Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 108 CONGRESS, FIRST SESSION

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

Vol. 149 WASHINGTON, THURSDAY, OCTOBER 30, 2003 No. 155 House of Representatives The House met at 10 a.m. The point of no quorum is considered at 2001 East Willard Street in Philadelphia, The Chaplain, the Reverend Daniel P. withdrawn. Pennsylvania, as the ‘‘Robert A. Borski Post Office Building’’. Coughlin, offered the following prayer: f Because You are the Lord God, all re- H.R. 2396. An act to designate the facility late to You, each in his or her own PLEDGE OF ALLEGIANCE of the United States Postal Service located way. Because You are the Creator of at 1210 Highland Avenue in Duarte, Cali- The SPEAKER. Will the gentle- fornia, as the ‘‘Francisco A. Martinez Flores the heavens and all on Earth, from the woman from Michigan (Mrs. MILLER) Post Office’’. beginning, even until now everything come forward and lead the House in the H.R. 2452. An act to designate the facility and everyone is interrelated and held Pledge of Allegiance. of the United States Postal Service located by You. Teach us, Lord, how to relate Mrs. MILLER of Michigan led the at 339 Hicksville Road in Bethpage, New to one another. Pledge of Allegiance as follows: York, as the ‘‘Brian C. Hickey Post Office Guide all in this Nation, especially Building’’. the Members of this Chamber, how to I pledge allegiance to the Flag of the H.R. 2533. An act to designate the facility United States of America, and to the Repub- of the United States Postal Service located relate to the problems and the human lic for which it stands, one nation under God, concerns that confront the family of at 10701 Abercorn Street in Savannah, Geor- indivisible, with liberty and justice for all. gia, as the ‘‘J.C. Lewis, Jr. Post Office Build- nations. Your word tells us, Lord: ‘‘In f ing’’. Your relations with one another, H.R. 2746. An act to designate the facility clothe yourself with humility because MESSAGE FROM THE SENATE of the United States Postal Service located I, Your Lord God, am stern with the ar- A message from the Senate by Mr. at 141 Weston Street in Hartford, Con- rogant but to the humble I show kind- Monahan, one of its clerks, announced necticut, as the ‘‘Barbara B. Kennedy Post Office Building’’. ness.’’ that the Senate has passed without Let us bow humbly under Your hand, H.R. 3011. An act to designate the facility amendment bills of the House of the O Lord, that in due time You may lift of the United States Postal Service located following titles: our heads high with joy. Humbly let us at 135 East Olive Avenue in Burbank, Cali- fornia, as the ‘‘Bob Hope Post Office Build- cast all our cares on You because You H.R. 1610. An act to redesignate the facility of the United States Postal Service located ing’’. care for us now and forever. Amen. at 120 East Ritchie Avenue in Marceline, The message also announced that the f Missouri, as the ‘‘Walt Disney Post Office Senate has passed bills of the following THE JOURNAL Building’’. titles in which the concurrence of the H.R. 1882. An act to designate the facility The SPEAKER. The Chair has exam- of the United States Postal Service located House is requested: ined the Journal of the last day’s pro- at 440 South Orange Blossom Trail in Or- S. 1405. An act to designate the facility of ceedings and announces to the House lando, Florida, as the ‘‘Arthur ‘Pappy’ Ken- the United States Postal Service located at his approval thereof. nedy Post Office’’. 514 17th Street in Moline, Illinois, as the Pursuant to clause 1, rule I, the Jour- H.R. 1883. An act to designate the facility ‘‘David Bybee Post Office Building’’. nal stands approved. of the United States Postal Service located S. 1590. An act to redesignate the facility of the United States Postal Service located Mr. MCNULTY. Mr. Speaker, pursu- at 1601–1 Main Street in Jacksonville, Flor- at 315 Empire Boulevard in Crown Heights, ant to clause 1, rule I, I demand a vote ida, as the ‘‘Eddie Mae Steward Post Office’’. H.R. 2075. An act to designate the facility Brooklyn, New York, as the ‘‘James E. Davis on agreeing to the Speaker’s approval of the United States Postal Service located Post Office Building’’. of the Journal. at 1905 West Blue Heron Boulevard in West S. 1659. An act to designate the facility of The SPEAKER. The question is on Palm Beach, Florida, as the ‘‘Judge Edward the United States Postal Service located at the Speaker’s approval of the Journal. Rodgers Post Office Building’’. 57 Old Tappan Road in Tappan, New York, as The question was taken; and the H.R. 2254. An act to designate the facility the ‘‘John G. Dow Post Office Building’’. Speaker announced that the ayes ap- of the United States Postal Service located S. 1718. An act to designate the facility of peared to have it. at 1101 Colorado Street in Boulder City, Ne- the United States Postal Service located at Mr. MCNULTY. Mr. Speaker, I object vada, as the ‘‘Bruce Woodbury Post Office 3710 West 73rd Terrace in Prairie Village, to the vote on the ground that a Building’’. Kansas, as the ‘‘Senator James B. Pearson Post Office’’. quorum is not present and make the H.R. 2309. An act to designate the facility of the United States Postal Service located f point of order that a quorum is not at 2300 Redondo Avenue in Long Beach, Cali- present. fornia, as the ‘‘Stephen Horn Post Office ANNOUNCEMENT BY THE SPEAKER The SPEAKER. Pursuant to clause 8, Building’’. rule XX, further proceedings on this H.R. 2328. An act to designate the facility The SPEAKER. The Chair will enter- question will be postponed. of the United States Postal Service located tain ten 1-minutes on each sides.

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

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VerDate jul 14 2003 01:00 Oct 31, 2003 Jkt 029060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A30OC7.000 H30PT1 H10134 CONGRESSIONAL RECORD — HOUSE October 30, 2003 BREAST CANCER AWARENESS has contributed to more than 2 million The Domestic Violence Prevention, MONTH breast cancer survivors in the United Education and Awareness Act would (Mr. BURGESS asked and was given States today. help bring much-needed attention to permission to address the House for 1 In Indianapolis, we have benefited by racial and ethnic minority and immi- minute and to revise and extend his re- the 2003 Komen Indianapolis Race for grant communities that are often over- looked and underserved by providing marks.) the Cure that registered 37,000 individ- grants to develop informational media Mr. BURGESS. Mr. Speaker, as we uals and the BMW Ultimate Drive to outreach campaigns to address specific come to the close of October, I wanted donate one dollar on each mile driven communities that currently are under- to remind Members that October is des- during BMW test-drives. served. ignated as Breast Cancer Awareness We must continue to raise awareness and support legislation that will aid in It is our responsibility to give a voice Month. Each year in the United States, to those who cannot speak for them- breast cancer is diagnosed in more the prevention and eventual development of a cure for breast cancer. selves, and I urge my colleagues to sup- than 170,000 women. Several recent port these two legislative efforts. critical advances, sequencing of the f f human genome and the development of ECONOMIC GROWTH high throughput techniques for identi- TRIBUTE TO POLK COUNTY (Mrs. MILLER of Michigan asked and fying DNA-sequence variants, have ac- NATIVE was given permission to address the celerated the pace of research aimed at House for 1 minute and to revise and (Mr. PUTNAM asked and was given preventing and curing breast cancer. extend her remarks.) permission to address the House for 1 Drugs such as Tamoxifen have helped Mrs. MILLER of Michigan. Mr. minute and to revise and extend his re- to successfully treat thousands of Speaker, tomorrow is Halloween, which marks.) Mr. PUTNAM. Mr. Speaker, I rise women with breast cancer. Even more means tricks and treats for every advanced, third-generation aromatase today to pay tribute to a man of honor American. Today, our economy re- and a dear friend, a man who touched inhibitors are challenging Tamoxifen, ceived a treat of its own, thanks to the current gold standard of care, and so many lives and dedicated himself to President Bush’s pro-jobs agenda and making Polk County, Florida, a better providing more satisfying results in economic growth tax cuts. For in- this field. place. stance, the economy grew at a stag- Charles Richardson rose from humble Groundbreaking research is yielding gering 7.2 percent in the third quarter, important findings on reducing the re- beginnings in Polk County and helped the fastest pace since 1984. In addition, to integrate what is now Bartow High currence of breast cancer in women consumer confidence is on the rise, who have previously been treated. This School. He began his political career thanks in large part to a more favor- on the Winter Haven City Commission, is all the more important, because with able job market and a belief that this breast cancer, unlike other malig- and rose to be, as a Republican, the trend will continue. first African American ever to serve on nancies, the symptom-free intervals in These are some pretty good treats for some women may be decades. the Polk County commission. the American people and for our econ- He was described as a family man and With these great advances in science omy. But the Democratic candidates a jovial leader, with a keen intellect and medicine, the medical community for President are offering some pretty and an extraordinary wit and wisdom. is more able to accurately diagnose and frightening tricks. For example, every He was also known as a strong role treat women with breast cancer. But one of them wants to repeal some or all model for young people, who encour- with over 40,000 women who will die of of the Bush tax cuts. That trick on our aged them to get an education and to this disease this year, our work is people will take the steam out of our go to college and achieve the American clearly not done. This month we are re- robust recovery and kill new job Dream. He is survived by his wife, minded of how far we have come, but growth. Karen; two daughters, Ericka and how far we have to go in fighting in To the American people I say, be Janine; and two sons, Charles, Jr., and this deadly disease. very careful when you are examining Elden. f who should lead our Nation, because Mr. Speaker, even after being diag- the tricks being offered up are down- nosed with pancreatic and liver cancer, BREAST CANCER AWARENESS right scary. Happy Halloween. Charles Richardson continued to per- MONTH form his county commission duties f (Ms. CARSON of Indiana asked and right up to the night he passed. Charles was given permission to address the DOMESTIC VIOLENCE BILLS Richardson blessed our community House for 1 minute and to revise and (Ms. SOLIS asked and was given per- through his hard work and generous extend her remarks.) mission to address the House for 1 nature, and our thoughts and prayers Ms. CARSON of Indiana. Mr. Speak- minute and to revise and extend her re- are with his family. er, October is National Breast Cancer marks.) f Awareness Month, and I rise to address Ms. SOLIS. Mr. Speaker, I rise today VIETNAM CRACKS DOWN ON UNI- the issue of the early detection and to recognize two pieces of important FIED BUDDHIST CHURCH OF prevention of breast cancer. legislation that I would like to reintro- VIETNAM Breast cancer is the most common duce today regarding Domestic Vio- (Ms. LORETTA SANCHEZ of Cali- form of cancer in women in the United lence Awareness Month. I believe the fornia asked and was given permission States, aside from cancers of the skin. two bills will help end violence against to address the House for 1 minute and Both its cause and cure remain undis- women. to revise and extend her remarks.) covered. In the United States, nearly 2 million Ms. LORETTA SANCHEZ of Cali- In my home State of Indiana, the women are victims of domestic vio- fornia. Mr. Speaker, I rise today to American Cancer Society estimates lence. Every 30 seconds, a woman is voice my outrage over the government that 5,000 new cases of breast cancer beaten by her aggressor. This is why of Vietnam’s recent crackdown on the will be diagnosed and approximately there is a continuing need to address United Buddhist Church of Vietnam. 900 women will die of breast cancer in this issue. I just concluded a telephone con- 2003. The Domestic Violence Court Assist- versation with the Venerable Thich With early detection, breast cancer ance Act will provide grant money Tue Sy, a senior monk in that church, can be treated effectively with surgery from the Violence Against Women Act who was just sentenced to 2 years of that preserves the breast, followed by to establish specific domestic violence administrative detention for exercising radiation therapy. Local therapy is courts and provide for important func- the basic right of freedom of religion, often accompanied by chemotherapy tions of a domestic violence court, such as were six of his colleagues. and/or hormonal therapy. as translation and interpretation serv- Earlier this month, the United Bud- Raising awareness and promoting the ices for women whose first language dhist Church of Vietnam held a meet- continuation of breast cancer research may not be English. ing to discuss church affairs, to elect

VerDate jul 14 2003 01:00 Oct 31, 2003 Jkt 029060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K30OC7.002 H30PT1 October 30, 2003 CONGRESSIONAL RECORD — HOUSE H10135 new leadership, and to verify the Viet- honor their families, as they stand BREAST CANCER AWARENESS namese Prime Minister’s promise of a with them, hurting just as badly, as MONTH new era of respect and understanding they watch over and support their (Ms. WOOLSEY asked and was given for religious freedom. In stark contrast loved ones through their treatment. We permission to address the House for 1 to the promise of respect and under- honor the doctors, the nurses, and the minute and to revise and extend her re- standing, Vietnamese authorities dis- health care professionals who provide marks.) rupted the meeting, intimidated and critical help for these patients. Ms. WOOLSEY. Mr. Speaker, in the ultimately arrested the UBCV leader- Almost everyone in America has been San Francisco Bay area, especially in ship. touched by this disease, which strikes Marin County in my congressional dis- The Venerable Thich Huyen Quang one in nine women; and it is the second trict, we have some of the highest rates and Thich Quang Do, both of whom leading cause of death for women. As of breast cancer in the Nation. While have been nominated for the Nobel many of my colleagues have already the toll on Bay area residents has been Peace prize, are once again under house noted, our Nation will lose 40,000 people enormous and heart-breaking, commu- arrest. These actions are unconscion- this year. Almost 212,000 new cases will nity activists and local health officials able. be diagnosed. are meeting this challenge, providing Today, I will introduce a resolution support to patients and survivors and regarding the courageous leadership of b 1015 working to find causes of this epi- the UBCV and the urgent need for reli- We, as legislators, have a responsi- demic. Women feel powerless when con- gious reform in Vietnam. bility. We must do whatever we can to fronted with the increasing likelihood f stop this disease. of contracting breast cancer; but as the As a Georgia State senator, I fought THE SUPREME COURT CONSIDERS Marin County breast cancer commu- for funding for breast cancer research, THE PLEDGE nity has demonstrated through preven- and I authored the law that gives (Mr. PITTS asked and was given per- tion and research, with hard work and breast cancer patients the right to de- mission to address the House for 1 dedication, we will beat this disease. minute and to revise and extend his re- termine their length of stay in the hos- In memory of those who have died of marks.) pital and the medical treatment they breast cancer and in support of those Mr. PITTS. Mr. Speaker, this year, receive rather than the insurance com- fighting this terrible disease, and with the Supreme Court will take up the panies. hope that our daughters and grand- case of whether children should be al- Our inspiration is great: breast can- daughters will not face this epidemic, I lowed to say the words ‘‘under God’’ in cer survivors who have won their fight, urge all women to acknowledge Breast the Pledge of Allegiance. This cartoon and the friends and families of those Cancer Awareness Month by taking captures an important point of this women who did not. I urge us to work care of their own health and joining case: Does the first amendment allow harder and make sure that we bring a with others to win the war against porn but not God in public discourse? cure to this deadly disease. breast cancer. The ACLU would like you to think f f so. Their challenge to our laws, which BREAST CANCER AWARENESS protect our kids from online porn pred- IRAQ SUPPLEMENTAL FUNDING MONTH ators, is ridiculous. They want to be this teacher in the cartoon holding up (Mr. PENCE asked and was given per- (Mr. HENSARLING asked and was a computer in front of your child say- mission to address the House for 1 given permission to address the House ing, ‘‘You cannot pledge allegiance minute and to revise and extend his re- for 1 minute and to revise and extend ’under God’ but, here, look at some marks.) his remarks.) Mr. HENSARLING. Mr. Speaker, as pornography.’’ Mr. PENCE. Mr. Speaker, I rise to ex- The fact that this case even made it press my profound disappointment this has been noted earlier, this October we recognize the 19th anniversary of Na- so far as the courts is a travesty. morning with the news that House and tional Breast Cancer Awareness Month. Something is very wrong with our Senate conferees developing the Iraq This year alone, more than 200,000 of courts. They say child pornography on supplemental bill have apparently re- our mothers, daughters, sisters, and the computer is perfectly legal, but the moved language which would have wives will be diagnosed with breast pledge is so offensive that we have to made a portion of the reconstruction cancer, and close to 40,000 will die from get rid of the words ‘‘under God.’’ dollars the American people are sending to Iraq take the form of a loan. I this dreadful disease. The ACLU is out to sacrifice religion My wife and I first became aware of on their own little altar of porno- had unsuccessfully offered an amendment in the House which would have National Breast Cancer Awareness graphic speech. This is wrong. The Month through our volunteer work made one-half of the reconstruction Court should do the right thing for this with the American Cancer Society. We dollars be repaid to the American tax- country, for our children: uphold the decided to get involved because so payers, and I believe the overwhelming pledge and the freedom that is ours to many of our friends and families had majority of the people of this country pledge allegiance under God. been impacted by this terrible disease believe this oil-rich nation should bear f and we wanted to make a difference. some of the cost of rebuilding its own Over its short history, the National BREAST CANCER SURVIVORS AND civil society. THEIR FAMILIES Breast Cancer Awareness Month has I regret Congress has chosen to reject successfully raised awareness for the (Mr. SCOTT of Georgia asked and the counsel of the majority of the early detection and prevention of was given permission to address the American people and the world com- breast cancer. As a result, mammog- House for 1 minute and to revise and munity. A decent respect for the opin- raphy screening rates have doubled extend his remarks.) ions of mankind should cause Congress since 1985, and breast cancer mortality Mr. SCOTT of Georgia. Mr. Speaker, to reflect on the fact that at this week- rates have steadily declined. I rise today to join with others in ex- end’s donor conference in Madrid, two- Mr. Speaker, the best way for all of pressing my support for breast cancer thirds of the $13 billion made available us to join in the battle against breast survivors and their families as we rec- for reconstruction by foreign countries cancer is to help spread the word to as ognize the month of October as Breast in Iraq takes the form of loans and many women as possible that early de- Cancer Awareness Month. credits. tection saves lives. As the husband of a breast cancer In the end, regardless of my disagree- f survivor, my courageous wife, Alfredia ment with the means, I will support Scott, I join with countless others in the Iraq supplemental bill which will BREAST CANCER AWARENESS honoring the courage of other breast go far to ensure the safe return of our MONTH cancer patients as they fight to over- troops and the triumph of freedom in (Ms. BERKLEY asked and was given come this devastating disease. We this tyranny-weary land. permission to address the House for 1

VerDate jul 14 2003 01:00 Oct 31, 2003 Jkt 029060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K30OC7.004 H30PT1 H10136 CONGRESSIONAL RECORD — HOUSE October 30, 2003 minute and to revise and extend her re- NO DISCUSSION, NO CONFERENCE, minute and to revise and extend his remarks.) NO DEMOCRACY marks.) Ms. BERKLEY. Mr. Speaker, almost (Mr. HOYER asked and was given Mr. BACA. Mr. Speaker, I rise today everyone has a family member, a friend permission to address the House for 1 in celebration of Red Ribbon Week, the or a co-worker who has been personally minute and to revise and extend his re- annual campaign to prevent illegal affected by breast cancer. This year, marks.) drug use and promote drug-free com- 1,400 women will be diagnosed with Mr. HOYER. Mr. Speaker, sadly, the munities. All of our children have so invasive breast cancer and 300 women corruption of democracy continues in much potential. All of our children de- will die from this devastating disease this House this day. Almost unani- serve a chance at life. But it is so sad in my State of Nevada. mously, we sent a bill back to con- when families, friends and communities and faith fail a child and they Two of my closest professional asso- ference committee for further consideration to protect the safety of the pub- become addicted to drugs. Caring for ciates, two women who I work with our children and making sure they do every day, won their battle against lic. During the course of that debate, the not get addicted to drugs is all of our breast cancer; they are cancer free. Un- responsibility. fortunately, this is not always the gentleman from Florida (Mr. MICA), the chairman of the subcommittee, said Mr. Speaker, 81 percent of teenagers case. I lost my own mother this past nothing in response to an assertion ages 14 to 20 have used drugs. One out July after her 14-year battle against made about public safety. Nothing, I of every four high school seniors has breast cancer. say to my colleagues, can be further used illegal drugs in the past 30 days; From these battles I have learn the from the truth. almost 30 percent of young adults have importance of mammography screen- The gentleman from Florida (Mr. used marijuana in the past. ing and early detection which have led MICA) went on to say, ‘‘So we will take This must change. Our children de- to higher survival rates. Nevada has this bill back to conference.’’ Nothing, serve better. Red Ribbon Week uses the lowest percentage of mammograms my colleagues, could be further from community action to educate and help performed per capita than any other the truth. prevent drug abuse. Throughout the State in the country, only 65 percent of The gentleman from Florida (Mr. United States, many of our schools are Nevada women age 40 and over have MICA) went on to say, ‘‘We will revisit participating in this program, inform- had mammograms within the last 2 this issue.’’ Nothing, my friends, could ing our children to stay away from years; this leaves 35 percent of the be further from the truth. drugs. I ask support for Red Ribbon women in Nevada without any nec- He went on to say, ‘‘Anyone who Week in the State of California, and I essary information to arm themselves would like, we will make a copy of this ask support for Red Ribbon Week against this disease and the ability to report available.’’ Nothing, my friends, throughout our Nation. fight it early on. We must continue to could be further from the truth. f get the word out to women that early There was no conference, there was PARLIAMENTARY INQUIRIES detection in the fight against breast no discussion, there was no democracy. cancer is critical. Shame on the processes undermining Mr. MCGOVERN. Mr. Speaker, I have democracy in this House. a parliamentary inquiry. The SPEAKER pro tempore (Mr. f f THORNBERRY). The gentleman will WHERE ARE THE JOBS? state his inquiry. UNITED STATES LEADING WAY TO (Mr. WYNN asked and was given per- Mr. MCGOVERN. Mr. Speaker, under STABILITY IN IRAQ mission to address the House for 1 the rules of the House, is it not true (Mr. KINGSTON asked and was given minute and to revise and extend his re- that before conference reports can be permission to address the House for 1 marks.) filed, that conferees must meet in for- Mr. WYNN. Mr. Speaker, today the minute and to revise and extend his re- mal session, and I believe this require- American public should ask a simple marks.) ment can be found in clause 12 of rule question, Where are the jobs? We hear XXII of the House rules? Mr. KINGSTON. Mr. Speaker, last the Republicans talk about increases in The SPEAKER pro tempore. The gen- year Saddam Hussein spent $13 million the gross domestic product, but in- tleman is correct. on health care in Iraq. This year the creases in the GDP do not equal jobs. It Mr. MCGOVERN. Mr. Speaker, I have United States will spend $200 million. does not pay bills or help families. a further parliamentary inquiry. Two years ago when Olympic soccer Since this President came into office, The SPEAKER pro tempore. The gen- players made a mistake or lost a game, we have lost 3 million jobs in this tleman will state it. they were tortured and held hostage country, and 2.5 million of those jobs Mr. MCGOVERN. Mr. Speaker, the until they amended their ways and behave been in the manufacturing sector. House voted unanimously on Tuesday came better soccer players. Now chil- So the American public ought to ask to recommit the FAA conference re- dren’s soccer teams are springing up all the question, Where are the jobs? port to the conference committee in over Iraq. What is the Republican response? order to address essential safety issues There has not been much farming They are going to bring to this floor a relating to the plan to privatize the air going on in Iraq over the last several bill that grants tax credits to Amer- traffic control system. ican companies that take jobs over- years; today, farmers are beginning to b 1030 go back to the fields and replant crops. seas. That is right, two-thirds of the There has not been much oil produc- benefits in the so-called manufacturing Therefore, Mr. Speaker, is it not the case that the FAA conference report tion; now we are getting oil back on- jobs bill that the Republicans are in- before the House was filed without any line. Police forces are beginning to troducing would give tax breaks to formal notice of a conference meeting form again in Iraqi towns around the companies creating jobs in China and to the minority and, thus, in violation nation, and electricity and water is other countries. of clause 12, rule XXII? coming back all over the nation, but Today the American public has every right to ask the question, Where are The SPEAKER pro tempore (Mr. there is no peace in Iraq. We are not the jobs for Americans? Where are the THORNBERRY). The Chair can only finished with the job. We still need the tax credits for American small busi- reiterate that under the rules and coalition forces in Iraq. We still need nesses to help them expand and grow precedents of the House, a conference the strong United States presence to jobs? Unfortunately, they are going report must be the product of an actual lead the way to a stable, growing de- overseas. meeting of the managers appointed by mocracy. We hope this is possible. Mr. Speaker, where are the jobs? the two Houses. Today, this House will pass the Iraqi f f emergency supplemental bill. It is one more step in our effort to bring peace CELEBRATING RED RIBBON WEEK MOTION TO ADJOURN in that region. I urge my colleagues to (Mr. BACA asked and was given per- Mr. MCGOVERN. Mr. Speaker, I support it. mission to address the House for 1 move that the House do now adjourn.

