E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 108 CONGRESS, SECOND SESSION

Vol. 150 WASHINGTON, FRIDAY, FEBRUARY 27, 2004 No. 23 House of Representatives The House was not in session today. Its next meeting will be held on Monday, March 1, 2004, at 12 noon. Senate FRIDAY, FEBRUARY 27, 2004

The Senate met at 9:32 a.m. and was to the Senate from the President pro Pursuant to the agreement that was called to order by the Honorable LARRY tempore (Mr. STEVENS). reached on Wednesday, we will finish E. CRAIG, a Senator from the State of The assistant Journal clerk read the this bill on Tuesday. I thank everyone Idaho. following letter: for their assistance in reaching that U.S. SENATE, consent agreement. I commend the bill PRAYER PRESIDENT PRO TEMPORE, managers for their efforts during the The Chaplain, Dr. Barry C. Black, of- Washington, DC, February 27, 2004. negotiations. fered the following prayer: To the Senate: Under the provisions of rule I, paragraph 3, HIGHWAY REAUTHORIZATION Let us pray. of the Standing Rules of the Senate, I hereby We have a very important out- As we begin another day, most gra- appoint the Honorable LARRY E. CRAIG, a cious God, help us to see that we never Senator from the State of Idaho, to perform standing issue before we finish our escape Your love and care. Forgive us the duties of the Chair. business this week. As Members know, for duties unperformed and for TED STEVENS, the current highway authorization ex- promptings disobeyed. Make us worthy President pro tempore. pires this weekend. Thus, it is impera- of Your goodness. Thank You for guid- Mr. CRAIG thereupon assumed the tive that we pass an extension of the ing us and for blessing our land. May chair as Acting President pro tempore. authorization before we conclude our we trust Your plan for our lives. f work today. I have talked to Members Bless our Senators. Remind them on both sides of the aisle, as well as to that they do not live by their own RECOGNITION OF THE MAJORITY our House counterparts, as to how best strength, but that You sustain them. LEADER to achieve this temporary extension. Lord, empower each of us to reflect The ACTING PRESIDENT pro tem- Yesterday the House passed a 2- upon the things that are true, just, pore. The Senate majority leader is month extension, and they have ad- pure, lovely, good, and honest, as You recognized. journed for the week. Regardless of keep us with Your constant care. May f what Senators think about the long- we strive less for success and more for faithfulness. We pray this in Your SCHEDULE term solution for this legislation—leg- strong Name. Amen. islation which we debated—we have an Mr. FRIST. Mr. President, this morn- issue that we must settle today in f ing we will resume consideration of the terms of the extension. The House, gun manufacturers liability bill. We again, passed a 2-month extension. PLEDGE OF ALLEGIANCE have made real progress over the They sent that to us and they have ad- The Honorable LARRY E. CRAIG led course of the week. The managers are journed. the Pledge of Allegiance, as follows: here to discuss the legislation and I pledge allegiance to the Flag of the other Senators are expected to come to The real issue is that we absolutely United States of America, and to the Repub- the floor for further debate over the must extend the current law to keep lic for which it stands, one nation under God, course of the day. people working until we find some indivisible, with liberty and justice for all. There will be no rollcall votes today. agreement. We will need to address this f Therefore, the next vote will occur on over the next several minutes because Monday. As to the timing of that vote of the sense of urgency, the signifi- APPOINTMENT OF ACTING on Monday, I will have more to an- cance of not passing this highway ex- PRESIDENT PRO TEMPORE nounce over the course of the day after tension today, this week. That is be- The PRESIDING OFFICER. The consultation with the bill managers cause beginning Monday, 3 days from clerk will please read a communication and the Democratic leader. now, no funds will be available to pay

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

S1853

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VerDate jul 14 2003 01:07 Feb 28, 2004 Jkt 029060 PO 00000 Frm 00001 Fmt 4637 Sfmt 0634 E:\CR\FM\A27FE6.000 S27PT1 S1854 CONGRESSIONAL RECORD — SENATE February 27, 2004 for the operation of surface transpor- UNANIMOUS CONSENT REQUEST— out we knew when this bill was going tation programs or the salaries of indi- H.R. 3850 to expire. Why is it we do business in viduals who run them. That is why we Mr. FRIST. Mr. President, I ask such a way that we are faced with a must act today. unanimous consent that the Senate shutdown unless we give an extension, That means, as of this Monday, more now proceed to the consideration of knowing when the bill was going to ex- than 4,600 Department of Transpor- H.R. 3850, a highway program extension pire? Most importantly, we all have a tation employees will be furloughed, if bill, which is at the desk. I further ask choice to make here, including the ma- we fail to act today. The Federal High- unanimous consent that the bill be jority leader and the Senator from Mis- way Administration will have to stop read the third time and passed, and the souri and the Senator from Nevada. We paying bills on Monday. That includes motion to reconsider be laid upon the have a choice. Are we going to face a reimbursements to States for ongoing table. disruption in some highway projects highway projects. (Mr. CHAFEE assumed the Chair.) which, although important, can be Mr. REID. Is this the 2-month exten- fixed and repaired over time or are we Federal Highway Administration em- sion? going to abandon the families of 9/11 ployees, 2,925 Federal Highway Admin- Mr. FRIST. Yes. who demanded and received the ap- istration employees, will be fur- Mr. MCCAIN. Mr. President, reserv- pointment of a commission that would loughed, in Washington, DC, and, in- ing the right to object. first of all, I thoroughly and completely investigate deed, in State offices around the coun- don’t object to taking up the highway the events that led up to one of the try. If they are furloughed on Monday, extension bill under the normal Senate greatest tragedies in American his- these Federal Highway Administration procedures, which is that the bill is an tory? That is our choice. I intend to employees will not be able to carry out amendable vehicle. That is the normal again object to this unanimous consent the necessary steps required to approve parliamentary procedure we abide by agreement. the federally approved, funded highway as we address legislation, so I don’t ob- I will agree to taking up the highway projects. We have construction con- ject to taking up the highway exten- extension bill and to not blocking it if tractors and their suppliers who will sion bill under the normal Senate pro- I am allowed to amend it. I cannot dic- suffer economic losses and hardships. cedures, which makes the bill amend- tate the schedule of the other body. The National Highway Traffic Safety able. I would obviously have an amend- But I do know the President of the Administration also will be affected. ment to the bill. United States, the majority leader, a They would have to stop paying bills I object to the unanimous consent re- majority of the Senate, the members of on Monday. There are 630 Highway quest that it be taken up and passed the 9/11 Commission, and the families Traffic Safety Administration employ- without debate or amendment. of those who died want this Commis- ees who would be furloughed. The oper- Second of all, we have to make some sion to be able to complete its work ation of our Federal highway safety choices here. The choice is whether we and, by God, we should honor that com- programs would be dramatically im- will have a short-term disruption—and mitment to them. pacted. States would receive no Fed- I might point out no existing projects I object. eral funding for things such as alcohol- now underway would be cut off—of the The PRESIDING OFFICER. The Sen- impaired driving and safety belt pro- highway programs, or we renege on our ator from Connecticut is recognized. grams. commitment to the families who lost Mr. LIEBERMAN. Mr. President, re- their loved ones, brave firefighters and serving the right to object, I intend to In addition, the Federal Motor Car- members of law enforcement agencies, join Senator MCCAIN in this objection. rier Safety Administration would have on September 11, 2001. Let me say this briefly because he has to stop its operations. The Motor Car- Senator LIEBERMAN and I introduced spoken clearly and powerfully. Life is rier Safety Administration employees, legislation that created a commission about choices. We don’t take any pleas- numbering 1,078, would have to be fur- to study the causes of the tragedy of ure in stopping the extension of the loughed, and the agency and its part- September 11, 2001, and also an effort highway law and the consequent dis- ners would not be able to carry out the to prevent a recurrence of that terrible ruption that may occur. There are pri- new entrant safety audits on motor tragedy. We have a choice here between orities here. carriers. a temporary disruption—I might say a As I see this, the objection we are The issues go on and on. I state those minor one, although it will be de- registering in pursuit of an extension at the outset because by the end of the scribed, as it is whenever a government of the time limit or deadline of the day we have to come to some agree- agency might be disrupted, as ‘‘Apoca- work of the September 11 Commission, ment to make sure that what could lypse Now’’—or telling the families of as agreed to by the White House, as re- happen doesn’t happen. It is important those who died on September 11 the quested by the bipartisan 9/11 Commis- for people to understand the signifi- Commission will not be able to com- sion led by the distinguished former cance of where we are, in particular the plete its work and part of the reason Governor of New Jersey, Republican leadership, as we address the other im- for it, as described by Commission Tom Kean, as demanded by the fami- portant issues we will talk about short- members, is because of failure to co- lies of the victims of September 11, ly. operate on the part of the administra- that has to take precedence in the For clarification, the House sent us tion. choices we make. two vehicles, a 2-month extension as We are faced with a choice. If there is I believe the work of this Commis- well as a 4-month extension. The House another amendable vehicle that would sion is a critical element in the larger is not in session today. The practical have an amendment on it that must war on terrorism because the work of reality is we must pass one of the ex- pass by the House, I would be glad to this Commission is to determine inde- tensions—I think it would be the 2- agree to passage of this extension. If pendently, aggressively how did Sep- month extension today—or 4,600 people there is any way we could get the other tember 11 happen. September 11 occa- are going to be laid off on Monday. We body to agree with what the President sioned the official commencement of cannot let that happen. has asked for—not Senators MCCAIN our war on terrorism. Unless we ex- and LIEBERMAN, but what the President haust every opportunity to determine Now the challenge is to figure out asked for—and that is an extension of 2 how it happened, we cannot feel we are how we are going to address that. months of the 9/11 Commission, which successfully prepared to fight and win Again, it is a very important issue, was reported out of the Intelligence the war on terrorism and to protect the which I know my colleague from Ari- Committee unanimously yesterday, American people at home from ever zona will address shortly and we need then I would be glad to withdraw my having to suffer again the kind of dev- to resolve it. objection. astating attack we suffered September At this point, I am prepared to ask The majority leader just pointed out, 11, 2001. It is that important. unanimous consent to allow us to pass this is the end of civilization as we Senator MCCAIN and I introduced this the short-term extension. I know Sen- know it if these highway employees are proposal in the fall of 2001 to create the ators will want to comment. deprived of some hours. I might point Commission. It took more time than it

VerDate jul 14 2003 23:43 Feb 27, 2004 Jkt 029060 PO 00000 Frm 00002 Fmt 4637 Sfmt 0634 E:\CR\FM\G27FE6.003 S27PT1 February 27, 2004 CONGRESSIONAL RECORD — SENATE S1855 should have to create it. It has been We have two independent issues that There is no urgency about addressing created. The Commission has had more my two colleagues are rightfully link- the extension today. I understand my trouble than it should have had obtain- ing, but by linking them, 5,000 Ameri- colleagues are using the leverage of ing documents, including noncoopera- cans and their families are going to be this must-pass transportation bill, in tion—or at least footdragging by folks hurt. I would argue they are being hurt my mind, to force the vote today on in the administration, which I don’t by their proposal—it can be blamed on the extension. But for me, it does not understand, because we are all on the all sorts of situations as to how we got have to be done today. I pledge to keep same side here. It is possible had that to where we are, but the point is, if the working with them. kind of delay not occurred, the original action they propose is taken, 5,000 fam- Mr. REID. Will the Senator yield for deadline of May 27 of this year for the ilies who have nothing to do with the a question? work of the Commission would have Commission—they are separate Mr. FRIST. Let me go through my been adequate. It is not. issues—these transportation families points quickly because it is important The bipartisan commissioners have are going to be hurt unnecessarily by for people to understand we have been told us that the White House has their action today. working on this for the last couple of agreed—to the President’s credit and I hope what I have just said is proven days. I have been working with the the administration’s credit—that a 2- right by us working together today and Senator from Arizona, and he knows month extension is necessary, to July settling this matter because what they my commitment in trying to work out 27, plus an additional month for the propose, because the House is out of alternatives. Commission to wind down after it session and because the bill is before The Senators from Arizona and Con- issues its report and the work it is us, if amended, cannot be acted upon necticut asked if there is another vehi- doing. by the House until next Tuesday night, cle on which we can put this extension The Senate Intelligence Committee and 5,000 transportation families will that is a must-do that will get through unanimously reported out such a pro- be hurt by what they are insisting the system and make sure it will hap- posal yesterday. I don’t believe there is upon. Therefore, that is unacceptable pen, which is their objective and my any objection to it here in the Senate. to me. objective. The problem with that—and There is bipartisan support. Yet some I say that very quickly. Let me say again we had this discussion—is, What of our friends in the House leadership that I support the extension. Both Sen- vehicle does he suggest? apparently do object. With all respect, ators who have spoken know I am a I suggested the adjournment resolu- I say they are plain wrong. I don’t un- supporter of their initiative. The Presi- tion. That is usually a must-do. But derstand it. dent of the United States supports then the response to that was that is Therefore, Senator MCCAIN and I are their initiative of an extension. But I not certain these days for all sorts of faced with a choice. We have to make a am not going to have 5,000 families reasons. Can we put it on the under- choice. We have made the choice and, hurt unnecessarily today. That is what lying bill that is pending before the in doing so, respectfully, there may be we need to work out. That is No. 1. Senate, the gun liability bill? That consequences to this highway bill. I No. 2, the Commission—I have talked may not quite work because we don’t join the Senator in saying we would be mainly about transportation—the know what the outcome of that bill is happy to have another vehicle that the Commission about which my col- going to be. House will definitely have to take up leagues from Arizona and Connecticut I mention that only to say, let’s work to get this done. It is that important. talked so eloquently, and the families, together, and if we can agree on an- We do not live in ordinary times. We my commitment is to them to also other amendable vehicle, then I am have constitutional responsibilities to make sure through this Commission willing to work with that, and I will do provide for the common defense and to that we have an extension, and I will everything I can. I think we can be suc- insure domestic tranquility. To me, use all the powers that a leader has in cessful. The problem is when you set a with all respect to the consequences of his caucus to make sure that Commis- bar that is going to become law in the not extending the highway law—and sion has sufficient time and access in next few days, it is impossible. they are real—they pale in significance fairness to the benefit of those fami- Mr. MCCAIN. Will the majority lead- to not giving this commission the lies. They deserve that. It is very im- er yield? extra time it needs to complete its portant the families understand that is Mr. FRIST. One other point, because work. my commitment as majority leader of it is going to be important as we go Here again, the Congress is chal- the Senate and that is what the major- forward, has to do with what the Intel- lenged procedurally to find a way to ity of the Senate believes. Though we ligence Committee did yesterday. allow what I think every Member of are having a disagreement with the Again, all of the Senators are aware the Senate wants to happen. That is House, in part, I am confident we will that the Intelligence Committee yes- why Senator MCCAIN and I are standing be able to work through that, as well. terday, on Thursday, marked up a bill up and basically crying out to our col- The reason I say these 5,000 families which is consistent with what I believe leagues: Help us. Don’t just help us, do not have to be hurt, with paychecks and what the Senator from Arizona be- help the country successfully prosecute stopping, a big furlough, don’t show up lieves, that a 2-month extension is ap- the war on terrorism with the informa- for work, which has real repercussions propriate. They marked up that legis- tion that will result from this Commis- throughout our transportation system, lation. We are going to hotline that bill sion’s report. Help us honor the mem- is that what we decide today on exten- right now to see if we can get unani- ory of the 3,000 who were killed on Sep- sion of the Commission will not have mous consent for that bill. I just want tember 11, 2001, and help us respond to any impact if we can make that same to put that on the table. Again, it is a the understandable appeals of the fami- decision a week from now or 2 days freestanding bill that later this morn- lies of the victims of September 11, of from now or 3 days from now. ing I will ask unanimous consent that which about 114 families live in the Why do I say that? Because the Com- we address. That bill would be brought State of Connecticut. mission is still working. It is working to the floor and passed, which again is It is for those reasons, respectfully, February, March, April, and May. The exactly what the families want, what that I join Senator MCCAIN in this ob- Commission is underway. They are Senator MCCAIN wants, what Senator jection. doing their work. Originally, on May LIEBERMAN wants, what the President I thank the Chair and yield the floor. 27, the Commission is supposed to end, of the United States, I suppose, the ad- The PRESIDING OFFICER. Objec- and the idea is extending it 2 months ministration wants and would ask that tion is heard. The majority leader. beyond that, which, again, I support. my two colleagues at least consider Mr. FRIST. Mr. President, let me But the Commission is underway. We that approach as well. make several points in response be- do not have to hurt 5,000 people in Let me close and say it is unneces- cause we are going to work this out in transportation families which will af- sary to hurt these 5,000 people today. some shape or form. I am not exactly fect our infrastructure today because There are alternatives that will allow sure how yet, but the challenge has the Commission is working and we can the Commission, if we work together, been laid out. still address the extension. to be extended, if that is the will of the

VerDate jul 14 2003 23:43 Feb 27, 2004 Jkt 029060 PO 00000 Frm 00003 Fmt 4637 Sfmt 0634 E:\CR\FM\G27FE6.006 S27PT1 S1856 CONGRESSIONAL RECORD — SENATE February 27, 2004 Senate. We would be unnecessarily Of course, we do not want to put Mr. MCCAIN. Reserving the right to hurting our transportation community those 5,000 families at a disadvantage object, and I will not object, that is the by linking two unrelated issues just to even temporarily, but we do not have bill that was passed through the Intel- use leverage to get this extension an alternative. ligence Committee yesterday; is that passed. Mr. FRIST. Will the Senator yield? correct? Mr. MCCAIN. Mr. President, will the Mr. LIEBERMAN. Yes. Mr. FRIST. That is correct. majority leader yield for one question? Mr. FRIST. Is it the contention of Mr. MCCAIN. I do not object. Mr. FRIST. Let me yield to the Sen- both the Senators that the Commission The PRESIDING OFFICER. Without ator from Connecticut and then the right now has had to shut down this objection, it is so ordered. Senator from Arizona, or either one. week because we have not allowed this The bill (S. 2136) was read the third Mr. MCCAIN. Mr. President, I just extension? time and passed, as follows: have a brief question for the majority Mr. LIEBERMAN. No, not at all. S. 2136 leader. In case he missed the morning Mr. FRIST. Is that what the Senator Be it enacted by the Senate and House of Rep- Washington Post, it says that the inde- from Arizona is basically implying, resentatives of the United States of America in pendent commission investigating the that the Commission has cut back this Congress assembled, September 11, 2001, attacks will have to week or if it is not settled today that SECTION 1. EXTENSION OF NATIONAL COMMIS- consider scaling back the scope of its the Commission has been com- SION ON TERRORIST ATTACKS UPON inquiry and limiting public hearings THE UNITED STATES. promised? (a) FINAL REPORT DATE.—Subsection (b) of unless Congress agrees by next week to Mr. MCCAIN. Could I respond by section 610 of the Intelligence Authorization give the panel more time to finish its again repeating what was in last Act for Fiscal Year 2003 (Public Law 107–306; work, its chairman. Governor Keane, a week’s Washington Post: The inde- 6 U.S.C. 101 note; 116 Stat. 2413) is amended Republican chairman, said that their pendent Commission will have to con- by striking ‘‘18 months’’ and inserting ‘‘20 ability to conduct their investigation sider scaling back the scope of its in- months’’. will be impaired permanently and se- quiry, limiting public hearings, unless (b) TERMINATION DATE.—Subsection (c) of verely unless Congress acts by next that section is amended— the Congress agrees by next week— (1) in paragraph (1), by striking ‘‘60 days’’ week. that is this week—to give the panel Mr. FRIST. In response to the Sen- and inserting ‘‘30 days’’; and more time. (2) in paragraph (2), by striking ‘‘60-day pe- ator’s question, I have not read the ar- They may not have to shut down but riod’’ and inserting ‘‘30-day period’’. ticle today, but I am glad he pointed it certainly their ability to conduct their (c) ADDITIONAL FUNDING.—Section 611 of out. Let’s do it by next week and not investigation, according to the chair- that Act (6 U.S.C. 101 note; 116 Stat. 2413) is hurt 5,000 people with an unrelated man of the Commission, Mr. Keane, amended— issue trying to use leverage that he former Governor of New Jersey, a Re- (1) by redesignating subsection (b) as sub- knows we have no alternative to deal section (c); publican, says would be impaired. (2) by inserting after subsection (a) the fol- with on the floor of the Senate. Every week that goes by makes the I am glad he pointed it out. Let’s lowing new subsection (b): extension less valuable, and when they ‘‘(b) ADDITIONAL FUNDING.—In addition to deal with it next week. He knows I am have to work toward the earlier dead- the amounts made available to the Commis- working to deal with it, which shows it line they have to start cancelling sion under subsection (a) and under chapter does not have to be dealt with today things and cannot go over things quite 2 of title II of the Emergency Wartime Sup- and hurt 5,000 people. as clearly as they might like. There is plemental Appropriations Act, 2003 (Public Mr. MCCAIN. The majority leader is a certain urgency, obviously, to Gov- Law 108–11; 117 Stat. 591), of the amounts ap- propriated for the programs and activities of incorrect. This article was last Friday, ernor Keane’s plea that we act this talking about this week, the chairman the Federal Government for fiscal year 2004 week. that remain available for obligation, not of the panel talking about this week. Mr. FRIST. Mr. President, let me go The PRESIDING OFFICER. The Sen- more than $1,000,000 shall be available for ahead, because I had asked that we fur- transfer to the Commission for purposes of ator from Connecticut. the activities of the Commission under this Mr. LIEBERMAN. I thank the Chair ther explore the only option I see, and again I think we ought to at least ad- title.’’; and and the leader. (3) in subsection (c), as so redesignated, by My friend from Arizona is right. That dress that. If we do what the Senator from Arizona has proposed, 4,600 em- striking ‘‘subsection (a)’’ and inserting ‘‘this is the first thing I wanted to point out section’’. ployees cannot show up for work, are that it was February 20, 1 week ago, in f the Washington Post that Governor not going to be paid and are going to be Keane made those statements. hurt if we accept their proposal. So I ORDER OF PROCEDURE I will give a quote from him: ask that they consider the proposal The PRESIDING OFFICER. The Sen- Every week that goes by makes the exten- which I mentioned a few minutes ago, ator from New Hampshire. sion less valuable. When you have to work I said we would be hotlining, and to Mr. GREGG. Mr. President, I ask toward the earlier deadline, you have to take the bill that was passed out of the unanimous consent to proceed as if in start cancelling things and you can’t go over Intelligence Committee yesterday, morning business for 15 minutes. things quite as clearly as you might like. that does exactly what they want, The PRESIDING OFFICER. Without This is last Friday. He says: what I want, which is to extend the objection, it is so ordered. Congress comes back into session next Commission, and pass that as a free- Mr. GREGG. Mr. President, I ask week and we really need to hear something standing bill. So as majority leader, I unanimous consent to modify my by then. am prepared to get this bill done this unanimous consent to have the Sen- We all know we would not be here minute. ator from Missouri proceed for 5 min- doing this if the leadership in the f utes followed by myself for 15. House at one point had not said quite The PRESIDING OFFICER. Is there EXTENSION OF FINAL REPORT clearly that they were not going to let objection? Without objection, it is so DATE OF NATIONAL COMMISSION this extension pass, notwithstanding ordered. ON TERRORIST ATTACKS UPON the fact that the Commission requested The Senator from Missouri. THE UNITED STATES it, the President has accepted the ex- f tension, and it is pretty clear to me, Mr. FRIST. I ask unanimous consent Senator FRIST, the leader, the Demo- that the Senate now proceed to the EXTENSION OF TEA–21 cratic leadership, all support the exten- consideration of S. 2136, a bill to extend Mr. BOND. Mr. President, I thank my sion. the 9/11 Commission. I further ask colleague from New Hampshire for his Unfortunately, the nature of the unanimous consent that the bill be request. presses that often breaks down here, read the third time and passed and the Before the distinguished minority as- the only way one can get done what motion to reconsider be laid upon the sistant leader leaves the Chamber, I one really thinks is necessary in the table. want to say I appreciate the good work national interest is to stand up and The PRESIDING OFFICER. Is there of the majority leader and the minor- say, stop. objection? ity to try to resolve this roadblock.

VerDate jul 14 2003 23:43 Feb 27, 2004 Jkt 029060 PO 00000 Frm 00004 Fmt 4637 Sfmt 0634 E:\CR\FM\G27FE6.009 S27PT1 February 27, 2004 CONGRESSIONAL RECORD — SENATE S1857 What we have before us is a false be furloughed affecting about 630 Fed- The ACTING PRESIDENT pro tem- choice posited by the Senators from eral employees. The Federal Motor pore. The Senator from New Hamp- Arizona and Connecticut. It does not Carrier Safety Administration would shire. matter how much they try to hold hos- stop operation. This action would put f tage the extension of the highway bill out of work 1,078 employees, and that CHARLES TAYLOR to keep these people working, there is does not even include the Bureau of no guarantee—and they cannot guar- Transportation Statistics. Mr. GREGG. Mr. President, in 1989, a antee—that the House would accept All told, 4,633 people will not be able little known thief and thug named whatever they put on. to report to work on Monday, March 1, Charles Taylor set in motion a series of They can hold this body hostage, and if this bill is held hostage to a propo- events which have thrown the impover- they have shown their willingness and sition that may or may not be accept- ished nation of Liberia into chaos and ability to do so, but should they be able sometime or any time by the its neighboring nations into genocide. able to add an amendment to the high- House of Representatives. Not only are From Ivory Coast he launched a suc- way extension, or now that we have we talking about people’s livelihoods, cessful coup against Liberia’s sitting passed the bill on extending the 9/11 we are shutting down the Federal agen- President, Samuel Doe, plunging Libe- Commission, it still has to go to the cies, which will have an adverse con- ria into 15 years of civil war. We are House. sequence for our Nation’s highways, still dealing with the fallout of that The action of the Senate Intelligence motor carrier safety, and consequen- war today. Committee yesterday was not unani- tially for the condition and operation The coup, notably, followed after mous. There are many other issues of our Nation’s surface transportation Charles Taylor had escaped from a that should be debated about that bill, system. Massachusetts prison in 1985, where he but I was not here to object and no one The Federal Transit Administration was about to be extradited for embez- objected to passing the bill from this will be affected without passage of this zlement. Groups on all sides of the Liberian body to extend the 9/11 Commission. extension. This is a time when the conflict have committed atrocities, in- It is important to realize this Com- States are reaching the most intense cluding widespread rape, massacres, mission was set up a long time ago. quarter of the fiscal year for announc- mutilation and torture, and forced They knew their deadline was May 27, ing construction projects. and if one were to ask the Senator labor of children. There are literally States, particularly those that have from Mississippi, Mr. LOTT, who ap- hundreds of accounts of villagers hav- seasonal construction award periods, pointed members of the Commission, I ing been slaughtered as they tried to and others that have work imme- believe he said at the time that the flee, women being raped, children being diately prepared to go to bid, will be ef- problem with commissions is we give brutally raped. Such atrocities have fectively stopped from making further them a lot of time and a lot of money been part of the deliberate policies of awards or bid lettings that have not and they do not always come up with Charles Taylor, his government, and been previously approved. Construction the deadline. the groups that fought for him. and other contractors will suffer eco- They have had this time. They have In the conflict, it is estimated ap- nomic loss with the potential for had extensive hearings. Now the ques- proximately 60,000 to 200,000 people died smaller operators to suffer substantial tion is whether the House will accept in the violence, and many more died economic hardship. Many of the busi- the proposal that the Senate has adopt- from hunger, disease, and lack of med- nesses and many of the operations in- ed to extend the 9/11 Commission for 2 ical care. volved are small businesses that would more months. After the end of the civil war in This body cannot hold hostage the effectively be cut off from their ability 1996—it really wasn’t a civil war; it was other body. What the Senators from to be paid for their work if we refuse to more of an attempt by Charles Taylor Arizona and Connecticut are doing is do this extension. to use brutality to force his way into seeking to hold hostage the whole Jobs will be lost in the private sec- Liberia—Charles Taylor became the highway program in the United States. tor. Immense harm could happen. It is President of Liberia by winning an If they hold that hostage, there is no not possible to calculate immediately election which he won simply by say- assurance that even next week there the actual job impacts for shutdown ing if he did not win, he would continue will be agreement by the House to take outside the workforce, but there was a the violence, continue the rape and de- a bill with the 9/11 Commission. survey, AASHTO’s August 2003 survey, struction and plunder of the country. TEA–21’s current extension expires which emphasized that perhaps 90,000 Meanwhile, in 1991, civil war erupted in on Sunday. If we fail to extend this, jobs could be lost if we went to a short- the neighboring country of Sierra there will be a shutdown of any further term extension. An extension is bad Leone. Sierra Leone is one of the most contract authority for Federal aid enough, but a complete disruption of impoverished nations in the world, highway projects and a shutdown of the program when there are crucial job which is particularly tragic in light of payments for work already contracted needs across the country will have an the fact that it has some tremendous for by the States and performed by economic impact on the families di- natural resources. The conflict was pri- contractors. This means no further rectly, and on the economy. marily between the Government of Si- projects can be approved or awarded. It Another major problem if we fail to erra Leone and a rebel group known as also means that not only the Federal extend it is that further debts will not the Revolutionary United Front. The Highway Administration but also the be paid. In the absence of an extension, RUF lacked any discernible political National Highway Traffic Safety Ad- the Government will not have author- agenda other than violence and plun- ministration, the Federal Motor Car- ity to continue to reimburse States for der. Its main objective was to take con- rier Administration, as well as the Bu- projects for which expenditures by trol of the Sierra Leone diamond reau of Transportation Statistics, will States have already been made. This mines. cease operation. has caused a cashflow crisis, since The RUF became notorious for its The Federal Highway Administration States are obligated to pay contractors use of forced amputations to control said that 2,925 employees will be fur- with or without reimbursement from the civilian population. The conflict loughed. These are not just employees the Federal Highway Administration. between the government and the RUF in Washington but Federal employees Some States depend on Federal aid and other factions has resulted in tens in every State office throughout the funds to pay bond debt service, and the of thousands of deaths and the dis- Nation, including those in the States of highway trust fund will be charged in- placement of more than 2 million peo- Arizona and Connecticut. This also terest under the Cash Management Im- ple, well over one-third of the popu- does not even include the many con- provement Act. We need the extension lation. tractors that will be affected by the to stop playing politics with people’s The situation in Sierra Leone became shutdown. jobs in this most important legislation. so bad in 1999 the United Nations estab- The National Highway Traffic Safety I thank my colleague from New lished a peacekeeping mission. This Administration employees would also Hampshire. mission was called UNAMSIL and has

VerDate jul 14 2003 23:43 Feb 27, 2004 Jkt 029060 PO 00000 Frm 00005 Fmt 4637 Sfmt 0634 E:\CR\FM\G27FE6.012 S27PT1 S1858 CONGRESSIONAL RECORD — SENATE February 27, 2004 cost the U.S. taxpayers a total of $646 Hundreds of thousands of civilians U.S., U.N., the Economic Community million over a period of 6 years. This who were forced to flee their homes of West African States—ECOWAS—and mission got off to a rocky start. The during the wars must be reintegrated Nigeria correctly realized that a peace British intervention in 2000 helped sta- into their villages from squalid refugee agreement—a necessary precursor to bilize the situation, and we should con- camps in and outside Liberia. Liberia’s U.N. intervention—could not include gratulate the British for being willing infrastructure must be rebuilt. So it is Taylor, an indicted war criminal. Fur- to step up to this issue. an expensive and long path. ther, the parties recognized that even Today, Sierra Leone is a relatively In the fall of 2002, the neighboring if an agreement could be reached, the stable country, which is quite a mir- and equally unstable country of Ivory rebels would never trust Taylor to acle. It is widely known that the then- Coast also collapsed into violence. abide by it, given his long history of re- Liberian President, Charles Taylor, Charles Taylor is known to have re- neging on peace agreements. So Taylor during the time of the violence in Si- cruited some of his mercenary fighters had to go—and fast. erra Leone, was essentially the force in Ivory Coast. He is now reported to The U.S., U.N., ECOWAS, and Nigeria behind the RUF. He was supplying the have supported rebels in west Ivory engaged in talks about how to get Tay- weapons, the training, and it was his Coast who were trying to oust the lor out of Liberia. An agreement was purpose to use the RUF to control the President of Ivory Coast. He is now re- reached in which Nigeria would offer diamond trade. For his support, he got ported to be supporting the rebels in Taylor asylum, but would not then be a great amount of the resources in the west Ivory Coast that seek to oust the pressured to turn Taylor over. The de- diamond trade. This is an important President of Burkina Faso, a neigh- tails of these talks are vague, but find- point because herein lies two roots of boring country that has enjoyed rel- ing a way to bring Taylor to the Spe- the cause of Sierra Leone’s woes: First ative stability. cial Court was reportedly not even dis- Charles Taylor, and second, conflict The U.N. is expected to take a vote cussed. But such a promise to Nigeria— diamonds. as early as tomorrow, or maybe even that it would not be pressured to hand We have addressed the issue of con- today, on the establishment of another over Taylor—should not have been flict diamonds through the Kimberley U.N. peacekeeping mission to Ivory made. Process, which is something that our Coast. The State Department has in- The parties involved decided that committee has played a major role in formed me that the United States will getting Taylor out of Liberia was the driving forward, where we now have vote for such a mission. The U.S. share fastest way to ‘‘stop the bloodshed.’’ I some control over the types of dia- of that cost will be about $60 million. would argue that, indeed, giving Taylor monds that are sold into the inter- Both Sierra Leone and the Liberian asylum in Nigeria was the surest way national market and whether or not missions are attributable in large part to prolong the bloodshed. Now safely they are conflict diamonds. to Charles Taylor. It is clear that Tay- ensconced in Nigeria with a hefty secu- We have also attempted to address lor is also heavily involved in the Ivory rity detail, Taylor is arguably in a bet- Charles Taylor. This is why I come to Coast conflict. We know he continues ter position now to destabilize Liberia the floor today, to talk about where we to dabble in other west African coun- and other West African nations. I will stand in addressing Charles Taylor. tries. come back to this point. Back in Liberia, around the time that The conflicts that plague west Africa Taylor, astutely, took Nigeria up on the mission to Sierra Leone got under- have many common denominators, but its offer of asylum. And on August 11, way, the anti-Taylor forces began to the one that stands out is Charles Tay- 2003, he and his entourage of 100 flew to mobilize and to actively fight the Tay- lor. Another one that stands out is the Nigeria. Taylor used Nigeria’s offer to lor government in Liberia. In 1999, an amount of death, destruction, and loss escape both the rebels and prosecution anti-Taylor faction called the Libe- of economic well-being that has oc- by the Special Court. rians United for Reconciliation and De- curred in that region as a result of The Nigerians have been offended by mocracy, LURD, was formed in north- Charles Taylor’s actions. Congress’ recent calls for them to hand ern Liberia. In 2003, a second anti-Tay- In 2000, with strong U.S. backing, the over Charles Taylor to the Special lor faction called the Movement for De- U.N. and the Government of Sierra Court. The Nigerians should be com- mocracy in Liberia, or MODEL, Leone began the process of establishing mended for the important leadership emerged in the southern Liberia area. a special court for Sierra Leone. The role they have played in this and other Both groups have been accused of mission of the Special Court is to try West African crises. But their past and atrocities similar to those committed those who bear the greatest responsi- continued contributions do not justify by the Taylor forces. bility for the genocide which occurred their refusal to cooperate with the Spe- As the situation in Liberia worsened in Sierra Leone and to try them under cial Court. If Nigeria is going to play a in the summer of 2003, the United Sierra Leone law. leadership role in West Africa, it must States came under intense pressure to The Special Court for Sierra Leone be committed to seeing those who de- intervene. At one point, the U.S. sent indicted Charles Taylor as its first act. stabilize that region stopped and held marines in to protect U.S. citizens in As its first act, it indicted the Presi- accountable for their actions. It must Monrovia and to conduct an assess- dent of Liberia. He is accused of 17 be committed to promoting the rule of ment of the situation in Monrovia. On counts of war crimes against human- law. September 19, 2003, with U.S. support, ity, and other serious violations of But the blame does not rest on Nige- the United Nations established a full- international humanitarian law. ria alone. The blame rests equally on blown peacekeeping mission to Liberia, But where is Charles Taylor? Not in the parties that negotiated for Taylor’s ordering the deployment of some 15,000 prison awaiting trial where he should transfer to Nigeria instead of his deliv- troops. One month later Congress re- be. He is living in a luxury villa in the ery to the Special Court—the U.S. and sponded by appropriating $245 million southeastern port city of Calabar, Ni- the U.N. It is inconceivable that the to cover the U.S. cost of the UNMIL geria. He is able to live in luxury be- U.S. and the U.N., which have been project, which is the U.N. initiative cause of the timber he plundered from driving forces behind the Special there—$200 million for humanitarian Liberia and the diamonds he plundered Court, would cast aside an opportunity aid in Liberia. In the fiscal year 2005 from Sierra Leone, much of which can to get the Special Court halfway to its budget request, the State Department be tracked to terrorists. He is able to goal and would not pursue the first per- has requested another $215 million for live in luxury because he was allowed son consequential in their activities of UNMIL. I am told the amount fell to leave Liberia and to go to Nigeria. violence in Sierra Leone. short of what the U.S. believes its When the situation in Monrovia last Upon his departure from Liberia, share of the cost will actually be. I am summer became so bad that his safety Taylor pledged: ‘‘I’ll be back.’’ Taylor unclear what will be required to sta- could no longer be assured, Taylor has reneged on at least 13 cease fire bilize Liberia, but it is estimated that began looking for an escape route. agreements and 8 peace agreements, 40,000 combatants, including 15,000 chil- As pressure mounted in the inter- each time using the negotiations to dren, must be disarmed, demobilized, national community for an interven- stall and re-arm. It is clear from state- and reintegrated into society. tion in Liberia, key players such as the ments like this and from Taylor’s past

VerDate jul 14 2003 23:43 Feb 27, 2004 Jkt 029060 PO 00000 Frm 00006 Fmt 4637 Sfmt 0634 E:\CR\FM\G27FE6.015 S27PT1 February 27, 2004 CONGRESSIONAL RECORD — SENATE S1859 actions that he intends to use asylum peacekeepers do not have the authority I have heard that some have the posi- in Nigeria to stall and re-arm, just as to disarm rebels forcibly. Disarmament tion, maybe we could try him in Nige- he has done in the past. The result of is always voluntary. What incentive, I ria while doing the trial in Sierra this is that, now, no one believes Libe- ask you, do combatants have to lay Leone. That does not work because Si- ria has seen the last of Charles Tay- down their arms while their boss is erra Leone does not allow that to hap- lor—least of all the Liberians. still calling the shots from his mobile pen. Nigeria tried to be a positive and Very clear conditions were placed command center in Calabar? constructive player in this effort. I upon Mr. Taylor’s offer of asylum: he Similarly, many Taylor subordinates congratulate them for their purpose of was to completely disengage himself hold key positions in Liberia’s transi- being constructive and positive. But it from the day to day affairs—military tional government. What incentive do is now time to hand over Mr. Taylor. or otherwise—of Liberia. Immediately they have to cooperate on necessary re- We should support Nigeria in that ef- upon his arrival in Nigeria, however, forms when they too believe that Tay- fort. The United States should support Taylor began breaking—flagrantly— lor could one day return? The longer Nigeria in that effort. the terms of his asylum agreement. Taylor escapes justice, the longer We are not pursuing the handover of Taylor has maintained contact with UNMIL will last and the worse its pros- Charles Taylor to the special court for his lieutenants and supporters through pects for success. what I believe are selfish reasons. That telephone calls, instant messaging, and As if all of this weren’t bad enough, I we are pursuing the Taylor handover is intermediaries who act as couriers. It am told by well-placed sources that re- critical to peace and stability in west is also said that Taylor maintains con- ports of Taylor’s link to Al Qaeda and Africa and because the people of Sierra trol over substantial numbers of com- other terrorist groups are ‘‘highly cred- Leone deserve justice. batants. Sources told me that Taylor ible’’. We have heard public testimony I commend the men and women of Si- was ‘‘on a satellite phone every day from members of the Liberian media, erra Leone. They have gone through talking with Liberian officials.’’ Even now living in the U.S., that Taylor extraordinary pain and trauma. They the United Nations Security Council in ‘‘supports terrorists and encourages have made the difficult decision to sup- October, 2003, then under U.S. chair- the presence of al-Qaeda members in port the special court. They are trying manship, issued a warning that Taylor Liberia’’. Taylor’s reported motive for to run a democratic government. They should discontinue communications supporting terrorists is to assure him- have done this with the expectation with his supporters in Liberia. self access to large amounts of arms. that the international community will In November, 2003, it was reported What am I missing here? Why are we support the commitments we have that Taylor’s former chief of staff was so willing to go around cleaning up made. Clearly, one of the fundamental recruiting mercenaries in Ivory Coast, messes created by Charles Taylor, and commitments we have made is that the Burkina Faso, and Ghana, all small yet we seem so content to let him live special court, when it indicts an indi- and similarly troubled West African his life peacefully in his villa? He con- vidual, will have the ability to bring nations. Also in November, it was re- tinues to terrorize and destabilize, and that person before it. ported that Charles Taylor’s son was in yet now he does so under the protec- The prosecutor of the special court is Ukraine negotiating for arms with tion of a nation that is in danger of be- a man named David Crane. He is an which to launch a fresh attack from coming an accomplice, though most American, a very competent and dedi- Ivorian territory. certainly unwitting, to his crimes. cated former Defense Department offi- It is reported that Taylor lieutenants The people of Sierra Leone deserve cial. Each day, he and his team dem- and loyalists have carved out a piece of justice. They deserve the right to have onstrate that justice can be effectively western Ivory Coast and have clashed the person who essentially designed and efficiently delivered in a war-torn with French peacekeepers there. and was the brains behind the RUF and region of the world. We should be proud It has even been reported by highly the atrocities which it committed of what they have done. What they reliable sources that Taylor engineered brought to justice. have done is incomplete and will con- the attempted coup in Burkina Faso It sends a terrible signal to Charles tinue to be incomplete as long as they last October. The reason? The Presi- Taylor, an indicted war criminal by an are not allowed to bring Charles Taylor dent of Burkina Faso, a former ally of internationally recognized tribunal set before the bar of justice in Sierra Taylor’s, was starting to cooperate up by the United Nations, underwritten Leone. with the Special Court. It is also by the United Nations and supported It is time for the international com- thought that Taylor supported the with American tax dollars. That tri- munity, the U.N., the United States, to coup because he believes renewed re- bunal has not been able to bring put an end to this extraordinarily de- gional chaos would assist him in his re- Charles Taylor before it. The forces structive chapter in west African his- turn to power in Liberia. Taylor is re- which are keeping that from happening tory. The only way we can put an end ported to be training 400 armed men in are the very forces which set up the to it is if we allow the court to try the town of Guiglo Ivory Coast. This tribunal itself. This is not only a bad Charles Taylor and bring him to jus- group, called ‘‘Death Roll M–15’’, was precedent for the Sierra Leone situa- tice. It is time to support that effort. reportedly established for the sole pur- tion but we know that other special I yield the floor. pose of destabilizing Burkina Faso. courts are going to be needed to deal Mr. LEAHY. Mr. President, I want to These are just reports. It will be with atrocities in other countries, with thank Senator GREGG for his important partly the Special Court’s job to con- genocide in other countries. Who is statement. firm or discredit them. But if even one going to take those courts seriously As we all know, Charles Taylor was of these reports is true, that is enough. when a court that has been set up by the brutal dictator of Liberia, respon- As long as Taylor’s former warlords the U.N. and underwritten by the sible for numerous atrocities in West take their orders from the man him- United States finds itself stymied when Africa. His loyalists raped, killed and self, no one is going to disarm. I am the person it believes is most respon- hacked the limbs off of innocent civil- told that Taylor supporters are al- sible for the genocide and the horror, ians. To bring Mr. Taylor—and others ready, in fact, refusing to disarm be- the destruction and the death in Sierra responsible for these crimes—to jus- cause they believe he will return to Leone is not allowed to be brought be- tice, the United States and United Na- power. Anti-Taylor rebels also refuse fore the court because the inter- tions Security Council established an to disarm because they too believe mediaries that allow him to maintain international tribunal—the Special Taylor’s exile is temporary. They be- his safe haven in Nigeria are the same Court for Sierra Leone. lieve they will need to maintain the people who set up the court? Nobody is Congress has consistently supported ability to defend themselves against going to take the special court seri- the Special Court by appropriating $20 reprisals or prevent his return to ously if we do not pursue Charles Tay- million for it. The Prosecutor for the power. lor and bring him to justice before that Special Court is an American, a former Disarmament, Demobilization, and court. He cannot be tried in absentia lawyer in the Defense Department. He Reintegration, or DDR, is the backbone under Sierra Leone law; he must be moved quickly to indict Mr. Taylor for of all U.N. peacekeeping missions. U.N. present in Sierra Leone. his crimes. To back up this indictment,

