) w h i c h has a r e c o v e r y period of a t least 10 y e a r s or is t r a n s p o r t a t i o n p r o p e r t y , and " ( I I I ) w h i c h is subject t o section 263A by reason of clause ( i i ) or ( i i i ) of subsection (f)(1)(B) thereof. "(ii) ONLY PRE-JANUARY I , 2004, B A S I S BLE FOR A D D I T I O N A L A L L O W A N C E . — I n ELIGI- the case of p r o p e r t y w h i c h is q u a l i f i e d p r o p e r t y s o l e l y by reason of clause ( i ) , paragraph (1) shall apply o n l y t o the e x t e n t of the adjusted basis t h e r e o f a t t r i b u t a b l e to m a n u f a c t u r e , cons t r u c t i o n , or p r o d u c t i o n b e f o r e J a n u a r y 1, 2004. " ( i i i ) TRANSPORTATION PROPERTY.—For pur- poses of this subparagraph, the t e r m 'transp o r t a t i o n p r o p e r t y ' m e a n s t a n g i b l e personal p r o p e r t y used in the t r a d e or business of t r a n s p o r t i n g persons or p r o p e r t y . "(C) "(i) EXCEPTIONS.— ALTERNATIVE DEPRECIATION PROP- ERTY.—The t e r m ' q u a l i f i e d p r o p e r t y ' shall n o t include any p r o p e r t y t o w h i c h the a l t e r n a t i v e d e p r e c i a t i o n s y s t e m under subsection ( g ) applies, d e t e r m i n e d — " ( I ) w i t h o u t regard t o p a r a g r a p h (7) of subsection ( g ) ( r e l a t i n g t o e l e c t i o n to h a v e syst e m a p p l y ) , and " ( I I ) a f t e r a p p l i c a t i o n of section 280F(b) (relating to listed property with limited business use). " ( i i ) ELECTION OUT.—If a t a x p a y e r m a k e s an e l e c t i o n under this clause w i t h respect t o a n y class of p r o p e r t y f o r a n y t a x a b l e y e a r , this subsection shall n o t apply t o a l l prope r t y in such class placed in s e r v i c e during such t a x a b l e y e a r . " ( D ) SPECIAL "(i> RULES.— SELF-CONSTRUCTED PROPERTY.—In the case of a t a x p a y e r m a n u f a c t u r i n g , cons t r u c t i n g , or producing p r o p e r t y f o r the taxp a y e r ' s own use, the r e q u i r e m e n t s of clause ( i i i ) of subparagraph ( A ) shall be t r e a t e d as m e t if the t a x p a y e r begins m a n u f a c t u r i n g , c o n s t r u c t i n g , or producing the p r o p e r t y a f t e r D e c e m b e r 31, 2001, and b e f o r e J a n u a r y 1, 2004. " ( i i ) SALE-LEASEBACKS.—For purposes of subparagraph ( A ) ( i i ) , if p r o p e r t y — " ( I ) is o r i g i n a l l y placed in s e r v i c e a f t e r Dec e m b e r 31, 2001, by a person, and " ( I I ) sold and leased b a c k by such person w i t h i n 3 m o n t h s a f t e r the date such p r o p e r t y was o r i g i n a l l y placed in service, such p r o p e r t y shall be t r e a t e d as o r i g i n a l l y placed in s e r v i c e n o t e a r l i e r than the date on w h i c h such p r o p e r t y is used under the leaseback r e f e r r e d t o in subclause ( I I ) . "(E) COORDINATION WITH SECTION * F . — F o r purposes of s e c t i o n 280F— " ( i ) AUTOMOBILES.—In the case of a passenger a u t o m o b i l e (as defined in section 280F(d)(5)i which is q u a l i f i e d p r o p e r t y , the Secretary shall increase the limitation under section 2 8 0 F ( a ) ( l ) ( A ) ( i ) by $4,600. " ( i i ) LISTED PROPERTY.—The d e d u c t i o n al- l o w a b l e under paragraph (1) shall be t a k e n i n t o a c c o u n t in c o m p u t i n g a n y r e c a p t u r e a m o u n t under s e c t i o n 280F(b)(2). "(3) January 25, 2002 CONGRESSIONAL RECORD—SENATE QUALIFIED LEASEHOLD IMPROVEMENT PROPERTY.—For purposes of this subsection— " ( A ) IN GENERAL.—The t e r m 'qualified leasehold i m p r o v e m e n t p r o p e r t y ' m e a n s any i m p r o v e m e n t to an i n t e r i o r p o r t i o n of a building' which is n o n r e s i d e n t i a l real property if— " ( i ) such i m p r o v e m e n t is made under or pursuant to a lease (as defined in subsection (h)(7))— " ( I ) by the lessee (or a n y sublessee) of such p o r t i o n , or " ( I I ) by the lessor of such p o r t i o n , " ( i i ) such p o r t i o n is t o be occupied exclus i v e l y by the lessee ( o r a n y sublessee) of such p o r t i o n , and " ( i i i ) such i m p r o v e m e n t is placed in service m o r e than 3 y e a r s a f t e r the date the b u i l d i n g was f i r s t placed in s e r v i c e . "(B) CERTAIN IMPROVEMENTS NOT IN- CLUDED.—Such t e r m shall n o t include a n y i m p r o v e m e n t f o r w h i c h the expenditure is attributable to— " ( i ) the e n l a r g e m e n t of the building, " ( i i ) any e l e v a t o r or e s c a l a t o r , " ( i i i ) any s t r u c t u r a l c o m p o n e n t b e n e f i t i n g a c o m m o n area, and " ( i v ) the i n t e r n a l s t r u c t u r a l f r a m e w o r k of the building. "(C) DEFINITIONS AND SPECIAL RULES.—For purposes of this p a r a g r a p h — "(i) BINDING COMMITMENT TO LEASE TREAT- ED AS LEASE.—A binding c o m m i t m e n t t o enter i n t o a lease shall be t r e a t e d as a lease, and the p a r t i e s t o such c o m m i t m e n t shall be t r e a t e d as lessor and lessee, r e s p e c t i v e l y . "(ii) RELATED PERSONS.—A lease between r e l a t e d persons shall n o t be considered a lease. F o r purposes of the preceding- sentence, the t e r m ' r e l a t e d persons' means— " ( I ) m e m b e r s of an a f f i l i a t e d g r o u p (as def i n e d in s e c t i o n 1504), and " ( I I ) persons h a v i n g a r e l a t i o n s h i p described in subsection (b) of section 267; exc e p t that, f o r purposes of this clause, the phrase '80 p e r c e n t or m o r e ' shall be subs t i t u t e d f o r the phrase ' m o r e than 50 perc e n t ' each place i t appears in such subsection. "(D) IMPROVEMENTS MADE BY LESSOR.—In the case of an i m p r o v e m e n t m a d e by the person w h o was the lessor of such i m p r o v e m e n t when such i m p r o v e m e n t was placed in service, such i m p r o v e m e n t shall be q u a l i f i e d leasehold i m p r o v e m e n t p r o p e r t y ( i f a t a l l ) o n l y so l o n g as such i m p r o v e m e n t is held by such p e r s o n . " . (b) ALLOWANCE AGAINST ALTERNATIVE IMUM MIN- TAX.— (1) IN GENERAL.—Section 56(a)(1)(A) ( r e l a t ing t o d e p r e c i a t i o n a d j u s t m e n t f o r a l t e r n a t i v e m i n i m u m t a x ) is amended by adding a t the end the f o l l o w i n g new clause: "(iii) ADDITIONAL PROPERTY AND ALLOWANCE ACQUIRED BEFORE AFTER JANUARY FOR CERTAIN D E C E M B E R 31, 2001, 1, 2 0 0 4 . — T h e deduction under s e c t i o n 168(k) shall be a l l o w e d . " (2) CONFORMING AMENDMENT.—Clause (i) of section 56(a)(1)(A) is amended by s t r i k i n g " c l a u s e ( i i ) " both places i t appears and inserting' " c l a u s e s ( i i ) and ( i i i ) " . (c) EFFECTIVE DATE.—The amendments made by this section shall apply to p r o p e r t y placed in s e r v i c e a f t e r D e c e m b e r 31, 2001, in t a x a b l e y e a r s ending a f t e r such date. S A 2 7 1 9 . Mr. REID (for Mr. H A R K I N ) proposed an amendment to amendment SA 2 6 9 8 submitted by Mr. D A S C H L E and intended to be proposed to the bill (H.R. 622) to amend the Internal Revenue Code of 1986 to expand the adoption credit, and for other purposes: as follows: S t r i k e section 301 and insert the f o l l o w i n g : SEC. 301. TEMPORARY INCREASES OF MEDICAID FMAP FOR FISCAL YEAR 2002. (a) YEAR PERMITTING 2001 MAINTENANCE OF FMAP.—Notwithstanding FISCAL any o t h e r p r o v i s i o n of law, but subject t o subs e c t i o n (d), if the F M A P d e t e r m i n e d w i t h o u t regard t o this section f o r a S t a t e f o r fiscal y e a r 2002 is less than the F M A P as so deter- mined f o r f i s c a l y e a r 2001. the F M A P f o r the S t a t e f o r fiscal y e a r 2001 shall lie substituted f o r the S t a t e ' s F M A P f o r fiscal y e a r 2002, bef o r e the a p p l i c a t i o n of this s e c t i o n . (b) GENERAL 3 PERCENTAGE POINTS IN- CREASE.—Notwithstanding any o t h e r provision of law, but subject to subsections ( e ) and ( f ) . for each S t a t e for each calendar q u a r t e r in fiscal y e a r 2002, the F M A P ( t a k i n g i n t o a c c o u n t the a p p l i c a t i o n of subsection ( a ) ) shall be increased by 3 p e r c e n t a g e points. (c) FURTHER INCREASE HIGH UNEMPLOYMENT FOR STATES WITH RATES.— (1) IN GENERAL.—Notwithstanding any o t h e r p r o v i s i o n of law, but subject to subsections ( e ) and ( f ) , the F M A P f o r a high une m p l o y m e n t S t a t e f o r a calendar q u a r t e r in fiscal y e a r 2002 (and a n y subsequent calendar q u a r t e r in such f i s c a l y e a r regardless of w h e t h e r the S t a t e continues to be a h i g h une m p l o y m e n t S t a t e f o r a calendar quarter in such fiscal y e a r ) shall be increased ( a f t e r the a p p l i c a t i o n of subsections (ai and ( b ) ) by 1.50 p e r c e n t a g e points. (2) HIGH UNEMPLOYMENT STATE.— ( A ) IN GENERAL.—For purposes of this subsection, a S t a t e is a h i g h u n e m p l o y m e n t S t a t e for a calendar q u a r t e r if, f o r any 3 consecutive m o n t h period b e g i n n i n g on or a f t e r June 2001 and ending w i t h the second m o n t h b e f o r e the beginning- of the calendar quarter, the S t a t e has an a v e r a g e seasonally adjusted u n e m p l o y m e n t r a t e t h a t exceeds the a v e r a g e w e i g h t e d u n e m p l o y m e n t r a t e during such period. Such u n e m p l o y m e n t rates f o r such m o n t h s shall be d e t e r m i n e d based on public a t i o n s of the Bureau of L a b o r S t a t i s t i c s of the D e p a r t m e n t of L a b o r . (B) AVERAGE WEIGHTED UNEMPLOYMENT RATE DEFINED.—For purposes of subparagraph ( A ) , the " a v e r a g e w e i g h t e d u n e m p l o y m e n t r a t e " f o r a period is— ( i ) the sum of the seasonally adjusted number of u n e m p l o y e d c i v i l i a n s in each S t a t e and the D i s t r i c t of C o l u m b i a f o r the period; divided by ( i i ) the sum of the c i v i l i a n labor f o r c e in each S t a t e and the D i s t r i c t of Columbia f o r the period. (d) 1-YEAR PAYMENTS INCREASE TO IN CAP ON MEDICAID TERRITORIES.—Notwith- standing any o t h e r provision of law, w i t h respect to fiscal y e a r 2002. the a m o u n t s o t h e r wise d e t e r m i n e d f o r P u e r t o Rico, the V i r g i n Islands, Guam, the N o r t h e r n M a r i a n a Islands, and A m e r i c a n S a m o a under section 1108 of the S o c i a l S e c u r i t y A c t (42 U.S.C. 1308) shall each be increased by an a m o u n t equal to 6 percentage points of such amounts. (e) SCOPE OF APPLICATION.—The increases in the F M A P f o r a S t a t e under this section shall apply o n l y f o r purposes of t i t l e X I X of the S o c i a l S e c u r i t y A c t and shall not apply w i t h respect to— (1) d i s p r o p o r t i o n a t e share h o s p i t a l paym e n t s described in section 1923 of such A c t (42 U.S.C. 1396iM); and (2) p a y m e n t s under t i t l e s I V and X X I of such A c t (42 U.S.C. 601 e t seq. and 1397aa et seq.). ( f ) STATE ELIGIBILITY.—A S t a t e is e l i g i b l e f o r an increase in i t s F M A P under subsection ( b ) or ( c ) o n l y if the e l i g i b i l i t y under its S t a t e plan under t i t l e X I X of the S o c i a l Sec u r i t y A c t ( i n c l u d i n g a n y w a i v e r under such t i t l e or under section 1115 of such A c t (42 U.S.C. 1315)) is no m o r e r e s t r i c t i v e than the e l i g i b i l i t y under such plan (or w a i v e r ) as in e f f e c t on October 1, 2001. ( g ! DEFINITIONS.—In this s e c t i o n : (1) F M A P . — T h e t e r m " F M A P " means the Federal m e d i c a l assistance percentage, as defined in section 1905(b) of the S o c i a l Secur i t y A c t (42 U.S.C. 1396d(b)). January 25, 2002 (2) STATE.—The t e r m " S t a t e " has the m e a n i n g g i v e n such t e r m tor purposes of t i t l e X I X of the S o c i a l S e c u r i t y A c t (42 U.S.C. 1396 et seq.). (h) IMPLEMENTATION FOR REMAINDER FISCAL Y E A R 2002.—The S e c r e t a r y of OF Health and H u m a n S e r v i c e s shall increase p a y m e n t s t o S t a t e s under t i t l e X I X f o r the second, third, and f o u r t h c a l e n d a r q u a r t e r s of f i s c a l y e a r 2002 to t a k e i n t o a c c o u n t the increases in the F M A P p r o v i d e d f o r in this s e c t i o n f o r fiscal y e a r 2002 i Including the f i r s t q u a r t e r of such fiscal y e a r i. SA 2720. Mrs. LINCOLN submitted an amendment intended to be proposed by her to the bill H.R. 622, to amend the Internal Revenue Code of 1986 to expand the adoption credit, and for other purposes; which was ordered to lie on the table; as follows: A t the end, add the f o l l o w i n g : SEC. . TAX INCENTIVES FOR QUALIFIED UNITED STATES INDEPENDENT FILM AND TELEVISION PRODUCTION, ( a ) IN GENERAL.—Subpart D of p a r t I V of subchapter A of c h a p t e r 1 of the I n t e r n a l R e v e n u e Code of 1986 ( r e l a t i n g to business related c r e d i t s ) is a m e n d e d by adding a t the end the f o l l o w i n g new s e c t i o n : "SEC. 45G. UNITED STATES INDEPENDENT FILM AND TELEVISION PRODUCTION WAGE CREDIT, " ( a ) A M O U N T OF C R E D I T . — " ( 1 ) IN GENERAL.—For purposes of s e c t i o n 38, the U n i t e d S t a t e s independent f i l m and television production wage credit determined under this s e c t i o n w i t h r e s p e c t to a n y t a x p a y e r f o r any t a x a b l e y e a r is an a m o u n t equal to 25 percent of the q u a l i f i e d w a g e s paid or incurred per q u a l i f i e d U n i t e d S t a t e s independent f i l m and t e l e v i s i o n p r o d u c t i o n during such t a x a b l e y e a r . "(2) HIGHER EMPLOYMENT PERCENTAGE IN C E R T A I N FOR PRODUCTION- AREAS.—In the case of q u a l i f i e d e m p l o y e e s in a n y qualified U n i t e d S t a t e s independent f i l m and t e l e v i s i o n p r o d u c t i o n l o c a t e d in an area e l i g i b l e f o r d e s i g n a t i o n as a l o w - i n c o m e c o m m u n i t y under s e c t i o n 45D or e l i g i b l e f o r d e s i g n a t i o n by the D e l t a R e g i o n a l A u t h o r i t y as a distressed c o u n t y or i s o l a t e d area of distress, p a r a g r a p h (1) shall be applied by s u b s t i t u t i n g '35 p e r c e n t ' f o r '25 p e r c e n t ' . " ( b ) O N L Y F I R S T $25,000 OF W A G E S P E R DUCTION T A K E N INTO A C C O U N T . — W i t h PRO- respect to each q u a l i f i e d U n i t e d S t a t e s independent f i l m and t e l e v i s i o n p r o d u c t i o n , the a m o u n t of q u a l i f i e d w a g e s paid or incurred to each q u a l i f i e d e m p l o y e e or personal s e r v i c e corp o r a t i o n w h i c h m a y be t a k e n i n t o a c c o u n t per such p r o d u c t i o n shall n o t exceed $25,000. "(c) QUALIFIED WAGES.—For purposes of this s e c t i o n — " ( 1 ) IN GENERAL.—The term 'qualified wages' means— " ( A ) a n y w a g e s paid or incurred by an emp l o y e r f o r s e r v i c e s p e r f o r m e d in the U n i t e d S t a t e s by an e m p l o y e e w h i l e such e m p l o y e e is a q u a l i f i e d e m p l o y e e . " ( B ) the e m p l o y e e f r i n g e b e n e f i t expenses of the e m p l o y e r a l l o c a b l e t o such s e r v i c e s p e r f o r m e d by such e m p l o y e e , " ( C ) a n y p a y m e n t s m a d e t o personal service corporations as defined in section 269A(b)(l) f o r services p e r f o r m e d in the U n i t e d S t a t e s , and " ( D ) r e n u m e r a t i o n , o t h e r than wages, f o r services p e r s o n a l l y rendered in the U n i t e d States. " ( 2 ) QUALIFIED 259 CONGRESSIONAL RECORD—SENATE EMPLOYEE,— " ( A ) IN GENERAL.