VerDate jul 14 2003 01:00 Oct 31, 2003 Jkt 029060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K30OC7.006 H30PT1 October 30, 2003 CONGRESSIONAL RECORD — HOUSE H10137 The SPEAKER pro tempore. The Gibbons LoBiondo Royce BACA changed their vote from ‘‘yea’’ question is on the motion to adjourn Gilchrest Lofgren Rush to ‘‘nay.’’ Gillmor Lowey Ryan (OH) offered by the gentleman from Massa- Gingrey Lucas (KY) Ryan (WI) Mr. HONDA and Ms. DEGETTE chusetts (Mr. MCGOVERN). Gonzalez Lucas (OK) Ryun (KS) changed their vote from ‘‘nay’’ to The question was taken; and the Goode Manzullo Saxton ‘‘yea.’’ Goodlatte Marshall Schiff So the motion to adjourn was re- Speaker pro tempore announced that Gordon Matheson Schrock the noes appeared to have it. Granger McCarthy (MO) Scott (GA) jected. Mr. MCGOVERN. Mr. Speaker, I ob- Graves McCarthy (NY) Sensenbrenner The result of the vote was announced ject to the vote on the ground that a Green (TX) McCollum Serrano as above recorded. Green (WI) McCrery Sessions quorum is not present and make the Greenwood McHugh Shadegg f point of order that a quorum is not Gutknecht McInnis Shaw present. Harman McKeon Shays Harris Meehan Sherman THE JOURNAL The SPEAKER pro tempore. Evi- Hart Meeks (NY) Sherwood Hastings (WA) Mica The SPEAKER pro tempore. Pursu- dently a quorum is not present. Shimkus Hayes Michaud ant to clause 8 of rule XX, the pending The Sergeant at Arms will notify ab- Shuster Hayworth Miller (FL) Simmons business is the question of the Speak- sent Members. Hefley Miller (MI) Pursuant to clauses 8 of rule XX, this Hensarling Miller, Gary Simpson er’s approval of the Journal of the last 15-minute vote on the motion to ad- Herger Mollohan Skelton day’s proceedings. Hinojosa Moore Slaughter The question is on the Speaker’s ap- journ will be followed by 5-minute Smith (MI) Hobson Moran (KS) proval of the Journal. votes on the Journal de novo and on Hoeffel Moran (VA) Smith (NJ) House Concurrent Resolution 291, by Hoekstra Murphy Smith (TX) The question was taken; and the the yeas and nays. Holden Murtha Smith (WA) Speaker pro tempore announced that Holt Musgrave Snyder the ayes appeared to have it. The vote was taken by electronic de- Hooley (OR) Myrick Souder vice, and there were—yeas 86, nays 317, Hostettler Napolitano Spratt RECORDED VOTE not voting 31, as follows: Houghton Nethercutt Stark Mr. MCGOVERN. Mr. Speaker, I de- Hulshof Neugebauer Stearns mand a recorded vote. [Roll No. 580] Hunter Ney Strickland YEAS—86 Hyde Northup Sullivan A recorded vote was ordered. Inslee Norwood Sweeney The SPEAKER pro tempore. This Ackerman Farr Menendez Issa Nunes Tancredo Alexander Filner Millender- will be a 5-minute vote. Istook Nussle Tanner Allen Frank (MA) McDonald The vote was taken by electronic de- Jackson-Lee Ortiz Tauscher Baldwin Frost Miller, George (TX) Osborne Tauzin vice, and there were—ayes 345, noes 58, Ballance Grijalva Nadler Janklow Ose Taylor (MS) Becerra Hastings (FL) Neal (MA) answered ‘‘present’’ 1, not voting 30, as Jenkins Otter Bell Hill Oberstar Taylor (NC) follows: John Oxley Berkley Hinchey Obey Terry Johnson (IL) Pastor [Roll No. 581] Berman Honda Olver Thomas Johnson, Sam Paul Brown, Corrine Hoyer Owens Thompson (CA) AYES—345 Jones (NC) Pence Capps Israel Pallone Thornberry Jones (OH) Peterson (PA) Abercrombie Castle Forbes Capuano Jackson (IL) Pascrell Tiahrt Kanjorski Petri Ackerman Chabot Frank (MA) Cardin Jefferson Payne Tiberi Keller Pitts Aderholt Chocola Franks (AZ) Carson (IN) Kaptur Pelosi Tierney Kelly Platts Alexander Clay Frelinghuysen Carson (OK) Kennedy (RI) Pomeroy Toomey Kennedy (MN) Pombo Allen Clyburn Frost Clay Kleczka Rangel Turner (OH) Kildee Porter Baca Coble Gallegly Clyburn Lantos Ruppersberger Udall (CO) Kilpatrick Portman Bachus Cole Garrett (NJ) Conyers Lee Sabo Udall (NM) Kind Price (NC) Baker Collins Gerlach Davis (AL) Lewis (GA) Sanchez, Loretta Upton King (IA) Pryce (OH) Ballance Conyers Gibbons Davis (IL) Lynch Scott (VA) Visclosky King (NY) Putnam Ballenger Cooper Gilchrest DeFazio Majette Solis Vitter Kingston Quinn Barrett (SC) Cox Gingrey DeGette Maloney Thompson (MS) Kirk Radanovich Walden (OR) Bartlett (MD) Cramer Gonzalez DeLauro Markey Towns Kline Rahall Walsh Bass Crenshaw Goode Dicks Matsui Van Hollen Knollenberg Ramstad Wamp Beauprez Crowley Goodlatte Dingell McDermott Velazquez Kolbe Regula Watt Becerra Cubin Gordon Doggett McGovern Waters Kucinich Rehberg Waxman Bell Culberson Goss Emanuel McIntyre Watson LaHood Renzi Weiner Bereuter Cunningham Granger Etheridge McNulty Woolsey Langevin Reyes Weldon (FL) Berkley Davis (AL) Graves Evans Meek (FL) Wynn Larsen (WA) Reynolds Weldon (PA) Berman Davis (CA) Green (TX) Biggert Davis (FL) Green (WI) NAYS—317 Larson (CT) Rodriguez Weller Latham Rogers (AL) Wexler Bilirakis Davis (IL) Greenwood Abercrombie Brady (TX) Davis (FL) LaTourette Rogers (KY) Whitfield Bishop (GA) Davis (TN) Grijalva Aderholt Brown (OH) Davis (TN) Leach Rogers (MI) Wicker Bishop (NY) Davis, Jo Ann Gutknecht Andrews Brown (SC) Davis, Jo Ann Levin Rohrabacher Wilson (NM) Bishop (UT) Davis, Tom Hall Baca Brown-Waite, Davis, Tom Lewis (CA) Ros-Lehtinen Wilson (SC) Blackburn Deal (GA) Harman Bachus Ginny Deal (GA) Lewis (KY) Ross Wolf Boehlert DeGette Harris Baird Burgess DeMint Linder Rothman Wu Boehner Delahunt Hart Baker Burns Deutsch Lipinski Roybal-Allard Young (FL) Bonilla DeLauro Hastings (WA) Ballenger Burr Diaz-Balart, L. Bonner DeMint Hayes Barrett (SC) Buyer Diaz-Balart, M. NOT VOTING—31 Bono Deutsch Hayworth Bartlett (MD) Calvert Dooley (CA) Akin Goss Pickering Boozman Diaz-Balart, L. Hensarling Barton (TX) Camp Doolittle Bradley (NH) Gutierrez Sanchez, Linda Boswell Diaz-Balart, M. Herger Bass Cannon Doyle Burton (IN) Hall T. Boucher Dicks Hill Beauprez Cantor Dreier Boyd Dingell Hinchey Case Isakson Sanders Bereuter Capito Duncan Brady (TX) Doggett Hinojosa Cummings Johnson (CT) Sandlin Berry Cardoza Dunn Brown (OH) Dooley (CA) Hobson Delahunt Johnson, E. B. Schakowsky Biggert Carter Ehlers DeLay Lampson Brown (SC) Doolittle Hoeffel Bilirakis Castle Emerson Stenholm Brown-Waite, Doyle Hoekstra Edwards McCotter Stupak Bishop (GA) Chabot Engel Fattah Miller (NC) Ginny Dreier Holden Turner (TX) Bishop (NY) Chocola English Fletcher Pearce Burgess Duncan Holt Young (AK) Bishop (UT) Coble Eshoo Gephardt Peterson (MN) Burns Dunn Hostettler Blackburn Cole Everett Burr Ehlers Houghton Blumenauer Collins Feeney ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Buyer Emanuel Hoyer Blunt Cooper Ferguson The SPEAKER pro tempore (Mr. Calvert Emerson Hyde Boehlert Costello Flake Camp Engel Inslee THORNBERRY) (during the vote). Mem- Boehner Cox Foley Cannon Eshoo Israel Bonilla Cramer Forbes bers are advised 2 minutes remain in Cantor Etheridge Issa Bonner Crane Ford this vote. Capito Evans Istook Bono Crenshaw Fossella Capps Everett Jackson (IL) Boozman Crowley Franks (AZ) b 1052 Cardin Farr Jackson-Lee Boswell Cubin Frelinghuysen Messrs. GUTKNECHT, TERRY, Cardoza Feeney (TX) Boucher Culberson Gallegly Carson (IN) Ferguson Janklow Boyd Cunningham Garrett (NJ) NEUGEBAUER, BEAUPREZ, DAVIS of Carson (OK) Flake Jefferson Brady (PA) Davis (CA) Gerlach Tennessee, DAVIS of Florida, WU, and Carter Foley Jenkins

VerDate jul 14 2003 01:00 Oct 31, 2003 Jkt 029060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K30OC7.010 H30PT1 H10138 CONGRESSIONAL RECORD — HOUSE October 30, 2003 John Moran (VA) Sanders Sanchez, Linda Stenholm Young (AK) Harris McCarthy (MO) Royce Johnson (CT) Murphy Saxton T. Stupak Hart McCarthy (NY) Ruppersberger Johnson (IL) Murtha Schiff Sandlin Turner (TX) Hastings (FL) McCollum Rush Johnson, Sam Musgrave Schrock Hastings (WA) McCrery Ryan (OH) Jones (NC) Myrick Scott (GA) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Hayes McDermott Ryan (WI) Kanjorski Nadler Scott (VA) The SPEAKER pro tempore (during Hayworth McGovern Ryun (KS) Kaptur Napolitano Sensenbrenner the vote). Members are advised 2 min- Hefley McHugh Sabo Keller Nethercutt Serrano utes remain in this vote. Hensarling McInnis Sanchez, Loretta Kelly Neugebauer Sessions Herger McIntyre Sanders Kennedy (RI) Ney Shadegg b 1101 Hill McKeon Saxton Kildee Northup Shaw Hinchey McNulty Schakowsky Kilpatrick Norwood Shays So the Journal was approved. Hinojosa Meehan Schiff Kind Nunes Sherman The result of the vote was announced Hoeffel Meek (FL) Schrock King (IA) Nussle Sherwood Hoekstra Meeks (NY) Scott (GA) King (NY) Obey Shimkus as above recorded. Holden Menendez Scott (VA) Kingston Ortiz Shuster Holt Mica Sensenbrenner Kirk Osborne Simmons f Honda Michaud Serrano Kleczka Ose Simpson Hooley (OR) Millender- Sessions Kline Owens Skelton EXPRESSING GRATITUDE TO MEM- Hostettler McDonald Shadegg Knollenberg Oxley Smith (MI) BERS OF UNITED STATES Houghton Miller (FL) Shaw Kolbe Pallone Smith (NJ) ARMED FORCES DEPLOYED IN Hoyer Miller (MI) Shays LaHood Pascrell Smith (TX) Miller, Gary Sherman Langevin Pastor Smith (WA) OPERATION RESTORE HOPE IN Hulshof Lantos Paul Snyder SOMALIA IN 1993 Hunter Miller, George Sherwood LaTourette Payne Solis Hyde Mollohan Shimkus Leach Pence Souder The SPEAKER pro tempore (Mr. Inslee Moore Shuster Lee Peterson (PA) Spratt THORNBERRY). The unfinished business Israel Moran (KS) Simmons Lewis (CA) Petri Stark is the question of suspending the rules Issa Moran (VA) Simpson Istook Murphy Skelton Lewis (GA) Pitts Stearns and agreeing to the concurrent resolu- Lewis (KY) Platts Sullivan Jackson (IL) Murtha Smith (MI) Linder Pombo Sweeney tion, H. Con. Res. 291. Jackson-Lee Musgrave Smith (NJ) Lipinski Pomeroy Tauscher The Clerk read the title of the con- (TX) Myrick Smith (TX) Lofgren Porter Tauzin current resolution. Janklow Nadler Smith (WA) Lowey Portman Taylor (NC) Jefferson Napolitano Snyder Lucas (KY) Price (NC) Terry The SPEAKER pro tempore. The Jenkins Neal (MA) Solis Lucas (OK) Pryce (OH) Thomas question is on the motion offered by John Nethercutt Souder Lynch Putnam Thornberry the gentleman from New York (Mr. Johnson (CT) Neugebauer Spratt Johnson (IL) Ney Stark Majette Quinn Tiahrt MCHUGH) that the House suspend the Maloney Radanovich Tiberi Johnson, Sam Northup Stearns Manzullo Rahall Tierney rules and agree to the concurrent reso- Jones (NC) Norwood Strickland Markey Rangel Turner (OH) lution, H. Con. Res. 291, on which the Jones (OH) Nunes Sullivan Marshall Regula Upton yeas and nays are ordered. Kanjorski Nussle Sweeney Matsui Rehberg Van Hollen Kaptur Oberstar Tancredo McCarthy (MO) Renzi Velazquez This will be a 5-minute vote. Keller Obey Tanner McCarthy (NY) Reyes Vitter The vote was taken by electronic de- Kelly Olver Tauscher McCollum Reynolds Walden (OR) vice, and there were—yeas 402, nays 0, Kennedy (MN) Ortiz Tauzin McCrery Rodriguez Walsh not voting 32, as follows: Kennedy (RI) Osborne Taylor (MS) McHugh Rogers (AL) Wamp Kildee Ose Taylor (NC) McInnis Rogers (KY) Watson [Roll No. 582] Kilpatrick Otter Terry McIntyre Rogers (MI) Watt YEAS—402 Kind Owens Thomas McKeon Rohrabacher Waxman King (IA) Oxley Thompson (CA) Meehan Ros-Lehtinen Weiner Abercrombie Buyer Dingell King (NY) Pallone Thompson (MS) Meeks (NY) Ross Weldon (FL) Ackerman Calvert Doggett Kingston Pascrell Thornberry Mica Rothman Weldon (PA) Alexander Camp Dooley (CA) Kirk Pastor Tiahrt Michaud Roybal-Allard Wexler Allen Cannon Doolittle Kleczka Paul Tiberi Millender- Royce Whitfield Andrews Cantor Doyle Kline Payne Tierney McDonald Ruppersberger Wicker Baca Capito Dreier Knollenberg Pelosi Toomey Miller (FL) Rush Wilson (NM) Baird Capps Duncan Kolbe Pence Towns Miller (MI) Ryan (OH) Wilson (SC) Baker Capuano Dunn Kucinich Peterson (PA) Turner (OH) Miller, Gary Ryan (WI) Wolf Baldwin Cardin Ehlers LaHood Petri Udall (CO) Mollohan Ryun (KS) Woolsey Ballance Cardoza Emanuel Langevin Pitts Udall (NM) Moore Sanchez, Loretta Wynn Ballenger Carson (IN) Emerson Lantos Platts Upton Barrett (SC) Carson (OK) Engel Larsen (WA) Pombo Van Hollen Bartlett (MD) Carter English NOES—58 Larson (CT) Porter Velazquez Barton (TX) Castle Eshoo Latham Portman Visclosky Andrews Jones (OH) Ramstad Bass Chabot Etheridge LaTourette Price (NC) Vitter Baird Kennedy (MN) Sabo Beauprez Chocola Evans Leach Pryce (OH) Walden (OR) Baldwin Kucinich Schakowsky Becerra Clay Everett Lee Putnam Walsh Berry Larsen (WA) Slaughter Bell Clyburn Farr Levin Quinn Wamp Brady (PA) Larson (CT) Strickland Bereuter Coble Feeney Lewis (CA) Radanovich Waters Brown, Corrine Latham Tanner Berkley Cole Ferguson Lewis (GA) Rahall Watson Capuano Levin Taylor (MS) Berman Collins Filner Lewis (KY) Ramstad Watt Costello LoBiondo Thompson (CA) Berry Conyers Flake Crane Matheson Linder Rangel Waxman Thompson (MS) Biggert Cooper Foley DeFazio McDermott Lipinski Regula Weiner Toomey Bilirakis Costello Forbes English McGovern LoBiondo Rehberg Weldon (FL) Towns Bishop (GA) Cox Fossella Filner McNulty Bishop (NY) Cramer Frank (MA) Lofgren Renzi Weldon (PA) Ford Meek (FL) Udall (CO) Lowey Reyes Weller Udall (NM) Bishop (UT) Crane Franks (AZ) Fossella Menendez Blackburn Crenshaw Frelinghuysen Lucas (KY) Reynolds Wexler Gillmor Moran (KS) Visclosky Lucas (OK) Rodriguez Whitfield Waters Blumenauer Crowley Frost Hastings (FL) Neal (MA) Blunt Cubin Gallegly Lynch Rogers (AL) Wicker Weller Hefley Oberstar Boehlert Culberson Garrett (NJ) Majette Rogers (KY) Wilson (NM) Wu Honda Olver Boehner Cunningham Gerlach Maloney Rogers (MI) Wilson (SC) Hooley (OR) Otter Young (FL) Bonilla Davis (AL) Gibbons Manzullo Rohrabacher Wolf Hulshof Pelosi Bonner Davis (CA) Gilchrest Markey Ros-Lehtinen Woolsey Marshall Ross Wu ANSWERED ‘‘PRESENT’’—1 Bono Davis (FL) Gingrey Boozman Davis (IL) Gonzalez Matheson Rothman Wynn Tancredo Boswell Davis (TN) Goode Matsui Roybal-Allard Young (FL) Boucher Davis, Jo Ann Goodlatte NOT VOTING—30 Boyd Davis, Tom Gordon NOT VOTING—32 Akin DeLay Johnson, E. B. Brady (PA) Deal (GA) Goss Aderholt Fattah Lampson Barton (TX) Edwards Lampson Brady (TX) DeFazio Granger Akin Fletcher McCotter Blumenauer Fattah McCotter Brown (OH) DeGette Graves Bachus Ford Miller (NC) Blunt Fletcher Miller (NC) Brown (SC) Delahunt Green (TX) Bradley (NH) Gephardt Pearce Bradley (NH) Gephardt Miller, George Brown, Corrine DeLauro Green (WI) Burton (IN) Gillmor Peterson (MN) Burton (IN) Gutierrez Pearce Brown-Waite, DeMint Greenwood Case Gutierrez Pickering Case Hunter Peterson (MN) Ginny Deutsch Grijalva Cummings Hobson Pomeroy Cummings Isakson Pickering Burgess Diaz-Balart, L. Gutknecht DeLay Isakson Sanchez, Linda Burns Diaz-Balart, M. Hall Edwards Johnson, E. B. T. Burr Dicks Harman

VerDate jul 14 2003 02:46 Oct 31, 2003 Jkt 029060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\A30OC7.003 H30PT1 October 30, 2003 CONGRESSIONAL RECORD — HOUSE H10139 Sandlin Stenholm Turner (TX) ment on the bill (H.R. 3289) making of Defense, with the concurrence of the Sec- Slaughter Stupak Young (AK) emergency supplemental appropria- retary of State, and in consultation with the Di- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE tions for defense and for the recon- rector of the Office of Management and Budget, The SPEAKER pro tempore (during struction of Iraq and Afghanistan for may determine, in his discretion, based on documentation determined by the Secretary of De- the vote). Members are reminded that 2 the fiscal year ending September 30, fense to adequately account for the support pro- minutes remain in this vote. 2004, and for other purposes: vided, and such determination is final and con- b 1110 CONFERENCE REPORT (H. REPT. 108–337) clusive upon the accounting officers of the The committee of conference on the dis- United States, and 15 days following notifica- So (two-thirds having voted in favor agreeing votes of the two Houses on the tion to the appropriate congressional commit- thereof) the rules were suspended and amendment of the Senate to the bill (H.R. tees: Provided further, That the Secretary of De- the concurrent resolution was agreed 3289) ‘‘making emergency supplemental ap- fense shall provide quarterly reports to the Com- to. propriations for defense and for the recon- mittees on Appropriations on the use of these The result of the vote was announced struction of Iraq and Afghanistan for the fis- funds. as above recorded. cal year ending September 30, 2004, and for OPERATION AND MAINTENANCE, MARINE CORPS A motion to reconsider was laid on other purposes’’, having met, after full and RESERVE the table. free conference, have agreed to recommend For an additional amount for ‘‘Operation and and do recommend to their respective Houses Stated for: Maintenance, Marine Corps Reserve’’, as follows: $16,000,000. Mr. POMEROY. Mr. Speaker, on October That the House recede from its disagree- OPERATION AND MAINTENANCE, AIR FORCE 30, 2003, I missed rollcall vote No. 582. Had ment to the amendment of the Senate, and RESERVE I been present, I would have voted ‘‘yea’’ on agree to the same with an amendment, as follows: For an additional amount for ‘‘Operation and this vote, expressing my strong support for H. Maintenance, Air Force Reserve’’, $53,000,000. Con. Res. 291. In lieu of the matter stricken and inserted by said amendment, insert: OPERATION AND MAINTENANCE, AIR NATIONAL f That the following sums are appropriated, out GUARD PERSONAL EXPLANATION of any money in the Treasury not otherwise ap- For an additional amount for ‘‘Operation and Maintenance, Air National Guard’’, Ms. EDDIE BERNICE JOHNSON of Texas. propriated, for the fiscal year ending September 30, 2004, and for other purposes, namely: $214,000,000. Mr. Speaker, due to a meeting within the De- TITLE I—NATIONAL SECURITY OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC partment of Justice, I unfortunately missed AID CHAPTER 1 three recorded votes on the House floor ear- For an additional amount for ‘‘Overseas Hu- DEPARTMENT OF DEFENSE—MILITARY lier today. manitarian, Disaster, and Civic Aid’’, I ask unanimous consent that my statement MILITARY PERSONNEL $35,500,000. appear in the RECORD that had I not been un- MILITARY PERSONNEL, ARMY IRAQ FREEDOM FUND avoidably detained at this meeting, I would For an additional amount for ‘‘Military Per- (INCLUDING TRANSFER OF FUNDS) have voted ‘‘yes’’ on rollcall vote No. 580 (On sonnel, Army’’, $12,858,870,000. For ‘‘Iraq Freedom Fund’’, $1,988,600,000, to Motion to Adjourn); ‘‘yes’’ on rollcall vote No. MILITARY PERSONNEL, NAVY remain available for transfer until September 30, 581 (On Approving the Journal); and ‘‘yes’’ on For an additional amount for ‘‘Military Per- 2005, for the purposes authorized under this rollcall vote No. 582 (On Motion to Suspend sonnel, Navy’’, $816,100,000. heading in Public Law 108–11: Provided, That the Secretary of Defense may transfer the funds the Rules and Agree on H. Con. Res. 291, ex- MILITARY PERSONNEL, MARINE CORPS provided herein to appropriations for military pressing deep gratitude for the valor and com- For an additional amount for ‘‘Military Per- mitment of the members of the United States personnel; operation and maintenance; Overseas sonnel, Marine Corps’’, $753,190,000. Humanitarian, Disaster, and Civic Aid; procure- Armed Forces who were deployed in Oper- MILITARY PERSONNEL, AIR FORCE ment; military construction; the Defense Health ation Restore Hope to provide humanitarian For an additional amount for ‘‘Military Per- Program; and working capital funds: Provided assistance to the people of Somalia in 1993. sonnel, Air Force’’, $3,384,700,000. further, That funds transferred shall be merged f OPERATION AND MAINTENANCE with and be available for the same purposes and for the same time period as the appropriation or PERSONAL EXPLANATION OPERATION AND MAINTENANCE, ARMY fund to which transferred: Provided further, Mr. SANDLIN. Mr. Speaker, on For an additional amount for ‘‘Operation and That this transfer authority is in addition to Thursday, October 30, 2003, I was un- Maintenance, Army’’, $23,997,064,000. any other transfer authority available to the avoidably detained by official business. OPERATION AND MAINTENANCE, NAVY Department of Defense: Provided further, That upon a determination that all or part of the (INCLUDING TRANSFER OF FUNDS) Had I been present, I would have voted funds transferred from this appropriation are For an additional amount for ‘‘Operation and ‘‘yes’’ on rollcall votes 580, 581, and 582. not necessary for the purposes provided herein, Maintenance, Navy’’, $1,956,258,000, of which such amounts may be transferred back to this f up to $80,000,000 may be transferred to the De- appropriation: Provided further, That the Sec- partment of Homeland Security for Coast Guard PERSONAL EXPLANATION retary of Defense shall, not fewer than 5 days Operations. Ms. JACKSON-LEE of Texas. Mr. prior to making transfers from this appropria- OPERATION AND MAINTENANCE, MARINE CORPS Speaker, I was unavoidably detained in tion, notify the congressional defense commit- my district on official business on Oc- For an additional amount for ‘‘Operation and tees in writing of the details of any such trans- Maintenance, Marine Corps’’, $1,198,981,000. fer: Provided further, That the Secretary shall tober 28, 2003. Had I been here, Mr. OPERATION AND MAINTENANCE, AIR FORCE submit a report no later than 30 days after the Speaker, on rollcall vote 569, H. Res. end of each fiscal quarter to the congressional For an additional amount for ‘‘Operation and 577, I would have voted ‘‘aye’’; on roll- defense committees summarizing the details of Maintenance, Air Force’’, $5,416,368,000. call vote 570, H.R. 2359, I would have the transfer of funds from this appropriation: voted ‘‘no’’; on rollcall vote 571, motion OPERATION AND MAINTENANCE, DEFENSE-WIDE Provided further, That not less than $62,100,000 to instruct, H.R. 6, I would have voted For an additional amount for ‘‘Operation and shall be transferred to ‘‘Other Procurement, ‘‘aye’’; on rollcall vote 572, motion to Maintenance, Defense-Wide’’, $4,355,452,000, of Army’’ for the procurement of Up-armored High instruct, H.R. 1308, I would have voted which— Mobility Multipurpose Wheeled Vehicles and as- (1) not to exceed $15,000,000 may be used for sociated equipment: Provided further, That ‘‘aye’’; and on rollcall vote 573, motion the CINC Initiative Fund account, to be used $10,000,000 shall be for the Family Readiness to instruct conferees, H.R. 1, I would primarily in Iraq and Afghanistan; Program of the National Guard. have voted ‘‘aye’’. (2) $32,000,000 is only for the Family Advocacy PROCUREMENT f Program; and PROCUREMENT OF WEAPONS AND TRACKED (3) not to exceed $1,150,000,000, to remain COMBAT VEHICLES, ARMY CONFERENCE REPORT ON H.R. 3289, available until expended, may be used, notwith- EMERGENCY SUPPLEMENTAL standing any other provision of law, for pay- For an additional amount for ‘‘Procurement APPROPRIATIONS ACT FOR DE- ments to reimburse Pakistan, Jordan, and other of Weapons and Tracked Combat Vehicles, key cooperating nations, for logistical and mili- Army’’, $101,600,000, to remain available until FENSE AND FOR THE RECON- September 30, 2006. STRUCTION OF IRAQ AND AF- tary support provided, or to be provided, to OTHER PROCUREMENT, ARMY GHANISTAN, 2004 United States military operations in connection with military action in Iraq and the global war For an additional amount for ‘‘Other Procure- Mr. YOUNG of Florida submitted the on terrorism: Provided, That such payments ment, Army’’, $1,143,687,000, to remain available following conference report and state- may be made in such amounts as the Secretary until September 30, 2006.