VerDate jul 14 2003 23:43 Feb 27, 2004 Jkt 029060 PO 00000 Frm 00007 Fmt 4637 Sfmt 0634 E:\CR\FM\A27FE6.011 S27PT1 S1860 CONGRESSIONAL RECORD — SENATE February 27, 2004 INTERPOL issued a Red Notice asking ing less than the U.S. Constitution resenting literally tens of millions of member states to help bring him to itself; that is, firearms. Americans from all walks of life. I justice. The bill, the Protection of Lawful thank them all for their effort to help Today, Mr. Taylor remains beyond Commerce In Arms Act, we are talking pass the Protection of Lawful Com- the reach of the court. He is in Nige- about today and debated thoroughly merce in Arms Act. I invite my col- ria—shielded by that government. To yesterday and the day before, would leagues to consider a broad cross sec- make matters worse, Taylor continues stop what I call junk lawsuits that at- tion of American citizens represented to work to destabilize parts of West Af- tempt to pin the blame and the cost of by such diverse organizations as rica. The State Department says it will criminal misbehavior on business men unions, including United Mine Workers not pressure Nigeria to turn Taylor and women who are following the law of America, United Steelworkers of over to the court. and selling a legal product. America, United Automobile, Aero- This is completely unacceptable. This bill responds to a series of law- space and Agricultural Implement Taylor is under indictment by a UN- suits filed primarily by municipalities Workers of America, the locals of the backed court. He continues to desta- advancing a variety of theories as to International Association of Machin- bilize parts of West Africa. We know why gun manufacturers and sellers ists and Aerospace Workers; business where he is. The United States needs to should be liable for the cost of injuries groups, including the U.S. Chamber of act and it needs to act now. caused by people over whom they have Commerce, the Alliance of America’s Yesterday, Senator GREGG and I— no control, criminals who use firearms Insurers, the National Association of along with 5 other Senators—sent a illegally. Wholesale Distributors, the National letter to the State Department urging This is a bipartisan bill. Let me ac- Association of Manufacturers, and the immediate action to get Taylor to the knowledge my Democrat sponsor, MAX American Tort Reform Association, court. It is time for the United States BAUCUS of Montana, for his work on the National Rifle Association; and to do the right thing. It is time for this initiative. Many others have more than 30 different sportsmen’s Taylor to come before the court. helped advance it, as well as the lead- groups and organizations whose mem- ers and the assistant leaders on both f bers are engaged in the conservation sides. By that demonstration, this bill and hunting and the shooting sports in- RESERVATION OF LEADER TIME is truly a bipartisan effort. The cospon- dustry in all 50 States across this great The PRESIDING OFFICER. Under sors we have to date are substantial. Nation. the previous order, the leadership time With myself and Senator BAUCUS in- I have used the term ‘‘junk law- is reserved. cluded, we now have 54 cosponsors. suits,’’ and I want to make it very We introduced the bill nearly a year f clear, because this was part of our dis- ago, last March, with more than half of cussion yesterday, to anyone listening PROTECTION OF LAWFUL the Senate as cosponsors at that time: COMMERCE IN ARMS ACT to this debate, I do not mean any dis- Senator ALEXANDER, Senator ALLARD, respect to the victims of gun violence The PRESIDING OFFICER. Under Senator ALLEN, Senator BENNETT, Sen- in any way who might be involved or the previous order, the Senate will re- ator BOND, Senator BREAUX, Senator brought into these actions by other sume consideration of S. 1805, which BROWNBACK, Senator BUNNING, Senator groups. BURNS, Senator CAMPBELL, Senator the clerk will report. Although their names are sometimes CHAMBLISS, Senator COCHRAN, Senator The assistant legislative clerk read used in the lawsuits, they are not the COLEMAN, Senator COLLINS, Senator as follows: people who came up with the notion of CORNYN, Senator CRAPO, Senator DOLE, A bill (S. 1805) to prohibit civil liability ac- going after the industry instead of Senator DOMENICI, Senator DORGAN, tions from being brought or continuing going after criminals responsible for against manufacturers, distributors, dealers, Senator ENSIGN, Senator ENZI, Senator their injuries or for their losses. The or importers of firearms or ammunition for GRAHAM of South Carolina, Senator notion originated with some bureau- damages resulting from the misuse of their GRASSLEY, Senator GREGG, Senator crats and some anti-gun advocates, and products by others. HAGEL, Senator HATCH, Senator the lawyers they were with. Pending: HUTCHISON, Senator INHOFE, Senator Hatch (for Campbell) amendment No. 2623, JOHNSON, Senator KYL, Senator Victims, including their families and to amend title 18, United States Code, to ex- LANDRIEU, Senator LINCOLN, Senator communities, deserve our support and empt qualified current and former law en- LOTT, Senator MILLER, Senator MUR- our compassion, not to mention our in- forcement officers from State laws prohib- KOWSKI, Senator NELSON of Nebraska, sistence, on the aggressive enforcement iting the carrying of concealed handguns. Senator NICKLES, Senator ROBERTS, of the laws that provide punishment Kennedy amendment No. 2619, to expand Senator SANTORUM, Senator SESSIONS, for the criminals who have caused the definition of armor piercing ammunition harm to them. and to require the Attorney General to pro- Senator SHELBY, Senator SNOWE, Sen- mulgate standards for the uniform testing of ator SMITH, Senator SPECTER, Senator There are adequate laws out there projectiles against body armor. STEVENS, Senator SUNUNU, Senator now, and we constantly encourage our Craig (for Frist/Craig) amendment No. 2625, TALENT, Senator THOMAS, and Senator courts to go after the criminal, to lock to regulate the sale and possession of armor VOINOVICH. them up, and to toss the key away piercing ammunition. This range of cosponsorship reflects when they are involved in gun violence The PRESIDING OFFICER. The Sen- extraordinarily widespread support and when they use a gun in the com- ator from Idaho. that crosses party and geographical mission of a crime. If those laws need Mr. CRAIG. Mr. President, today we lines and covers the spectrum of polit- to be toughened, our law enforcement begin the third day of debate on this ical ideologies that is clearly always efforts improved, then the proper important bill, S. 1805, addressing the represented in the Senate. It dem- source of help is the legislatures and problem that should outrage many onstrates a strong commitment by a the governments, not the courts, and Members of this Senate and by the co- majority of this body to take a stand certainly not law-abiding businessmen sponsorship we have at this moment, I against a trend of predatory litigation and workers who have nothing to do believe that is the case. That outrage that impugns the integrity of our with their victimization. No. should be against the abuse of our courts, threatens a domestic industry The reason there are junk lawsuits is courts by those who cannot change that is critical to our Nation’s defense, that they do not target the responsible public policy through representative jeopardizes hundreds of thousands of party for those terrible crimes. They government but instead are attempting good-paying jobs, and puts at risk ac- are predatory litigation looking for a an end run around the State and Fed- cess Americans have to a legal product convenient deep pocket to pay for eral legislatures to impose their polit- used for hundreds of years across this somebody else’s criminal behavior. Let ical agenda on the people of this coun- Nation for lawful purposes such as me repeat that. I define junk lawsuits try through litigation. In this case, recreation and defense. as predatory litigation looking for a their target is the one consumer prod- We have been joined in this effort by convenient deep pocket to pay for uct whose access is protected by noth- a host of supporting organizations rep- somebody else’s criminal behavior.

VerDate jul 14 2003 23:43 Feb 27, 2004 Jkt 029060 PO 00000 Frm 00008 Fmt 4637 Sfmt 0634 E:\CR\FM\A27FE6.013 S27PT1 February 27, 2004 CONGRESSIONAL RECORD — SENATE S1861 They are junk lawsuits by any defini- drug trafficking, that individual is not of charges are being brought today be- tion of the word because they are driv- shielded from a civil lawsuit by some- cause this country does not want to en by political motives to hobble or one harmed by the firearms transfer. hold its criminal element accountable, bankrupt the gun industry as a way to Finally, the bill does not protect any in many instances. control guns, not to control crime. member of the gun industry from law- It is not just unfair to hold law-abid- By definition, the legislation we are suits for harm resulting from any ille- ing businesses and workers responsible considering today aims to stop law- gal action they have committed. Let for criminal misconduct with the prod- suits that are trying to force the gun me repeat that. If a gun dealer, manu- ucts they make and sell, but it would industry into paying for the crimes of facturer, or trade association violates also bring havoc to our marketplaces. people over whom they have absolutely the law, this bill is not going to protect Hold on to your wallets, America, be- no control. them from a lawsuit brought against cause those businesses that don’t actu- Let me stop a minute right here and them for harm resulting from that mis- ally go into bankruptcy will have to make sure everyone understands the conduct. pass their costs through to the con- very limited nature of this bill. I have What I have listed for my colleagues’ sumer. My guess is that many in the expressed it. I have explained it. I have convenience is all spelled out in sec- anti-gun community would say: That is talked about it. I have asked all of our tion 4 of the bill. We have been through just fine; if we cannot bankrupt the Members to read S. 1805. that section several times over the last business, then let’s price the product What this bill does not do is as im- several days. Again, this is a rundown out of the range of the average law- portant as what it does. This is not a of the universe of lawsuits against abiding citizen who would like to af- gun industry immunity bill. This bill members of the firearms industry that ford a gun. To the criminal element does not create a legal shield for any- would not be stopped—I repeat, not be that probably steals for a living, they one who manufacturers or sells fire- stopped—by this narrowly targeted may have the kind of funds to buy that arms. It does not protect members of bill. gun in the black market at any price, the gun industry from every lawsuit or What all these nonprohibited law- and oftentimes they do. legal action that could be filed against suits have in common is that they in- Even without being successful, this them. It does not prevent them from volve actual misconduct or wrongful litigation imposes enormous financial being sued for their own misconduct. actions of some sort by a gun manufac- burdens on the gun industry. It is im- Let me repeat that. It does not pre- turer, seller, or trade association. portant to keep in mind that the deep vent them—‘‘them,’’ the gun industry— Whether you support or oppose the bill, pocket of the gun industry isn’t all from being sued for their own mis- I think we can all agree that individ- that deep. In hearings on the House conduct. This bill only stops one ex- uals should not be shielded from the side, experts testified that the firearms tremely narrow category of lawsuits: legal repercussions of their own lawless industry, taken together—I mean put lawsuits that attempt to force the gun acts. The Protection of Lawful Com- them all together, look at their assets, industry to pay for the crimes of third merce in Arms Act expressly does not their income—would not collectively parties over whom they have no con- provide such a shield. equal one Fortune 500 company. I am going to repeat this again be- trol. Last year it was estimated—and we cause some opponents continue to We have tried to make that limita- can only estimate because the costs of mischaracterize the bill. This is not a tion clear in the bill in several ways. litigation are confidential business in- gun industry immunity bill. It pro- For instance, section 2 of the bill says formation—that these baseless law- hibits one kind of lawsuit: a suit trying its No. 1 purpose is: suits have cost the firearms industry to fix the blame of a third party’s To prohibit causes of action against manu- more than $100 million. Furthermore, criminal acts or misdeeds on the manu- facturers, distributors, dealers, and import- don’t think these companies can just facturer or seller of the firearm used in ers of firearms or ammunition products for pass the costs off to their insurer be- the harm caused by the criminal or unlawful that crime. misuse of firearm products or ammunition Even though this is a narrowly fo- cause in nearly every case, insurance products by others when the product func- cused bill, it is an extremely important carriers have denied coverage. tioned as designed and intended. bill. The junk lawsuits we are address- I quote from what a Massachusetts We have also tried to make the bill’s ing today would reverse a longstanding union had to say about the issue, the narrow purpose clear by defining the legal principle in this country that union whose members work at the Sav- kind of lawsuit that is prohibited. Sec- manufacturers of products are not re- age Arms Company in Westfield, MA: tion 4 defines the one and only kind of sponsible for the criminal—I repeat, Today, we have 160 members from Savage lawsuit prohibited by this bill. Let me the criminal—misuse of their products. workforce. By comparison, about a dozen You do not have to be a lawyer to years ago, we had over 500 Savage workers repeat that. Section 4 defines the one who were members of our Local. . . . and only kind of lawsuit prohibited by know that runaway juries and activist this bill. Let me quote: judges can turn common sense on its Savage Arms is not alone. Other businesses have closed their doors, and a civil action brought by any person head in specific cases, setting prece- against a manufacturer or seller of a quali- dents that have had dramatic repercus- the jobs have not been lost because of fied product, or a trade association, for dam- sions. The potential repercussions here the sheer cost, the jobs have been lost ages resulting from the criminal or unlawful could be devastating. because of the sheer cost of fighting misuse of a qualified product by the person If a gun manufacturer is held liable these junk lawsuits. or a third party . . . for the harm done by a criminal for The impact on innocent workers and We have also tried to make the nar- misusing a gun, then there is nothing communities is not the only potential row scope of the bill clear by listing to stop the manufacturers of any prod- repercussion of these lawsuits. If U.S. specific kinds of lawsuits that are not ucts used in crimes from having to bear firearms manufacturers close their prohibited. Section 4 says they include: the cost of those crimes. Since when is doors, where will our military and actions for harm resulting from defects this country going to step to that peace officers have to go to obtain in the firearm itself when used as in- level? So automobile manufacturers their guns? Do we then have to start a tended—that is product liability will have to take the blame for the government gun manufacturing com- suits—actions based on the negligence death of a bystander who gets in the pany? I doubt that the efficiencies and or negligent entrustment by the gun way of a drunk driver? Yes, there are the qualities and the costs would be manufacturer, seller, or trade associa- some who would suggest that. The the same. Surely we don’t want foreign tion; actions for breach of contract by local hardware store will be held re- suppliers to control our national de- those parties. sponsible for a kitchen knife it sold fense and community law enforcement, Furthermore, if someone has been that was later used in the crime of not to mention the ability of individual convicted under title 18, section 924(h), rape? A baseball team, whose bat was American citizens to exercise their sec- in plain English, that means someone used to bludgeon a victim, will have to ond amendment protected rights who has been convicted of transferring pay for the cost of that crime? through accessing firearms for self-de- a firearm knowing that the gun will be Now, does that sound silly to the av- fense, recreation, and other lawful pur- used to commit a crime of violence or erage listener? It may. But those kinds poses.

VerDate jul 14 2003 23:43 Feb 27, 2004 Jkt 029060 PO 00000 Frm 00009 Fmt 4637 Sfmt 0634 E:\CR\FM\G27FE6.022 S27PT1 S1862 CONGRESSIONAL RECORD — SENATE February 27, 2004 For all these reasons, more than 30 Here today and in past lawsuits, we Is that the standard of care we would States have laws on the books offering have had great imagination that tries expect a businessperson to exercise, some protection for the gun industry to cook up the issue of negligence or to particularly one who deals in products from these extraordinary suits. Sup- redefine it or shape it in a way that that can kill? I don’t think so. That is port has steadily grown in Congress for Americans have said and that tort law what this is about. This is not about taking action at the Federal level. This has said for centuries: You shall not go punishing people for the criminal ac- would not be the first time Congress there; you cannot go there. tivity of others. It is about holding in- had acted to prevent this kind of Judges are saying that today and dividuals up to a standard of conduct threat to industries. Some would sug- have said it consistently in these kinds we expect from anyone. There are var- gest it is unprecedented, it has never of lawsuits. That doesn’t stop the law- ious examples. Some say, my God, if happened before. suits from coming. That does not stop the hardware store sells a knife to Let me give an example. There are a these lawsuits from draining hundreds somebody and it is used in a crime, number of Members in this Chamber of millions of dollars out of a law-abid- they are not responsible. If you have a who were serving when the Congress ing, responsible commercial and manu- car dealer who leaves the keys in the passed the General Aviation Revital- facturer entities. cars and has no security, and a teen- ization Act barring product liability I reserve the remainder of my time ager takes that car and gets into an ac- suits against manufacturers of planes and yield the floor. cident and harms someone, certainly I that were more than 18 years old. Just The PRESIDING OFFICER (Mrs. think the parents of the individuals a couple of years ago, in the Homeland DOLE). The Senator from Rhode Island. harmed or that individual could legiti- Security Act, Congress placed limits on Mr. REED. Madam President, the mately go to court and say this dealer the liability of a half a dozen indus- legislation before us can’t be all things. didn’t meet the rational standard of tries, including manufacturers of It can’t be an effective barrier against care of anybody in the automobile in- smallpox vaccine and sellers of litigation to protect the gun industry dustry. They have to secure these cars. antiterrorist technologies. These are and yet a way to protect the legitimate You cannot make them available to only a couple examples out of a signifi- rights of citizens who have been people and teenagers who might steal cant list of Federal tort reform meas- harmed by guns. them. That is common sense. ures that have been enacted over the In fact, it is not both; it is one of That would apply to the automobile years when Congress perceived a need them. It is carefully, cleverly worded dealer, but if this legislation passes, to protect a specific sector of our econ- legislation to immunize the gun indus- common sense doesn’t apply to the gun omy or defense interests from burden- try—dealers, manufacturers, and the industry in this country. In fact, this is some, unfair, and/or frivolous litiga- National Rifle Association—from any really a license for irresponsibility we tion. type of liability with respect to guns, are considering today. As I said before, I could go on. I have said enough for virtually. when they get the Federal firearms li- the moment. My colleagues are here. There are perhaps minor exceptions, cense, if this bill passes, you can get Senator REED, who is handling the op- but the cases we see before us today— another license. You are being irre- position, has statements to make. I be- the case of the DC snipers, the case of sponsible. That is not to suggest all lieve Senator LEVIN has an amendment two police officers in New Jersey— dealers are irresponsible, but many are. he would like to offer. But clearly, this would be barred. These cases have al- We talk about junk lawsuits. It is not is an issue whose time has come. It is ready been filed. In fact, one of the a junk lawsuit when your husband has time to step out and say: We are not sweeping aspects of this legislation is, been shot while sitting in the bus wait- going to suggest to law-abiding citizens it doesn’t attempt to set the rules pro- ing to go to work. I don’t think the that you ought to bear the brunt of the spectively, to say as we go forward Johnson family volunteered to be part criminal action. That is not the case. these cases would not be heard by the of this social experiment. I think any Law-abiding citizens already bear a courts. It literally walks in and tells suggestion to that effect is offensive. substantial amount of that brunt. Tax- people who have filed cases, cases that They have been harmed grievously. A payers usually pick up most of the bills have survived summary judgment mo- wife has lost her husband; children in these tragic instances. That is why tions already by State court judges: have lost their father. Their livelihoods enforcing the law, putting those who You are out of court. are in question. They seek redress, as misuse firearms behind bars, is what it This is sweeping, and it is unprece- anyone would. That is not a junk suit. really ought to be all about. dented. It deals a serious blow to citi- That is someone who says I have been But for social purposes, for political zens throughout this country while en- harmed by the negligence of someone purposes, for whatever reason that the hancing dramatically the legal protec- and that person should pay. anti-gun community has not been able tions for the gun industry. The suggestion that this suit is in re- to legislate either on the floor of the Consistently the proponents say: You sponse to some avalanche of lawsuits Senate, on the floor of the House, or in can’t hold someone responsible for the that is devastating the firearm manu- State legislatures across the Nation, criminal actions of another. That is facturers is without any foundation. they now run to the court system. not what these cases are about. These The industry is so stressed they have We suggest they can’t do that, nor cases suggest, declare, allege that an raised $100 million to protect them- should they do that. We want to pro- individual failed in his or her duties, selves, not just legally, but also in tect the victims. We certainly want to his or her responsibility to do what is terms of controlling the documents and protect them from the criminal ele- necessary, responsibility in the con- communications between themselves ment. Much legislation is talked about duct of their activity—in the case of and their attorneys. This is not an in- now for the victim and victims’ rights. gun dealers, to take sensible, reason- dustry that seems to be without re- I support all of those kinds of things. able precautions, the standard of care sources. But I can tell you many of the But why should the law-abiding manu- that a business person would use, the families of victims of the Washington facturer of any product in this country, standard of care that any business per- snipers are looking forward to a life- that is quality but simply misused and son must use in the United States. time where they might have the re- that misuse takes the life of a third The allegation is they fail to do that. sources to send children to college and party—why should that manufacturer The evidence is overwhelming there do the things they would have been be responsible? We already have a was no standard of adequate care. Here able to do if their spouse was still broad range of areas in which that re- is a gun dealer who could not account alive. The industry, it has been sug- sponsibility is described and in which for 238 weapons, who claims a teen- gested, is being pushed into bank- the consumer is protected if that re- ager—he didn’t realize it at the time— ruptcy because of these frivolous junk sponsibility is not followed by the must have walked in and shoplifted an lawsuits. manufacturer or those who sell that automatic weapon, a sniper weapon, Well, Savage Arms was mentioned. It product in the marketplace. That is an and carried it away undetected. In fact, is a company that was founded in 1894. arena that is well litigated today. That this weapon was missing without his It has provided firearms for now over a is an arena in tort law that is well knowledge for weeks and months, un- century. It went bankrupt in 1988 be- spelled out. determined. cause, according to the CEO, Ron

VerDate jul 14 2003 23:43 Feb 27, 2004 Jkt 029060 PO 00000 Frm 00010 Fmt 4637 Sfmt 0634 E:\CR\FM\G27FE6.024 S27PT1 February 27, 2004 CONGRESSIONAL RECORD — SENATE S1863 Coburn: ‘‘We had too many products, types of suits. In addition to that— that the individual gun dealer at Bull’s each of them in dire need of re-engi- talking about overreaching, dismissal Eye knew the particular weapon was neering.’’ of pending actions—it is rare indeed missing more than 48 hours before he There is no suggestion they were that this Congress could go in and tell was confronted by the ATF and that he being intimidated by these fancy polit- plaintiffs who have a case in progress failed to report it and, as a result, the ical science lawsuits. Under the bank- you are out the door, you cannot pro- sniper using that weapon inflicted the ruptcy plan, Coburn reduced the prod- ceed. This is extraordinary, to me. harm. But, of course, the facts suggest uct line and fired 400 employees. There A qualified civil liability action that is otherwise. The weapon was shoplifted. has been contraction in this industry, pending on the date of enactment of this act The individual claimed he did not as in every manufacturing industry, shall be immediately dismissed by the court. know it was missing at all. but it is not as a result of these suits. Not reviewed but dismissed. I think, All of these carefully worded excep- Since that time, Savage has done re- again, that is extraordinarily broad tions do not provide relief for indi- markably well. They have taken the and sweeping. The real aspect of this vidual plaintiffs. They do not provide it lead in many different aspects. They legislation goes to the definition on the for the plaintiffs in the case of the are a responsible company. They were next chart. snipers. They do not provide relief in honored as manufacturer of the year A qualified civil liability action means a the case of the two police officers in and in many other aspects. It has been civil action brought by any person against a New Jersey. Yesterday, we had an op- suggested this company, in effect, is manufacturer or a seller of a qualified prod- portunity to correct that, just a small overwhelmed by these lawsuits. I don’t uct or trade association, for damages result- correction that would allow for these think that is the case. I think they ing from the criminal or unlawful misuse of situations, and we failed to do that. make business judgments as any busi- the qualified product by the person or a third ness—based upon products, demand, party, but shall not include— This legislation is designed with one and all these things. So it is any action, again not nar- purpose: to immunize the gun industry. We are not facing a situation where rowly constrained, carefully worded I think it is unfortunate, it is unprece- we would be without the benefit of gun legislation. dented, and it leads to the conclusion manufacturers in the United States be- Then there are several exemptions. that we are essentially encouraging the cause of these lawsuits. The suggestion Let me point out, if this were a nar- kind of reckless behavior, the kind of that this somehow would interfere with rowly crafted piece of legislation, the irresponsible behavior which is not the our national security is outlandish. exemption I think should apply to the norm, but it is certainly present and, The suggestion we would then have to gun industry, not to the litigants. It indeed, it is present in the context that turn to foreign suppliers for our mili- should be those safe harbors where if firearms pose a particular danger to tary is rather odd. Indeed, today, many they do certain things, they are pro- the community. tected, if they exercise due care. That of the suppliers for our national de- We talked about Bull’s Eye Shooter is the way we want to draft narrowly fense are the subsidiaries of foreign Supply in Tacoma, WA, over 238 weap- worded legislation. And this is quite to companies. Browning, Winchester and ons missing. You are not supposed to the contrary. Fabrique Nationale, which supplies M– have any weapons missing. 16 A–4 assault rifles and the M–2 49G The burden is now on the individual Then there are the situations, for ex- squad automatic weapon, are subsidi- to show that they qualify to bring their ample, of Buckner Enterprises, Pro aries of Herstal, a Belgium firm. The case to court, not on the companies to Guns and Sporting Goods, D&D Dis- Pentagon contracted with Heckler and show that their case is somehow out- count, Hock Shop, Julie’s Pawn, Kent Koch, a German firm, to help develop side the normal range of negligent ac- Arms, Northwest Shooters, Woodstove the next generation of industry weap- tions. The key provision, in terms of the Supply, and Steve’s Guns and Archery, ons. Clearly, the Pentagon doesn’t feel sniper case—and I will talk about the all in Michigan. American manufacturers are so dis- sniper case in a moment—is sections ii Over a 4-month period, an undercover tressed that they have to go overseas. and iii. Madam President, ii is ‘‘actions State trooper and a 20-year-old con- They are going overseas because they brought against a seller for ‘‘negligent victed felon traveled to 14 firearms re- are looking for superior weapons. They entrustment’’ or ‘‘negligence per se.’’ tailers and attempted to make a straw are dealing with American subsidiaries Negligent entrustment is a defined purchase. The eight stores I mentioned of foreign companies. This is not about term in the legislation. It means: above agreed to make the straw deal— preserving the defense and the ability . . . the supplying of a qualified product by irresponsible and reckless and, under a seller for use by another person when the to access weapons. This is about pro- this legislation, perhaps invulnerable seller knows, or should know, the person to to a suit by someone who might have tecting one industry from the legal re- whom the product is supplied to is likely to, sponsibility to exercise caution any in- and does, use the product in a manner in- been hurt as a result of the potential dividual must exercise—one industry, volving unreasonable risk of physical injury straw sales. when all industries must do that, or in- to the person or others. Bob’s Gunshop, Bristol, PA, repeat- deed the vast majority. This is not The key element is ‘‘know.’’ For ex- edly sold firearms to convicted felons about protecting the integrity of the ample, in the sniper case, the dealer and out-of-State residents, including a courts. What does it say to the integ- claims he did not know that the weap- 9 mm Taurus sold to a New Jersey con- rity of the courts of West Virginia on was missing. It has been acknowl- victed felon. The owners of the store when a judge already found that a suit edged by the sniper that the weapon counseled criminals and out-of-State involving these two New Jersey police was shoplifted. This theory will not residents to find a local resident to officers should proceed, when we say, provide that case to go forward. complete the background check. no, you are wrong, this case is out the ‘‘Negligence per se,’’ again, is an ele- Is that irresponsible? Yes. Is that door? This is not about protecting ment of knowledge which does not against the law? Perhaps not. courts. It is about protecting an indus- seem to exist within the facts as we try. know them about the Bull’s Eye situa- It goes on and on. One gun store with We have been asked to look closely tion. By the way, it has been abrogated which I am intrigued is Illinois Gun at the law. We have to look closely at as a theory of law in Washington State Works in Chicago, IL. John ‘‘No Nose’’ the law in terms of the cases we know which would be an appropriate forum DiFronzo, a reputed mobster, owns the are pending because, frankly, we could for the trial, or at least for consider- property where Illinois Gun works is hypothesize about cases in the future. ation. That doesn’t work. located. Illinois Gun Works is one of This is the law: The next section is actions in which the leading suppliers of crime guns to A qualified civil liability action may not a manufacturer or seller of a qualified local criminals. This is from the Chi- be brought in any Federal or State court. product who violated a State or Fed- cago Sun Times. That is not a particularly narrow ex- eral statute and, quite importantly, There are gun dealers out there who cerpt. It is not a listing of those ex- that violation was a proximate cause of are acting irresponsibly and neg- emptions the gun industry made avail- the harm. ligently. They will escape liability if able themselves. This is broad and In the case of the sniper shootings, this legislation passes. There are man- sweeping, barring the doors of these literally it would have to be shown ufacturers that are not policing the

VerDate jul 14 2003 01:07 Feb 28, 2004 Jkt 029060 PO 00000 Frm 00011 Fmt 4637 Sfmt 0634 E:\CR\FM\G27FE6.027 S27PT1 S1864 CONGRESSIONAL RECORD — SENATE February 27, 2004 ranks of their dealers effectively view it over the weekend, or our staffs be to modify any UC to agree to set enough who continue to sell to dealers will. I think that is fair and appro- aside my amendment, which will be such as these, who continue to report, priate. Because the amendment of the fine, but then make it a part of the UC as Bushmaster, the company that man- Senator from Virginia is not in the sec- that my amendment then be the ufactured the sniper weapon, reported ond degree, it is my understanding the amendment that is in order on Mon- in regard to Bull’s Eye. They are a amendment of the Senator from Michi- day, because otherwise I am weakening good company. Even after all of this, gan would have to be set aside for the the position I have. they will escape liability. purpose of offering the amendment by Mr. WARNER. Madam President, We are in an extraordinarily impor- the Senator from Virginia. there is no intention of this Senator to tant moment. Will we extend this un- Mr. LEVIN. I would then offer— weaken. As a matter of fact, I intend to precedented protection to an industry, Madam President, do I have the floor? vote in favor of the Senator’s amend- will we signal to an industry that they The PRESIDING OFFICER. The Sen- ment, subject to a colloquy we will can be irresponsible, they can be neg- ator from Michigan has the floor. have to clarify a question I have in my ligent? That is what we are talking Mr. LEVIN. I then suggest the mind. But the Senate must go forward about today. amendment in a unanimous consent re- today on amendments. I am trying to I know my colleague, Senator LEVIN, quest, that my amendment again be figure out what is the procedure by is here to offer an amendment. Let me the regular order first thing on Mon- which we do it so that my colleague ask that he be allowed to do that. I re- day. The reason for this is that it is from Michigan is protected. tain my time for additional comments important to assure that there be votes The PRESIDING OFFICER. The Sen- later. on these amendments. I do not know ator from Michigan has the floor. The PRESIDING OFFICER. The Sen- what the intention of the Senator from Mr. LEVIN. I have no objection to ator from Michigan. Idaho is relative to—— yielding the floor for an answer to that Mr. CRAIG. Madam President, may I Mr. CRAIG. I object to that unani- question, without losing my right to briefly say, I think the Senator is here mous consent. There may be other the floor. for the offering of an amendment, and amendments offered today by other The PRESIDING OFFICER. The Sen- then I believe Senator WARNER would parties. like to follow him in the offering of an Mr. LEVIN. I have no objection, of ator from Idaho. amendment. If there is no objection, I course, to that, but my question to the Mr. CRAIG. Certainly the expla- ask unanimous consent that be the Senator from Idaho is, is it the inten- nation of the Senator as to what lead- procedure. tion of the Senator from Idaho that ership proposed in the unanimous con- Mr. LEVIN. Reserving the right to there be votes on amendments that are sent request, that amendments could object, it is my understanding the Sen- offered on Monday? be offered today and Monday, is accu- ator from Virginia wants to offer an Mr. CRAIG. I believe the leadership rate. But the unanimous consent re- amendment. on both sides intends for there to be quest guaranteed votes only to those Mr. WARNER. Following the Senator votes, or a vote on an amendment, but amendments that were within the from Michigan, that is correct. I cannot tell the Senator what that unanimous consent request. I am not Mr. LEVIN. Madam President, I ask amendment will be. I object to a spe- today going to allow that unanimous the Senator from Virginia, is it a sec- cific amendment at this time. consent request to be amended for the ond-degree amendment? Mr. LEVIN. Then I would have to ob- purpose of stacking up a variety of Mr. WARNER. Madam President, no, ject because otherwise I am no longer votes. I am willing to look at that on it is a freestanding amendment in no the regular order. Monday. I have not yet seen the Sen- way related to the amendment of my The PRESIDING OFFICER. The ob- ator’s amendment. We just received it. distinguished colleague from Michigan. jection is heard. We are reviewing it now. There may be Mr. LEVIN. I would agree to that Mr. WARNER. Might I seek a clari- other amendments I want to review providing— fication from the distinguished floor with staff over the weekend. Mr. CRAIG. Let me clarify— manager? So I renew my objection to allowing Mr. LEVIN. I want to make sure we The PRESIDING OFFICER. The Sen- the Senator to become in order again. get a vote on my amendment. This is ator from Michigan has the floor. We have an amendment that we did not what this is all about. We might as Mr. LEVIN. I am happy to yield for a get to last night, and that is Senator well get this out in the open as to question without losing my right to BINGAMAN’s amendment that was in whether or not there will be votes that the floor. order under the unanimous consent will be agreed to on the amendments Mr. WARNER. Well, I do not seek to agreement. The hour was late and most that are offered. The unanimous con- take the floor, but if the Senator car- were wanting to go home. The Senator sent agreement talked about amend- ried out his objection to the full mean- was kind enough to put that vote over. ments being offered today and Monday. ing, it would prohibit any amendments It is my understanding that that will The Senator from Idaho, I think, as coming up today unless the Senator be at least one amendment that could well as I believe the Senator from Ne- agreed to laying his amendment aside be voted on, because it is entitled to be vada, talked about votes on these so that another amendment could come voted on within the unanimous consent amendments, but it is not clear in the up. Is that the desire of the Senator? agreement, late Monday afternoon. UC that the amendments offered would Mr. LEVIN. Not at all. My desire is Mr. LEVIN. I thank my good friend be voted upon. that I not lose my opportunity to have from Idaho. a vote on my amendment. I do not want to lose the regular AMENDMENT NO. 2631 order that my amendment would be I do not want a vote today. Let’s be Mr. LEVIN. Madam President, I send disposed of by agreeing to a unanimous very clear on this. When the operating my amendment to the desk and ask for consent agreement that my good friend UC was entered into, it was my under- its immediate consideration. from Virginia would then come next. standing that amendments would be al- That is the issue, I tell my good friend lowed to be offered today and Monday. The PRESIDING OFFICER. The from Idaho. It was also my understanding that clerk will report. Mr. CRAIG. If the Senator will yield. there was an intention that that meant The assistant Journal clerk read as Mr. LEVIN. I will be happy to yield. those amendments would be voted on follows: Mr. CRAIG. It is our belief, it is my at some point—not today but at some The Senator from Michigan [Mr. LEVIN] purpose today to disallow any votes point. If there is any doubt that that is proposes an amendment numbered 2631: from occurring. There will be no votes the intention of the leadership or of (Purpose: To exempt any civil action against today. the floor managers, to allow votes on a person from the provisions of the bill if Mr. LEVIN. Of course. amendments that are offered today, the gross negligence or reckless conduct of Mr. CRAIG. On any action. The Sen- the only way I can come close to hav- the person proximately caused death or in- ator can offer his amendment. We have ing assurance that there will be a vote jury) just seen it. Senator REED and I will re- on my amendment at some point will On page 11, after line 19, add the following:

VerDate jul 14 2003 01:19 Feb 28, 2004 Jkt 029060 PO 00000 Frm 00012 Fmt 4637 Sfmt 0634 E:\CR\FM\G27FE6.030 S27PT1 February 27, 2004 CONGRESSIONAL RECORD — SENATE S1865 SEC. 5. GROSS NEGLIGENCE OR RECKLESS CON- desire in every way to cooperate with to take a few minutes to raise the issue DUCT. the joint leadership which, in a bipar- of tort reform with regard to another (a) IN GENERAL.—None of the provisions in the Act shall be construed to prohibit a civil tisan way, has indicated their desire, industry—the health care profession. liability action from being brought or con- together with expressions of the Presi- I have indicated my father’s lifework tinued against a person if that person’s own dent, that this bill move forward. This was in medicine. I had often thought as gross negligence or reckless conduct was a is not a dilatory tactic on my part, nor a young man to pursue that profession. proximate cause of death or injury. is it to be construed in any way as a But without getting too personal about (b) DEFINITIONS.—As used in this section— political tactic. The subject of this this, I served briefly in World War II in (1) the term ‘‘gross negligence’’ has the amendment simply is a very heartfelt, the Navy. My father died just months meaning given the term in subsection (b)(7) personal matter for me. after I returned home. I think had he of the Bill Emerson Good Samaritan Food Each of us counts our joys and bene- lived I might well have followed in his Donation Act (42 U.S.C. 1791(b)(7)); and (2) the term ‘‘reckless’’ has the meaning fits through life. I was blessed with two profession. But nevertheless, I went on given the term in the application notes very strong and wonderful parents. My to law school, and had a modest career under section 2A1.4 of the Federal Sen- father devoted his life to the medical in the practice of law and in one thing tencing Guidelines Manual. profession. He served in World War I as and another. And here I am today, The PRESIDING OFFICER. The Sen- a very young doctor in the trenches. He proud to represent my great State in ator from Idaho. returned a decorated soldier, and estab- the Senate. Mr. CRAIG. Madam President, let us lished his practice as a surgeon. He Soon, the Senate will vote on S. 1805, try to sort this out so that the Senator concluded a lifetime of total dedication legislation to provide certain legal pro- from Virginia is not left out. to the profession of medicine, his pa- tections to the gun industry—legal pro- I suggest the absence of a quorum. tients, and the healing of those who tections which are denied almost The PRESIDING OFFICER. The have the misfortune of illnesses and across the board to almost every other clerk will call the roll. other diseases. It is for that reason I industry in the private sector, and cer- The assistant Journal clerk pro- bring up this amendment for consider- tainly the medical profession. ceeded to call the roll. ation in the Senate. In brief, this It is a very selective piece of legisla- Mr. CRAIG. Madam President, I ask amendment states that if the Senate tion for a very selective group. Pro- unanimous consent the order for the believes certain protections from law- ponents have argued this legislation is quorum call be rescinded. suits should be afforded to the gun in- necessary because lawsuits are driving The PRESIDING OFFICER. Without dustry, then certain protections should gun dealers and gun manufacturers out objection, it is so ordered. be likewise afforded to the medical pro- of business. Mr. CRAIG. Madam President, let me fession. It is as simple as that. It is very simple. The same thing is place a unanimous consent request to Earlier this week, we dealt with a happening to the medical profession. facilitate actions of the two Senators similar piece of legislation. But this Simply stated, the same situation, al- on the floor. I ask unanimous consent amendment differs in the sense that I though far more serious in my judg- the Levin amendment be temporarily have purposely removed any reference ment and in the judgment of others, is set aside for the purpose of allowing to insurance companies or to those happening to the medical profession. the Senator from Virginia to offer his companies engaged in the manufacture Doctors, nurses, and other health care amendment. Once that amendment is of healing drugs. I have done this to professionals are leaving the practice offered and discussed, the Warner point out with absolute clarity in the of medicine due to the astronomical amendment would then be set aside for minds of all Senators that if the under- cost of malpractice insurance, frivo- the purpose of returning to the Levin lying bill does move forward, then lous lawsuits, and what is regarded as amendment. should comparable fair treatment be runaway jury verdicts where awards, The PRESIDING OFFICER. Is there extended to the medical profession that by any standard of fairness, far exceed objection? serves every single American. the damages which some may have suf- Mr. LEVIN. Do I understand, then, The gun industry has a narrow fol- fered as a consequence of receiving that the Levin amendment would con- lowing, in terms of those served under medical attention. tinue to be the regular order under this bill. I don’t say that with any dis- In my view, if we are going to be pro- that unanimous consent? respect. I, throughout my life, have tecting the gun industry from lawsuits, Mr. WARNER. I believe that is cor- owned and enjoyed guns. My father we at least ought to protect the med- rect, yes. gave me my first gun when I was 9 ical profession. We have all heard the The PRESIDING OFFICER. It would years old, and I have a modest collec- real stories from doctors about the rap- be the pending question. tion to this day. I enjoy the fields and idly increasing cost of medical mal- Mr. LEVIN. I thank the Senator from the streams. I pride myself as being a practice insurance. Some States’ mal- Idaho. It is fine with me. hunter and an outdoorsman. In no way, practice insurance premiums have in- The PRESIDING OFFICER. Without do I make any personal affront against creased as much as 75 percent in a sin- objection, it is so ordered. those who similarly follow the joys of gle year. Mr. CRAIG. I thank the Senator for the outdoors. As a result, the fact is these doctors, his cooperation and turn to the Sen- But, I believe it is essential that if unable to afford ever increasing pre- ator from Virginia. this mighty institution of the Senate miums, are leaving the profession alto- AMENDMENT NO. 2624 move forward with the underlying bill, gether and patients are losing access to Mr. WARNER. I thank my col- they carry with it an amendment health care. leagues. I ask that amendment No. 2624 which accords the same protections to Again, my father’s profession was be the pending business. the medical profession, whether it is an surgery primarily, but he also prac- The PRESIDING OFFICER. The emergency room or the doctor’s office. ticed gynecology. clerk will report the amendment. With that in mind, I hope my col- I was astonished to learn that in The senior Journal clerk read as fol- leagues look upon my effort as one of many medical schools today those lows: purity of heart, and not for political young people studying to go into the The Senator from Virginia [Mr. WARNER] reason. I have no reason to try to im- various segments of medical practice proposes an amendment numbered 2624. pede the underlying bill, but I simply are shunning gynecology. Some med- Mr. WARNER. I ask unanimous con- want to give the medical profession ical schools are not even graduating sent the reading of the amendment be such benefits as the Senate is now con- those engaged in gynecology. They dispensed with. templating in giving to a very narrow have just stopped that segment of the The PRESIDING OFFICER. Without segment of our industry; namely, the profession because they know of the objection, it is so ordered. gun industry and the gun dealers. difficulties to practice gynecology as a (The amendment is printed in today’s I rise today to offer an amendment to result of medical malpractice suits. RECORD under ‘‘Text of Amendments.’’) address the issue of a form of tort re- I have here today the front pages of Mr. WARNER. Madam President, I form. Today the Senate is debating two of the leading magazines we all want to make it eminently clear that I tort reform for the gun industry. I wish read. There it is. One: ‘‘The Doctor Is

VerDate jul 14 2003 23:43 Feb 27, 2004 Jkt 029060 PO 00000 Frm 00013 Fmt 4637 Sfmt 0634 E:\CR\FM\A27FE6.001 S27PT1 S1866 CONGRESSIONAL RECORD — SENATE February 27, 2004 Out.’’ The other: ‘‘Lawsuit Hell—How The article continues: The president of the AMA, Dr. John Fear of Litigation Is Paralyzing Our ‘‘With just one obstetrician left in Nelson, has publicly stated, ‘‘We can- Professions.’’ town for high-risk cases, some women not afford the luxury of waiting until There is the story. who need C-sections now must take a the liability crisis gets worse to take All I am asking is if this bill passes 40-minute ambulance ride’’ to other action. Too many patients will be the Senate that doctors, nurses, and communities to try to get that service. hurt.’’ other practitioners in health care are Dr. Beres’ case makes clear that not The American College of Surgeons given the same equal treatment as the only doctors are being affected by the concurs by stating, ‘‘More and more gun dealers and the gun manufactur- medical practice insurance crisis, but Americans aren’t getting the care they ers. It is as simple as that. patients are as well. With increased need when they need it. . . . The ‘dis- I have received numerous letters, as frequency, due to rising malpractice appearing doctor’ phenomenon is get- have every single Member of this body, rates, more and more patients are not ting progressively and rapidly worse. It from medical professionals in the Com- able to find the medical specialists is an increasingly serious threat to ev- monwealth of Virginia that share with they need. eryone’s ability to get the care they me the very real difficulties they are The second magazine, Newsweek, need.’’ encountering with malpractice insur- also recently had a cover story on the Let me state unequivocally that I ance as a consequence of this problem. medical liability crisis entitled ‘‘Law- agree with our President, with the I myself went through a modest med- suit Hell.’’ AMA, with the American College of ical procedure the other day. The radi- I was particularly struck by the fea- Surgeons, and with the vast majority ologist literally cornered me as I was ture in this magazine about a doctor of doctors all across Virginia. That is exiting the examination, and stopped from Ohio who saw his malpractice pre- why I am offering my amendment to talk to me—not one, not two, but miums rise in 1 year from $12,000 to today. about eight came in knowing the Sen- $57,000—1 year. As a result, this doctor My amendment is simple, like other ator from Virginia was in the facility. ‘‘decided to lower his bill by cutting measures that have come before the They had me flat on my back. I lis- out higher-risk procedures like Senate, my amendment provides a na- tened very carefully as they ex- vasectomies, setting broken bones and tionwide cap on damages in medical plained—not complaining nor whining delivering babies—even though obstet- malpractice lawsuits. in any way, but in a factual way—how rics was his favorite part of the prac- My amendment differs from other the radiologists in their profession tice. Now he glances wistfully at the measures that have been voted on in have watched the astronomical in- cluster of baby photos still tacked to the Senate in one key aspect—whereas crease in cost of their insurance. his wall in the office. ’I miss that part these other bills would have applied to Let me read a letter I just received. of the practice terribly,’ he says.’’ doctors, my amendment is solely lim- I will withhold the name. But the let- While these stories are compelling on ited to the caring medical professionals ter is in my office. This young doctor their own, the consequences of this who take care of each and every one of writes: malpractice crisis can be more pro- us when we need medical care. I am writing you to elicit your support and found. On February 11, 2003, a young It is a commonsense solution to a se- advice for the acute malpractice crisis going woman in Gulfport, MS, shared with rious problem. on in Virginia. . . . I am a 48-year-old single both the HELP Committee in the Sen- Now that I have laid out the amend- parent of a 14- and 17-year-old. After all the ate, on which I serve, and the Judiciary ment, I would like to reiterate one im- time and money spent training to practice Committee her personal story about portant point. As you know, the gun OB-GYN, I find myself on the verge of almost how this crisis affected her. immunity bill provides broad protec- certain unemployment and unemployability tion to gun manufacturers and gun because of the malpractice crisis. I have been This woman told us how on July 5, employed by a small OB-GYN Group for the 2002, her husband Tony was involved in dealers in both Federal and State last 7 years. Our malpractice premiums were a single car accident, in which he had court. The bill is aimed at protecting increased by 60 percent in May 2003. The pre- a head injury, and was rushed to a hos- the manufacturers and dealers from diction from our malpractice carrier is that pital in Gulfport where he received lawsuits that result from the criminal our rates will probably double at our renewal medical attention. He could not be or unlawful use of a firearm. The basic date in May 2004. The reality is that we will treated at the Gulfport hospital be- data is that if a manufacturer or dealer not be able to keep the practice open and cause they did not have the specialist follows the statutory law in the manu- cover the malpractice insurance along with necessary to care for him. After a 6- facturing and sale of a legal product, other expenses of practice. hour wait, he was airlifted to Univer- they should not be held responsible for Colleagues, that is happening in just sity Medical Center. the actions of a third party. about every State in this great country Today, Tony is permanently brain While some may claim that this gun of ours. We have here and now the damaged. According to the person de- immunity bill might be an important chance to address this crisis in a fair livering this story, no specialist was on component of tort reform, in my opin- and constructive way. staff that night in Gulfport because ion, health care liability reform is even I mentioned the two magazines: The overriding medical costs forced almost more important. We must protect the June 2003 edition of Time magazine had all the brain specialists in that com- medical profession and the patients it a cover story on the effects of rising munity to abandon their practice. As a serves. malpractice insurance costs. The story, result, Tony had to wait 6 hours before How can we give near absolute pro- entitled ‘‘The Doctor Is Out,’’ discusses the only specialist left in Gulfport tection from litigation for one indus- several doctors all across America who could treat him to reduce the swelling try—the gun industry—and do abso- have had to either stop practicing med- of his brain. lutely nothing for another industry icine or have had to take other action Without a doubt, the astronomical that is solely dedicated to saving lives? due to increased insurance premiums. increases in medical malpractice pre- Let’s ask ourselves, in the event that One example cited in this magazine is miums are having wide-ranging effects. a bullet from a firearm is shot into an the case of Dr. Mary-Emma Beres. It is a national problem. It is time for innocent victim, is our healthcare sys- Time reports this doctor, a family a fair and national solution. This mo- tem prepared to help that victim? practitioner from Sparta, NC—inciden- ment in the life of this great Senate is Without healthcare liability reform, it tally, the distinguished Presiding Offi- the chance to address that. may not be, as there might not be the cer represents this State with great The President has indicated that the appropriate doctor in the area to tend distinction. That doctor in Sparta, NC medical liability system in America is to the patient. That is why my amend- ‘‘has always loved delivering babies. largely responsible for the rising costs ment goes hand-in-hand with the gun But last year, Beres, 35 years old, con- of malpractice insurance. The Amer- immunity bill. cluded that she couldn’t afford the tri- ican Medical Association and the So now it is up to my colleagues in pling of her $17,000 malpractice pre- American College of Surgeons agree the Congress. It is your choice. If we mium and had to stop’’ caring for those with him as does almost every doctor are going to give legal protections to women going through perhaps the in Virginia who I have discussed the the gun industry, all I say is let’s give greatest joy of life; that is, childbirth. issue with. it to the doctors as well.