—The t e r m -qualified e m p l o y e e ' means, w i t h r e s p e c t t o any period, a n y i n d i v i d u a l w h o renders personal s e r v i c e s if s u b s t a n t i a l l y a l l of such s e r v i c e s are perf o r m e d during such p e r i o d in an a c t i v i t y rel a t e d t o a n y q u a l i f i e d U n i t e d S t a t e s independent f i l m and t e l e v i s i o n p r o d u c t i o n . "(B) CERTAIN INDIVIDUALS NOT ELIGIBLE.— Such t e r m shall n o t i n c l u d e — " ( i ) a n y i n d i v i d u a l described in subparag r a p h ( A ) . (B), or ( C ) of section 51(i)(l). and " ( i i ) a n y 5-percent o w n e r (as defined in sect i o n 416(i)(l)(B). "(3) COORDINATION WITH OTHER WAGE CRED- ITS.—No c r e d i t shall be a l l o w e d under any o t h e r p r o v i s i o n of this c h a p t e r f o r w a g e s paid to a n y e m p l o y e e during- a n y t a x a b l e y e a r if t h e e m p l o y e r is a l l o w e d a c r e d i t under this s e c t i o n f o r a n y of such wages. " ( 4 ) WAGES.—The t e r m ' w a g e s ' has the s a m e m e a n i n g as when used in s e c t i o n 51. " ( 5 ) E M P L O Y E E FRINGE BENEFIT EXPENSES.— T h e t e r m ' e m p l o y e e f r i n g e b e n e f i t expenses' m e a n s the a m o u n t a l l o w a b l e as a d e d u c t i o n under this c h a p t e r t o the e m p l o y e r f o r a n y taxable year with respect to— " ( A ) e m p l o y e r c o n t r i b u t i o n s under s t o c k bonus, pension, p r o f i t - s h a r i n g , or a n n u i t y plan. " ( B ) employer-provided coverage under any a c c i d e n t or h e a l t h plan f o r e m p l o y e e s , and " ( C ) the c o s t of l i f e or d i s a b i l i t y insurance p r o v i d e d to e m p l o y e e s . A n y a m o u n t t r e a t e d as w a g e s under parag r a p h ( l K A ) shall n o t be t a k e n i n t o a c c o u n t under this subparagraph. "(d) QUALIFIED UNITED PENDENT F I L M AND T E L E V I S I O N STATES INDE- PRODUCTION.— F o r purposes of this s e c t i o n — " ( 1 ) IN GENERAL.—The term -qualified U n i t e d S t a t e s independent f i l m and t e l e v i s i o n p r o d u c t i o n ' m e a n s a n y p r o d u c t i o n of any motion picture (whether released t h e a t r i c a l l y or d i r e c t l y to v i d e o c a s s e t t e or a n y o t h e r f o r m a t ) , t e l e v i s i o n or cable prog r a m m i n g , m i n i series, episodic t e l e v i s i o n , m o v i e of the w e e k , or p i l o t p r o d u c t i o n f o r a n y of the p r e c e d i n g p r o d u c t i o n s i f — " ( A ) 75 p e r c e n t of the t o t a l w a g e s of the p r o d u c t i o n are q u a l i f i e d wages, " ( B ) the p r o d u c t i o n is c r e a t e d p r i m a r i l y f o r use as public e n t e r t a i n m e n t or f o r educ a t i o n a l purposes, and " ( C ) the t o t a l c o s t of w a g e s of the product i o n is m o r e than $200,000 but less than $10,000,000. Such t e r m shall n o t include a n y p r o d u c t i o n if records are required under s e c t i o n 2257 of t i t l e 18. U n i t e d S t a t e s Code, t o be m a i n tained w i t h respect to a n y p e r f o r m e r in such p r o d u c t i o n ( r e p o r t i n g of books, f i l m s , e t c . w i t h s e x u a l l y e x p l i c i t c o n d u c t ) . F o r purposes of subparagraph ( A ) , no day of p h o t o g r a p h y shall be considered a day of p r i n c i p a l p h o t o g r a p h y unless the cost of w a g e s f o r the prod u c t i o n f o r t h a t day exceeds the a v e r a g e d a i l y cost of w a g e s f o r such p r o d u c t i o n . "(2) PUBLIC ENTERTAINMENT.—The term •public e n t e r t a i n m e n t ' includes a m o t i o n p i c t u r e f i l m , v i d e o tape, or t e l e v i s i o n prog r a m i n t e n d e d f o r i n i t i a l broadcast v i a the public b r o a d c a s t s p e c t r u m or d e l i v e r e d via cable d i s t r i b u t i o n , or p r o d u c t i o n s t h a t are s u b m i t t e d to a n a t i o n a l o r g a n i z a t i o n in existence on J u l y 27. 2001, t h a t r a t e s f i l m s f o r v i o l e n t or a d u l t c o n t e n t . Such t e r m does n o t include any f i l m or tape the m a r k e t f o r w h i c h is p r i m a r i l y t o p i c a l , is o t h e r w i s e ess e n t i a l l y t r a n s i t o r y in nature, or is produced f o r p r i v a t e n o n c o m m e r c i a l use. "(3) INFLATION ADJUSTMENT.— " ( A ) IN GENERAL.—In the case of any taxable y e a r b e g i n n i n g in a c a l e n d a r y e a r a f t e r 2002. the $10,000,000 a m o u n t c o n t a i n e d in p a r a g r a p h <1>(C) shall be increased by an a m o u n t equal to— " ( i ) such d o l l a r a m o u n t , m u l t i p l i e d by " ( i i ) the c o s t - o f - l i v i n g a d j u s t m e n t under s e c t i o n 1(f)(3) f o r the c a l e n d a r y e a r in w h i c h the t a x a b l e y e a r begins, d e t e r m i n e d by subs t i t u t i n g ' c a l e n d a r y e a r 2001' f o r -calendar y e a r 1992' in subparagraph .". (C) N o C A R R Y B A C K S . — S u b s e c t i o n ( d ) o f s e c - t i o n 39 of the I n t e r n a l R e v e n u e Code of 1986 ( r e l a t i n g to c a r r y b a c k and c a r r y f o r w a r d of unused c r e d i t s ) is a m e n d e d by adding a t the end the f o l l o w i n g : "(11) No BEFORE CARRYBACK EFFECTIVE OF S E C T I O N DATE.—No 15G portion CREDIT of the unused business c r e d i t f o r a n y t a x a b l e y e a r w h i c h is a t t r i b u t a b l e to the U n i t e d S t a t e s independent f i l m and t e l e v i s i o n p r o d u c t i o n w a g e c r e d i t d e t e r m i n e d under section 45G m a y be c a r r i e d back to a t a x a b l e y e a r ending b e f o r e the d a t e of the e n a c t m e n t of section 45G.". (d) DENIAL OF DOUBLE BENEFIT.—Sub- s e c t i o n ( a ) of s e c t i o n 280C of the I n t e r n a l R e v e n u e Code of 1986 is a m e n d e d by inserting "45G(ai," after "45A(a),". ( e ) CONFORMING A M E N D M E N T . — T h e t a b l e s e c t i o n s f o r subpart c h a p t e r A of c h a p t e r enue Code of 1986 is the end the f o l l o w i n g of D of p a r t I V of sub1 of the I n t e r n a l R e v amended by adding- a t new i t e m : " S e c . 45G. U n i t e d S t a t e s independent f i l m and t e l e v i s i o n p r o d u c t i o n w a g e credit.". (f) EFFECTIVE DATE.—The amendments m a d e by this s e c t i o n shall a p p l y to a m o u n t s paid or incurred a f t e r the d a t e of the enactm e n t of this A c t in t a x a b l e y e a r s e n d i n g a f t e r such date. S A 2 7 2 1 . Mr. REID (for Mr. B A U C U S ) proposed an amendment to amendment SA 2698 submitted by Mr. D A S C H L E and intended to be proposed to the bill (H.R. 622) to amend the Internal Revenue Code of 1986 to expand the adoption credit, and for other purposes; as follows: A t the end add the following 1 : 260 CONGRESSIONAL RECORD—SENATE TITLE —EMERGENCY AGRICULTURE ASSISTANCE Subtitle A—Income Loss Assistance SEC. 01. INCOME LOSS ASSISTANCE. ( a ) IN GENERAL.—The S e c r e t a r y of A g r i culture ( r e f e r r e d to in this t i t l e as the " S e c r e t a r y " ) shall use $1,800,000,000 of funds of the C o m m o d i t y C r e d i t C o r p o r a t i o n t o m a k e e m e r g e n c y f i n a n c i a l assistance a v a i l a b l e t o producers on a f a r m t h a t h a v e Incurred q u a l i f y i n g i n c o m e losses in c a l e n d a r y e a r 2001. ( b ) ADMINISTRATION.—The S e c r e t a r y shall m a k e assistance a v a i l a b l e under this s e c t i o n in the same m a n n e r as p r o v i d e d under sect i o n 815 of the A g r i c u l t u r e , R u r a l D e v e l o p m e n t , F o o d and Drug A d m i n i s t r a t i o n , and R e l a t e d A g e n c i e s A p p r o p r i a t i o n s A c t , 2001 ( P u b l i c L a w 105-277; 114 S t a t . 1549A-55), including using the same loss thresholds f o r the q u a n t i t y and e c o n o m i c losses as w e r e used in a d m i n i s t e r i n g t h a t s e c t i o n . (C) USE OF FUNDS FOR CASH PAYMENTS.— T h e S e c r e t a r y m a y use funds made a v a i l a b l e under this section to m a k e , in a m a n n e r cons i s t e n t w i t h this s e c t i o n , cash p a y m e n t s n o t f o r c r o p disasters, but f o r i n c o m e loss t o c a r r y o u t the purposes of this section. SEC. 02. LIVESTOCK ASSISTANCE PROGRAM. ( a ) IN GENERAL.—The S e c r e t a r y shall use $500,000,000 of the funds of the C o m m o d i t y C r e d i t C o r p o r a t i o n to m a k e and a d m i n i s t e r p a y m e n t s f o r l i v e s t o c k losses to producers f o r 2001 losses in a c o u n t y t h a t has r e c e i v e d an e m e r g e n c y d e s i g n a t i o n by the P r e s i d e n t or the S e c r e t a r y a f t e r J a n u a r y 1, 2001, of w h i c h $12,000,000 shall be made a v a i l a b l e f o r the A m e r i c a n Indian livestock program under section 806 of the A g r i c u l t u r e , R u r a l D e v e l o p m e n t , Food and Drug- A d m i n i s t r a tion, and R e l a t e d A g e n c i e s A p p r o p r i a t i o n s A c t , 2001 ( P u b l i c L a w 105-277; 114 S t a t . 1549A51). ( b ) ADMINISTRATION.— 1 The S e c r e t a r y shall m a k e assistance a v a i l a b l e under this section in the same m a n n e r as provided under sect i o n 806 of the A g r i c u l t u r e , R u r a l D e v e l o p m e n t , F o o d and Drug A d m i n i s t r a t i o n , and R e l a t e d A g e n c i e s A p p r o p r i a t i o n s A c t , 2001 ( P u b l i c L a w 105-277; 114 S t a t . 1549A-51). Subtitle B—Administration SEC. 11. COMMODITY CREDIT CORPORATION. T h e S e c r e t a r y shall use the funds, f a c i l i ties, and a u t h o r i t i e s of the C o m m o d i t y Credi t C o r p o r a t i o n to c a r r y o u t this t i t l e . SEC. 12. ADMINISTRATIVE EXPENSES. ( a ) IN GENERAL.—In a d d i t i o n to funds otherwise a v a i l a b l e , n o t l a t e r than 30 days a f t e r the date of e n a c t m e n t of this A c t , out of any funds in the T r e a s u r y n o t o t h e r w i s e appropriated, the S e c r e t a r y of the T r e a s u r y shall t r a n s f e r t o the S e c r e t a r y of A g r i c u l t u r e t o pay the salaries and expenses of the Departm e n t of A g r i c u l t u r e in c a r r y i n g out this t i t l e $50,000,000, to r e m a i n a v a i l a b l e until expended. (b) RECEIPT AND ACCEPTANCE.—The Sec- r e t a r y shall be e n t i t l e d to r e c e i v e , shall accept, and shall use t o c a r r y out this section the funds t r a n s f e r r e d under subsection (a), without further appropriation. SEC. 13. REGULATIONS. ( a ) IN GENERAL.—The S e c r e t a r y m a y prom u l g a t e such r e g u l a t i o n s as are necessary t o i m p l e m e n t this t i t l e . (bi PROCEDURE.—The p r o m u l g a t i o n of the r e g u l a t i o n s and a d m i n i s t r a t i o n of this subt i t l e shall be made w i t h o u t regard t o — (1) the n o t i c e and c o m m e n t p r o v i s i o n s of section 553 of t i t l e 5, U n i t e d S t a t e s Code; (2) the S t a t e m e n t of P o l i c y of the Secr e t a r y of A g r i c u l t u r e e f f e c t i v e J u l y 24. 1971 (36 Fed. R e g . 13804). r e l a t i n g to n o t i c e s of proposed r u l e m a k i n g and public p a r t i c i p a t i o n in r u l e m a k i n g ; and (3) c h a p t e r 35 of t i t l e 44, U n i t e d S t a t e s Code ( c o m m o n l y k n o w n as the " P a p e r w o r k Reduction A c t " ) . (c) CONGRESSIONAL REVIEW OF AGENCY RULEMAKING.—In c a r r y i n g out this section, the S e c r e t a r y shall use the a u t h o r i t y provided under section 808 of t i t l e 5, United S t a t e s Code. S A 2722. Mr. A L L A R D (for himself, M r . HATCH, a n d M r . A L L E N ) s u b m i t t e d an amendment intended to be proposed by him to the bill H.R. 622, to amend the Internal Revenue Code of 1986 to expand the adoption credit, and for other purposes; which was ordered to lie on the table; as follows; A t the a p p r o p r i a t e place, insert the f o l lowing: SEC. . PERMANENT EXTENSION OF RESEARCH CREDIT; INCREASE IN RATES OF ALTERNATIVE INCREMENTAL CREDIT. (a) PERMANENT EXTENSION OF RESEARCH CREDIT.— (1) IN GENERAL.—Section 41 of the I n t e r n a l R e v e n u e Code of 1986 ( r e l a t i n g to c r e d i t f o r increasing research a c t i v i t i e s ) is amended by s t r i k i n g subsection (h). (2) CONFORMING AMENDMENT.—Paragraph (1) of s e c t i o n 45C(b) of such Code is amended by s t r i k i n g subparagraph (D). (3) EFFECTIVE DATE.—The amendments made by this subsection shall apply to a m o u n t s paid or incurred a f t e r the date of the e n a c t m e n t of this A c t . (b) INCREASE CREMENTAL IN R A T E S OF A L T E R N A T I V E IN- CREDIT.— (1) IN GENERAL.—Subparagraph ( A ) of sect i o n 41(c)(4) of the I n t e r n a l R e v e n u e Code of 1986 ( r e l a t i n g t o e l e c t i o n of a l t e r n a t i v e inc r e m e n t a l c r e d i t ) is amended— ( A ) by s t r i k i n g "2.65 p e r c e n t " and inserting " 3 p e r c e n t " , ( B ) by s t r i k i n g "3.2 p e r c e n t " and i n s e r t i n g " 4 p e r c e n t " , and ( C ) by s t r i k i n g "3.75 p e r c e n t " and i n s e r t i n g "5 percent". (2) EFFECTIVE DATE.—The amendments m a d e by this subsection shall apply to taxable y e a r s ending a f t e r the date of the enactm e n t of this A c t . ORDER OF BUSINESS Mr. LUGAR. Mr. President, I ask unanimous consent that I be allowed to speak in morning' business for more than 10 minutes. The PRESIDING OFFICER (Mr. JEFFORDS). Without objection, it is so ordered. Mr. LUGAR. I thank the Chair. NATO'S ROLE IN THE WAR ON TERRORISM Mr. LUGAR. Mr. President, I enjoyed the opportunity last week in Brussels, Belgium, to address the permanent representatives to the North Atlantic Treaty Organization, NATO, on the subject of the Alliance's forthcoming' summit in Prague next November, as well as the likely ag-enda that will include the issues of NATO enlargement and Russia-NATO cooperation. Perhaps more importantly, I was asked to consider and discuss with the January 25, 2002 Ambassadors of NATO the Alliance's future 3, 5, and 10 years out and to assess the impact of the events of September 11 ancl the consequent war on terrorism with the future role of NATO. These are the comments I made on that occasion. There are moments in history when world events suddenly allow us to see the challeng-es facing our societies with a degree of clarity previously unimaginable. The events of September 11 have created one of those rare moments. We can see clearly the challenges we face and now confront and what needs to be done. September 11 forced Americans to recognize that the United States is exposed to an existential threat from terrorism and the possible use of weapons of mass destruction by terrorists. Meeting that threat is the premier security challenge of our time. There is a clear and present danger that terrorists will gain the capability to carry out catastrophic attacks on Europe and the United States using nuclear, biological, or chemical weapons. In 1996, I made, the Chair will recall, an unsuccessful bid for the Presidency of the United States. Three of my campaign television ads on that occasion, widely criticized for being farfetched and grossly alarming, depicted a mushroom cloud and warned of the existential threat posed by the growing clangers of weapons of mass destruction in the hands of terrorist groups. I argued that the next President should be selected on the basis of being' able to meet that challenge. Recently, those ads have been replayed on national television and are viewed from a different perspective. The images of those planes crashing into the World Trade Center on September 11 will remain with us all for some time to come. We might not have been able to prevent the attacks of September 11. but