VerDate jul 14 2003 01:00 Oct 31, 2003 Jkt 029060 PO 00000 Frm 00007 Fmt 7634 Sfmt 6333 E:\CR\FM\A30OC7.021 H30PT1 H10140 CONGRESSIONAL RECORD — HOUSE October 30, 2003

AIRCRAFT PROCUREMENT, NAVY fer authority available to the Department of De- other authority to provide assistance to foreign For an additional amount for ‘‘Aircraft Pro- fense. nations: Provided further, That the Secretary of curement, Navy’’, $158,600,000, to remain avail- RELATED AGENCIES Defense shall notify the congressional defense committees not less than 15 days before pro- able until September 30, 2006. INTELLIGENCE COMMUNITY MANAGEMENT viding assistance under the authority of this OTHER PROCUREMENT, NAVY ACCOUNT section. For an additional amount for ‘‘Other Procure- (INCLUDING TRANSFER OF FUNDS) SEC. 1108. None of the funds provided in this ment, Navy’’, $76,357,000, to remain available For an additional amount for ‘‘Intelligence chapter may be used to finance programs or ac- until September 30, 2006. Community Management Account’’, $21,500,000, tivities denied by Congress in fiscal year 2004 PROCUREMENT, MARINE CORPS to remain available until September 30, 2005; of appropriations to the Department of Defense or For an additional amount for ‘‘Procurement, which $3,000,000 may be transferred to and to initiate a procurement or research, develop- Marine Corps’’, $123,397,000, to remain available merged with the Department of Energy, ‘‘Other ment, test and evaluation new start program until September 30, 2006. Defense Activities’’, and $15,500,000 may be without prior notification to the congressional transferred to and merged with the Federal Bu- defense committees. AIRCRAFT PROCUREMENT, AIR FORCE reau of Investigation, ‘‘Salaries and Expenses’’. SEC. 1109. In addition to amounts made avail- For an additional amount for ‘‘Aircraft Pro- GENERAL PROVISIONS, THIS CHAPTER able elsewhere in this Act, there is hereby ap- curement, Air Force’’, $53,972,000, to remain (TRANSFER OF FUNDS) propriated to the Department of Defense available until September 30, 2006. SEC. 1101. Upon his determination that such $313,000,000, to be used only for recovery and re- MISSILE PROCUREMENT, AIR FORCE action is necessary in the national interest, the pair of damage due to natural disasters includ- For an additional amount for ‘‘Missile Pro- Secretary of Defense may transfer between ap- ing Hurricane Isabel, to be distributed as fol- curement, Air Force’’, $20,450,000, to remain propriations up to $3,000,000,000 of the funds lows: available until September 30, 2006. made available to the Department of Defense in ‘‘Operation and Maintenance, Army’’, OTHER PROCUREMENT, AIR FORCE this chapter: Provided, That the Secretary shall $47,100,000; ‘‘Operation and Maintenance, Navy’’, For an additional amount for ‘‘Other Procure- notify the Congress promptly of each transfer made pursuant to this authority: Provided fur- $87,600,000; ment, Air Force’’, $3,438,006,000, to remain ‘‘Operation and Maintenance, Marine available until September 30, 2006. ther, That the transfer authority provided in this section is in addition to any other transfer Corps’’, $6,700,000; PROCUREMENT, DEFENSE-WIDE authority available to the Department of De- ‘‘Operation and Maintenance, Air Force’’, For an additional amount for ‘‘Procurement, fense: Provided further, That the authority in $169,300,000; and Defense-Wide’’, $418,635,000, to remain available this section is subject to the same terms and con- ‘‘Other Procurement, Air Force’’, $2,300,000. until September 30, 2006. ditions as the authority provided in section 8005 SEC. 1110. During the current fiscal year, from RESEARCH, DEVELOPMENT, TEST AND of the Department of Defense Appropriations funds made available in this Act to the Depart- EVALUATION Act, 2004, except for the fourth proviso. ment of Defense for operation and maintenance, not to exceed $180,000,000 may be used, notwith- ESEARCH, DEVELOPMENT, TEST AND SEC. 1102. Funds appropriated in this Act, or R standing any other provision of law, to fund the EVALUATION, NAVY made available by the transfer of funds in or pursuant to this Act, for intelligence activities Commander’s Emergency Response Program, es- For an additional amount for ‘‘Research, De- are deemed to be specifically authorized by the tablished by the Administrator of the Coalition velopment, Test and Evaluation, Navy’’, Congress for purposes of section 504 of the Na- Provisional Authority for the purpose of ena- $34,000,000, to remain available until September tional Security Act of 1947 (50 U.S.C. 414). bling military commanders in Iraq to respond to 30, 2005. SEC. 1103. Sections 1318 and 1319 of the Emer- urgent humanitarian relief and reconstruction RESEARCH, DEVELOPMENT, TEST AND gency Wartime Supplemental Appropriations requirements within their areas of responsibility EVALUATION, AIR FORCE Act, 2003 (Public Law 108–11; 117 Stat. 571), by carrying out programs that will immediately For an additional amount for ‘‘Research, De- shall remain in effect during fiscal year 2004. assist the Iraqi people, and to establish and velopment, Test and Evaluation, Air Force’’, SEC. 1104. From October 1, 2003, through Sep- fund a similar program to assist the people of $39,070,000, to remain available until September tember 30, 2004, (a) the rates of pay authorized Afghanistan: Provided, That the Secretary of 30, 2005. by section 310(a) of title 37, United States Code, Defense shall provide quarterly reports, beginning on January 15, 2004, to the congressional RESEARCH, DEVELOPMENT, TEST AND shall be $225; and (b) the rates of pay author- defense committees regarding the source of EVALUATION, DEFENSE-WIDE ized by section 427(a)(1) of title 37, United States Code, shall be $250. funds and the allocation and use of funds made For an additional amount for ‘‘Research, De- SEC. 1105. DEFENSE EMERGENCY RESPONSE available pursuant to the authority provided in velopment, Test and Evaluation, Defense- FUND CLOSE-OUT AUTHORITY.—(a) Section 1313 this section. Wide’’, $260,817,000, to remain available until of the Emergency Wartime Supplemental Appro- SEC. 1111. Not later than 30 days after the September 30, 2005. priations Act, 2003 (Public Law 108–11; 117 Stat. date of the enactment of this Act, the Secretary REVOLVING AND MANAGEMENT FUNDS 569), is amended by inserting ‘‘unobligated’’ be- of Defense shall submit to the congressional de- DEFENSE WORKING CAPITAL FUNDS fore ‘‘balances’’. fense committees a report describing an Analysis of Alternatives for replacing the capabilities of For an additional amount for ‘‘Defense Work- (b) Effective November 1, 2003, adjustments to the existing Air Force fleet of KC–135 tanker air- ing Capital Funds’’, $600,000,000. obligations that before such date would have been properly chargeable to the Defense Emer- craft. NATIONAL DEFENSE SEALIFT FUND gency Response Fund shall be charged to any ENHANCEMENTS TO EXEMPTION FOR MEMBERS For an additional amount for ‘‘National De- current appropriations account of the Depart- WITH COMBAT-RELATED INJURIES FROM RE- fense Sealift Fund’’, $24,000,000, to remain ment of Defense available for the same purpose. QUIREMENT FOR PAYMENT OF SUBSISTENCE available until expended. SEC. 1106. During the current fiscal year, CHARGES WHILE HOSPITALIZED OTHER DEPARTMENT OF DEFENSE funds available to the Department of Defense SEC. 1112. (a) EXEMPTION MADE PERMA- PROGRAMS for operation and maintenance may be used, NENT.—Subsection (c) of section 1075 of title 10, DEFENSE HEALTH PROGRAM notwithstanding any other provision of law, to United States Code (as added by section For an additional amount for ‘‘Defense provide supplies, services, transportation, in- 8146(a)(2) of the Department of Defense Appro- Health Program’’, $658,380,000 for Operation cluding airlift and sealift, and other logistical priations Act, 2004 (Public Law 108–87)), is re- and maintenance. support to coalition forces supporting military pealed. and stability operations in Iraq: Provided, That (b) RETROACTIVITY.—Subsection (b) of section DRUG INTERDICTION AND COUNTER-DRUG the Secretary of Defense shall provide quarterly 8146 of the Department of Defense Appropria- ACTIVITIES, DEFENSE reports to the congressional defense committees tions Act, 2004 (Public Law 108–87), is amended (INCLUDING TRANSFER OF FUNDS) regarding support provided under this section. to read as follows: For an additional amount for ‘‘Drug Interdic- SEC. 1107. Notwithstanding any other provi- ‘‘(b) EFFECTIVE DATE.—(1) Subsection (b)(2) of tion and Counter-Drug Activities, Defense’’, sion of law, from funds made available in this section 1075 of title 10, United States Code, as $73,000,000: Provided, That these funds may be Act to the Department of Defense under ‘‘Oper- added by subsection (a), shall apply with re- used only for such activities related to Afghani- ation and Maintenance, Defense-Wide’’, not to spect to any period of hospitalization on or after stan: Provided further, That the Secretary of exceed $150,000,000 may be used by the Secretary September 11, 2001, because of an injury covered Defense may transfer the funds provided herein of Defense, with the concurrence of the Sec- by that subsection that is incurred on or after only to appropriations for military personnel; retary of State, to provide assistance only to the that date. operation and maintenance; procurement; and New Iraqi Army and the Afghan National Army ‘‘(2) The Secretary concerned (as defined in research, development, test and evaluation: Pro- to enhance their capability to combat terrorism section 101 of title 37, United States Code) shall vided further, That the funds transferred shall and to support U.S. military operations in Iraq take such action as necessary to implement be merged with and be available for the same and Afghanistan: Provided, That such assist- paragraph (1), including— purposes and for the same time period, as the ance may include the provision of equipment, ‘‘(A) refunding any amount previously paid appropriation to which transferred: Provided supplies, services, training and funding: Pro- under section 1075 of title 10, United States further, That the transfer authority provided in vided further, That the authority to provide as- Code, by a person who, by reason of paragraph this paragraph is in addition to any other trans- sistance under this section is in addition to any (1), is not required to make such payment; and

VerDate jul 14 2003 03:05 Oct 31, 2003 Jkt 029060 PO 00000 Frm 00008 Fmt 7634 Sfmt 6333 E:\CR\FM\A30OC7.005 H30PT1 October 30, 2003 CONGRESSIONAL RECORD — HOUSE H10141 ‘‘(B) waiving recovery of any unpaid amount ‘‘(3) The premiums payable by a member ‘‘1076b. TRICARE program: coverage for mem- for which a person has previously been charged under this subsection may be deducted and bers of the Ready Reserve.’’. under that section and which that person, by withheld from basic pay payable to the member SEC. 1116. Section 1074 of title 10, United reason of paragraph (1), is not required to under section 204 of title 37 or from compensa- States Code, is amended by adding at the end pay.’’. tion payable to the member under section 206 of the following new subsection: SEC. 1113. None of the funds available to the such title. The Secretary shall prescribe the re- ‘‘(d)(1) For the purposes of this chapter, a Department of Defense may be obligated to im- quirements and procedures applicable to the member of a reserve component of the armed plement any action which alters the command payment of premiums by members not entitled to forces who is issued a delayed-effective-date ac- responsibility or permanent assignment of forces such basic pay or compensation. tive-duty order, or is covered by such an order, until 270 days after such plan has been provided ‘‘(4) Amounts collected as premiums under this shall be treated as being on active duty for a pe- to the congressional defense committees. subsection shall be credited to the appropriation riod of more than 30 days beginning on the later SEC. 1114. Section 1074a of title 10, United available for the Defense Health Program Ac- of the date that is— States Code, is amended by adding at the end count under section 1100 of this title, shall be ‘‘(A) the date of the issuance of such order; or the following new subsection: merged with sums in such Account that are ‘‘(B) 90 days before date on which the period ‘‘(f)(1) At any time after the Secretary con- available for the fiscal year in which collected, of active duty is to commence under such order cerned notifies members of the Ready Reserve and shall be available under subparagraph (B) for that member. that the members are to be called or ordered to of such section for such fiscal year. ‘‘(2) In this subsection, the term ‘delayed-ef- active duty, the administering Secretaries may ‘‘(f) OTHER CHARGES.—A person who receives fective-date active-duty order’ means an order provide to each such member any medical and health care pursuant to an enrollment in a to active duty for a period of more than 30 days dental screening and care that is necessary to TRICARE program option under this section, in support of a contingency operation under a ensure that the member meets the applicable including a member who receives such health provision of law referred to in section medical and dental standards for deployment. care, shall be subject to the same deductibles, 101(a)(13)(B) of this title that provides for ac- ‘‘(2) The Secretary concerned shall promptly copayments, and other nonpremium charges for tive-duty service to begin under such order on a transmit to each member of the Ready Reserve health care as apply under this chapter for date after the date of the issuance of the order. eligible for screening and care under this sub- health care provided under the same TRICARE ‘‘(3) This section shall cease to be effective on section a notification of eligibility for such program option to dependents described in sub- September 30, 2004.’’. screening and care. paragraph (A), (D), or (I) of section 1072(2) of SEC. 1117. (a) Subject to subsection (b), during ‘‘(3) A member provided medical or dental this title. the period beginning on the date of the enact- screening or care under paragraph (1) may not ‘‘(g) TERMINATION OF ENROLLMENT.—(1) A ment of this Act and ending on September 30, be charged for the screening or care. member enrolled in the TRICARE program 2004, section 1145(a) of title 10, United States ‘‘(4) Screening and care may not be provided under this section may terminate the enrollment Code, shall be administered by substituting for under this section after September 30, 2004.’’. only during an open enrollment period provided paragraph (3) the following: SEC. 1115. (a) Chapter 55 of title 10, United under subsection (c), except as provided in sub- ‘‘(3) Transitional health care for a member States Code, is amended by inserting after sec- section (h). under subsection (a) shall be available for 180 tion 1076a the following new section: ‘‘(2) An enrollment of a member for self alone days beginning on the date on which the mem- ‘‘§ 1076b. TRICARE program: coverage for or for self and family under this section shall ber is separated from active duty.’’. members of the Ready Reserve terminate on the first day of the first month be- (b)(1) Subsection (a) shall apply with respect to separations from active duty that take effect ‘‘(a) ELIGIBILITY.—Each member of the Se- ginning after the date on which the member ceases to be eligible under subsection (a). on or after the date of the enactment of this Act. lected Reserve of the Ready Reserve and each (2) Beginning on October 1, 2004, the period member of the Individual Ready Reserve de- ‘‘(3) The enrollment of a member under this section may be terminated on the basis of failure for which a member is provided transitional scribed in section 10144(b) of this title is eligible, health care benefits under section 1145(a) of title subject to subsection (h), to enroll in TRICARE to pay the premium charged the member under this section. 10, United States Code, shall be adjusted as nec- and receive benefits under such enrollment for essary to comply with the limits provided under any period that the member— ‘‘(h) RELATIONSHIP TO TRANSITION TRICARE COVERAGE UPON SEPARATION FROM ACTIVE paragraph (3) of such section. ‘‘(1) is an eligible unemployment compensa- SEC. 1118. (a) At the time members of reserve tion recipient; or DUTY.—(1) A member may not enroll in the TRICARE program under this section while en- components of the Armed Forces are called or ‘‘(2) is not eligible for health care benefits ordered to active duty under Section 12302(a) of under an employer-sponsored health benefits titled to transitional health care under subsection (a) of section 1145 of this title or while title 10, United States Code, each member shall plan. be notified in writing of the expected period dur- ‘‘(b) TYPES OF COVERAGE.—(1) A member eligi- authorized to receive health care under subsection (c) of such section. ing which the member will be mobilized. ble under subsection (a) may enroll for either of (b) The Secretary of Defense may waive the ‘‘(2) A member who enrolls in the TRICARE the following types of coverage: requirements of subsection (a) in any case in program under this section within 90 days after ‘‘(A) Self alone coverage. which the Secretary determines that it is nec- the date of the termination of the member’s enti- ‘‘(B) Self and family coverage. essary to do so to respond to a national security tlement or eligibility to receive health care under ‘‘(2) An enrollment by a member for self and emergency or to meet dire operational require- subsection (a) or (c) of section 1145 of this title family covers the member and the dependents of ments of the Armed Forces. may terminate the enrollment at any time with- the member who are described in subparagraph SEC. 1119. The authority to utilize funds ap- in one year after the date of the enrollment. (A), (D), or (I) of section 1072(2) of this title. propriated for fiscal year 2003 for purposes pro- ‘‘(c) OPEN ENROLLMENT PERIODS.—The Sec- ‘‘(i) CERTIFICATION OF NONCOVERAGE BY vided by the first clause of section 1314(1) of retary of Defense shall provide for at least one OTHER HEALTH BENEFITS PLAN.—The Secretary Public Law 108–11, shall apply to the utilization open enrollment period each year. During an of Defense may require a member to submit any of available funds appropriated for fiscal year open enrollment period, a member eligible under certification that the Secretary considers appro- 2004 for such purposes. subsection (a) may enroll in the TRICARE propriate to substantiate the member’s assertion SEC. 1120. (a) Not later than April 30 and Oc- gram or change or terminate an enrollment in that the member is not covered for health care tober 31 of each year, the Secretary of Defense the TRICARE program. benefits under any other health benefits plan. shall submit to Congress a report on the military ‘‘(d) SCOPE OF CARE.—(1) A member and the ‘‘(j) ELIGIBLE UNEMPLOYMENT COMPENSATION operations of the Armed Forces and the recon- dependents of a member enrolled in the RECIPIENT DEFINED.—In this section, the term struction activities of the Department of Defense TRICARE program under this section shall be ‘eligible unemployment compensation recipient’ in Iraq and Afghanistan. entitled to the same benefits under this chapter means, with respect to any month, any indi- (b) Each report shall include the following in- as a member of the uniformed services on active vidual who is determined eligible for any day of formation: duty or a dependent of such a member, respec- such month for unemployment compensation (1) For each of Iraq and Afghanistan for the tively. under State law (as defined in section 205(9) of half-fiscal year ending during the month pre- ‘‘(2) Section 1074(c) of this title shall apply the Federal-State Extended Unemployment Com- ceding the due date of the report, the amount with respect to a member enrolled in the pensation Act of 1970), including Federal unem- expended for military operations of the Armed TRICARE program under this section. ployment compensation laws administered Forces and the amount expended for reconstruc- ‘‘(e) PREMIUMS.—(1) The Secretary of Defense through the State. tion activities, together with the cumulative shall charge premiums for coverage pursuant to ‘‘(k) REGULATIONS.—The Secretary of Defense, total amounts expended for such operations and enrollments under this section. The Secretary in consultation with the other administering activities. shall prescribe for each of the TRICARE pro- Secretaries, shall prescribe regulations for the (2) An assessment of the progress made toward gram options a premium for self alone coverage administration of this section. preventing attacks on United States personnel. and a premium for self and family coverage. ‘‘(l) TERMINATION OF AUTHORITY.—An enroll- (3) An assessment of the effects of the oper- ‘‘(2) The monthly amount of the premium in ment in TRICARE under this section may not ations and activities in Iraq and Afghanistan on effect for a month for a type of coverage under continue after September 30, 2004.’’. the readiness of the Armed Forces. this section shall be the amount equal to 28 per- (b) The table of sections at the beginning of (4) An assessment of the effects of the oper- cent of the total amount determined by the Sec- such chapter is amended by inserting after the ations and activities in Iraq and Afghanistan on retary on an appropriate actuarial basis as item relating to section 1076a the following new the recruitment and retention of personnel for being reasonable for the coverage. item: the Armed Forces.

VerDate jul 14 2003 03:05 Oct 31, 2003 Jkt 029060 PO 00000 Frm 00009 Fmt 7634 Sfmt 6333 E:\CR\FM\A30OC7.007 H30PT1 H10142 CONGRESSIONAL RECORD — HOUSE October 30, 2003

(5) For the half-fiscal year ending during the MILITARY CONSTRUCTION, AIR FORCE (B) A description of the purpose for which ap- month preceding the due date of the report, the For an additional amount for ‘‘Military Con- propriated funds available for operation and costs incurred for repair of Department of De- struction, Air Force’’, $292,550,000, to remain maintenance are being obligated. fense equipment used in the operations and ac- available until September 30, 2008: Provided, (C) Relevant documentation detailing the con- tivities in Iraq and Afghanistan. That notwithstanding any other provision of struction project. (6) The foreign countries, international orga- law, such funds may be obligated or expended to (D) An estimate of the total cost of the con- nizations, and nongovernmental organizations carry out planning and design and military construction project. that are contributing support for the ongoing struction projects not otherwise authorized by (E) The total amount obligated for the con- military operations and reconstruction activi- law. struction project as of the date of the submission of the report. ties, together with a discussion of the amount FAMILY HOUSING OPERATION AND MAINTENANCE, (e) RELATION TO OTHER AUTHORITIES.—The and types of support contributed by each during ARMY the half-fiscal year ending during the month temporary authority provided by this section, For an additional amount for ‘‘Family Hous- preceding the due date of the report. and the limited authority provided by section (7) The extent to which, and the schedule on ing Operation and Maintenance, Army’’, 2805(c) of title 10, United States Code, to use ap- which, the Selected Reserve of the Ready Re- $11,420,000. propriated funds available for operation and serve of the Armed Forces is being involuntarily FAMILY HOUSING OPERATION AND MAINTENANCE, maintenance to carry out a construction project ordered to active duty under section 12304 of NAVY AND MARINE CORPS are the only authorities available to the Sec- title 10, United States Code. For an additional amount for ‘‘Family Hous- retary of Defense and the Secretaries of the mili- (8) For each unit of the National Guard of the ing Operation and Maintenance, Navy and Ma- tary departments to use appropriated funds United States and the other reserve components rine Corps’’, $6,280,000. available for operation and maintenance to of the Armed Forces on active duty pursuant to FAMILY HOUSING OPERATION AND MAINTENANCE, carry out construction projects. an order to active duty under section 12304 of AIR FORCE (f) CONGRESSIONAL COMMITTEES.—The con- title 10, United States Code, the following infor- For an additional amount for ‘‘Family Hous- gressional committees referred to in this section mation: ing Operation and Maintenance, Air Force’’, are the following: (A) The unit. $6,981,000. (1) The Committee on Armed Services and the (B) The projected date of return of the unit to Subcommittees on Defense and Military Con- GENERAL PROVISION, THIS CHAPTER its home station. struction of the Committee on Appropriations of (C) The extent (by percentage) to which the SEC. 1301. (a) TEMPORARY AUTHORITY TO USE the Senate. forces deployed within the United States and OPERATION AND MAINTENANCE FUNDS FOR MILI- (2) The Committee on Armed Services and the outside the United States in support of a contin- TARY CONSTRUCTION PROJECTS.—During fiscal Subcommittees on Defense and Military Con- gency operation are composed of reserve compo- year 2004, the Secretary of Defense may use this struction of the Committee on Appropriations of nent forces. section as authority to obligate appropriated the House of Representatives. funds available for operation and maintenance SEC. 1121. In addition to amounts made avail- TITLE II—IRAQ AND AFGHANISTAN RE- to carry out a construction project outside the able elsewhere in this Act, there is hereby ap- CONSTRUCTION AND INTERNATIONAL United States that the Secretary determines propriated to the Department of Defense ASSISTANCE $100,000,000, for ‘‘Operation and Maintenance, meets each of the following conditions: CHAPTER 1 Army’’: Provided, That these funds are avail- (1) The construction is necessary to meet ur- able only for the purpose of securing and de- gent military operational requirements of a tem- DEPARTMENT OF JUSTICE stroying conventional munitions in Iraq, such porary nature involving the use of the Armed LEGAL ACTIVITIES as bombs, bomb materials, small arms, rocket Forces in support of Operation Iraqi Freedom or GENERAL LEGAL ACTIVITIES propelled grenades, and shoulder-launched mis- the Global War on Terrorism. For necessary expenses for ‘‘Salaries and Ex- (2) The construction is not carried out at a siles. penses, General Legal Activities’’, $15,000,000. military installation where the United States is CHAPTER 2 reasonably expected to have a long-term pres- DEPARTMENT OF STATE AND RELATED DEPARTMENT OF HOMELAND SECURITY ence. AGENCY UNITED STATES COAST GUARD (3) The United States has no intention of DEPARTMENT OF STATE OPERATING EXPENSES using the construction after the operational re- ADMINISTRATION OF FOREIGN AFFAIRS quirements have been satisfied. For an additional amount for ‘‘Operating Ex- DIPLOMATIC AND CONSULAR PROGRAMS penses’’, $23,183,000, for costs related to Hurri- (4) The level of construction is the minimum (INCLUDING RESCISSION) cane Isabel damage. necessary to meet the temporary operational requirements. For necessary expenses for ‘‘Diplomatic and EMERGENCY PREPAREDNESS AND RESPONSE (b) LIMITATION ON USE OF AUTHORITY.—The Consular Programs’’, $156,300,000, of which DISASTER RELIEF total cost of the construction projects carried $35,800,000 shall remain available until Sep- For an additional amount for ‘‘Disaster Re- out under the authority of this section using, in tember 30, 2006. lief’’, $500,000,000, to remain available until ex- whole or in part, appropriated funds available Of the funds appropriated under this heading pended. for operation and maintenance shall not exceed in the Emergency Wartime Supplemental Appro- GENERAL PROVISION, THIS CHAPTER $150,000,000 in fiscal year 2004. priations Act, 2003, $35,800,000 are rescinded. SEC. 1201. Effective upon the enactment of the (c) NOTIFICATIONS OF OBLIGATIONS OF EMBASSY SECURITY, CONSTRUCTION, AND Project BioShield Act of 2003, the Department of FUNDS.—Within fifteen days after the date on MAINTENANCE Homeland Security Appropriations Act, 2004 which appropriated funds available for oper- For necessary expenses for ‘‘Embassy Secu- (Public Law 108–90) is amended under the head- ation and maintenance are first obligated for a rity, Construction, and Maintenance’’, ing ‘‘Biodefense Countermeasures’’ by striking construction project under subsection (a), the $43,900,000, to remain available until expended: ‘‘securing medical countermeasures against bio- Secretary of Defense shall submit to the Con- Provided, That funds provided under this head- logical terror attacks’’ and inserting the fol- gressional defense committees notice of the obli- ing do not include facilities requirements spe- lowing: ‘‘procuring security countermeasures gation of funds and the construction project. cific to the United States Agency for Inter- under section 319F–2(c) of the Public Health The notice shall include the following: national Development, which are provided Service Act, as authorized under section 510(a) (1) Certification that the conditions specified under the heading ‘‘United States Agency for of the Homeland Security Act of 2002’’. in subsection (a) are satisfied with regard to the International Development, Operating Expenses construction project. CHAPTER 3 of the United States Agency for International (2) A description of the purpose for which ap- Development’’. MILITARY CONSTRUCTION propriated funds available for operation and EMERGENCIES IN THE DIPLOMATIC AND CONSULAR MILITARY CONSTRUCTION, ARMY maintenance are being obligated. SERVICE (3) Relevant documentation detailing the con- For an additional amount for ‘‘Military Con- (INCLUDING TRANSFER OF FUNDS) struction, Army’’, $162,100,000, to remain avail- struction project. (4) The total amount obligated for the con- For necessary expenses for ‘‘Emergencies in able until September 30, 2008: Provided, That the Diplomatic and Consular Service’’, notwithstanding any other provision of law, struction. (d) QUARTERLY REPORT.—(1) Not later than 30 $115,500,000, to remain available until expended, such funds may be obligated or expended to days after the end of each fiscal-year quarter of which may be transferred to, and merged with, carry out planning and design and military con- fiscal year 2004, the Secretary of Defense shall the appropriations for ‘‘Diplomatic and Con- struction projects not otherwise authorized by submit to the congressional committees specified sular Programs’’: Provided, That of the funds law. in subsection (f) a report on the worldwide obli- made available under this heading, $65,500,000 MILITARY CONSTRUCTION, NAVY gation and expenditure during that quarter of may be transferred to, and merged with, the ap- For an additional amount for ‘‘Military Con- appropriated funds available for operation and propriations for ‘‘Protection of Foreign Missions struction, Navy’’, $45,530,000, to remain avail- maintenance for construction projects. and Officials’’; of which $32,000,000 is for the re- able until September 30, 2008: Provided, That (2) The report shall include with regard to imbursement of the City of New York for costs notwithstanding any other provision of law, each project the following: associated with the protection of foreign mis- such funds may be obligated or expended to (A) Certification that the conditions specified sions and officials during the heightened state carry out military construction projects not oth- in subsection (a) are satisfied with regard to the of alert following the September 11, 2001, ter- erwise authorized by law. construction project. rorist attacks on the United States; of which