VerDate jul 14 2003 23:43 Feb 27, 2004 Jkt 029060 PO 00000 Frm 00014 Fmt 4637 Sfmt 0634 E:\CR\FM\G27FE6.036 S27PT1 February 27, 2004 CONGRESSIONAL RECORD — SENATE S1867 If you gave this choice to the Amer- er, claiming that Bull’s Eye operated Am I correct in my premise, in my ican people, there is no doubt that the its business in such a grossly negligent question? doctors would win by a 100 to 1 margin. manner that scores of guns routinely Mr. LEVIN. The Senator from Vir- I urge my colleagues to support my disappeared from its store and that ginia is very much on point and is cor- amendment. Bushmaster continued to supply that rect. This is a victim’s right remedies I yield the floor. dealer even after years of audits by issue. Do we provide a remedy for a vic- AMENDMENT NO. 2631 ATF showing that scores of guns were tim of somebody’s gross negligence or The PRESIDING OFFICER. The Sen- missing from the dealer’s inventory. recklessness that has injured that vic- ator from Michigan. Did Bull’s Eye or Bushmaster violate tim where the proximate cause of the Mr. LEVIN. Madam President, what any Federal or State statute? That is injury—or a proximate cause of the in- is the pending amendment? the issue. That is the heart of the issue jury, to be technically correct—is the The PRESIDING OFFICER. The Sen- we are debating. If you are reckless in defendant’s recklessness or gross neg- ator’s amendment is pending, the your operations, even though you may ligence or are we going to deny victims Levin amendment. not have acted illegally, but if you are that remedy? Are we going to tell a Mr. LEVIN. Madam President, in the reckless or if you are grossly negligent victim: You have to prove that some- fall of 2002 the entire country was fo- in your operations, should you be held one violated a law in order to get re- cused on the Washington, DC, area as accountable for your own actions? covery, even though you can prove an unknown sniper indiscriminately That is the question. Should you be gross negligence or recklessness. Even shot 16 innocent people in little more held accountable for your own reckless though you can prove that recklessness than a month, from September 14 to or grossly negligent actions if that or gross negligence on the part of October 24. Among the sniper victims gross negligence or recklessness is the someone you sue was a proximate were Jim Martin, shot and killed on proximate cause of somebody else’s cause of death or injury, you have to October 2 while walking across a Shop- death or injury? prove that there was a violation of pers Food Warehouse parking lot in That is what this amendment is all law? Wheaton, MD, after purchasing gro- about. Frankly, that is what the bill is Why would we immunize any par- ceries for his church; Sarah Ramos was all about, to eliminate the possibility ticular industry from that kind of re- shot and killed while sitting on a bench of recovery in cases where somebody covery where it is not somebody else in front of a post office. She was wait- can prove recklessness or negligence who is being sued for their contribu- ing for a ride to take her to a baby- unless they can also prove illegality. tion to somebody’s injury but it is the sitting job; Thirteen-year-old Iran That is the purpose of the bill, to give industry itself or a gunstore itself or Brown, the youngest of the victims, that immunity unless plaintiffs can any store that contributed, through was shot in the chest and wounded on prove illegality. The purpose of this recklessness or gross negligence, to October 7 after getting out of a car at amendment is to say that if you can somebody’s death or injury? his middle school; and Conrad Johnson, prove gross negligence or recklessness I have read and heard a lot in this de- a 35-year-old busdriver, was shot and on the part of an individual, and if that bate about individual responsibility killed on October 22 while standing on recklessness and gross negligence is and accountability, that you should the top step of his bus at a ride-on bus the proximate cause of injury or death, not be accountable for somebody else’s staging area in Aspen Hill, MD. then you are entitled to bring a law- actions injuring somebody else, and I On Thursday, October 24, members of suit. do not disagree with that. My amend- the sniper task force arrested John I listened to this debate; I have not ment says where it is your own reck- Allen Muhammad and John Lee Boyd been here for much of it, but I read a lessness or gross negligence which is a great deal and tried to follow it. It Malvo at a rest stop on I–75 in Fred- proximate cause of an injury or a seems to me that is the heart of the erick County. They were charged with death, you should not be immunized. matter and what it comes down to. shooting the victims with a Bush- That is what my amendment provides, That is what this amendment is in- master semiautomatic assault rifle. that if your own recklessness or your tended to clarify. own gross negligence is a proximate Both were prohibited under Federal Mr. WARNER. Could I ask my distin- law from possessing a gun. Malvo is a cause of death or injury, you should guished colleague a question, because still be held accountable. juvenile and Muhammad was the sub- Virginia was hard hit, as were Mary- ject of a domestic violence restraining That is what we are going to be vot- land and other States, by that sniper ing on. I hope we are going to be voting order. Both have been convicted of cap- case, which the Senator recounted in on it, I should say. ital murder in Virginia. the opening remarks. Mr. WARNER. Mr. President, for The sniper rifle used by Malvo and It is my understanding—and I have clarification, when my distinguished Muhammad was later traced to Bull’s followed the debate very carefully on colleague from Michigan refers to ‘‘vic- Eye Shooter Supply in Takoma, WA. all aspects of this legislation—but the tims,’’ we should make it clear that of- Bull’s Eye representatives claim not to legislation, if it were to pass, would tentimes victims perish, so it is their have any record of sale of the weapon, put in doubt, to some considerable ex- spouses, their families we are talking cannot account for how the snipers ob- tent, the right of the many families. about. I think in our discussion we tained the assault rifle. Malvo later ad- The greater community of the Nation’s ought to make it clear it is a class of mitted he had shoplifted the gun. Capital was in semiparalysis. Schools people we are trying to protect. The sniper case prompted an ATF in- closed. People could not conduct their Mr. LEVIN. The Senator is correct. vestigation of Bull’s Eye. The inves- normal activities because of the sense In terms of the definition of ‘‘victims,’’ tigation revealed that the gun dealer of lack of safety. They could not even we are talking here about families who had no record that the gun used by the do something simple such as filling the lose loved ones as well as people who snipers was missing from the inven- gas tank of the car. are injured themselves. tory. The ATF investigation also deter- It seems to me unless we let the full I want to emphasize one fact here, mined that 77 other guns were missing force and brunt of all the legal rem- which is there was a motion to dismiss from the Bull’s Eye store. Four prior edies available to citizens of our Na- this case in the State of Washington audits of the dealer found at least 160 tion be utilized to bring to justice, ei- brought by victims against Bull’s Eye additional guns missing from the store. ther civilly or criminally, all those and against Bushmaster. On June 27, The guns that were missing from Bull’s who may have contributed—as the Sen- 2003, the court denied the motions, and Eye were not all handguns that could ator says, by gross negligence—then we here is what the court said: walk out the door in somebody’s pock- are denying, particularly to these snip- [T]he facts in the present case indicate et. The gun shoplifted by Malvo was an er victims’ families and others across that a high degree of risk of harm to the assault rifle. the Nation, some very fundamental plaintiffs was created by Bull’s Eye Shooter The families of the sniper victims rights. Supply’s alleged reckless or incompetent filed a lawsuit against Bull’s Eye and I commend my distinguished col- conduct in distributing firearms. Bushmaster, the manufacturers that league from Michigan. It is my intent The court said it was the defendant’s supplied the sniper weapon to the deal- to support the Senator. actions that caused damage to the

VerDate jul 14 2003 23:43 Feb 27, 2004 Jkt 029060 PO 00000 Frm 00015 Fmt 4637 Sfmt 0634 E:\CR\FM\A27FE6.007 S27PT1 S1868 CONGRESSIONAL RECORD — SENATE February 27, 2004 plaintiffs. It seems to me for us to say tion also led to the arrest of a second several months. Detective Lemongello even though Bull’s Eye caused damage Kahr employee who also pled guilty to was among the officers taking part in through recklessness or gross neg- stealing a gun. the undercover surveillance. In the ligence to victims, we are going to According to a complaint that was course of a stakeout, Detective deny those victims a remedy unless filed by Danny Guzman’s family, Kahr Lemongello attempted to question a they can prove there was an illegal ac- Arms not only apparently hired a drug man who had suspiciously approached tion—not just a reckless action, but an addict with a record of criminal the gas station. Lemongello walked up illegal action—is to mistreat this par- charges, but the company also chose to the man and asked him to remove ticular class of victims. not to utilize basic security measures his hand from his pockets, whereupon To single out this class of victims that could have prevented the theft, or the man turned and opened fire, shoot- and say, ‘‘You cannot recover unless an inventory tracking system that ing Detective Lemongello three you can prove illegal action on the part could have determined that guns were times—once each in his stomach, chest, of the defendant’’—not just that they missing. According to the family’s and left arm. were reckless, not just that they were complaint, Kahr Arms did not conduct Detective Lemongello was able to an- negligent—I think is highly arbitrary background checks on employees. The nounce over his police radio that he and discriminatory treatment of real company did not install medal detec- had been shot and that the suspect had victims who right now can go to court, tors, security cameras, x-ray machines, fled the scene. In response to the radio and if they can show reckless behavior, or other devices to ensure that employ- call, Officer Kenneth McGuire set off negligent behavior on the part of the ees did not just walk off with guns. on foot after the shooter, who had fled defendants that was a proximate cause In fact, an affidavit signed by ATF into a nearby neighborhood. When Offi- of their injury, then they can recover. Special Agent Michael Curran says the cer McGuire entered a backyard where I do not even know that Congress can person who stole the gun that ended up the suspect was hiding, the suspect constitutionally destroy the pending killing Danny Guzman once said—we emptied his ammunition clip, shooting claim. I hope not. I hope we cannot de- all should listen to those words—‘‘he Officer McGuire in the abdomen and stroy a claim that is pending for an in- had taken the firearm out of the com- leg. Officer McGuire managed to return jury that has already been caused, con- pany, that he does it all the time, and fire, killing the suspect. It turned out stitutionally, but I do know we should that he can just walk out with them.’’ that the man who shot Officer McGuire not try. We should not be trying to re- Those are his words. He takes guns out and Detective Lemongello was wanted move the rights of victims to sue peo- of here ‘‘all the time’’—this drug ad- for attempted murder and had at least ple whose recklessness or gross neg- dict. He can just walk out with them. three felony convictions on his record. ligence was a proximate cause of their The company did not track its inven- This man could not have legally pur- injury. tory in any meaningful way. And ac- chased a gun, so the question is, Where That is what this amendment would cording to the complaint, from Feb- did he get it? assure, that that right of action for ruary 1998 to February 1999, approxi- Mr. President, I have been asked by recklessness or gross negligence which mately 16 shipments of handguns from my good friend from Vermont to inter- is a proximate cause of the injury can Kahr Arms failed to arrive at their ject a statement on a different subject be compensated for. points of destination. at this point. To accommodate him, I There are a number of other trou- Did Kahr Arms violate a State or would be perfectly happy if the Senator bling cases that have been referred to Federal statute? Nobody has claimed from Idaho would be willing to have me that would be jeopardized. Again, I do they did. And unless they did, under yield to him for a statement, without not know that we can constitutionally this pending bill, immunity from suit losing my right to the floor. eliminate a claim based on an action would result. It seems to me this is Mr. CRAIG. If the Senator will yield, which has already taken place. I sure something all of us ought to be trou- we had hoped to conclude the offering hope not. But I know what the intent bled by and focus on because there is a of amendments. I know there are many of this bill is, which is to immunize the lot of uncertainty and confusion, I be- on your side who asked for morning defendants whose reckless or negligent lieve, as to what this bill would pro- business time today, some to make conduct is being sued upon. vide. fairly extensive statements. I would The Guzman case, on Christmas Eve But at its heart, the issue is this: not object to this happening. I hope 1999—this was a man who was killed by Should we say unless you can prove an you can get another Senator here for a shot to his heart while standing in act was illegal on the part of the de- the offering of that amendment. Then front of a Worcester, MA, nightclub. fendant, you will not be able to recover we could step off the bill into morning About a week later, the police recov- for damages caused by that defendant’s business and open up other opportuni- ered a handgun in a lot near where this recklessness or gross negligence? ties. man, Danny Guzman, was killed. The Should that defendant be immune Mr. REID. Will the Senator from gun was lacking a serial number. It from suit even though his recklessness Michigan yield? was found by a 4-year-old child. A bal- or gross negligence has caused your in- Mr. LEVIN. Yes. listics test determined the gun was the juries, unless you can prove that that Mr. REID. Mr. President, we have a one that killed Danny Guzman. conduct was also illegal? situation we have to address. We know The investigation following the The lawsuit that was filed by Danny Senator LAUTENBERG is coming to the shooting revealed the gun was one of Guzman’s surviving family members floor to offer an amendment, but that several stolen by employees of Kahr alleges the wrongful death based on can’t be done unless Senator LEVIN sets Arms. It was discovered that one of the Kahr Arms alleged negligence. While his amendment aside. If Senator LEVIN employees in the Kahr manufacturing the defendants moved to dismiss this sets his amendment aside, he loses his facility had stolen the gun used to kill case on April 7, 2003, the Massachusetts rights to maybe have a vote. I cer- Danny Guzman and sold it to buy crack Superior Court denied the motions. tainly have no problem whatsoever cocaine. This bill is aimed at nullifying that with the Senator from Vermont speak- Publicly available records, summa- kind of case. I hope we can’t constitu- ing for 10 minutes since that is my un- rized in a complaint filed by Danny tionally do it retroactively. I hope we derstanding. Senator LEVIN would get Guzman’s family, indicate this em- cannot destroy that cause of action. the floor again. But I think for Senator ployee of the Kahr facility had not But we should not try and we surely LAUTENBERG, he should understand only been arrested on various charges should not single out one industry to that he may not be able to offer his over the years but as early as 1995 had help immunize them against their own amendment today, as it is my under- been addicted to cocaine and was ‘‘ha- acts of recklessness or gross neg- standing from my conversations with bitually stealing money to support his ligence. the Senator from Michigan, he is not cocaine habit.’’ In a third case, a team of Orange, NJ, going to allow his amendment to be set In March of 2000, the police arrested police officers was operating under- aside. the Kahr employee who later pled cover at a gas station that had been Mr. LEVIN. I would be happy to have guilty to the gun thefts. The investiga- robbed repeatedly over the course of my amendment set aside, providing

VerDate jul 14 2003 23:43 Feb 27, 2004 Jkt 029060 PO 00000 Frm 00016 Fmt 4637 Sfmt 0634 E:\CR\FM\G27FE6.041 S27PT1 February 27, 2004 CONGRESSIONAL RECORD — SENATE S1869 that after the Lautenberg amendment live, and the doctors let him stay there National Security Advisor, Sandy is offered, the floor then be returned to on sort of a makeshift bed of blankets Berger, which spells out that policy be me. and rags in the corner. printed in the RECORD at the end of my Mr. REID. We could certainly do it He was a nice boy. He had no idea remarks. that way. who I was or what I was doing there. The PRESIDING OFFICER. Without Mr. LEAHY. If the Senator will yield He was just excited to see a helicopter objection, it is so ordered. for a question, I saw the distinguished come in. I talked with him through a (See exhibit 1.) Senator from New Jersey just enter the translator. He had lost his leg from a Mr. LEAHY. The Pentagon said pub- Chamber. I ask my friends, the senior landmine along one of the trails near licly that they would uphold the pledge Senators from Michigan, Nevada, where his family lived. They were of the President of the United States, Rhode Island, and Idaho, if perhaps the farmers. but behind the scenes they worked as- senior Senator from Vermont could I asked him if the landmine was siduously to undermine the Clinton proceed for about 10 minutes on the placed there by a Sandinista or a policy. Today, we see the result in an subject of land mines without the Sen- contra. He didn’t have the foggiest announcement that the White House ator from Michigan losing his right to idea. He wasn’t even sure what this and Pentagon carefully leaked to the reclaim the floor. In the meantime, country, just a few miles away across press last night in an attempt to put a maybe through the work that is always the border, Nicaragua, was. positive spin on what anyone who done with such finesse by the senior What he did know was his life was knows the issue can see is a step back- Senator from Nevada, something can changed forever, and that he would not ward. be worked out. be able to run again, or work in the We see that the Bush administration Mr. REID. I ask unanimous consent fields, or be a farmer like his father. It has abandoned any pretext of joining that the Senator from Vermont be al- was a tragic story. other civilized nations to eliminate lowed to speak as in morning business I came back and started work on a these outmoded, indiscriminate weap- for up to 10 minutes and, following fund for mine victims, which through ons. that, the Senator from Michigan would the courtesy of the Republican side is Before I explain why the administra- reclaim his right to the floor. He would now known as the Leahy War Victims tion’s policy is so deeply disappointing be recognized after that. Fund, and it has had strong bipartisan to those of us who have worked on this support. But while that fund has helped The PRESIDING OFFICER (Mr. SES- issue for years, I want to be clear of my many mine victims get artificial limbs SIONS). Is there objection? respect for Secretary of State Powell, Mr. CRAIG. Reserving the right to and walk again, I soon realized that no for Assistant Secretary Lincoln Bloom- object, what the Senator from Michi- matter how much money we spend we field, and others in the State Depart- gan did a few moments ago—the Sen- would never stem the loss of life from ment who administer our humani- ator from Nevada may not have been landmines that way. tarian demining programs. These pro- Since I met that boy over a decade present—was yield to the Senator from grams save lives and limbs, and this and a half ago, I have spoken on this Virginia for the offering of an amend- administration’s plan to increase fund- floor about the dangers of landmines to ment. He did not lose his place. We re- ing for these programs by $20 million is innocent civilians and American sol- turned to that. So if you are willing to constructive. It is far too little, espe- diers so many times I have lost count. extend that kind of courtesy to the cially for the wealthiest Nation on Perhaps I sound like a broken record, Senator from New Jersey, we certainly earth, but it is a positive step. but I feel so passionately about this. I also want to emphasize that, except have no objection. Years ago, I sponsored the first law for in Korea, the United States no Mr. REID. What we should do is have anywhere in the world to stop the ex- longer uses the type of landmines it go back to the Senator from Michi- port of antipersonnel landmines. My gan, and then we will try to do some- distinguished friend from West Vir- which pose the gravest risk to innocent thing that will get us out of here ginia and my distinguished friend from people, the way some nations and rebel today. Michigan voted for it. The United forces do. Instead, we are helping coun- Mr. CRAIG. I have no objection. States had the first law in the world tries clear their minefields. Just this The PRESIDING OFFICER. Without stopping the export of antipersonnel week, the Vietnam Veterans of Amer- objection, it is so ordered. landmines. That led to similar actions ica Foundation, led so courageously by The Senator from Vermont is recog- by other nations. In a short time, our Bobby Muller, signed an agreement nized. allies took far bolder steps. Just 5 with the Vietnamese Ministry of De- PRESIDENT BUSH’S POLICY ON LANDMINES years later, a treaty banning anti- fense to conduct a countrywide survey Mr. LEAHY. Mr. President, as an personnel mines was signed in Ottawa. of unexploded mines and other bombs, aside, for one who has been here for 29 I was there when it was signed. Today, many of which were left by our sol- years, sometimes the press talks about over 150 nations have joined that trea- diers, as well as by Vietnamese sol- the rancor in the Senate. This was a ty, including every NATO ally and diers, and which continue to maim and matter of courtesy shown by the senior every country in the Western Hemi- kill innocent people. Once that survey Senator from Idaho, the senior Senator sphere, except two, the United States is completed, we and other nations can from Rhode Island, and the senior Sen- and Cuba. help remove these explosives and end ator from Michigan to the Senator It is interesting to recall the speech the deadly legacy of that war. from Vermont. These are the kind of of former Foreign Minister Lloyd So the issue for the United States is things that make the Senate work. I Axworthy, who laid down the challenge not whether the U.S. is using mines appreciate it. in Ottawa. Yet today, almost a decade that are causing civilian casualties. In Mr. President, back in the 1980s, later, in this hemisphere only two fact, we have not used landmines since about 15 years ago, I flew in a heli- countries, the United States and Cuba 1991 in the first Gulf war, and there is copter from Tegucigalpa, Honduras to remain the outcasts. no evidence those mines had any effect the border of Honduras and Nicaragua. During the Clinton administration, I whatsoever. In fact there is no evidence It was at the height of the Iran-contra worked closely with the White House the Iraqis even knew they were there. war. On the way I met with the contras on this issue. I was disappointed that The real issue, which the Pentagon and there at their camp. And on the way President Clinton did not join the Ot- White House are either incapable of back, there was a clearing in the jun- tawa Treaty, even though he could grasping or, more likely, want to ig- gle. You could see a Quonset hut with have, but he pledged to work aggres- nore, is that as long as the United a red cross on the top. We landed there. sively to find alternatives to landmines States, with by far the most powerful It was a field hospital. There was a dirt so the United States could join by 2006. Armed Forces ever known in history, floor inside, with beds, and an oper- Until this morning, that pledge was continues to insist on its right to use ating room next to it. United States policy and the Pentagon these indiscriminate weapons, other Inside I met a little boy, probably publicly embraced it. nations with armies far weaker than about 12 years old, with one leg; he had I ask unanimous consent that a May ours are going to insist on their right a homemade crutch. He had no place to 15, 1998, letter to me from the former to use them also.

VerDate jul 14 2003 23:43 Feb 27, 2004 Jkt 029060 PO 00000 Frm 00017 Fmt 4637 Sfmt 0634 E:\CR\FM\G27FE6.044 S27PT1 S1870 CONGRESSIONAL RECORD — SENATE February 27, 2004 The victims are going to be innocent this problem if we set the example. It sent request in just a second, but I civilians and U.S. soldiers who, even could be done so easily. Instead, the want everyone to know what is going today, are losing their lives and limbs President has taken us backwards. on. That will take a half hour. Fol- from mines in Iraq. I will speak more about this in future lowing that, I ask that there be a time Mr. President, over 2 years ago, the weeks. I do appreciate the consider- to go to morning business. There will Bush administration announced it ation of my colleagues in giving me be no more amendments offered today, would review U.S. landmine policy. I this time. and we would go to morning business welcomed that review. I told President I yield the floor. and Senator LEVIN’s amendment would Bush, the Secretary of State, and offi- EXHIBIT 1 be the amendment that would recur cials in the Pentagon that I wanted to THE WHITE HOUSE, following the two amendments of the find an approach with broad, bipartisan Washington, May 15, 1998. Senator from New Jersey. support, including from the Pentagon. Hon. PATRICK J. LEAHY, I will propound that in the form of a Also, as much as I wanted us to be one U.S. Senate, unanimous consent request unless of the overwhelming majority of na- Washington, DC. someone at this stage believes there is tions that have joined the treaty, I DEAR SENATOR LEAHY: The President has anything inappropriate with it. I know asked me to confirm our understanding re- knew the Bush administration was not garding the one-year statutory moratorium Senator BYRD has been waiting. He likely to do that. I felt that working on the use of anti-personnel landmines asked yesterday to come and speak, together we could move toward that (APLs) that is due to take effect next Feb- but we didn’t know it would take as goal by strengthening our own policy. ruary. We very much appreciate your work- long. I tell the Senator from West Vir- Today, over 2 years later, and after ing so closely with us to define an approach ginia, it will be approximately a half refusing to consult with me or other that meets not only our solemn obligation to hour before we get to morning busi- Members of Congress on either side, provide for the protection and safety of our ness. the White House announced its plans. Armed Forces in battle, but also our mutual Mr. BYRD. Mr. President, will the goal of advancing our efforts to rid the world We now see that we would have been of APLs. distinguished Democratic whip yield? far better off if the administration had We are very gratified that you will not op- Mr. REID. Yes. not conducted its review in the first pose adding flexibility to the 1996 morato- Mr. BYRD. About what time would it place. Except for a few positive as- rium legislation in the form of a Presidential be possible for me to get the floor? pects, the policy is a disappointing step waiver authority that would be attached to Mr. REID. Mr. President, I tell the backward. the pending FY 1999 defense authorization distinguished senior Senator from West What we see is another squandered bill when it is considered by the Senate next Virginia, it would be a little bit after 1 opportunity for U.S. leadership on a week. o’clock, thereabouts. Then we have In this context, let me reiterate the fol- crucial arms control and humanitarian lowing commitments on the part of the Ad- Senator CONRAD who wishes to speak issue. We see the United States saying ministration: for 45 minutes and Senator HARKIN who we will continue to use landmines in- The United States will destroy by 1999 all wishes to speak for a half hour. I am definitely. of its non-self-destructing APLs, except not going to set the order, but I ask Once again, we had the opportunity those needed for Korea. that Senator BYRD be recognized ini- to join the civilized world in solving a The United States will end the use of all tially in morning business. global crisis, as all our NATO allies APLs outside Korea by 2003, including those Mr. BYRD. I thank the Chair. have. And once again, we have chosen that self-destruct. Mr. CRAIG. Mr. President, will the The United States will aggressively pursue unilateral arrogance over leadership the objective of having APL alternatives Senator yield? and cooperation. ready for Korea by 2006, including those that Mr. REID. I will be happy to yield. The administration’s press office has self-destruct. Mr. CRAIG. Mr. President, I do not done an impressive job portraying this The United States will search aggressively believe I have any disagreement with policy as an important advance, but it for alternatives to our mixed anti-tank sys- that concept or the UC the Senator is not. tems by (a) actively exploring the use of will propound, just as long as we have They say they will eliminate per- APL alternatives in place of the self-de- adequately served all Senators who sistent landmines by 2010. That is con- structing anti-personnel submunitions cur- want to offer amendments to S. 1805. It rently used in our mixed systems and (b) ex- structive. But in fact, except for Korea, ploring the development of other tech- appears the numbers are here for that the United States has not used these nologies and/or operational concepts that re- purpose. types of mines for decades. sult in alternatives that would enable us to Mr. REID. I say to my friend from Six years ago, the Clinton adminis- eliminate our mixed systems entirely. Rhode Island, Senator REED, who is in tration, including the Pentagon, Finally, the United States will sign the Ot- the Chamber, we are still in the process pledged to ‘‘search aggressively’’ for al- tawa Convention by 2006 if we succeed in of trying to work out definite times on ternatives to self-destructing anti-ve- identifying and fielding suitable alternatives Monday so that he, Senator FEINSTEIN, hicle mine systems by 2006. The Bush to our anti-personnel landmines and mixed and those who are speaking in opposi- anti-tank systems by then. administration abandons this pledge Again, I thank you for your leadership on tion—which will take a total of 3 to 4 and will allow the use of these mines this issue. hours—will have time on Monday. anywhere, indefinitely. Sincerely, Mr. President, I ask unanimous con- In 1998, the Clinton administration SAMUEL R. BERGER, sent that Senator LEVIN be recognized pledged that it would sign the Ottawa Assistant to the President for up to 10 minutes to complete debate treaty banning anti-personnel mines by for National Security Affairs. on his amendment; following that, that 2006, if suitable alternatives to these The PRESIDING OFFICER. The Sen- his amendment be set aside tempo- mines were fielded by then. The Bush ator from Nevada. rarily and that Senator LAUTENBERG be administration abandons this pledge. Mr. REID. Mr. President, I know recognized to offer two amendments The Bush administration says it will under the order, Senator LEVIN is to and that Senator LAUTENBERG be able seek a worldwide ban on the sale or ex- have the floor. I ask unanimous con- to speak for a total of 20 minutes on port of persistent mines, but that we sent that I be allowed to propound a his two amendments; following that, will keep our self-destruct mines in- unanimous consent request and that he the amendment of the Senator from definitely. Let’s be honest. We tried have the floor following that. Michigan would recur; and that fol- that back in 1994, and the reason it The PRESIDING OFFICER. Without lowing that, we go to a period for the failed was, not surprisingly, that other objection, it is so ordered. transaction of morning business, and countries said ‘‘if you, the world’s Mr. REID. Mr. President, the Senator that Senator BYRD be recognized. strongest military power are unwilling from Michigan says he will complete The PRESIDING OFFICER. Without to give up your landmines, why should his statement in 10 minutes. The Sen- objection, it is so ordered. The Senator we give up ours?’’ ator from New Jersey has two amend- from Michigan. Mr. President, I had hoped that the ments he wishes to offer, 10 minutes on Mr. LEVIN. Mr. President, I thank President would seize this opportunity each amendment, for a total of 20 min- the Chair and thank the Senator from to show real leadership. We can solve utes. I will propound a unanimous con- Nevada.

VerDate jul 14 2003 23:43 Feb 27, 2004 Jkt 029060 PO 00000 Frm 00018 Fmt 4637 Sfmt 0634 E:\CR\FM\G27FE6.047 S27PT1 February 27, 2004 CONGRESSIONAL RECORD — SENATE S1871 I want to go back to the case of the Those are the allegations. Should I have looked at a lot of Federal laws two police officers who were shot with they be allowed to prove them? The in- that affect the civil liability of various a gun that was sold under extremely tention of the legislation in front of us industries, and I, too, have seen noth- suspicious circumstances by a gun is that they not be allowed to prove ing that comes close to what this bill dealer who was then sued by these two them unless they can also allege there would do. police officers. was illegal action on the part of that Whatever we are going to do, it The lawsuit alleged on the part of the gunshop. I think we can see why so seems to me we ought to do it know- defendants some very serious neg- many associations of police officers are ingly. We ought to understand what it ligence, gross negligence, recklessness very much opposed to this legislation is that we are being asked to do. What in terms of that sale. The person who and its purpose. the bill says is, unless someone who is purchased the gun bought 11 other guns A number of law enforcement officers injured by somebody else’s reckless or at the same time, selected by some- wrote Senators a letter opposing what negligent conduct, unless that plaintiff body else. The person who filled out this bill intends. In it they said police can also show that the conduct was il- the purchase paperwork was not the officers like Ken McGuire and David legal, they will not be able to recover person who actually bought the guns. Lemongello put their lives on the line damages for their injuries. That is a They were picked out by a second per- every day to protect the public. Instead radical departure from fairness, not son. of honoring them for their service, this just from the common law. That is a Like the New Jersey man who shot bill would deprive them of their basic radical departure from protecting vic- these two officers, the man who se- rights as American citizens to prove tims and trying to preserve their lected the guns was a convicted felon. their case in a court of law. rights. The guns were paid for entirely in cash, Manufacturers and dealers of guns We should not take that step without several thousand dollars. The gun pur- have a right to make and sell guns, but at least understanding what we are chase was about the second in 3 weeks that right also is not unlimited be- doing. The purpose of my amendment from the same two buyers from that cause it comes with some responsi- is to make sure that we at least have dealer. bility. Like every other business in an opportunity to vote on a central These were significant allegations this country, people who are in the gun proposition: Whether or not when that were brought by two police offi- business have a responsibility to con- somebody is injured as a proximate re- cers who were severely injured by that duct that business with reasonable sult of somebody else’s gross neg- gun, claiming that the action on the care. If a gun manufacturer or gun ligence or recklessness that that per- part of the gun dealer was negligent dealer fails to do so, and their neg- son who is injured should have an op- and reckless behavior. There is a lot of ligence or recklessness leads to some- portunity to recover damages, even if evidence suggesting that it was. one being killed or injured, they should they are unable to show that the de- A West Virginia judge refused to dis- not be immune from suit. fendant’s reckless or negligent conduct miss this case that these two police of- According to a recent report, 57 per- was also illegal. ficers brought saying there was suffi- cent of crime guns in the United States That is the central issue this bill ad- cient evidence to go to a jury; that is, could be traced back to 1 percent of the dresses. It is the central issue my evidence of recklessness or negligence gun dealers in this country. We should amendment addresses. I think it is im- on the part of the defendants. It was not let that 1 percent off the hook. We portant that this Senate not only un- their recklessness, their negligence should not single out one industry for derstand what the central issue is but which was the proximate cause, alleg- these special protections. have an opportunity to vote on that edly, of the damage. Earlier this Congress, the Senate Ju- specific issue, and that is what my We have heard a lot about whether diciary Committee, considered an amendment is all about. people should be held accountable for amendment to exempt class action My amendment will give us the op- somebody else’s illegal action. That is lawsuits filed against the gun industry portunity to vote on whether we intend not what this amendment is about. from the diversity and removal provi- to give immunity to persons who cause That is not what this bill is about. sions of the class action bill. The com- injuries to others through their own— What this bill is about is to immunize mittee rejected that amendment and in and I emphasize ‘‘their own’’—reckless a certain industry from their own reck- its report on the bill the majority put and grossly negligent behavior, where less and negligent behavior, not some- it this way: that behavior is a proximate cause of body else’s, but from their own reck- Simply put, there should not be one set of somebody else’s injuries. less and negligent behavior, unless the rules for one category of defendants and an- I hope the Senate will adopt my people who are injured can also show other for another group of defendants. amendment. I hope we will modify the that they acted illegally. Well, if that holds true in the case of bill in front of us so that we can pro- This is special treatment for one par- a class action bill, it should be true tect victims, and that is really what ticular industry. also relative to this legislation. This the amendment and the bill is all We owe a great debt to these police bill not only singles out one industry about. officers who put their lives on the line, for special favored treatment, but in I yield the floor. and it seems to me it is an insult for the process it undermines long-stand- The PRESIDING OFFICER. The Sen- the response to their bravery to be: ing principles of tort law. ator from New Jersey. You cannot bring an action against a Traditionally, tort law has been left AMENDMENT NO. 2632 gun dealer who acted negligently or to the States to define, and if changes Mr. LAUTENBERG. Mr. President, I recklessly and whose negligence or have been necessary Congress has usu- send an amendment to the desk, and I recklessness was a proximate cause of ally deferred to State legislatures to ask for its immediate consideration. your injury. Sorry, you have to prove make those changes. This bill seeks to The PRESIDING OFFICER. Under that gun dealer acted illegally; that he impose a Federal tort regime that the previous order, the pending amend- acted reckless is not enough; that you would virtually eliminate the ability of ment is set aside and the clerk will re- were injured as a proximate result of State courts to hear and decide cases port the Lautenberg amendment. that recklessness is not enough. We are involving even grossly negligent or The assistant legislative clerk read going to immunize that particular gun reckless conduct by gun dealers and as follows: dealer and anyone like him from their manufacturers, even where existing The Senator from New Jersey [Mr. LAU- own reckless, negligent behavior unless State law would permit such cases. TENBERG] proposes an amendment numbered you can carry an additional burden A Georgetown University Center law 2632. that they also acted illegally. professor by the name of Heidi Feld- Mr. LAUTENBERG. Mr. President, I That is the response to officers who man put it this way about this bill: ask unanimous consent that the read- are gunned down and where their inju- . . . one of the most radical statutory revi- ing of the amendment be dispensed ries were a proximate result of the sions of the common law of torts that any with. recklessness and negligence of that legislature—Federal or State—has ever con- The PRESIDING OFFICER. Without gunshop. sidered, let alone passed. objection, it is so ordered.