we can draw the right lessons from those events now, and one of those lessons is just how vulnerable our societies are to such attacks. September 11 has destroyed many myths. One of those was the belief that the West was no longer threatened after the collapse of communism and our victory in the cold war, and perhaps nowhere was that myth stronger than in the United States where many Americans believed that America's strength made us invulnerable. We know now we are all vulnerable—Americans and Europeans. The terrorists seek massive impact through indiscriminate killing of people ancl destruction of institutions, historical symbols, and the basic fabric of our societies. The next attack, however, could just as easily be in London, Paris, or Berlin as in Washington, and it could, or is even likely to, involve weapons or materials of mass destruction. January 25, 2002 CONGRESSIONAL RECORD—SENATE The sober reality is that the danger of Americans and Europeans beingkilled today at work or at home is perhaps greater than at any time in recent history. Indeed, the threat we face today may be just as existential as the one we faced during the cold war since it is increasingly likely to involve the use of weapons of mass destruction against our societies. We are again at one of those moments when we must look in the mirror and ask ourselves whether we as leaders are prepared to draw the right conclusions and do what we can now to reduce that threat or whether it will take another, even deadlier, attack to force us into action. Each of us recognizes that the war against terrorism and weapons of mass destruction must be fought on many fronts—at home and abroad—and it must be fought with many tools—political. economic, and military. President Bush is seeking to lead a global coalition in a global war to root out terrorist cells and stop nation states from harboring terrorists. The flip side of this policy is one that I have spent a lot of time thinking about; namely, the urgent need to extend the war on terrorism to nuclear, biological, and chemical weapons. A1Qaida-like terrorists will use NBC weapons if they can obtain them. Our task can be succinctly stated: Together we must keep the world's most dangerous technologies out of the hands of the world's most dangerous people. The events of September 11 and the subsequent public discovery of alQaida's methods, capabilities, ancl intentions have finally brought the vulnerability of our countries to the forefront. The terrorists have demonstrated suicidal tendencies and are beyond deterrence. We must anticipate they will use weapons of mass destruction in NATO countries if allowed that opportunity. Without oversimplifying- the motivations of terrorists in the past, it appears that most acts of terror attempted to bring about change in a regime or change in governance or status in a community or state. Usually, the terrorists made demands that could be negotiated or accommodated. The targets were selected to create and increase pressure for change. In contrast, the al-Qaida terrorist attacks on the United States were planned to kill thousands of people indiscriminately. There were no demands for change or negotiation. Osama bin Laden was filmed conversing about results of the attack which exceeded his earlier predictions of destruction. Massive destruction of institutions, wealth, national morale, and innocent people was clearly his objective. Over 3,000 people from a host of countries perished. Recent economic estimates indicate $60 billion of loss to the United States economy from all facets of the September 11 attacks and the potential loss of over 1.6 million jobs. Horrible as these results have been, military experts have written about the exponential expansion of those losses had the al-Qaida terrorists used weapons of mass destruction. The minimum standard for victory in this kind of war is the prevention of any of the individual terrorists or terrorist cells from obtaining weapons or materials of mass destruction. The current war effort in Afghanistan is destroying the Afghan-based alQaida network and the Taliban regime. The campaign is also designed to demonstrate that governments that are hosts to terrorists face retribution. But as individual NATO countries prosecute this war. NATO must pay much more attention to the other side of the equation—that is, making certain that all weapons and materials of mass destruction are identified, continuously guarded, and systematically destroyed. Unfortunately, beyond Russia and other states of the former Soviet Union, Nunn-Lugar-style cooperative threat reduction programs aimed at non-proliferation do not exist. They must now be created on a global scale, with counter-terrorism joining counter-proliferation as our primary objectives. Today we lack even minimal international confidence about many weapons programs, including the number of weapons or amounts of materials produced. the storage procedures employed, and production or destruction programs. NATO allies must join with the United States to change this situation. We need to join together to restate the terms of minimal victory in the war against terrorism we are currently fighting—to wit. that every nation that has weapons and materials of mass destruction must account for what it has, spend its own money or obtain international technical and financial resources to safely secure what it has. and pledge that no other nation, cell or cause will be allowed access to or use of these weapons or materials. Some nations, after witnessing the bombing of Afghanistan and the destruction of the Taliban government, may decide to proceed along a cooperative path of accountability regarding their weapons and materials of mass destruction. But other states may decide to test the U.S. will and stayingpower. Such testing will be less likely if the NATO allies stand shoulder to shoulder with the U.S. in pursuing such a counter-terrorism policy. The precise replication of the NunnLugar program will not be possible everywhere, but a satisfactory level of accountability, transparency ancl safety can and must be established in every nation with a weapons of mass destruction program. When such nations resist such accountability, or their governments make their territory available 261 to terrorists who are seeking weapons of mass destruction, then NATO nations should be prepared to join with the U.S. to use force as well as all diplomatic ancl economic tools at their collective disposal. I do not mention the use of military force lightly or as a passing comment. The use of military force could mean war against a nation state remote from Europe or North America. This awesome contingency requires the utmost in clarity now. Without being redundant, let me describe the basic elements of such a strategy even more explicitly. NATO should list all nation states which now house terrorist cells, voluntarily or involuntarily. The list should be supplemented with a map which illustrates to all of our citizens the location of these states, and how large the world is. Through intelligence sharing, termination of illicit financial channels, support of local police work, diplomacy, and public information, NATO and a broader coalition of nations fighting terrorism will seek to root out each cell in a comprehensive manner for years to come and keep a public record of success that the world can observe and measure. If we are diligent and determined, we will end most terrorist possibilities. Perhaps most importantly, we will draw up a second list that will contain all of the states that have materials, programs, and/or weapons of mass destruction. We will demand that each of these nation states account for all of the materials, programs, and weapons in a manner which is internationally verifiable. We will demand that all such weapons ancl materials be made secure from theft or threat of proliferation using the funds of that nation state and supplemented by international funds if required. We will work with each nation state to formulate programs of continuing accountability and destruction which may be of mutual benefit to the safety of citizens in the host state as well as the international community. The latter will be a finite list, and success in the war against terrorism will not be achieved until all nations on that list have complied with these standards. The Nunn-Lugar program has demonstrated that extraordinary international relationships are possible to improve controls over weapons of mass destruction. Programs similar to the Nunn-Lugar program should be established in each of the countries in the coalition against terrorism that wishes to work with the United States and hopefully its NATO allies on safe storage. accountability and planned destruction. If these remarks had been delivered before September 11, I would now offer some eloquent thoughts about the importance of continuing NATO enlargement and of trying to build a cooperative NATO-Russian relationship. In a 262 CONGRESSIONAL RECORD—SENATE January 25, 2002 speech last summer preceding the re- lion's share of burden of the military NATO cooperation with Russia or with markable call by President Bush in role of the war on terrorism and we had respect to new missions such as a war against terrorism. This school would be Warsaw for a NATO which stretched the capability to do so. But U.S. reticence to turn to NATO willing to enlarge to some additional from the Baltics to the Black Sea, I listed Slovenia, Slovakia, Estonia, Lat- was also tied to other facts. Some countries but is much more cautious via, Lithuania, Romania, and Bulgaria Americans have lost confidence in the about NATO-Russia cooperation. It is as strong candidates for membership Alliance. Years of cuts in defense willing to work with allies on future consideration. I visited five of these spending and failure to meet pledge missions, but on an ad hoc basis and countries last summer to encourage after pledge to improve European mili- not as an Alliance, lest a NATO framecontinuing progress in meeting the cri- tary capabilities has left some Ameri- work create "war by committee" and teria for joining the Alliance. After ten cans with doubts as to what our allies coalition "drag" on the prosecution of years of hands-on experience in work- could realistically contribute. Rightly hostilities. It prefers a division of labor ing with Russian political, military, or wrongly, the legacy of Kosovo has whereby the U.S. focuses on the big and scientific leaders to carefully se- reinforced the concern that NATO is wars and leaves peacekeeping in and cure and to destroy materials and not up to the job of fighting a modern around Europe to the Europeans. weapons of mass destruction in cooper- war. The U.S. did have confidence in a A third way of thinking about NATO ative threat reduction programs, I an- select group of individual allies. But it is to see it as the natural defense arm ticipate that a new NATO-Russian re- did not have confidence in the institu- of the trans-Atlantic community and lationship could be of enormous benefit tion that is NATO. The fact that some the institution we should turn to for in meeting the dangerous challenges military leaders of NATO's leading help in meeting new challenges such as which we must now confront together. power didn't want to use the Alliance terrorism and weapons of mass destrucIn many ways, September 11 has it has led for half a century is a wor- tion. With Europe increasingly secure, strengthened my conviction that both rying sign. the Alliance needs to be "retooled" so of these efforts are critical. Some in Washington did suggest to that it can handle the most critical But they can no longer be our only the Administration that it could and threats to our security. If that means major priorities. As important as they should be more creative in involving- it has to go beyond Europe in the fuare, neither NATO enlargement nor NATO. Senator J O S E P H B I D E N and I , for ture, so be it. This last way of thinking about NATO-Russia cooperation is the most example, wrote an "op-ed" suggesting critical issue facing our nations today. a number of tasks the Alliance could NATO's future is closest to my own for That issue is the war on terrorism. assume in the war on terrorism. But I several reasons. First, I have always NATO has to decide whether it wants am not here to second-guess the Presi- had a problem with the "division of to participate in this war. It has to de- dent and his national security team on labor" argument that assumes the U.S. cide whether it wants to be relevant in these issues. Whether we should have will handle the big wars outside of Euaddressing the major security chal- used NATO more is a question best left rope and lets Europeans take care of lenge of our day. Those of us who have to future historians. The strategy the the small wars within Europe. It prebeen the most stalwart proponents of U.S. employed in Afghanistan worked, supposes that the U.S. has less interest enlargement in the past have an obli- and I congratulate the Administration in Europe and that Europeans have less interests in the rest of the world. Both gation to point out that, as important for that success. as NATO enlargement remains, the The key issue is: where do we go from are wrong. We have interests in Europe major security challenge we face today here? Will we—Americans and Euro- and Europeans have interests in the is the intersection of terrorism with peans—now decide to prepare NATO for rest of the world—and we should be weapons of mass destruction. the next stages in the war against ter- trying to tackle them together. Second, the U.S. needs a military alIf we fail to defend our societies from rorism? If not, how should we organize a major terrorist attack involving outside of NATO to meet the military liance with Europe to confront effecweapons of mass destruction, we and challenges of the war on terrorism? tively problems such as terrorism and the Alliance will have failed in the What do we want NATO to look like in weapons of mass destruction. We canmost fundamental sense of defending' three to five years? How do we launch not do it on an ad hoc basis. We were our nations and our way of life—and ul- that process between now and the willing to proceed more or less alone in Afghanistan. But we might not be so timately no one will care what NATO Prague summit next November? did or did not accomplish on enlargeWe will not find a single American inclined next time, depending on the ment at the Prague summit in Novem- answer to these questions. Indeed, as I circumstances. What if the next attack ber this year. That's why the Alliance listen to the administration and my is on Europe—or on America and Eumust fundamentally rethink its role in colleagues around Washington, I hear rope simultaneously? The model used the world in the wake of September 11. very different views. One school of in Afghanistan would not work in those At the Washington summit in the thought holds that NATO should sim- scenarios. Americans expect our closspring of 1999, NATO heads of state ply remain the guarantor of peace in est allies to fight with us in this war on made a bold statement. They stated Europe. With successful integration of terrorism—and they expect our leaders that they wanted NATO to be as rel- all of Central and Eastern Europe into to come up with a structure that alevant to the threats of the next 50 the Alliance, they see NATO's next pri- lows us to do so promptly and successyears as it was to the threats of the ority as trying to integrate Russia and fully. Ukraine into European security via the past five decades. Third, the problem we faced in The Alliance invoked Article 5 for new NATO-Russia Council. They