VerDate jul 14 2003 03:05 Oct 31, 2003 Jkt 029060 PO 00000 Frm 00010 Fmt 7634 Sfmt 6333 E:\CR\FM\A30OC7.009 H30PT1 October 30, 2003 CONGRESSIONAL RECORD — HOUSE H10143 $8,500,000 is for costs associated with the 2003 lows: $3,243,000,000 for security and law enforce- with relevant Iraqi officials, to ensure that a Free Trade Area of the Americas Ministerial ment; $1,318,000,000 for justice, public safety in- new Iraqi constitution preserves full rights to re- meeting; and of which $25,000,000 is for costs as- frastructure, and civil society, of which ligious freedom and tolerance of all faiths: Pro- sociated with the 2004 Summit of the Industri- $100,000,000 shall be made available for democ- vided further, That of the funds appropriated alized Nations notwithstanding the limitations racy building activities, and of which $10,000,000 under this heading, $100,000,000 shall be trans- of 3 U.S.C. 202(10): Provided further, That of shall be made available to the United States In- ferred to and consolidated with funds appro- the funds previously appropriated under this stitute for Peace for activities supporting peace priated by this Act for ‘‘Economic Support heading, $2,000,000 is for rewards for an indictee enforcement, peacekeeping and post-conflict Fund’’ for assistance for Jordan, $100,000,000 of of the Special Court for Sierra Leone: Provided peacebuilding; $5,560,000,000 for the electric sec- such funds shall be transferred to and consoli- further, That any transfer of funds provided tor; $1,890,000,000 for oil infrastructure; dated with funds appropriated by this Act for under this heading shall be treated as a re- $4,332,000,000 for water resources and sanita- ‘‘International Disaster and Famine Assist- programming of funds under section 605 of Pub- tion; $500,000,000 for transportation and tele- ance’’ for assistance for Liberia, and $10,000,000 lic Law 108–7. communications; $370,000,000 for roads, bridges, of such funds shall be transferred to and con- INTERNATIONAL ORGANIZATIONS and construction; $793,000,000 for health care; solidated with funds appropriated by this Act $153,000,000 for private sector development; and for ‘‘International Disaster and Famine Assist- CONTRIBUTIONS FOR INTERNATIONAL $280,000,000 for education, refugees, human ance’’ for assistance for Sudan. PEACEKEEPING ACTIVITIES rights, and governance: Provided, That the OPERATING EXPENSES OF THE COALITION For necessary expenses for ‘‘Contributions for President may reallocate up to 10 percent of any PROVISIONAL AUTHORITY International Peacekeeping Activities’’, of the preceding allocations, except that the $245,000,000, to remain available until expended. total for the allocation receiving such funds For necessary expenses of the Coalition Provi- RELATED AGENCY may not be increased by more than 20 percent: sional Authority in Iraq, established pursuant BROADCASTING BOARD OF GOVERNORS Provided further, That the President may in- to United Nations Security Council resolutions crease one such allocation only by up to an ad- including Resolution 1483, for personnel costs, INTERNATIONAL BROADCASTING OPERATIONS ditional 20 percent in the event of unforeseen or transportation, supply, equipment, facilities, For necessary expenses for ‘‘International emergency circumstances: Provided further, communications, logistics requirements, studies, Broadcasting Operations’’, for activities related That such reallocations shall be subject to the physical security, media support, promulgation to the Middle East Television Network broad- regular notification procedures of the Commit- and enforcement of regulations, and other ac- casting to Iraq, $40,000,000. tees on Appropriations and section 634A of the tivities needed to oversee and manage the relief GENERAL PROVISION—THIS CHAPTER Foreign Assistance Act of 1961 and notifications and reconstruction of Iraq and the transition to SEC. 2101. Funds appropriated under this shall be transmitted at least 15 days in advance democracy, $933,000,000, to remain available chapter for the Broadcasting Board of Gov- of the obligation of funds: Provided further, until September 30, 2005: Provided, That the ap- ernors and the Department of State may be obli- That funds appropriated under this heading propriation of funds under this heading shall gated and expended notwithstanding section 313 shall be apportioned only to the Coalition Provi- not be construed to limit or otherwise affect the of the Foreign Relations Authorization Act, Fis- sional Authority in Iraq (in its capacity as an ability of the Department of Defense to furnish cal Years 1994 and 1995, and section 15 of the entity of the United States Government), the De- assistance and services, and any other support, State Department Basic Authorities Act of 1956, partment of State, the Department of Health to the Coalition Provisional Authority. as amended. and Human Services, the Department of Treas- In addition, $50,000,000, to remain available CHAPTER 2 ury, the Department of Defense, and the United until September 30, 2005, to be used to fulfill the States Agency for International Development: reporting and monitoring requirements of this BILATERAL ECONOMIC ASSISTANCE Provided further, That upon a determination Act and for the preparation and maintenance of FUNDS APPROPRIATED TO THE PRESIDENT that all or part of the funds so transferred from public records required by this Act. this appropriation are not necessary for the pur- UNITED STATES AGENCY FOR INTERNATIONAL ECONOMIC SUPPORT FUND DEVELOPMENT poses provided herein, such amounts may be transferred back to this appropriation: Provided For an additional amount for ‘‘Economic Sup- OPERATING EXPENSES OF THE UNITED STATES further, That of the amount appropriated in port Fund’’, $872,000,000, to remain available AGENCY FOR INTERNATIONAL DEVELOPMENT this paragraph, not less than $6,000,000 shall be until December 31, 2004: Provided, That not less For an additional amount for ‘‘Operating Ex- made available for administrative expenses of than $672,000,000 is available only for acceler- penses of the United States Agency for Inter- the Department of State Bureau of Inter- ated assistance for Afghanistan: Provided fur- national Development’’, $38,100,000, for direct national Narcotics Control and Law Enforce- ther, That these funds are available notwith- support of operations in Afghanistan, to remain ment Affairs and not less than $29,000,000 shall standing section 660 of the Foreign Assistance available until September 30, 2005. be made available for administrative expenses of Act of 1961, and section 620(q) of that Act or In addition, for direct support of operations in the United States Agency for International De- any comparable provision of law: Provided fur- Iraq, $1,900,000, which shall be transferred to velopment for support of the reconstruction ac- ther, That these funds may be used for activities and merged with ‘‘Operating Expenses of the tivities in Iraq: Provided further, That of the related to disarmament, demobilization, and re- United States Agency for International Develop- funds appropriated under this heading, up to 10 integration of militia combatants, including reg- ment Office of Inspector General’’ for financial percent of such funds that are obligated, man- istration of such combatants, notwithstanding and performance audits of the Iraq Relief and aged, or administered by an agency of the section 531(e) of the Foreign Assistance Act of Reconstruction Fund and other assistance to United States Government, other than the Coali- 1961: Provided further, That the obligation of Iraq, to remain available until September 30, tion Provisional Authority, shall be made avail- funds made available by this Act or any prior 2005. able to such agency to fully pay for its adminis- appropriations Act for the purpose of deploying CAPITAL INVESTMENT FUND trative expenses: Provided further, That up to 1 and supporting senior advisors to the United For an additional amount for ‘‘Capital Invest- percent of the amount appropriated in this States Chief of Mission in Kabul, Afghanistan, ment Fund’’, $16,600,000, to remain available paragraph may be transferred to ‘‘Operating is subject to the regular reprogramming and no- until expended: Provided, That the Adminis- Expenses of the Coalition Provisional Author- tification procedures of the Committees on Ap- trator of the United States Agency for Inter- ity’’, and that any such transfer shall be in ac- propriations and section 634A of the Foreign As- national Development shall assess fair and rea- cordance with the regular notification proce- sistance Act of 1961: Provided further, That sonable rental payments for the use of space by dures of the Committees on Appropriations and $60,000,000 should be made available for assist- employees of other United States Government section 634A of the Foreign Assistance Act of ance for Afghan women and girls and $5,000,000 agencies in buildings constructed using funds 1961: Provided further, That funds appropriated shall be made available for the Afghan Inde- appropriated under this heading, and such rent- under this heading shall be used to protect and pendent Human Rights Commission: Provided al payments shall be deposited into this account promote public health and safety, including for further, That not less than $8,000,000 is avail- as an offsetting collection: Provided further, the arrest, detention and prosecution of crimi- able only for the provision of adequate dedi- That the rental payments collected pursuant to nals and terrorists: Provided further, That of cated air transport and support for civilian per- the previous proviso and deposited as an offset- the funds appropriated under this heading, as- sonnel at provincial reconstruction team sites: ting collection shall be available for obligation sistance shall be made available for Iraqi civil- Provided further, That upon the receipt by the only pursuant to the regular notification proce- ians who have suffered losses as a result of mili- Speaker of the House of Representatives and the dures of the Committees on Appropriations. tary operations: Provided further, That con- President of the Senate of a determination by OTHER BILATERAL ECONOMIC tributions of funds for the purposes provided the President that the Government of Pakistan ASSISTANCE herein from any person, foreign government, or is cooperating with the United States in the international organization, may be credited to global war on terrorism, not to exceed FUNDS APPROPRIATED TO THE PRESIDENT this Fund and used for such purposes: Provided $200,000,000 appropriated under this heading IRAQ RELIEF AND RECONSTRUCTION FUND further, That the Administrator of the Coalition may be used for the costs, as defined in section (INCLUDING TRANSFERS OF FUNDS) Provisional Authority shall seek to ensure that 502 of the Congressional Budget Act of 1974, of For necessary expenses to carry out the pur- programs, projects and activities funded under modifying direct loans and guarantees for Paki- poses of the Foreign Assistance Act of 1961, for this heading, comply fully with USAID’s ‘‘Pol- stan: Provided further, That amounts that are security, relief, rehabilitation and reconstruc- icy Paper: Disability’’ issued on September 12, made available under the previous proviso for tion in Iraq, $18,649,000,000, to remain available 1997: Provided further, That the Coalition Pro- the cost of modifying direct loans and guaran- until September 30, 2006, to be allocated as fol- visional Authority shall work, in conjunction tees shall not be considered ‘‘assistance’’ for the

VerDate jul 14 2003 03:05 Oct 31, 2003 Jkt 029060 PO 00000 Frm 00011 Fmt 7634 Sfmt 6333 E:\CR\FM\A30OC7.011 H30PT1 H10144 CONGRESSIONAL RECORD — HOUSE October 30, 2003 purposes of provisions of law limiting assistance Act (41 U.S.C. 251 et seq.), and any exception, if ations, Export Financing and Related Programs to a country. deemed necessary, shall be only upon the writ- Appropriations Acts. INTERNATIONAL DISASTER AND FAMINE ten approval of the Administrator of the Coali- (B) This section shall not apply to contracts ASSISTANCE tion Provisional Authority and the head of the of less than $5,000,000. executive agency of the United States awarding (C) This section shall not apply to contracts (INCLUDING TRANSFERS OF FUNDS) and managing such contract and such authority authorized by the Small Business Act (15 U.S.C. For necessary expenses for International Dis- shall not be delegated. 631 et seq.). aster and Famine Assistance utilizing the gen- (b) In any case in which procedures other (b) CLASSIFIED INFORMATION.— eral authorities of section 491 of the Foreign As- than full and open competitive procedures are to (1) AUTHORITY TO WITHHOLD.—The head of an sistance Act of 1961, to respond to or prevent be used to enter into a contract, the Adminis- executive agency may— unforeseen complex foreign crises in Liberia and trator of the Coalition Provisional Authority or (A) withhold from publication and disclosure Sudan, $110,000,000, and by transfer not to ex- the head of such executive agency of the United under subsection (a) any document that is clas- ceed 0.5 percent of the funds appropriated under States shall submit not later than 7 calendar sified for restricted access in accordance with an any other heading in this chapter, to remain days before the award of the contract a notifica- Executive order in the interest of national de- available to the Secretary of State until Sep- tion to the Committees on Appropriations, and fense or foreign policy; and tember 30, 2005: Provided, That funds appro- the Committees on Government Reform and (B) redact any part so classified that is in a priated under this heading may be made avail- International Relations of the House of Rep- document not so classified before publication able only pursuant to a determination by the resentatives, and the Committees on Govern- and disclosure of the document under subsection President, after consultation with the appro- mental Affairs and Foreign Relations of the (a). priate congressional committees, that it is in the Senate. Such notification shall provide the jus- (2) AVAILABILITY TO CONGRESS.—In any case national interest and essential to efforts to re- tification for use of other than full and open in which the head of an executive agency with- duce international terrorism to furnish assist- competitive procedures, a brief description of the holds information under paragraph (1), the ance on such terms and conditions as he may contract’s scope, the amount of the contract, a head of such executive agency shall make avail- determine for such purposes, including support discussion of how the contracting agency identi- able an unredacted version of the document for peace and humanitarian intervention oper- fied and solicited offers from contractors, a list containing that information to the chairman ations: Provided further, That none of these of the contractors solicited, and the justification and ranking member of each of the following funds shall be available to respond to natural and approval documents (as required under sec- committees of Congress: disasters: Provided further, That funds made tion 303(f)(1) of the Federal Property and Ad- (A) The Committee on Governmental Affairs of available under this heading to respond to or ministrative Services Act of 1949 (41 U.S.C. the Senate and the Committee on Government prevent unforeseen complex foreign crises shall 253(f)(1)) on which was based the determination Reform of the House of Representatives. be subject to the regular notification procedures of use of procedures other than full and open (B) The Committees on Appropriations of the of the Committees on Appropriations: Provided competitive procedures. Senate and the House of Representatives. further, That not less than $100,000,000 of the (c)(1) This section shall not apply to contracts (C) Each committee that the head of the exec- funds appropriated under this heading shall be of less than $5,000,000. utive agency determines has legislative jurisdic- made available for assistance for Liberia. (2) This section also shall apply to any exten- tion for the operations of such department or DEPARTMENT OF STATE sion, amendment or modification of contracts agency to which the information related. INTERNATIONAL NARCOTICS CONTROL AND LAW entered into prior to the enactment of this Act (c) RELATIONSHIP TO OTHER DISCLOSURE ENFORCEMENT using other than full and open competitive pro- LAWS.—Nothing in this section shall be construed as affecting obligations to disclose United For an additional amount for ‘‘International cedures using Iraq Relief and Reconstruction States Government information under any other Narcotics Control and Law Enforcement’’, Funds in this Act and under Public Law 108–11 provision of law. $170,000,000, to remain available until December or funds made available in prior Foreign Oper- ations, Export Financing and Related Programs (d) DEFINITIONS.—In this section and section 31, 2004, for accelerated assistance for Afghani- 2202 of this Act, the terms ‘‘full and open com- stan. Appropriations Acts. (3) This section shall not apply to contracts petitive procedures’’ and ‘‘executive agency’’ NONPROLIFERATION, ANTI-TERRORISM, DEMINING authorized by the Small Business Act (15 U.S.C. have the meanings given such terms in section 4 AND RELATED PROGRAMS 631 et seq.). of the Office of Federal Procurement Policy Act For an additional amount for ‘‘Nonprolifera- SEC. 2203. (a) DISCLOSURE REQUIRED.— (41 U.S.C. 403). tion, Anti-Terrorism, Demining and Related (1) PUBLICATION AND PUBLIC AVAILABILITY.— SEC. 2204. Section 1503 of Public Law 108–11 is Programs’’, $35,000,000, for accelerated assist- The Administrator of the Coalition Provisional amended— ance for Afghanistan. Authority or the head of an executive agency of (1) by striking ‘‘equipment’’ and inserting in MILITARY ASSISTANCE the United States that enters into a contract for lieu thereof ‘‘equipment, including equipment’’; and FUNDS APPROPRIATED TO THE PRESIDENT assistance for Iraq, using funds described in paragraph (2), through the use of other than (2) by striking ‘‘2004’’ and inserting in lieu FOREIGN MILITARY FINANCING PROGRAM full and open competitive procedures, shall pub- thereof ‘‘2005’’. For an additional amount for the ‘‘Foreign lish in the Federal Register or Federal Business SEC. 2205. Section 1504 of Public Law 108–11 is Military Financing Program’’, $287,000,000, for Opportunities, and otherwise make available to amended by— accelerated assistance for Afghanistan. the public, including publication on the Coali- (1) in the first proviso, striking the first pro- PEACEKEEPING OPERATIONS tion Provisional Authority’s website, not later viso, and inserting in lieu thereof: ‘‘Provided, That, subject to the notification requirements of For an additional amount for ‘‘Peacekeeping than 7 days before the date on which the con- this section, exports may be authorized of lethal Operations’’, $50,000,000, to support the global tract is entered into, the following information: military equipment designated by the Secretary war on terrorism. (A) The amount of the contract. (B) A brief description of the scope of the con- of State for use by a reconstituted (or interim) GENERAL PROVISIONS, THIS CHAPTER tract. Iraqi military or police force, and of small arms SEC. 2201. None of the funds appropriated by (C) A discussion of how the executive agency designated by the Secretary of State for use for this Act or any unexpended funds provided in and, when applicable, the Coalition Provisional private security purposes:’’; and Public Law 108–11 may be used to repay, in Authority, identified, and solicited offers from, (2) in the last proviso, striking ‘‘2004’’ and in- whole or in part, principal or interest on any potential contractors to perform the contract, serting in lieu thereof ‘‘2005’’. loan or guarantee agreement entered into by the together with a list of the potential contractors SEC. 2206. Section 202(b) of the Afghanistan Government of Iraq with any private or public that were issued solicitations for the offers. Freedom Support Act of 2002 (Public Law 107– sector entity including with the government of (D) The justification and approval documents 327) is amended by striking ‘‘$300,000,000’’ and any country (including any agency of such gov- (as required under section 303(f)(1) of the Fed- inserting in lieu thereof ‘‘$450,000,000’’. ernment or any entity owned in whole or in part eral Property and Administrative Services Act of SEC. 2207. (a) The Director of the Office of by the government of such country) or with any 1949 (41 U.S.C. 253(f)(1)) on which was based the Management and Budget, in consultation with international financial institution, prior to May determination to use procedures other than com- the Administrator of the Coalition Provisional 1, 2003: Provided, That for the purpose of this petitive procedures. Authority (CPA) and the Committees on Appro- section, the term ‘‘international financial insti- (2) FUNDS.—The funds referred to in para- priations, shall submit to the Committees on Ap- tution’’ shall mean those institutions contained graph (1) are any funds under the heading propriations not later than January 5, 2004 and in section 530(b) of division E of Public Law ‘‘Iraq Relief and Reconstruction Fund’’ in this prior to the initial obligation of funds appro- 108–7. Act, and under the same heading in Public Law priated by this Act under the heading ‘‘Iraq Re- SEC. 2202 (a) Notwithstanding any other pro- 108–11. lief and Reconstruction Fund’’ a report on the vision of law, none of the funds appropriated by (3) APPLICABILITY.— proposed uses of all funds under this heading this Act under the heading ‘‘Iraq Relief and Re- (A) This section shall also apply to any exten- on a project-by-project basis, for which the obli- construction Fund’’ and under the same head- sion, amendment or modification of contracts gation of funds is anticipated during the 3 ing in Public Law 108–11 may be used for enter- entered into prior to the enactment of this Act month period from such date, including esti- ing into any Federal contract (including follow- using other than full and open competitive pro- mates by the CPA of the costs required to com- on contract) using other than full and open cedures using Iraq Relief and Reconstruction plete each such project: Provided, That up to 20 competition, except in accordance with the Fed- Funds in this Act and under Public Law 108–11 percent of funds appropriated under such head- eral Property and Administrative Procedures or funds made available in prior Foreign Oper- ing may be obligated before the submission of

VerDate jul 14 2003 03:05 Oct 31, 2003 Jkt 029060 PO 00000 Frm 00012 Fmt 7634 Sfmt 6333 E:\CR\FM\A30OC7.013 H30PT1 October 30, 2003 CONGRESSIONAL RECORD — HOUSE H10145 the report: Provided further, That in addition (1) in section 1(b), by striking ‘‘2003’’ wherever tion on the Rights of the Child on the Involve- such report shall include the following: appearing (including in the caption), and in- ment of Children in Armed Conflicts. (1) The use of all funds on a project-by-project serting in lieu thereof ‘‘2004’’; SEC. 2217. PARTICIPATION OF WOMEN IN AF- basis for which funds appropriated under such (2) in section 3(2), by striking ‘‘Foreign Oper- GHANISTAN AND IRAQ RECONSTRUCTION. (a) GOV- heading were obligated prior to the submission ations, Export Financing, and Related Programs ERNANCE.—Activities carried out by the United of the report, including estimates by the CPA of Appropriations Act, 2002, as is’’ and inserting in States with respect to the civilian governance of the costs required to complete each project. lieu thereof ‘‘annual foreign operations, export Afghanistan and Iraq shall, to the maximum ex- (2) The distribution of duties and responsibil- financing, and related programs appropriations tent practicable— ities regarding such projects among the agencies Acts for fiscal years 2002, 2003, and 2004, as (1) include the perspectives and advice of of the United States Government. are’’; and women’s organizations in Afghanistan and Iraq, (3) Revenues to the CPA attributable to or (3) in section 6, by striking ‘‘2003’’ and insert- respectively; consisting of funds provided by foreign governing in lieu thereof ‘‘2004’’. (2) promote the high level participation of ments and international organizations, SEC. 2214. The Afghanistan Freedom Support women in future legislative bodies and min- disaggregated by donor, any obligations or ex- Act of 2002 (Public Law 107–327), is amended in istries and ensure that human rights for women penditures of such revenues, and the purpose of section 108(a), by striking ‘‘$425,000,000 for each are upheld in any constitution or legal institu- such obligations and expenditures. of the fiscal years 2003 through 2006’’ and in- tion of Afghanistan and Iraq, respectively. (4) Revenues to the CPA attributable to or serting in lieu thereof ‘‘$1,825,000,000 for fiscal (b) POST-CONFLICT RECONSTRUCTION AND DE- consisting of foreign assets seized or frozen, any year 2004 and $425,000,000 for each of fiscal VELOPMENT.—Activities carried out by the obligations or expenditures of such revenues, years 2005 and 2006’’. United States with respect to post-conflict sta- and the purpose of such obligations and expend- SEC. 2215. REPORTS ON IRAQ AND AFGHANI- bility in Afghanistan and Iraq shall, to the max- itures. STAN. (a)(1) The Coalition Provisional Authority imum extent practicable— (b) Any proposed new projects and increases (CPA) shall, on a monthly basis until September (1) encourage the United States organizations in funding of ongoing projects shall be reported 30, 2006, submit a report to the Committees on that receive funds made available by this Act to to the Committees on Appropriations in accord- Appropriations which details, for the preceding provide significant financial resources, tech- ance with regular notification procedures. month, Iraqi oil production and oil revenues, nical assistance and capacity building to coun- (c) The report required by subsection (a) shall and uses of such revenues. terpart organizations led by Afghans and Iraqis, be updated and submitted to the Committees on (2) The first report required by this subsection respectively; Appropriations every 3 months and shall in- shall be submitted not later than 30 days after (2) increase the access of women to, or owner- clude information on how the estimates and as- enactment of this Act. ship by women of, productive assets such as sumptions contained in previous reports have (3) The reports required by this subsection land, water, agricultural inputs, credit, and changed. shall also be made publicly available in both property in Afghanistan and Iraq, respectively; (d) The requirements of this section shall ex- English and Arabic, including through the (3) provide long-term financial assistance for pire on October 1, 2007. CPA’s Internet website. education for girls and women in Afghanistan SEC. 2208. Any reference in this chapter to the (b) The Secretary of State, in consultation and Iraq, respectively; and ‘‘Coalition Provisional Authority in Iraq’’ or the with the heads of other relevant Federal agen- (4) integrate education and training programs ‘‘Coalition Provisional Authority’’ shall be cies, shall submit a report to the Committees on for former combatants in Afghanistan and Iraq, deemed to include any successor United States Appropriations not later than 90 days after en- respectively, with economic development pro- Government entity with the same or substan- actment of this Act detailing: grams to— tially the same authorities and responsibilities (1) the amount of debt incurred by the Gov- (A) encourage the reintegration of such former as the Coalition Provisional Authority in Iraq. ernment of Saddam Hussein in Iraq, the impact combatants into society; and SEC. 2209. Assistance or other financing under forgiveness of such debt would have on recon- (B) promote post-conflict stability in Afghani- chapter 2 of this title may be provided for Iraq struction and long-term prosperity in Iraq, and stan and Iraq, respectively. and Afghanistan notwithstanding any other the estimated amount that Iraq will pay, or that (c) MILITARY AND POLICE.—Activities carried provision of law not contained in this Act that will be paid on behalf of Iraq, to a foreign coun- out by the United States with respect to training restricts assistance to foreign countries and sec- try to service such debt during fiscal year 2004; for military and police forces in Afghanistan tion 660 of the Foreign Assistance Act of 1961: (2) the efforts of the Government of the United and Iraq shall include training, designed in con- Provided, That funds made available for Iraq States to increase resources contributed by for- sultation with women’s organizations in Af- pursuant to the authority of this section shall eign countries and international organizations, ghanistan and Iraq, respectively, on the protec- be subject to the regular reprogramming notifi- including the United Nations, to the reconstruction, rights, and particular needs of women. cation procedures of the Committees on Appro- tion and rehabilitation of Iraq and to increase TITLE III—INSPECTOR GENERAL OF THE priations and section 634A of the Foreign Assist- international participation in peacekeeping and COALITION PROVISIONAL AUTHORITY. ance Act of 1961, except that notification shall security efforts in Iraq; SEC. 3001. INSPECTOR GENERAL OF THE COALI- be transmitted at least 5 days in advance of obli- (3) the manner in which the needs of people TION PROVISIONAL AUTHORITY. gation. with disabilities are being addressed in the de- (a) PURPOSES.—The purposes of this section SEC. 2210. Funds made available in chapter 2 velopment and implementation of programs, are as follows: of this title are made available notwithstanding projects and activities funded by the United (1) To provide for the independent and objec- section 10 of Public Law 91–672 and section 15 of States Government in Iraq and Afghanistan; tive conduct and supervision of audits and in- the State Department Basic Authorities Act of (4) the progress being made toward indicting vestigations relating to the programs and oper- 1956, as amended. and trying leaders of the former Iraqi regime for ations of the Coalition Provisional Authority SEC. 2211. Notwithstanding any other provi- war crimes, genocide, and crimes against hu- (CPA). sion of law, the Overseas Private Investment manity; and (2) To provide for the independent and objec- Corporation is authorized to undertake any pro- (5) the efforts of relevant Iraqi officials and tive leadership and coordination of, and rec- gram authorized by title IV of the Foreign As- legal advisors to ensure that a new Iraqi con- ommendations on, policies designed to— sistance Act of 1961 in Iraq: Provided, That stitution preserves religious freedom and toler- (A) promote economy efficiency, and effective- funds made available pursuant to the authority ance of all faiths. ness in the administration of such programs and of this section shall be subject to the regular re- (c) Title III of Public Law 107–327 is amended operations; and programming notification procedures of the as follows by inserting the following new sec- (B) prevent and detect fraud and abuse in Committees on Appropriations. tion: such programs and operations. SEC. 2212. In addition to transfer authority ‘‘SEC. 304. REPORTS. (3) To provide for an independent and objec- otherwise provided in chapter 2 of this title, any ‘‘The Secretary of State shall submit reports to tive means of keeping the head of the Coalition appropriation made available in chapter 2 of the Committees on Foreign Relations and Ap- Provisional Authority fully and currently in- this title may be transferred between such appropriations of the Senate, and the Committees formed about problems and deficiencies relating propriations, to be available for the same pur- on International Relations and Appropriations to the administration of such programs and op- poses and the same time as the appropriation to of the House of Representatives on progress erations and the necessity for and progress for which transferred: Provided, That the total made in accomplishing the ‘Purposes of Assist- corrective action. amount transferred pursuant to this section ance’ set forth in section 102 of this Act utilizing (b) OFFICE OF INSPECTOR GENERAL.—There is shall not exceed $100,000,000: Provided further, assistance provided by the United States for Af- hereby established the Office of the Inspector That the Secretary of State shall consult with ghanistan. The first report shall be submitted no General of the Coalition Provisional Authority. the Committees on Appropriations prior to exer- later than December 31, 2003, and subsequent re- (c) APPOINTMENT OF INSPECTOR GENERAL; RE- cising the authority contained in this section: ports shall be submitted in conjunction with re- MOVAL.—(1) The head of the Office of the In- Provided further, That funds made available ports required under section 303 of this title and spector General of the Coalition Provisional Au- pursuant to the authority of this section shall thereafter through December 31, 2004.’’. thority is the Inspector General of the Coalition be subject to the regular notification procedures SEC. 2216. None of the funds appropriated or Provisional Authority, who shall be appointed of the Committees on Appropriations, except otherwise made available under chapter 2 of by the Secretary of Defense, in consultation that notification shall be transmitted at least 10 title II of this Act may be obligated or expended with the Secretary of State. days in advance of the obligation of funds. for any activity in contravention of Articles 1 (2) The appointment of Inspector General SEC. 2213. Public Law 107–57 is amended— and 4 of the Optional Protocol to the Conven- shall be made solely on the basis of integrity