VerDate jul 14 2003 23:43 Feb 27, 2004 Jkt 029060 PO 00000 Frm 00019 Fmt 4637 Sfmt 0634 E:\CR\FM\G27FE6.050 S27PT1 S1872 CONGRESSIONAL RECORD — SENATE February 27, 2004 The amendment is as follows: vents that background check informa- legally buy a gun. That doesn’t make (Purpose: To require that certain notifica- tion not to be put on an alert. They do sense to me. tions occur whenever a query to the Na- not even share the critical information To make matters worse, the policy of tional Instant Criminal Background Check with law enforcement concerning the the Department of Justice is not to tell System reveals that a person listed in the whereabouts of the terrorists. law enforcement the details of the Violent Gang and Terrorist Organization It sounds kind of backwards to me. I transaction, including where it took File is attempting to purchase a firearm, find it very disturbing that we could place and when it took place. So we and for other purposes) have a nationwide lookout for known could have a nationwide lookout for a At the appropriate place, insert the fol- lowing: terrorists within our borders, and if he terrorist and the Department of Jus- obtained a weapon the Justice Depart- SEC. —. AMENDMENTS TO BRADY HANDGUN VIO- tice, knowing that the terrorist just LENCE PREVENTION ACT. ment’s policy is to conceal that infor- obtained a gun, will not tell the appro- (a) SHORT TITLE.—This section may be mation from the FBI or other inter- priate law enforcement people where cited as the ‘‘Terrorist Apprehension Act’’. ested law enforcement personnel. the terrorist is. (b) AMENDMENTS.—Section 103 of the Brady I know there are differences on gun This is a misguided policy of the De- Handgun Violence Prevention Act (18 U.S.C. policy that we may have within the partment of Justice. It has to change. 922 note) is amended— Government, but I cannot believe there My amendment would make that (1) in subsection (i), by striking ‘‘No de- partment’’ and inserting ‘‘Except as provided is anyone in this body who would not change. My amendment is simple and in subsection (j), no department’’; want to see us do whatever we can to to the point. It says if a terrorist buys (2) by redesignating subsections (j) and (k) alert the FBI or the appropriate parties a gun, law enforcement must be noti- as subsections (k) and (l), respectively; and to the fact that there is a terrorist fied promptly that this transaction has (3) by inserting after subsection (i) the fol- lurking around trying to purchase a taken place. The FBI, local police, and lowing: gun or who has purchased a gun. the regional terrorist task force must ‘‘(j) TERRORIST APPREHENSION.— I know many pro-gun groups have be told the time and place of the pur- ‘‘(1) INITIAL NOTIFICATION.—If the system said terrorists are not likely to or chase, without excuses. Every minute established under this section determines would not buy a firearm on the legal that a prospective transferee is listed in the we allow the current Department of Violent Gang and Terrorist Organization file market anyway, but the evidence we Justice policy to stand, we put our con- or a similar terrorist watch list, regardless have discovered points otherwise. stituents at unnecessary risk. of the eligibility of such person to purchase An investigation by my staff revealed I ask my colleagues to support this a firearm, the system shall provide this in- that a small sample of gun purchases commonsense, bipartisan amendment. formation to the employee at the Criminal reviewed by the Department of Justice It is my hope that amendment will Justice Information Services Division of the showed that over a few months 13 peo- carry. We are all interested in reducing Federal Bureau of Investigation that is ac- ple on the terrorist watch list success- the threat of terrorism as much as we cessing the national instant criminal back- fully purchased a firearm at gunshops. ground check system (referred to in this sub- possibly can. section as the ‘NICS operator’). The access that terrorists in our coun- Mr. President, of course, we have to ‘‘(2) NOTIFICATION OF LAW ENFORCEMENT.— try have to guns is chilling, such as the lay the first amendment aside before Upon receiving information under paragraph .50 caliber assault weapon which could we can proceed to the second. (1), the NICS operator shall immediately take down a helicopter, according to The PRESIDING OFFICER. Under provide the Federal Bureau of Investigation, the Congressional Research Service. the previous order, the first Lauten- the Department of Homeland Security, the We learned also that that weapon can berg amendment is set aside. terrorist task force, and State and local law penetrate 6 inches of steel plating and Mr. LAUTENBERG. Mr. President, I enforcement in the jurisdiction in which the has the range of a mile; that a target neglected to use the graph I have to firearm purchase is being attempted with— ‘‘(A) the name, date of birth, and any other can be hit from a mile away, and it can demonstrate what happens. The subject identifying information reported by the pro- also carry an incendiary bullet that of a terrorist watch list purchases spective transferee; would immediately cause the sur- weapons, the NICS gun background ‘‘(B) the time and place of the attempted roundings to burst into flames. check system is in place, it is entered firearm purchase; and I know the Justice Department’s po- in the NCIC crime database, and here ‘‘(C) the type of weapon, if known, that the sition is at odds with the Department there is a silent alarm. It doesn’t really prospective transferee attempted to pur- of Homeland Security, but again I can- tell anything to the FBI terrorist task chase. not believe that either one of those De- force. That is almost totally incompre- ‘‘(3) NOTIFICATION OF ORIGINATING AGENCY.— partments are not anxious to get as In addition to the notifications under para- hensible. graph (2), the NICS operator shall imme- much information as they can about AMENDMENT NO. 2633 diately provide the agency that placed the terrorist activity relating to guns. Mr. President, pursuant to the re- name of the suspected terrorist on the ter- During his confirmation earlier this quest I made that the other amend- rorist watch list with the information de- year, Tom Ridge acknowledged to me ment be laid aside, I now send an scribed in subparagraphs (A) through (C) of the dangers of terrorist access to guns, amendment to the desk and ask for its paragraph (2).’’. and under oath at another hearing the immediate consideration. Mr. LAUTENBERG. Mr. President, General Counsel of the Department of The PRESIDING OFFICER. The this amendment would override what I Homeland Security told me it was his clerk will report the amendment. see as a misguided Department of Jus- belief that someone on the terrorist The assistant legislative clerk read tice policy that adds to the threats to watch list should not be at all per- as follows: our homeland security and leaves our mitted to purchase guns. The Senator from New Jersey [Mr. LAU- country more vulnerable to terrorist Unlike the Department of Homeland TENBERG] proposes an amendment numbered attacks. This amendment is identical Security, the Department of Justice 2633. to bipartisan legislation I previously apparently sees things very differently. Mr. LAUTENBERG. I ask unanimous introduced. It was called the Terrorist DOJ is not willing to give critical in- consent the reading of the amendment Apprehension Act, and it was cospon- formation to law enforcement sectors be dispensed with. sored by Senator DEWINE with me. when someone on the terrorist watch The PRESIDING OFFICER. Without This amendment will direct the ad- list purchases a firearm. In fact, the objection, it is so ordered. ministration to do all it can to appre- Department of Justice requires the FBI The amendment is as follows: hend potential terrorists within our to prove—believe this—that the ter- (Purpose: To exempt lawsuits involving inju- borders. rorist should not be able to legally buy ries to children from the definition of We found out if someone on the ter- a gun and DOJ gives the FBI 3 days to qualified civil liability action) rorist watch list, someone who is a po- come up with a reason. But if no reason On page 9, between lines 2 and 3 insert the tential threat to communities across is given in 3 days, then the gun is hand- following: the country, purchases a weapon, and ed over to the terrorist. ‘‘(vi) any action involving injury to chil- that information is logged into the gun It is quite an anomaly, that the De- dren.’’. background check system, the Depart- partment of Justice requires the FBI to Mr. LAUTENBERG. Mr. President, ment of Justice has an order that pre- prove a terrorist should not be able to this amendment is designed to protect

VerDate jul 14 2003 23:43 Feb 27, 2004 Jkt 029060 PO 00000 Frm 00020 Fmt 4637 Sfmt 0634 E:\CR\FM\G27FE6.052 S27PT1 February 27, 2004 CONGRESSIONAL RECORD — SENATE S1873 the rights of our most vulnerable and The gun trafficker, Mr. Bruce, admit- national organization normally con- most precious resource, our children. If ted the gun dealer ‘‘had to know what cerned with the debt problems of third this bill is enacted without this amend- I was doing,’’ and that he was high on world nations—has issued an alarming ment to the pending bill, we will be marijuana each time he bought guns critique of the United States, pleading passing legislation that protects the from this company. But the dealer with the Bush administration to rein interests of the National Rifle Associa- acted recklessly. He had the informa- in its massive budget and trade defi- tion and negligent gun dealers and tion. Yet he sold the guns to Bruce. cits. Similar warnings have emanated manufacturers, errant manufacturers, The result was the death of Nathan from Federal Reserve Chairman Alan at the expense of our kids. Jefferson. If this bill passes, families Greenspan, former Treasury Secretary It is really coldhearted, as we see if like the Jeffersons will not be able to Robert Rubin, and the U.S. Comp- we examine this legislation. How dis- hold the negligent, careless, irrespon- troller General, David Walker. tant do we want to make ourselves sible dealers and manufacturers who Even the administration’s own polit- from a condition that is so tragic that sell them to be liable for the murder of ical allies, ranging from the conserv- even just hearing about it, if it is in innocent children. This bill chooses ative Heritage Foundation to private your own household, sends chills up special interests over the innocents. It sector economists who endorsed the and down the spine? We have already is a sad commentary on this Senate. To President’s tax cuts, have pleaded with rejected in this debate the rights of be blunt, this immunity bill is a form this administration to get its fiscal act sniper victims and police officers. But of child abuse. We still have a chance together. Yet these warnings fall on are we now willing to go ahead and vic- to reverse the course and I hope we are deaf ears in this administration. timize our children? Children who are going to do it. Meanwhile, I urge my After spending $1.7 billion to finance injured by a gun, the families of chil- colleagues to support this amendment three enormous tax cuts in the last 3 dren killed by guns, do we want to shut years, the President’s budget proposes down their rights? I am a proud grand- and preserve the rights of America’s an additional $1.24 trillion—in other father of 10 wonderful grandchildren. It children. words, that is one and a quarter tril- pains me to think that the Senate in Mr. President, I yield the floor. lion dollars—for more tax cuts. which I serve is willing to expose them The PRESIDING OFFICER (Mr. President Bush’s assertion that his to greater danger. That process is pret- SUNUNU). The Senator from West Vir- budget will cut the deficit in half by ty easy, if there is no punishment se- ginia. 2009 is one more in a litany of promises vere enough to curb either negligent or f that will go unfulfilled. reckless behavior on the part of manu- A BUDGET OF GIMMICKS, FALSE The Bush administration’s own budg- facturers, dealers, or distributors. PROMISES, AND UNREALISTIC et documents show that if none of its I think the biggest rogue of all that EXPECTATIONS we all talk about is the shop that per- proposals were enacted into law, the Mr. BYRD. Mr. President, with the mitted Lee Malvo to get the gun he deficit would still be cut in half. had, the Bull’s Eye shop. They had release of the President’s budget for The President’s budget actually guns all over the place on display and the fiscal year 2005, and the upcoming makes the deficit worse in 2009 than if couldn’t detect that 237 or so guns were markup of the fiscal year 2005 budget the Congress took no action at all. unaccounted for. That suggests even resolution, it is now clear the promises For the fiscal years 2001 through 2010, greater danger. What I really hope we made by this administration during the this administration’s policies have can do is not take away a tool that 2000 election have not been kept. Con- transformed a 10-year, $5.6 trillion sur- helped make this society safer for our trary to the promise made 4 years ago plus into a $4 trillion deficit—and it kids. to ensure the Social Security benefits just keeps getting worse. How can we leave out the children, promised to our Nation’s workers, our The President’s budget includes the children’s families, when it comes retirement and disability system has record deficit projections that will to seeking redress if this kind of trag- become more vulnerable. push our national debt to extreme lim- edy strikes that family? Every day we Contrary to the promise made 4 years its never before seen in our Nation’s hear more about another child falling ago to make health care more afford- history, or any other nation’s history victim to gun violence. It is a national able, drug prices continue to rise and for that matter. epidemic. In 2002 alone, the Centers for health insurance remains unobtainable President Bush’s budget is a wake-up Disease Control and Prevention esti- for too many Americans. call for working Americans. Under the mates there were 13,000 kids injured by Contrary to the promise made 4 years guise of inviting middle class workers a firearm. From 1996 to 2001, more than ago to protect our Nation’s vital indus- to sit at the table and share in the tax 1,500 children were killed in firearm ac- try, this administration’s tax and trade cut, this administration ran up a tab cidents. The CDC also found the overall policies have been an unmitigated dis- that won’t be paid for by those with firearm-related death rate among aster with an alarming number of jobs golden parachutes. It will be the work- United States children below the age of being lost overseas. ing man—the man who works with his 15 was nearly 12 times higher than it is Contrary to those assurances that it hands, in many instances, or most. It in 25 other industrialized countries could be trusted to act as a prudent will be the working man who gets combined. This horrible trend in our and responsible manager of our Na- stuck with the bill—the working man, Nation must be stopped. We should be tion’s fiscal policies, the Bush adminis- the forgotten man in this administra- working to enhance the safety of our tration has demonstrated neither pru- tion. In this administration’s tenure, children and not reduce it. dence nor fiscal responsibility. the working man is the forgotten man. Tennille Jefferson, the mother of a In his February 2001 address to a Instead of ensuring the Social Secu- child victim, understands only too well joint session of Congress, the President rity benefits promised to workers— what dangers can result from negligent promised to pay down $2 trillion in here me out there—the President’s gun dealers. On April 19, 1999, her son debt during the next 10 years. He said budget would spend the entire Social Nathan was shot and killed by a young that is ‘‘more debt repaid more quickly Security surplus over the next 5 boy who found the gun on the street, a than has ever been repaid by any na- years—all $1.1 trillion of it—to pay for gun belonging to a gun trafficker tion at any time in history.’’ the administration’s tax cuts for the named Perry Bruce, who bought the The President has not kept that affluent and for the corporate elite. gun from a disreputable gun dealer. promise. Not one thin dime would be allocated The gun dealer sold Perry Bruce guns, Since President Bush submitted his to save your Social Security. despite many obvious signs that he was fiscal year 2002 budget, our gross na- I remember life in the coalfields life trafficking in guns. Bruce had shown a tional debt has increased from $5.6 tril- in southern West Virginia when there welfare card as his only form of identi- lion to $7 trillion, and deficits have was no Social Security. We had the old fication. Yet somehow he was never risen to $521 billion in fiscal year 2004. Raleigh County poor farm. Raleigh questioned about how he managed to With the deficit projections mount- County is in south-central West Vir- scrape up the thousands of dollars nec- ing, the cries of alarm are growing ginia, a great coal-producing county essary to purchase 10 guns. steadily louder. The IMF—an inter- over the years. I remember the old

VerDate jul 14 2003 23:43 Feb 27, 2004 Jkt 029060 PO 00000 Frm 00021 Fmt 4637 Sfmt 0634 E:\CR\FM\G27FE6.055 S27PT1 S1874 CONGRESSIONAL RECORD — SENATE February 27, 2004 county poor farm out at Shady versus the performance on the other retirees or those near retirement. But Springs. hand and the massive increases in the what does that mean for 59-year-olds? It used to be when folks became old— national debt necessary to finance What does that mean for 60-year-olds? and there in those coalfields they be- their ill-conceived fiscal policies, our Oh, I wish I could say I was 60 again. came old early—when they became old, Nation would be left with a Bush debt Maybe not. Maybe not. they could no longer get a job. A per- gap of $4.5 trillion. What does that mean for 59-year-olds son who was 60 years old, I can remem- The administration is forcing work- or 60-year-olds? Will the President try ber when I was a boy, was an old man. ing class Americans not only to shoul- to cut their Social Security benefits or Sixty years old, that was old. Fifty-five der a massive debt burden but also to not? To cut Social Security benefits, years of age or 60 years of age was con- give up those Federal programs and without first engaging the public about sidered old. There was no Social Secu- services from which they most benefit. its intentions, should tell us a great rity when they became old. Those men The President’s tax cuts are squeezing deal about the fiscal priorities and and women who had given their best State revenue, forcing increases in tui- methods of this administration. years in the toil and labor had given tion rates. The cost of attendance at a In the face of this dismal reality, the their best years. And they could no 4-year public college or university has administration does not offer solu- longer get work. The only thing they gone up 26 percent since Mr. Bush be- tions, it offers excuses—just excuses. could do would be to go to the gates of came President, from an average of This administration can only argue their children with their hats in their $8,418 in the year 2000 to $10,636 in 2003. that their budgetary decisions are not hand and hope their children could Let me say that again: The cost of at- their fault. The recession and out-of- take them in. Many of them went to tending a 4-year public college or uni- control spending is to blame for mas- that old county poor farm. No Social versity has gone up 26 percent since sive deficits. Corporate accounting Security. Mr. Bush became President, from an scandals are to blame for weak pension Then like the rays of hope breaking average of $8,418 in 2000 to $10,636 in funds. The September 11 terrorists are away the shadows in those West Vir- 2003. Interest rates on student loans to blame for the shoddy economy. ginia mountains, a new President, a will increase, while Pell grant moneys All of these arguments are belied by crippled President, Franklin D. Roo- and Federal student aid programs are the facts. sevelt, came to the helm of this rolled back. Our investments in education, health shipless state. He and a Democratic Drug prices will continue to increase care, transportation, and other domes- Congress enacted a law bringing to the and veterans and senior citizens—the tic discretionary programs are not the country and to the old folks Social Se- old folks; I can call them senior citi- source of this administration’s deficit curity. I remember when those first So- zens; I can call them old folks because problems. Domestic discretionary com- cial Security checks came. A check I am one of them, thank God—veterans prises only 9 percent of the increase in came to my house where my old coal and seniors will continue to see their spending over the last 3 years, and it miner father—he was not my father, he savings depleted while cuts are made in represents only 17 percent of all Fed- was my foster father—received a check. those programs that help to provide eral spending. President Bush’s budget And my mom, who was my aunt, had them with basic health care. does not even look at mandatory ex- taken me to raise when my mother Workers’ pensions will remain under- penditures for savings even though died in the great influenza in 1918. So funded and vulnerable while this ad- they comprise two-thirds of the Fed- the Byrds took me in and raised me ministration stands passively mute. eral budget. While the President’s pro- and they drew a Social Security check. Social Security’s financing problems posed spending cuts would significantly So I know what it meant for those will continue to worsen as money that undermine our education and health who had to depend upon Social Secu- should be saved to ensure the benefits care investments, it would barely make rity, and those out in the plains, moun- promised to workers is wasted on an a dent in the administration’s deficit tains, the prairies, and the valleys of projections. America, who still depend upon Social ideological fiscal policy that advocates tax cuts above all else. Meanwhile, the Defense Department Security. is plagued with accounting problems so But even the enormous surpluses in The financial perils underlying the severe that the Secretary of Defense the Social Security accounts cannot Social Security Program were brought cannot account for billions of tax- cover the colossal cost of the adminis- to light this week when Federal Re- tration’s tax cuts. President Bush’s serve Chairman Alan Greenspan forced payers’ dollars. The General Account- budget would also cut the funding for the President to confront the fact that ing Office estimates that the very ear- those Federal programs that most ben- his administration has been for 3 years liest that the Defense Department efit working families: Federal student hiding from the facts. Namely, if we could possibly pass an audit would be aid, unemployment and job training continue on the fiscal course set by the year 2007, and that is optimistic. programs, health care initiative for this administration, we will lose the The administration does not even know veterans and the poor and the elderly only opportunity that we will have left how much time and how much money by a whooping $50 billion to pay for the to save Social Security. Congress has a it will take to fix the accounting prob- administration’s tax cuts. Hear me, out responsibility to better educate the lems. there. And still it is not enough. public about their Social Security sys- It is absurd that the administration After Draconian spending cuts on the tem. is proposing to cut vital domestic in- loss of the entire Social Security sur- The panic—have you ever heard panic vestments while billions and billions plus, the President’s budget proposes in the voice of someone? The panic in and billions of dollars are lost every to borrow an additional $1.4 trillion. the voices of my constituents as they year in the Pentagon’s broken account- How long does it take to count $1 tril- called my office yesterday made it ing system. The administration’s defi- lion? At the rate of $1 per second, how clear that more must be done to keep cits have exploded, and they have ex- long would it take to count $1 trillion? the public informed. ploded in large measure because reve- A thousand years? Two thousand What is regrettable is that the real nues as a percentage of our gross do- years? Thirty-six thousand years. problems confronting future Social Se- mestic product have declined to their The President’s budget proposes to curity retirees have only recently sur- lowest levels since 1950—1950. Accord- borrow an additional $1.4 trillion, much faced in the Presidential debates—how ing to the House Budget Committee, of it from countries such as China and about that—only recently surfaced in the three Bush tax cuts have increased entities like OPEC, to pay for what? To the Presidential debates. the deficit by nearly $2.6 trillion from pay for its tax cuts, tax cuts for the What is unforgivable, however, is if it 2001 to 2013. well-to-do, tax cuts for the wealthy. I were not for Chairman Greenspan’s The notion that the administration’s say to the people from West Virginia comments, this administration may deficits were created by a poor econ- who may be watching, there are not not have even raised it as an issue this omy and increased spending is pure many of you included in that group. year. The President’s evasive remarks fantasy. It is made all the worse by When you look at the promises of have been to assure the American peo- this administration’s efforts to hide this administration on the one hand ple that he will not cut the benefits of these facts from the public—from you,

VerDate jul 14 2003 23:43 Feb 27, 2004 Jkt 029060 PO 00000 Frm 00022 Fmt 4637 Sfmt 0634 E:\CR\FM\G27FE6.056 S27PT1 February 27, 2004 CONGRESSIONAL RECORD — SENATE S1875 you. They say it is your money. The way it was when the administration never needed Federal aid to attend col- administration is touting the tough proposed our invasion of Iraq early last lege would advocate cutting it back for choices it is making to cut the deficit year. those students who cannot attend col- in half over 5 years. Yet its budget is How much will it cost, to say nothing lege without it. full of ‘‘magic asterisks’’ that assume of how many lives will be lost before it When this administration leaves of- an initiative will be offset, such as the is over? How many lives? On how many fice—and I hope it won’t be long—its $65 billion health care tax credit but doors will that knock fall before the legacy will be an enormous debt, an provides no information on from where war ends? enormous debt burden that will weigh that savings will come. See, we have two wars. We have the heavily on the middle class. In the Contrary to the Bush administra- war in Afghanistan, which resulted process, it will have severely weakened tion’s past budgets, with surplus pro- from the attacks upon us on the Twin their safety net and will have left little jections extending out 10 years to jus- Towers, on the Pentagon—the attacks means for fixing it. But it won’t matter tify their tax cuts, this year President by al-Qaida, by the 19 hijackers, not to this President. At that point, he will Bush proposed a 5-year budget—a 5- one of whom was an Iraqi. Not one was just move back to Texas, back to good year budget. It hides from the public from Iraq. That is the war that is still old Crawford, TX, knowing that his the alarming long-term deficits pro- going on in Afghanistan. That is the pension and his health care benefits are jected by the Congressional Budget Of- war I support. That is the war I have secure, and that corporate CEOs and fice. It hides the real cost of the admin- supported from the beginning. But I Texas oil men are wealthier and more istration’s proposals, such as the $1.1 have never supported the other war, comfortable than ever before. He will trillion cost of extending the Bush tax the Bush war, the war still going on in never have to rely on the safety net his cuts. Further, President Bush’s budget Iraq, the war that comes under the ru- administration has worked so hard to includes no additional funds for Iraq, bric of the doctrine of preemptive dismantle. even though the administration report- strikes. That is another war. That is Mr. President, I yield the floor. edly will submit another supplemental the Bush war in Iraq. That is the war f request for Iraq—when? After the No- in which the American people should vember elections. never have had to spill a drop of blood. MORNING BUSINESS Not many of you, perhaps, are old The American people should never have The PRESIDING OFFICER. Under enough to remember the old vaudeville had to send one of their sons or daugh- the previous order, the Senate is now shows, where they would tell you, ters to fight. That is the Bush war, and in morning business. ‘‘Watch this hand,’’ while they were nobody knows how many more lives The Senator from North Dakota is doing something they did not tell you will be lost before that war is over. recognized. about with the other hand, or, ‘‘Now This year, the political posturing has f you see it; now you don’t.’’ gotten worse. Not only did the Presi- So they do not tell us how much dent not include any funds in his budg- THANKING SENATOR BYRD money they need for Iraq, but they re- et for the ongoing operations in Iraq, Mr. CONRAD. Mr. President, I want portedly will submit another supple- the administration has announced no to thank our very able senior Senator mental for Iraq after the November supplemental will be sent to the Con- from West Virginia, former majority elections. gress until after the November elec- leader, ranking member on the Appro- Here, perhaps more than anywhere tion, depriving the American voters of priations Committee, for his wisdom. else, is where the budget deficit is the any opportunity to judge the President Every time I have a chance to listen to most deceptive. based on his promises about the cost of Senator ROBERT BYRD, I treasure it. To date, contrary to the modern tra- a war in Iraq. This is a budget of gim- Senator BYRD has a mix of wisdom and dition of an administration funding micks, false promises, unrealistic ex- experience that informs his remarks. large-scale, ongoing wars, at least in pectations. It is a budget of misdirec- Mr. BYRD. If the Senator will yield, part, through the regular appropria- tion, canards, speciousness, spurious- I apologize for interrupting his re- tions process, the Bush administration ness, sophistry, equivocation, fallacies, marks. I thank the Senator for his has refused to request funds for the war prevarications, and flatout fantasy. words. I thank him, however, far more in Iraq in its annual budget. Worse, under the guise of reining in for his wisdom and for his courage, and Why? They do not want you to know. budget deficits, this administration is for his insight, and for his constructive They want the American people to be continuing its assault on the values of contributions that are made so often to fooled. The administration waits until the working class. This is an adminis- the debates in the Senate. I marvel at funds for the troops are almost ex- tration of corporate CEOs and Texas his talent. He is not one who has hid- hausted before requesting additional oil men. The corporate elite of this ad- den his talents. He is out front, out- funds through a supplemental— ministration did not grow up won- spoken, and I listen always with great through a supplemental. The Bush ad- dering if their parents could afford to admiration. May he long continue to ministration’s purpose is clear. What is send them to college. Their parents did serve the people of the United States in it? To limit debate, to limit discussion, not have to choose between paying for this Senate in the capacity which he to limit having to explain to those peo- groceries and paying for health care. now serves, in which capacity he would ple out there who are watching the Their parents did not have to stay up have no peer; I have not seen a peer Senate through those electronic late at night worried about whether yet. I thank him again. lenses—to limit having to explain to they would lose their pension benefits f the American people how much this or whether Social Security would be PRESIDENT BUSH’S ECONOMIC war will cost. This unnecessary war, enough to provide for their retirement. how much will it cost, this war which When the administration proposes to POLICY the American people should never have cut these programs or fails to provide Mr. CONRAD. Mr. President, I want fought, never. They were fooled, then, adequate resources for them, it is be- to talk for a few moments about many into believing there were weapons of cause it has no personal understanding of the subjects Senator BYRD ad- mass destruction all over Iraq and that of the plight of American workers and dressed. I think this week has been a we were in danger of seeing a mush- how much the President’s budget cuts wake-up call to the United States, for room cloud. But to date there have affect middle-class Americans. the Senate, for the House of Represent- been none found. This administration, Only a President who never had to atives, and I hope for the White House, which will argue until they are blue in apply for unemployment benefits because this week the chairman of the the face that black is white and white would oppose extending them when so Federal Reserve, Chairman Greenspan, is black, will still say: Oh, there are many workers are without a job. Only as the Washington Post headlined from still weapons of mass destruction a President who never needed overtime the next morning indicates: ‘‘Fed Chief there; we just have not found them yet. pay would advocate taking it away Urges Cut in Social Security.’’ The They are there. Well, who knows? from those workers who rely on it to subhead says: ‘‘Future Benefits Must Maybe they will be. But that is not the make ends meet. Only a President who Be Curtailed, Greenspan Warns.’’

VerDate jul 14 2003 23:43 Feb 27, 2004 Jkt 029060 PO 00000 Frm 00023 Fmt 4637 Sfmt 0634 E:\CR\FM\G27FE6.059 S27PT1 S1876 CONGRESSIONAL RECORD — SENATE February 27, 2004 Chairman Greenspan is talking in Social Security beneficiaries out of Under the President’s budget, we are this article about the overcommitment poverty. spending $991,000 a minute more than this country has. He said: This chart shows without Social Se- we are taking in—$991,000 a minute. If I am just basically saying we are over- curity, 48 percent of our Nation’s sen- we look at budget deficits and the rela- committed at this stage. iors would be in poverty. With Social tionship over a long period of time, Chairman Greenspan went on to sug- Security, only 9 percent are. Is any- from 1969 to this year, we can see the gest that he favors making permanent body paying attention here? We talk deficits in dollar terms are at an all- the tax cuts the President has pro- about connecting the dots. We talk time high, by far the biggest budget posed. He also says he recommends we about what has happened with the fis- deficit we have ever had—$100 billion cut Social Security benefits as one way cal policy this President has con- more than last year, and last year was of beginning to deal with these long- structed, a fiscal policy that has led to a record. term imbalances. the largest deficits in the history of Some try to minimize it, saying: As a Not so long ago, the President, in his our country, budget deficits that have percentage of our gross domestic prod- FY2002 budget, ‘‘A Blueprint for New no end in sight, that have led the uct, these deficits are not so large. Beginnings’’ said: Chairman of the Federal Reserve to Wait just a minute, these deficits are None of the Social Security surplus will be say: Cut Social Security benefits but huge by any measure. If you look as a used to fund other spending initiatives or tax make the tax cuts permanent, and the percentage of gross domestic product relief. tax cuts have about the same cost over on an operating basis, protecting So- None. Oh, how wrong the President the 10-year period as the amount of cial Security as it was intended to be, was in that assertion because when we money that is being taken from the So- what one sees is this deficit is only ex- look at his budget what we find is he is cial Security trust fund surpluses over ceeded once since World War II as a going to borrow from Social Security that same period. If we connect the percentage of gross domestic product, $2.4 trillion over the next 10 years—$2.4 dots, it becomes very clear. only exceeded by a deficit of 6 percent trillion—and he has no plan to pay it Middle-class people are paying heav- of GDP back in 1983. back. ily into Social Security with payroll The big problem with the President’s It is very interesting to look at the taxes on the promise they will get So- plan is he is hiding from the American relationship between the money the cial Security benefits, but the money is people the true effect of his policies. I President is taking from the Social Se- being taken and instead of being used do not make that charge lightly. The curity surplus over the next 10 years to to prepay the liability or to pay down President is hiding from the American float this boat, nearly $2.4 trillion, and the debt to prepare for their retire- people the full effect of his policies. to compare it to his tax cuts during ment, the money is being used to fi- Here is just one way. Here is what hap- this same period. nance income tax cuts for the wealthi- pens to his tax cut proposal just be- Notice how similar the figures are. est among us. yond the budget window. This dotted They are almost identical. The amount I showed a chart that demonstrated line is the end of the 5-year period. being borrowed from the Social Secu- the top 1 percent, those earning over Here is what happens to the cost of rity trust fund is almost identical to $337,000 a year, get a third of the tax the President’s tax cut once you get the money going out in the tax cuts, benefits. But it is even much more dra- beyond the 5-year window. It abso- primarily income tax cuts, that go matic than that. If you are earning lutely explodes. But it is not just his overwhelmingly to the wealthiest over $1 million a year, those who in tax cut that explodes just beyond the among us, as this chart shows. this country are fortunate enough to budget window. So does the cost of fix- This chart shows the benefits of the earn over $1 million a year will get a ing the alternative minimum tax, the Bush income tax cuts. What it dem- tax cut this year of over $100,000. old millionaires’ tax, designed to make onstrates is the top 1 percent, those Those earning over $1 million a year certain that people with high incomes with incomes of over $337,000 a year, will get an average income tax cut of paid some taxes. And yet that old mil- get 33 percent of the tax cuts. That is over $100,000, and yet we are running lionaires’ tax is rapidly becoming a pretty stunning. Let me repeat it. deficits that are the biggest in the his- middle-class tax because, as we know, Those who are in the top 1 percent, tory of the country with no end in there will be 3 million people affected earning over $337,000 a year, got 33 per- sight, so serious that the Chairman of by it now, and at the end of the 10-year cent of the benefits of the income tax the Federal Reserve board says: Cut period there will be 40 million Ameri- cuts. And now we find out it is being fi- Social Security benefits. cans affected by the alternative min- nanced by taking Social Security This is all about choices. This chart imum tax. money funded by the payroll taxes shows the cost of the President’s tax overwhelmingly paid by middle-income cuts over a 75-year period, $12 trillion. The President does something about Americans. The Social Security shortfall over that it for 1 year. He does nothing about it This is an enormous wealth transfer same period is just under $4 trillion. It for all of the future years. from the many to the few. This is class is a 3-to-1 ratio. The difference between This is the pattern of the cost in- warfare writ large. Take from the the cost of the President’s tax cuts creases to deal with the alternative many, give to the few, and then have over a 75-year period and the Social Se- minimum tax, which everybody knows us head in a fiscal direction that leads curity shortfall. The Chairman of the has to be dealt with. The President has the Chairman of the Federal Reserve to Federal Reserve looks at that shortfall no plan to do anything about it. It is say, at the end of the day, cut the So- and says: Cut benefits, but make the not just in terms of paying the $2.4 tril- cial Security benefits that were sup- tax cuts permanent. That is the logic lion he is borrowing from back Social posed to have been financed by the pay- of where the President’s budgets are Security. He has no plan there. He has roll taxes of the people who paid them. leading, and nobody should be under no plan to deal with the exploding cost It is very interesting to see the effect any illusion that is where this is all of the alternative minimum tax. He of Social Security on this society. Two- headed because here is what is about to has no plan to pay the war cost, the thirds of retirees rely on Social Secu- happen. war on terror. rity for more than half of their income; This chart is the number of Social He says we are going to fight a robust 31 percent of Social Security bene- Security beneficiaries whose numbers battle against terror, but he is not ficiaries get at least 90 percent of their will explode with the retirement of the going to fund it because he has zero in income from Social Security; 33 per- baby boom generation. We are going to his budget past September 30 of this cent get 50 to 89 percent of their in- go from about 40 million in 2005, look year. Does anybody believe the war on come from Social Security. at 2045, there will be 82 million people terror, the war in Iraq, the war in Af- If you put those two together, nearly receiving Social Security. This isn’t a ghanistan, is going to neatly end at the two-thirds of retirees rely on Social Se- projection. These people are alive. end of the fiscal year? Does anybody curity for more than half of their in- They have been born, and they are seriously believe that? That is what come. We know Social Security has going to be eligible, and the President the President says is going to happen. been the engine driving people who are has no plan, none, to deal with it. He says there is going to be no cost

VerDate jul 14 2003 23:43 Feb 27, 2004 Jkt 029060 PO 00000 Frm 00024 Fmt 4637 Sfmt 0634 E:\CR\FM\G27FE6.063 S27PT1 February 27, 2004 CONGRESSIONAL RECORD — SENATE S1877 past September 30, no cost for Afghani- over the world. We are into Japan for Mr. HARKIN. I thank the Presiding stan, no cost for the war on terror, no over $500 billion and this is from 2003. Officer. cost for the war in Iraq, none. We know this is a much higher number f When we ask him how can that be, now because Japan is buying dollars at his response is, gee, I really do not a furious pace. So is China. We are into HAITI know what the cost is going to be. them for over $140 billion, and that Mr. HARKIN. Mr. President, today Well, the right answer is not zero. The number would be much higher if we things are peaceful in Washington, DC, right answer is not no cost. had a current number. We borrowed $62 and around the United States. We are The Congressional Budget Office tells billion from Caribbean banking cen- all enjoying our time at home with our us the cost is going to be $280 billion, ters. We are in hock to Hong Kong for families knowing that we can walk but the President does not acknowl- $56 billion, to Taiwan for $46 billion, outside and go to our local grocery edge that cost. It is no wonder that he but we have even borrowed $43 billion store or to a shopping or a local the- is able to say he is going to cut the def- from South Korea. ater, and knowing that we are reason- icit in half in 5 years. He just does not When I was growing up, if anybody ably assured we can do so with the as- count things. He does not count the had told me America would be having surance that we will not be subjected war cost. He does not count dealing to borrow money from South Korea, to being killed or be subjected to a vio- with the alternative minimum tax cri- that we would be having to be bor- lent activity. sis. He does not count paying back the rowing money from Japan and China, But today, as we are here, a reign of $2.4 trillion he is taking from Social why nobody would have believed it. terror has descended upon a small and Security, every penny of which he has But that is what is happening. impoverished country a few hundred This was the President’s statement to pay back but none of which he has a miles off our coast, the poorest country just the other day in Louisville, KY: plan to do. in this hemisphere, Haiti. A reign of The President says he is going to cut We’ve got plenty of money in Washington, terror has descended upon Haiti. It is a DC, by the way. the deficit in half in the next 5 years. crisis of immense human proportions. We have gone back and included the This is not the statement of a serious As I take the floor today, the people cost of his war policies, his tax cut pro- person, ‘‘We’ve got plenty of money in of Haiti are living under the threat of Washington, DC, by the way.’’ That is posals, and the alternative minimum anarchy—under the threat that a few not the statement of a serious person tax, just those three areas. What well-armed thugs and killers who are when he is running the biggest deficit emerges is a more realistic view of well known to them because of their in the history of the United States of where the deficit is headed. As we can past involvement in plotting coup America, with no end in sight, and his d’etat in Haiti because in the previous see, there is no cutting the deficit in proposal is to dig the hole deeper, to years they have been convicted by the half. have no more spending and cut the rev- courts in Haiti of murder. These same In fact, we do not see the deficit ever enue even more when we already are individuals now have guns, modern getting below about $600 billion. That running record deficits, right on the is a realistic expectation, instead of eve of the retirement of the baby boom weapons, flak jackets, helmets, and what the President is telling the Amer- generation. communication gear. They are threat- ican people. This President tells the American ening to take over the democratically Here is what is happening to the people that we have plenty of money? elected Government of Haiti, and they debt: The gross debt of the United The only reason there is plenty of are going to do it by killing thousands States is absolutely exploding, at the money is because he is borrowing it of people. very time the President promised us he from every place that he can find some- Today, stores and shops are closed in would have maximum paydown of the body who will loan it to him. Port-au-Prince. The situation is dete- debt. Remember 2001, that is what he There is $2.4 trillion being borrowed riorating by the hour. Commercial air- told us, that he would have maximum from the Social Security trust fund lines have cancelled all flights in and paydown of the debt. Instead, the debt with no plan to pay it back, and now out of Haiti. Private charter flights is exploding from some $6 trillion in Chairman Greenspan warns that the have been halted. Parts of the main 2001 to $15 trillion by 2014. over commitments are so large that port are reportedly on fire. U.S. diplo- This chart is one of the most sober- Social Security benefits ought to start matic representatives are hunkered ing of all. The green bars show the So- being cut. down in the embassy compound guard- cial Security trust fund, the blue bars That is the logic of the President’s ed by some Marines. France, Canada, the Medicare trust fund, and the red course, and it is a disastrous course. It Brazil, and the Dominican Republic bars show the tax cuts already enacted is one that risks the economic security have withdrawn their personnel. and those proposed by the President. of this country. It is one that risks put- What is our response? Silence, noth- What this shows is right now we are ting upward pressure on interest rates ing. We are a pitiful, helpless giant being buffered from the full effect of that will choke off economic growth, when it comes to averting a humani- what the President has proposed by the that will cost this Nation even more tarian crisis in a small impoverished surpluses in the trust funds. jobs, and force this Congress and a fu- country in our hemisphere a few hun- Look what happens when those trust ture President into the most excru- dred miles from our shores. funds go cash negative out in 2016. At ciating of choices. We can send $160 billion to Iraq. We that very time the cost of the Presi- This is a reckless course. This is not can send our young men and women to dent’s tax cut proposals explode, driv- conservative. This is radical. It is reck- Iraq to die. We can send billions of tax- ing us right over the cliff into deficits less and it has to be stopped. payer dollars to Iraq to build their in- and debt never before seen in this coun- I yield the floor, and I suggest the ab- frastructure. But we can do nothing to try. Do not take my word for it. Here sence of a quorum. stop the bloodshed and the anarchy de- The PRESIDING OFFICER. The is the Congressional Budget Office re- scending upon Haiti today. clerk will call the roll. port on the long-term budget outlook The assistant journal clerk proceeded I find this inexcusable. We have a showing the President’s tax cuts ex- to call the roll. moral obligation, a moral imperative ploding the deficit at the very time the Mr. HARKIN. Mr. President, I ask because of our past relationships with baby-boomers retire. This is not just unanimous consent that the order for Haiti, because it is a neighbor of ours, reckless and irresponsible. It is wildly the quorum call be rescinded. because it is in our hemisphere, be- reckless and irresponsible. The PRESIDING OFFICER. Without cause we are the most powerful coun- This is what happens under the Presi- objection, it is so ordered. try in this hemisphere, let alone the dent’s scenario. Where is the money Mr. HARKIN. Mr. President, par- world, and because we believe in de- coming from? Well, he is going to bor- liamentary inquiry: Are Senators allot- mocracy, we believe in the rule of law, row $2.4 trillion from Social Security ted a certain amount of time? we believe in human rights and human with no plan to pay it back, but that is The PRESIDING OFFICER. The Sen- dignity. not the only place he is borrowing. ate is in morning business. Under the Do we only believe in it for Iraq? Do Now he is borrowing from countries all previous order, there is no time limit. we only believe in it when it suits our

VerDate jul 14 2003 23:43 Feb 27, 2004 Jkt 029060 PO 00000 Frm 00025 Fmt 4637 Sfmt 0634 E:\CR\FM\G27FE6.065 S27PT1 S1878 CONGRESSIONAL RECORD — SENATE February 27, 2004 convenience? Do we only believe in over, who has the guns and the arms? ple who had supported Aristide, the these principles when the country has Well, not a very savory character. Guy military went out and killed them. a lot of oil, for example? Are these just Philippe was convicted of drug traf- Some of these guys like Chamblain and so many words we utter about human ficking in Panama. He was extradited Tatoune were involved in this. rights, democracy, and rule of law? to the Dominican Republic, put in jail The international community came When it comes to a small, black, im- in the Dominican Republic. Somehow— down pretty hard on Haiti at that time. poverished nation where people are we do not know how—somehow he got Under President Clinton, we sent about poorer than dirt, where they have been out of jail last year and, lo and behold, 20,000 troops to Haiti to restore order subject to centuries of dictatorial rule, now he is in Haiti with guns and with and to bring Aristide back as the elect- where they have been ignored by their his old thugs from the military. ed President, which was accomplished. neighbors and by us for centuries, Louis Jodel Chamblain, one of the It took 3 years, but we accomplished where they have been ground down for main leaders of this FRAPH, the Revo- it. He came back, if I am not mistaken, a couple of hundred years, I guess when lution Front for Haitian Advancement in late 1994 or early 1995. it comes to a country like that, like Progress. It means ‘‘hit’’ in Creole. One of the things that was agreed Haiti, democracy, human rights, rule Again, where does he come from? Well, upon with Aristide is that the 3 years of law does not mean much. I guess it you do not have to go very far back. In he was out of the country would count just means we can turn a deaf ear and the early 1990s during the military gov- as part of his presidency. For the good a blind eye to what is happening. ernment this guy was very active—in of Haiti, and to move democracy along, The situation in Haiti cries out for us killing people. In fact, he was con- President Aristide agreed to that. to do something. The poorest people in victed in absentia in September of 1995 Though he only served 8 months as this hemisphere are crying out to us to and sentenced to life imprisonment for President, he agreed they would count help them. Somehow, we are saying we the murder of Antoine Izmery, a well- all the time he was out of the country cannot do anything. Talk about a lack known prodemocracy activist. as part of his presidency. He came back, and he had about a of moral spine. Where is the moral Chamblain has been notorious for kill- year in office before he had to leave, on spine of this administration when it ing people in the past. Yet he is in a 5-year term. Before he left office, comes to Haiti, when it comes to a Haiti right now, one of the guys who is though, he did one thing: President poor, black, impoverished country like going to liberate Haiti. And you have Aristide, in 1995, disbanded the mili- that? What is our response to the situa- Jean Tatoune, Jean-Pierre Baptiste, tary. He said: Haiti does not need a tion? also a FRAPH leader, also in Haiti, one military. No one is going to invade us. I read in the newspaper this morning of those responsible for the massacre in It uses up a lot of the money that that Powell puts pressure on Haitian Raboteau in 1994. Again, he was con- should go for hospitals and education leader to resign, that Secretary Powell victed in absentia and sentenced to life and things like that, paying all these is questioning whether he should stay imprisonment. soldiers. We do not need soldiers. in office, and as Secretary Powell even He is back again. He will liberate He was right. Haiti did not need a said: Haiti. These three individuals—and military. So he disbanded the military. He is the democratically elected president, there are only three I mentioned; there Since that time, there has not been a but he has had difficulties in his presidency. are more who used to be in the mili- military in Haiti. United States officials, speaking on tary—want to take Haiti back. They do A lot of these military people left the condition of anonymity, said a resigna- not want democratic government. They country, Guy Philippe being one of tion would be in order, that Aristide do not want to run for office. them, who went to Panama and got in- should resign. Again, a little history is in order. We volved in drug trafficking and got He has been democratically elected. all know Haiti was one of the first caught. He got put, as I said, in prison He has had some difficulties, and there- countries where there was a slave up- in the Dominican Republic. Now he is fore he should resign. rising in 1804 and they threw off the out. Now he is back with a gun. Let us take a look at that record, be- French rule and defeated Napoleon, de- A little history is important to see cause I find this totally unacceptable feated Napoleon’s forces and became a what happened. and the American people ought to find free country. It was kind of unsettling Aristide was out for 5 years because this unacceptable. These statements, because we still had slavery in America he also agreed he would abide by the combined with our inaction, have en- and a lot of Senators and Congressmen Constitution and he would not seek a couraged and emboldened a lawless in- at that time in the Congress of the consecutive reelection. The Constitu- surrection by armed thugs and mur- United States were very upset about tion of Haiti says for a 5-year presi- derers. This is no legitimate uprising this slave revolt in Haiti. We had to be dential term, you cannot have two con- indigenous to the people of Haiti. very careful it did not reach our secutive terms. You can come back and These are a few killers and thugs who shores. run later on, but you cannot have two got their hands on guns, who were in After that, Haiti devolved into one consecutive terms. President Aristide the old army Aristide disbanded, and dictatorship after another. For the bet- agreed to that. now they want to come back and take ter part of the last century, most of From 1995 until 2000, there was an- over Haiti again. Guess what. We are the dictators were supported by us, the other President in there named Preval. helping them by our inaction. Duvalier regime being the most infa- I will not go into that. Aristide basi- Human Rights Watch has said these mous of them all. cally was not heard of much during insurrections are by the very same peo- Finally, after the Haitian people had that period of time. He formed a new ple who are responsible for widespread been tortured and enough people killed, political party. He ran again in 2000 killings and abuses that occurred dur- they rose up in the 1980s and they got and was reelected in what was deemed ing the military rule in the early 1990s. rid of not only Papa ‘‘Doc’’ Duvalier, a fair election. Some people say only 5 Who are these people? We see them in who died, but also his son, Baby ‘‘Doc,’’ percent of the people turned out, but the Post. They get pictures taken. and ran him out of the country. They there are other accounts that as many They give interviews. Guy Philippe is had an electoral process and had an as 60 percent of the people turned out quoted all the time. Kind of a hand- election in 1990 everyone said was fair, to vote in that election. But the oppo- some-looking guy. Guy Philippe has and a guy by the name of John sition wanted to boycott it, would not given all these interviews. He said in Bertrand Aristide won the Presidency participate. the paper he is going to get Aristide. in 1990. He was inaugurated, if I am not Aristide was reelected for another We are going to get him. He said, No mistaken, in January of 1991. term. Since that time, the Bush admin- way, Jose, will he be allowed to stay in How long was he President? Eight istration has put an embargo on finan- office. This Guy Philippe knows how to months. In 8 months the military came cial aid and assistance to Haiti. So use colloquial English. in and threw him out. There was a coup when Secretary Powell says he has had Who is Guy Philippe? Who is this in- d’etat and they threw him out of the difficulties in his presidency, sure, dividual who now says he wants to run country. And thus began a ruthless when we pull the rug out from under- the country, that he wants to take it killing field in Haiti. Of all those peo- neath him, and we cut down aid and