accept Kosovo, and the problems we are enthe first time in its history in response the fact that NATO is likely to become countering with respect to developing to September 11. But, NATO itself has more and more a political organization adequate military capabilities to meet only played a limited, largely political such as the OSCE but one with at least the new threats, do not lead me to conand symbolic role in the war against some military muscle. They consider clude that the answer is to reduce terrorism. To some degree, Washing- any attempt to give the Alliance a NATO to a purely political role. Rathton's reluctance to turn to NATO was military role beyond Europe "a bridge er, they are arguments to expand our tied to the fact that the U.S. had to too far." If all NATO does is keep the efforts to fix capability problems so scramble to put together a military re- peace in an increasingly secure Europe, that NATO can operate more effecsponse involving logistics, basing and that's enough. tively in the future. Americans do not special forces quickly—and it was easiA second school thinks NATO as it is want to carry the entire military burer to do that ourselves. Since it was currently constituted is about the best den of the war on terrorism by themthe U.S. itself that was attacked, we we can do. It does not want to take a selves. Nor should we. We want allies were highly motivated to assume the big leap forward either with regard to to share the burden. The last attack January 25, 2002 263 CONGRESSIONAL RECORD—SENATE may have been unique in that regard. We were shocked by attacks on our homeland. The U.S. was prepared to respond immediately and to do most of the work itself. But what if the next attack is on Brussels, or on Prance and the U.S. at the same time? Finally, some of my critics have said: Senator, that is a great idea but it simply is not "doable." And it would be a mistake even to try because you might fail and that would embarrass President Bush and hurt the Alliance. I find it hard to believe that the U.S. and Europe—some of the richest and most advanced countries in the world—are incapable of organizing themselves to come up with an effective military alliance to fight this new threat. When NATO was founded, there were those who said it would be impossible to have a common strategy toward the Soviet Union. And in early 1993 when I delivered my first speech calling for NATO not only to enlarge but to prepare for substantial "out of area" activities, many people told me that what I was proposing ran the risk of destroying the Alliance. Those of us who believed in NATO enlargement stuck to our guns. We now have three new Permanent Representatives at NATO Headquarters, and a much more vital NATO as a result. My view can be easily summarized. America is at war and feels more vulnerable than at any time since the end of the cold war and perhaps since World War II. The threat we face is global and existential. We need allies and alliances to confront it effectively. Those alliances can no longer be circumscribed by artificial geographic boundaries. All of America's alliances are going to be reviewed and recast in light of this new challenge, including NATO. If NATO is not up to the challenge of becoming effective in the new war against terrorism, then our political leaders may be inclined to search for something else that will answer this need. I believe that September 11 opened an enormous opportunity to revitalize the trans-Atlantic relationship. It would be a mistake to let this opportunity slip through our fingers. Neither side of the Atlantic has thus far grasped that opportunity fully. It is a time to think big, not small. It is a time when our proposals should not be measured by what we think is "doable" but rather shaped by what needs to be done to meet the new existential threat we face. In the early 1990s we needed to make the leap from NATO defending Western Europe to the Alliance assuming responsibility for the continent as a whole. Today we must make a further leap and recognize that, in a world in which terrorist threats can be planned in Germany, financed in Asia, and carried out in the United States, old distinctions between " i n " and "out of area" have become utterly meaningless. Indeed, given the global nature of terrorism, boundaries and other geographical distinctions are without relevance. At NATO's founding on April 4. 1949. President Harry S Truman described the creation of the Alliance as a neighborly act taken by countries conscious of a shared heritage and common values. as democracies determined to defend themselves against the threat they faced. Those same values that Truman talked about defending in 1949 are under attack today, but this time from a very different source. In 1949, President Truman went on to say that the Washington Treaty was a very simple document, but one that might have prevented two world wars had it been in existence in 1914 or 1939. Protecting Western Europe, he opined, was an important step toward creating peace in the world. And he predicted that the positive impact of NATO would be felt beyond its borders and throughout the World. Those words strike me as prescient today. Truman was right. NATO prevented war in Europe for 50 years. It is now in the process of making all of Europe safe and secure and of building a new relationship with Russia. That, in itself, is a remarkable accomplishment. But if NATO does not help tackle the most pressing security threat to our countries today—a threat I believe is existential because it involves the threat of weapons of mass destruction—it will cease to be the premier alliance it has been and will become increasingly marginal. That is why NATO's agenda for Prague has to be both broadened—and integrated. While NATO enlargement and deepened NATO-Russia cooperation will be central to the summit's agenda, they must now be complemented by a plan to translate the fighting of terrorism into one of NATO's central military missions. NATO enlargement and NATO-Russia cooperation should be pursued in a way that strengthens, not weakens, that agenda. This means that new members must be willing and able to sign up to new NATO requirements in this area, and that the new NATO-Russia Council must be structured in a way that strongly supports the Alliance in undertaking such new military tasks. To leave NATO focused solely on defending the peace in Europe from the old threats would be to reduce it to sort of a housekeeping role in an increasingly secure continent. To do so at a time when we face a new existential threat posed by terrorism and weapons of mass destruction will condemn it to a marginal role in meeting the major challenge of our time. That is why this issue has to be front and center on NATO's agenda before, during and after Prague. The reality is that we can launch the next round of NATO enlargement as well as a new NATO-Russia relationship at Prague, and the Alliance can still be seen as failing—that's right, failing—unless it starts to transform itself into an important new force in the war on terrorism. I plan to work with the Bush administration in the months and years ahead in an effort to promote such a transformation of the Alliance and hope that Allied governments as well as Members of Congress and the members of the legislatures we represent will strongly, enthusiastically join me in this effort. I yield the floor. Mr. President, 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. EXECUTIVE SESSION E X E C U T I V E C A L E N D A R Mr. R E I D . Mr. President, I ask unanimous consent that the Senate proceed to executive session to consider the following nominations: 470. 567. 569. 618, 619, 620. 622. 623. 625 through 633. 635. 636. 638, 639, 640. 641. 642. 648. 649. 652 through 657, 659. 660, 661, and the nominations placed 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, and any statements be printed in the R E C O R D . The PRESIDING OFFICER. Without objection, it is so ordered. The nominations considered and confirmed en bloc are as follows: SMALL BUSINESS ADMINISTRATION Thomas M. Sullivan, of Massachusetts, to be Chief Counsel for A d v o c a c y , Small Business A d m i n i s t r a t i o n . D E P A R T M E N T OP STATU Christopher B a n c r o f t Burnham. of Connecticut. to be Chief Financial Officer. Department of State. Christopher B a n c r o f t Burnham, of Connecticut. to be an Assistant Secretary of S t a t e (Resource Management). (New Position) D E P A R T M E N T OF T H E INTERIOR Harold Craig Manson. of California, to be Assistant Secretary for Fish and W i l d l i f e . D E P A R T M E N T OF ENERGY Michael Smith, of Oklahoma, to be an Assistant Secretary of Energy (Fossil Energy). Beverly Cook, of Idaho, to be an Assistant Secretary of Energy (Environment, Safety and Health). D E P A R T M E N T OF T H E INTERIOR Rebecca W. Watson, of Montana, to be an Assistant Secretary of the Interior. 264 CONGRESSIONAL RECORD—SENATE J e f f r e y D. Jarrett, of Pennsylvania, to be Director of the Office of Surface Mining- Reclamation and Enforcement. D E P A R T M E N T OF STATE W i l l i a m R. Brownfield, of Texas, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and P l e n i p o t e n t i a r y of the United States of A m e r i c a to the Republic and Chile. John V. Hanford III, of V i r g i n i a , to be Ambassador at L a r g e for International R e l i gious Freedom. Donna Jean Hrinak, of Virginia, a Career Member of the Senior Foreign Service, Class of Career Ministery, to be Ambassador Extraordinary and P l e n i p o t e n t i a r y of the United States of A m e r i c a to the Federative Republic of Brazil. James David McGee, of Florida, a Career Member of the Senior Foreign Service, Class of Counselor, to be Ambassador Extraordinary and P l e n i p o t e n t i a r y of the United States of A m e r i c a to the Kingdom of Swaziland. Kenneth P. Moorefield, of Florida, a Career Member of the Senior Foreign Service, Class of Career Minister, to serve concurrently and without additional compensation as Ambassador Extraordinary and P l e n i p o t e n t i a r y of the United States of A m e r i c a to the Democratic Republic of Sao T o m e and Principe. Kenneth P. Moorefield, of Florida, a Career Member of the Senior Foreign Service, Class of Career Minister, to be Ambassador Extraordinary and P l e n i p o t e n t i a r y of the United States of A m e r i c a to the Gabonese Republic. John D. Ong, of Ohio, to be Ambassador Extraordinary and P l e n i p o t e n t i a r y of the United States of A m e r i c a to Norway. Earl N o r f l e e t Phillips, Jr., of N o r t h Carolina. to be Ambassador Extraordinary and P l e n i p o t e n t i a r y of the United States of A m e r i c a to Barbados, and to serve concurrently and without additional compensation as Ambassador Extraordinary and Plenipotentiary of the United States of A m e r i c a to St. K i t t s and Nevis, Saint Lucia, Antigua and Barbuda, the Commonwealth of Dominica, Grenada, and Saint Vincent and the Grenadines. John Price, of Utah, to be Ambassador Extraordinary and P l e n i p o t e n t i a r y of the United States of A m e r i c a to the Republic of M a o r i t o s , and t o serve concurrently and without additional compensation as Ambassador Extraordinary and P l e n i p o t e n t i a r y of the United States of A m e r i c a to the Federal and Islamic Republic of the Comoros and Ambassador Extraordinary and Plenipotentiary of the United States of A m e r i c a to the Republic of Seychelles. Charles S. Shapiro, of Georgia, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and P l e n i p o t e n t i a r y of the United States of A m e r i c a to the Bolivarian Republic of Venezuela. Arthur E. Dewey, of Maryland, to be an Assistant Secretary of State (Population, Refugees, and Migration). UNITED S T A T E S A G E N C Y FOR INTERNATIONAL DEVELOPMENT Frederick W. Schieck, of Virginia, to be Deputy A d m i n i s t r a t o r of the United States Agency for International Development. A d o l f o A. Franco, of Virginia, to be an Assistant A d m i n i s t r a t o r of the United States A g e n c y for International Development. Roger P. Winter, of Maryland, to be an Assistant A d m i n i s t r a t o r of the United States Agency for International Development. PEACE CORPS Gaddi H. Vasquez, of California, to be Director of the Peace Corps, Josephine K. Olsen, of Maryland, to be Deputy Director of the Peace Corps. D E P A R T M E N T OF J U S T I C E David Preston Y o r k , of Alabama, to be United States A t t o r n e y for the Southern District of Alabama for the term of four years. Michael A . Battle, of New Y o r k , to be United States A t t o r n e y for the Western District of New Y o r k for a term of four years. Dwight M a c K a y , of Montana, to be United States Marshal for the District of Montana for the term of four years. Mauricio J. T a m a r g o , of Florida, to be Chairman of the Foreign Claims S e t t l e m e n t Commission of the United States for a term expiring September 30, 2003. D E P A R T M E N T OF T H E TREASURY B. John Williams, Jr., of Virginia, to be Chief Counsel for the Internal Revenue Service and an Assistant General Counsel in the Department of the Treasury. D E P A R T M E N T OF H E A L T H AND HUMAN SERVICES Janet Hale, of Virginia, to be an Assistant Secretary of Health and Human Services. Joan E. Ohl, of West Virginia, to be Commissioner on Children, Y o u t h , and Families, Department of Health and Human Services. D E P A R T M E N T OF T H E TREASURY Richard Clarida, of Connecticut, to be an Assistant Secretary of the Treasury. SOCIAL SECURITY ADMINISTRATION James B. Lockhart, III, of Connecticut, to be Deputy Commissioner of Social Security for a term of six years. Harold Daub, of Nebraska, to be a Member of the Social Security A d v i s o r y Board for the remainder of the term expiring September 30, 2006. D E P A R T M E N T OF ENERGY E v e r e t Beekner, of New Mexico, to be Deputy Administrator for Defense Programs, National Nuclear Security Administration. N O M I N A T I O N S P L A C E D ON T H E SECRETARY'S DESK FOREIGN SERVICE PN1245 Foreign Service nominations (127) beginning P a t r i c k C. Hughes, and ending Mason Yu, which nominations were received by the Senate and appeared in the Congressional Record of November 27, 2001. PN1246 Foreign Service nominations (159) beginning Kathleen T . Albert, F L , and ending Sunghwan Y i , which nominations were received by the Senate and appeared in the Congressional Record of November 27 , 2001. PN1141-1 Foreign Service nominations (149) beginning Shaun Edward Donnelly, and ending Charles R. Wills, which nominations were received by the Senate and appeared in the Congressional Record of October 16, 2001. N O M I N A T I O N OF M I C H A E L SMITH January 25, 2002 only high school in the Nation with a producing oil well in the middle of the front sidewalk." Mike then proudly donned the crimson and cream of the University of Oklahoma for 7 years while earning his undergraduate and law degrees. Immediately thereafter, he patriotically donned Army green during the Vietnam war. As an attorney he has re presented oil and gas workers, drilling contractors, service companies, exploration firms, independents, and, ultimately, larger operators. He knows business, too, having run a small, independent oil and gas company in central and western Oklahoma. He has served on the board of directors of the Oklahoma Independent Petroleum Association and been its president. Moreover, Mike Smith brings to the Department of Energy an excellent background in government service. He served on the Oklahoma Energy Resources Board, a State agency, providing environmental cleanup and public education, voluntarily funded by our State's producers and royalty owners. Mike served under the sky blue and buckskin tan flag of Oklahoma when Gov. Frank Keating appointed him to be Oklahoma's Secretary of Energy. In that capacity Mike served my State as its official representative to the Interstate Oil and Gas Compact Commission, the Interstate Mining Compact Commission, the Southern States Energy Board, and the Governors' Ethanol Coalition. President Bush has assembled a banner group to assist him in running the Department of Energy, beginning with my friend and former colleague, Secretary Spence Abraham. Mike Smith is of the highest caliber ancl another trueblue selection by President Bush. I am proud of my fellow Oklahoman. I am excited to work closely with him to develop our national energy policy, particularly to ensure adequate supplies of affordable and clean energy, America's energy strengths derive from the rich natural bounty of our coal, our natural gas, and our oil, as well as from our blessed human ingenuity fostered by America's free market. • Mr. INHOFE. Mr. President, I am pleased to stand before the Senate I am proud to testify to my fellow today to wholeheartedly endorse the that America's energy nomination of Mike Smith to be the Americans Assistant Secretary of Energy for Fos- strengths will be handled with flying colors by the ingenuity of Oklahoman sil Energy. Mike is a red-white-and-blue Amer- Mike Smith.