VerDate jul 14 2003 03:05 Oct 31, 2003 Jkt 029060 PO 00000 Frm 00013 Fmt 7634 Sfmt 6333 E:\CR\FM\A30OC7.016 H30PT1 H10146 CONGRESSIONAL RECORD — HOUSE October 30, 2003 and demonstrated ability in accounting, audit- under this section, the Inspector General shall (E) Operating expenses of the Coalition Provi- ing, financial analysis, law, management anal- coordinate with, and receive the cooperation of sional Authority and of any other agencies or ysis, public administration, or investigations. the Inspector General of the United States entities receiving appropriated funds. (3) The nomination of an individual as In- Agency for International Development. (F) In the case of any contract described in spector General shall be made not later than 30 (g) POWERS AND AUTHORITIES.—(1) In car- paragraph (2)— days after the date of the enactment of this Act. rying out the duties specified in subsection (f), (i) the amount of the contract or other agree- (4) The Inspector General shall be removable the Inspector General shall have the authorities ment; from office in accordance with the provisions of provided in section 6 of the Inspector General (ii) a brief discussion of the scope of the con- section 3(b) of the Inspector General Act of 1978 Act of 1978. tract or other agreement; (5 U.S.C. App.). (2) The Inspector General shall carry out the (iii) a discussion of how the Coalition Provi- (5) For purposes of section 7324 of title 5, duties specified in subsection (f)(1) in accord- sional Authority identified, and solicited offers United States Code, the Inspector General shall ance with section 4(b)(1) of the Inspector Gen- from, potential contractors to perform the con- not be considered an employee who determines eral Act of 1978. tract, together with a list of the potential con- policies to be pursued by the United States in (h) PERSONNEL, FACILITIES, AND OTHER RE- tractors that were issued solicitations for the of- the nationwide administration of Federal law. SOURCES.—(1) The Inspector General may select, fers; and (6) The annual rate of basic pay of the In- appoint, and employ such officers and employ- (iv) the justification and approval documents spector General shall be the annual rate of basic ees as may be necessary for carrying out the du- on which was based the determination to use pay provided for positions at level IV of the Ex- ties of the Inspector General, subject to the pro- procedures other than procedures that provide ecutive Schedule under section 5315 of title 5, visions of title 5, United States Code, governing for full and open competition. United States Code. appointments in the competitive service, and the (2) A contract described in this paragraph is (d) ASSISTANT INSPECTORS GENERAL.—The In- provisions of chapter 51 and subchapter III of any major contract or other agreement that is spector General shall, in accordance with appli- chapter 53 of such title, relating to classification entered into by the Coalition Provisional Au- cable laws and regulations governing the civil and General Schedule pay rates. thority with any public or private sector entity service— (2) The Inspector General may obtain services for any of the following purposes: (1) appoint an Assistant Inspector General for as authorized by section 3109 of title 5, United (A) To build or rebuild physical infrastructure Auditing who shall have the responsibility for States Code, at daily rates not to exceed the of Iraq. supervising the performance of auditing activi- equivalent rate prescribed for grade GS–15 of the (B) To establish or reestablish a political or ties relating to programs and operations of the General Schedule by section 5332 of such title. societal institution of Iraq. Coalition Provisional Authority; and (3) To the extent and in such amounts as may (C) To provide products or services to the peo- (2) appoint an Assistant Inspector General for be provided in advance by appropriations Acts, ple of Iraq. Investigations who shall have the responsibility the Inspector General my enter into contracts (3) Not later than June 30, 2004, and semi- for supervising the performance of investigative and other arrangements for audits, studies, annually thereafter, the Inspector General shall activities relating to such programs and oper- analyses, and other services with public agen- submit to the appropriate committees of Con- ations. cies and with private persons, and make such gress a report meeting the requirements of sec- (e) SUPERVISION.—(1) Except as provided in payments as may be necessary to carry out the tion 5 of the Inspector General Act of 1978 paragraph (2), the Inspector General shall re- duties of the Inspector General. (4) The Inspector General shall publish each port directly to, and be under the general super- (4)(A) Upon request of the Inspector General report under this subsection in both English and vision of, the head of the Coalition Provisional for information or assistance from any depart- Arabic on the Internet website of the Coalition Authority. ment, agency, or other entity of the Federal Provisional Authority. (2) Neither the head of the Coalition Provi- Government, the head of such entity shall, inso- (5) Each report under this subsection may in- sional Authority, any other officer of the Coali- far as is practicable and not in contravention of clude a classified annex if the Inspector General tion Provisional Authority, nor any other officer any existing law, furnish such information or considers it necessary. of the Department of Defense, the Department assistance to the Inspector General, or an au- (6) Nothing in this subsection shall be con- of State, or the United States Agency for Inter- thorized designee. strued to authorize the public disclosure of in- national Development shall prevent or prohibit (B) Whenever information or assistance re- formation that is— the Inspector General from initiating, carrying quested by the Inspector General is, in the judg- (A) specifically prohibited from disclosure by out, or completing any audit or investigation, or ment of the Inspector General, unreasonably re- any other provision of law; from issuing any subpoena during the course of fused or not provided, the Inspector General (B) specifically required by Executive order to any audit or investigation. shall report the circumstances to the head of the be protected from disclosure in the interest of (f) DUTIES.—(1) It shall be the duty of the In- Coalition Provisional Authority and to the ap- national defense or national security or in the spector General to conduct, supervise, and co- propriate committees of Congress without delay. conduct of foreign affairs; or ordinate audits and investigations of the treat- (5) The head of the Coalition Provisional Au- (C) a part of an ongoing criminal investiga- ment, handling, and expenditure of appro- thority shall provide the Inspector General with tion. priated funds by the Coalition Provisional Au- appropriate and adequate office space at the (j) REPORT COORDINATION.—(1) The Inspector thority in Iraq, and of the programs, operations, central and field office locations of the Coalition General shall also submit each report under sub- and contracts carried out utilizing such funds, Provisional Authority, together with such section (i) to the head of the Coalition Provi- including— equipment, office supplies, and communications sional Authority. (A) the oversight and accounting of the obli- facilities and services as may be necessary for (2)(A) Not later than 30 days after receipt of gation and expenditure of such funds; a report under paragraph (1), the head of the (B) the monitoring and review of reconstruc- the operation of such offices, and shall provide Coalition Provisional Authority may submit to tion activities funded by such funds; necessary maintenance services for such offices (C) the monitoring and review of contracts and the equipment and facilities located therein. the appropriate committees of Congress any funded by such funds; (i) REPORTS.—(1) Not later than March 30, comments on the matters covered by the report (D) the monitoring and review of the transfer 2004, and every calendar quarter thereafter, the as the head of the Coalition Provisional Author- of such funds and associated information be- Inspector General shall submit to the appro- ity considers appropriate. tween and among the Coalition Provisional Au- priate committees of Congress a report summa- (B) A report under this paragraph may in- thority, other departments, agencies, and enti- rizing the activities of the Inspector General and clude a classified annex if the head of the Coali- ties of the Federal Government, and private and the Coalition Provisional Authority during the tion Provisional Authority considers it nec- nongovernmental entities; and 120-day period ending on the date of such re- essary. (E) the maintenance of records on the use of port. Each report shall include, for the period (k) TRANSPARENCY.—(1) Not later than 60 such funds to facilitate future audits and inves- covered by such report, a detailed statement of days after the date of the submittal to Congress tigations of the use of such funds. all obligations, expenditures, and revenues asso- of a report under subsection (i), the head of the (2) The Inspector General shall establish, ciated with reconstruction and rehabilitation Coalition Provisional Authority shall make cop- maintain, and oversee such systems, procedures, activities in Iraq, including the following: ies of such report available to the public upon and controls as the Inspector General considers (A) Obligations and expenditures of appro- request, and at a reasonable cost. appropriate to discharge the duty under para- priated funds. (2) Not later than 60 days after the date of the graph (1). (B) A project-by-project and program-by-pro- submittal to Congress under subsection (j)(2) of (3) In addition to the duties specified in para- gram accounting of the costs incurred to date comments on a report under subsection (i), the graphs (1) and (2), the Inspector General shall for the reconstruction of Iraq, together with the head of the Coalition Provisional Authority also have the duties and responsibilities of in- estimate of the Coalition Provisional Authority shall make copies of such comments available to spectors general under the Inspector General of the costs to complete each project and each the public upon request, and at a reasonable Act of 1978. program. cost. (4) In carrying out the duties, responsibilities, (C) Revenues attributable to or consisting of (l) WAIVER.—(1) The President may waive the and authorities of the Inspector General under funds provided by foreign nations or inter- requirement under paragraph (1) or (3) of sub- this section, the Inspector General shall coordi- national organizations, and any obligations or section (i) for the inclusion in a report under nate with, and receive the cooperation of, the expenditures of such revenues. such paragraph of any element otherwise pro- Inspector General of the Department of Defense. (D) Revenues attributable to or consisting of vided for under such paragraph if the President (5) In carrying out the duties, and responsibil- foreign assets seized or frozen, and any obliga- determines that the waiver is justified for na- ities, and authorities of the Inspector General tions or expenditures of such revenues. tional security reasons.

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(2) The President shall publish a notice of ian while on active duty (so long as such chil- HARRY REID each waiver made under this subsection in the dren reside on Federal property as described in (except title II), Federal Register no later than the date on section 8003(a)(1)(B)), are no longer eligible PATTY MURRAY which the reports required under paragraph (1) under such section, shall be considered as eligi- (except title II), or (3) of subsection (i) are submitted to Con- ble students under such section, provided such BYRON L. DORGAN gress. The reports required under paragraph (1) students remain in average daily attendance at (except title II), or (3) of subsection (i) shall specify whether a school in the same local educational agency DIANNE FEINSTEIN waivers under this subsection were made and they attended prior to their change in eligibility (except title II), with respect to which elements. status. TIM JOHNSON (m) APPROPRIATE COMMITTEES OF CONGRESS This Act may be cited as the ‘‘Emergency Sup- (except title II), DEFINED.—In this section, the term ‘‘appro- plemental Appropriations Act for Defense and MARY L. LANDRIEU priate committees of Congress’’ means— for the Reconstruction of Iraq and Afghanistan, (except title II), (1) the Committees on Appropriations, Armed 2004’’. Managers on the Part of the Senate. Services, and Foreign Relations of the Senate; And the Senate agree to the same. JOINT EXPLANATORY STATEMENT OF and THE COMMITTEE OF CONFERENCE (2) the Committees on Appropriations, Armed BILL YOUNG, Services, and International Relations of the JERRY LEWIS, The managers on the part of the House and House of Representatives. HAL ROGERS, the Senate at the conference on the dis- (n) FUNDING.—(1) Of the amounts appro- FRANK WOLF, agreeing votes of the two Houses on the priated for fiscal year 2004 for the Operating Ex- JIM KOLBE, amendment of the Senate to the bill (H.R. penses of the Coalition Provisional Authority in JAMES T. WALSH, 3289) making emergency supplemental appro- title II of this Act, $75,000,000 shall be available JOE KNOLLENBERG, priations for defense and for the reconstruc- to carry out this section. JOHN P. MURTHA, tion of Iraq and Afghanistan for the fiscal (2) The amount available under paragraph (1) NITA M. LOWEY, year ending September 30, 2004, and for other shall remain available until expended. CHET EDWARDS, purposes, submit the following joint state- (o) The Office of Inspector General shall ter- Managers on the Part of the House. ment to the House and the Senate in explanation of the effects of the action agreed minate 6 months after the authorities and duties TED STEVENS, upon by the managers and recommended in of the Coalition Provisional Authority cease to THAD COCHRAN, the accompanying conference report. exist. ARLEN SPECTER, TITLE IV—GENERAL PROVISIONS, THIS PETE DOMENICI, Report language included by the House in ACT CHRISTOPHER BOND, the report accompanying H.R. 3289 (H. Rept. 108–312) and included by the Senate in the re- SEC. 4001. No part of any appropriation con- MITCH MCCONNELL, tained in this Act shall remain available for ob- CONRAD BURNS, port accompanying S. 1689 (S. Rept. 108–160) ligation beyond the current fiscal year unless RICHARD C. SHELBY, should be complied with unless specifically expressly so provided herein. JUDD GREGG, addressed in this statement of the managers. SEC. 4002. The amounts provided in this Act ROBERT F. BENNETT, The statement of the managers, while re- are designated by the Congress as an emergency BEN NIGHTHORSE peating some report language for emphasis, requirement pursuant to section 502 of H. Con. CAMPBELL, is not intended to negate the language re- Res. 95 (108th Congress). LARRY CRAIG, ferred to above unless expressly provided SEC. 4003. For purposes of computing the KAY BAILEY HUTCHISON, herein. amount of a payment for an eligible local edu- MIKE DEWINE, TITLE I—NATIONAL SECURITY cational agency under section 8003(a) of the Ele- SAM BROWNBACK, CHAPTER 1 mentary and Secondary Education Act (20 DANIEL K. INOUYE, DEPARTMENT OF DEFENSE—MILITARY U.S.C. 7703(a)) for school year 2003–2004, chil- ERNEST P. HOLLINGS dren enrolled in a school of such agency who (except title II), Chapter 1 of the conference agreement rec- would otherwise be eligible to be claimed for PATRICK J. LEAHY ommends $64,702,554,000 for the Department payment under section 8003(a)(1)(B) of such (except title II), of Defense, instead of $64,702,854,000 as pro- Act, but due to the deployment of both parents TOM HARKIN posed by the House and $65,147,554,000 as pro- or legal guardians, or a parent or legal guard- (except title II), posed by the Senate. ian having sole custody of such children, or due BARBARA A. MIKULSKI The following table provides details of the to the death of a military parent or legal guard- (except title II), supplemental appropriations in this chapter. [In thousands of dollars]

Request House Senate Conference

Military Personnel: Military Personnel, Army ...... 12,858,870 12,188,870 12,858,870 12,858,870 Military Personnel, Navy ...... 816,100 816,100 816,100 816,100 Military Personnel, Marine Corps ...... 753,190 753,190 753,190 753,190 Military Personnel, Air Force ...... 3,384,700 3,384,700 3,384,700 3,384,700 Total Military Personnel ...... 17,812,860 17,142,860 17,812,860 17,812,860

Operation and Maintenance: O&M, Army ...... 24,190,464 24,257,664 24,946,464 23,997,064 O&M, Navy ...... 2,106,258 1,934,058 1,976,258 1,956,258 O&M, Marine Corps ...... 1,198,981 1,198,981 1,198,981 1,198,981 O&M, Air Force ...... 5,948,368 5,598,368 5,516,368 5,416,368 O&M, Defense-Wide ...... 4,618,452 4,485,452 4,218,452 4,355,452 O&M, Marine Corps Reserve ...... 16,000 16,000 16,000 16,000 O&M, Air Force Reserve ...... 53,000 53,000 53,000 53,000 O&M, Air National Guard ...... 214,000 214,000 214,000 214,000 Overseas Humanitarian, Disaster and Civic Aid ...... 35,500 35,500 35,500 35,500 Iraq Freedom Fund ...... 1,988,600 2,086,600 1,988,600 1,988,600 Total Operation and Maintenance ...... 40,369,623 39,879,623 40,163,623 39,231,223

Procurement: Missile Procurement, Army ...... 6,200 ...... 6,200 ...... Procurement of WTCV, Army ...... 46,000 101,600 104,000 101,600 Other Procurement, Army ...... 930,687 1,250,287 1,078,687 1,143,687 Aircraft Procurement, Navy ...... 128,600 158,600 128,600 158,600 Other Procurement, Navy ...... 76,357 76,357 76,357 76,357 Procurement, Marine Corps ...... 123,397 123,397 123,397 123,397 Aircraft Procurement, Air Force ...... 40,972 53,972 40,972 53,972 Missile Procurement, Air Force ...... 20,450 20,450 20,450 20,450 Other Procurement, Air Force ...... 3,441,006 3,418,006 3,441,006 3,438,006 Procurement, Defense-Wide ...... 435,635 418,635 435,635 418,635 Total Procurement ...... 5,249,304 5,621,304 5,455,304 5,534,704

Research, Development, Test and Evaluation: RDT&E, Navy ...... 34,000 34,000 34,000 34,000 RDT&E, Air Force ...... 39,070 39,070 39,070 39,070 RDT&E, Defense-Wide ...... 265,817 195,817 265,817 260,817 Total RDT&E ...... 338,887 268,887 338,887 333,887

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Request House Senate Conference

Revolving and Management Funds: Defense Working Capital Funds ...... 600,000 600,000 600,000 600,000 National Defense Sealift Fund ...... 24,000 24,000 24,000 24,000 Total Revolving & Management Funds ...... 624,000 624,000 624,000 624,000

Other Department of Defense Programs: Defense Health Program ...... 658,380 658,380 658,380 658,380 Drug Interdiction & Counter-Drug Activities, Defense ...... 73,000 73,000 73,000 73,000 Total Other ...... 731,380 731,380 731,380 731,380

Related Agencies:. Intelligence Community Management Account ...... 21,500 21,500 21,500 21,500 General Provisions: Storm Damage (Sec. 1109) ...... 413,300 ...... 313,000 Munitions Security and Destruction (Sec. 1121) ...... 100,000

Grand Total Chapter 1 ...... 65,147,554 64,702,854 65,147,554 64,702,554

FISCAL YEAR 2004 APPROPRIATIONS REPORTING Change from request the travel costs of troops on rest and recu- REQUIREMENTS SAPI Plates, Rapid peration leave. Specifically, these funds The conferees agree with the House report Fielding Initiative, shall be used to cover any additional costs on this subject, except that the comprehen- UXO/EOD Cleanup ...... 300,000 incurred by troops returning from the Iraq sive financial analysis and update for fiscal Depot Maintenance Sec- or Afghanistan theaters to reach their home year 2004 should be submitted to the congres- ond Destination Trans- of record (in the United States, or its terri- sional defense committees once, and no later portation ...... 127,600 tories and commonwealths) from established than April 30, 2004. Theater Communications 72,000 disembarkation points in the United States. AAFES Support for De- Department officials my use these funds to CLASSIFIED PROGRAMS ployed Forces ...... 10,000 cover troop travel costs from established dis- Recommended adjustments to classified CPA Admin and ops costs embarkation points to places other than programs are addressed in a classified annex (transferred to Title II) ¥858,000 their home of record in a manner consistent accompanying this conference report. Operation and Mainte- with current Department of Defense travel MILITARY PERSONNEL nance, Navy: Excess In- regulations and guidelines. Further, the con- The conference agreement recommends creased OPTEMPO, Oper- ferees agree that, to the maximum extent $17,812,860,000 for the military personnel ac- ations Support Costs ...... ¥150,000 practicable, the commercial airline industry counts, the amount proposed by the Presi- Operation and Mainte- should charge Armed Forces members and dent’s request and the Senate, instead of nance, Air Force: their families the lowest available fares for $17,142,860,000 as proposed by the House. The Unjustified Incremental air travel in connection with rest and recu- conferees’ recommendation will fund incre- Contingency, Oper- peration leave. ations Support Costs ... ¥350,000 mental costs of pays and allowances for ac- FAMILY ADVOCACY PROGRAM tive duty and Reserve personnel deployed in Excess Inter/Intra-The- support of Operation Iraqi Freedom, Oper- ater Airlift ...... ¥132,000 The conferees recommend that of the funds ation Enduring Freedom, and Operation Excess DPEM ...... ¥50,000 provided in Operation and Maintenance, De- Noble Eagle through the end of fiscal year Operation and Mainte- fense-Wide, $32,000,000 be used only for the 2004. nance, Defense-Wide: Family Advocacy Program to address war- The conferees do not agree to transfer Counter-Terrorism Train time community needs such as family coun- $670,000,000 from Military Personnel, Army and Equip ...... ¥50,000 seling, domestic violence training and pre- to Operation and Maintenance, Army, as pro- Reduction to Classified vention programs, and readjustment coun- posed by the House, to support contracting Programs ...... ¥28,000 seling for military personnel. for civilian security guards to replace Re- Excess Support to Key NATIONAL GUARD FAMILY READINESS serve component soldiers who are currently Cooperating Nations .... ¥200,000 PROGRAM performing security duty for Army installa- DLA–DPAO ...... 15,000 The conferees recommend that of the funds tions. AAFES SUPPORT FOR DEPLOYED FORCES provided in the Iraq Freedom Fund, OPERATION AND MAINTENANCE The conferees recommend an additional $10,000,000 shall be used only for the Family The conference agreement recommends $10,000,000 in Operation and Maintenance, Readiness Program of the National Guard, $39,231,223,000 for the Operation and mainte- Army only for Army and Air Force Exchange which provides information, referral and out- nance accounts, instead of $39,879,623,000 as System support to forces deployed for Oper- reach assistance to military families during proposed by the House, and $40,163,623,000 as ations Iraqi Freedom, and Operation Endur- the deployment process. proposed by the Senate. Adjustments to the ing Freedom. The total amount provided in PROCUREMENT the conference agreement for Army and Air Operation and maintenance accounts are The conference agreement recommends Force Exchange System support to deployed shown below: $5,534,704,000 for the Procurement accounts, forces is $40,000,000. [In thousands of dollars] instead of $5,621,304,000 as proposed by the Change from request REST AND RECUPERATION TRAVEL House and $5,455,304,000 as proposed by the Operation and Mainte- The conferees recommend that of the funds Senate. nance, Army: provided in Operation and Maintenance, Recommendations for the Procurement ac- Unit Level Maintenance 155,000 Army, $55,000,000 be used only for covering counts are shown below: [In thousands of dollars]

House Senate Conference

Missile Procurement, Army ...... 0 6,200 0 Multiple Launch Rocket System ...... 0 0 Weapons, Tracked Combat Vehicles, Army ...... 101,600 104,000 101,600 Paladin ...... 0 0 Rapid Equip Force ...... 6,000 6,000 Rapid Fielding Initiative ...... 26,200 26,200 Enhanced Separate Brigades ...... 11,400 11,400 APS–5 Replenishment ...... 58,000 58,000 58,000 Other Procurement, Army ...... 1,250,287 1,078,687 1,143,687 Logistics Support Equipment ...... 30,500 30,500 C2 Equipment ...... 42,200 42,200 Radio Frequency Identification Tags ...... 3,400 3,400 Technical Collection (Guardrail) ...... 8,000 8,000 Enhanced Separate Brigades ...... 122,500 122,500 Up-armored HMMWVs ...... 177,200 177,200 Rapid Equip Force ...... 47,100 47,100 Rapid Fielding Initiative ...... 76,600 76,600 Base Camp Housing Units ...... 344,687 344,687 Mobile Search Devices ...... 12,600 12,600 Basic Language Translation Service ...... 2,000 2,000 Packbots ...... 5,000 5,000

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House Senate Conference

Joint Tactical Terminals ...... 41,100 41,100 Joint Communications Support Element ...... 7,500 7,500 Classified ...... 10,300 10,300 APS–5 Replenishment ...... 190,600 84,000 84,000 Theater Stabilized Communications ...... 83,000 64,000 83,000 Portable Radio Jammers ...... 46,000 46,000 Aircraft Procurement, Navy ...... 158,600 128,600 158,600 E–2C Outer Wing Panels ...... 1,500 1,500 Aircraft Spares ...... 59,100 59,100 EA–6B Outer Wing Panels ...... 70,000 70,000 EA–6B Wing Center Section ...... 15,000 15,000 F–18 Equipment ...... 13,000 13,000 Other Procurement, Navy ...... 76,357 76,357 76,357 C2 Equipment ...... 5,800 5,800 OPN Spares ...... 27,200 27,200 Explosive Ordnance Disposal Equipment ...... 24,957 24,957 Medical Support Equipment—Fleet Hospitals ...... 13,200 13,200 Global Broadcast Service (Shipboard) ...... 4,500 4,500 Classified Program ...... 700 700 Procurement, Marine Corps ...... 123,397 123,397 123,397 M88A2 Recovery Vehicle ...... 8,300 8,300 MK48 Light Armored Vehicle (LVS) Mod ...... 13,100 13,100 Light Armored Vehicle ...... 23,200 23,200 AAV Reliability, Availability, Maintainability Upgrade ...... 78,797 78,797 Aircraft Procurement, Air Force ...... 53,972 40,972 53,972 War Consumables Recap ...... 35,702 35,702 Technical Collection (RC–135 and U2) ...... 13,000 13,000 Aircraft Common Support Equipment ...... 5,270 5,270 Missile Procurement, Air Force ...... 20,450 20,450 20,450 Predator (Hellfire Missiles) ...... 4,850 4,850 Classified Programs ...... 15,600 15,600 Other Procurement, Air Force ...... 3,418,006 3,441,006 3,438,006 Theater Deployable Communications ...... 38,500 38,500 Other Logistics Equipment ...... 68,700 68,700 Medical/Dental Equipment Losses ...... 13,665 13,665 CPA Counter Intelligence Support ...... 3,810 3,810 Replace Theater Communications ...... 85,000 85,000 Aircraft Refueling Vehicles ...... 25,000 25,000 Support Equipment ...... 20,306 20,306 All-purpose Remote Transport System ...... 1,500 1,500 Technical Collection (RC–135 and U2) ...... 0 0 Red Horse Reconstitution ...... 25,900 25,900 Diego Garcia Vehicles ...... 14,625 14,625 Classified Programs ...... 3,121,000 3,121,000 Classified Adjustment ...... 20,000 Procurement, Defense-Wide ...... 418,635 435,635 418,635 MC–130P Quick Engine Change Kits (SOCOM) ...... 13,800 13,800 MH–53 Gearbox (SOCOM) ...... 7,700 7,700 Critical C4I Equipment (SOCOM) ...... 36,600 36,600 SOF Soldier Systems (SOCOM) ...... 23,800 23,800 SOF Ammunition (SOCOM) ...... 23,900 23,900 SOF Intelligence Systems (SOCOM) ...... 13,100 13,100 Psychological Operations (PSYOP) Equipment (SOCOM) ...... 14,800 14,800 Target Tracking and Locating Devices (SOCOM) ...... 2,700 2,700 Inflatable Antennas ...... 6,500 6,500 CENTRIX ...... 17,700 17,700 Information Assurance ...... 16,200 16,200 Worldwide Base Stations ...... 6,000 6,000 NSC Data Replication (DISA) ...... 3,900 3,900 Iraq Communications Backbone (DISA) ...... 6,100 6,100 CENTCOM Global C2 System (GCCS) Joint Hardware (DISA) ...... 1,500 1,500 Improved Imagery Capability (NIMA) ...... 21,600 21,600 Decontamination Equipment ...... 8,000 8,000 Collective Protection ...... 17,535 17,535 Classified Programs ...... 177,200 194,200 177,200 Total, Procurement ...... 5,621,304 5,455,304 5,534,704

UP-ARMORED HMMWVS and units in the active and reserve forces Iraq and Afghanistan theaters of operation The conferees recommend a total of continue to experience shortages in equip- for all major active and reserve component $239,300,000 for Up-armored HMMWVs and as- ment that would enhance both survivability units. These updates also should present the sociated equipment to support requirements and mission effectiveness. The conferees be- solutions and timetables for procuring and in Iraq. This amount includes $177,200,000 in lieve that it must be the Secretary of De- distributing equipment and parts to address ‘‘Other Procurement, Army’’, as proposed in fense’s highest priority to eliminate such any identified shortages. the budget request, and $62,100,000 from shortages. Accordingly, the conferees en- RESEARCH, DEVELOPMENT, TEST AND amounts made available in the Iraqi Free- courage the Secretary of Defense to apply EVALUATION dom Fund. The conferees agree that this additional funds provided in this Act for the The conference agreement recommends funding will provide for a total of 1,065 Up- most pressing needs. The conferees also di- $333,887,000 for the Research, Development, armored HMMWVs which is an increase of rect the Secretary of Defense to submit Test and Evaluation accounts, instead of 318 above the budget request. quarterly update reports to the congres- $268,887,000 as proposed by the House and EQUIPMENT SHORTAGES sional defense committees, starting Decem- $338,887,000 as proposed by the Senate. The conferees note that, despite recent ef- ber 31, 2003 through December 31, 2004, that Recommendations for the Research, Devel- forts by the Department of Defense to ad- identify significant soldier equipment, weap- opment, Test and Evaluation accounts are dress equipment shortages, many individuals on system, or spare parts shortages in the shown below: [In thousands of dollars]

House Senate Conference

Research, Development, Test and Evaluation, Navy ...... 34,000 34,000 34,000 Classified Programs ...... 34,000 34,000 Research, Development, Test and Evaluation, Air Force ...... 39,070 39,070 39,070 Classified Programs ...... 39,070 39,070 Research, Development, Test and Evaluation, Defense-Wide ...... 195,817 265,817 260,817 Classified Programs ...... 195,817 260,817 Total, Research, Development, Test and Evaluation ...... 268,887 338,887 333,887

GENERAL PROVISIONS—THIS CHAPTER provides the Secretary of Defense with $3 bil- for funds in this chapter. The Senate in- The conferees agree to retain and amend lion in additional transfer authority, only cluded similar language. section 1101, as proposed by the House, which