VerDate jul 14 2003 23:43 Feb 27, 2004 Jkt 029060 PO 00000 Frm 00026 Fmt 4637 Sfmt 0634 E:\CR\FM\G27FE6.081 S27PT1 February 27, 2004 CONGRESSIONAL RECORD — SENATE S1879 support to a democratically elected an army because Aristide disbanded hemisphere. We have a responsibility government, of course they are going the army. The police forces he set up in Haiti—a responsibility based on our to have difficulties. are ill-trained, ill-equipped to deal democratic values, a responsibility This is a poor country. This is a with it because we did not come in to based on humanitarianism. country where the military wants to help them set up a professional police Mr. President, there is one other take over again. This is a country that force in Haiti. thing. There are now 20,000 U.S. citi- for 200 years had no democracy whatso- So when you come in with guns blaz- zens in Haiti. We have a responsibility ever and is still struggling to try to ing, and you have the guns, who is to protect them also. What about those figure out how to make democracy going to stand up to you? That is why 20,000 American citizens in Haiti? Why work there. Of course there are dif- I opened my comments by saying, the are we not protecting them? I ask that ficulties. So I question Secretary Pow- people in Haiti are in a reign of terror question. Why are we not protecting ell’s and our administration’s insist- right now. And make no mistake about the 20,000 U.S. citizens living in Haiti? ence somehow that Aristide has to go. it, if Guy Philippe and Chamblain and Maybe you can draw your own conclu- One other thing is important. Re- those armed thugs are able to take sions. I don’t know. cently the CARICOM nations—this is over Port-au-Prince and either kill Well, what needs to be done? Right the Caribbean community of nations— President Aristide or somehow run him now, there is a debate on how we got met in Jamaica to come up with a pro- out of the country, there will be a kill- there. Who is right? Who is wrong? Did posal to help try to solve the impasse ing field in Haiti. Thousands of people Aristide do this, or did he not do that? in Haiti, the political stalemate in will lose their lives because this army, Did he keep out the opposition? There Haiti. They met. They invited the op- vicious as it was in the 1990s, will be is all this talk about how we got here. position to come. They invited Aristide even more vicious now in seeking ret- When your house is on fire, you put out to come. Aristide went to Kingston, Ja- ribution against those who supported the fire first. You don’t go around say- maica. The opposition boycotted it. Aristide in disbanding the Haitian ing, How did it start? Get the fire out, The CARICOM nations decided on a military. then we can have the debate about how plan they promoted for a political set- It is devolving into anarchy in Port- we got there. Haiti is on fire. It is burning right tlement in Haiti. Guess who backed au-Prince and the rest of Haiti. People now. Innocent men, women, and chil- that plan. Our State Department, I as- are fearful. They are fearful for their dren are being killed right now. We can sume speaking for the President. Our children, for their families. Businesses stop it. We have the power to stop it— Secretary of State, the same Secretary are closed. Food aid. We were feeding with very little involvement on our Colin Powell, supported the CARICOM 300,000 people a day—malnourished, part. We have the power to stop it. proposal, which was a power-sharing starving people. That now is not hap- Tomorrow, the United States should arrangement Aristide would have to pening. Think about the implications deploy a stabilization force in Haiti give to the opposition. For the benefit of that. Think about it. Don’t we have along with the Organization of Amer- of Haiti, to promote, again, democratic a moral obligation here? The Bush ad- ican States. The Organization of Amer- principles, Aristide agreed to that. He ministration, justifying inaction, says ican States has a history in this, by the did not have to, but he agreed to it. it does not want to choose sides. I am way. They have sent peacekeeping op- Guess who did not agree to the not asking anyone to choose a side. erations to places like Yugoslavia. The CARICOM proposal. The opposition. What we are asking the administration Caribbean countries are one-third of Let’s get this straight. The Carib- to do is to—right now, this weekend, the OAS. They have sent people, too, as bean community comes up with a pro- tomorrow—join with the OAS and send peacekeepers. They have experience in posal for political settlement. Aristide in a peacekeeping force to bring some this. They can be involved with us in agrees to it; the opposition does not. order to let people know they cannot setting up a stabilizing force this week- Our own Secretary of State promoted run roughshod, they cannot come in end in Haiti. If we were to send that the CARICOM proposal, the settle- and shoot police stations up and burn signal now, that would stop these thugs ment, and now our Secretary of State buildings down, to help create some and gunmen and murderers in their is saying it is Aristide who has to go. stability. tracks. But I can tell you, from con- Wait a minute. He was the one who The side we should choose is the side versations I have had on the phone agreed to the proposal. It was the oppo- of democracy. That is the side we with people in Haiti today, that the sition who did not agree. should choose. These armed thugs were people in Haiti are thinking that we What is going on here? One has to not elected. President Aristide was are on the side of the thugs and the ask, what is going on? I see this, and I elected, not the armed thugs. It is clear killers. Why? Because we are not doing say, there is a disconnect here. There is that the administration’s unwilling- anything and they have the guns. If we something wrong here. There is some- ness to get involved is paving the way were to send in a stabilization force, thing wrong here when all of the focus for the destruction of Haiti’s fledgling the people of Haiti would know we are is being put on Aristide to leave the democracy. on their side. That would give them country. When you have murderers and What about all this talk of spreading courage. But right now, the poor people thugs, ex-military people convicted in democracy? What about the forward of Haiti believe that they are alone— absentia of vicious killings and mur- strategy for freedom? Can you imagine alone, forgotten, abandoned, as they ders in Haiti, who left the country, who how this must sound to Haitians as we have tried to implement a democratic are now coming back in with guns, embolden and encourage the gunmen, form of government in their country. modern weaponry, one has to ask, criminals, and thugs who are now try- The administration says they don’t where did they get them? ing to overthrow the democratically want to act until there is a political This is a country of 8 million people. elected Government of Haiti? The ad- settlement. Mr. President, you cannot How many people are we talking about ministration speaks about democracy have a political settlement until you in Gonaives or in Cap-Haitien or places halfway around the world. What about have some stability. You cannot have a like that? The best estimates are democracy 600 miles off our shores? political settlement when people are maybe a couple hundred. One town got To be sure, the fledgling democracy being gunned down in the streets, when overrun with 40 people. Forty people in Haiti is imperfect. I am the first to armed thugs are burning down police with guns came in, shot the police admit that. But it would be a profound stations. Think about that. chief, killed him, burned the police sta- mistake of historic proportions that I The people who want to ‘‘liberate’’ tion down, and left the town. Out of 8 believe would have deep moral implica- Haiti are the people with guns. What million people, you have 200 or 300 peo- tions for our country if we abandon are they doing? They are burning down ple who have these guns causing this this fledgling democracy to the likes of police stations. Does that give you an trouble. these gunmen. idea of what they want to do after they That is a popular uprising? You Well, maybe the administration says take over? might say, well, why don’t the Haitian this is an easy way out. We don’t do The administration says they are re- people, then, confront these people? Be- anything, we just let it go. Talk about luctant to act without a political set- cause the Haitian people do not have an abdication of our position in this tlement. You cannot have a political

VerDate jul 14 2003 23:43 Feb 27, 2004 Jkt 029060 PO 00000 Frm 00027 Fmt 4637 Sfmt 0634 E:\CR\FM\G27FE6.084 S27PT1 S1880 CONGRESSIONAL RECORD — SENATE February 27, 2004 settlement without stability. Stability Aristide, a hero to his people, elected the gunmen and the thugs to take over first. That is why I say this adminis- freely twice, overthrown once by a because they do not see us anywhere, tration, tomorrow, needs to send in a murderous coup in the nineties who and not seeing us anywhere must mean peacekeeping force to Haiti, along with has come back fearlessly to try to en- we are on the gunmen’s side because the Organization of American States. gender a political democratic solution they have the guns. It can be done in less than 24 hours. It to the problems in Haiti, this very Now they are trying to say this is would stop the bloodshed immediately. small diminutive man who disbanded some kind of a popular uprising. These Then we can work on the CARICOM the military in Haiti is asking for our gunmen, these murderers, these ex- proposal or other proposals for a polit- help to save the democratic system. military people were not even in Haiti. ical settlement. Every time we have called upon They had been convicted by the courts How are you going to have a political President Aristide to take a step back in Haiti of murder, sentenced to life in dialog, a political settlement in this to do something for the democratic prison in absentia. There is no popular environment right now? Our own em- process in Haiti, he has done so. As I uprising. These are armed thugs com- bassy staff cannot even leave the com- said, when he was in exile in the nine- ing across the border from the Domini- pound or move around. How can we ties, in our dealing with the military in can Republic taking arms, communica- work on dialog and a resolution? You Haiti, we made Aristide agree that the tions equipment, and everything with have to have a secure environment in 3 years he was in exile would be count- them and terrorizing people, killing po- order for a productive dialog to take ed as part of his Presidency, even licemen, and burning down police sta- place. Is it this administration’s intent though he was not there, even though tions. to totally destabilize the Aristide gov- he served only 8 months as President. They are well equipped. They have ernment, the democratically elected For the good of democracy and his con- big weapons. They move at night. They government of Haiti, and let the gun- stitution, he agreed to those requests. know how to communicate. This is an men take over and hope somehow we Even though he would have been re- uprising of Haitian people? Not a bit. can deal with them later? Is that their elected in a landslide in 1995, he abided The people of Haiti are crying out to intent? Because that is who is going to by the constitution and did not seek us. It speaks to our moral values. Are take over. It will not be the political reelection, as the constitution pro- we going to pay attention to the poor- opposition. It will be the people with vides. est country in this hemisphere, one of the guns. The most lethal element in So this little man without an army, the poorest in the world, almost an en- Haiti will be the ones who will take without any oil, without some stra- tirely black country where they have over. Don’t take my word for it. Read tegic importance in the world commu- been beaten and trod upon for so long the paper. What are Guy Phillipe and nity, this little diminutive man, Jean- and where they saw a little bit of hope Jodel Chamblain and others saying to Bertrand Aristide, a former Catholic and finally getting out from under the press? They are going to run priest, who, back when he first started military rule, under dictatorial re- things, not some civilian opposition. in the eighties, only wanted to increase gimes, such as the Duvaliers, being After we would send in a stabilizing the educational level, the health level, able to have some power to vote for force this weekend, we would work the living standards of the poorest peo- who they wanted to see in office, not with OAS, the CARICOM, to mediate a ple in Haiti—it has been his life’s who we wanted to see in office? Are we political solution, one that respects work—is crying out for our help to just now going to turn our backs on and preserves Haiti’s emerging democ- save democracy. them? racy. On February 20, I joined with a What are we saying to him? Leave I hope not. I hope that somewhere in number of my colleagues in sending a the country. You leave the country and this State Department, somewhere in letter to Secretary Powell saying the turn it over to the gunmen. That is not this administration there is a spark of CARICOM initiative offers the best ve- saving democracy. That is destroying conscience that says we cannot stand hicle for a peaceful resolution of this it. That is killing the fledgling democ- by, that we must send a peacekeeping critical situation. If we fail to act, racy in Haiti. force to Haiti immediately, and we there will be real consequences. President Aristide said he would have to work upon a political settle- Consider what happened in 1993 and serve until his term is up, I believe it ment rather than a settlement at the 1994 when we didn’t act at that time. is February of 2006, but when Secretary end of a gun barrel held by thugs and Thousands of Haitians were killed, tor- Powell and the CARICOM nations went murderers. ture chambers were set up. There was to Aristide and said, Look, to save I hope there is a spark of conscience raping and pillaging and looting. Many your fledgling democracy, you have to someplace because if there is not, a lot more fled to the U.S. and other neigh- agree upon powersharing, upon this, all of people are going to die, a lot of inno- boring countries. That was in 1993. the elements they put into that pack- cent people, poor people, people who do That is when we had a military dicta- not have much to begin with. They are torship in Haiti. The same people are age, what did Aristide say? OK, to save going to get in their boats. They are now trying to overthrow the Aristide democracy in Haiti, he would do it. The government. opposition, to save democracy, would going to want to flee the country. But today we are on the brink of they come halfway and meet him? What did our President say? If they even a bigger catastrophe. The World They said, no, they would not agree to come out, we will pick them up and Food Program, which I have men- that. The only thing they would agree send them right back. Think about tioned, is feeding about 300,000 Haitians to is Aristide going completely out of that. Poor people trying to flee the a day. This distribution, for all intents the country and them taking over. killing fields, and we are telling them and purposes, is stopping. A humani- One has to wonder what is going on. if they get in a boat and try to go tarian crisis of immense proportions is This is a seminal moment, I believe, in someplace, we will send them back. happening on our own doorstep, and we the history of our country and in our Is this America? Is this the country do nothing. relationship to the rest of this hemi- my mother came to as an immigrant? What kind of signal do we send to the sphere because what we do or do not do There is a lot to ponder in our relation- children of Haiti? Is it our signal that in Haiti this weekend and immediately ship with Haiti at this point in time. It the only way to get anything done is to speaks to what the American character is a seminal moment. I believe what pick up a gun, to kill, to intimidate? is, what we really stand for. The mo- happens within the next 24 to 48 hours The issue is not about partisanship. ment is now. will determine the fate of democracy in The issue is about a humanitarian cri- Haiti could descend into anarchy at Haiti. It will determine the fate of sis. This small impoverished country, any moment. On the radios in Port-au- thousands of innocent Haitian people the poorest in our hemisphere, a nation Prince, opposition people are getting and it will determine our moral stand- with this long history of dictatorial re- on the air saying Aristide is fleeing the ing, not only in this hemisphere but in gimes supported a lot by us is crying country; right now he is fleeing the the world. out for help. country. The poor people who were I hope that spark of conscience hap- We have a small, diminutive man, a counting on Aristide to protect them pens very soon somewhere in this ad- former Catholic priest, Jean-Bertrand now are frightened, and it emboldens ministration, because anarchy, murder,

VerDate jul 14 2003 23:43 Feb 27, 2004 Jkt 029060 PO 00000 Frm 00028 Fmt 4637 Sfmt 0634 E:\CR\FM\G27FE6.087 S27PT1 February 27, 2004 CONGRESSIONAL RECORD — SENATE S1881 and killings are going to happen very ASBESTOS LITIGATION First of all, progress to date: The cri- soon unless that spark of conscience Mr. FRIST. Mr. President, I rise this sis is there, it is getting worse, and it happens somewhere in this administra- afternoon to discuss the progress that demands a response from us. As an up- tion. has been made to date in my efforts to date on what we have accomplished to I yield the floor, and I suggest the ab- resolve a critically important issue; date, the FAIR Act—Fairness In Asbes- sence of a quorum. that is, the issue of asbestos litiga- tos Injury Resolution Act—has already The PRESIDING OFFICER. The tion—a crisis that is currently playing made significant headway. Under the clerk will call the roll. out and has been playing out over the leadership of Chairman HATCH, it was The assistant journal clerk proceeded last several years, an issue I have ad- passed by the Senate Judiciary Com- to call the roll. dressed on the floor of the Senate. I mittee last July, and there have been Mr. FRIST. Mr. President, I ask wanted to give an update of where we ongoing discussions and negotiations unanimous consent that the order for are, a little bit about where we have ever since. the quorum call be rescinded. been, but also what my expectations I commend Senator HATCH and the The PRESIDING OFFICER. Without will be as we look to the future. ranking minority member, Senator objection, it is so ordered. First and foremost, we have made LEAHY, for their tremendous hard work Mr. FRIST. Mr. President, we are good progress toward enacting Chair- on this bill. still in some negotiations and will be man HATCH’s FAIR Act, which is the I also want to recognize my colleague in for a bit longer. But I will speak for Fairness In Asbestos Injury Resolution from Pennsylvania, Senator SPECTER, a few moments on several issues while Act. I have made this a personal pri- who has done hard work in conjunction those negotiations continue. ority in that the Senate must resolve with Judge Becker on this particular The PRESIDING OFFICER. Without this issue. issue. objection, it is so ordered. First of all, the crisis itself, the as- A strong bill, steady progress, and bestos crisis. As I mentioned on the constant discussion. floor last fall, the magnitude of the as- f I want to note that my Democratic bestos crisis is truly overwhelming. colleagues as well as organized labor The torrent of litigation has wreaked COMMEMORATING BORIS and other stakeholders have been deep- havoc on victims, on American jobs, ly involved throughout the process. TRAJKOVSKI, PRESIDENT OF and on the economy. The 600,000 claims MACEDONIA Led by Senator HATCH, bipartisan that have been filed have already cost breakthroughs were made on issues Mr. FRIST. At this juncture, Mr. $54 billion in settlements, in judg- that previously have proved irreconcil- President, I rise with heavy heart in ments, and in litigation costs. able. These included a whole range of that Thursday morning, Boris Even with those billions being spent, issues but included the linchpin issue Trajkovski, the President of Mac- the current asbestos tort system has of medical criteria that has proven his- edonia, perished in a plane crash in the today become nothing more than a liti- torically to be so difficult and con- mountains of Bosnia. He was a good gation lottery. A few victims receive troversial. man, a man I had met, a man with adequate compensation, and far more In addition, much work was done whom I had extensive discussions, a suffer long delays for unpredictable and over the winter recess to resolve out- man who was a great leader. Indeed, inequitable awards, if they receive any- standing issues regarding the appro- the people of Macedonia have lost a thing at all. Today, it is a system with priate administrative structures of the true hero and, indeed, America has lost only one real winner; that is, the plain- system for resolving current and future tiffs’ trial lawyers. They are taking a great friend. asbestos claims. Elected to his country’s highest post half of every dollar that is awarded to What has emerged under S. 1125 and in 1999, President Trajkovski held his victims. One-half of every dollar that is the current negotiations is a stream- country together through terrible cri- awarded to victims ends up going to lined national trust fund for paying as- plaintiffs’ trial lawyers. ses and conflicts. He kept the strug- bestos claimants quickly, fairly, and The future prospect for people who gling new Republic from descending efficiently. The new system will pro- into anarchy and civil war and, in have been victimized even gets worse. But let me say it is not only the vic- vide more certainty and efficiency for doing so, set an example for the entire claimants, and more certainty and pre- region. tims who suffer—that is clear—but workers lose their jobs. Asbestos-re- dictability for businesses. President Trajkovski was one of our lated bankruptcies spell doom for Passing this bill will create enor- first allies to publicly support Oper- workers’ jobs, for their incomes and, of mous economic benefits. Certainty ation Iraqi Freedom and to commit course, for their retirement savings. It that flows from a bill will stimulate troops to the liberation. The Iraqi peo- has already cost more than 60,000 capital investment, preserving existing ple owe President Trajkovski and the Americans their jobs. For those who jobs and creating new ones. I had hoped Macedonian people a debt of gratitude lose their jobs, the average personal to bring this bill to a floor vote before for his belief in them. loss in wages over a career is as much the end of last session, but we were He was a sincere champion of free- as $50,000. That $50,000 does not include simply unable to achieve that goal. dom. Only 47 years old, Boris lost retirement and lost health bene- Chairman HATCH and Senator LEAHY Trajkovski was a President, a minister, fits. worked hard to resolve many difficult an attorney, a father, and a husband. Workers at asbestos-related bankrupt issues at the committee level. Senator Our prayers go out to his family and firms with 401(k) plans lost about 25 DASCHLE and I, along with our staffs, the families of all who were lost on percent of the value of their 401(k) have continued to work with stake- that fateful plane. plans. The victims; yes. They have holders to put more issues behind us It is my hope that the people of Mac- been hurt by the current system but, over the past months. In fact, there edonia will honor him by carrying on indeed, with the bankruptcy of these have been more than 20 meetings start- his work of cultivating and nurturing companies, employees are hurt all ing last July at which my staff, Sen- their newfound freedom. around the country. ator HATCH’s staff, Senator SPECTER’s Mr. President, I suggest the absence The problem is there. It is a crisis. It staff, and staff representing the minor- of a quorum. is a crisis that is getting worse. It is ity have negotiated these issues. The PRESIDENT pro tempore. The not getting better. Thus, it is incum- While there are many issues which clerk will call the roll. bent upon us to act. remain outstanding, the core principles The senior journal clerk proceeded to I asked a simple question during my of an effective bill are now clear. The call the roll. remarks last year. That question was, crisis is there, the crisis is getting Mr. FRIST. Mr. President, I ask Can we create a system that is better worse, the bill has been delivered, con- unanimous consent that the order for than the status quo? The answer is, of tinued progress, continued discussions the quorum call be rescinded. course, yes. But time is running short. with improvement of the bill. The PRESIDING OFFICER. Without That is what brings me to the floor Then the question is, Where do we go objection, it is so ordered. today. from here?

VerDate jul 14 2003 23:43 Feb 27, 2004 Jkt 029060 PO 00000 Frm 00029 Fmt 4637 Sfmt 0634 E:\CR\FM\G27FE6.090 S27PT1 S1882 CONGRESSIONAL RECORD — SENATE February 27, 2004 If we intend to make good on our col- rights pilgrimage to Alabama and to can. Again, to those participants, I say lective hope to pass legislation, at Tennessee. It was a real privilege to thank you. some point the ongoing discussions and travel not just with my colleagues in We met with people throughout who negotiations must end and a bill must this body and the House of Representa- were present and who described the be brought to the floor. tives, but also traveling with us were crushing of bones as those billy clubs In addition to the months of work some of the loftiest figures of the civil came down; people who, in the first that have been put in by my staff and rights movement. person, described in such vivid detail, others on these discussions last year, These included our colleague, Con- that had such a tremendous impact we had an additional 90 days since the gressman JOHN LEWIS, who, by the way, when you hear it. It is difficult for me winter recess, and I am prepared to graciously organizes this trip each year to find just the right words to express have talks go on for another 30 days for his colleagues. This is the first time the power of standing shoulder to through the end of March. But at some he specifically put it together for the shoulder with people who actually point, talking must end. As I made Senate, but also traveling with us or crossed the bridge at the time, that clear last fall, I am committed to speaking to us as we were in Alabama bridge that almost 40 years ago was bringing a bill to the floor by the end and Tennessee were the real civil faced with the threatening opposition of March. rights giants, people such as Dorothy standing before them. Victims are still going uncompen- Cotton; Bernard LaFayette, who I had We later visited the Birmingham Six- sated. Companies are still going bank- the opportunity to get to know over teenth Street Baptist Church where rupt, and the economy is still being un- the years, he is a close friend of a phy- four young girls perished on that vi- necessarily burdened. sician friend, Dr. Karl VanDevender cious Sunday morning bomb attack— The minority leader, as well as Sen- from Nashville; Diane Nash, who again, talking to other people who ator LEAHY, Senator DODD and other played a prominent role in the non- were in the church that morning when Democratic Members have made clear violence movement, much of which that bomb went off, taking the lives of to me their interest in working toward originated in Tennessee; Johnnie Carr; those four young girls. consensus legislation. Attorney Chestnut, whose vivid words We walked through Kelly Ingram I ask all participants in the process are starkly ringing in my mind even as Park where Bull Connor unleashed to work during these remaining days to I stand here; Bob Mants, and the list dogs and fire hoses on schoolchildren. bring these discussions to a close and goes on—people who were there, people And on Sunday we entered the Nash- to reach consensus on the remaining who participated through the late 1950s ville First Baptist Church where the nonviolence movement’s young heroes outstanding issues. and early 1960s in the civil rights and I am not interested in forcing a vote nonviolence movement. studied and learned and where we on this bill. But the victims and the I say to them and take this oppor- heard accurately described the role- playing of nonviolence which ulti- workers who are being hurt by these tunity, something I have told each one mately played out just a few weeks and delays deserve closure. They deserve a personally, to publicly thank them for a few months later in the historic bill that puts an end to this ongoing their service to our country, for their lunch counter sit-ins in Nashville. The crisis. I will begin floor action on an willingness to face violence and intimi- role-playing, the studying, the cur- asbestos bill either the last week of dation directly, to face injustice and to riculum, the discipline, was all around March or the first week in April. face oppression, and to face all of this a movement of nonviolence which Again, I will begin floor action on an with bravery and to face it with love characterized so much of the subse- asbestos bill either the last week of and caring and compassion. It was this quent Civil Rights Act in the late 1950s March or the first week in April. juxtaposition of one facing the other and early 1960s. We met many of the There is no perfect solution to the that ultimately had the impact of participants who were at the historic current asbestos litigation crisis. But transforming America. Indeed, it led to lunch counter sit-ins in Nashville, sit- it is clear that maintaining the status a great awakening that continues to ins that peacefully transformed Nash- quo is simply unacceptable. We must reverberate through history. I also thank these remarkable indi- ville, TN, over a period of weeks and not let this historic opportunity to then months, sit-ins that started at the enact fair and meaningful reform pass viduals for sharing their hearts over this 3-day period, of sharing their faith, lunch counters and subsequently a few in order to pursue a perfect solution months later moved to the movie thea- sharing their spirituality, and sharing that is unachievable. The time has ters. their stories with us for these intense come for the Senate to fashion the We walked in the footsteps of giants, right solution for one of the most sessions over Friday, Saturday, and and we came closer thereby to knowing pressing issues facing us, facing our Sunday. I speak for my colleagues. them as men and women. economy, and facing this Nation today. Again, 10 Senators is 10 percent of the I relate all this because it is also f Senators in this body participating in clear to me that the movement is not this pilgrimage in some shape or form. BLACK HISTORY MONTH over. So much has changed. We heard I speak for all of them when I say that it again and again, so much has Mr. FRIST. Mr. President, I will we thank the participants from the changed in a very short period of time, make a few comments in respect to the civil rights movement who spoke to us, but the great hope of that movement closing days of Black History Month, who spent time with us, and left us has yet to be realized; that is, full the month of February. profoundly inspired. equality not only before the law but in Two weeks ago, I had the opportunity We began our trip in Montgomery, the lives of every single citizen. to take a truly extraordinary journey AL, visiting the Montgomery bus stop Immediately you relate it to the sort with Members of the Senate and House where Rosa Parks said no to moving to of things we do in the Senate, to create Members. I use the word ‘‘journey’’ be- the back of the bus. We marched over an environment that equality is not cause this trip was not only to a geo- the Edmund Pettus Bridge where—you just before the law but in the lives of graphic destination, not only a place to read about it and you study it and you every citizen. That means equal edu- which we traveled but, indeed, was in hear where, as they marched over the cation. It means no child left behind. It many ways an emotional and a spir- bridge they were trampled by horses means equal opportunity to live the itual voyage that touched—I know me and were beaten with billy clubs and American dream. It means equal treat- and, in talking to my colleagues, were sprayed with tear gas just for the ment at the doctor’s office. It means them—in very deep and meaningful audacity of seeking their constitu- equal consideration by the mortgage ways. tional right to vote. You read about it lender. It means equal opportunities to It was 2 weeks ago Friday that we de- and you hear about it and you see it in climb that economic ladder and to parted from Washington. This journey some little clips, but actually being open the doors to higher learning. was one I had the honor of leading. It there, that physical presence, that As we celebrate Black History was a bipartisan delegation. Ten Sen- physical sense of time and space that Month, as we look forward to the 50th ators participated at some time over we were given 2 weeks ago, really cap- anniversary of Brown v. Board of Edu- the course of those 3 days on this civil tures the full picture as much as one cation, we must remember that, yes,

VerDate jul 14 2003 23:43 Feb 27, 2004 Jkt 029060 PO 00000 Frm 00030 Fmt 4637 Sfmt 0634 E:\CR\FM\G27FE6.093 S27PT1 February 27, 2004 CONGRESSIONAL RECORD — SENATE S1883 yes, we have come a long, long way, conversations with former Congress- is what this Commission was created to but there are still many miles to go. man Hamilton and Governor Keane. As investigate, and then advise us how to In his historic speech following the we understand from our conversations avoid. march to Selma, the great Dr. King with them, they are scheduled to meet There never should have been on the told his fellow freedom marchers and, I with the Speaker on Tuesday, this question of the search for truth about should add, generations to follow: coming Tuesday, and that their chief of September 11 a time deadline which We must come to see that the end we seek staff, the general counsel of the Com- the Commission itself believed was too is a society at peace with itself, a society mission, has been assured by the chief short to complete their work. I think that can live with its conscience. And that of staff of the Speaker that at that we have now opened a path—a door—to will be a day not of the white man, not of the give it the time it needs to complete black man. That will be the day of man as time the Speaker will agree to an addi- man. tional 30 days in addition to the 60 days its work, which is going to be critical I would like to close with a wonderful that the Commission will need to oper- to us as we continue to protect the se- account that I think does underscore ate, and will be then given an addi- curity of the American people at home. the universality and great achievement tional 30 days in which to wrap up their Again, I thank everybody for being of the civil rights movement. It also report. That is satisfactory to Con- part of it. underscores the truth that all it takes gressman Hamilton and Governor Once again, it reminds me of the is one person and one act of courage to Keane. Both of them have personally truth of what I said a short while ago. inspire millions. assured me that is satisfactory to It is good to be back in the Senate The following is an account by the them. They will be proceeding on the where sometimes it takes a little historian Douglas Brinkley. The year assumption that they will receive an longer but good things actually get is 1990. Nelson Mandela is arriving in additional 30 days, as well as the 60-day done. This is one of them. Detroit, MI, where Rosa Parks awaits extension. I thank my colleagues, and I thank on the tarmac. The passage reads: I hope, as a result of this, that the my friend from Arizona. He is a great ‘‘He won’t know me,’’ Parks kept repeat- House will take up and pass the bill re- and principled fighter for what is right. ing, embarrassed that she had come. ported out of the Senate Intelligence The majority leader is bipartisan. Moments later the airplane’s door opened Committee which the Senate majority I thank the Chair. and Nelson Mandela accompanied by his leader had approved by a voice vote I yield the floor. then-wife Winnie appeared to the enthusi- earlier today. It seems to me that is The PRESIDENT pro tempore. The astic crowd, shouting ‘‘Viva Nelson!’’ and Senator from Nevada. ‘‘Amandala!’’ the Swahili word for power. the most reasonable resolution. Slowly he made his way down the steps and I thank the majority leader again for Mr. REID. Mr. President, I want to toward the receiving line. Suddenly he froze, his patience and hard work in this ef- say on behalf of the minority leader staring openmouthed in wonder. Tears filled fort, including visits over on the other that we certainly thank Senator his eyes as he walked up to the small old side of the Capitol. He certainly per- MCCAIN and Senator LIEBERMAN for woman with her hair in two silver braids formed above and beyond. their persistence in accomplishing crossed atop her head. May I finally say I believe that the something that is important. And in a low, melodious tone, Nelson Commission will now receive an addi- I extend my appreciation to the ma- Mandela began to chant, ‘‘Ro-sa Parks. Ro- jority leader for his patience. His job is sa Parks. Ro-sa Parks,’’ until his voice tional 60 days of work plus 30 days to crescendoed into a rapturous shout, ‘‘Ro-sa wrap up, and hopefully this issue will a difficult job. He has 99 of us to put up Parks!’’ be resolved. with. Even though we are the most rea- Then the two brave old souls, their lives so I thank my friend from Connecticut sonable people in the world most of the distant yet their dreams so close, fell into who has always done such great work. time, once in a while it happens that each other’s arms, rocking back and forth in I yield the floor. we are not, and that makes his life a long, joyful embrace. And in that poignant, The PRESIDENT pro tempore. The more difficult. Having been involved in redemptive moment, the enduring dignity of Senator from Connecticut. working with leaders for a while now, I the undaunted afforded mankind rare proof Mr. LIEBERMAN. Mr. President, of its own progress. appreciate his patience. It is an admi- very briefly, let me join the Senator rable quality. Mr. President, I suggest the absence from Arizona in thanking the majority Having worked with the very patient of a quorum. leader, the Senator from Nevada, and The PRESIDENT pro tempore. The Senator LIEBERMAN since he came to our colleagues for working together. clerk will call the roll. the Senate, I have such great admira- The assistant journal clerk proceeded We have, in fact, in the words of Scrip- tion for him. I am personally dis- to call the roll. ture, ‘‘reasoned together,’’ have we appointed that it didn’t work out bet- Mr. MCCAIN. Mr. President, I ask not? It may have taken longer than it ter for him on the campaign trail. But unanimous consent that the order for should have, which is not unusual for we are really happy to have him back. the quorum call be rescinded. the Congress, but we have reached a He is such a great addition to the Sen- The PRESIDENT pro tempore. With- just result. I am grateful to the Speak- ate. out objection, it is so ordered. er for having agreed to the extension of My friend from Arizona is one peg the deadline during which the Commis- f ahead of me in seniority. I am No. 1778 sion investigating September 11 will and he is No. 1777 as far as the number THE HIGHWAY BILL AND 9/11 have to report by the 2 months that the of Senators coming here. Senator COMMISSION EXTENSION Commission itself, the bipartisan Com- MCCAIN is a unique individual. Every Mr. MCCAIN. Mr. President, in re- mission, requested and now having ap- day, serving with him is an experience. gards to the issue which has been hold- parently indicated to at least staff of The vast majority of those experiences ing up the proceedings of the Senate, the Commission that he is prepared, in are extremely good. that is the extension of the highway addition to the 2-month extension for (Laughter.) bill and the issue tied to it, which is the report to be completed, to have an The PRESIDENT pro tempore. The the charter of the 9/11 Commission additional 30 days for a winddown pe- majority leader is recognized. chaired by Governor Keane and former riod. But this will be worked out in de- Mr. FRIST. It is an experience, Mr. Congressman Lee Hamilton, we have tail. President. been in extensive discussions all day As Senator MCCAIN said, the easiest f long. I would like to begin by thanking way to do this is the way we all started TRANSPORTATION, TREASURY, the majority leader as well as the Sen- today, which was with the Senate bill AND INDEPENDENT AGENCIES ator from Nevada for their patience, adopted that, in fact, does this 2-month APPROPRIATIONS ACT, 2004 but also their involvement in trying to extension for the report, 30 days for help bring about a resolution to this winding down of the Commission. TECHNICAL CORRECTION TO PUBLIC LAW 108–199 issue. They have certainly done every- The basic principle is the enormity of Mr. STEVENS. Mr. President, I and thing in their power. what happened, the horror of what hap- my colleagues would like to engage my The upshot of it is that the Senator pened on September 11, 2001, that none friend, the majority leader, in a col- from Connecticut and I have been in of us want to ever happen again. That loquy regarding a necessary change

VerDate jul 14 2003 23:43 Feb 27, 2004 Jkt 029060 PO 00000 Frm 00031 Fmt 4637 Sfmt 0634 E:\CR\FM\G27FE6.095 S27PT1 S1884 CONGRESSIONAL RECORD — SENATE February 27, 2004 that must be made to the Transpor- leagues as well as with the House lead- and contributions made by African tation, Treasury, and Independent ership to ensure that the necessary Americans. Agencies Appropriations Act for Fiscal technical correction is incorporated in As a result of promoting our Nation’s Year 2004. This change pertains to the a legislative vehicle that the President history of diversity, and advancing tol- administration of the Federal Aid will sign in the very near future. I erance and civil rights, this week was Highway Program and corrects a tech- share their hope that this can be ac- extended into a month in 1976. nical drafting error in the original bill. complished prior to the expiration of Today, Black History Month serves This technical correction must be en- the short term highway extension bill as more than just a reminder of Afri- acted soon so as not to create unneces- that we will be adopting today. can American culture. It serves as a re- sary confusion as to how the program Mr. BOND. Mr. President, I have the minder of how far America has come in is to be administered. pleasure of serving both as chairman of the areas of tolerance, civil rights, and It was my expectation and that of the Transportation and Infrastructure diversity and far we have yet to go. several of my colleagues that this tech- Subcommittee of the Environment and Black History Month conjures up fa- nical correction would be included as Public Works Committee and a mem- miliar heroes for all of us: Rosa Parks part of the temporary extension bill ber of the Transportation/Treasury Ap- and her legendary defiance; Dr. Martin that was to be adopted today to extend propriations Committee. I want to join Luther King, Jr. and his historic lead- the Federal Aid Highway Program for with my colleagues on the Appropria- ership; Supreme Court Justice an additional 2 months. However, since tions Committee in emphasizing the Thurgood Marshall and his equitable it is the desire of the majority leader urgency of adopting this technical cor- judgment. to have the Senate pass the House- rection as soon as possible. I also want There are also inventors and physi- passed bill that was adopted last to join with the majority leader and cians who may be less familiar to some evening, we are not in a position to commit myself to seeing to it that this of us: Granville Woods, who was grant- have the technical correction included correction is enacted into law in the ed more than 60 patents for inventions in the bill at this time. It is essential next few weeks. including steam-driven engines and a that this correction be enacted into Mr. REID. I serve as the ranking telephone transmitter; and Dr. Charles law at the earliest possible date. It member of Transportation and Infra- Drew, a medical professor at Howard must be enacted into law during the structure Subcommittee and I, like University who, among other things, next few weeks so that the intent of Chairman BOND, also serve on the developed a way to extend the storage the appropriations act can be carried Transportation/Treasury Appropria- life of blood from two days to 1 week. out as intended. tions Subcommittee. In both of those Interestingly, Elijah McCoy, the de- Mr. BYRD. I share the concern of my capacities, I want to commit myself to veloper of the locomotive lubricator, is chairman, Senator STEVENS, on this getting this important technical cor- responsible for one of the most familiar matter and join with him in insisting rection enacted into law at the earliest expressions in the English language. that the Senate attend to this matter possible date. Mr. McCoy, in an attempt to promote on a legislative vehicle that will be en- f his product, coined a catchy slogan to acted into law very soon. This matter remind railroad engineers that his is of the utmost urgency, if we are not SURFACE TRANSPORTATION original invention was the best: ‘‘The to create confusion at the Federal EXTENSION ACT OF 2004 Real McCoy.’’ Highway Administration as to how this Mr. FRIST. Mr. President, I ask These are just some of our national program is to be implemented. unanimous consent that the Senate heroes and heroines who achieved so- Mr. SHELBY. As the chairman of the now proceed to the consideration of cial, political, economic, and scientific Transportation, Treasury and General H.R. 3850, the highway program exten- goals. By reaching their own goals, Government Appropriations Sub- sion bill, which is at the desk. I further they also contributed their strength committee, I, too, wish to echo the ad- ask unanimous consent that the bill be and innovation to the collective Amer- amant view of Chairman STEVENS that read a third time and passed, and the ican thought. this provision must be enacted into law motion to reconsider be laid upon the While the southern United States is in the next few weeks. table. the birthplace of many significant Mrs. MURRAY. As the ranking mem- The PRESIDENT pro tempore. Is achievements in African American his- ber of the Appropriations Sub- there objection? tory, there are also accomplishments committee on Transportation, Treas- Without objection, it is so ordered. of note in western States, including my ury and General Government, I also The bill (H.R. 3850) was read a third native Nevada. must insist that this technical correc- time and passed. Among the African American men tion be adopted immediately. The pro- Mr. FRIST. Mr. President, before and women who hailed from or made vision in question simply ensures that making further remarks, I wanted to significant contributions to Nevada, the program will be administered in make sure that was done. there are a few pioneers I want to in- the same manner as it has been in pre- As we started about 7 hours ago, we troduce to you. vious years. It must be enacted into had two issues. One was the extension At a time when black people were not law at the earliest possible date. which we passed. invited to participate in the political Mr. FRIST. I thank my colleagues There have been a lot of people over process or the business world, there for bringing this matter to my atten- the course of the day who have won- was a group of ranchers in Nevada who tion. As the bipartisan leaders of the dered whether they were going to get thought differently. full Appropriations Committee and its paychecks on Monday and whether Ben Palmer, who was noted as ‘‘one Transportation Subcommittee, they they would show up for work on Mon- of the heaviest taxpayers in Douglas have all been unified and consistent in day. After all of this, we have settled County,’’ was a hugely successful their view as to the legislative intent pretty much both issues in terms of rancher and businessman. of the 2004 appropriations act. They moving forward. The highway exten- This may seem commonplace today. have been equally unified in their in- sion has just been passed. So for those But at the time when he was pros- sistence that this matter be fixed as people who were on furlough and won- pering, blacks couldn’t even vote, serve quickly as possible. dering what was going on today, they on a jury, testify against whites, send Given the fact that the other body are going to be OK on Monday. their children to public school, or has now adjourned, we are required to f marry whites. pass a bill without this technical cor- Mr. Palmer lived in Carson Valley, rection in order to keep the highway BLACK HISTORY MONTH NE, which is not only one of the most program operating beyond its expira- Mr. REID. Mr. President, in 1926, his- beautiful parts of the State, but also tion date of this Sunday, February 29. torian Carter G. Woodson designated served as an early route for the migra- I give my personal assurance to my the second week of February as ‘‘Negro tion to California. colleagues that, in the coming few History Week,’’ an opportunity for It didn’t take long for him and his weeks, I will work with my Senate col- America to recognize the achievements sister to deduce that, by establishing

VerDate jul 14 2003 23:43 Feb 27, 2004 Jkt 029060 PO 00000 Frm 00032 Fmt 4637 Sfmt 0634 E:\CR\FM\A27FE6.027 S27PT1 February 27, 2004 CONGRESSIONAL RECORD — SENATE S1885 ranches, they could turn a profit by vada from 1868 to 1870, noted as ‘‘prob- vada’s black history is preserved and providing care for weary travelers and ably the shortest, most intense mining presented. their livestock. rush in the history of the West.’’ I am honored to share these nuggets Since there was no Federal authority In April 1869, a group of black min- of Nevada history on behalf of the Afri- over much of the land at that time, ers, headed by William Hall and J.C. can Americans who helped establish ranchers used to just claim a spot of Mortimer, announced their discovery the great Silver State, and in honor of land and water rights; then they would of a rich mining ledge in Treasure Hill Black History Month. start to sell grazing rights to emi- and vowed that they would ‘‘supply Mr. LAUTENBERG. Mr. President, grants and cut grass to provide feed (their) colored brethren of the low for the past month, we have been cele- during the winter. countries with mines as good as any a brating Black History Month. By the 1870’s, Palmer had established white man dare own.’’ I believe that Black History Month is himself as a prosperous cattleman. It Messrs. Hall and Mortimer incor- not only a time to recognize the con- was reported in the Carson Valley porated the Elevator Mining Company tributions and achievements of African News that he had driven 1,500 head of of Treasure Hill, White Pine, and Americans to this Nation, but it is also cattle from Seattle to Carson Valley to planned to issue 6,000 shares of stock at a time to acknowledge both progress replenish his herd. He also introduced $100 each. African Americans have made and the fine horses into the Valley, pioneering Treasure Hill was an economic ad- continued racial disparities in this Na- locally with the Bonner breed. vance for blacks and the area was home tion. Despite the legal restrictions facing to several wealthy families: Samuel We usually celebrate African-Amer- African Americans during this time, Wilcox, Daniel W. Cherry, John Max- ican athletes, musicians, and actors. Palmer was so highly regarded that he well, Sanford Venery, and Joseph An- While their successes have been signifi- was invited to register to vote in the derson. cant, I feel it is important that we ac- Mottsville precinct before the 15th After fires and poor prospects drove knowledge some of the great thinkers, Amendment to the Constitution was many residents out, Treasure Hill was inventors, and discoverers who were passed. left with only one black resident and African American. It is recorded that in 1876 and 1878, he only eight black residents in White Some of the great pioneers include was selected to be a member of a Doug- Pine County. Dr. Charles Drew, who discovered the las County grand jury, and was named Another mining district, the Com- process for storing blood plasma; Gar- to the panel of trial jurors for that stock Mining District, was founded in rett Morgan, who was the first to pat- year’s term of the District Court. 1859 and was once considered to be one ent the traffic light and the gas mask; When the residents of Carson Valley of the richest gold and silver discov- Granville T. Woods, who invented a launched a short-lived political organi- eries in history. train-to-station communication sys- zation, the National Greenback and Blacks who had come to Virginia tem; Astronaut Mae Jamison, the first Workingmen’s Party, a county central City in hopes of securing jobs in the in- African-American woman to enter committee was selected and Ben Palm- dustry would face discrimination; how- space; Dr. Benjamin Carson, who suc- er was one of the committee members ever, when their mettle was tested, cessfully separated Siamese twins representing the Mottsville precinct. most were resolute to become business joined at the head; and Otis Boykin He couldn’t read or write, but that owners. Although there is no docu- who invented the electronic control de- didn’t stop him; he wasn’t supposed to mentation of a particular neighborhood vise for guided missiles, IBM com- vote or serve on a jury, but he did any- or area where they lived, there is a puters, and the pacemaker. way; the color of his skin was supposed scant record of the number of busi- These great innovators and pioneers to prevent him from participating in nesses they owned and operated. not only blazed the trail for other the political process, but he pressed One of the most successful businesses young African Americans to follow, but ahead. in Virginia City was the Boston Sa- they also inspired and contributed to It is no wonder that his obituary in loon. In 1864, William A.G. Brown American development and progress. the Record-Courier said that, ‘‘He met founded the Boston Saloon only a year Therefore, these pioneers were not only success in every meaning of the word after arriving from Massachusetts and great African Americans, they were and leaves one of the finest farms in initially working as a bootblack and quintessentially American. Carson Valley as a monument. He bore street polisher. During this time when our Nation’s a man’s part in the battle of life, bore The Boston Saloon catered to the military is engaged in conflicts it bravely, gently and without ostenta- Comstock black population and served throughout the world, I would like to tion. He believed in the right and prac- as a place to socialize and exchange in- acknowledge the contributions that Af- ticed the right always.’’ formation about business opportuni- rican Americans have made to every Treasure Hill and Virginia City are ties. war in American history. Today, Afri- two other areas of Nevada where Afri- Archeologists and historians discov- can Americans serve a vital part of the can Americans overcame restrictions ered the site of the Boston Saloon in troops deployed throughout the world, to find success. 1997 and quickly determined that un- including Afghanistan and Iraq. Al- The mining prospects in Nevada and covering the history behind the specific most 22 percent of the members of our other parts of the West attracted peo- characteristics of the saloon and its pa- enlisted armed services are African- ple from all races and walks of life in trons would help reveal an important American. search of gold. chapter of African American history in Despite all of these important ac- Black people came to Nevada in the early west. complishments, African Americans hopes of securing mining jobs and find- Ranchers, frontiersmen, miners, busi- have yet to enjoy true racial equality ing prosperity for themselves. Unfortu- ness owners—all success stories during in this Nation. And, in the absence of nately, most mines would not hire a time when success was discouraged or real equality, African Americans are blacks, as some whites quipped that denied by ignorance and discrimina- being denied the essence of what it they would be too ignorant to tell one tion. means to be a first-class American. rock from another. These are just a handful of the Afri- Statistics are the clearest barometer This discriminatory perspective may can Americans who made important for determining and measuring the explain why there were only six black contributions toward the early estab- quality of life in American society and people recorded as official miners in lishment of Nevada and the early West. far too many of them reveal that Afri- Nevada in 1870. Another reason for Countless others have gone unnoticed can Americans continue to lag behind their widespread absence from the min- or uncelebrated. whites in important ways. ing industry may be their exclusion I commend Dr. Elmer Rusco of Reno In January 2004, the national unemploy- from unions. for his tireless leadership in attempt- ment rate was 5.6 percent overall but just 4.9 Despite these obstacles, African ing to chronicle the contributions of percent for white Americans while it was 10.5 Americans had considerable success African Americans in Nevada. It is due percent—more than twice as high—for Afri- mining in Treasure Hill in eastern Ne- to his scholarship that much of Ne- can Americans.