* ican. He has an outstanding pedigree Mr. REID. Mr. President, as the maincluding- the good common sense to jority leader indicated earlier today, come from the great S tclt© of Okla- we have confirmed, I believe, 43 nomihoma. In fact, in his own words, " I was nations including action on today's 2 born and raised in the middle of the judges. That is really a g'ood piece of Oklahoma City Field and attended the work for the week. January 25, 2002 265 CONGRESSIONAL RECORD—SENATE N O M I N A T I O N S DISCHARGED NOMINATION OP E D W A R D KINGMAN, OF M A R Y L A N D , TO BE ASS I S T A N T S E C R E T A R Y OF T R E A S U R Y A N D CHIEF F I N A N C I A L OFFICER A T THE D E P A R T M E N T OF TREASURY Mr. REID. Mr. President, I ask unanimous consent the Finance Committee be discharged from further consideration of the nomination of Edward Kingman to be Assistant Secretary of Treasury and his nomination to be Chief Financial Officer at the Department of Treasury; that the nomination be agreed to, the motion to reconsider be laid on the table; that any statements thereon be printed in the RECORD; and the President be immediately notified of the Senate's action. The P R E S I D I N G OFFICER. Without objection, it is so ordered. The nomination was considered and confirmed. N O M I N A T I O N S OF S A M U E L T. MOK. OF M A R Y L A N D . TO BE CHIEF FIN A N C I A L OFFICER FOR T H E DEPARTMENT OF LABOR; JACK M A R T I N , OF MICHIGAN. TO BE CHIEF F I N A N C I A L OFFICER FOR THE DEPARTMENT OF EDUCATION; ANDREA G. B A R T H W E L L . OF I L L I N O I S , TO BE D E P U T Y DIRECTOR FOR DEMAND REDUCTION A T THE OFFICE OF N A T I O N A L DRUG CONTROL POLICY; AND EVE S L A T E R , OF NEW JERSEY, TO BE A S S I S T A N T SECRETARY OF HEALTH AND H U M A N SERVICES Mr. REID. Mr. President, I ask unanimous consent the H E L P Committee be discharged from further consideration of the following nominations: Samuel T. Mok to be Chief Financial Officer for the Department of Labor: Jack Martin to be Chief Financial Officer for the Department of Education; Andrea G. Barthwell to be Deputy Director for Demand Reduction at the Office of National Drug Control Policy; and Eve Slater to be Assistant Secretary of Health and Human Services: that the nominations be confirmed, the motions to reconsider be laid on the table, any statements thereon be printed in the RECORD, the President be immediately notified of the Senate's action, and the Senate return to legislative session. The P R E S I D I N G OFFICER. Without objection, it is so ordered. The nominations were considered and confirmed. L E G I S L A T I V E SESSION The P R E S I D I N G OFFICER. Under the previous order, the Senate will return to legislative session. ORDERS FOR M O N D A Y , J A N U A R Y 28, 2002 Mr. REID. Mr. President, I ask unanimous consent that when the Senate completes its business today, it adjourn until the hour of 3 p.m. on Monday, January 28; 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 the Senate resume consideration of H.R. 622. The P R E S I D I N G OFFICER. Without objection, it is so ordered. PROGRAM Mr. REID. Mr. President, there will be no rolleall votes on Monday. Any rolleall votes will occur on Tuesday. That time will be established on Monday. A D J O U R N M E N T U N T I L MONDAY, J A N U A R Y 28. 2002, A T 3 P.M. 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 previous order. There being no objection, the Senate, at 2:49 p.m.. adjourned until Monday, January 28, 2002. at 3 p.m. CONFIRMATIONS Executive nominations confirmed by the Senate January 25, 2002: SMALL BUSINESS ADMINISTRATION T H O M A S M. S U L L I V A N . OF M A S S A C H U S E T T S . TO BE C H I E F C O U N S E L FOR A D V O C A C Y . S M A L L B U S I N E S S ADMINISTRATION. DEPARTMENT OF STATE C H R I S T O P H E R B A N C R O F T B U R S U A M . OF C O N N E C T I C U T T O BE C H I E F F I N A N C I A L O F F I C E R . D E P A R T M E N T OF STATE. C H R I S T O P H E R B A N C R O F T B U R N H A M . OF C O N N E C T I C U T . T O BE A N A S S I S T A N T S E C R E T A R Y OF S T A T E ( R E S O U R C E MANAGEMENT). DEPARTMENT OF T H E INTERIOR H A R O L D C R A I G M A N S O N . OF C A L I F O R N I A TO BE ASS I S T A N T S E C R E T A R Y FOR F I S H A N D W I L D L I F E DEPARTMENT OF ENERGY M I C H A E L S M I T H . OF O K L A H O M A . TO BE A N A S S I S T A N T S E C R E T A R Y OF E N E R G Y , F O S S I L E N E R G Y ) . B E V E R L Y COOK. OF IDAHO. T O BE A N A S S I S T A N T SECRETARY OF E N E R G Y !ENVIRONMENT. SAFETY AND HEALTH). D E P A R T M E N T OF T H E INTERIOR REBECCA W W A T S O N . OF M O N T A N A . T O BE AN A S S I S T A N T S E C R E T A R Y OF T H E I N T E R I O R . •JEFFREY D. J A R R E T T . OF P E N N S Y L V A N I A . T O BE DIR E C T O R OF T H E O F F I C E OF S U R F A C E M I N I N G R E C L A M A TION AND ENFORCEMENT. D E P A R T M E N T OF STATE W I L L I A M R. B R O W N EI E L D OF T E X A S . A C A R E E R MEMBER OF T H E S E N I O R F O R E I G N S E R V I C E . C L A S S OF M I N ISTER COUNSELOR To BE A M B \ D O R E X T R A ' JR DINAR. Y' AN'D P L E N I P O T E N T I A R Y OF T H E U N I T E D S T A T E S OF A M E R I C A T O T H E R E P U B L I C OF C H I L E . JOHN V'. HANFORIJ III. OF V I R G I N I A . T O BE A M B A S SADOR A T L A R G E FOR I N T E R N A T I O N A L RELIGIOUS FREEDOM. D O N N A J E A N H R I N A K OF V I R G I N I A . A (CAREER M E M BER OF T H E S E N I O R F O R E I G N S E R V I C E I ' L A S S OF CAR E E R M I N I S T E R T O BE A M B A S S A D O R E X T R A O R D I N A R Y ' A N D P L E N I P O T E N T I A R Y OF T H E U N I T E D S T A T E S OF A M E R I C A T O THF. F E D E R A T I V E R E P U B L I C OF B R A Z I L J A M E S D A V I D MFC EE OF F L O R I D A . A C A R E E R M E M B E R OF T H E S E N I O R F O R E I G N S E R V I C E . C L A S S OF COUNS E L O R . T O BE A M B A S S A D O R EXTRAORDINARY' AND P L E N I P O T E N T I A R Y OF T H E U N I T E D S T A T E S OF A M E R I C A T O T H E K I N G D O M OF S W A Z I L A N D . K E N N E T H P. M O O R E F I E L D OF F L O R I D A A CAREER M E M B E R OF T H E .SENIOR F O R E I G N S E R V I C E C L A S S OF CAREER MINISTER. TO SERVE CONCURRENTLY AND WITHOUT A D D I T I O N A L COMPENSATION AS A M B A S S A D O R EXTRAORDINARY AND PEENIPOTENT1ARY OF THE U N I T E D S T A T E S OF A M E R I C A T O T H E D E M O C R A T I C REP U B L I C OF S A O T O M E A N D P R I N C I P E . K E N N E T H P. M O O R E F I E L D OF F L O R I D A A CAREER M E M B E R OF T H E S E N I O R F O R E I G N S E R V I C E C L A S S OF C A R E E R M I N I S T E R . T O BE A M B A S S A D O R EXTRAORD I N A R Y ' A N D P L E N I P O T E N T I A R Y OF T H E U N I T E D S T A T E S OF A M E R I C A T O T H E G A B O N E S E R E P U B L I C JOHN D ONG OF OHIO T O BE A M B A S S A D O R E X T R A O R D I N A R Y A N D P L E N I P O T E N T I A R Y OF T H E U N I T E D S T A T E S OF A M E R I C A T O N O R W A Y E A R L NOR.FI.EET P H I L L I P S . JR.. OF N O R T H C A R O L I N A T O BE A M B A S S A D O R EXTRAORDINARY AND PLENIP O T E N T I A R Y OF T H E U N I T E D S T A T E S OF A M E R I C A T O BARBADOS. AND TO SERVE C O N C U R R E N T L Y AND WITHOUT A D D I T I O N A L C O M P E N S A T I O N ' AS A M B A S S A D O R EXT R A O R D I N A R Y A N D P I . K N T P o T E N T I \HY OF T H E U N I T E D S T A T E S OF A M E R I C A TO S T K I T T S A N D N E V I S SAINT LUCIA. ANTIGUA AND BARBUDA. THE COMMONWEALTH OI' D O M I N I C A . G R E N A D A A N D S A I N T V I N C E N T AND T H E GRENADINES. JOHN P R I C E . OF U T A H T O BE A M B A S S A D O R E X T R A O R D I N A R Y ' A N D P L E N I P O T E N T I A R Y ' OF T H E U N I T E D S T A T E S OF A M E R I C A T O T H E R E P U B L I C OF M A U R I T I U S AND TO S E R V E C O N C U R R E N T L Y A N D W I T H O U T A D D I T I O N A L COMPENSATION AS AMBASSADOR EXTRAORDINARY AND P L E N I P O T E N T I A R Y OF T H E U N I T E D S T A T E S OF A M E R I C A T O T H E F E D E R A L A N D I S L A M I C R E P U B L I C OF T H E COMOROS AND AMBASSADOR EXTRAORDINARY AND P L E N I P O T E N T I A R Y OF T H E U N I T E D S T A T E S OF A M E R I C A T O T H E R E P U B L I C OF S E Y C H E L L E S . C H A R L E S S. S H A P I R O OF G E O R G I A A C A R E E R M E M B E R OF T H E S E N I O R F O R E I G N S E R V I C E . C L A S S OF M I N I S T E R C O U N S E L O R T O BE A M B A S S A D O R E X T R A O R D I N A R Y ' A M ) P L E N I P O T E N T I A R Y OF T H E I M I T . ! ) .sTA i'i. • 1)1' A.\1L1;H A T O T H E BOI.IVARI.AN' R E P U B L I C OF V E N E Z U E L A A R T H U R E. D E W E Y OF M A R Y L A N D T O BP, A N A S S I S T A N T S E C R E T A R Y ' OF S T A T E ( P O P U L A T I O N REFUGEES AND MIGRATION). UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT F R E D E R I C K W SCHIECK OF V I R G I N I A TO BE D E P U T Y A D M I N I S T R A T O R OP T H E U N I T E D S T A T E S A G E N i Y FOR INTERNATIONAL DEVELOPMENT. A D O L F O A. F R A N C O . OF V I R G I N I A . T O BE A N A S S I S T A N T A D M I N I S T R A T O R OF T H E U N I T E D S T A T E S A G E N I A ' FOR INTERNATIONAL DEVELOPMENT. R O G E R P. W I N T E R . OF M A R Y L A N D . T O BE A N A S S I S T A N T A D M I N I S T R A T O R DP T H E U N I T E D S T A T E S AGENCY FOR I N T E R N A T I O N A L D E V E L O P M E N T . PEACE CORPS G A D D I H. V A S Q F E Z OF C A L I F O R N I A . T O BE D1RECTOR OF T H E P E A C E C O R P S .JOSEPHINE K. O L S E N OF M A R Y L A N D T O BE D E P U T Y ' D I R E C T O R OF T H E P E A C E C O R P S D E P A R T M E N T OF T H E TREASURY B. JOHN W I L L I A M S . JR. OF V I R G I N I A T O BE C H I E F C O U N S E L FOR T H E I N T E R N A L R E V E N U E S E R V I C E A N D A N A S S I S T A N T G E N E R A L C O U N S E L IN T H E D E P A R T M E N T OF T H E T R E A S U R Y D EPA HTM ENT OF H E A L T H AND HUMAN SERVICES J A N E T H A L E . OF V I R G I N I A T O BE A S S I S T A N T SEC R E T A R 1 ' OF H E A L T H A N D H U M A N S E R V I C E S . JOAN E OHL OF W E S T V I R G I N I A T O BE COMMISS I O N E R ON C H I L D R E N Y'OUTH A N D F A M I L I E S D E P A R T M E N T OF H E A L T H A N D H U M A N S E R V ICES. DEPARTMENT OF T H E TREASURY' R I C H A R D C L A R I D A . OF C O N N E C T I C U T . T O BE AN S I S T A N T S E C R E T A R Y OF T H E T R E A S U R Y . SOCIAL SECURITY AS- ADMINISTRATION J AMES B L O C K I U R T III OF C O N N E C T I C U T T o 111. DEP U T Y C O M M I S S I O N E R OI' S O C I A L S E C U R I T Y FOR A T E R M OF SIX Y E A R S H A R O L D DAUB. OF N E B R A S K A . T O BE A M E M B E R OF T H E S O C I A L S E C U R I T Y A D V I S O R Y BOARD K I R T H E RE M A I N D E R OF T H E T E R M E X P I R I N G S E P T E M B E R :I0. 20(lfi. DEPARTMENT OF ENERGY E V E R E T B E C K N E R . OF N E W M E X I C O T O BE D E P U T Y ADM I N I S T R A T O R FOR D E F E N S E P R O G R A M S N A T I O N \ l . NU CLEAR SECURITY ADMINISTRATION. T H E ABOVE N O M I N A T I O N S WERE A P P R O Y E I ) SUBJECT T O T H E N O M I N E E S C O M M I T M E N T TO R E S P O N D T o RE QUESTS TO A P P E A R AND T E S T I F Y BEFORE ANY D U L Y C O N S T I T U T E D C O M M I T T E E OF T H E S E N A T E D E P A R T M E N T OF EDUCATION J A C K M A R T I N . OF M I C H I G A N T O BE C H I E F O F F I C E R . D E P A R T M E N T OF E D U C A T I O N . D E P A R T M E N T OF H E A L T H AND HUMAN FINANCIAL SERVICES E V E S L A T E R . OF SEW .JERSEY. T O BE AN A S S I S T A N T S E C R E T A R Y OF H E A L T H A N D H U M A N S E R V I C E S . DEPARTMENT OF LABOR S A M U E L T . MOK. OF M A R Y L A N D . T O BE C H I E F C I A L O F F I C E R . D E P A R T M E N T OF L A B O R . FINAN- 266 CONGRESSIONAL RECORD—SENATE D E P A R T M E N T OF THE T R E A S U R Y EDWARD KINGMAN, SISTANT SECRETARY EDWARD KINGMAN. FINANCIAL OFFICER. JR.. OF M A R Y L A N D , T O BE A N A S OF T H E T R E A S U R Y . JR.. OF M A R Y L A N D , T O BE C H I E F D E P A R T M E N T OF T H E T R E A S U R Y . EXECUTIVE OFFICE OF THE PRESIDENT A N D R E A G, B A R T H W E L L . O F I L L I N O I S , T O B E D E P U T Y DIRECTOR FOR D E M A N D REDUCTION, OFFICE OF NAT I O N A L DRUG CONTROL POLICY. THE JUDICIARY M A R C I A S. K R I E G E R , O F C O L O R A D O , T O BE U N I T E D S T A T E S D I S T R I C T J U D G E F O R T H E D I S T R I C T OF COLORADO. J A M E S C. M A H A N , OF N E V A D A , T O BE U N I T E D S T A T E S D I S T R I C T J U D G E F O R T H E D I S T R I C T OF N E V A D A . D E P A R T M E N T OF JUSTICE D A V I D P R E S T O N Y O R K , OP A L A B A M A . T O B E U N I T E D S T A T E S A T T O R N E Y F O R T H E S O U T H E R N D I S T R I C T OF A L A B A M A FOR THE T E R M OF FOUR Y'EARS. M I C H A E L A. B A T T L E . OF N E W Y O R K , T O B E U N I T E D S T A T E S A T T O R N E Y F O R T H E W E S T E R N D I S T R I C T OF N E W Y O R K F O R A T E R M OF F O U R Y E A R S . D W I G H T M A C K A Y , OF M O N T A N A . T O BE U N I T E D S T A T E S M A R S H A L F O R T H E D I S T R I C T OF M O N T A N A F O R T H E T E R M OF F O U R Y E A R S . M A U R I C I O J. T A M A R G O . OF F L O R I D A , T O BE C H A I R M A N O F T H E F O R E I G N C L A I M S S E T T L E M E N T C O M M I S S I O N OF January 25, 2002 THE UNITED S T A T E S FOR A T E R M EXPIRING SEPTEMBER 30. 2003, FOREIGN SERVICE NOMINATIONS BEGINNING SHAUN E D W A R D D O N N E L L Y A N D E N D I N G C H A R L E S R. W I L L S , WHICH N O M I N A T I O N S W E R E R E C E I V E D B Y T H E S E N A T E A N D A P P E A R E D I N T H E C O N G R E S S I O N A L R E C O R D ON OCT O B E R 16. 2001. FOREIGN SERVICE NOMINATIONS BEGINNING P A T R I C K C. H U G H E S A N D E N D I N G M A S O N Y U , W H I C H N O M I N A T I O N S W E R E R E C E I V E D B Y T H E S E N A T E A N D A P P E A R E D IN T H E C O N G R E S S I O N A L R E C O R D O N N O V E M B E R 27, 2001, FOREIGN SERVICE NOMINATIONS BEGINNING KATHL E E N T. A L B E R T F L A N D E N D I N G S U N G H W A N YI. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND APP E A R E D IN T H E C O N G R E S S I O N A L R E C O R D ON N O V E M B E R 27, 2001. January 25, 2002 267 EXTENSIONS OF REMARKS EXTENSIONS OF REMARKS IN HONOR OF KEN " R A Y " SMITH HON. ROBERT MENENDEZ OF NEW JERSEY IN T H E HOUSE OF R E P R E S E N T A T I V E S Friday, January 25, 2002 Mr. M E N E N D E Z . Mr. Speaker, I rise today to honor and acknowledge the m a n y a c c o m plishments of Ken " R a y " Smith, w h o was recognized by the Richard A. Rutkowski Association at a gala o n Saturday, January 19, 2002. The event took place at Hi-Hat Caterers in Bayonne, New Jersey. After spending three years as a G u i d e d Missile Technician in the United States Army, Mr. Smith was in charge of negotiations, administration and investment of funds as union Secretary-Treasurer for Dorchester, Inc. For the past eleven years, he has worked for the Bayonne Board of Education and the B a y o n n e Department of Parks and Recreation. He was also president of the School Employee's Local 2251 for four years. As the founder and leader of B a y o n n e Friends of the Handicapped, Smith w o r k e d o n behalf of disabled people and was honored with the prestigious Al Slootsky Award. He made meaningful contributions through a variety of organizations k n o w n for their services to the community, including the Bayonne Elks Club; Ireland's 32; T h e Bayonne Writer's Club; and the Richard A. Rutkowski Association. A Bayonne native, Ken " R a y " Smith graduated from Horace M a n n High School, and attended New Jersey City University. Today, I ask my colleagues to join me in honoring Ken " R a y " Smith for his countless contributions o n behalf of our community and disabled individuals throughout our country. 2001 GILROY CHAMBER MERCE CITIZEN AND AWARDEES OF COMBUSINESS HON. ZOE LOFGREN OF CALIFORNIA HON. MICHAEL M. HONDA OF CALIFORNIA IN T H E HOUSE OF R E P R E S E N T A T I V E S Friday, January 25. 2002 Ms. L O F G R E N . Mr. Speaker, today we rise to recognize the recipients of the 2001 Gilroy C h a m b e r of C o m m e r c e Citizen and Business Awards. T h e six individuals and businesses being honored o n February 8 have contributed their time and talent to the city and the people of Gilroy, California. W e wish to express to t h e m our gratitude for their hard work and our congratulations for this honor. T h e 2001 Gilroy C h a m b e r of C o m m e r c e Citizen and Business Awardees are: Michael Bonfante, the 2001 M a n of the Year. As owner of Nob Hill Stores, Mr. • Bonfante was extremely supportive of Gilroy schools, clubs, sports groups and community organizations. It w a s said that he could never say " n o " to any group asking for help. Students working in his stores knew that their managers would be sensitive to the pressures of school and activities; a corporate retreat on Hecker Pass made g a m e fields, picnic areas, and a g y m available to all employees. After the sale of the Nob Hill Foods chain, Michael Bonfante invested $79 million into his d r e a m of creating a family park designed around trees, which ultimately b e c a m e the basis for a non-profit organization benefiting the Gilroy community. Susan Starritt Jacobsen, the 2001 W o m a n of the Year. Ms. J a c o b s e n has been active in Gilroy for over 25 years a n d o n so many levels it is difficult to list t h e m all. She was the 2 0 0 0 - 2 0 0 1 Gilroy EDC President a n d served as the Secretary-Treasury for three years. As the 1 9 9 9 - 2 0 0 0 Gilroy C h a m b e r of C o m m e r c e President, she was serving her s e c o n d term as Board M e m b e r of the Chamber. In a professional capacity, she is a Past President of the South County Board of Realtors and the Past State Director for the California Association of Realtors. For 20 years visitors have seen her at the Gilroy Garlic Festival, helping out in o n e way or another, and Gilroy schools and organizations know they can always count on her to volunteer her time for a fundraiser or event. Aitken Associates, the 2001 Small Business of the Year. Aitken Associates is a local landscape design firm that has created beautiful and award-winning designs throughout Gilroy and other communities. Karen Aitken, the President, has been in private practice as a landscape architect for over 18 years. A m o n g Aitken Associates' endeavors are: the public grounds at Goldsmith Seeds, Del Rey Park, and the Gilroy City Hall. O n e of Ms. Aitken's most notable projects is the Bonfante G a r d e n s t h e m e park, w h o s e founder Michael Bonfante praises Ms. Aitken's devotion and creativity. Civic activity is o n e of Aitken Associates' founding principles; as such, the firm has donated its sen/ices to the Gilroy High School landscape improvement plan, the Willey H o u s e and the student gardens at the Morgan Hill Country School. Karen Aitken is active in the Rotary Club of Gilroy and the Beautification in Gilroy Committee. McDonald's of Gilroy, the 2001 Large Business of the Year. McDonald's of Gilroy, purc h a s e d by Steve a n d J a n Peat just over five and a half years ago, has b e c o m e an integral part of the Gilroy community and an example of civic excellence. T h e Peats are the recipients of the 1 9 9 9 - 2 0 0 0 McDonald's "Partners in Paradise" award for increased sales and the 1998 McDonald's Corporation "Best of the W e s t " award for excellence at the Outlet location. The Peat's son, Steve, is o n e of only four people w h o teach McDonald's m a n a g e m e n t classes in Spanish for the entire Northern California R e g i o n — a program he helped initiate. A m o n g countless other activities, the Peats' assistance w a s vital in securing a $5,000 grant from the Ronald M c D o n a l d Children's House Charities Foundation for Jordan School's "Music Alive" program, and a $25,000 grant for the recreation center at Rebekah Children's Services. Frankie Munoz, the 2001 Firman B. Voorhies Volunteer of the Year. Because of her dedication to and support of the Gilroy C h a m ber of C o m m e r c e , Frankie Munoz w a s n a m e d the 2001 Volunteer of the Year. For many years, Ms. Munoz has served as a C h a m b e r Ambassador, chairing the South Valley Business S h o w c a s e and Mixer, and co-chairing the Business After Hours with the Rotary Club of Gilroy. Frankie Munoz is the incoming president of Leadership Gilroy, a n d is also active in the Rotacare Administrative Council, the Gilroy Senior Center, the Morgan Hill Mushroom Mardi Gras, and various other charitable organizations. Ms. Munoz is a tireless volunteer for her children's schools, sports and 4 - H clubs. Betsy Henry, the 2001 Gilroy Educator of the Year. Betsy Henry is a first grade teacher at El Roble School in Gilroy. Along with first grade, Ms. Henry has taught Special Education classes, third grade, and second/third combination classes. She has organized several programs within her classroom including the Star of the W e e k program, the 100% Spelling Club, Just Read, and Peacebuilders of the Month. Her use of cooperative learning activities and Peacebuilder social norms within her classroom creates a n a t m o s p h e r e that promotes e a c h individual child's belief in themselves. Additionally, Ms. Henry is the on-site trainer for " S u c c e s s For All" reading program at El Roble School. She has served o n Key Planners, as the PTA teacher representative, and School Site Council. Again, we wish to extend our gratitude to these individuals and organizations for their tireless enthusiasm and dedication. Congratulations to t h e m o n this prestigious award. IN HONOR OF AGNES M. GILLESPIE HON. ROBERT MENENDEZ OF NEW JERSEY IN T H E HOUSE OF R E P R E S E N T A T I V E S Friday, January 25, 2002 Mr. M E N E N D E Z . Mr. Speaker, I rise today to honor and a c k n o w l e d g e the many accomplishments of A g n e s M. Gillespie, w h o was recognized by the Richard A. Rutkowski Association on Saturday, January 19, 2002. The gala event took place at Hi-Hat Caterers in Bayonne, NJ. In 1973, A g n e s M. Gillespie began her career as a n elementary school teacher in the Horace Mann and Walter F. Robinson Schools. In September 1987, she a s s u m e d This " b u l l e t " symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in t h i s t y p e f a c e indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. 268 January 25, 2002 EXTENSIONS OF REMARKS the position of grant writer for the Bayonne Public School System. As a grant writer, she secured awards for Safe Haven, Project Fare, Project Rite, and Project Self-Sufficient. Not only did she write and promote the applications for grant programs, but Gillespie also served as the director and coordinator in the administration and implementation of many of these programs. Currently, Gillespie is the Director of Safe Haven, the New Jersey schoolbased Youth Services Program, and the Teen Center. Gillespie has actively participated in various community service-related activities; including: President of the Bayonne Child Abuse Council; m e m b e r of the Bayonne Mayor's Council on Drugs and Alcohol; Bayonne Planning Board; Bayonne Municipal Alliance; Bayonne Hospital Foundation-Management Sen/ices Organization; Parish Council; City of Bayonne W T C Memorial Committee; Ireland's 32 Board of Trustees; Bayonne Municipal Election Candidate in 1994; and Chairperson-Holy Family A c a d e m y "Phon-a-thon" in 1992. She attended Caldwell College, Kean College, New Jersey City University, and Harvard Graduate School of Education. Today, I ask my colleagues to join me in honoring A g n e s M. Gillespie for 30 years of dedicated service on behalf of children and young adults in Bayonne, NJ. ESTABLISHING FIXED INTEREST RATES FOR STUDENT AND PARENT BORROWERS rate for students, and will eliminate confusion a m o n g borrowers of student loans regarding shifting interest rates and formulas. With the changes in S. 1762, students benefit by getting guaranteed low interest rates, and by having the availability of funds for loans, and the stability of the student loan industry, ensured. For low-income students especially, student loans represent a life-line to a college degree that is often beyond the reach of a family's resources, grants and scholarships. Student loans help bridge a gap for low-income students and provides t h e m the s a m e opportunities to earn a living commensurate with their abilities. Mr. Speaker, S. 1762 is a good bill and is crucial for ensuring the availability of funds for qualified students to go to college. As we know, more and more students are going to college these days, and more are doing so with the help of student loans. And higher education is a smart investment, especially for low-income students, with earnings from a bachelor's degree far exceeding earnings from only a high school degree. S. 1762 will mean that more students, especially more low-inc o m e students, can go on to college and will be more able to participate in the 21st century economy, and I strongly support it. IN HONOR OF BISHOP DONALD HILLIARD, JR. HON. ROBERT MENENDEZ OF NEW IN T H E HOUSE OF SPEECH OF HON. PATSY T. MINK OF IN THE HOUSE OF Thursday, HAWAII REPRESENTATIVES January 24, 2002 Mrs. MINK of Hawaii. Mr. Speaker, I rise today in support of S. 1762, which will provide students with low interest rates on Federal student loans, while preserving the health of the student loan industry by ensuring the current and future participation of lenders in this market. By helping lenders stay in the student loan markets, we are making sure that qualified students will have access to higher education, regardless of their financial background. S. 1762 represents a compromise between those representing students, and those representing the lending industry. This compromise essentially fixes a problem that would have arisen in 2003 in the student loan interest rate formula that, according to the lending community, would have dried up resources for students needing funds for college by potentially reducing returns for such loans below the cost of issuing such loans. S. 1762 preserves the current interest rate formula that determines how m u c h lenders receive from the Federal government, while locking in very low interest rates for students. I applaud the representatives of students and lenders for working together on a difficult, complex issue, to find a solution that keeps loans available and affordable for disadvantaged students. The formula will change in 2006 so that the interest rate students pay will be fixed at 6.8 percent, which is an historically low interest Friday, JERSEY REPRESENTATIVES January 25, 2002 Mr. M E N E N D E Z . Mr. Speaker, I rise today to honor and acknowledge the many accomplishments of Bishop Donald Hilliard, Jr., Senior Pastor of the Historic Second Baptist Church in Perth Amboy, New Jersey. He will be honored for his 25 years in the ministry on Friday, January 25, 2002, at the Hyatt Hotel in New Brunswick, New Jersey. Under his innovative leadership, Second Baptist Church's congregation blossomed from 125 to over 4,500 members. This fast-growing ministry has expanded to three locations of worship: the Cathedral Second Baptist Church, Perth Amboy, New Jersey; the Cathedral Assembly by the Shore in Asbury Park, New Jersey; and the Cathedral in the Fields in Plainfield, New Jersey. Over fifty churches are currently ministering to the unique needs of these communities, as well as to the congregants w h o travel from New Jersey, Pennsylvania, and New York to attend services. Dr. Hilliard is the founder and C E O of the Cathedral Community Development Corporation (CCDC). This organization services the community through it's Joy in the City Child Development Center and The Timothy House, a resource for m e n recovering from situations of homelessness and/or addiction. T h e Corporation functions out of the Cathedral Community Cornerstone Complex, which, through its new Kaleidoscope Economic Empowerment and H u m a n Development Complex, offers economic e m p o w e r m e n t opportunities, a rehabilitation room to serve prostitutes and HIV positive individuals, and will house an outreach center for the homeless. Bishop Hilliard holds a Bachelor of Arts degree from Eastern College, St. Davids, Pennsylvania, a Master of Divinity degree from Princeton Theological Seminary, and a Doctorate of Ministry degree from the United Theological Seminary, Dayton, Ohio, as a Dr. Samuel D. Proctor Fellow. Dr. Hilliard is married to Minister Phyllis T h o m p s o n Hilliard, and is the proud father of three daughters, Leah Joy Alease, Charisma Joy Denise and Destiny Joy Thema. Today, I ask my colleagues to join me in honoring Bishop Donald Hilliard, Jr., on his 25th anniversary in the ministry and for his many contributions o n behalf of the residents of New Jersey. A GREAT TIME TO BE AN AMERICAN HON. CONSTANCE A. MORULA OF MARYLAND IN T H E HOUSE OF Friday, REPRESENTATIVES January 25, 2002 Mrs. M O R E L L A . Mr. Speaker, in the wake of the horrific terrorist attacks of September 11, 2001, our Nation has joined together, united in our solemn resolve to defend freed o m and liberty. As w e continue to move forward following that tragic morning, I would like to insert in the RECORD a recent column from The Wilmington News-Journal by Beth Peck. I believe her inspiring w o r d s are appropriate and important during these times. [From the Wilmington News-Journal. Jan. 5, 2002] A F T E R D A R K Y E A R , W E S E E A M E R I C A IN NEW LIGHT (By Beth Peck I For the first time in my life, I belong to the American mainstream. I am part of what until now has been something of an underground group in America: the quietly patriotic. Until Sept. 11, we were considered quaint at best, or absurd at worst. It certainly wasn't cool to talk about our love of country, our belief that America is the best nation on the planet, and our feeling of gratitude that luck or providence made us citizens. It has been 60 years since Americans last came together as cohesively as today. I was too young to conceptualize the mainstream during