VerDate jul 14 2003 03:05 Oct 31, 2003 Jkt 029060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\A30OC7.031 H30PT1 H10150 CONGRESSIONAL RECORD — HOUSE October 30, 2003 The conferees agree to retain section 1102, $180,000,000 from funds available in this Act in writing of the expected period during as proposed by the House, which provides for operation and maintenance for the Com- which they will be mobilized. that funds appropriated in this Act are mander’s Emergency Response Program for The conferees agree to retain and amend deemed specifically authorized for the pur- military commanders to respond to urgent section 1119, as proposed by the Senate, poses of section 504 of the National Security humanitarian needs in Iraq and Afghanistan. which provides that authority in section Act of 1947. The Senate included similar lan- The conferees agree to retain section 1111, 1314(1) of Public Law 108–11, making funds guage. as proposed by the House, which requires the available to build an Infantry Brigade Rifle The conferees agree to retain section 1103, Secretary of Defense to provide a description Range for the South Carolina National as proposed by the House, which extends the of an Analysis of Alternatives for replacing Guard, shall apply to the use of available authorization during fiscal year 2004 of trav- Air Force KC–135 aircraft. funds appropriated for fiscal year 2004. el and transportation allowances for family The conferees agree to retain section 1112, The conferees agree to include a new provi- members of service members who are ill or as proposed by the House, which exempts sion, section 1120, which directs the Sec- injured on active duty in support of Oper- members of the armed forces from the re- retary of Defense to submit biannual reports ation Iraqi Freedom, Operation Enduring quirement to pay subsistence charges while on Iraq and Afghanistan to the Congress. Freedom or Operation Noble Eagle; and au- hospitalized, makes the exemption perma- The conferees agree to include a new provi- thorizes the Department to provide civilian nent, and makes the exemption retroactive sion, section 1121, which provides an addi- clothing for wear by the service member dur- to September 11, 2001. The Senate included tional $100,000,000 for securing and destroy- ing their hospital stay. The Senate included similar language. ing conventional munitions in Iraq. similar language. The conferees agree to retain and amend CHAPTER 2 The conferees agree to retain section 1104, section 1113, as proposed by the Senate, DEPARTMENT OF HOMELAND SECURITY as proposed by the House, which extends the which prohibits use of funds in this Act to authorization for the Department to make alter command responsibility or permanent UNITED STATES COAST GUARD the higher rates of Imminent Danger Pay assignment of forces until 270 days after no- OPERATING EXPENSES and Family Separation Allowance to all eli- tification to the congressional defense com- The conferees agree to provide an addi- gible service members during fiscal year mittees. tional $23,183,000 for ‘‘Operating Expenses’’ 2004. The Senate included similar language. The conferees agree to retain and amend to repair damages the Coast Guard incurred The conferees agree to retain section 1105, section 1114, as proposed by the Senate, during Hurricane Isabel. as proposed by the House, which provides which authorizes administering Secretaries EMERGENCY PREPAREDNESS AND RESPONSE that adjustments to obligations that would to provide medical or dental screening or DISASTER RELIEF have been properly chargeable to the Defense care at no cost for all members of the Ready Emergency Response Fund shall be charged Reserve who are ordered to active duty. The conferees agree to provide an addi- to any current appropriations account of the The conferees agree to retain and amend tional $500,000,000 for disaster relief activi- Department of Defense for the same purpose. section 1115, as proposed by the Senate, ties associated with recently declared disas- The Senate included similar language. which provides the TRICARE benefit to inac- ters, such as Hurricane Isabel and the Cali- The conferees agree to retain and amend tive Reservists and their family members, if fornia wildfires. section 1106, as proposed by the House and they are eligible for unemployment com- OTHER ACTIVITIES Senate, which allows the Department to use pensation or not eligible for health care ben- Within current authorities, the conferees funds for supplies, services, transportation, efits under an employer-sponsored health direct the Emergency Preparedness and Re- and other logistical support of troops to sup- benefits plan. sponse Directorate to work expeditiously port military and stability operations in Iraq The conferees agree to retain and amend with the Borough of Versailles, Pennsyl- and directs the Secretary of Defense to pro- section 1116, as proposed by the Senate, vania, and the National Energy Technology vide quarterly reports to the congressional which amends section 1074 of title 10, U.S.C. Laboratory to remediate the problem where defense committees. to expand the time period a Reservist would high gas readings due to the over 600 aban- The conferees agree to retain and amend be considered to be on active duty for the doned gas wells force the evacuation of resi- section 1107, as proposed by the House, which purpose of TRICARE eligibility. dents and businesses in Versailles. provides $150,000,000 from funds available in The conferees agree to retain and amend ‘‘Operation and Maintenance, Defense-Wide’’ section 1117, as proposed by the Senate, SCIENCE AND TECHNOLOGY to provide training and equipment only to which amends the Transitional Assistance The conferees are aware that the Depart- the New Iraqi Army and the Afghan National Medical Program (TAMP) benefit program ment of Homeland Security has begun re- Army to combat terrorism and support U.S. from 60 days to 180 days beginning on the search and development on Man-Portable Air military operations. The Senate included date on which the member is separated from Defense Systems (MANPADS) counter- similar language. active duty. measures for commercial airliners pursuant The conferees agree to retain section 1108, These four new provisions (sections 1114, to the ‘‘Program Plan for the Development as proposed by the House, which prohibits 1115, 1116, and 1117) enhance TRICARE access of an Antimissile Device for Commercial Air- funds provided in this Act to finance pro- for members of the National Guard and Re- craft’’ prepared by the Under Secretary for grams or activities denied by Congress, or to serve Components. It is the conferees’ intent Science and Technology. Upon the comple- initiate a new start program without prior that these provisions constitute a one-year tion of research and development, the De- notification to the congressional defense demonstration program to determine wheth- partment of Homeland Security should con- committees. The Senate included similar er a permanent benefit beyond fiscal year sider aircraft enrolled in the Civil Reserve language. 2004 should be authorized. Air Fleet in deployment of countermeasures. The conferees agree to retain and amend The conferees direct the Department of De- GENERAL PROVISION, THIS CHAPTER section 1109, as proposed by the House, to fense to report to the congressional defense Sec. 1201. The conferees agree to amend the provide $313,000,000 in funding for Operation committees no later than May 30, 2004 on the Department of Homeland Security Appro- and Maintenance and Procurement accounts, implementation of this demonstration propriations Act, 2004 (Public Law 108–90) to as opposed to $413,300,000 as recommended by gram and its associated impact on recruiting make Biodefense Countermeasures funding the House, only for the military services to and retaining both active and reserve compo- subject to the authorization of the Project accomplish recovery and repair made nec- nent personnel. Bioshield Act of 2003, upon the enactment of essary by recent natural disasters including Based on information provided to the Con- that Act. Hurricane Isabel. These funds are allocated gress from the Congressional Budget Office, as follows: the conferees have been advised that the cost PROVISIONS NOT ADOPTED The conference agreement deletes section Operation and Mainte- of this demonstration program is approxi- 334 of the Senate bill changing the Federal nance, Army ...... $47,100,000 mately $200,000,000. However, the conferees share of the cost of any disaster relief pay- Operation and Mainte- recognize that these are estimates based on ment for damage caused by Hurricane Isabel. nance, Navy ...... 87,600,000 projected utilization rates. Accordingly, the Operation and Mainte- conferees assume that not more than The conference agreement deletes section nance, Marine Corps ...... 6,700,000 $400,000,000 shall be required to implement 5008 of the Senate bill on equipping aircraft Operation and Mainte- this demonstration program in fiscal year with countermeasures against the threat of nance, Air Force ...... 169,300,000 2004. shoulder-fired missiles. Other Procurement, Air The conferees further direct the Depart- CHAPTER 3 Force ...... 2,300,000 ment of Defense, no later than April 15, 2004, DEPARTMENT OF DEFENSE Of the amount provided in this section for to provide the congressional defense commit- MILITARY CONSTRUCTION ‘‘Operation and Maintenance, Air Force’’, tees the cost estimates of this demonstration $6,500,000 is for repair of facilities at the program based on actual and projected utili- ITEMS OF GENERAL INTEREST NASA Langley Research Center, including zation rates. As a result of the United States’ commit- facilities used for Department of Defense re- The conferees agree to retain and amend ment to fighting the Global War on Ter- search programs. section 1118, as proposed by the Senate, rorism, there has been an increase in oper- The conferees agree to retain section 1110, which requires the Department to notify ational requirements in the Central Com- as proposed by the House, which makes each Reservist who is ordered to active duty mand’s area of responsibility. The footprint

VerDate jul 14 2003 03:05 Oct 31, 2003 Jkt 029060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\A30OC7.032 H30PT1 October 30, 2003 CONGRESSIONAL RECORD — HOUSE H10151 of American military forces has expanded to the Central Command area of responsibility, instead of $185,100,000 as proposed by the include the construction and management of including the operational requirements and House and $119,900,000 as proposed by the military facilities in overseas locations to the planned disposition of equipment, air- Senate. Of the funds appropriated, house service members and to stage oper- craft and personnel, no later than December $119,900,000 is provided to finance projects reational resources. The conferees direct the 1, 2003. quired to support the Global War on Ter- Central Command to report to the congres- MILITARY CONSTRUCTION, ARMY sional defense and military construction sub- rorism and Operation Iraqi Freedom as fol- committees, in both classified and unclassi- The conference agreement appropriates lows: fied form, on its master plan for facilities in $162,100,000 for Military Construction, Army,

Location/facility Project description Cost

Iraq: Al Fallujuh (MEK) ...... Power Plant and Electrical Distribution ...... $8,000,000 Iraq: Baghdad—Victory Base ...... Entry Control Points ...... 4,000,000 Iraq: Baghdad FOB Falcon ...... Power Plant and Electrical Distribution ...... 7,000,000 Iraq: Balad Airfield ...... Theater-wide Postal Distribution Facility ...... 7,000,000 Iraq: Balad Airfield ...... Power Plant and Electrical Distribution ...... 16,000,000 Iraq: Balad ...... Base Camp Water Treatment Plant ...... 9,800,000 Iraq: Balad ...... Base Camp Wastewater Treatment Plant ...... 10,500,000 Iraq: Baghdad—Victory Base ...... Power Plant ...... 11,500,000 Iraq: Baghdad—Radwaniya Palace Complex ...... Sensitive Compartmented Information Facility ...... 6,000,000 Iraq: Baghdad—Radwaniya Palace Complex ...... Joint Operations Center ...... 3,500,000 Iraq: Baghdad—Radwaniya Palace Complex ...... Training Facility ...... 2,200,000 Iraq: Taji Military Complex ...... Power Plant and Electrical Distribution ...... 16,500,000 Iraq: Tikrit—Camp Speicher ...... Power Plant and Electrical Distribution ...... 15,500,000 Worldwide Various ...... Planning and Design ...... 2,400,000 Total ...... 119,900,000

An additional $42,200,000 is provided to re- related damage caused by Hurricane Isabel EMBASSY SECURITY, CONSTRUCTION, AND pair facilities damaged by Hurricane Isabel at Langley AFB, Virginia. MAINTENANCE at Fort Monroe, Virginia. As proposed by the GENERAL PROVISION—THIS CHAPTER The conference agreement includes House, the conferees agree to include bill $43,900,000 under this account as proposed by language that authorizes the use of funds for The conference agreement includes one the House, instead of no funds as proposed by planning and design and for construction. general provision, section 1301, as proposed the Senate. The conference agreement in- The conferees recommend a reduction of by the House and modified by the Senate. cludes the costs of establishing a temporary $23,000,000 from the amount proposed by the This provision gives the Secretary of Defense embassy annex compound in Afghanistan to House for unspecified minor construction authority to use up to $150,000,000 in oper- support embassy surge staffing requirements funds because the request was not explained ation and maintenance funds for construc- associated with accelerated assistance ac- in sufficient detail to justify the appropriation projects that support Operation Iraqi tivities. The conference agreement assumes tion. Freedom or the Global War on Terrorism. The purpose of the provision is to provide that the funding provided under this head- MILITARY CONSTRUCTION, NAVY troops in the field flexibility to construct ing, when combined with funding provided As proposed by the House, the conference emergency projects using operation and elsewhere in this Act for USAID require- agreement appropriates $45,530,000 for Mili- maintenance funds. The provision requires ments, will support the acquisition and con- tary Construction, Navy, to repair two Naval DOD to submit a quarterly report that destruction of a collocated temporary embassy facilities damaged by Hurricane Isabel. The scribes the project, includes supporting docu- annex compound in Afghanistan. Senate bill contained no similar provision. mentation, and provides the amount of funds EMERGENCIES IN THE DIPLOMATIC AND MILITARY CONSTRUCTION, AIR FORCE obligated for these purposes. The Senate CONSULAR SERVICE As proposed by the House and the Senate, modification requires DOD to provide Con- the conference agreement appropriates gress with notification of the project 15 days The conference agreement includes $292,550,000 for Military Construction, Air after obligation of funds. $115,500,000 under this heading, instead of $50,000,000 as proposed by the House and Force, to finance various projects around the TITLE II—IRAQ AND AFGHANISTAN RE- $90,500,000 as proposed by the Senate. The world in support of the Global War on Ter- CONSTRUCTION AND INTERNATIONAL conference agreement includes $50,000,000 for rorism and Operation Iraqi Freedom. As pro- ASSISTANCE posed by the House, the conferees agree to anticipated costs of terrorism rewards, and CHAPTER 1 include bill language that authorizes the use includes language that allows funds under of funds for planning and design and for con- DEPARTMENT OF JUSTICE this account to be transferred to, and merged struction. LEGAL ACTIVITIES with, the Diplomatic and Consular Programs account to maintain funding levels for the FAMILY HOUSING OPERATION AND GENERAL LEGAL ACTIVITIES fiscal year 2004 Border Security program. MAINTENANCE, ARMY The conference agreement includes The conference agreement also includes The conference agreement appropriates $15,000,000 for ‘‘Salaries and Expenses, Gen- $65,500,000 for costs associated with the pro- $11,420,000 for Family Housing Operation and eral Legal Activities,’’ as proposed by the tection of foreign missions and officials in Maintenance, Army, instead of $8,151,000 as House, instead of no funds as proposed by the New York City, as well as security and pro- proposed by the House. The Senate bill con- Senate. This funding will support additional tection costs associated with the 2003 Free tained no similar provision. These funds are Civil Division expenses related to the admin- Trade in the Americas Ministerial and the provided for storm related damage caused by istration of the September 11th Victims 2004 Summit of the Industrialized Nations. In Hurricane Isabel at Fort Monroe, Fort Compensation Program. addition, the conference agreement includes Eustis, Fort Story, Fort Lee, and Fort language allowing the use of prior year funds Belvoir in Virginia. The conferees agreed to DEPARTMENT OF STATE AND RELATED AGENCY under this heading for rewards for an in- increase the amount proposed by the House dictee of the Special Court in Sierra Leone. DEPARTMENT OF STATE in view of additional information received The conferees are concerned that an indictee regarding storm damage. ADMINISTRATION OF FOREIGN AFFAIRS of the Special Court for Sierra Leone, who FAMILY HOUSING OPERATION AND DIPLOMATIC AND CONSULAR PROGRAMS has been charged by the Special Court with MAINTENANCE, NAVY AND MARINE CORPS being ‘‘most responsible’’ for the atrocities The conference agreement includes committed during Sierra Leone’s civil war, As proposed by the House, the conference $156,300,000 under this account as proposed by is not yet in the custody of the Special agreement appropriates $6,280,000 for Family the House, instead of $35,800,000 as proposed Court. The conferees direct the Department Housing Operation and Maintenance, Navy by the Senate. This funding will cover costs to use all available means to bring about the and Marine Corps. The Senate bill contained related to increased diplomatic and border handover of this indictee of the Special no similar provision. These funds are pro- security and opening a mission in Iraq. The Court. vided for storm related damage caused by conference agreement includes $109,500,000 Hurricane Isabel at various sites in North for requirements related to the provision of INTERNATIONAL ORGANIZATIONS Carolina and Virginia. consular services; $11,000,000 for increased se- CONTRIBUTIONS FOR INTERNATIONAL FAMILY HOUSING OPERATION AND curity measures in Afghanistan; and PEACEKEEPING ACTIVITIES MAINTENANCE, AIR FORCE $35,800,000, available until September 30, 2006, As proposed by the House, the conference for costs associated with the re-establish- The conference agreement includes agreement appropriates $6,981,000 for Family ment of a diplomatic mission in Iraq. The $245,000,000 for assessed costs of United Na- Housing Operation and Maintenance, Air conference agreement rescinds $35,800,000 tions peacekeeping in Liberia as proposed in Force. The Senate bill contained no similar provided under Public Law 108–11, as pro- the House bill, instead of no funds as pro- provision. These funds are provided for storm posed in both the House and Senate bills. posed by the Senate.

VerDate jul 14 2003 03:05 Oct 31, 2003 Jkt 029060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\A30OC7.034 H30PT1 H10152 CONGRESSIONAL RECORD — HOUSE October 30, 2003 RELATED AGENCY where in Kabul until an interim, secure com- velopment to assess fair and reasonable rent- BROADCASTING BOARD OF GOVERNORS pound adjacent to the embassy is available. al payments for the use of space by employ- It is the managers’ intention that embassy ees of other United States Government agen- INTERNATIONAL BROADCASTING OPERATIONS facilities and vehicles funded by USAID be cies in buildings constructed using funds ap- The conference agreement includes used primarily by USAID personnel, and be propriated under this heading, and provides $40,000,000 under this heading as proposed by available for other agencies only with the that such rental payments shall be deposited the House, instead of no funds as proposed by prior written concurrence of the USAID mis- into this account as an offsetting collection. the Senate. The amount provided in the con- sion director in Kabul and, when feasible, on Such rental payments shall be available for ference agreement shall be only for the initi- a reimbursable basis. obligation only pursuant to the regular re- ation of Middle East Television Network Should United States military air trans- programming notification procedures of the broadcasting to Iraq. port remain scarce or unavailable to support Committees on Appropriations. GENERAL PROVISION—THIS CHAPTER reconstruction in Afghanistan, and to the ex- IRAQ RELIEF AND RECONSTRUCTION FUND The conference agreement includes lan- tent required by security conditions in the guage waiving provisions of existing legisla- field, a portion of this appropriation may be (INCLUDING TRANSFERS OF FUNDS) tion that require authorizations to be in used for dedicated contract air service with- The conference report recommends place prior to the expenditure of any appro- in Afghanistan and access to neighboring $18,649,000,000, to remain available until Sep- priated funds. countries. The conferees expect the Depart- tember 30, 2006, for the ‘‘Iraq Relief and Re- FOREIGN OPERATIONS, EXPORT FI- ment of State Coordinator for Afghan Assist- construction Fund’’ (the Fund), the same NANCING, RELATED AGENCIES APPRO- ance and USAID to consult with the Com- level as recommended by the House and PRIATIONS mittees prior to obligating funds for this $200,000,000 above the Senate. This figure rep- CHAPTER 2 purpose. resents a reduction of $1,655,000,000 below the The conference report provides for oper- request and an increase of $16,174,000,000 BILATERAL ECONOMIC ASSISTANCE ating expenses of USAID in Iraq elsewhere in above the level provided in the fiscal year FUNDS APPROPRIATED TO THE PRESIDENT this chapter. 2003 Emergency Wartime Supplemental Ap- OPERATING EXPENSES OF THE UNITED STATES CAPITAL INVESTMENT FUND propriations Act when this account was cre- AGENCY FOR INTERNATIONAL DEVELOPMENT The conference report recommends ated. The supplemental request proposed an The conference report recommends $16,600,000 for the Capital Investment Fund appropriation of $20,304,000,000 to remain $40,000,000 for ‘‘Operating Expenses of the of the United States Agency for Inter- available until expended. United States Agency for International De- national Development to remain available The conference report provides velopment’’, which includes $1,900,000 for the until expended, instead of $60,000,000 as pro- $1,890,000,000 for the oil infrastructure func- United States Agency for International De- posed by the Senate. The House bill did not tion instead of $2,100,000,000 as proposed by velopment (USAID), Office of Inspector Gen- address this matter. the House and $1,900,000,000 as proposed by eral. This amount for Operating Expenses is The conferees have provided full funding the Senate. the same as the House and Senate levels. The for an interim secure facility in Kabul, Af- The following table provides amounts for level for the Office of Inspector General is ghanistan, primarily for the use of United functional categories and programs within $2,100,000 less than the Senate bill; the House States Agency for International Develop- categories. The total amount for these func- did not address this matter. The managers ment, Department of State, and other fed- tional categories is reflected in the bill lan- have included language reserving these funds eral agencies that are implementing and guage as proposed by both the House and for support of relief and reconstruction in evaluating United States reconstruction and Senate. The following table provides the Afghanistan, including short-term costs as- security assistance for Afghanistan. sociated with facilities required by the The conference agreement includes lan- baseline for the financial plan required in USAID in the existing embassy compound or guage requiring the Administrator of the section 2207 of this Act. in Department of Defense facilities else- United States Agency for International De- IRAQ RELIEF AND RECONSTRUCTION FUND (Budget authority, dollars in millions) 1

Supplemental Conference Category and description request agreement

Security and law enforcement: Police training and technical assistance ...... 950 950 Traffic police ...... 50 ...... Border Enforcement ...... 150 150 Facilities Protection Services ...... 67 67 Subtotal, Law enforcement ...... 1,217 1,167

Establishment of the New Iraqi Army (NIA) ...... 2,000 2,000 (NIA Facilities) ...... (745) (745) (NIA Equipment) ...... (879) (879) (NIA Operations and Training) ...... (375) (375) Iraq Civil Defense Corps ...... 76 76 (Operations and Personnel) ...... (58.4) (58.4) (Equipment) ...... (17.2) (17.2) Subtotal, National Security ...... 2,076 2,076

Total, Security and Law Enforcement ...... 3,293 3,243

Justice, Public Safety Infrastructure and Civil Society: Witness Protection Program ...... 100 75 Other technical investigative methods ...... 10 10 Penal facilities ...... 400 100 Reconstruction and modernization of detention facilities ...... 109 109 Facilities protection, mine removal, fire service, and public safety facility and equipment repairs ...... 500 400 (Demining) ...... (61) (61) Public safety training and facilities ...... 274 199 National Security Communications Network ...... 150 90 Investigations of crimes against humanity ...... 100 75 Judicial security and facilities ...... 200 150 Democracy building activities ...... 100 United States Institute of Peace ...... 10 Total, Justice, Public Safety Infrastructure and Civil Society ...... 1,843 1,318

Electric Sector: Generation ...... 2,900 2,810 Transmission ...... 1,550 1,550 Network infrastructure ...... 1,000 1,000 Automated monitoring and control system ...... 150 150 Institutional strengthening ...... 25 ...... Security ...... 50 50 Total, Electric Sector ...... 5,675 5,560

Oil Infrastructure: Infrastructure ...... 1,200 1,200 Emergency supplies of refined petroleum products ...... 900 690 Total, Oil Infrastructure ...... 2,100 1,890

VerDate jul 14 2003 03:05 Oct 31, 2003 Jkt 029060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\A30OC7.037 H30PT1 October 30, 2003 CONGRESSIONAL RECORD — HOUSE H10153 (Budget authority, dollars in millions) 1

Supplemental Conference Category and description request agreement

Water Resources and Sanitation: Potable water ...... 2,830 2,830 Water conservation ...... 30 30 Sewerage ...... 697 675 Solid waste management/trash trucks ...... 153 ...... Other solid waste management ...... 22 Subtotal, Public Works Projects ...... 3,710 3,557

Pumping stations and generators ...... 150 150 Irrigation and drainage systems ...... 130 130 Major irrigation projects ...... 130 130 Dam repair, rehab, and new construction ...... 125 125 Umm Qasr to Basra water pipeline and treatment plant ...... 200 200 Marsh projects ...... 100 ...... Basra Channel Flushing ...... 40 40 Subtotal, Water Resources projects ...... 875 775

Total, Water Resources and Sanitation ...... 4,585 4,332

Transportation and Telecommunications Projects: Airports ...... 165 165 Umm Qasr Port rehab ...... 45 45 Railroad rehab and restoration ...... 303 300 Iraqi Telecom and Postal Corporation ...... 124 100 (Postal IT ZIP Codes) ...... (9) (–) Iraqi Communications systems ...... 109 95 (Business practices for Iraqi TV and radio) ...... (10) (–) (Numbering scheme911 initiative) ...... (4) (–) Iraqi Communications operations ...... 89 75 Undistributed reduction, transportation and telecommunications ...... ¥280 Total, Transportation and Telecommunications Projects ...... 835 500

Roads, Bridges, and Construction: Housing construction ...... 100 ...... Public buildings construction and repair ...... 130 130 Roads and bridges ...... 240 240 Total, Roads, Bridges, and Construction ...... 470 370

Health care: Nationwide hospital and clinic improvements 2 ...... 393 493 Equipment procurement and modernization ...... 300 300 Initiate 700m Basrah hospital project ...... 150 ...... Health care partnerships ...... 7 ...... Total, Health Care ...... 850 793

Private Sector Development: American-Iraqi Enterprise Fund ...... 200 ...... Expanded network of Employment Centers ...... 8 8 Training ...... 145 100 Micro-Small-Medium Enterprises ...... 45 Total, Private Sector Development ...... 353 153

Education, Refugees, Human Rights, Democracy, and Governance Migration and Refugee Assistance ...... 105 105 Local Information Centers ...... 90 ...... Property Claims Tribunal ...... 30 30 Banking system modernizations ...... 30 30 Business training courses ...... 20 ...... Human rights ...... 15 15 Education ...... 90 Civic programs ...... 10 10 Total, Education, Refugees, Human Rights, and Governance ...... 300 300

Transferfinancing ...... 210

Total, Iraq Relief and Reconstruction Fund ...... 20,304 18,649 1 Figures in parenthesis are included in amounts above. 2 Includes $50 million for pediatric facility in Basra.