VerDate jul 14 2003 23:43 Feb 27, 2004 Jkt 029060 PO 00000 Frm 00033 Fmt 4637 Sfmt 0634 E:\CR\FM\G27FE6.076 S27PT1 S1886 CONGRESSIONAL RECORD — SENATE February 27, 2004 The national poverty rate rose, for the sec- This celebratory month was made died at her home in Battle Creek, No- ond straight year, to 12.1 percent in 2002, possible by Dr. Carter G. Woodson, an vember 26, 1883, having lived quite an from 11.7 percent the year before. In 2002, the African-American studies scholar, who extraordinary life. national poverty rate for African Americans proposed such a recognition as a way of I ask unanimous consent that the was 22.7 percent. In 1999, median income for African Ameri- preserving African-American history. text of the Sojourner Truth ‘‘Ain’t I a cans was $31,778, compared to $51,244, for the In keeping with the spirit and vision of Woman’’ speech be printed in the median income of white families. According Dr. Carter G. Woodson, I would like to RECORD. to one report, in 1995, average white house- pay tribute to one courageous woman, There being no objection, the mate- holds had $18,000 in financial wealth, while Sojourner Truth, who lived and died in rial was ordered to be printed in the African-American households possessed a Battle Creek, MI, and who played a sig- RECORD, as follows: total of only $200. nificant role in addressing injustice AIN’T I A WOMAN? These statistics show the depth of ra- and inequality in America. Sojourner (By Sojourner Truth) cial inequality in America. In addition Truth was a leader in the abolitionist Well, children, where there is so much to economic disparities, the incarcer- movement and a powerful voice in the racket there must be something out of kil- ation rate of African Americans, espe- women’s suffrage movement, playing a ter. I think that ’twixt the negroes of the cially African-American males, is deep- pivotal role in ensuring the right of all South and the women at the North, all talk- ly disturbing. women to vote. Sojourner Truth ing about rights, the white men will be in a Today, black men make up 41 percent of changed the course of history. fix pretty soon. But what’s all this here talk- the inmates in Federal, State, and local pris- Sojourner Truth was unable to read ing about? ons, but black men are only 4 percent of all or write, but she mesmerized others by That man over there says women need to students in American institutions of higher be helped into carriages, and lifted over her speeches addressing the inhu- ditches and to have the best place every- education, according to the Journal of manity and immorality of slavery. In Blacks in Higher Education, autumn 2003. where. Nobody ever helps me into carriages, According to a recent study, while African 1851, Sojourner delivered her famous or over mud puddles, or gets me any best Americans are 13 percent of the population ‘‘Ain’t I a Woman?’’ speech at the place! of my home State of New Jersey, they rep- Women’s Convention in Akron, OH. And Ain’t I a Woman? resent a staggering 63 percent of New Jer- She spoke from her heart about the Look at me! Look at my arm! I have sey’s 27,891 State prisoners in 2002. most troubling issues of her time. Her ploughed, and planted, and gathered into About 10 percent of all black men between words on that day in Ohio are a testa- barns, and no man could head me! 25 and 29 were incarcerated in 2002, compared And Ain’t I a Woman? ment to Sojourner Truth’s convictions I could work as much and eat as much as with 1.2 percent of white men and 2.4 percent and are a part of the great legacy she of Hispanic men a man—when I could get it—and bear the left for us all. lash as well! Not only are African Americans im- I am proud and the people of my And Ain’t I a Woman? prisoned in disproportionately high State are proud to claim this legendary I have borne five children and seen most numbers, they are disproportionately leader as our own. In September 1999, all sold off to slavery, and when I cried out the victims of crimes, as well. In New we honored Sojourner Truth with the with a mother’s grief, none but Jesus heard Jersey, out of 341 total homicides by dedication of the Sojourner Truth Me- me. And Ain’t I a Woman? guns in 2002, 138 of those victims were morial Monument, which was unveiled African American. In 2000, more than Then they talk about this thing in the in Battle Creek, MI. head; what’s this they call it? (member of 6,200 African Americans were killed by Sojourner Truth was a political and the audience whispers ‘intellect’) That’s it, guns. In the 15 to 24 age group, firearm social activist who personally con- honey. homicides were responsible for more versed with President Abraham Lin- What’s that got to do with women’s right than 86 percent of homicides suffered coln on behalf of freed, unemployed or negroes’ rights? If my cup won’t hold but by African Americans. In the next age slaves, and campaigned for Ulysses S. a pint, and your holds a quart, wouldn’t you group up, 25 to 34, firearm homicides Grant in the Presidential election in be mean not to let me have my little half were more than 81 percent of homi- 1868. Sojourner was a woman of great measure full? cides. In both cases firearm homicides Then that little man in black there, he passion and determination who was says women can’t have as much rights as were the number one cause of death for spiritually motivated to preach and men, cause Christ wasn’t a women? African Americans. The homicide vic- teach in ways that have had a profound Where did your Christ come from? Where tim rate for African Americans, 20.5 and lasting imprint on American his- did your Christ come from? From God and a per 100,000 persons, is over six times tory. woman! Man had nothing to do with Him. that of whites, 3.3 per 100,000 persons. Sojourner Truth was born Isabella If the first woman God ever made was I highlight these statistics about our Baumfree in 1797 in Ulster County, NY, strong enough to turn the world upside down Nation and my home State because the and served as a slave under several dif- all alone, these women together ought to be problems confronting the African- able to turn it back, and get it right side up ferent masters. She bore four children again! And now they is asking to do it, the American community are in New Jer- who survived infancy, and all except men better let them. sey, and they are in every State. We all one daughter were sold into slavery. Obliged to you for hearing me, and now old bear responsibility to acknowledge Baumfree became a freed slave in 1828 Sojourner ain’t got nothing more to say. them, to confront them, to help rem- when New York State outlawed slav- f edy them. ery. She remained in New York and in- There are no easy answers to the stituted successful legal proceedings to FIRST ANNIVERSARY OF THE DE- problems African Americans face, but secure the return of her son, Peter, who PARTMENT OF HOMELAND SECU- as Theodore Roosevelt put it a century had been illegally sold to a slave-owner RITY ago, ‘‘This country will not be a really from Alabama. Ms. COLLINS. Mr. President, it has good place for any of us to live in if it In 1843, Baumfree changed her name been nearly 21⁄2 years since a monstrous is not a really good place for all of us to Sojourner Truth and dedicated her act of war was committed against the to live in.’’ So while we take this op- life to traveling and lecturing. She United States. The American people re- portunity to celebrate the wonderful began her migration west in 1850, sponded to the attacks of September 11 accomplishments of African Americans where she shared the stage with other with courage—courage that was evi- through the ages, we should also re- abolitionist leaders such as Frederick dent that horrible day in the heroic ac- dedicate ourselves to making America Douglass. In October 1856, Truth came tions of the passengers on Flight 93, in a really good place for all of us to live to Battle Creek, MI, with Quaker lead- the firefighters and police officers at in. er Henry Willis to speak at a Friends of Ground Zero, and in the Pentagon em- Mr. LEVIN. Mr. President, every Human Progress meeting. She eventu- ployees who led their co-workers to February nationwide we celebrate the ally bought a house and settled in the safety through fire, smoke, and rubble. diverse and monumental contributions area. Her antislavery, women’s rights, That courage is evident today in the African Americans have made not only and temperance arguments brought men and women of our Armed Forces for the advancement of African Ameri- Battle Creek both regional and na- on the front lines in the war on ter- cans but for all people of our Nation. tional recognition. Sojourner Truth rorism and in the ordinary Americans

VerDate jul 14 2003 23:43 Feb 27, 2004 Jkt 029060 PO 00000 Frm 00034 Fmt 4637 Sfmt 0634 E:\CR\FM\G27FE6.078 S27PT1 February 27, 2004 CONGRESSIONAL RECORD — SENATE S1887 across the country who carry on nor- Of course, challenges lie ahead for will continue to provide the depart- mal, productive lives, refusing to be this new agency, for the President and ment with the authority it needs to terrorized by terrorism. for this Congress. As we change, so protect our Nation, and we will con- President Bush and Congress re- does our enemy. As we address tinue our aggressive oversight of its sponded by recognizing that this was a vulnerabilities, he seeks out new ones programs and activities. At times, we different kind of war with a different to exploit. As we move to protect our may disagree with the department, but kind of enemy. Together we saw that most high-profile targets in our major our goal is always to improve the de- this enemy used as a weapon the free- cities, we must always be aware that partment and to recognize the extraor- dom and openness that Americans our small cities, towns and countryside dinary progress made by Secretary cherish but that it despises. We real- are at risk as well. As we improve secu- Ridge and Deputy Security Loy, their ized that our efforts to defend our Na- rity at our borders, we must strive to talented leadership team, and the dedi- tion against this unconventional and keep them open to friendship and to cated men and women in the depart- unprincipled enemy were hampered by commerce. As we defend our Nation ment who work each and every day to the lack of a unified strategy. To re- against future attacks, we must never strengthen our security. visit a phrase used so often in the sacrifice the liberty that makes our f aftermath of September 11, we were not Nation so worthy of being defended. connecting the dots. We knew that turf In an address given February 23 be- PRYOR RECESS APPOINTMENT battles, communication gaps, and fore the Homeland Security Institute, Mr. LEAHY. Mr. President, during interagency rivalries could no longer Secretary Ridge offered a first anniver- the Presidents Day break in the Senate be tolerated. The stakes were too high. sary assessment of his department’s ac- session, President Bush chose to act The Department of Homeland Secu- complishments. He charted an ambi- unilaterally to appoint William Pryor rity is perhaps the most significant tious but necessary course for its sec- to the Eleventh Circuit Court of Ap- manifestation of the efforts under- ond year, and he described his vision peals. Over the past few weeks, I have taken by the President and Congress to for the years ahead. shared with the Senate three other di- create that unified strategy, to connect Secretary Ridge pledge that the de- visive developments regarding judicial those dots, to coordinate this urgent partment will pursue the development nominations: The Pickering recess ap- new mission. The Senate Committee on of new technologies to combat ter- pointment, the renomination of Claude Governmental Affairs, which I chair, rorism. Analysis tools and detection Allen, and the theft of Democratic played a key role in creating the de- equipment are keys to thwarting nu- computer files by Republican staff. In partment and is helping it to succeed. clear, chemical and biological attacks spite of all those affronts, Senate My committee swiftly confirmed before they occur. We must, as he said, Democrats cooperated in confirming eight talented and dedicated individ- button up our lab coats and push the two additional judicial nominees this uals to lead the department, including scientific envelope by forging new part- year and continue to participate in Secretary Ridge himself. We have held nerships among government, the pri- hearings for judicial nominees. We hearings and investigations on a wide vate sector, national laboratories and have done so without the kinds of range of homeland security issues, university research centers. delays and obstruction that Repub- from the President’s plan to better co- The Secretary pledged to strengthen licans relied upon to stall more than 60 ordinate intelligence analysis and information sharing among the public of President Clinton’s judicial nomi- sharing, to unraveling the tangled web and private sectors and to create nees. of international terrorism financing, to standards for communications and Today, I report upon the President’s protecting American agriculture from equipment. ‘‘Interoperability’’ is a appointment of William Pryor in what sabotage, to securing our seaports. We cumbersome word, but it is one we all the Democratic leader has properly have approved bills to reform the de- should add to our vocabularies. Only by termed an abuse of power. It was an partment’s multi-billion dollar State improving communications and ensur- abuse of the limited constitutional au- grant program, to provide cutting edge ing that equipment works across juris- thority of the executive to make nec- technology to first responders, to help dictions will our front-line defenders essary recess appointments only when the department attract talented indi- and our first responders be able to bet- the Senate is unavailable. This is un- viduals with sought-after skills, and to ter detect attacks and to coordinate precedented. ensure accountability within DHS’s fi- their efforts during an emergency. Actions like this show the American nancial system. Secretary Ridge pledged to integrate people that this White House will stop Now the department is 1 year old. our port and border security systems in at nothing to try to turn the inde- And in the span of just 1 year, the De- a way that does not impede the flow of pendent Federal judiciary into an arm partment of Homeland Security, under trade and travel across our borders, a of the Republican Party. Doing this the leadership of Secretary Tom Ridge, critical goal for border States like further erodes the White House’s credi- has made significant, even remarkable, Maine. The department’s first year pro- bility and the respect that the Amer- progress. duced much progress: screeners, air ican people have for the courts. The melding of 22 Federal agencies marshals and state-of-the-art tech- This is an administration that prom- and 180,000 employees has occurred nology have made air travel safer. ised to unite the American people but with some of the resistance we all ex- Traffic through our ports and our bor- that has chosen time and again to act pected but without the widespread turf ders, which nearly ground to a halt in ways that divides us, to disrespect battles many predicted. The level of after the attacks, is moving with the Senate and our representative de- cooperation and coordination within speed, efficiency and greater security: mocracy. This is an administration this new department, though not per- more than 500 million people, 130 mil- that squandered the goodwill and good fect, is a vast improvement over the lion motor vehicles, and millions more faith that Democrats showed in the previous, ad hoc structure. The initial railcars and containers are processed aftermath of September 11, 2001. focus upon airport security has been at our borders every year. At the same This is an administration that re- expanded to include other time, container inspection has been ex- fused to acknowledge the strides we vulnerabilities, such as seaport and panded from our own shores to 16 key made in filling 100 judicial vacancies border security. The department has overseas ports. under Democratic Senate leadership distributed billions of dollars to our Borders will always be a point of vul- during 17 difficult months in 2001 and first responders—the local and State nerability for any free society. In part- 2002, while overcoming the September emergency personnel on the front nership with the private sector and our 11 attacks, the subsequent anthrax at- lines—for the equipment, training and international allies, we can reduce that tacks and in spite of Republican mis- guidance to carry out their vital mis- vulnerability without unduly impeding treatment of scores of qualified, mod- sions. And we will continue to work the flow of legitimate commerce. erate judicial nominees of President with Secretary Ridge to ensure that a The Committee on Governmental Af- Clinton. steady stream of funding is available fairs stands ready to assist the Depart- This is an administration that has for those efforts. ment as it begins its second year. We once again demonstrated its

VerDate jul 14 2003 23:43 Feb 27, 2004 Jkt 029060 PO 00000 Frm 00035 Fmt 4637 Sfmt 0634 E:\CR\FM\A27FE6.014 S27PT1 S1888 CONGRESSIONAL RECORD — SENATE February 27, 2004 unilateralism, arrogance and intention committed and opinionated nominees change the balance of power between to divide the American people and the ever sent to the Senate. Mr. Pryor’s the Senate and the President that is Senate with its controversial judicial nomination to a lifetime appointment established as part of the fundamental nominations. With this appointment, on the Federal bench was opposed by set of checks and balances in our gov- the President is acting—as he has in so every Democrat on the Senate Judici- ernment. Indeed, the appointments many areas over the past 3 years—uni- ary Committee after hearings and de- clause in the Constitution requires the laterally, overextending and expanding bate. consent of the Senate as just such a his power, with disregard for past prac- It was opposed on the Senate floor fundamental check on the executive. tice and the rule of law. because he appears to have extreme— This was meant to protect against the The recess appointment of Mr. Pryor some might say, ‘‘radical’’—ideas ‘‘aggrandizement of one branch at the threatens both the independence of the about what the Constitution should expense of the other.’’ judiciary and the constitutional bal- provide with regard to federalism, The clause was debated at the Con- ance of power between the legislative criminal justice and the death penalty, stitutional Convention, and the final and executive branches. We entrust to violence against women, the Americans language—with shared power—is in- the stewardship of lifetime judges in with Disabilities Act, and the Govern- tended to be a check upon favoritism of our independent Federal judiciary the ment’s ability to protect the environ- the President and prevent the appoint- rights that all of us are guaranteed by ment on behalf of the American people. ment of unfit characters. our Constitution and laws. That is an He has been a crusader for the fed- The President’s claimed power to awesome responsibility. Accordingly, eralist revolution. He has urged that make a unilateral appointment of a the Constitution was designed so that Federal laws on behalf of the disabled, nominee, Mr. Pryor, who the Senate it would only be extended after the the aged, women, minorities, and the considered and effectively rejected, President and the Senate agreed on the environment all be limited. slights the Framers’ deliberate and suitability of the nomination. His comments have revealed insen- considered decision to share the ap- The President has chosen for the sec- sitivity to the barriers that disadvan- pointing power equally between the ond time in as many months to cir- taged persons and members of minority President and the Senate. cumvent this constitutional design. groups and women continue to face in This President’s appointment of Mr. I have sought in good faith to work the criminal justice system. He has Pryor to the Eleventh Circuit—after he with this administration for the last 3 testified before Congress in support of was considered by the full Senate— years in filling judicial vacancies, in- dropping a crucial part of the Voting seems irreconcilable with the original cluding so many left open by Repub- Rights Act and has repeatedly de- purpose of the appointments and recess lican obstruction of President Clinton’s scribed the Supreme Court and certain appointment clauses in the Constitu- qualified nominees. When chairman, I justices in overtly political terms. He tion. Perhaps that explains why the made sure that President Bush’s nomi- received the lowest possible qualified Pryor and Pickering recess appoint- nees were not treated the way his pred- rating from the American Bar Associa- ments by this President are the first ecessor’s had been. They were treated tion—a partial rating of ‘‘Not Quali- times in our centuries-long history much better, as I had promised. that the recess appointment power has Republicans had averaged only 37 fied’’—underscoring his unfitness for been so abused. No other President so confirmations a year while vacancies the bench. acted. No other President sought such rose from 65 to 110 and circuit vacan- In sum, Mr. Pryor has demonstrated unilateral authority without balance cies more than doubled from 16 to 33. that he is committed to an ideological from the Senate. Under Democratic leadership, we re- agenda that puts corporate interests The President chose to sully the Mar- versed those trends and opened the sys- over the public’s interests and that he tin Luther King Jr. weekend with his tem to public accountability and de- would roll back the hard-won rights of unilateral appointment of Judge Pick- bate by making home-State Senators’ consumers, minorities, women, and ering. Sadly, he chose the Presidents objections to proceeding public for the others. Day congressional break unilaterally first time and debating and voting on Mr. Pryor’s nomination was consid- to appoint Mr. Pryor. We resumed our nominations. We were able to confirm ered in committee and on the Senate proceedings in the Senate this week 100 judges in just 17 months and vir- floor. The Senate debated his nomina- tually doubled the Republican annual tion, and had enough concerns about with the traditional reading of Presi- average with 72 confirmations in 2002, his fitness for a lifetime appointment dent George Washington’s farewell ad- alone. that two motions to end debate on his dress. The Senate proceeds in this way I have urged that we work together, nomination failed. That is the con- every year. I urge this President and that we cooperate, and that the Presi- stitutional right of the Senate. those in his administration to recall dent be what he promised the Amer- But President Bush has decided to the wisdom of our first President. ican people he would be during the last use the recess appointment clause of George Washington instructs us on the campaign—a uniter and not a divider. I the Constitution to end-run the Sen- importance of not abusing the power have offered to consult and made sure ate. As far as I know, this power has each branch is given by the Constitu- we explained privately and in the pub- never been used this way before this tion. He urges the three branches of lic record why this President’s most President. Of course, this is the first our government to ‘‘confine themselves extreme and controversial nominations President in our Nation’s history to re- within their respective constitutional were unacceptable. Our efforts at rec- nominate someone rejected after hear- spheres.’’ onciliation continue to be rebuffed. ings, debate and a fair vote by the Sen- He said more than 200 years ago Both these recess appointments are ate Judiciary Committee. He did that words that ring true to this day: troubling. The President says that he twice. He has now twice overridden the The spirit of encroachment tends to con- wants judges who will ‘‘follow the law’’ Senate’s withholding of its consent solidate the powers of all the departments in and complains about what he calls ‘‘ju- after hearings and debate on judicial one, and thus to create, whatever the form of dicial activism.’’ Yet, he has acted— nominees. This demonstrates contempt government, a real despotism. . . . The ne- for the Constitution and the Senate. cessity of reciprocal checks in the exercise of with disregard for the constitutional political power, by dividing and distributing balance of powers and the Senate’s ad- The New York Times opined over the it into different depositaries, and consti- vice and consent authority—unilater- weekend about ‘‘President Bush . . . tuting each the guardian of the public weal ally to install on the Federal bench stacking the courts with right-wing against invasions by the others, has been two nominees from whom the Senate judges of dubious judicial qualifica- evinced by experiments ancient and modern. withheld its consent precisely because tions’’ and even the Washington Post . . . To preserve them must be as necessary they are seen by so many as likely to editorialized that recess appointments as to institute them. be judicial activists, who will insert of judges ‘‘should never be used to mint The current occupant of the White their personal views in decisions and judges who cannot be confirmed on House might do well to take this wis- will not follow the law. their merits.’’ dom to heart and respect the constitu- In the case of Mr. Pryor, he is among The recess appointments clause of tional allocations of shared authority the most extreme and ideologically the Constitution was not intended to that have protected our nation and our

VerDate jul 14 2003 01:07 Feb 28, 2004 Jkt 029060 PO 00000 Frm 00036 Fmt 4637 Sfmt 0634 E:\CR\FM\G27FE6.072 S27PT1 February 27, 2004 CONGRESSIONAL RECORD — SENATE S1889 rights for more than 200 years so bril- many others were prevented from hav- division and dispute. Recent Attorneys liantly and effectively. ing a hearing, from ever being consid- General have all opined that a recess of The recess appointments power was ered by the Judiciary Committee and 10 days or less does not justify the intended as a means to fill vacancies from ever being considered by the Sen- President’s use of the recess appoint- when the Senate was not available to ate. Sadly, others, such as the nomina- ments power and would be considered give its consent; it was intended to en- tions of Bonnie Campbell, Christine unconstitutional. Starting in 1921, At- sure effective functioning of the gov- Arguello, Allen Snyder, Kent Markus, torney General Daugherty advised the ernment when the Senate adjourned for Kathleen McCree Lewis, Jorge Rangel, President that he could make recess months at a time. It was never in- Carlos Moreno, and so many more, appointments during a mid-session ad- tended as an alternative means of ap- have not been reinstated and consid- journment of approximately four weeks pointment by the executive when the ered. But President Clinton did not but that 2 days was not sufficient ‘‘nor President chose to serve some partisan abuse his recess appointment power. do I think an adjournment for 5 or even short-term goal by simply overriding Instead, his appointment of Judge 10 days can be said to constitute the re- the will of the Senate especially with Gregory was in keeping with tradi- cess intended by the Constitution.’’ respect to our third branch of govern- tional practices and his use of that More recently, a memo from the ment, the Federal judiciary. power with respect to judicial appoint- Reagan administration Justice Depart- This administration and its partisan ments was limited to that one occa- ment concluded: ‘‘Under no cir- enablers in the Senate have again dem- sion. cumstances should the President at- onstrated their disdain for the con- By contrast, the current President tempt to make recess appointment dur- stitutional system of checks and bal- has made two circuit recess appoint- ing intrasession recess of less than 10 ances and for shared power among the ments in 2 months and his White House days.’’ This year, a Federalist Society three branches of our Federal Govern- threatens that more are on the way. paper noted the dubious constitu- ment. By such actions, this adminis- These appointments are from among tionality of appointments during short tration shows that it seeks all power the most controversial and contentious intrasession breaks. We will not resolve the question of consolidated in the executive and that nominations this administration has legality of these recess appointments it wants a Judiciary that will serve its sent the Senate. After reviewing their here today, but we can all anticipate narrow ideological purposes. records and debating at length, the challenges to rulings in which Mr. Such overreaching by this adminis- Senate withheld its consent. The rea- tration hurts the courts and the coun- Pryor participates. Thus, we can ex- sons for opposing these nominations pect this audacious action by the ad- try. President Bush and his partisans were discussed in hearings and open de- have disrespected the Senate, its con- ministration will serve to spawn litiga- bate during which the case was made tion and uncertainty for months and stitutional role of advice and consent that these nominees were among the years to come. on lifetime appointments to the Fed- handful that a significant number of I thank the Democratic leader for the eral courts, the Federal courts, and the Senators determined had not dem- statements he made this week in con- representative democracy that is so onstrated their fairness and impar- nection with the abuse of the recess ap- important to the American people. It is tiality to serve as judges. pointment power by this President. I indicative of the confrontational and Contrast Roger Gregory’s recess ap- remind the Senate that a few years ago ‘‘by any means necessary’’ attitude pointment, which fit squarely in the when President Clinton used his recess that underlies so many actions by this tradition of President’s exercising such appointment power with regard to a administration and that created the at- authority in order to expand civil short-term executive appointment of mosphere on this Committee in which rights and to bring diversity to the James Hormel to serve as ambassador Republican staff felt justified in spying courts, with that of Mr. PRYOR. Four of to Luxembourg, Senator INHOFE re- upon their counterparts and stealing the five first African American appel- sponded by saying that President Clin- computer files. late judges were recess-appointed to ton had ‘‘shown contempt for Congress After 8 years in office in which more their first Article III position, includ- and the Constitution’’ and declared than 60 judicial nominees had been ing Judge William Hastie in 1949, Judge that he would place ‘‘holds on every stalled from consideration by Repub- Thurgood Marshall in 1961, Judge single Presidential nomination.’’ Re- lican partisans, President Clinton Spottswood Robinson in 1961, and publicans continued to block nomina- made his one and only recess appoint- Judge Leon Higginbotham in 1964. tions until President Clinton agreed to ment of a judge. Contrast that appoint- The recent appointments of Judge make recess appointments only after ment with the actions of the current Pickering and Mr. Pryor stand in sharp Congress was notified in advance. On President. contrast to these outstanding nomi- November 10, 1999, 17 Republican Sen- President Clinton acted to bring di- nees and the public purposes served by ators sent a letter to President Clinton versity to the Fourth Circuit, the last their appointments. telling him that if he violated the Federal circuit court not to have had The nominations of Judge Pickering agreement, they would ‘‘put holds for an African-American member. Judge and Mr. Pryor were opposed by individ- the remaining of the term of your Pres- Roger Gregory was subsequently ap- uals, organizations and editorial pages idency on all of the judicial nominees.’’ proved by the Senate for a lifetime ap- across the nation. Organizations and In November 1999, President Clinton pointment under Democratic Senate individuals concerned about justice be- sent a list of 13 positions to the Senate leadership in the summer of 2001. This fore the Federal courts, such as Log that he planned to fill through recess was made possible by the steadfast sup- Cabin Republicans, the Leadership appointments. In response, Senator port of Senator John Warner, the sen- Conference on Civil Rights, and many INHOFE denounced 5 of the 13 civilian ior Senator from Virginia, and I have others opposed the Pryor nomination. nominees with a threat that if they commended my friend for his actions in The opposition extended to include or- went forward, he would personally this regard. When Judge Gregory’s ganizations that rarely take positions place a hold on every one of President nomination was finally considered by on nominations but felt so strongly Clinton’s judicial nominees for the re- the Senate it passed by consensus and about Mr. Pryor that they were com- mainder of his term. That led to more with only one negative vote. Senator pelled to write, such as the National delays and to the need for a floor vote LOTT explained his vote as a protest Senior Citizens Law Center, Anti-Defa- on a motion to proceed to consider the vote against President Clinton’s use of mation League, and Sierra Club. Rath- next judicial nomination, in order to the recess appointment power. How er than bring people together and move override Republican objections. ironic then that Judge Pickering now the country forward, this President’s When President Clinton appointed serves based on President Bush’s abuse recess appointment is another example Judge Gregory at the end of 2000, Sen- of that power. of unnecessarily divisive action. ator INHOFE called it ‘‘outrageously in- Judge Gregory was one of scores of Further, the legality of this use of appropriate for any President to fill a highly qualified judicial nominations the recess appointments power, with- federal judgeship through a recess ap- stalled under Republican Senate lead- out precedent and during such a short pointment in a deliberate way to by- ership. Indeed, Judge Gregory and so Senate break, is itself now a source of pass the Senate.’’ When the Gregory

VerDate jul 14 2003 23:43 Feb 27, 2004 Jkt 029060 PO 00000 Frm 00037 Fmt 4637 Sfmt 0634 E:\CR\FM\G27FE6.074 S27PT1 S1890 CONGRESSIONAL RECORD — SENATE February 27, 2004 nomination was confirmed with near refugee women, children, and adoles- Mary’s legacy will live on in the lives unanimity under Senate Democratic cents around the world. She was a of the refugees around the world whose leadership in 2001, Senator LOTT’s truly selfless woman who dedicated her lives she helped improve and in the spokesperson indicated that Senator life to others. work of the Women’s Commission for LOTT’s solitary opposition was to un- Mary was born in Newport News, VA. Refugee Women and Children. I rise derscore his position that ‘‘any ap- She spent her childhood in Pottstown, today to commemorate Mary Diaz, to pointment of federal judges during a PA, before going to Brown University, celebrate her too-short life and to offer recess should be opposed.’’ where she graduated with a major in her family, friends, and colleagues our PROGRESS OF FILLING JUDICIAL VACANCIES international relations in 1982. After support. She will be sorely missed.∑ working for several years at WPVI tel- The American people understand f evision news station in Philadelphia, that Democrats in the Senate have she returned to school and received a IN HONOR OF RITA DOLAN shown great restraint and extensive co- master’s degree in international edu- SELLAR operation in the confirmation of 171 of cation from Harvard University in 1988. ∑ this President’s judicial nominations. Mr. REED. Mr. President, on Tues- But Mary’s passion and life mission day, February 24, 2004, an extraor- Republicans are loath to acknowledge was refugees. While she was still at that cooperation but with it this Presi- dinary resident of Newport, RI cele- Harvard she began working for Catho- brated a monumental achievement, her dent has been achieving record num- lic Charities in Boston, and upon grad- bers of judicial confirmations and we 100th birthday. uation became director of refugee and Rita Dolan Sellar has led a full and have reduced judicial vacancies to the immigration services there. lowest level in decades. Despite the un- exceptional life. She was born Feb- In 1994, at the age of 33, Mary became ruary 24, 1904, to Clarence Dolan and precedented political upheavals and executive director of the Women’s the aftermath of September 11, as of Rosalie Brown Dolan. She had two sis- Commission for Refugee Women and ters, Rose and Alexandra. today, the Senate has already con- Children, an organization that helps firmed more judges than were con- As a young lady, Rita attended some of the most vulnerable people on Foxcroft School in Virginia, where she firmed during President Reagan’s en- Earth. For 10 years, Mary traveled to tire first 4-year term. Indeed, at this is now the oldest living alumna. Later the world’s trouble spots, dodging she married Norrie Sellar, and they point in President Clinton’s last term, minefields, tsetse flies, and wars on her only 140 judges had been confirmed, as traveled extensively throughout the mission to help refugee women and world. compared to the 171 confirmed and two children reclaim their lives. She went recess appointed by this President. Rita and Norrie had five children: on fact-finding missions to places such Daphne, Norrie, Rosalie, Owen, and Al- The President’s recent actions are as Serbia, Angola, Rwanda, Nepal, unnecessarily divisive and harmful. We exandra. Pakistan, Haiti, and Colombia to talk Rita was an accomplished and bold have already achieved much. If the to uprooted women and children first- horsewoman, who in the 1930s founded President would work with the Senate, hand. and played on the first women’s polo we could achieve so much more. Back in the United States and in Ge- team, in Aiken, SC, and rode in fox neva, she would plead their cases be- f hunts, steeplechase races, and jumping fore the United Nations and lobby law- contests. LOCAL LAW ENFORCEMENT ACT makers and relief agencies to improve She was also an active sailor, who OF 2003 their conditions. She also fought for kept sailboats in Newport Harbor, and the rights of people claiming asylum in Mr. SMITH. Mr. President, I rise often sailed with her sister—one of today to speak about the need for hate the United States. Her advocacy led to concrete results. America’s first and most capable crimes legislation. On May 1, 2003, Sen- women sailors. ator KENNEDY and I introduced the After she reported on the situation in Bosnia, the Clinton administration Her home in Newport, ‘‘Seaweed,’’ Local Law Enforcement Enhancement has hosted five generations of the fam- Act, a bill that would add new cat- provided a fund to help refugee women rebuild their lives. During a visit to ily, innumerable cheerful parties and egories to current hate crimes law, dinners, and an extensive array of sending a signal that violence of any Tanzania, she got the rules changed to allow Burundian women as well as men friends, cousins, in-laws, and visitors. kind is unacceptable in our society. She is the oldest member of Newport’s One such crime occurred in to distribute food to fellow refugees. As a result, many more women and their Spouting Rock Beach Association. Tillamook, a small town on the Oregon In addition to her 5 children, she has coast. On February 11, 1999, James Ash, children got their food rations. After a visit to Afghanistan in 2002, Mary initi- 15 grandchildren and 13 great-grand- 48, and Kevin Hawthorn, 25, were children, as well as 3 step-grand- charged with intimidation and assault ated a fund for programs for Afghan women. children and 6 step-great-grand- for allegedly beating a man because of Under Mary’s leadership, the Wom- children, of which she is the beloved, his sexual orientation. en’s Commission grew from a small or- affectionate, and patient matriarch. I believe that Government’s first ganization with a staff of 4 and a budg- Rita Dolan Sellar has led a successful duty is to defend its citizens, to defend et of $425,000 to one with more than 20 and remarkable life as evident by her them against the harms that come out staff and a budget of $4 million. She be- many achievements and, more impor- of hate. The Local Law Enforcement lieved the international community tantly, her large, loving and successful Enhancement Act is a symbol that can had a responsibility to help women and family which includes former Rhode Is- become substance. I believe that by children who had been uprooted by war land Attorney General Sheldon passing this legislation and changing and persecution, and in her quiet, ele- Whitehouse. current law, we can change hearts and gant way, used her eloquence and I would like to congratulate Rita on minds as well. strong persuasive powers to persuade her 100th birthday. This extraordinary f policy makers to change policies and moment is not about the number of programs. years she has lived but the accomplish- ADDITIONAL STATEMENTS Mary, who was 43 years old, died of ments she has made during those years pancreatic cancer. She leaves behind and the excitement, pride, love, and joy her longtime partner, Tom Ferguson of she has brought to her many family IN MEMORY OF MARY FRANCES New York City; her mother, Bertha and friends through her life. I wish DIAZ Diaz of Pottstown, PA; two brothers, Rita a happy birthday and many ∑ Mr. CARPER. Mr. President, I would Dr. Philip Diaz of Columbus, OH, and more.∑ like to set aside a moment to reflect on Dr. Joseph Diaz of Barrington, RI; and f the life of Ms. Mary Frances Diaz upon two sisters, Theresa Diaz of Reading, her passing in February. Mary was a PA, and Bernadette Diaz of Oak Park, MEASURES REFERRED woman who made a remarkable con- IL. She also leaves behind innumerable The Committee on Energy and Nat- tribution toward improving the lives of friends and colleagues. ural Resources was discharged from

VerDate jul 14 2003 01:19 Feb 28, 2004 Jkt 029060 PO 00000 Frm 00038 Fmt 4637 Sfmt 0634 E:\CR\FM\G27FE6.075 S27PT1 February 27, 2004 CONGRESSIONAL RECORD — SENATE S1891 further consideration of the following ADDITIONAL COSPONSORS residence in the United States, and for measure which was referred to the S. 68 other purposes. Committee on Commerce, Science, and At the request of Mr. INOUYE, the S. 1516 Transportation: name of the Senator from Alaska (Mr. H.R. 2584. A bill to provide for the convey- At the request of Mr. DOMENICI, the STEVENS) was added as a cosponsor of names of the Senator from Montana ance to the Utrok Atoll local government of S. 68, a bill to amend title 38, United a decommissioned national Oceanic and At- (Mr. BAUCUS) and the Senator from States Code, to improve benefits for mospheric Administration ship. Montana (Mr. BURNS) were added as co- Filipino veterans of World War II, and sponsors of S. 1516, a bill to further the f for other purposes. purposes of the Reclamation Projects MEASURES PLACED ON THE S. 604 Authorization and Adjustment Act of CALENDAR At the request of Mr. BAYH, the name 1992 by directing the Secretary of the of the Senator from Missouri (Mr. The following bill was read the sec- Interior, acting through the commis- BOND) was added as a cosponsor of S. ond time, and placed on the calendar: sioner of Reclamation, to carry out an 604, a bill to amend part D of title IV of assessment and demonstration pro- S. 2137. A bill to authorize the Secretary of the Social Security Act to provide gram to assess potential increases in Health and Human Services to promulgate grants to promote responsible father- regulations for the reimportation of pre- water availability for Bureau of Rec- scription drugs, and for other purposes. hood, and for other purposes. lamation projects and other uses S. 683 through control of salt cedar and Rus- f At the request of Mr. FEINGOLD, the sian olive. name of the Senator from Illinois (Mr. INTRODUCTION OF BILLS AND S. 1687 JOINT RESOLUTIONS DURBIN) was added as a cosponsor of S. 683, a bill to amend the Family and At the request of Mr. BINGAMAN, the The following bills and joint resolu- Medical Leave Act of 1993 to provide name of the Senator from New Mexico tions were introduced, read the first entitlement to leave to eligible em- (Mr. DOMENICI) was added as a cospon- and second times by unanimous con- ployees whose spouse, son, daughter, or sor of S. 1687, a bill to direct the Sec- sent, and referred as indicated: parent is a member of the Armed retary of the Interior to conduct a By Mr. LAUTENBERG (for himself and Forces serving on active duty in sup- study on the preservation and interpre- Mr. CORZINE): port of a contingency operation or no- tation of the historic sites of the Man- S. 2142. A bill to authorize appropriations for the New Jersey Coastal Heritage Trail tified of an impending call or order to hattan Project for potential inclusion Route, and for other purposes; to the Com- active duty in support of a contingency in the National Park System. mittee on Energy and Natural Resources. operation. S. 1709 By Mr. DURBIN: S. 983 At the request of Mr. CRAIG, the S. 2143. A bill to extend trade adjustment At the request of Mr. CHAFEE, the assistance to service workers; to the Com- name of the Senator from South Caro- name of the Senator from Vermont mittee on Finance. (Mr. JEFFORDS) was added as a cospon- lina (Mr. GRAHAM) was added as a co- By Mr. LUGAR: sor of S. 1709, a bill to amend the USA S. 2144. A bill to authorize appropriations sponsor of S. 983, a bill to amend the Public Health Service Act to authorize PATRIOT ACT to place reasonable lim- for the Department of State and inter- itations on the use of surveillance and national broadcasting activities for fiscal the Director of the National Institute the issuance of search warrants, and year 2005, for the Peace Corps for fiscal year of Environmental Health Sciences to 2005 through 2007, for foreign assistance pro- make grants for the development and for other purposes. grams for fiscal year 2005, and for other pur- operation of research centers regarding S. 1843 poses; to the Committee on Foreign Rela- environmental factors that may be re- tions. At the request of Ms. SNOWE, the By Mr. BURNS (for himself, Mr. lated to the etiology of breast cancer. name of the Senator from Montana WYDEN, and Mrs. BOXER): S. 1129 (Mr. BAUCUS) was added as a cosponsor S. 2145. A bill to regulate the unauthorized At the request of Mrs. FEINSTEIN, the of S. 1843, a bill to amend titles XIX installation of computer software, to require name of the Senator from Maryland and XXI of the Social Security Act to clear disclosure to computer users of certain (Mr. SARBANES) was added as a cospon- provide for FamilyCare coverage for computer software features that may pose a sor of S. 1129, a bill to provide for the parents of enrolled children, and for threat to user privacy, and for other pur- protection of unaccompanied alien poses; to the Committee on Commerce, other purposes. children, and for other purposes. Science, and Transportation. S.J. RES. 28 By Ms. LANDRIEU (for herself, Mr. S. 1292 BAYH, Mr. BREAUX, Mr. BURNS, Mr. At the request of Ms. LANDRIEU, the At the request of Mr. CAMPBELL, the CHAFEE, Mr. CHAMBLISS, Mr. COCH- names of the Senator from Indiana names of the Senator from Georgia RAN, Mr. DURBIN, Mr. FEINGOLD, Mr. (Mr. BAYH) and the Senator from Illi- (Mr. CHAMBLISS) and the Senator from JOHNSON, Mr. LEVIN, Mr. LIEBERMAN, nois (Mr. DURBIN) were added as co- Virginia (Mr. ALLEN) were added as co- Mr. LUGAR, Mr. MILLER, Mrs. MUR- sponsors of S. 1292, a bill to establish a sponsors of S.J. Res. 28, a joint resolu- RAY, Mr. NELSON of Florida, Mr. tion recognizing the 60th anniversary PRYOR, Mr. REID, Mr. SANTORUM, Ms. servitude and emancipation archival STABENOW, Mr. STEVENS, Mr. research clearinghouse in the National of the Allied landing at Normandy dur- VOINOVICH, and Mr. WARNER): Archives. ing World War II. S. 2146. A bill to require the Secretary of S. 1485 S. CON. RES. 8 the Treasury to mint coins in commemora- At the request of Mr. KENNEDY, the tion of the contributions of Dr. Martin Lu- At the request of Ms. COLLINS, the name of the Senator from South Da- ther King, Jr., to the United States; to the name of the Senator from Rhode Island kota (Mr. JOHNSON) was added as a co- Committee on Banking, Housing, and Urban (Mr. CHAFEE) was added as a cosponsor Affairs. sponsor of S. 1485, a bill to amend the of S. Con. Res. 8, a concurrent resolu- Fair Labor Standards Act of 1938 to f tion designating the second week in protect the rights of employees to re- May each year as ‘‘National Visiting SUBMISSION OF CONCURRENT AND ceive overtime compensation. Nurse Association Week’’. SENATE RESOLUTIONS S. 1510 S. RES. 269 The following concurrent resolutions At the request of Mr. LEAHY, the and Senate resolutions were read, and name of the Senator from Rhode Island At the request of Mr. LEVIN, the referred (or acted upon), as indicated: (Mr. CHAFEE) was added as a cosponsor name of the Senator from Washington of S. 1510, a bill to amend the Immigra- (Ms. CANTWELL) was added as a cospon- By Ms. COLLINS (for herself and Mr. REED): tion and Nationality Act to provide a sor of S. Res. 269, a resolution urging S. Res. 306. A resolution designating March mechanism for United States citizens the Government of Canada to end the 2, 2004, as ‘‘Read Across America Day’’; to and lawful permanent residents to commercial seal hunt that opened on the Committee on the Judiciary. sponsor their permanent partners for November 15, 2003.