the late '60s and '70s, when " f l o w e r power" gave way to the " m e generation." I didn't pay much attention to the mainstream during the '80s, when style overpowered substance and greed was good. And I didn't particularly relate to the mainstream during the '90s, when the acquisitive focus of a decade-long economic expansion finally burst with the Internet bubble. But now, events have converged to give legitimacy to what I've known all along: that we are truly fortunate to be Americans. For all of my 35 years, I have waited for this moment. This is a time when Americans are united in a reverence and appreciation of the society we created and the liberty we enjoy. What American can look at Afghanistan, with it repressive, state-sponsored version of Islam, and not rejoice at our First Amendment privilege to practice any (or no) religion we choose without molestation or interference? What American can look at Iraq, with its heavily censored, state-controlled January 25, 2002 media, and not give thanks for our freedom of speech? We don't have to look too far back to realize that it wasn't always this way. During travels in Canada this summer, I was struck by the number of flags I saw flying' on homes. Why don't we do that here, I wondered. Why are the only American flags to be found flying over car dealerships? That's no longer true. Back in the United States just days before Sept. 11, I spontaneously burst into " A m e r ica the Beautiful" while standing on a trail overlooking Yellowstone Lake. The sunset had given the mountains ringing the lake an extraordinary amethyst hue. and I could not resist singing, " O beautiful, for spacious skies, for amber waves of grain, for purple mountain majesties, above the fruited plain!" Others on the trail simply stared at me. Not any more. Today Americans don't take for granted the privileges they share. The terrorists who rained fire on Manhattan and the Pentagon reminded us that Americans have a duty to defend that freedom which puts our country in a class by itself. This is a lesson I learned long ago as the daughter of an A r m y captain, who served during the Vietnam war. and as a granddaughter of another captain who served during World War If. Growing up in a suburb of Washington, DC, I had ample opportunity to marvel at the workings of our government. I gazed upon the Declaration of Independence and the Constitution on display at the National Archives. I witnessed debates in the Senate chamber, I attended oral arguments at the Supreme Court. My direct observations showed me how well our democracy functions. Having seen firsthand what life is like elsewhere, I have been convinced for years that despite its faults America is the greatest country in the world. Episodes such as beingshaken down by police in Eastern Europe soon after the fall of the Iron Curtain made me realize how exceptional it is to have law enforcement that is largely corruption-free. Being ignored or elbowed aside in Asian countries because I am a woman made me appreciate how much America values all its citizens, not just a select few from an anointed demographic group. Seeing the nervous reaction of a guide when I asked him a question about his government's repressive policies made me understand how precious our political freedom is. L i f e in America is not perfect. But for the bulk of Americans, it is better here than it would be anywhere else. And now I know I am not alone in my pride for my country. Patriotism is in fashion. "United we stand" is the slogan of the moment. There is a renewed understanding that freedom doesn't come for free: it must be zealously guarded from those who would try to take it away. For people like me who truly love America, this is our moment in the sun. It's ironic: An action designed to terrorize Americans by demolishing our national symbols. because enemies think we're weak and soft, has instead reawakened our slumbering belief in this country's goodness. Whatever our differences were before Sept. 11, Americans have closed ranks to defend ourselves against an insidious danger that exploits freedom in order to destroy it. So despite, or perhaps because of. the events of Sept. 11, this is a great time to be an American. Why? Because now everybody 269 EXTENSIONS OF REMARKS else realizes how great it is to be an American. IN HONOR OF DEPUTY CHIEF OF POLICE PATRICK M. M I N U T I L L O HON. ROBERT MENENDEZ OF N E W .JERSEY IN THE HOUSE OF REPRESENTATIVES Friday, January 25. 2002 Mr. M E N E N D E Z . Mr. Speaker, I rise today to honor Deputy Chief of Police Patrick M. Minutillo on his retirement from the Harrison Police Department after 29 years of serving and protecting the public. He will be recognized Friday, January 25, at a celebration at Ravello's Restaurant in East Hanover, New Jersey. After serving four years with the United States Navy, Deputy Chief Patrick Minutillo b e g a n his law enforcement career. He climbed quickly through the ranks b e c o m i n g Deputy Chief of the Harrison Police Department in 1997. Currently, Deputy Chief Minutillo volunteers as a n instructor in the West Point C o m m a n d a n d Leadership Program, and serves as an Adjunct Professor at the Public Administration Institute of Farleigh Dickinson University. A n Administrative Hearing Officer, he also serves o n both county and municipal levels in the State of New Jersey. Deputy Chief Minutillo is active in n u m e r o u s organizations, including the International Association of Chiefs' of Police; the Deputy Chiefs' of Police Association of New Jersey, where he served as President in 2000 and 2001; the FBI Law Enforcement Executive Development Association; the Italian American Police Society of New Jersey, where he serves as Executive Secretary; the International Police Association, where he holds the position of VicePresident; the American Society of Industrial Security, where he serves o n the Law Enforcement A w a r d s Committees; and the Harrison Police Association, Local 22. Deputy Chief Minutillo holds a certificate in Public M a n a g e m e n t , Bachelor's Degree in Criminal Justice, and a Masters Degree in Administrative Science. He is a graduate of num e r o u s executive level law enforcement programs, including the West Point C o m m a n d and Leadership Program and the F.B.I. Law Enforcement Executive Development Seminar. In addition to his studies, he has completed over 2000 hours of a d v a n c e d m a n a g e m e n t and operational training. Today, I ask my colleagues to join me in honoring Deputy Chief of Police Patrick M. Minutillo for 29 years of outstanding and dedicated service to the citizens of Harrison, New Jersey. TRIBUTE TO JOSEPH " A J " MINTON HON. Z0E LOFGREN OF CALIFORNIA HON. MICHAEL M. HONDA OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES Friday, January 25, 2002 Ms. L O F G R E N . Mr. Speaker, today w e rise to congratulate Milpitas Police Department Of- ficer J o s e p h " A J " Minton, the winner of the 2002 G e n e S c h w a b Memorial Award. T h e G e n e S c h w a b Memorial A w a r d recognizes those city of Milpitas e m p l o y e e s w h o put "Service A b o v e Self." J o s e p h " A J " Minton w a s born in Anchorage, Alaska, a n d m o v e d to California in 1983 to attend college, first at Montery Peninsula College a n d then San Jose State, where he obtained a Bachelor of Science d e g r e e in Administration of Justice. Mr. Minton b e g a n his career as a volunteer police Explorer for the City of Marina, b e c o m i n g a Reserve Police Officer and a volunteer Fire Fighter for that city in 1984. Upon moving to San Jose, he began working with the Milpitas Police Department as an intern and was hired full-time by the Department upon his graduation. He b e c a m e a Police officer in 1989. AJ Minton has spent most of his career in Patrol, but has served the Milpitas Police Department in innumerable other ways. As a crime analyst, Mr. Minton provided valuable statistics to the community and to those looking to purchase a h o m e and raise their families in Milpitas. He has also served as a Reserve Field Training Officer, a driver instructor, and as the agency representative for the county Report Writing Committee. Currently, he is a m e m b e r of the Milpitas community Oriented Policing Task Force. Throughout Mr. Minton's career, he has taken an interest in computer and information technology. In 1994, he assisted in implementing the department's first mobile computer system. Since 1999, he has been on a project t e a m that works closely with the Information Services Department; additionally, he assisted with the development of the Computer Aided Dispatch, the Records Management System, and Mobile C o m p u t e r s . Joseph " A J " Minton is also a n avid ice hockey player and is the beloved c o a c h of the Blue Devil ice hockey team, w h o s e enthusiastic m e m b e r s range in a g e from four to eight. W e wish to thank A J Minton for his dedication to both the Milpitas Police Department and to the community; he truly embodies the spirit of "Service Above Self." W e congratulate him on this honor and are grateful for his service. IN HONOR OF BAYONNE FIRE DIRECTOR P A T R I C K BOYLE HON. ROBERT MENENDEZ OF NEW JERSEY IN THE HOUSE OF REPRESENTATIVES Friday, January 25, 2002 Mr. M E N E N D E Z . Mr. Speaker, I rise today to honor B a y o n n e Fire Director Patrick Boyle, w h o will be recognized by Ireland's 32 Club at the 2002 annual dinner dance held on Friday, January 25th, at the Hi-Hat Club in Bayonne, NJ. Fire Director Patrick Boyle served our country for six years as a United States Navy nuclear reactor operator on the U S S Nathaniel Greene, a nuclear ballistic submarine. In 1978, Mr. Boyle was appointed to the Bayonne Fire Department. He w a s p r o m o t e d to Lieutenant in 1989, Captain in 1996, and Battalion Chief in 1999. Mayor Joseph V. Doria, Jr., appointed him Fire Director in 1998, and Emergency 270 January 25, 2002 EXTENSIONS OF REMARKS M a n a g e m e n t Coordinator in 1999. Mr. Boyle has served as President and Vice-President of the Firemen's Mutual Benevolent Association (FMBA) Local 211, as well as Vice-President of FMBA Local 11. He is a n Adjunct Professor in Business Law and Fire Science at New Jersey City University. ON FEDERALIZING SECURITY AT NUCLEAR POWER P L A N T S Mr. Boyle is a former Little League coach and manager; served two terms as President of the Bayonne Youth Hockey Association; served as a member of the B a y o n n e St. Patrick's Day parade committee; and is a m e m b e r of Ireland's 32. Mr. D E L A H U N T . Mr. Speaker, I rise to inform my colleagues that I have requested that the General Accounting Office undertake a study of questions relating to the feasibility of federalizing security at nuclear power plants nationwide. As Congress examines ways to protect critical infrastructure in the w a k e of September 11, the vulnerability of commercial nuclear reactors has become increasingly evident. Even before then, the potential hazards associated with nuclear power have long required special vigilance; and the terrorist attack obviously elevates the gravity and urgency of security concerns. All of us w h o represent areas with commercial nuclear facilities share an urgent concern for safeguarding residents who live in close proximity to the 103 facilities across the country. Fire Director Patrick Boyle, a native of Bayonne, graduated from New Jersey City University and Seton Hall Law School. Mr. Boyle is happily married to the former Marie Mazzucola and is a proud father of two sons, Sean, a firefighter with the Bayonne Fire Department, and Ryan, a college student. Today, I ask my colleagues to join me in honoring Mr. Patrick Boyle for over 20 years of dedicated service on behalf of the residents of Bayonne, NJ. IN HONOR OF FRANCISCO AND HORTENSIA CANONICO HON. ROBERT MENENDEZ OF NEW JERSEY IN T H E HOUSE OF R E P R E S E N T A T I V E S Friday, January 25, 2002 Mr. M E N E N D E Z . Mr. Speaker, I rise today to recognize Francisco and Hortensia Canonico, w h o w e r e honored by the North Hudson Board of Realtors Friday, January 18th, for their exceptional contributions to New Jersey's real estate industry. Mr. Canonico entered the real estate industry in 1967, and b e c a m e a licensed real estate broker in 1972. That s a m e year, he o p e n e d his o w n business, Canonico Real Estate, o n 1010 Summit A v e n u e in Union City, New Jersey. As an innovative real estate broker, he became the President of the Hudson County Multiple Listing Service in 1979. He was President of the Hudson County Board of Realtors in 1984, w h e n he was recognized as Realtor of the Year. In 1984, Mr. Canonico also served on the Committee to Make America Better, and was recognized again as Realtor of the Year in 1996. In 1977, Mrs. Canonico became the first Latina licensed real estate broker in Hudson County. She was recognized in the Million Dollars Sales Club from 1996 through 2000. Both Francisco a n d Hortensia Canonico have been avid fund-raisers for the American Cancer Society and Lung Association. Mr. Speaker, I ask my colleagues to join me in congratulating husband and wife, Francisco and Hortensia Canonico, for their positive contributions to Hudson County as successful real estate brokers and innovative entrepreneurs. HON. WILLIAM D. DELAHUNT OF MASSACHUSETTS I N T H E HOUSE OF R E P R E S E N T A T I V E S Friday, January 25, 2002 Most Americans understand that we can't completely insulate the nation—and every person and property in it—from attack by suicidal terrorists. Nearly everyone appreciates the complexities and expense involved, and grasps the need to balance security precautions with civil liberties and economic impact. But the fact remains that there is no more fundamental responsibility of government than h o m e l a n d defense, and that addressing vulnerabilities—including those associated with nuclear plants—are essential. The Nuclear Regulatory Commission (NRC) has acknowledged that the nation's c o m m e r cial reactors were not designed to withstand the type of attack carried out against the World Trade Towers. In light of this new potential threat and in the context of analogous legislation relating to airport safeguards, it seems to me self-evident that w e explore the prospect of a federal security force charged with protecting nuclear plants. Within hours of the September attacks, security at nuclear plants went on high alert. In my o w n congressional district, the Pilgrim facility took significant new precautions against potential threats to perimeter security from both the ground and the water. Although the immediate response was sound, I remain concerned about long-term protection of the plant. The N R C is presumably consulting with the new office of Homeland Security and various other federal agencies o n coordinated efforts to buttress nuclear safeguards; however, its approach seems focused on existing protocols rather than new methods. Even as legislation to federalize airport screening regimes was signed into law, however, the equivalent discussion of a federal nuclear plant security force has received only scant attention. Historically, it appears the N R C has not m o v e d aggressively to explore the potential authority for federalization under existing statute, m u c h less for administrative or legislative initiatives to create a federal presence. Correspondence with my office over the last four months suggests the N R C is not inclined to examine section 102 of the Atomic Energy Act, which could offer relevant authority. The agency rationale is that "the Commission is confident that substantial protection is being provided to plants." Perhaps that reluctance derives from a substantive disagreement