The table above indicates programs that event of unforeseen or emergency cir- The conferees have reinstated bill lan- were supported in the House and Senate and cumstances. Transfers and reallocations be- guage, enacted in the fiscal year 2003 Iraq those that raised questions and concerns and tween program, project and activities in the Relief and Reconstruction Fund but not in- were reduced or eliminated, such as the pro- table above, if necessary, would be made sub- cluded in the supplemental request, which curement of trash trucks, development of ject to the standard notification procedures specifies agencies that may receive appor- business courses, zip code and 911 projects, of the Committees on Appropriations. The tionment from the Fund. Consistent with housing projects, and the construction of conferees note that within the functional previous language, the conference report two prisons for $400,000,000 at $50,000 per bed. categories none of the funds provided are again lists the Department of Defense, the The conferees have included bill language available to support any program, project or Department of Health and Human Services, providing that the Iraq Relief and Recon- activity for which funds have been denied or the Department of State, the Department of struction Fund shall be used to protect and restricted unless the Appropriations Com- Treasury and the United States Agency for promote public health and safety, including mittees are notified 15 days in advance and International Development. The managers the arrest, detention and prosecution of approve such reprogramming of funds. have added the Coalition Provisional Au- criminals and terrorists. thority (CPA) to this list, and allow the CPA The conference report includes bill lan- Under section 2207 of the general provi- to receive direct apportionment of IRRF guage, as proposed by the House that allows, sions of this chapter, the conference report funds for the first time, with the under- but limits reallocations between functional includes a requirement by the Office of Man- standing that the CPA establishes a Chief Fi- categories, so that any category can be re- agement and Budget, in consultation with nancial Officer operating in accordance with duced by not more than 10 percent or in- the CPA and the Committees on Appropria- the responsibilities and functions specified creased by more than 20 percent. Acknowl- tions, to submit a financial plan beginning edging the unique circumstances in Iraq, the on January 5, 2004 and quarterly thereafter. in the Chief Financial Officer Act . conferees have included language that the This financial plan is similar to that pro- The conferees have included bill language, President may increase one such allocation posed by the House under the heading ‘‘Iraq similar to that in the Senate bill, that re- by up to an additional 20 percent in the Relief and Reconstruction Fund’’. quires the Administrator of the CPA to seek

VerDate jul 14 2003 03:05 Oct 31, 2003 Jkt 029060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\A30OC7.038 H30PT1 H10154 CONGRESSIONAL RECORD — HOUSE October 30, 2003 to ensure that programs in Iraq comply with ment of Defense is able to continue to fur- $60,000,000 for Afghan women and girls to en- the ‘‘Policy Paper: Disability.’’ nish assistance and services and any other sure that programs, projects and activities The conference agreement includes a pro- support to the CPA. funded in this Act include the participation vision, similar to one in P.L. 108–11, which The CPA currently oversees the recon- of women and advance the social, economic, requires assistance to be made available to struction of Iraq, especially the non-military and political rights and opportunities of Iraqi civilians who have suffered losses as a programs described in the Iraq Relief and Re- women in Afghanistan. result of military operations. The managers construction Fund section of this report, The State Department Coordinator of As- support medical, rehabilitation, shelter, from building waste water treatment sys- sistance to Afghanistan and the Adminis- microcredit, and other appropriate assist- tems to renovating health care centers to trator of USAID are requested to provide the ance to these individuals and expect all rel- training law enforcement officials to pro- Committees not later than December 15, evant agencies and organizations to coordi- viding computer training for Iraqi youth. 2003, a fiscal year 2004 strategic and financial nate efforts in providing this assistance. The conference report acknowledges CPA’s plan, including projected quarterly obliga- The conferees have provided $29,000,000 for leadership and role. The managers expect to tions by sector and major project (in excess the ongoing operating costs of USAID and be kept updated on the progress of recon- of $250,000), for all reconstruction and related $6,000,000 for the State Department Bureau of struction efforts, roles and missions of sup- activities in Afghanistan undertaken with International Narcotics Control and Law En- porting agencies, and implementation of pro- funds provided by prior Acts, this Act and forcement. The managers expect the Office grams funded by this Act. the Foreign Operations, Export Financing of Management and Budget to ensure that The managers note that transparency is and Related Programs Appropriations Act, agencies supporting the CPA and the recon- crucial for ensuring efficient, accountable 2004. struction effort in Iraq are fully financed for reconstruction activities in Iraq. Therefore, The conference report recommends administrative expenses through the funds this recommendation provides for the first $181,000,000 for major and provincial roads, appropriated in the Iraq Relief and Recon- time a direct operating appropriation for the an endeavor that is critical to both economic struction Fund, in an amount equal to up to CPA, and, under the Iraq Relief and Recon- development and security in Afghanistan. 10 percent of programs administered. The struction Fund, the organization is given the The conferees commend those engaged in the conference report also includes bill language authority to receive direct apportionment of challenging project to reconstruct and pave providing that up to 1 percent of the total program/project funds. The conferees expect the major Kabul-Kandahar road by the end appropriated for the Fund may be trans- that the Office of Management and Budget of 2003, recognize the dire security threat ferred to ‘‘Operating Expenses of the Coali- will transmit to the Committees on Appro- from neo-Taliban forces along its route, and tion Provisional Authority.’’ priations by January 5, 2004, a budget jus- urge United States Armed Forces in Afghani- The conference agreement includes bill tification for this new Operating Expenses stan to increase surveillance of the construc- language, similar to that included in House account, including information required by tion areas and support for the private and and Senate bills that the CPA shall work, in OMB Circular A–11, such as standard finan- Afghan national police security forces pro- conjunction with relevant Iraqi officials, to cial information, program and financing and tecting the Kandahar road. The additional ensure that a new Iraqi constitution pre- object classification schedules, and per- funding will sustain the momentum of the serves full rights to religious freedom and sonnel summary data. Kabul-Kandahar project, by financing sec- tolerance of all faiths. The conferees also ex- The conference report does not alter the ondary and tertiary road development, pri- pect that the CPA will work with Iraqis to reporting relationship of the Administrator marily in the previously neglected southern include the guarantee of a number of other of the CPA to the President through the Sec- and central regions. fundamental rights and individual freedoms, retary of Defense. However, it does further The conference report provides an addi- particularly basic human rights that were transparency by clarifying the operational tional $95,000,000 for schools and education in violated or denied during the tyrannical re- cost of United States reconstruction efforts Afghanistan, $55,000,000 above the request, gime of Saddam Hussein. in Iraq as part of United States foreign as- and $95,000,000 for private sector development The conference agreement includes lan- sistance, and the scope of the non-military and power generation, $50,000,000 above the guage similar to that contained in the Sen- reconstruction efforts. request. The funds are expected to support ate bill providing $100,000,000 for democracy Since the CPA is less than a year old and market centers-industrial parks, land ti- building activities in Iraq. The managers en- it is possible that the organization could re- tling, natural resources assessment and dorse Senate report language on the use of quire additional operational resources dur- power generation projects. The conference these funds, and believe that elections are ing this year, the managers also have in- agreement does not include $10,000,000 for a essential to restoring Iraqi sovereignty. The cluded bill language in the Iraq Relief and venture capital fund. The conference agree- conferees expect the Committees on Appro- Reconstruction Fund that provides author- ment provides $65,000,000 to repair, rehabili- priations to be consulted on the use of de- ity, if needed, to transfer up to 1 percent for tate and procure electric generation and dis- mocracy building and governance funds in CPA’s operating expenses. tribution infrastructure in Afghanistan. In addition to the power requirements of Kabul Iraq. The conference report also includes bill ECONOMIC SUPPORT FUND language providing $10,000,000 for the United already requested, the conference report has The conference report recommends States Institute for Peace for activities to provided additional funds to rehabilitate and $872,000,000 for the ‘‘Economic Support support peace enforcement, peacekeeping increase power generation from the Kajaki Fund’’ as proposed by the House, instead of and post-conflict peacebuilding. Dam facility that is essential to successful $422,000,000, as proposed by the Senate, pri- The managers include $70,000,000 for edu- reconstruction in the politically sensitive marily for reconstruction in Afghanistan. cation $10,000,000 to support women’s pro- Kandahar and Helmand provinces. These funds would remain available for obli- grams, and endorse Senate report language The conference report recommends an ad- gation until December 31, 2004. recommending $20,000,000 for media outreach ditional $70,000,000 for support to the Govern- The recommendation reserves $672,000,000 activities in Iraq. ment of Afghanistan (GoA). Of the rec- for accelerated assistance for Afghanistan. Finally, the managers have provided for ommended $70,000,000, not less than The managers note the increasing terrorist the transfer of $210,000,000 to support other $25,000,000 will meet key GoA infrastructure activity against the Government of Afghani- high priority foreign assistance programs, needs, especially telecommunications be- stan, international Coalition forces, and pri- including $100,000,000 for Jordan, $100,000,000 tween Kabul and the provinces. The Ministry vate non-governmental organizations pro- for Liberia, and $10,000,000 for Sudan. of Finance will use not less than $10,000,000 viding relief and reconstruction assistance to improve customs collections at Afghani- OPERATING EXPENSES OF THE COALITION within Afghanistan, and concludes that the stan’s 11 official border posts and remitting PROVISIONAL AUTHORITY pace of reconstruction, as well as that of se- of customs to the ministry on a timely basis. The conference report recommends curity assistance provided elsewhere in this An indeterminate amount will be needed to $983,000,000 for ‘‘Operating Expenses of the chapter, must respond to the tenuous secu- augment other donor contributions to an Coalition Provisional Authority’’ under this rity conditions, especially in the southern international trust fund to pay government new heading as proposed by the House, in- and eastern provinces of Afghanistan. salaries until economic growth increases stead of providing for administrative costs of The conferees recognize that further ex- government revenue sufficiently to meet sal- the Coalition Provisional Authority (CPA) in pansion of the mandate of the International ary costs. Iraq within the total amount under the head- Security Assistance Force (ISAF) can help The conference report recommends ing ‘‘Operation and Maintenance, Army’’ as improve the security environment in Af- $69,000,000 for elections and improved govern- requested in the supplemental request and ghanistan, and strongly encourage the Ad- ance in Afghanistan, $12,000,000 above the re- included in the Senate bill. The conference ministration to support such expansion of quest. In governance, the conference report agreement provides an amount that is ISAF. recommends that activities be undertaken to $125,000,000 above the House bill, reflecting The conferees fully support most of the ur- promote private investment and trade capac- $75,000,000 for the expenses of a new CPA In- gent programs included in the budget jus- ity building. The managers also support Sen- spector General and office as provided in tification for Afghanistan civil reconstruc- ate report language recommending $15,000,000 Title III of this Act, and $50,000,000 for re- tion, including roads, education, health, for media outreach activities in Afghanistan. porting and monitoring requirements and power generation/private sector develop- The conferees note that women in Afghani- other supporting costs. The conferees have ment, and provincial reconstruction teams. stan continue to struggle to achieve basic included language to ensure that the Depart- The conference agreement provides rights, which they were denied under the

VerDate jul 14 2003 04:01 Oct 31, 2003 Jkt 029060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\A30OC7.039 H30PT1 October 30, 2003 CONGRESSIONAL RECORD — HOUSE H10155 Taliban. Women were severely affected by believe that Japan and other donors will DEPARTMENT OF STATE their inability during those times to partici- make additional contributions to DDR INTERNATIONAL NARCOTICS CONTROL AND LAW pate in local and national governance. The projects if the pilot effort is a success and is ENFORCEMENT conferees have agreed to provide $60,000,000 replicable in other regions. The conference report recommends for technical and vocational education, pro- The managers also recommend that $170,000,000 for ‘‘International Narcotics Con- grams for women and girls against sexual $23,000,000, not included in the request, be trol and Law Enforcement’’, as proposed by abuse and trafficking, shelters for women provided for water projects in Afghanistan. the House instead of $120,000,000 as proposed and girls, humanitarian assistance for wid- Because of the essential role of irrigation in by the Senate, for accelerated assistance for ows, support of women-led NGOs, programs agriculture, and the lack of potable water in Afghanistan. These funds would remain to disseminate information about the rights many urban areas and small towns, the man- available for obligation until December 31, of women, and to provide women’s rights agers request USAID to report not later than 2004. training to military, police and legal per- January 15, 2004 on the feasibility of expand- The conferees are gravely concerned about sonnel. Significant funding above the Ad- ing rural and urban water projects in Af- the increasing terrorist activity against the ministration’s request has been added for Af- ghanistan. Government of Afghanistan and private non- ghanistan to accelerate reconstruction ef- The managers take note of the outstanding governmental organizations providing relief forts. Funds have been made available for and reconstruction assistance within Af- these specific purposes to ensure that pro- jobs that the men and women of USAID, the Departments of Defense and State and other ghanistan. The capacity of Afghan security grams that address these critical needs are forces to protect their own government and federal agencies supporting the Embassy in adequately funded. international reconstruction efforts must be Kabul and Afghanistan’s reconstruction have Where possible, such programs should be expanded as rapidly as feasible, and the in- accomplished under the most difficult of cir- implemented by local civil society groups, creased funding responds to that urgent re- cumstances. and especially local women’s groups. The quirement. managers expect USAID to provide technical As the cooperation of the Government of The conferees note the leadership role of and other assistance to strengthen the ca- Pakistan is vital to United States and Coali- Germany, the United Kingdom and Italy in pacity of these groups and to support their tion efforts to build a stable Afghanistan, the police training, counter-narcotics and ju- activities. The conferees are concerned that the conference agreement includes language dicial reform sectors, respectively, and en- without greater attention to the specific proposed by the President to allow up to courage each of these Coalition members to challenges facing women and girls in Af- $200,000,000 from ‘‘Economic Support Fund’’ accelerate its assistance efforts in Afghani- ghanistan, the country’s prospects for broad- to be made available for the subsidy cost of stan. based economic growth and democratic de- modifying direct loans and guarantees pre- In order to respond to this rapidly evolving velopment will be sharply reduced. viously issued for Pakistan. The conference situation, the conference agreement provides The managers have included bill language report includes the $200,000,000, subject to a $160,000,000 to accelerate the training and requiring that obligation of funds made determination by the President that the equipping of the Afghan National Police and available by this Act or by prior appropria- Government of Pakistan is cooperating with Border Police and to increase counter-nar- tions Acts for senior advisors to the Chief of the United States in the global war on ter- cotics law enforcement capacity. In addition, Mission in Kabul be subject to notification. rorism. $10,000,000 is provided for the training of This provision does not apply to U.S. offi- The conference agreement also provides for prosecutors, court officers and the Afghan cials required to design and manage a mas- the transfer to the Economic Support Fund judiciary. The managers intend that all as- sive Afghanistan assistance program, the ac- from the Iraq Relief and Reconstruction sistance to Afghanistan be conducted on a tual number of which is presently insuffi- Fund of $100,000,000 for assistance for Jordan. basis of non-discrimination among its ethnic cient due to a shortage of housing and office groups and include special emphasis on the space. Ample funds are provided in this Act INTERNATIONAL DISASTER AND FAMINE rights of women and minorities. to construct an interim facility to accommo- ASSISTANCE NONPROLIFERATION, ANTI-TERRORISM, date additional assistance and security per- (INCLUDING TRANSFERS OF FUNDS) DEMINING, AND RELATED PROGRAMS sonnel in Kabul. The managers urge the De- The conference report recommends The conference report recommends partments of State and Defense and USAID $35,000,000 for ‘‘Nonproliferation, Anti-Ter- $110,000,000 for International Disaster and to immediately accelerate efforts to provide rorism, Demining and Related Programs’’ as Famine Assistance for Liberia and Sudan, inadequate office and housing space required proposed by both the Senate and the House. stead of $100,000,000 as proposed by the House for the effective management and oversight This level would support anti-terrorism or $200,000,000 under the heading ‘‘Emergency of activities funded in this Act, and keep the training programs and equipment needs in Fund for Complex Foreign Crises’’ as pro- Committees fully informed of progress to- Afghanistan, to continue the work of dis- posed by the Senate. ward deploying an adequately staffed mis- arming the staggering number of mines sion in Kabul. The managers are very concerned about throughout the country, and to provide in- The conference agreement provides the humanitarian crisis in Liberia, where ap- country support for the protection of Afghan $50,000,000, as requested, for projects directly proximately 800,000 refugees and internally President Karzai. involving requirements identified by provin- displaced persons are living in dire condi- MILITARY ASSISTANCE cial reconstruction teams (PRTs) in eight to tions. The managers have provided twelve provinces. In addition, $8,000,000 is $200,000,000 in ‘‘International Disaster and FUNDS APPROPRIATED TO THE PRESIDENT provided for dedicated air service, armored Famine Assistance’’ to address this situa- FOREIGN MILITARY FINANCING PROGRAM vehicles, and other security enhancements tion. Of this amount, $100,000,000 is made The conference report includes $287,000,000 for the civilians deployed to the PRTs and available by transfer from the ‘‘Iraq Relief for the ‘‘Foreign Military Financing Pro- other assistance managers in Afghanistan. and Reconstruction Fund’’. gram’’, instead of $222,000,000 as proposed by The conferees support an additional The managers are aware of the important the Senate and $297 million as proposed by $49,000,000 for health services in Afghanistan. developments that have occurred in Sudan in the House, for accelerated security assist- If a permissive security situation is extended an attempt to end more than 20 years of civil ance on a non-repayable basis for Afghani- throughout all of Afghanistan during 2004, war. The conference agreement provides stan. These funds would remain available for the additional health and road funds will ac- $20,000,000 in ‘‘International Disaster and obligation until September 30, 2004. The celerate achievement of the objective of Famine Assistance’’ to bolster these efforts. rapid training and deployment of an eth- bringing all Afghans within 4 hours’ travel of Of this amount, $10,000,000 is made available nically balanced, professional national army a health clinic. by transfer from the ‘‘Iraq Relief and Recon- for Afghanistan is essential to the success of The managers expect not less than struction Fund’’. Coalition efforts to promote a stable and $10,000,000 in ESF assistance to be made peaceful Afghanistan. available through appropriate humanitarian As other funds are available to respond to The managers encourage the President, the organizations for additional food, clothing, natural disasters abroad, the conference Secretary of State and the Secretary of De- heating and cooking fuel, emergency shelter agreement limits the circumstances under fense to continue to remind the Government materials, and other basic necessities for dis- which these funds may be obligated to those of Afghanistan that United States military placed Afghans in and around Kabul. where the President determines that the pro- assistance is provided to build a new Afghan- The conference agreement recommends an posed United States response to a complex istan army that is professional, multi-eth- initial $30,000,000 for disarmament, demobili- foreign crisis is in the national interest and nic, and loyal to the civilian leadership in zation and reintegration (DDR) projects, essential to efforts to reduce international the central government. Failure of the Gov- $30,000,000 below the request. The managers terrorism. ernment of Afghanistan to continue moving note that Japan has already provided full The conference agreement includes a pro- rapidly toward this common objective should funding for the initial pilot projects in vision authorizing the transfer of up to one not be rewarded with continuing military as- Northern Afghanistan that will help deter- half of one percent of certain other funds to sistance by any agency of the United States mine the feasibility of DDR projects prior to this account. All proposed obligations made Government to armed militias or army units the training and deployment of a multi-eth- available under this heading are made sub- that do not share these objectives. nic Afghan National Army that is firmly ject to the regular notification procedures of To this end, the conferees request the Sec- under civilian Afghan control. The managers the Committees on Appropriations. retary of State, in consultation with the

VerDate jul 14 2003 04:07 Oct 31, 2003 Jkt 029060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\A30OC7.041 H30PT1 H10156 CONGRESSIONAL RECORD — HOUSE October 30, 2003 Secretary of Defense, to provide it with peri- ‘‘limited competition.’’ Contracts below a agers intend that any funds spent before the odic reports on the progress of the new Af- value of $5,000,000 are exempted from these plan is submitted also will be detailed in the ghan army, meeting the criteria set forth in requirements as are small businesses as de- financial plan. The managers direct that the House Report 108–312. fined in 15 USC 631 et seq. The House ad- financial plan be updated quarterly to reflect PEACEKEEPING OPERATIONS dressed contracting issues in sections 2202, any prospective changes to estimates of fu- The conference report recommends 2203, and 3007 and the Senate addressed these ture or ongoing projects, and require that $50,000,000 for ‘‘Peacekeeping Operations’’ as issues in section 5003. the Administration notify the Committees proposed by both the Senate and the House. In sections 2204 and 2205, the managers recon Appropriations 15 days prior to obligation This level would support multilateral peace- ommend language similar to that requested of any increases at the project level to the fi- by the President to clarify, extend and keeping needs in Iraq and Afghanistan. nancial plan between quarterly submissions. broaden authorities provided in Public Law The table in this conference statement under GENERAL PROVISIONS—THIS CHAPTER 108–11. These authorities suspend relevant the heading ‘‘Iraq Relief and Reconstruction The managers recognize that debt incurred provisions of the Iraq Sanctions Act and Fund’’ provides functional categories as well under the Saddam Hussein regime presents a make inapplicable to Iraq certain provisions as program activities. The managers expect potential challenge to the country’s develop- of law that restrict assistance to countries the financial plan to correspond with these ment. However, this supplemental appropria- that support terrorism. They also authorize functional categories but also include more tions act is intended to meet emergency the export of arms to specific Iraqi security specific project level detail including, but needs, and the managers are of the opinion forces. Instead of making permanent these not limited to, specific capital projects in- that paying foreign debtors out of United authorities as requested by the President, cluding bridges, railroads, training centers, States funds is not among those needs. The the conference report extends them for an- roads, prisons, hospitals, and health clinics, conference report includes section 2201, a other year. The House and Senate bills each as well as the establishment of training pro- general provision included in the House bill provided similar language. grams, and repatriation of refugees and in- and similar to the Senate bill, that prohibits Although the President, on May 7, 2003, ex- ternally displaced persons by implementer. the use of funds appropriated in this Act, or ercised his authority under section 1503 in For capital projects, the managers direct in the 2003 Iraq Supplemental Appropriations Public Law 108–11 as originally enacted to that the OMB include a breakdown of cost Act (P.L. 108–11), to be used to pay for any make permanently inapplicable to Iraq any estimates that explains the assumptions and debt entered into by the Iraqi government provisions of law that apply to countries data on which the estimates were based. The before the defeat and overthrow of Saddam that support terrorism and to suspend rel- managers also intend that for each line of Hussein. Nothing in this provision, however, evant provisions of the Iraq Sanctions Act, project-level activity, the financial plan should be construed as discouraging the De- the amendment in section 2204 extending the specify which United States Government partments of State and Treasury from work- expiry date of section 1503 is necessary to en- agency will be expected to implement the ing with lenders in reducing and restruc- sure that laws referred to in its fourth and project. The conference report requires that turing Iraq’s debt burden. The House ad- fifth provisos, i.e., section 307 of the Foreign OMB consult with the Committees on Appro- dressed this matter in section 2201 and the Assistance Act requiring withholding of the priations prior to submitting the plan. The Senate in section 2311. United States proportionate share of con- managers view this consultation as an ongo- Both the House and Senate bills included a tributions to international organizations ing process, one that should start imme- number of provisions intended to require that have programs in Iraq and provisions of diately after enactment of this Act and con- greater adherence to full and open competi- law directing voting against or opposing pro- tinue until the first plan is submitted, and tion. Both the House and Senate bills programs, shall not apply with respect to Iraq every 3 months thereafter. The Senate had vide that when other than full and open com- through fiscal year 2005. similar language in sections 2310 and 2321. petition is pursued, if necessary, then the In section 2204, the conference report Section 2208 is the same as the general pro- agency using other than full and open com- amends section 1504 of Public Law 108–11 to vision in the House bill that deems any suc- petitive procedures must inform the Con- include language specifically authorizing the cessor United States Government entity to gress and the American public. export of small arms to private security the CPA as the CPA for purposes of authori- It is in the best interests of most involved, forces and extending the authorities of this ties and responsibilities in this Act. The Sen- including the United States business sector section for another year. With regard to the ate did not address this matter. and the Iraqi people, to use open and full export of lethal military equipment for pri- In section 2209, House bill language is in- competition for all but a very limited num- vate security purposes, the managers intend cluded so that funds are made available for ber of contracts. For situations in which en- that only small arms may be exported for Iraq and Afghanistan notwithstanding any suring such competition might be inappro- such purpose. For the purposes of this sec- other provision of law not contained in this priate—such as in cases of an emergency— tion, the managers understand small arms to Act that restricts assistance to foreign coun- the managers believe that existing federal mean all equipment listed in Category I of tries, and section 660 of the Foreign Assist- regulations allow for adequate flexibility. the International Traffic in Arms Regula- ance Act. Such authority is subject to five Therefore, the conference agreement in- tions (22 CFR 120–130), and that such exports days notification. The Senate addressed this cludes language in sections 2202 and 2203 to shall be made for the purposes of providing matter in section 2302. limit the use of non-competitive contracts in security for contractor operations during the In section 2210, the conference agreement the ‘‘Iraq Relief and Reconstruction Fund’’ reconstruction of Iraq. For all equipment ex- includes language that provides that funds in this Act and Public Law 108–11. This lan- ported under this section, the managers ex- appropriated by this chapter may be obli- guage is in lieu of a number of ‘‘competition pect that the notification contained in this gated and expended notwithstanding section in contracting’’ provisions in both the House section shall contain specific information 10 of Public Law 91–672 and section 15 of the and Senate bills. This conference agreement with respect to the end user and the purposes State Department Basic Authorities Act of preserves the prerogative to waive the re- for which such equipment has been exported. 1956, as proposed by both the Senate and the quirement for full and open competition in The conference report does not include lan- House. certain circumstances, as outlined in appli- guage requested by the President that would The conference report includes language in cable federal procurement regulations. The authorize the export of advanced conven- section 2211 that allows the Overseas Private provisions require that such a waiver be with tional equipment to Iraq, such as long-range Investment Corporation to operate in Iraq the written approval of the Administrator of precision guided munitions, fuel air explo- notwithstanding any other provision of law. the Coalition Provisional Authority and the sives, cruise missiles, laser weapons, and The managers support OPIC programs in head of an agency of the United States Gov- military satellites. Iraq, and the conference report provides lan- ernment that awards and manages the con- The conference report includes language in guage to permit the President to enter into tract, and that information on the contract section 2206 that increases the cumulative agreements with an entity other than a host and the justification of the waiver be trans- value of military equipment that the Depart- country government. However, the managers mitted to the appropriate committees of ment of Defense may provide to Afghanistan do not expect that OPIC’s authority will be Congress and be made available to the pub- from $300,000,000 to $450,000,000. This provi- exercised to waive other existing statutory lic. The certifications cannot be delegated, sion was in section 2206 of the House bill and requirements including longstanding Con- and must be transmitted to the appropriate section 301 of the Defense chapter of the Sen- gressional mandates; therefore, the con- congressional committees and made avail- ate amendment. ference report requires that the exercise of able to the public 7 days before the non-com- The conference report includes a new gen- such authority is subject to the regular noti- petitive contract is awarded. The provision eral provision, section 2207, that is similar to fication procedures of the Committees on pertains to the amendment, extension or the House language requiring the Office of Appropriations. The Senate addressed this modification of contracts entered into prior Management and Budget to submit to the matter in section 2307. to the enactment of this Act using other Committees on Appropriations a financial The managers direct the Export-Import than full and open competitive procedures, plan no later than January 5, 2004 and every Bank of the United States and the Trade and including so called ‘‘limited competition’’ 3 months thereafter. The managers have re- Development Agency to report quarterly contracts. This is intended to require notifi- stricted the obligation of all but up to 20 per- during fiscal year 2004, beginning 90 days cation of significant changes in scope or in- cent of funds under the heading ‘‘Inter- after enactment of this Act, to the Commit- creased funding above award ceilings for con- national Relief and Reconstruction Fund’’ tees on Appropriations regarding each agen- tracts that were previously awarded under until this plan is submitted, but the man- cy’s activities in Iraq.