VerDate jul 14 2003 23:43 Feb 27, 2004 Jkt 029060 PO 00000 Frm 00039 Fmt 4637 Sfmt 0634 E:\CR\FM\A27FE6.021 S27PT1 S1892 CONGRESSIONAL RECORD — SENATE February 27, 2004 AMENDMENTS SUBMITTED AND sure that the New Jersey Coastal Her- Congress first established Trade Ad- PROPOSED itage Trail fulfills its promise to the justment Assistance (TAA) in 1962, in SA 2631. Mr. LEVIN proposed an amend- people of my home State and to visi- recognition that international trade ment to the bill S. 1805, to prohibit civil li- tors from around the world. The addi- can harm our workers. The program ability actions from being brought or contin- tional funding authorized in this bill was overhauled in 1974, and since then, ued against manufacturers, distributors, will support: 1. Creation of a long-term it has offered extended unemployment dealers, or importers of firearms or ammuni- strategic plan on the roles of the Na- compensation benefits and job training tion for damages resulting from the misuse tional Park Service and other Trail for workers who lose their manufac- of their products by others. partners; 2. Development of two re- turing jobs due to import competition. SA 2632. Mr. LAUTENBERG proposed an amendment to the bill S. 1805, supra. maining theme trails (historic settle- Over the past decade, Congress has SA 2633. Mr. LAUTENBERG proposed an ments and relaxation/inspiration); 3. shown its willingness to adapt to in- amendment to the bill S. 1805, supra. Development of interpretive media creasing globalization by modernizing f such as videos, brochures and exhibits; TAA. For example, in 1993, with the 4. Technical assistance for the State adoption of the North American Free STATEMENTS ON INTRODUCED park system, wildlife management, and Trade Agreement, we added a provision BILLS AND JOINT RESOLUTIONS historic and cultural sites; 5. Construc- to offer those same unemployment and By Mr. LAUTENBERG (for him- tion of a New Jersey State Park Serv- job training benefits to workers whose self and Mr. CORZINE): ice facility on the trail at Double Trou- manufacturing jobs were relocated to S. 2142. A bill to authorize appropria- ble State Park in the Barnegat Bay Re- Canada or Mexico. Most recently, when tions for the New Jersey Coastal Herit- gion; 6. Continuing work on a welcome the program was reauthorized in 2002, age Trail Route, and for other pur- center at Sandy Hook; and 7. Construc- we expanded eligibility once again. The poses; to the Committee on Energy and tion of a welcome center in the Abse- program now includes workers whose Natural Resources. con region. manufacturing jobs have been relo- Mr. LAUTENBERG. Mr. President, I I urge my colleagues to support this cated to certain countries other than rise to introduce legislation to reau- legislation, which is needed to assure Canada or Mexico. It also now provides thorize the New Jersey Coastal Herit- that funding for this valuable under- assistance to certain secondary work- age Trail Route on behalf of myself and taking will continue to be authorized ers who have lost their manufacturing Senator CORZINE. This bill makes a after May 2004. jobs as suppliers or downstream pro- number of important changes to legis- I ask unanimous consent that the ducers to firms that have been affected lation that was enacted in 1988 and re- text of the bill be printed in the by trade or plant relocation. authorized in 1994 and 1999. RECORD. Despite these changes, one factor has The original legislation, which I co- There being no objection, the bill was remained constant: Trade Adjustment sponsored, called for a route that links ordered to be printed in the RECORD, as Assistance is only available to workers nationally significant natural and cul- follows: in the manufacturing sector. If a serv- tural sites associated with the coastal S. 2142 ice sector employee’s job has been area of New Jersey. The New Jersey Be it enacted by the Senate and House of Rep- outsourced to a foreign country, he or Coastal Heritage Trail runs south for resentatives of the United States of America in she is not eligible for TAA because the nearly 300 miles from Perth Amboy Congress assembled, performance of services is not consid- along the Atlantic Ocean to Cape May, SECTION 1. NEW JERSEY COASTAL HERITAGE ered production of an ‘‘article,’’ as re- then west along the Delaware Bay to TRAIL ROUTE. quired by the law. the Delaware Memorial Bridge. Along (a) AUTHORIZATION OF APPROPRIATIONS.— I can understand why the law was the way are sites like the Barnegat Section 6 of Public Law 100–515 (16 U.S.C. 1244 written that way—until recently, we Bay Decoy and Baymen’s Museum, the note) is amended— believed that our service jobs were not Cape May Migratory Bird Refuge, and (1) in subsection (b)(1), by striking put at risk by international trade. But the Sandy Hook Unit of the Gateway ‘‘$4,000,000’’ and inserting ‘‘$8,000,000’’; and now, unfortunately, we know this is no (2) in subsection (c), by striking ‘‘10’’ and National Recreation Area. inserting ‘‘15’’. longer the case. Hundreds of thousands Five theme trails, of which three are (b) GRANTS.—Public Law 100–515 (16 U.S.C. of service sector jobs already have been open, are planned to showcase different 1244 note) is amended— outsourced to other countries, includ- aspects of New Jersey coastal life: mar- (1) in section 4, by inserting ‘‘and, subject ing China and India. A report by itime history, coastal habitats, wildlife to the availability of appropriations, grants Forrester Research predicts that 3.3 migration, historic settlements, and for,’’ after ‘‘technical assistance in’’; and million service jobs will be outsourced relaxation/inspiration. The Trail is op- (2) in section 6(b)(2) by inserting ‘‘and by the year 2015—and some economists erated by a partnership that includes grants’’ after ‘‘technical assistance’’. believe that forecast is conservative. (c) STRATEGIC PLAN.—Public Law 100–515 the National Park Service, the State of (16 U.S.C. 1244 note) is amended by adding at Last fall, the Fisher Center for Real New Jersey, local communities, and the end the following: Estate and Urban Economics at the private non-profit organizations. Fifty ‘‘SEC. 8. STRATEGIC PLAN. University of California, Berkeley, es- percent of the funding for the Trail is ‘‘(a) IN GENERAL—Not later than 4 years timated that more than 14 million provided from non-federal funds. after the date of the enactment of this sec- service jobs are ‘‘at risk to My legislation raises the funding au- tion, the Secretary shall prepare a strategic outsourcing’’—that is 11 percent of all thorization for the New Jersey Coastal plan for the route. jobs. Heritage Trail to $8 million, doubling ‘‘(b) CONTENTS.—The strategic plan pre- That is the outer limit of service jobs the current authorization of $4 million. pared under subsection (a) shall describe— at risk, but it demonstrates that this The legislation also: extends the dead- ‘‘(1) opportunities to increase participation issue will reach far beyond the soft- line for project completion by 5 years by national and local private and public in- ware programmers and call centers terests in the planning, development, and ad- to May 4, 2009; allows funds to be used ministration of the route; and that are receiving attention today. The for grants in addition to technical as- ‘‘(2) organizational options for sustaining Fisher Center report notes that the sistance; and requires the National the route.’’. jobs being created in India and else- Park Service to prepare a strategic where also include the following serv- plan for the long-term maintenance of By Mr. DURBIN: ice sectors: geographic information this coastal route. A companion bill, S. 2143. A bill to extend trade adjust- systems services for insurance compa- H.R. 3070, has been introduced in the ment assistance to service workers; to nies; stock market research for finan- House by Congressman LOBIONDO, with the Committee on Finance. cial firms; medical transcription serv- cosponsorship by the entire New Jersey Mr. DURBIN. Mr. President, today, I ices; legal online database research; delegation. am introducing the Service Workers data analysis for consulting firms; and New Jersey has a long shoreline of Fairness Act to provide aid for Amer- payroll and other back-office related which we are extremely proud. This ican workers facing a disturbing new activities. bill will provide the necessary re- trend: the offshore outsourcing of serv- In fact, the offshore outsourcing of sources and strategic planning to en- ice jobs. service jobs likely will grow at a much

VerDate jul 14 2003 23:43 Feb 27, 2004 Jkt 029060 PO 00000 Frm 00040 Fmt 4637 Sfmt 0634 E:\CR\FM\A27FE6.017 S27PT1 February 27, 2004 CONGRESSIONAL RECORD — SENATE S1893 faster rate than the manufacturing ice workers whose firm shifts the work denies consent to installation, of the name outsourcing we have witnessed over the for the same or directly competitive and general nature of the computer software past two decades because there is an services to a foreign country. It also that will be installed if the user grants con- sent; and enormous cost differential in the wages would cover contract service workers (2) include a separate disclosure, with re- of well-educated workers here and whose contracts have been shifted spect to each information collection, adver- abroad. For example, the hourly wage overseas. Finally, my bill would extend tising, distributed computing, and settings for telephone operators in the United the current provisions for adversely af- modification feature contained in the com- States is $12.57, while it is less than fected secondary workers to those who puter software, that— $1.00 in India. The hourly wage for provide services. (A) remains displayed on the screen until legal assistants and paralegals in the Last week, Federal Reserve Chair- the user either grants or denies consent to United States is $17.86, compared to man Alan Greenspan noted that ‘‘rig- that feature; (B) in the case of an information collection $6.00 to $8.00 in India. Accountants in orous education and ongoing training’’ feature, provides a clear description of— the United States earn $23.35 per hour, are critical in ensuring that as many (i) the type of personal or network infor- while those in India earn $6.00 to $15.00 Americans as possible can benefit from mation to be collected and transmitted by per hour. Finally, financial researchers increased globalization. the computer software; and and analysts in the United States earn My bill would provide this education (ii) the purpose for which the personal or $33.00 to $35.00 per hour, while those in and training to service workers whose network information is to be collected, India earn only $6.00 to $15.00 per hour. jobs are outsourced abroad. I urge my transmitted, and used; (C) in the case of an advertising feature, The offshore outsourcing of service colleagues to join me in support of this provides— jobs already is having an impact on our important legislation. (i) a representative example of the type of economy. For example, it may be one advertisement that may be delivered by the reason that the recent increase in the By Mr. BURNS (for himself, Mr. computer software; unemployment rate is larger for high- WYDEN, and Mrs. BOXER): (ii) a clear description of— ly-educated workers. From 2000 to 2003, S. 2145. A bill to regulate the unau- (I) the estimated frequency with which total unemployment for workers with thorized installation of computer soft- each type of advertisement may be delivered; at least a bachelor’s degree increased ware, to require clear disclosure to or computer users of certain computer (II) the factors on which the frequency will by 95 percent, compared to a 40 percent depend; and increase for workers with a high school software features that may pose a (iii) a clear description of how the user can diploma or less. Statistics for long- threat to user privacy, and for other distinguish each type of advertisement that term unemployment—representing purposes; to the Committee on Com- the computer software delivers from adver- workers who have been unemployed for merce, Science, and Transportation. tisements generated by other software, more than six months—are similar. Mr. BURNS. Mr. President, I ask Internet website operators, or services; From 2000 to 2003, long term unemploy- unanimous consent that the text of the (D) in the case of a distributed computing feature, provides a clear description of— bill be printed in the RECORD. ment for workers with at least a bach- (i) the types of information or messages elor’s degree increased by 299 percent, There being no objection, the bill was the computer software will cause the com- compared to an increase of 156 percent ordered to be printed in the RECORD, as puter to transmit; for workers with a high school diploma follows: (ii)(I) the estimated frequency with which or less. S. 2145 the computer software will cause the com- The offshore outsourcing of service Be it enacted by the Senate and House of Rep- puter to transmit such messages or informa- jobs also may help explain why the few resentatives of the United States of America in tion; or jobs that have been created since the Congress assembled, (II) the factors on which the frequency will depend; SECTION 1. SHORT TITLE. recession officially ended in November (iii) the estimated volume of such informa- This Act may be cited as the ‘‘Software 2001 have been primarily in low-paying tion or messages, and the likely impact, if Principles Yielding Better Levels of Con- sectors. any, on the processing or communications sumer Knowledge Act’’ or the ‘‘SPY BLOCK The question before us today is: How capacity of the user’s computer; and Act’’. should Congress respond to this new (iv) the nature, volume, and likely impact facet of globalization and how can we SEC. 2. UNAUTHORIZED INSTALLATION OF COM- on the computer’s processing capacity of any PUTER SOFTWARE. aid these hundreds of thousands—and computational or processing tasks the com- (a) NOTICE, CHOICE, AND UNINSTALL PROCE- eventually millions—of service workers puter software will cause the computer to DURES.—It is unlawful for any person who is perform in order to generate the information whose jobs have been outsourced? not the user of a protected computer to in- Although there are broader trade or messages the computer software will stall computer software on that computer, or cause the computer to transmit; issues that we should examine over to authorize, permit, or cause the installa- (E) in the case of a settings modification time, there is one thing we can and tion of computer software on that computer, feature, provides a clear description of the should do now, and that is extend unless— nature of the modification, its function, and Trade Adjustment Assistance to these (1) the user of the computer has received any collateral effects the modification may service employees. The service-pro- notice that satisfies the requirements of sec- produce; and tion 3; (F) provides a clear description of proce- viding sector provides more than 86 (2) the user of the computer has granted million jobs and accounts for more dures the user may follow to turn off such consent that satisfies the requirements of feature or uninstall the computer software. than half of our total GDP. We must section 3; and (b) CONSENT.—For purposes of section extend the same helping hand to these (3) the computer software’s uninstall pro- 2(a)(2), consent requires— men and women when their jobs are cedures satisfy the requirements of section 3. (1) consent by the user of the computer to outsourced as we do to workers in the (b) RED HERRING PROHIBITION.—It is unlaw- the installation of the computer software; manufacturing sector. ful for any person who is not the user of a and Trade Adjustment Assistance not protected computer to install computer soft- (2) separate affirmative consent by the ware on that computer, or to authorize, per- user of the computer to each information only provides additional unemploy- mit, or cause the installation of computer ment compensation benefits. Just as collection feature, advertising feature, dis- software on that computer, if the design or tributed computing feature, and settings importantly, it provides training to operation of the computer software is in- modification feature contained in the com- help workers find jobs at a similar or tended, or may reasonably be expected, to puter software. higher skill level, including classroom confuse or mislead the user of the computer (c) UNINSTALL PROCEDURES.—For purposes training, on-the-job training, and cus- concerning the identity of the person or of section 2(a)(3), computer software shall— tomized employer-based training. TAA service responsible for the functions per- (1) appear in the ‘‘Add/Remove Programs’’ also provides reemployment services, formed or content displayed by such com- menu or any similar feature, if any, provided puter software. including employment counseling, case by each operating system with which the SEC. 3. NOTICE, CONSENT, AND UNINSTALL RE- computer software functions; assessment, job development, and sup- QUIREMENTS. (2) be capable of being removed completely portive services. (a) NOTICE.—For purposes of section 2(a)(1), using the normal procedures provided by The bill I am introducing today, the notice to the user of a computer shall— each operating system with which the com- Service Workers Fairness Act, would (1) include a clear notification, displayed puter software functions for removing com- provide TAA eligibility to laid-off serv- on the screen until the user either grants or puter software; and

VerDate jul 14 2003 23:43 Feb 27, 2004 Jkt 029060 PO 00000 Frm 00041 Fmt 4637 Sfmt 0634 E:\CR\FM\G27FE6.069 S27PT1 S1894 CONGRESSIONAL RECORD — SENATE February 27, 2004 (3) in the case of computer software with and controlled by another person, and addition to its powers under any provision of an advertising feature, include an easily through which the computer software was law specifically referred to in subsection (b), identifiable link clearly associated with each made available for installation. each of the agencies referred to in that sub- advertisement that the software causes to be (d) SOFTWARE RESIDENT IN TEMPORARY section may exercise, for the purpose of en- displayed, such that selection of the link by MEMORY.—In the case of an installation of forcing compliance with any requirement the user of the computer generates an on- computer software that falls within the imposed under this Act, any other authority screen window that informs the user about meaning of section 7(10)(B) but not within conferred on it by law. how to turn off the advertising feature or the meaning of section 7(10)(A), the require- (d) ACTIONS BY THE COMMISSION.—The Com- uninstall the computer software. ments set forth in subsections (a)(1), (b)(1), mission shall prevent any person from vio- SEC. 4. UNAUTHORIZED USE OF CERTAIN COM- and (c) of section 3 shall not apply. lating this Act in the same manner, by the PUTER SOFTWARE. (e) FEATURES ACTIVATED BY USER OP- same means, and with the same jurisdiction, It is unlawful for any person who is not the TIONS.—In the case of an information collec- powers, and duties as though all applicable user of a protected computer to use an infor- tion, advertising, distributed computing, or terms and provisions of the Federal Trade mation collection, advertising, distributed settings modification feature that remains Commission Act (15 U.S.C. 41 et seq.) were computing, or settings modification feature inactive or turned off unless the user of the incorporated into and made a part of this of computer software installed on that com- computer subsequently selects certain op- Act. Any entity that violates any provision puter, if— tional settings or functions provided by the of that section is subject to the penalties and (1) the computer software was installed in computer software, the requirements of sub- entitled to the privileges and immunities violation of section 2; sections (a)(2) and (b)(2) of section 3 may be provided in the Federal Trade Commission (2) the use in question falls outside the satisfied by providing the applicable disclo- Act in the same manner, by the same means, scope of what was described to the user of sure and obtaining the applicable consent at and with the same jurisdiction, power, and the computer in the notice provided pursu- the time the user selects the option that ac- duties as though all applicable terms and ant to section 3(a); or tivates the feature, rather than at the time provisions of the Federal Trade Commission (3) in the case of an information collection of initial installation. Act were incorporated into and made a part feature, the person using the feature fails to SEC. 6. ADMINISTRATION AND ENFORCEMENT. of that section. establish and maintain reasonable proce- (a) IN GENERAL.—Except as provided in (e) PRESERVATION OF COMMISSION AUTHOR- dures to protect the security and integrity of subsection (b), this Act shall be enforced by ITY.—Nothing contained in this section shall personal information so collected. the Commission as if the violation of this be construed to limit the authority of the SEC. 5. EXCEPTIONS. Act were an unfair or deceptive act or prac- Commission under any other provision of (a) PREINSTALLED SOFTWARE.—A person tice proscribed under section 18(a)(1)(B) of law. who installs, or authorizes, permits, or the Federal Trade Commission Act (15 U.S.C. SEC. 7. ACTIONS BY STATES. causes the installation of, computer software 57a(a)(1)(B)). (a) IN GENERAL.— on a protected computer before the first re- (b) ENFORCEMENT BY CERTAIN OTHER AGEN- (1) CIVIL ACTIONS.—In any case in which the tail sale of the computer shall be deemed to CIES.—Compliance with this Act shall be en- attorney general of a State has reason to be- be in compliance with this Act if the user of forced under— lieve that an interest of the residents of that the computer receives notice that would sat- (1) section 8 of the Federal Deposit Insur- State has been or is threatened or adversely isfy section 3(a)(2) and grants consent that ance Act (12 U.S.C. 1818), in the case of— affected by the engagement of any person in would satisfy section 3(b)(2) prior to— (A) national banks, and Federal branches a practice that this Act prohibits, the State, (1) the initial collection of personal or net- and Federal agencies of foreign banks, by the as parens patriae, may bring a civil action work information, in the case of any infor- Office of the Comptroller of the Currency; on behalf of the residents of the State in a mation collection feature contained in the (B) member banks of the Federal Reserve district court of the United States of appro- computer software; System (other than national banks), priate jurisdiction— (2) the initial generation of an advertise- branches and agencies of foreign banks (A) to enjoin that practice; ment on the computer, in the case of any ad- (other than Federal branches, Federal agen- (B) to enforce compliance with the rule; vertising feature contained in the computer cies, and insured State branches of foreign (C) to obtain damage, restitution, or other software; banks), commercial lending companies compensation on behalf of residents of the (3) the initial transmission of information owned or controlled by foreign banks, and State; or or messages, in the case of any distributed organizations operating under section 25 or (D) to obtain such other relief as the court computing feature contained in the com- 25A of the Federal Reserve Act (12 U.S.C. 601 may consider to be appropriate. puter software; and and 611), by the Board; and (2) NOTICE.— (4) the initial modification of user settings, (C) banks insured by the Federal Deposit (A) IN GENERAL.—Before filing an action in the case of any settings modification fea- Insurance Corporation (other than members under paragraph (1), the attorney general of ture. of the Federal Reserve System) and insured the State involved shall provide to the Com- (b) OTHER EXCEPTIONS.—Sections 3(a)(2), State branches of foreign banks, by the mission— 3(b)(2), and 4 do not apply to any feature of Board of Directors of the Federal Deposit In- (i) written notice of that action; and computer software that is reasonably needed surance Corporation; (ii) a copy of the complaint for that action. to— (2) section 8 of the Federal Deposit Insur- (B) EXEMPTION.— (1) provide capability for general purpose ance Act (12 U.S.C. 1818), by the Director of (i) IN GENERAL.—Subparagraph (A) shall online browsing, electronic mail, or instant the Office of Thrift Supervision, in the case not apply with respect to the filing of an ac- messaging, or for any optional function that of a savings association the deposits of which tion by an attorney general of a State under is directly related to such capability and are insured by the Federal Deposit Insurance this subsection, if the attorney general de- that the user knowingly chooses to use; Corporation; termines that it is not feasible to provide the (2) determine whether or not the user of (3) the Federal Credit Union Act (12 U.S.C. notice described in that subparagraph before the computer is licensed or authorized to use 1751 et seq.) by the National Credit Union the filing of the action. the computer software; and Administration Board with respect to any (ii) NOTIFICATION.—In an action described (3) provide technical support for the use of Federal credit union; in clause (i), the attorney general of a State the computer software by the user of the (4) part A of subtitle VII of title 49, United shall provide notice and a copy of the com- computer. States Code, by the Secretary of Transpor- plaint to the Commission at the same time (c) PASSIVE TRANSMISSION, HOSTING, OR tation with respect to any air carrier or for- as the attorney general files the action. LINK.—For purposes of this Act, a person eign air carrier subject to that part; (b) INTERVENTION.— shall not be deemed to have installed com- (5) the Packers and Stockyards Act, 1921 (7 (1) IN GENERAL.—On receiving notice under puter software, or authorized, permitted, or U.S.C. 181 et seq.) (except as provided in sec- subsection (a)(2), the Commission shall have caused the installation of computer soft- tion 406 of that Act (7 U.S.C. 226, 227)), by the the right to intervene in the action that is ware, on a computer solely because that per- Secretary of Agriculture with respect to any the subject of the notice. son provided— activities subject to that Act; and (2) EFFECT OF INTERVENTION.—If the Com- (1) the Internet connection or other trans- (6) the Farm Credit Act of 1971 (12 U.S.C. mission intervenes in an action under sub- mission capability through which the soft- 2001 et seq.) by the Farm Credit Administra- section (a), it shall have the right— ware was delivered to the computer for in- tion with respect to any Federal land bank, (A) to be heard with respect to any matter stallation; Federal land bank association, Federal inter- that arises in that action; and (2) the storage or hosting, at the direction mediate credit bank, or production credit as- (B) to file a petition for appeal. of another person and without selecting the sociation. (c) CONSTRUCTION.—For purposes of bring- content to be stored or hosted, of the soft- (c) EXERCISE OF CERTAIN POWERS.—For the ing any civil action under subsection (a), ware or of an Internet website through which purpose of the exercise by any agency re- nothing in this subtitle shall be construed to the software was made available for installa- ferred to in subsection (b) of its powers under prevent an attorney general of a State from tion; or any Act referred to in that subsection, a vio- exercising the powers conferred on the attor- (3) a link or reference to an Internet lation of this Act is deemed to be a violation ney general by the laws of that State to— website the content of which was selected of a requirement imposed under that Act. In (1) conduct investigations;

VerDate jul 14 2003 23:43 Feb 27, 2004 Jkt 029060 PO 00000 Frm 00042 Fmt 4637 Sfmt 0634 E:\CR\FM\A27FE6.030 S27PT1 February 27, 2004 CONGRESSIONAL RECORD — SENATE S1895 (2) administer oaths or affirmations; or means a function of computer software that, MILLER, Mrs. MURRAY, Mr. NEL- (3) compel the attendance of witnesses or when installed on a computer, collects per- SON of Florida, Mr. PRYOR, Mr. the production of documentary and other sonal or network information about the user REID, Mr. SANTORUM, Ms. evidence. of the computer and transmits such informa- STABENOW, Mr. STEVENS, Mr. (d) ACTIONS BY THE COMMISSION.—In any tion to any other party on an automatic case in which an action is instituted by or on basis or at the direction of a party other VOINOVICH, and Mr. WARNER): behalf of the Commission for violation of than the user of the computer. S. 2146. A bill to require the Sec- section 2 of this Act, no State may, during (10) INSTALL.—The term ‘‘install’’ means— retary of the Treasury to mint coins in (A) to write computer software to a com- the pendency of that action, institute an ac- commemoration of the contributions of tion under subsection (a) against any defend- puter’s persistent storage medium, such as ant named in the complaint in that action the computer’s hard disk, in such a way that Dr. Martin Luther King, Jr., to the for violation of that section. the computer software is retained on the United States; to the Committee on (e) VENUE; SERVICE OF PROCESS.— computer after the computer is turned off Banking, Housing, and Urban Affairs. (1) VENUE.—Any action brought under sub- and subsequently restarted; or section (a) may be brought in the district (B) to write computer software to a com- Ms. LANDRIEU. Mr. President, every court of the United States that meets appli- puter’s temporary memory, such as random year, Americans commemorate the cable requirements relating to venue under access memory, in such a way that the soft- birthday of America’s greatest civil section 1391 of title 28, United States Code. ware is retained and continues to operate rights leader, Dr. Martin Luther King, (2) SERVICE OF PROCESS.—In an action after the user of the computer turns off or Jr. Last year I was pleased to intro- exits the Internet service, interactive com- brought under subsection (a), process may be duce legislation to authorize the Sec- served in any district in which the defend- puter service, or Internet website from which ant— the computer software was obtained. retary of the Treasury to mint coins to (A) is an inhabitant; or (11) NETWORK INFORMATION.—The term recognize Dr. King’s contribution to (B) may be found. ‘‘network information’’ means— the people of the United States. Reve- (A) an Internet protocol address or domain SEC. 8. DEFINITIONS. nues from the surcharge on the coin name of a user’s computer; or In this Act: (B) a Uniform Resource Locator or other would go to the Library of Congress to (1) ADVERTISEMENT.—The term ‘‘advertise- information that identifies Internet web purchase and maintain historical docu- ment’’ means a commercial promotion for a sites or other online resources accessed by a ments and other materials associated product or service, but does not include pro- user of a computer. motions for products or services that appear with the life and legacy of Martin Lu- (12) PERSONAL INFORMATION.—The term ther King, Jr. on computer software help or support pages ‘‘personal information’’ means— that are displayed in response to a request (A) a first and last name, whether given at I had hoped that this bill could have by the user. birth or adoption, assumed, or legally been enacted last year on the 40th an- (2) ADVERTISING FEATURE.—The term ‘‘ad- changed; vertising feature’’ means a function of com- niversary of Dr. King’s ‘‘I Have a (B) a home or other physical address in- Dream’’ speech, but we were unable to puter software that, when installed on a cluding street name, name of a city or town, computer, delivers advertisements to the and zip code; do so. Today, I would like to reintro- user of that computer. (C) an electronic mail address or online duce the Dr. Martin Luther King Jr. (3) AFFIRMATIVE CONSENT.—The term ‘‘af- username; Commemorative Coin Act of 2004, to firmative consent’’ means consent expressed (D) a telephone number; have the coin minted in 2009 in com- through action by the user of a computer (E) a social security number; memoration of the 80th anniversary of other than default action specified by the in- (F) any personal identification number; stallation sequence and independent from (G) a credit card number, any access code Dr. King’s birth. Dr. King’s significant any other consent solicited from the user associated with the credit card, or both; contributions and his message should during the installation process. (H) a birth date, birth certificate number, live on for future generations. America (4) CLEAR DESCRIPTION.—The term ‘‘clear or place of birth; or should remember him as a national description’’ means a description that is (I) any password or access code. hero and a pioneer. clear, conspicuous, concise, and in a font size (13) PERSON.—The term ‘‘person’’ has the that is at least as large as the largest default meaning given that term in section 3(32) of In recognizing Dr. Martin Luther font displayed to the user by the software. the Communications Act of 1934 (47 U.S.C. King’s legacy, it is important that we (5) COMPUTER SOFTWARE.—The term ‘‘com- 153(32)). continue to learn from his actions and puter software’’— (14) PROTECTED COMPUTER.—The term ‘‘pro- (A) means any program designed to cause a words. When I was a young girl in Lou- tected computer’’ has the meaning given isiana, I learned from Dr. King that the computer to perform a desired function or that term in section 1030(e)(2)(B) of title 18, functions; and United States Code. struggle for civil rights and racial (B) does not include any cookie. (15) SETTINGS MODIFICATION FEATURE.—The equality was more than simply chang- (6) COOKIE.—The term ‘‘cookie’’ means a term ‘‘settings modification feature’’ means ing the law, it required changing our text file— a function of computer software that, when hearts as well. Dr. King recognized (A) that is placed on a computer by an installed on a computer— that the civil rights movement pre- Internet service provider, interactive com- (A) modifies an existing user setting, with- puter service, or Internet website; and out direction from the user of the computer, sented Americans with a choice. We (B) the sole function of which is to record with respect to another computer software could choose hate and fear, or we could information that can be read or recognized application previously installed on that com- choose love and understanding. Dr. by an Internet service provider, interactive puter; or King believed that when Americans computer service, or Internet website when (B) enables a user setting with respect to choose love in their hearts, peace and the user of the computer uses or accesses another computer software application pre- equality would follow. Dr. King offered such provider, service, or website. viously installed on that computer to be (7) DISTRIBUTED COMPUTING FEATURE.—The modified in the future without advance noti- us a peaceful way to reach equality term ‘‘distributed computing feature’’ means fication to and consent from the user of the through non-violent protest and ac- a function of computer software that, when computer. tion. I believe that this should con- installed on a computer, transmits informa- (16) USER OF A COMPUTER.—The term ‘‘user tinue to be a fundamental moral chal- tion or messages, other than personal or net- of a computer’’ means a computer’s lawful work information about the user of the com- lenge for our country. In his famous ‘‘I owner or an individual who operates a com- Have a Dream’’ speech, Dr. King said, puter, to any other computer without the puter with the authorization of the com- knowledge or direction of the user and for puter’s lawful owner. ‘‘I have a dream that one day, the sons purposes unrelated to the tasks or functions SEC. 9. EFFECTIVE DATE. of former slaves and the sons of former the user intentionally performs using the This Act shall take effect 180 days after slave owners will be able to sit down computer. the date of enactment of this Act. together at the table of brotherhood.’’ (8) FIRST RETAIL SALE.—The term ‘‘first re- tail sale’’ means the first sale of a computer, By Ms. LANDRIEU (for herself, I would also like to take the time to for a purpose other than resale, after the Mr. BAYH, Mr. BREAUX, Mr. thank my good friends on both sides of manufacture, production, or importation of BURNS, Mr. CHAFEE, Mr. the aisle for supporting this important the computer. For purposes of this para- legislation. I urge others to join us in graph, the lease of a computer shall be con- CHAMBLISS, Mr. COCHRAN, Mr. sidered a sale of the computer at retail. DURBIN, Mr. FEINGOLD, Mr. remembering the selfless deeds of Dr. (9) INFORMATION COLLECTION FEATURE.—The JOHNSON, Mr. LEVIN, Mr. Martin Luther King, Jr., by cospon- term ‘‘information collection feature’’ LIEBERMAN, Mr. LUGAR, Mr. soring this bill.

VerDate jul 14 2003 00:02 Feb 28, 2004 Jkt 029060 PO 00000 Frm 00043 Fmt 4637 Sfmt 0634 E:\CR\FM\A27FE6.030 S27PT1 S1896 CONGRESSIONAL RECORD — SENATE February 27, 2004 SUBMITTED RESOLUTIONS At the appropriate place, insert the fol- notified of the Senate’s action, and the lowing: Senate return to legislative session. SEC. . AMENDMENTS TO BRADY HANDGUN VIO- The PRESIDENT pro tempore. Is SENATE RESOLUTION 306—DESIG- LENCE PREVENTION ACT. there objection? NATING MARCH 2, 2004, AS ‘‘READ (a) SHORT TITLE.—This section may be Without objection, it is so ordered. ACROSS AMERICA DAY’’ cited as the ‘‘Terrorist Apprehension Act’’. The nominations considered and con- (b) AMENDMENTS.—Section 103 of the Brady Ms. COLLINS (for herself and Mr. Handgun Violence Prevention Act (18 U.S.C. firmed are as follows: REED) submitted the following resolu- 922 note) is amended— IN THE MARINE CORPS tion; which was referred to the Com- (1) in subsection (i), by striking ‘‘No de- The following named officer for appoint- mittee on the Judiciary: partment’’ and inserting ‘‘Except as provided ment in the United States Marine Corps Re- S. RES. 306 in subsection (j), no department’’; serve to the grade indicated under title 10, U.S.C., section 12203: Whereas reading is a basic requirement for (2) by redesignating subsections (j) and (k) quality education and professional success, as subsections (k) and (l), respectively; and To be major general and source of pleasure throughout life; (3) by inserting after subsection (i) the fol- Brig. Gen Douglas V. O’Dell, Jr. lowing: Whereas the people of the United States NOMINATIONS PLACED ON THE SECRETARY’S ‘‘(j) TERRORIST APPREHENSION.— must be able to read if the United States is DESK ‘‘(1) INITIAL NOTIFICATION.—If the system to remain competitive in the global econ- IN THE AIR FORCE omy; established under this section determines PN1046 Air Force nominations (21) begin- Whereas Congress, through the No Child that a prospective transferee is listed in the ning MICHEL L. BUNNING, and ending Left Behind Act of 2001 (Public Law 107–110) Violent Gang and Terrorist Organization file DEBRA M. NIEMEYER, which nominations and the new Reading First, Early Reading or a similar terrorist watch list, regardless were received by the Senate and appeared in First, and Improving Literacy Through of the eligibility of such person to purchase the Congressional Record of October 16, 2003. School Libraries programs, has placed great a firearm, the system shall provide this in- PN1052 Air Force nominations (1277) begin- emphasis on reading intervention and addi- formation to the employee at the Criminal ning RAAN R. AALGAARD, and ending STE- tional resources for reading assistance; and Justice Information Services Division of the VEN R. ZWICKER, which nominations were Whereas more than 40 national associa- Federal Bureau of Investigation that is ac- received by the Senate and appeared in the tions concerned about reading and education cessing the national instant criminal back- ground check system (referred to in this sub- Congressional Record of October 16, 2003. have joined with the National Education As- PN1276 Air Force nominations of Lindsey sociation to use March 2, the anniversary of section as the ‘NICS operator’). ‘‘(2) NOTIFICATION OF LAW ENFORCEMENT.— O. Graham, which was received by the Sen- the birth of Theodor Geisel, also known as ate and appeared in the Congressional Dr. Seuss, to celebrate reading: Now, there- Upon receiving information under paragraph (1), the NICS operator shall immediately Record of January 28, 2004. fore, be it PN1277 Air Force nominations (7) begin- Resolved, That the Senate— provide the Federal Bureau of Investigation, ning DONALD L. BUEGE, and ending SAM- (1) designates March 2, 2004, as ‘‘Read the Department of Homeland Security, the UEL R. WEINSTEIN, which nominations Across America Day’’; terrorist task force, and State and local law were received by the Senate and appeared in (2) honors Theodor Geisel, also known as enforcement in the jurisdiction in which the firearm purchase is being attempted with— the Congressional Record of January 28, 2004. Dr. Seuss, for his success in encouraging PN1278 Air Force nominations (7) begin- children to discover the joy of reading; ‘‘(A) the name, date of birth, and any other identifying information reported by the pro- ning ALAN C. DICKERSON, and ending (3) encourages parents to read with their CAMILLE PHILLIPS, which nominations children for at least 30 minutes on Read spective transferee; ‘‘(B) the time and place of the attempted were received by the Senate and appeared in Across America Day in honor of Dr. Seuss the Congressional Record of January 28, 2004. and in celebration of reading; and firearm purchase; and ‘‘(C) the type of weapon, if known, that the PN1279 Air Force nominations (12) begin- (4) requests that the President issue a ning WALTER F. BURGHARDT, JR., and proclamation calling on the people of the prospective transferee attempted to pur- chase. ending PHILLIP Y. YOSHIMURA, which United States to observe the day with appro- nominations were received by the Senate and priate ceremonies and activities. ‘‘(3) NOTIFICATION OF ORIGINATING AGENCY.— In addition to the notifications under para- appeared in the Congressional Record of Jan- f graph (2), the NICS operator shall imme- uary 28, 2004. PN1280 Air Force nominations (22) begin- TEXT OF AMENDMENTS diately provide the agency that placed the name of the suspected terrorist on the ter- ning MONICA M. ALLISONCERUTI, and SA 2631. Mr. LEVIN proposed an rorist watch list with the information de- ending MARK J. YOST, which nominations amendment to the bill S. 1805, to pro- scribed in subparagraphs (A) through (C) of were received by the Senate and appeared in hibit civil liability actions from being paragraph (2).’’. the Congressional Record of January 28, 2004. brought or continued against manufac- PN1281 Air Force nominations (25) begin- ning PATRICIA S. ANGELILAMB, and end- turers, distributors, dealers, or import- SA 2633. Mr. LAUTENBERG proposed ing KATHLEEN L. ZYGOWICZ, which nomi- ers of firearms or ammunition for dam- an amendment to the bill S. 1805, to nations were received by the Senate and ap- ages resulting from the misuse of their prohibit civil liability actions from peared in the Congressional Record of Janu- products by others; as follows: being brought or continued against ary 28, 2004. On page 11, after line 19, add the following: manufacturers, distributors, dealers, or PN1284 Air Force nominations (21) begin- SEC. 5. GROSS NEGLIGENCE OR RECKLESS CON- importers of firearms or ammunition ning MICHAEL A. ALDAY, and ending DUCT. for damages resulting from the misuse DAVID J. SNELL, which nominations were (a) IN GENERAL.—None of the provisions in of their products by others; as follows: received by the Senate and appeared in the the Act shall be construed to prohibit a civil Congressional Record of January 28, 2004. liability action from being brought or con- On page 9, between lines 2 and 3, insert the PN1344 Air Force nominations of Virginia tinued against a person if that person’s own following: A. Schneider, which was received by the Sen- gross negligence or reckless conduct was a ‘‘(vi) any action involving injury to chil- ate and appeared in the Congressional proximate cause of death or injury. dren.’’. Record of February 11, 2004. (b) DEFINITIONS.—As used in this section— f PN1345 Air Force nominations (2) begin- (1) the term ‘‘gross negligence’’ has the ning PERRY L. AMERINE, and ending meaning given the term in subsection (b)(7) EXECUTIVE SESSION JAMES R. PATTERSON, which nominations of the Bill Emerson Good Samaritan Food were received by the Senate and appeared in Donation Act (42 U.S.C. 1791(b)(7)); and the Congressional Record of February 11, (2) the term ‘‘reckless’’ has the meaning EXECUTIVE CALENDAR 2004. PN1346 Air Force nominations (5) begin- given the term in the application notes Mr. FRIST. Mr. President, I ask under section 2A1.4 of the Federal Sen- ning STEWART J. HAZEL, and ending WIL- tencing Guidelines Manual. unanimous consent that the Senate im- LIAM W. POND, which nominations were re- mediately proceed to executive session ceived by the Senate and appeared in the SA 2632. Mr. LAUTENBERG proposed to consider the following nominations Congressional Record of February 11, 2004. an amendment to the bill S. 1805, to on today’s Executive Calendar: Cal- PN1347 Air Force nominations (5) begin- prohibit civil liability actions from endar No. 555, and all nominations on ning WILLIAM E. ENRIGHT, JR., and ending being brought or continued against the Secretary’s desk. MICHAEL F. VANHOOMISSEN, which nomi- nations were received by the Senate and ap- manufacturers, distributors, dealers, or I further ask unanimous consent that peared in the Congressional Record of Feb- importers of firearms or ammunition the above listed nominations be con- ruary 11, 2004. for damages resulting from the misuse firmed, the motions to reconsider be PN1348 Air Force nomination of Collen B. of their products by others; as follows: laid upon the table, the President be Hough, which was received by the Senate