about the need even to review a federal approach. In written remarks to a Senate colleague, the N R C Chairman stated last month that "there have been no failures in nuclear plant security of the type that would warrant the creation of a new federal security force" and w a r n e d that, by federalizing security, the government would incur an exorbitant cost "all to address a non-existent problem". I seek neither to raise undue alarm nor to c o n d e m n the current security protocol. However, in a series of meetings since September 11 with local, state and federal officials about public health and safety in the dozens of communities near the Pilgrim plant, one of the most recurring and compelling themes has been the need for serious and thorough consideration of a federal force. The consequences of getting this wrong are unthinkable, it seems to me that a n independent examination of a number of technical and financial issues by the G A O would be invaluable. Accordingly, I wrote today to the Comptroller General to ask the G A O to: 1. Review current federal guidelines and protocols for safeguarding nuclear plants from the air (including through the use of no-fly zones); through perimeter ground security measures; and through coastal security measures; 2. Examine the jurisdictional issues and administrative obstacles to transferring responsibility for security from plant o w n e r s to the federal government; and 3. Analyze the cost of federalizing s e c u r i t y including initial training, upkeep, and long-term protection. I have no presuppositions about the outc o m e of such a study, or about the policy debate it could help inform. However, I remain deeply concerned about the consequences of failing to explore these issues on a n expedited basis. IN HONOR OF JOANNE CARINE HON. ROBERT MENENDEZ OF NEW JERSEY IN T H E HOUSE OF R E P R E S E N T A T I V E S Friday, January 25, 2002 Mr. M E N E N D E Z . Mr. Speaker, I rise today to honor the many accomplishments of Joanne Carine, w h o will be recognized Friday, January 25, at Ireland's 32d annual dinner dance to be held at the Hi-Hat Club in Bayonne, NJ. A Bayonne native, Joanne Carine has been employed with the Board of Education since 1978, and is currently a secretary for the Superintendent of Schools. She serves o n the Executive Board of the St. Dominic A c a d e m y Mother s Club; the Holy Family A c a d e m y Mother's Club; and is a Trustee and Secretary for the Simpson Barber Foundation for the Autistic, an organization that educates about autism and provides social and educational opportunities for children January 25, 2002 EXTENSIONS OF REMARKS with autism. In addition, she is a trustee of the B a y o n n e Environmental Commission. Mrs. Carine w a s a m e m b e r of the 1998 Bayonne Municipal Inaugural Committee; a m e m ber of the Bayonne Youth Soccer Association, Travel Parent's Board; and a Corresponding Secretary for the Friends of Nicholas Capodice Association, serving as Chairperson for the organization's 2000 annual brunch. In 1977, J o a n n e was selected the first recipient of the Miss Bayonne C o l u m b u s Award, Mrs. J o a n n e Carine is married to Frank Carine, Jr., and has two daughters, J e n n a and Jerilyn. Today, I ask my colleagues to join me in honoring Mrs. J o a n n e Carine for her positive influence and hard work on behalf of New Jersey's education system. REAFFIRMING THE SPECIAL RELATIONSHIP BETWEEN THE UNITED STATES AND THE REPUBLIC OF THE P H I L I P P I N E S SPEECH OF HON, PATSY T. MINK OF HAWAII IN T H E HOUSE OF R E P R E S E N T A T I V E S Tuesday, December 18, 2001 Mrs. MINK of Hawaii. Mr. Speaker, I rise in strong support of H. Con. Res. 273, reaffirming the special relationship between the U.S. and the Republic of the Philippines. The Philippine government has committed government troops and vast resources towards tracking d o w n and arresting terrorist organizations, most notably the A b u Sayaff, the separatist group that is linked to the al Q u e d a network and O s a m a bin Laden. A b u Sayaff has repeatedly kidnapped foreigners for ransom, including numerous Americans, one of w h o m , Guillermo Sobero, was murdered. Americans Martin a n d Gracia B u r n h a m remain captives of this terrorist group that continues to terrify many islands in the southern area of the archipelago. Although an extension of the U.S.-Philippines Mutual Defense Agreement was rejected by the Philippine Senate in 1991, prompting the U.S. to withdraw our troops from the country, the Philippines a n d the U.S. forged a new agreement in 1999 to revive the agreement. The new agreement allows U.S. military personnel to enter the Philippines for joint training and other cooperative activities. Moreover, the agreement re-institutes U.S. military aid programs to the Philippines. The agreement is proving very beneficial in the U.S. struggle against terrorism. T h e Philippine government has made all of its military bases available to the U.S. for transporting, refueling, and re-suppyling troops h e a d e d toward Afghanistan. The U.S. has also made good o n our commitment to eradicate terrorism within the borders of our allies by providing the Philippines with military advisors and other military assistance to defeat terrorists in the Philippines. The U.S. and the Philippines have a strong and special relationship. This relationship enc o m p a s s e s m o r e than military a n d economic assistance. It includes a n intimate diplomatic relationship dating back over 100 years. 271 Filipinos w e r e a free people until the Spanish claimed the island nation in 1521. Despite n u m e r o u s uprisings and resistance movements, Spain maintained its control over the Philippines until 1898. In 1898 the A m e r i c a n Navy defeated the Spanish fleet in Manila Bay and subsequently b e g a n its occupation of the Philippines. Emilio Aguinaldo, w h o had led a resistance movement against the Spanish, battled the U.S. w h e n it b e c a m e clear that A m e r i c a had no interest in granting independence to the island nation. After a two year struggle, the U.S. captured Emilio Aguinaldo. He a g r e e d to swear allegiance to the U.S., and without its leader, the revolutionary effort to gain independence quickly c a m e to an end in 1902. army veterans, and veterans in recognized guerrilla forces expected to receive their full military benefits. In October of 1945, General O m a r Bradley, then Administrator of the Veterans Administration, reaffirmed that they w e r e to be treated like any other American veteran a n d would receive full benefits, but in 1946 C o n g r e s s broke our promise to Filipino veterans and revoked their benefits by enacting Public Law 7 0 - 3 0 1 . T h e Rescission Act declared that military service rendered by 2 0 0 , 0 0 0 Filipinos under Roosevelt's Military Order and the guerrilla forces was not official military service. T h e act specifically excluded Filipinos from receiving full veterans' benefits unless they had service or combat related injuries. At the end of the Philippine-American War, the U.S. declared its goal to develop a free and democratic government. T h e U.S. began by creating a public education system and a fair legal system. In 1907 the Philippines established its first bicameral semi-autonomous legislature, structured like the American federal government. From 1907 to 1946, a Resident C o m m i s sioner represented the Philippines in the U.S. Congress. They had no vote a n d were not allowed to serve on standing committees, but w e r e able to participate in debate on the House floor. The Philippines b e c a m e fully independent in 1946, at which time the office of the Resident Commissioner was abolished. T h e 1935 Tydings-McDuffie Act outlined the terms for establishing a fully independent nation. Filipinos began the ten-year transition period to independence by framing a constitution m o d e l e d after the A m e r i c a n Constitution. The outbreak of World W a r II and the subsequent J a p a n e s e occupation of the Philippines temporarily s u s p e n d e d Filipino d r e a m s for independence. During World W a r II, the U.S. treated Filipinos as "noncitizen nationals." It gave t h e m s o m e right to self governance, but the U.S. federal government reserved the final say over the Philippine government's decisions. Nearly 200,000 Filipinos responded to President Roosevelt's call to arms. From 1941 to 1945, Filipino soldiers fought alongside American soldiers. They responded without hesitation to defend their homeland and because they were a part of the United States. They defended Bataan and Corregidor, which help ensured that General MacArthur could escape to Australia. T h o u s a n d s of Filipino prisoners of war endured the infamous Bataan Death March, and many died in prisons. After the fall of Bataan and Corregidor, Filipinos f o r m e d guerrilla groups. T h e s e guerrilla forces distracted attention away from U.S. troops in the Pacific region w h o w o r k e d to rebuild and respond to attacks against American possessions in the Pacific. Filipino veterans fought bravely in every major battle and lost their lives defending our values of justice and freedom. After the war, the U.S. Congress enacted the A r m e d Forces Voluntary Recruitment Act of 1945 to establish the " N e w Philippine Scouts." From 1945 through 1946 the New Philippine Scouts helped defend the Philippines as the nation worked to rebuild itself. Based o n promises from the U.S. government, New Philippine Scouts, C o m m o n w e a l t h The U.S. government enacted the S e c o n d Supplemental Surplus Appropriation Rescission Act in 1946. It repeated the provisions that eliminated Filipino veterans' benefits under the Rescission Act, and it placed similar benefit restrictions o n New Philippine Scouts. The U.S. government has restored partial benefits for s o m e Filipino veterans living in America, but New Philippine Scouts and most veterans living in the Philippines still do not have the full benefits that were promised to them. Following the S e c o n d World War, America provided assistance as the Philippines struggled to create a democratic nation. As promised, the Philippines b e c a m e an independent nation o n July 4, 1946. In 1986 the people of the Philippines led a peaceful uprising that ousted Ferdinand E. Marcos and installed C o r a z o n Aquino as president. Throughout the late 1980's President Corazon A q u i n o re-established fundamental values found in America, including civil liberties, freedom of speech, freedom of assembly, and a free press. Today, over 1.8 million Filipinos reside in the U.S. Many of these individuals can trace their ancestry back to the over 100,000 Filipinos w h o migrated to Hawaii between 1910 and 1941 to serve as laborers o n sugar plantations. Even though many of them returned to the Philippines, t h o u s a n d s stayed in Hawaii to b e c o m e one of the state's major ethnic groups. Filipinos are the third largest racial group in Hawaii. T h e r e are currently 275,730 people w h o listed full or partial Filipino ancestry in the 2000 Census, including Governor Benjamin Cayetano and State S u p r e m e Court Justices Mario Ramil and Simeon Acoba. The following m e m b e r s of the state legislature are Filipino: Senator Robert Bunda, Senator Donna Mercado Kim, Senator Lorraine Inouye, Representative Felipe Abinsay, Representative Benjamin Cabreros, Representative Willie Espero, Representative Nestor Garcia, Representative Michael Magaoay, and Representative David Pendleton. 2001 marks the 50th anniversary of the United States-Philippines Mutual Defense Treaty. During this anniversary we must celebrate the deep relationship that ties our nations together. I urge all M e m b e r s to support H. Con. Res. 273 to a c k n o w l e d g e the Philippines as a n important partner in our d e f e n s e of freedom in the Pacific region. 272 EXTENSIONS OF REMARKS IN HONOR OP BRIAN C. DOHERTY HON. ROBERT MENENDEZ OF NEW JERSEY IN T H E HOUSE OF Friday, REPRESENTATIVES January 25, 2002 Mr. M E N E N D E Z . Mr. Speaker, I rise today to honor and acknowledge the many accomplishments of m y good friend, Brian C. Doherty, w h o s e life w a s c o m m e m o r a t e d and celebrated on Thursday, January 24, at the Boys and Girls Club of Hudson County's annual dinner at the Liberty House Restaurant in Jersey City, New Jersey. It was fitting and appropriate that the Boys and Girls Club's gymnasium was n a m e d in recognition of Mr. Doherty's commitment to the youth of Jersey City. Mr. Doherty was the sole sponsor of the Boys and Girls Club's Competitive Basketball Program from its inception in 1987 until 1998. He also strongly supported St. Anthony's High School Basketball program in Jersey City; the Jersey City Recreation Basketball Tournaments; and his o w n Men's League basketball team in the Jersey Shore Basketball League in Belmar, New Jersey. Thanks to the guidance of Mr. Doherty, many of the participants of these programs went o n to play professional basketball. A veteran of the National Guard, he was Executive Secretary to Mayor Paul T. Jordan of Jersey City from 1975 until 1977. In 1995, he became a partner of the law firm of Schumann, Hanlon, Doherty, McCrossin, and Paolino. Mr. Doherty, an active m e m b e r of the American Bar Association and the Association of Trial Lawyers of America, graduated from the New School for Social Research in Manhattan, New York, and earned his law degree from Seton Hall University Law School in 1977. Mr. Doherty was a dedicated husband to Rosemary T. M c F a d d e n and cherished son of Bernice and Eugene Doherty. Today, I ask my colleagues to join me in honoring Brian C. Doherty for his generosity, kind spirit, and work o n behalf of the c o m m u nity. I a m very proud to have called Brian my friend. He was a true gentleman, who touched many lives, and will be greatly missed by all those w h o knew him, including myself. IN HONOR OP HONORABLE DENNIS P. COLLINS HON. ROBERT MENENDEZ OF NEW JERSEY IN THE HOUSE OF REPRESENTATIVES Friday, January 25, 2002 Mr. M E N E N D E Z . Mr. Speaker, I rise today to honor and acknowledge the many accomplishments of Dennis P. Collins, w h o will be recognized Friday, January 25th, at Ireland's 32nd annual dinner dance to be held at the Hi-Hat Club in Bayonne, New Jersey. January 25, 2002 Before becoming a n elected official, Mr. Collins served in the United States Army; worked for the Tidewater Oil Company; the Edward F. Clarke Real Estate and Insurance Agency; and the Bayonne Water-Sewer Utility. He is a former Assistant Secretary Director of the New Jersey Real Estate Commission. In 1962, Mr. Collins was elected to his first of three terms o n the Municipal Council, two of which he served as Council President. He succeeded the late Mayor Francis G. Fitzpatrick in 1974 and served four terms as Mayor. He is the first individual to serve seven four-year consecutive terms in elective office and four consecutive four-year terms as Mayor in the history of Bayonne's municipal government. Former Mayor Collins served as an aide to former Governor T o m Kean, United States Representative Dominic Daniels, Frank Guarini, and also served on my staff as a friend and trusted advisor. Since 1988, he served as an aide to Mayor Joseph V. Doria Jr. He has remained a part of Bayonne's public life for more than forty years. Dennis Collins and the former Mary Bray celebrated their 55th wedding anniversary on October 19, 2001; they have three lovely children as well as three wonderful grandchildren. Today, I ask my colleagues to join me in honoring Dennis P. Collins for his friendship, dedication, and e n o r m o u s contributions on behalf of the residents of New Jersey.