VerDate Sep 11 2014 09:33 Jul 25, 2019 Jkt 000000 PO 00000 Frm 00044 Fmt 4637 Sfmt 0634 C:\ERIC\CONGRESSIONAL RECORD SSN FILES_2\S27FE4.REC S27FE4 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 27, 2004 CONGRESSIONAL RECORD — SENATE S1897 and appeared in the Congressional Record of received by the Senate and appeared in the Mr. FRIST. Mr. President, I object to February 11, 2004. Congressional Record of February 2, 2004. further proceedings on the measure at PN1349 Air Force nominations (37) begin- PN1305 Marine Corps nomination of Paul J. this time. ning NORMA L. ALLGOOD, and ending Smith, which was received by the Senate and The PRESIDENT pro tempore. Objec- MATTHEW P. * WICKLUND, which nomina- appeared in the Congressional Record of Feb- tion is heard. The bill will be placed on tions were received by the Senate and ap- ruary 2, 2004. peared in the Congressional Record of Feb- PN1306 Marine Corps nominations (2) be- the calendar. ruary 11, 2004. ginning RICHARD D. BEDFORD, and ending f PN1350 Air Force nominations (33) begin- JAMES D. MCCOY, which nominations were DISCHARGE AND REFERRAL OF ning RICHARD C. BATZER, and ending received by the Senate and appeared in the RICHARD I. VANCE, which nominations Congressional Record of February 2, 2004. H.R. 2584 were received by the Senate and appeared in PN1307 Marine Corps nominations (4) be- Mr. FRIST. Mr. President, I ask the Congressional Record of February 11, ginning SAMUEL E. DAVIS, and ending unanimous consent that the Energy 2004. DAVID H. STEPHENS, which nominations Committee be discharged from further PN1351 Air Force nominations (56) begin- were received by the Senate and appeared in consideration of H.R. 2584, and that the ning JOHN A. ALEXANDER, and ending the Congressional Record of February 2, 2004. JOHN A. WISNIEWSKI, JR., which nomina- bill then be referred to the Commerce PN1308 Marine Corps nomination of Donald Committee. tions were received by the Senate and ap- L. Bohannon, which was received by the Sen- peared in the Congressional Record of Feb- ate and appeared in the Congressional The PRESIDENT pro tempore. Is ruary 11, 2004. Record of February 2, 2004. there objection? PN1352 Air Force nomination (119) begin- PN1309 Marine Corps nominations (7) be- Without objection, it is so ordered. ning TODD B. * ABEL, and ending GIANNA ginning PETER D. CHARBONEAU, and end- f R. ZEH, which nominations were received by ing JOHN A. TANINECZ, which nominations the Senate and appeared in the Congres- were received by the Senate and appeared in THE SENATE THIS WEEK sional Record of February 11, 2004. the Congressional Record of February 2, 2004. Mr. FRIST. Mr. President, we will be PN1353 Air Force nominations (17) begin- PN1310 Marine Corps nominations (11) be- wrapping up very shortly for the week. ning DOUGLAS P. * BETHONEY, and ending ginning JOHN M. BISHOP, and ending JEF- Because it has been a very busy week, DOUGLAS E. *THOMAS, which nominations FREY W. SMITH, which nominations were I would like to run through the were received by the Senate and appeared in received by the Senate and appeared in the the Congressional Record of February 11, progress that has been made. We have Congressional Record of February 2, 2004. proceeded in step-wise fashion and ad- 2004. PN1323 Marine Corps nominations (2) be- PN1354 Air Force nominations (370) begin- ginning BALWINDAR K. vanced the business of this body in a ning ADAM M. ANDERSON, and ending RAWALAYVANDEVOORT, and ending very thoughtful way. We started the DAVID J. ZOLLINGER, which nominations TROY A. TYRE, which nominations were re- week hoping to consider the OB/GYN were received by the Senate and appeared in ceived by the Senate and appeared in the medical liability bill, aptly entitled the Congressional Record of February 11, Congressional Record of February 5, 2004. ‘‘Healthy Mothers and Healthy Babies 2004. PN1357 Marine Corps nomination of Steve Access Care Act.’’ We debated the issue PN1355 Air Force nominations (43) begin- E. Howell, which was received by the Senate on Monday and Tuesday but, unfortu- ning MARY J. BARNES, and ending KARYN and appeared in the Congressional Record of E. YOUNGCARIGNAN, which nominations nately, were prevented from formally February 11, 2004. going to the bill. A cloture motion was were received by the Senate and appeared in PN1358 Marine Corps nomination Richard the Congressional Record of February 11, K. Rohr, which was received by the Senate filed on the motion to proceed. 2004. and appeared in the Congressional Record of I also want to thank our colleagues, IN THE ARMY February 11, 2004. Senator ENSIGN and Senator GREGG, for PN1282 Army nomination of Edward M. PN1360 Marine Corps nomination of Wil- their real leadership on this particular Willis, which was received by the Senate and liam E. Hidle, which was received by the issue. As we closed that debate, it was appeared in the Congressional Record of Jan- Senate and appeared in the Congressional clear—as both sides stated—that we uary 28, 2004. Record of February 11, 2004. were going to have to come back and PN1299 Army nominations (34) beginning PN1362 Marine Corps nominations (4) be- address the liability issues, and we will JAMES R. AGAR, II, and ending NOEL L. ginning RONALD W. COCHRAN, and ending bring it back before the Senate again. WOODWARD, which nominations were re- PAUL J. MINER, which nominations were S. 1805, the gun manufacturers’ li- received by the Senate and appeared in the ceived by the Senate and appeared in the ability bill, which is more formally Congressional Record of February 2, 2004. Congressional Record of February 11, 2004. PN1322 Army nominations (56) beginning PN1363 Marine Corps nomination of Todd called the Protection of Lawful Com- JEREMY A. BALL, and ending MICHAEL C. P. Ohman, which was received by the Senate merce in Arms Act, was then ad- * WONG, which nominations were received and appeared in the Congressional Record of dressed, continues to be addressed by the Senate and appeared in the Congres- February 11, 2004. through today. I commend our leader, sional Record of February 5, 2004. PN1364 Marine Corps nominations (3) be- Senator CRAIG, for his leadership. PN1356 Army nominations (2) beginning ginning MICHAEL E. BEAN, and ending We do plan on proceeding and having DAVID H. FORDEN, and ending GERALD E. WALTON S. PITCHFORD, which nomina- a final vote on this bill Tuesday. There STONE, which nominations were received by tions were received by the Senate and ap- was an objection to proceeding from the Senate and appeared in the Congres- peared in the Congressional Record of Feb- sional Record of February 11, 2004. ruary 11, 2004. the Democratic side of the aisle ini- tially on that bill and thus we had to IN THE MARINE CORPS f file, once again, a cloture motion. We PN1300 Marine Corps nominations (6) be- LEGISLATIVE SESSION ginning RANDY M. ADAIR, and ending AN- prevailed on that cloture motion to DREW N. SULLIVAN, which nominations The PRESIDENT pro tempore. proceed by a vote of 75 to 22, and thus were received by the Senate and appeared in Under the previous order, the Senate we were able to get on the bill and de- the Congressional Record of February 2, 2004. will return to legislative session. bate the bill. PN1301 Marine Corps nominations (4) be- We were able to lock in the agree- ginning JOSE GONZALEZ, and ending JEF- f ment limiting amendments to the gun FREY G. YOUNG, which nominations were MEASURE PLACED ON THE liability bill, and during Thursday and received by the Senate and appeared in the CALENDAR—S. 2137 Friday’s session we have considered 16 Congressional Record of February 2, 2004. PN1302 Marine Corps nominations (4) be- Mr. FRIST. Mr. President, I under- amendments. We disposed of eight of ginning EDWIN N. LLANTOS, and ending stand that S. 2137 is at the desk and is those amendments, conducted six roll- MATTHEW E. SUTTON, which nominations due for a second reading. call votes on Thursday. Under the were received by the Senate and appeared in The PRESIDENT pro tempore. The agreement, we will pass the legislation the Congressional Record of February 2, 2004. clerk will read the title of the bill for on Tuesday. The House passed their PN1303 Marine Corps nominations (3) be- a second time. version of this bill April 19th of last ginning THOMAS E. BLAKE, and ending The assistant legislative clerk read year. I hope we will be able to proceed JAMES A. GRIFFITHS, which nominations on a conference on this bipartisan leg- were received by the Senate and appeared in as follows: the Congressional Record of February 2, 2004. A bill (S. 2137) to authorize the Secretary islation so we can reconcile the dif- PN1304 Marine Corps nominations (3) be- of Health and Human Services to promulgate ferences. Again, I understand there is ginning GERALD A. CUMMINGS, and ending regulations for the reimportation of pre- an objection to proceeding to a con- JOHN M. MCKEON, which nominations were scription drugs, and for other purposes. ference from the other side of the aisle,

VerDate jul 14 2003 00:02 Feb 28, 2004 Jkt 029060 PO 00000 Frm 00045 Fmt 4637 Sfmt 0634 E:\CR\FM\A27FE6.028 S27PT1 S1898 CONGRESSIONAL RECORD — SENATE February 27, 2004 but we will continue to discuss with They have been on the floor constantly PEARED IN THE CONGRESSIONAL RECORD ON JANUARY 28, 2004. the Democratic leadership how we can for the past 3 days, working through AIR FORCE NOMINATIONS BEGINNING ALAN C. best proceed to conference. amendments and moving this bill for- DICKERSON AND ENDING CAMILLE PHILLIPS, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- Finally, just a few moments ago, we ward. Through their efforts and a lot of PEARED IN THE CONGRESSIONAL RECORD ON JANUARY passed H.R. 3850, a 2-month extension hard work, we are poised to finish the 28, 2004. AIR FORCE NOMINATIONS BEGINNING WALTER F. of the highway bill. As we witnessed bill Tuesday of next week. Again, they BURGHARDT, JR. AND ENDING PHILLIP Y. YOSHIMURA, over the course of the day, it has re- should be complimented. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON quired a lot in terms of discussions I inform all my colleagues we will JANUARY 28, 2004. among colleagues in this body with have a vote on an amendment to the AIR FORCE NOMINATIONS BEGINNING MONICA M. ALLISONCERUTI AND ENDING MARK J. YOST, WHICH Members of the House of Representa- bill Monday afternoon. Senators should NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- tives, but I am pleased to announce we expect that vote in relation to the PEARED IN THE CONGRESSIONAL RECORD ON JANUARY 28, 2004. have reached a satisfactory conclusion Bingaman definition amendment to AIR FORCE NOMINATIONS BEGINNING PATRICIA S. for all parties involved. I thank all the occur promptly at 5 p.m. ANGELILAMB AND ENDING KATHLEEN L. ZYGOWICZ, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE Senators who were just appropriately Mr. REID. I wonder, with the easy AND APPEARED IN THE CONGRESSIONAL RECORD ON thanked for their participation. week the majority leader has had this JANUARY 28, 2004. Again, the 5,000 Transportation em- AIR FORCE NOMINATIONS BEGINNING MICHAEL A. week, could you tell us what we will do ALDAY AND ENDING DAVID J. SNELL, WHICH NOMINA- ployees who were at risk of not being after we finish the gun liability legisla- TIONS WERE RECEIVED BY THE SENATE AND APPEARED able to go to work and being paid for IN THE CONGRESSIONAL RECORD ON JANUARY 28, 2004. tion? AIR FORCE NOMINATION OF VIRGINIA A. SCHNEIDER. work on Monday can rest now and, in- Mr. FRIST. Through the Chair, Mr. AIR FORCE NOMINATIONS BEGINNING PERRY L. deed, will receive both those checks AMERINE AND ENDING JAMES R. PATTERSON, WHICH President, we have the agreement to NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- and show up for work on Monday. complete the gun liability legislation PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY Tuesday. It is our plan, although I 11, 2004. f AIR FORCE NOMINATIONS BEGINNING STEWART J. want to discuss it further with the HAZEL AND ENDING WILLIAM W. POND, WHICH NOMINA- ORDERS FOR MONDAY, MARCH 1, Democratic leadership and also my col- TIONS WERE RECEIVED BY THE SENATE AND APPEARED 2004 IN THE CONGRESSIONAL RECORD ON FEBRUARY 11, 2004. leagues, but the plans are at this junc- AIR FORCE NOMINATIONS BEGINNING WILLIAM E. Mr. FRIST. I ask unanimous consent ture to continue with the manufac- ENRIGHT, JR. AND ENDING MICHAEL F. VANHOOMISSEN, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE that when the Senate completes its turing bill called FSC/ETI. There is a AND APPEARED IN THE CONGRESSIONAL RECORD ON business today, it adjourn until 12 noon deadline we are all familiar with of FEBRUARY 11, 2004. AIR FORCE NOMINATION OF COLLEN B. HOUGH. Monday, March 1. I further ask that March 1. This bill has been taken AIR FORCE NOMINATIONS BEGINNING NORMA L. following the prayer and pledge, the through committee and we will be ad- ALLGOOD AND ENDING MATTHEW P. * WICKLUND, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- morning hour be deemed expired, the dressing it on the floor. The House has PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY Journal of proceedings be approved to not yet addressed it. 11, 2004. AIR FORCE NOMINATIONS BEGINNING RICHARD C. date, the time for the two leaders be It is my intention, at this point in BATZER AND ENDING RICHARD I. VANCE, WHICH NOMINA- reserved for their use later in the day, time—again, it could be subject to TIONS WERE RECEIVED BY THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY 11, 2004. and the Senate then resume consider- change—to proceed with FSC/ETI. AIR FORCE NOMINATIONS BEGINNING JOHN A. ALEX- ation of S. 1805, the gun liability bill; ANDER AND ENDING JOHN A. WISNIEWSKI, JR., WHICH f NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- provided that there be 4 hours of de- PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY bate with the following Senators to ADJOURNMENT UNTIL MONDAY, 11, 2004. AIR FORCE NOMINATIONS BEGINNING TODD B. * ABEL control the time: Senator MCCAIN or MARCH 1, 2004 AND ENDING GIANNA R. ZEH, WHICH NOMINATIONS WERE his designee, 1 hour; Senator FEINSTEIN RECEIVED BY THE SENATE AND APPEARED IN THE CON- Mr. FRIST. Mr. President, if there is GRESSIONAL RECORD ON FEBRUARY 11, 2004. RAIG or her designee, 1 hour; Senator C no further business to come before the AIR FORCE NOMINATIONS BEGINNING DOUGLAS P. * or his designee, 2 hours; provided fur- BETHONEY AND ENDING DOUGLAS E. * THOMAS, WHICH Senate, I ask unanimous consent the NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- ther that at 4 p.m. Senator BINGAMAN Senate stand in adjournment under the PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY be recognized to offer his definition previous order. 11, 2004. amendment, and the time until 5 p.m. AIR FORCE NOMINATIONS BEGINNING ADAM M. ANDER- There being no objection, the Senate, SON AND ENDING DAVID J. ZOLLINGER, WHICH NOMINA- be equally divided between Senators at 4:41 p.m., adjourned until Monday, TIONS WERE RECEIVED BY THE SENATE AND APPEARED CRAIG and BINGAMAN; provided further IN THE CONGRESSIONAL RECORD ON FEBRUARY 11, 2004. March 1, 2004, at 12 noon. AIR FORCE NOMINATIONS BEGINNING MARYA J. that at 5 p.m. the Senate will proceed BARNES AND ENDING KARYN E. YOUNGCARIGNAN, WHICH f NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- to a vote in relation to the Bingaman PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY amendment without any intervening CONFIRMATIONS 11, 2004. action or debate, and following the dis- ARMY NOMINATION OF EDWARD M. WILLIS. Executive nominations confirmed by ARMY NOMINATIONS BEGINNING JAMES R. AGAR II position of the amendment, the Senate AND ENDING NOEL L. WOODWARD, WHICH NOMINATIONS the Senate February 27, 2004: WERE RECEIVED BY THE SENATE AND APPEARED IN THE resume consideration of the Levin CONGRESSIONAL RECORD ON FEBRUARY 2, 2004. amendment numbered 2631. IN THE MARINE CORPS ARMY NOMINATIONS BEGINNING JEREMY A. BALL AND The PRESIDENT pro tempore. With- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ENDING MICHAEL C. * WONG, WHICH NOMINATIONS WERE IN THE UNITED STATES MARINE CORPS RESERVE TO THE RECEIVED BY THE SENATE AND APPEARED IN THE CON- out objection, it is so ordered. GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: GRESSIONAL RECORD ON FEBRUARY 5, 2004. ARMY NOMINATIONS BEGINNING DAVID H. FORDEN f To be major general AND ENDING GERALD E. STONE, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND APPEARED IN THE BRIG. GEN. DOUGLAS V. O’DELL, JR. PROGRAM CONGRESSIONAL RECORD ON FEBRUARY 11, 2004. AIR FORCE NOMINATIONS BEGINNING MICHEL L. MARINE CORPS NOMINATIONS BEGINNING RANDY M. Mr. FRIST. On Monday, the Senate BUNNING AND ENDING DEBRA M. NIEMEYER, WHICH ADAIR AND ENDING ANDREW N. SULLIVAN, WHICH NOMI- will resume consideration of S. 1805, NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- NATIONS WERE RECEIVED BY THE SENATE AND AP- PEARED IN THE CONGRESSIONAL RECORD ON OCTOBER PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY the gun liability bill. There are a num- 16, 2003. 2, 2004. ber of Senators who will be here to de- AIR FORCE NOMINATIONS BEGINNING RAAN R. MARINE CORPS NOMINATIONS BEGINNING JOSE GON- AALGAARD AND ENDING STEVEN R. ZWICKER, WHICH ZALEZ AND ENDING JEFFREY G. YOUNG, WHICH NOMINA- bate the remaining amendments and NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- TIONS WERE RECEIVED BY THE SENATE AND APPEARED there will be adequate time for debate PEARED IN THE CONGRESSIONAL RECORD ON OCTOBER IN THE CONGRESSIONAL RECORD ON FEBRUARY 2, 2004. 16, 2003. MARINE CORPS NOMINATIONS BEGINNING EDWIN N. on Monday. AIR FORCE NOMINATION OF LINDSEY O. GRAHAM. LLANTOS AND ENDING MATTHEW E. SUTTON, WHICH I sincerely thank the bill managers AIR FORCE NOMINATIONS BEGINNING DONALD L. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- BUEGE AND ENDING SAMUEL R. WEINSTEIN, WHICH PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY for their hard work on this legislation. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- 2, 2004.

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MARINE CORPS NOMINATIONS BEGINNING THOMAS E. TIONS WERE RECEIVED BY THE SENATE AND APPEARED AND APPEARED IN THE CONGRESSIONAL RECORD ON BLAKE AND ENDING JAMES A. GRIFFITHS, WHICH NOMI- IN THE CONGRESSIONAL RECORD ON FEBRUARY 2, 2004. FEBRUARY 5, 2004. NATIONS WERE RECEIVED BY THE SENATE AND AP- MARINE CORPS NOMINATION OF DONALD L.BOHANNON. MARINE CORPS NOMINATION OF STEVE E. HOWELL. PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY MARINE CORPS NOMINATIONS BEGINNING PETER D. MARINE CORPS NOMINATION OF RICHARD K. ROHR. 2, 2004. CHARBONEAU AND ENDING JOHN A. TANINECZ, WHICH MARINE CORPS NOMINATION OF WILLIAM E. HIDLE. MARINE CORPS NOMINATIONS BEGINNING GERLAD A. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- MARINE CORPS NOMINATIONS BEGINNING RONALD W. CUMMINGS AND ENDING JOHN M. MCKEON, WHICH NOMI- PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY COCHRAN AND ENDING PAUL J. MINER, WHICH NOMINA- NATIONS WERE RECEIVED BY THE SENATE AND AP- 2, 2004. PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY TIONS WERE RECEIVED BY THE SENATE AND APPEARED MARINE CORPS NOMINATIONS BEGINNING JOHN M. 2, 2004. IN THE CONGRESSIONAL RECORD ON FEBRUARY 11, 2004. MARINE CORPS NOMINATION OF PAUL J. SMITH. BISHOP AND ENDING JEFFREY W. SMITH, WHICH NOMI- MARINE CORPS NOMINATION OF TODD P. OHMAN. MARINE CORPS NOMINATIONS BEGINNING RICHARD D. NATIONS WERE RECEIVED BY THE SENATE AND AP- MARINE CORPS NOMINATIONS BEGINNING MICHAEL E. BEDFORD AND ENDING JAMES D. MCCOY, WHICH NOMINA- PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY BEAN AND ENDING WALTON S. PITCHFORD, WHICH NOMI- TIONS WERE RECEIVED BY THE SENATE AND APPEARED 2, 2004, NATIONS WERE RECEIVED BY THE SENATE AND AP- IN THE CONGRESSIONAL RECORD ON FEBRUARY 2, 2004. MARINE CORPS NOMINATIONS BEGINNING BALWINDAR PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY MARINE CORPS NOMINATIONS BEGINNING SAMUEL E. K. RAWALAYVANDEVOORT AND ENDING TROY A. TYRE, 11, 2004. DAVIS AND ENDING DAVID H. STEPHENS, WHICH NOMINA- WHICH NOMINATIONS WERE RECEIVED BY THE SENATE

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HIGHLIGHTS Senate passed H.R. 3850, Surface Transportation Extension Act. Senate Craig (for Frist/Craig) Amendment No. 2625, to Chamber Action regulate the sale and possession of armor piercing Routine Proceedings, pages S1853–S1899 ammunition. Page S1860 Measures Introduced: Five bills and one resolution Levin Amendment No. 2631, to exempt any civil were introduced, as follows: S. 2142–2146, and S. action against a person from the provisions of the Res. 306. Page S1891 bill if the gross negligence or reckless conduct of the person proximately caused death or injury. Measures Passed: Pages S1864–65, S1867–71 9/11 Commission Extension: Senate passed S. Warner Amendment No. 2624, to improve pa- 2136, to extend the final report date and termi- tient access to health care services and provide im- nation date of the National Commission on Terrorist proved medical care by reducing the excessive bur- Attacks Upon the United States, to provide addi- den the liability system places on the health care de- tional funding for the Commission. Page S1856 livery system. Page S1865 Lautenberg Amendment No. 2632, to require that Surface Transportation Extension Act: Senate certain notifications occur whenever a query to the passed H.R. 3850, to provide an extension of high- National Instant Criminal Background Check System way, highway safety, motor carrier safety, transit, reveals that a person listed in the Violent Gang and and other programs funded out of the Highway Terrorist Organization File is attempting to purchase Trust Fund pending enactment of a law reauthor- a firearm. Pages S1871–72 izing the Transportation Equity Act for the 21st Lautenberg Amendment No. 2633, to exempt Century, clearing the measure for the President. lawsuits involving injuries to children from the defi- Page S1884 nition of qualified civil liability action. Protection of Lawful Commerce In Arms Act: Pages S1872–73 Senate continued consideration of S. 1805, to pro- A unanimous-consent agreement reached pro- hibit civil liability actions from being brought or viding for further consideration of the bill at 12 continued against manufacturers, distributors, deal- noon, on Monday, March 1, 2004, with four hours ers, or importers of firearms or ammunition for dam- for debate; further, at 4 p.m., Senator Bingaman will ages resulting from the misuse of their products by be recognized to offer an amendment, with a vote to others, taking action on the following amendments occur thereon at 5 p.m. Page S1898 proposed thereto: Pages S1860–73 International Fisheries Reauthorization Act—Re- Pending: ferral Agreement: A unanimous-consent agreement Hatch (for Campbell) Amendment No. 2623, to reached providing that the Committee on Energy amend title 18, United States Code, to exempt and Natural Resources be discharged from further qualified current and former law enforcement officers consideration of H.R. 2584, to provide for the con- from State laws prohibiting the carrying of concealed veyance to the Utrok Atoll local government of a de- handguns. Page S1860 commissioned National Oceanic and Atmospheric Kennedy Amendment No. 2619, to expand the Administration ship, and the bill then be referred to definition of armor piercing ammunition and to re- the Committee on Commerce, Science, and Trans- quire the Attorney General to promulgate standards portation. Page S1897 for the uniform testing of projectiles against body Nominations Confirmed: Senate confirmed the fol- armor. Page S1860 lowing nominations: D129

VerDate jul 14 2003 01:36 Feb 28, 2004 Jkt 029060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D27FE4.REC D27FE4 D130 CONGRESSIONAL RECORD — DAILY DIGEST February 27, 2004 1 Marine Corps nomination in the rank of general. Text of S. 1072, as Previously Passed: (See Record Routine lists in the Air Force, Army, Marine of 2–26–04) Pages S1702–S1848 Corps. Pages S1898–99 Adjournment: Senate convened at 9:32 a.m., and Measures Referred: Pages S1890–91 adjourned at 4:41 p.m., until 12 noon, on Monday, Measures Placed on Calendar: Page S1891 March 1, 2004. (For Senate’s program, see the re- marks of the Majority Leader in today’s Record on Additional Cosponsors: Pages S1891–92 page S1898.) Statements on Introduced Bills/Resolutions: Pages S1892–95 Additional Statements: Page S1890 Committee Meetings No committee meetings were held. Amendments Submitted: Page S1892 h House of Representatives March 2, Subcommittee on Commerce, Justice, State, Chamber Action and the Judiciary, to hold hearings to examine proposed The House was not in session today. The House budget estimates for fiscal year 2005 for the Department will meet on Monday, March 1, in pro forma session. of Commerce, 10 a.m., SD–192. March 2, Subcommittee on Homeland Security, to hold Committee Meetings hearings to examine proposed budget estimates for fiscal No committee meetings were held. year 2005 for science and technology programs, informa- tion analysis, and infrastructure protection, 10 a.m., f SD–124. CONGRESSIONAL PROGRAM AHEAD March 3, Subcommittee on Energy and Water Devel- opment, to hold hearings to examine proposed budget es- Week of March 1 through March 6, 2004 timates for fiscal year 2005 for the Department of Ener- gy’s Office of Science, Office of Nuclear Energy, Science Senate Chamber and Technology, and Office of Energy Efficiency and Re- On Monday, at 12 noon, Senate will resume con- newable Energy, 10 a.m., SD–138. sideration of S. 1805, Protection of Lawful Com- March 3, Subcommittee on District of Columbia, to merce in Arms Act, with four hours for debate; fur- hold hearings to examine proposed budget estimates for ther, at 4 p.m., Senator Bingaman will be recognized fiscal year 2005 for the government of the District of Co- to offer an amendment, with a vote to occur thereon lumbia, focusing on Court Services, Offender Supervision at 5 p.m. Agency, and the Public Defender Service, 10:30 a.m., On Tuesday, at 9:30 a.m., Senate will continue SD–124. March 3, Subcommittee on Defense, to hold hearings consideration of the bill, with votes on or in relation to examine proposed budget estimates for fiscal year 2005 to certain pending amendments, including a vote on for the Department of Defense, 10:30 a.m., SD–192. final passage of the bill. March 4, Subcommittee on Interior, to hold hearings During the balance of the week, Senate may con- to examine proposed budget estimates for fiscal year 2005 sider any other cleared legislative and executive busi- for the Department of Energy, 9:30 a.m., SD–124. ness. March 4, Subcommittee on Labor, Health and Human Senate Committees Services, and Education, to hold hearings to examine pro- posed budget estimates for fiscal year 2005 for the De- (Committee meetings are open unless otherwise indicated) partment of Education, 9:30 a.m., SD–192. Committee on Agriculture, Nutrition, and Forestry: March March 4, Subcommittee on VA, HUD, and Inde- 4, Subcommittee on Marketing, Inspection, and Product pendent Agencies, to hold hearings to examine proposed Promotion, to hold oversight hearings to examine the de- budget estimates for fiscal year 2005 for the Department velopment of a national animal identification plan, 2 of Veterans Affairs, 10 a.m., SD–628. p.m., SH–216. March 4, Subcommittee on Legislative Branch, to hold Committee on Appropriations: March 1, Subcommittee on hearings to examine proposed budget estimates for fiscal Defense, to hold hearings to examine proposed budget es- year 2005 for the General Accounting Office, the Gov- timates for fiscal year 2005 for the Department of De- ernment Printing Office, and the Congressional Budget fense, 10:30 a.m., SD–192. Office, 11 a.m. SD–116.

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Committee on Armed Services: March 2, to hold hearings and to facilitate public opportunities for the recreational to examine the defense authorization request for fiscal use and enjoyment of such land, 2:30 p.m., SD–366. 2005 and the future years defense program, 9:30 a.m., March 4, Full Committee, to hold hearings to examine SH–216. the Energy Information Administration (EIA) Annual En- March 2, Subcommittee on Personnel, to hold hearings ergy Outlook 2004 forecast regarding the supply, de- to examine active component, Reserve component and ci- mand, and price projections for oil, natural gas, nuclear, vilian personnel programs, in review of the defense au- coal and renewable sources, including commercial and thorization request for fiscal year 2005, 2:30 p.m., market perspectives on the state of oil and natural gas SR–232A. markets, 10 a.m., SD–366. March 3, Subcommittee on Emerging Threats and Ca- March 4, Subcommittee on Energy, to hold hearings to pabilities, to hold hearings to examine the role of defense examine new nuclear power generation in the United science and technology in the global war on terrorism and States, 2:30 p.m., SD–366. in preparing for emerging threats in review of the defense Committee on Environment and Public Works: March 3, to authorization request for fiscal year 2005, 9:30 a.m., hold oversight hearings to examine grants management SR–325. within the Environmental Protection Agency, 9:30 a.m., March 3, Subcommittee on SeaPower, to hold hearings SD–406. to examine future Navy and Marine Corps capabilities Commttee on Finance: March 3, to hold hearings to ex- and requirements in review of the defense authorization amine health insurance challenges, 9:30 a.m., SD–215. request for fiscal year 2005 and the future years defense Committee on Foreign Relations: March 2, to hold over- program, 2 p.m., SR–232A. sight hearings to examine certain foreign assistance pro- March 4, Full Committee, to hold open and closed grams, 9 a.m., SD–419. hearings to examine the Defense Authorization Request March 2, Full Committee, to hold hearings to examine for Fiscal Year 2005, focusing on military strategy and North Korea’s nuclear situation, 3 p.m., SH–216. operational requirements (closed in SH–219), 9:30 a.m, March 3, Full Committee, to hold hearings to examine SH–216. building operational readiness in Foreign Affairs agencies, March 4, Subcommittee on Personnel, to hold hearings 9:30 a.m., SH–216. to examine compensation, benefits, and health care for ac- March 4, Full Committee, business meeting to consider tive and Reserve military personnel and their families in S. 2096, to promote a free press and open media through review of the defense authorization request for fiscal year the National Endowment for Democracy, S. 2127, to 2005, 2:30 p.m. SR–222. build operational readiness in civilian agencies, and an Committee on Banking, Housing, and Urban Affairs: original bill, entitled Foreign Relations Authorization March 2, to resume hearings to examine current inves- Act, Fiscal Year 2005, to authorize appropriations for the tigations and regulatory actions regarding the mutual Department of State and international broadcasting ac- fund industry, focusing on fund operations and govern- tivities for fiscal year 2005, for the Peace Corps for fiscal ance, 10 a.m., SD–538. year 2005 through 2007, and for foreign assistance pro- Committee on Commerce, Science, and Transportation: March grams for fiscal year 2005, 9:30 a.m, SD–419. 2, Subcommittee on Competition, Foreign Commerce, March 4, Subcommittee on East Asian and Pacific Af- and Infrastructure,, to hold hearings to examine the rise fairs, to hold hearings to examine the state of democracy of obesity in children, 2:30 p.m, SR–253. in Hong Kong, 2:30 p.m., SD–419. March 3, Full Committee, to hold hearings to examine Committee on Governmental Affairs: March 1, Financial the impact of climate change, 9:30 a.m., SR–253. Management, the Budget, and International Security, to March 3, Subcommittee on Science, Technology, and hold hearings to examine the management, investment, Space, to hold hearings to examine impact of abortion on and oversight policies of the federal government’s Thrift women, 2:30 p.m., SR–253. Savings Plan (TSP) to ensure the integrity of federal em- March 4, Full Committee, to hold hearings to examine ployees’ retirement savings, 11 a.m., SD–342. the nomination of Rhonda Keenum, of Mississippi, to be Committee on Health, Education, Labor, and Pensions: Assistant Secretary of Commerce and Director General of March 2, Subcommittee on Substance Abuse and Mental the United States and Foreign Commercial Services, Linda Health Services, to hold hearings to examine suicide pre- Morrison Combs, of North Carolina, to be an Assistant vention and youth, 10 a.m., SD–430. Secretary for Budget and Programs and Chief Financial March 4, Full Committee, to hold hearings to examine Officer, Department of Transportation, W. Douglas issues for reauthorization of the higher education act, 10 Buttrey, of Tennessee, and Francis Mulvey, of Maryland, a.m., SD–430. both to be a Member of the Surface Transportation Committee on Indian Affairs: March 3, to hold oversight Board, 2:30 p.m., SR–253. hearings to examine the status of the completion of the Committee on Energy and Natural Resources: March 2, to National Museum of the American Indian, 10 a.m., hold hearings to examine the President’s proposed fiscal SR–485. year 2005 budget for the Forest Service, 10 a.m., Committee on the Judiciary: March 3, Subcommittee on SD–366. Constitution, Civil Rights and Property Rights, to hold March 3, Subcommittee on Public Lands and Forests, hearings to examine national implications of the Massa- to hold hearings to examine S. 1420, to establish terms chusetts Goodridge decision and the judicial invalidation and conditions for use of certain Federal land by outfitters of traditional marriage laws, 10 a.m., SD–226.

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Committee on Veterans’ Affairs: March 2, to hold hearings March 4, Subcommittee on Homeland Security, on Sec- to examine the final report of the Department of Vet- retary of Homeland Security, 10 a.m., 2359 Rayburn. erans’ Affairs’ Capital Asset Realignment for Enhanced March 4, Subcommittee on Interior and Related Agen- Services (CARES) Commission, 2:15 p.m., SR–418. cies, on Fish and Wildlife Service, 10 a.m., B–308 Ray- March 4, Full Committee, to hold joint hearings with burn. the House Committee on Veterans’ Affairs to examine the March 4, Subcommittee on Labor, Health and Human legislative presentations of the Non-Commissioned Offi- Services, Education and Related Agencies, on Secretary of cers Association, the Military Order of the Purple Heart, Health and Human Services, 10 a.m., 2358 Rayburn. the Paralyzed Veterans of America, the Jewish War Vet- March 4, Subcommittee on Veterans Affairs, HUD and erans, and the Blinded Veterans Association, 10 a.m., 345 Independent Agencies, on EPA, 1:30 p.m., 2359 Ray- CHOB. burn. Select Committee on Intelligence: March 2, closed business Committee on Armed Services, March 3, hearing on the meeting to consider pending intelligence matters, 2:30 Fiscal Year 2005 National Defense Authorization budget p.m., SH–219. request for the Department of Defense, 10 a.m., 2118 March 4, Full Committee, to hold closed hearings to Rayburn. examine certain intelligence matters, 2:30 p.m., SH–219. March 3, Subcommittee on Projection Forces, hearing United States Senate Caucus on International Narcotics Con- on the Fiscal Year 2005 National Defense Authorization trol: March 4, to hold hearings to examine the current budget request—Department of Defense Capabilities for status of federal efforts to coordinate and combat money Conducting Conventional Long-range Strike Operations, laundering and terrorist financing, 2 p.m., SD–215. 2 p.m., 2212 Rayburn. March 3, Subcommittee on Total Force, hearing on the House Chamber Fiscal Year 2005 National Defense Authorization budget To be announced. request on Military Resale and Morale, Welfare and Recreation Programs, 2 p.m., 2118 Rayburn. House Committees March 4, Subcommittee on Readiness, hearing on the Committee on Agriculture, March 3, to consider Commit- Fiscal Year 2005 National Defense Authorization budget tee’s Budget Views and Estimates for Fiscal Year 2005 request—Military Construction Budget Request for the for submission to the Committee on the Budget, 10 a.m., Programs of the Department of the Army and the De- 1300 Longworth. partment of the Navy, 2 p.m., 2118 Rayburn. Committee on Appropriations, March 3, Subcommittee on March 4, Subcommittee on Tactical Air and Land Agriculture, Rural Development, Food and Drug Admin- Forces, hearing on the Fiscal Year 2005 National Defense istration and Related Agencies, on Inspector General, Authorization budget request—Aviation Industrial Base 9:30 a.m., 2362A Rayburn. and Department of Defense Rotorcraft Investment Pro- March 3, Subcommittee on Commerce, Justice, State, grams, 9 a.m., 2118 Rayburn. Judiciary and Related Agencies, on Secretary of State, 2 March 4, Subcommittee on Terrorism, Unconventional p.m., 2359 Rayburn. Threats and Capabilities, hearing on the Fiscal Year 2005 March 3, Subcommittee on Interior and Related Agen- National Defense Authorization Budget Request—De- cies, on Forest Service, 10 a.m., B–308 Rayburn. partment of Defense Responsibilities in Homeland De- March 3, Subcommittee on Labor, Health and Human fense and Homeland Security Missions, 3 p.m., 2212 Services, Education and Related Agencies, on P–16 Edu- Rayburn. cation Systems, 10:15 a.m., 2358 Rayburn. Committee on the Budget, March 3, Members’ Day, 2 March 3, Subcommittee on Military Construction, on p.m., 210 Cannon. Family Housing Privatization, 9:30 a.m., and on Central Committee on Education and the Workforce, March 3, hear- Command Budget Request, 3 p.m., B–300 Rayburn. ing entitled ‘‘No Child Left Behind: Improving Results March 3, Subcommittee on Transportation, Treasury for Children with Disabilities,’’ 10:15 a.m., 2175 Ray- and Independent Agencies, on Secretary of Transpor- burn. tation, 10 a.m., 2358 Rayburn. Committee on Energy and Commerce, March 4, Sub- March 3, Subcommittee on VA, HUD, and Inde- committee on Health, hearing entitled ‘‘Prescription pendent Agencies, on Department of Housing and Urban Drug Monitoring: Strategies to Promote Treatment and Development, 9:30 a.m., 2359 Rayburn. Deter Prescription Drug Abuse,’’ 1 p.m., 2123 Rayburn. March 4, Subcommittee on Agriculture, Rural Devel- March 4, Subcommittee on Oversight and Investiga- opment, Food and Drug Administration and Related tions, hearing entitled ‘‘A Review of Security DOE Nu- Agencies, on Marketing and Regulatory Programs, 9:30 clear Facilities and the Implementation of the Revised a.m., 2362A Rayburn. Design Basis Threat,’’ 11 a.m., 2322 Rayburn. March 4, Subcommittee on Commerce, Justice, State, Committee on Financial Services, March 3, Subcommittee Judiciary and Related Agencies, on Federal Judiciary, 10 on Capital Markets, Insurance, and Government Spon- a.m., H–309 Capitol, and on Attorney General, 1 p.m., sored Enterprises, hearing on H.R. 3574, Stock Option 2141 Rayburn. Accounting Reform Act, 10 a.m., 2128 Rayburn. March 4, Subcommittee on Energy and Water Devel- March 4, Subcommittee on Oversight and Investiga- opment, on Bureau of Reclamation, 10 a.m., 2362B Ray- tions, hearing entitled ‘‘Oversight of the Federal Deposit burn. Insurance Corporation,’’ 10 a.m., 2128 Rayburn.

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Committee on Government Reform, March 2, Subcommittee Committee on Transportation and Infrastructure, March 4, on Criminal Justice, Drug Policy and Human Resources, Subcommittee on Coast Guard and Maritime Transpor- hearing entitled ‘‘Andean Counterdrug Initiative,’’ 3 tation, oversight hearing on the U.S. Coast Guard and p.m., 2203 Rayburn. Federal Maritime Commission Fiscal Year 2005 Budget March 3, Subcommittee on Government Efficiency and Requests, and on the Coast Guard Authorization Act for Financial Management, oversight hearing on ‘‘Financial Fiscal Year 2005, 11 a.m., 2167 Rayburn. Report of the U.S. Government for Fiscal Year 2003,’’ 2 Committee on Ways and Means, March 4, to mark up p.m., 2247 Rayburn. Committee’s Budget Views and Estimates for Fiscal Year March 3, Subcommittee on Technology, Information 2005 for submission to the Committee on the Budget; Policy, Intergovernmental Relations and the Census, hear- followed by a hearing on the President’s Fiscal Year 2005 ing entitled ‘‘Federal Information Technology Investment Budget for the Department of Labor, 10 a.m., 1100 Management, Strategic Planning, and Performance Meas- Longworth. urement: 60 Billion Reasons Why,’’ 1 p.m., 2154 Ray- Permanent Select Committee on Intelligence, March 3, execu- burn. tive, hearing on Department of Defense Intelligence Sur- March 4, full Committee, hearing entitled ‘‘America’s veillance and Reconnaissance, 10 a.m., H–405 Capitol. New Welcome Mat: A Look at the Goals and Challenges March 3, Subcommittee on Technical and Tactical In- of the US–VISIT Program,’’ 2 p.m., 2154 Rayburn. telligence, executive, hearing on Enabling Information March 5, hearing entitled ‘‘Public Confidence, Down Sharing Across the Intelligence Community, 1 p.m., the Drain: The Federal Role in Ensuring Safe Drinking H–405 Capitol. Water in the District of Columbia,’’ 10 a.m., 2154 Ray- March 4, full Committee, executive, hearing on Terror burn. Threats, 10 a.m., and, executive, hearing on Detainee In- Committee on International Relations, March 3, Sub- formation Update, 1 p.m., H–405 Capitol. committee on Europe, hearing on United States Priorities March 5, executive, hearing on Iraqi Weapons of Mass in Europe, 10 a.m., 2172 Rayburn. Destruction, 9 a.m., H–405 Capitol. March 4, full Committee, hearing on The United Select Committee on Homeland Security, March 3, Sub- States Government Strategy for Fighting HIV/AIDS: Im- committee on Emergency Preparedness and Response, plementation of Public Law 108–25, 10:30 a.m., 2172 hearing entitled ‘‘Department of Homeland Security Rayburn. Emergency Preparedness and Response Directorate Fiscal Committee on the Judiciary, March 2, Subcommittee on Year 2005 Budget,’’ 10:30 a.m., 1302 Longworth. Constitution, oversight hearing on the Civil Rights Divi- March 4, Subcommittee on Intelligence and sion of the U.S. Department of Justice, 1 p.m., 2141 Counterterrorism and the Subcommittee on Infrastructure Rayburn. and Border Security, joint hearing entitled ‘‘The Depart- March 4, Subcommittee on Immigration, Border Secu- ment of Homeland Security’s Information Analysis and rity, and Claims, oversight hearing on Alien Removal Infrastructure Protection Budget Proposal for Fiscal Year Under ‘‘Operation Predator,’’ 10 a.m., 2141 Rayburn. 2005,’’ 10 a.m., 2318 Rayburn. Committee on Resources, March 3, Subcommittee on En- ergy and Mineral Resources, oversight hearing entitled Joint Meetings ‘‘Minerals and Energy: Outsourcing American Jobs Over- Joint Meetings: March 4, Senate Committee on Veterans’ seas,’’ 10 a.m., 1324 Longworth. Affairs, to hold joint hearings with the House Committee Committee on Rules, March 2, to consider the following: on Veterans’ Affairs to examine the legislative presen- H.R. 3752, Commercial Space Launch Amendments Act tations of the Non-Commissioned Officers Association, of 2004; and H.R. 1561, United States Patent and Trade- the Military Order of the Purple Heart, the Paralyzed mark Fee Modernization Act of 2003, 5:30 p.m., H–313 Veterans of America, the Jewish War Veterans, and the Capitol. Blinded Veterans Association, 10 a.m., 345 CHOB. Committee on Science, March 3, hearing to Review the Joint Economic Committee: March 5, to hold joint hear- Hydrogen Fuel and FreedomCAR Initiatives, 2 p.m., ings to examine the employment situation for February, 2318 Rayburn. 9:30 a.m., SD–562.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 12 noon, Monday, March 1 12 noon, Monday, March 1

Senate Chamber House Chamber Program for Monday: Senate will resume consideration Program for Monday: To be announced. of S. 1805, Protection of Lawful Commerce in Arms Act, with four hours for debate; further, at 4 p.m., Senator Bingaman will be recognized to offer an amendment, with a vote to occur thereon at 5 p.m.

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