VerDate jul 14 2003 03:05 Oct 31, 2003 Jkt 029060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\A30OC7.044 H30PT1 October 30, 2003 CONGRESSIONAL RECORD — HOUSE H10157 In section 2212, the conference report in- the Coalition Provisional Authority (CPA). House bill, fiscal year 2004 86,856,029 cludes a provision similar to the Senate This title is in lieu of provisions in the Sen- Senate bill, fiscal year 2004 86,449,004 amendment that allows transfers among ate version of the bill to establish an Inspec- Conference agreement, fis- international assistance programs in this tor General of the CPA. The House bill did cal year 2004 ...... 87,442,198 chapter in an amount not to exceed not contain a comparable provision. Conference agreement $100,000,000. The House did not address this The Inspector General will perform over- compared with: matter. sight and promote transparency on tracking Budget estimates of new Section 2213 of the conference report re- of funds; provide continuing review and accu- (obligational) author- flects the Senate language on extending the mulation of data concerning both recon- ity, fiscal year 2004 ...... +402,394 waiver on Pakistan sanctions. The House did struction activities and contracting; monitor House bill, fiscal year not address this matter. the constant flow of information, particu- 2004 ...... +586,169 Section 2214 amends the authorization lev- larly the accounting of the use of funds and Senate bill, fiscal year els in the Afghanistan Freedom Support Act transfers of funds between agencies and 2004 ...... +993,194 to be consistent with the levels of funding other third parties; and establish controls BILL YOUNG, provided in this Act and H.R. 2800. The re- and a record-keeping system that can accu- JERRY LEWIS, porting requirements in section 2312 of the mulate and maintain records for future re- HAL ROGERS, Senate bill are addressed in section 2215 of views, investigations, and/or audits. FRANK WOLF, the conference report. The House bill did not Funding is provided for the Inspector Gen- JIM KOLBE, address this matter. eral within the Operating Expenses of the JAMES T. WALSH, Section 2215 is a new section that consoli- Coalition Provisional Authority account in JOE KNOLLENBERG, dates many of the reporting requirements of Title II of this Act. JOHN P. MURTHA, the House and Senate bills under one provi- TITLE IV—GENERAL PROVISIONS—THIS NITA M. LOWEY, sion entitled ‘‘Reports on Iraq and Afghani- ACT CHET EDWARDS, stan’’. This includes issues relating to debts The conference agreement includes a pro- Managers on the Part of the House. owed by the government of Saddam Hussein vision, as proposed by the House, which lim- TED STEVENS, in Iraq, efforts of the United States to in- its the availability of funds provided in this THAD COCHRAN, crease resources contributed by foreign Act. countries and international organizations to The conference agreement includes a pro- ARLEN SPECTER, the reconstruction of Iraq, the manner in vision, as proposed by the Senate, desig- PETE DOMENICI, which the needs of people with disabilities nating the amounts provided in the Act as CHRISTOPHER BOND, are being met in the development and imple- emergency requirements. The House did not MITCH MCCONNELL, mentation of reconstruction activities in include a similar provision, but did include CONRAD BURNS, Iraq and Afghanistan, progress made in in- individual emergency designations with each RICHARD C. SHELBY, dicting leaders of the former Iraqi regime for appropriation account. JUDD GREGG, war crimes, and efforts by the Coalition Pro- The conference agreement contains modi- ROBERT F. BENNETT, visional Authority and relevant Iraqi offi- fied language proposed by the House which BEN NIGHTHORSE cials to preserve religious freedoms. In addi- ensures that schools serving the children of CAMPBELL, tion, this provision includes a monthly re- military personnel continue to receive Im- LARRY CRAIG, porting requirement on Iraqi oil production pact Aid funds when their parents are de- KAY BAILEY HUTCHISON, and oil revenues, and the use of such reve- ployed or killed while on active duty and the MIKE DEWINE, nues, and progress made in accomplishing child continues to attend the same local edu- SAM BROWNBACK, United States assistance and development cational agency. The Senate bill did not in- DANIEL K. INOUYE, goals in Afghanistan. This section reflects clude this provision. ERNEST F. HOLLINGS the requirements of House section 2207 and The conference agreement does not include (except title II), Senate sections 2309 and 2314. additional funds for the Department of Vet- PATRICK J. LEAHY In section 2216, the conference report pro- erans Affairs. The Senate proposal included (except title II), hibits funds appropriated or otherwise made $1,300,000,000 for medical care. The House TOM HARKIN available by chapter 2 of title II of this Act proposal did not include supplemental funds. (except title II), from being obligated for any activity in con- The conference agreement does not include BARBARA A. MIKULSKI travention of the Optional Protocol to the a provision proposed by the Senate (Sec. (except title II), Convention on the Rights of the Child on the 5001) requiring the President to submit to HARRY REID Involvement of Children in Armed Conflicts. each Member of Congress a report on the (except title II), This is similar to Senate section 2318, and projected total costs of United States oper- PATTY MURRAY the House did not address this matter. ations in Iraq, including military operations (except title II), Section 2217 is a new general provision and reconstruction efforts, through fiscal BYRON L. DORGAN that relates to women’s participation in re- year 2008. The House did not include a simi- (except title II), construction in Afghanistan and Iraq. lar provision. DIANNE FEINSTEIN The conference agreement does not include The conference agreement does not include (except title II), a provision proposed by the Senate (Sec. language from the Senate bill expressing the TIM JOHNSON sense of Congress on certain matters. The 5006) to permit personal injury claims by (except title II), United States citizens and their spouses and managers endorse the intent of this lan- MARY L. LANDRIEU guage, specifically that: each country that is children against a foreign state relating to (except title II), owed a debt by Iraq that was incurred during such citizens being held hostage between 1979 Managers on the Part of the Senate. the regime of Saddam Hussein should forgive and 1981. House did not include a similar pro- such debt; arbitrary deadlines should not be vision. f set for the dissolution of the Coalition Provi- The conference report does not include GENERAL LEAVE sional Authority, and that transfer of au- House section 3004, prohibiting funds from thority should occur only after the ratifica- being provided to any unit of security forces Mr. YOUNG of Florida. Mr. Speaker, tion of an Iraqi constitution and the estab- of a foreign country if these forces credibly I ask unanimous consent that all Mem- lishment of an elected government in Iraq have been alleged to have been involved in bers may have 5 legislative days within takes place; the United States should make abuses of human rights. As this is also a gen- which to revise and extend their re- every effort to increase the level of financial eral provision in the annual foreign oper- marks on H.J. Res. 75, and that I may commitment from other nations to recon- ations appropriations Acts, the managers ex- include tabular and extraneous mate- struction in Iraq, and that the United States pect these criteria to apply to all funds pro- rial. contributions to these efforts should be done vided in fiscal year 2004. The managers do not include House sec- The SPEAKER pro tempore. Is there in a manner that promotes economic growth objection to the request of the gen- in Iraq and limits the long-term cost to tions 3002, 3004, 3005, 3006, and 3007 and Sen- ate sections 5003, 5004, 5005, and 5007. tleman from Florida? American taxpayers; and, the removal of the There was no objection. Government of Iraq under Saddam Hussein CONFERENCE TOTAL—WITH COMPARISONS enhanced the security of Israel and other The total new budget (obligational) au- f United States allies. thority for the fiscal year 2004 recommended FURTHER CONTINUING APPRO- The managers do not include House sec- by the Committee of Conference, with com- PRIATIONS, FISCAL YEAR 2004 tions 2212 and 2213 and Senate sections 2308, parisons to the 2004 budget estimates, and 2310, 2313, 2314, 2315, 2316, 2317, 2319, and 2320. the House and Senate bills for 2004 follow: Mr. YOUNG of Florida. Mr. Speaker, TITLE III—INSPECTOR GENERAL OF THE [In thousands of dollars] pursuant to House Resolution 417, I COALITION PROVISIONAL AUTHORITY Budget estimates of new call up the joint resolution (H.J. Res. The conference agreement includes a new (obligational) authority, 75) making further continuing appro- title that establishes an Inspector General of fiscal year 2004 ...... $87,039,804 priations for the fiscal year 2004, and

VerDate jul 14 2003 04:01 Oct 31, 2003 Jkt 029060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\A30OC7.046 H30PT1 H10158 CONGRESSIONAL RECORD — HOUSE October 30, 2003 for other purposes, and ask for its im- Again, Mr. Speaker, I believe this CR matter, any delays we are experiencing mediate consideration. is noncontroversial, and I urge the come because the Republican majority The Clerk read the title of the joint House to move this legislation to the is having an argument with itself, be- resolution. Senate so that the government can tween its House Members and its Sen- The text of H.J. Res. 75 is as follows: continue to function smoothly and effi- ate Members. H.J. RES. 75 ciently and so that we can continue to I think one of the reasons that this is Resolved by the Senate and House of Rep- finish our work on the appropriations dragging everything behind again is be- resentatives of the United States of America in bills. cause, as we all know, there has been a Congress assembled, That Public Law 108–84 is Mr. Speaker, I reserve the balance of conscious decision, certainly on the amended by striking the date specified in my time. part of the leadership of this House, section 107(c) and inserting ‘‘November 7, there has been a conscious decision on b 1115 2003’’. the part of the Republican leadership SEC. 2. Public Law 108–84 is further amend- Mr. OBEY. Mr. Speaker, I yield my- to run this House on the narrowest of ed as follows: self such time as I may consume. (1) In section 103, by inserting ‘‘(a)’’ after partisan majorities, rather than put- the section designation and by adding at the Mr. Speaker, as everyone knows, we ting together bipartisan compromises end the following new subsection: are supposed to have our appropriation on each of the 13 appropriation bills. ‘‘(b) For purposes of section 101, the term bills done by the beginning of the fiscal The most spectacular example of that ‘rate for operations not exceeding the cur- year on October 1. Right now, even if is the Labor Health appropriation bill. rent rate’ has the meaning given such term we pass the Interior bill today, the bill The choice has been made to try to (including supplemental appropriations and to which the distinguished gentleman rescissions) in the attachments to Office of govern with only Republican votes. from Florida has just referred, we will Now, if you have 300 people who are Management and Budget Bulletin No. 03–05 still have 9 of 13 appropriation bills entitled ‘Apportionment of the Continuing in support of a bill, it makes it a whole Resolution(s) for Fiscal Year 2004’.’’. that are pending, and only God knows lot easier to get your work done be- (2) In section 125, by inserting before the when we are going to finish them. cause you have a much wider margin of period at the end the following: This continuing resolution keeps the error. But if you are only trying to run ‘‘: Provided, That such amounts as may be government open until November 7. It the House with a narrow margin of 220 necessary for administrative expenses of the is a very short CR, highly unrealistic or 230 votes, then every time you lose Grants-in-aid for Airports program shall be in my view, if people have any expecta- five or six votes, it is a big problem be- available to the Secretary of Transportation tion that this is going to be the last CR cause that slows the train down. out of the Airport and Airway Trust Fund at that we need. That means that the So I think there is a lesson in here a rate for operations not exceeding the cur- good news is we are going to get to do rent rate and for which authority was made somewhere if the Republican Party available under the Department of Transpor- this all over again next week and the leadership wants to hear it, and the tation and Related Agencies Appropriations following week and probably the fol- lesson is, that if you reach out and try Act, 2003’’. lowing week. I distinctly hope that we to reach bipartisan conclusions, the (3) By striking sections 126 through 130 and can be finished here by Thanksgiving. I House runs more smoothly and you by redesignating sections 131 through 135 as desperately hope that we can, but my have a much better chance of not hav- sections 126 through 130, respectively. experience and my instincts are begin- ing every little disagreement within (4) In section 127, as so redesignated, by ning to tell me that that is not at all your own party lead to delay, delay striking ‘‘through 130, and section 134,’’ and likely. and more delay. That is just a prag- inserting ‘‘and 129’’. I notice that the reports this morn- SEC. 3. Section 8144(b) of the Department of matic observation, and I would urge Defense Appropriations Act, 2003 (Public Law ing in the National Journal’s Congress that the House leadership take it to 107–248), as amended by Public Law 108–84, is Daily, I notice the report there, and in heart. I have no expectation that they further amended by striking ‘‘October 31, one of the newspapers this morning, I will, Mr. Speaker, but I wish they 2003’’ and inserting ‘‘November 7, 2003’’. have forgotten if it was Roll Call or would. The SPEAKER pro tempore. Pursu- The Hill, which indicated that the I think the problem that we have is ant to House Resolution 417, the gen- Speaker himself is contemplating the that even within the Republican Party, tleman from Florida (Mr. YOUNG) and possibility of our adjourning until Jan- there are a substantial number of the gentleman from Wisconsin (Mr. uary 15 because of the inability of the Members, if not in this House then in OBEY) each will control 30 minutes. House and the Senate to get together the other body, who have substantial The Chair recognizes the gentleman on a variety of bills, not just appro- concerns about some of the appropria- from Florida (Mr. YOUNG). priation bills, but also bills like the en- tion bills. Example: Veterans health Mr. YOUNG of Florida. Mr. Speaker, ergy bill and the Medicare bill. care has been a huge issue since the I yield myself such time as I may con- If we wind up doing that, it will be in President presented his budget, and sume. essence a repeat of last year. And it veterans groups all over the country Mr. Speaker, I rise to explain the bill means that we will be still dealing with are objecting to the inadequate level before us. It is a continuing resolution last year’s business midwinter of next provided for veterans health care, but to extend the original CR until the 7th year, and that will put the entire sys- the VA HUD bill that left the House of November, 2003. This CR is basically tem again months behind where it did not contain sufficient funding for noncontroversial. We need this CR be- ought to be, and God help us, there is veterans health care even to satisfy cause we have not completed all the an election year coming up, Presi- Republican Senators. So we had the appropriations bills in conference, al- dential election year which is going to Senate adopt, because they could not though the House passed all of our ap- chew up a good piece of July and Au- get the VA HUD bill to the floor, we propriations bills in the summer. But gust. had the Senate Republicans offer a mo- we are making progress. So I see here confusion and chaos. tion which added $1.3 billion for vet- After we do the CR today, we will be And I would point out that when this erans health care to, of all bills, the dealing with the conference report on happened in the last Congress, the ma- Iraqi supplemental. the interior appropriations bill. Also, I jority party had a convenient target. Last night, the conference jettisoned have just filed the conference report on They tried to blame it all on good old that $1.3 billion and promised that they the Iraqi supplemental, which we ex- TOM, TOM DASCHLE, the then-majority would put it on the VA HUD bill, but pect to get a rule on and we expect to leader in the Senate. Well, to para- we have no idea whatsoever of how have on the floor some time this phrase what President Nixon said once, that will be done, whether it will be evening, and which we hope to con- the majority party does not have the done by busting the caps, whether it clude by tonight. Democratic majority to kick around will be done by providing emergency The CR does include a few technical anymore because the party, the Repub- funding, whether it will be done by an corrections to the first CR and adds a lican Party is in control of both across-the-board cut in other items in provision that codifies the term ‘‘rate Houses. And the White House. And so that bill. We just do not know. for operations’’ under the CR, pursuant any delays that we have in passing ap- And in that same bill, we have the to OMB bulletin No. 03–05. propriation bills or other bills for that problem of inadequate funding for local

VerDate jul 14 2003 03:05 Oct 31, 2003 Jkt 029060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K30OC7.017 H30PT1 October 30, 2003 CONGRESSIONAL RECORD — HOUSE H10159 law enforcement because the White I compliment the gentleman from Flor- know that the ranking Democrat on House budget tries to pretend that it is ida on the great job he has done lead- the committee is not comfortable with funding homeland security items by re- ing that committee. I compliment my this process, not comfortable with the ducing funding for the normal aid to own ranking member the gentleman allocations that have been put forward local governments, local police depart- from Wisconsin (Mr. OBEY) for the won- for crucial legislation for the American ments, in the form of the Byrne Grants derful work that he does, but I think, people. and other regular law enforcement pro- Mr. Speaker, rather than just pass an- At issue and still hanging out there grams. other CR and let us see how long we are everything that goes to Health and We also have the problem of the can stall dealing with the problems of Human Services and Education that Labor Health and Education bill where the American people, facing up to the the government does, things crucial to the education funding falls billions of reality that we have got some massive the health of our people, crucial to the dollars behind the No Child Left Be- problems in this country, it is time to education of many; also the issue of hind Act which the President realize that we have some serious prob- veterans health care, as the gentleman trumpeted so loudly just 2 years ago. lems, and the way to fix those prob- from Wisconsin said. We still have not We have a dispute between Republicans lems is for us to work together like we adequately funded and taken care of in both Houses over adequate funding have under the leadership of the gen- identified problems with veterans levels for NIH, and I think there is con- tleman from Florida and the gen- health care, and yet money to do that siderable discomfort within the Repub- tleman from Wisconsin. Let us face our in the bill coming up later today was lican Party, and certainly within ours, problems, come to some realistic solu- stripped from the legislation late in about the inadequate level of funding tions that do not involve enriching our the night. for special education for handicapped friends, do not involve enriching large We have the issue of homeland secu- children. corporations, do not involve further en- rity. I serve on the Select Committee My point is simply that we are here, riching the pharmaceutical industry in on Homeland Security, and we know late in the year certainly it is not un- this country. that we are not meeting the needs ade- precedented. It has happened before One of the things that is holding up quately of aviation security; of port se- under both parties, but I do not recall the completion of this year’s work is curity; of the other aspects of home- in quite some time it being this cha- the Medicare reform bill. One of the land security; of first responders, those otic. And I also believe that it would things that is holding it up is the mas- who we are going to call on, our fire, have been very easy to avoid had we sive debt that we are creating for our our police, and others in our home had at least modest efforts at reaching children and grandchildren with abso- States who do not have the tools they a bipartisan approach to the budget lutely no plan, no plan whatsoever to need to respond day to day, let alone to resolution, for instance, which has deal with it. Our seniors do not have potentially catastrophic emergencies caused the squeeze on appropriation the medicine that they need, and we and terrorist attacks. Yet here we find bills. know how to fix this problem. We can ourselves again on the floor of the So, Mr. Speaker, I think we have no actually fix this problem without House, yet again continuing through a choice but to pass this continuing reso- spending a large amount of government temporary measure the operations of lution, but I think it is simply another money. the government. small bridge to next week when we will We should not leave this Chamber I guess things would not be this way have to pass yet another one, and I again until we solve these problems or if the Republicans held the White think the best way to break through at least come to some mutual agree- House and controlled both the House this problem is not by exhorting people ment as to how we are going to work to and the Senate. Oh, well, actually, try to get this done. We should stay in to reach agreement where there is no they do. That is right, I forgot. So it this Chamber day and night for as long agreement. I think the best way to must be the Democrats that are hold- as it takes to get the job done for the break through this problem is by ing things up. Maybe it is Bill Clinton American people. changing the parameters so that we who is responsible for this. I think This is not about Republicans. It is consider a broader-based compromise maybe it is his fault, actually, because not about Democrats. The senior citi- on some of these bills than has been he left us with a surplus and now we zens in the 1st District of Arkansas do considered to date. have a $500 billion deficit and we do not not give a hoot whether it is Repub- That is the only way that I see that have the money to adequately fund licans or Democrats, but they do care we can get out of here before Thanks- these programs, so we are hung up and about the fact that they get robbed by giving turkey time with any degree of cannot get the votes together to pass the prescription drug manufacturers of satisfaction and self-respect. Certainly anemic bills that will not meet the this country to the point where they the gentleman from Florida was able to needs of homeland security, will not cannot buy their own food and they are put his bills through the House in a meet the needs of America’s young peo- not going to be able to heat their timely fashion, but when such limita- ple, will not meet the needs of our vet- homes this winter. They care about tions have been imposed, as is the case erans or our seniors. We just do not that, and I care about it for them. have the money to do it. We do not in this session, it becomes almost im- It is time that we face the reality of have any money at all. We are just possible for the House and the Senate the problems and quit trying to take stuck here. to reach agreement on time, even when care of those that have patronized us Except, wait a minute, later today one party is in control of all the levers and work in a cooperative way between we are going to take up a bill to borrow of government as the majority party the parties, with the leadership of good $87 billion to continue the conflict in now is. men like the gentleman from Florida Mr. Speaker, I reserve the balance of Iraq and to build Iraq; to build an econ- and the gentleman from Wisconsin, to my time. omy for Iraq, to build an infrastructure lead us through these efforts and get Mr. YOUNG of Florida. Mr. Speaker, that is gold plated, a wonderful gold- the job done for the American people. plated infrastructure; but we do not I have no further requests for time, and Let us work together to do this, but have money here in the United States I only have a brief closing statement. I let us not leave this Chamber again to perform some of the same functions. wonder if the gentleman from Wis- until it is done. consin has any additional speakers. We are going to put another $50 million Mr. OBEY. Mr. Speaker, I think we b 1130 into the Port of Umm Qasr. I cannot have two additional speakers at this Mr. OBEY. Mr. Speaker, I yield 5 get $8 million to dredge the ports in my time. I yield 5 minutes to the gen- minutes to the distinguished gen- district. The President says we are tleman from Arkansas (Mr. BERRY) a tleman from Oregon (Mr. DEFAZIO). simply out of money. But we can bor- distinguished member of the com- Mr. DEFAZIO. Mr. Speaker, I thank row $50 million for the Port of Umm mittee. the gentleman for yielding me this Qasr, and we will be voting on that Mr. BERRY. Mr. Speaker, I think time. later today. that we have indeed on the Committee I do not believe that either the chair- Mr. Bremer, the proconsul in charge on Appropriations had good leadership. man of the committee, and I certainly of Iraq, is appalled that many people

VerDate jul 14 2003 03:05 Oct 31, 2003 Jkt 029060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K30OC7.023 H30PT1 H10160 CONGRESSIONAL RECORD — HOUSE October 30, 2003 get their water through lines from work prior to the 7th and we will need Mr. OBEY. Mr. Speaker, I yield my- open canals. He thinks they need a another CR. But that will not be due to self 1 minute. modern water system. The city of Al- any problems in the House. That will Let me simply say, Mr. Speaker, in bany in my State is doing a bond meas- be because we are having some very response to the gentleman from Cali- ure to meet Federal mandates for difficult negotiations in the conference fornia, that the last year the Demo- water supply because they get their on the remaining bills, and also the crats were in control, I was chairman. water supply through an open unlined fact that the other body has not even We finished every appropriation bill be- ditch, but they cannot get a penny passed four of the bills in their own fore the end of the fiscal year, not be- from the Federal Government to help House. cause there was anything special about with that project; but we can borrow So I would suspect that the gen- me, but because my party leadership the money to do it in Iraq. tleman is correct, that we will need an- allowed me to walk across the aisle to How is it we can borrow money for other CR; and maybe I can have a bet- work out a bipartisan allocation be- all these projects in Iraq and we cannot ter explanation at that point. tween the 13 subcommittees. Even find enough money here, under arbi- Mr. MURTHA. Mr. Speaker, reclaim- then, we had two-thirds of the Repub- trary limits, to fund education pro- ing my time, I just do not understand. licans voting against the final product grams for Americans, to fund veterans We know it is going to take longer. I do much of the time. But at least I was al- health care programs, to fund home- not understand why we would be forced lowed to put together a bipartisan allo- land security? What is wrong with this to go through this same administrative cation of dollars, and that is why we picture? Well, it turns out that the Re- procedure every week. We know we are were able to finish it on time. publicans themselves cannot agree, be- going to pass the CR. I just do not un- That is in contrast to the instruction tween the White House and the House derstand. Are we controlling this from that the gentleman from Florida has and the Senate. So we find week after the appropriation side, or is this above unfortunately been given by his leader- week we do these temporary bills, tem- our pay grade? ship, which has led to the fact that the porary bill after temporary bill; and Mr. YOUNG of Florida. If the gen- Republicans at this point in the House tleman will continue to yield, I would yet they do not deliberate toward any and the Republicans in the Senate are say that the resolution before us today real result. losing an argument with themselves. I am certainly not on this esteemed is the resolution that the chairman of That is the problem. committee, but I am on another com- the committee has presented, and that Mr. Speaker, how much time do we mittee that will be the subject of de- was a decision that was made at my have remaining? level and at other levels. bate later today; and I was just in- The SPEAKER pro tempore (Mr. Mr. LEWIS of California. Mr. Speak- volved in a conference committee, ex- THORNBERRY). The gentleman from er, will the gentleman yield? Wisconsin has 7 minutes remaining. cept the conference committee never Mr. MURTHA. I yield to the gen- Mr. OBEY. Mr. Speaker, I yield 5 met. The result was dictated by the tleman from California. White House, something that I believe Mr. LEWIS of California. Mr. Speak- minutes to the gentleman from Mary- will jeopardize public health and safe- er, I very much appreciate the gen- land (Mr. CARDIN). Mr. CARDIN. Mr. Speaker, let me ty, and it was accepted by the majority tleman from Pennsylvania yielding to party. But then they found they could me. thank the gentleman from Wisconsin not get the votes to do what the House I might mention, because the chair- for yielding me this time and acknowl- was dictating they should do. Same man certainly would not say this, that edge the fact that the work done by the thing is happening here with our edu- we are going through this routine, I distinguished chairman of the Com- cation programs, with our veterans know in large part, or maybe in small mittee on Appropriations and the rank- health care, with our first responders, part, because for 40 years the Demo- ing minority member in moving the with our homeland security. The dic- crats ran the place and that gave us appropriation bills through this body tates have come down from above the time to learn a lot by watching what has been on time. We understand that. level of this committee that say this is they did. And from time to time they And we understand that there is a po- all the money there is. were even smart enough to understand litical process that must go forward in We can borrow money for Iraq, but that there was a need to put pressure order to reconcile the differences. we cannot borrow money to fund these on the other body, because that other I agree completely with the ranking vital programs here in the United body operates in a way that is hard for member that the parameters in which States of America; and we put a higher me to imagine. we are operating under make it very priority on cutting taxes. Therefore, Mr. MURTHA. Mr. Speaker, reclaim- difficult for us to work this out, and we we cannot get the bills passed. The ing my time, if the gentleman would should acknowledge that sooner rather votes are not here. This is a very sad not mind, let me just respond that I al- than later so that we can finish the ap- state of affairs. ways went for the longest possible CR. propriation bills. Mr. OBEY. Mr. Speaker, I yield 3 I did not want ever to bring up a CR I also understand it is unlikely we minutes to the distinguished gen- where we had to go through this every will finish all our work by November 7. tleman from Pennsylvania (Mr. MUR- week, every 7 days, every 10 days. It is But, Mr. Speaker, I would think that THA), the ranking Democrat on the always easier to get it done in a rea- we would use this time to get our work Subcommittee on Defense of the Com- sonable time. But I understand what done, rather than a very short week mittee on Appropriations. the gentleman is saying. and not dealing with the business that Mr. MURTHA. Mr. Speaker, I want to Mr. LEWIS of California. Mr. Speak- needs to be done. The committee I ask the chairman a question. Why are er, if my friend from Pennsylvania serve on, the Committee on Ways and we only doing this for a week? We are would continue to yield, I know that he Means, has two very important issues going to have to do this whole thing in is one of the smartest guys in this we have to resolve before Congress ad- another week? We get up here with all place, and the leadership has difficulty journs, and yet we are not doing any this debate, but could the gentleman getting everybody to be as smart as he work as a collective body on those two tell me why? He knows we are not is. And I would note, Mr. Speaker, that issues. going to get done in a week; he knows the gentleman from Pennsylvania is One of the two issues I refer to is unit will take until Thanksgiving. Why speaking today longer than I have seen employment insurance, which is sched- are we only doing this for a week? Can him speak in the entire time I have uled to expire at the end of December; the gentleman tell me? been in the Congress. That is how and yet our committee has not even Mr. YOUNG of Florida. Mr. Speaker, smart he is. And it is a pleasure doing held a hearing or done any work at all will the gentleman yield? business with him. on extending the unemployment insur- Mr. MURTHA. I yield to the gen- Mr. MURTHA. Mr. Speaker, reclaim- ance bill. One would think that we tleman from Florida. ing my time once again, I know the would use this time in order to make Mr. YOUNG of Florida. Mr. Speaker, chairman wanted to extend this, but I sure that we do not do what we did last the answer is that I agree with the gen- just wanted to needle him a bit about Christmas and adjourn leaving those tleman, that we will not conclude our doing this every week. people who cannot find employment

VerDate jul 14 2003 03:05 Oct 31, 2003 Jkt 029060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K30OC7.024 H30PT1 October 30, 2003 CONGRESSIONAL RECORD — HOUSE H10161 without the help they need and deserve the differences on the nine remaining Mr. YOUNG of Florida. Mr. Speaker, through monies that are held in the appropriation bills that should have I yield myself the balance of my time. Federal unemployment trust account. been passed by October 1, which we First, I want to needle the gentleman There is $20 billion there. We should be should have done well before this date, from Pennsylvania (Mr. MURTHA) and using this time to extend the unem- but we reconcile our differences on the then I am going to compliment the ployment insurance system for people other mandatory bills before Congress gentleman from Wisconsin (Mr. OBEY), who are going to need that help. In- adjourns to provide prescription drug and then I am going to have a few com- stead, another week goes by with no benefits for seniors who desperately ments about the issues on the CR. action at all. need it within the Medicare system, a When the gentleman from Pennsyl- Mr. Speaker, let me mention the sec- real benefit, a benefit that they know vania (Mr. MURTHA) said in a friendly ond issue which my friend from Arkan- will help them deal with the ever-in- way that he was going to needle me, I sas mentioned earlier, and that is the creasing costs of prescription medi- want the gentleman to know that I prescription drug issue. Since last cines, and a bill that will extend the have been needled so many times there week, I have had three or four town unemployment benefits not just to is not much room left to put needles in, hall meetings in my district in which those 80,000 Americans every week who but I am prepared, willing, and able. the seniors have asked me what is are exhausting their State benefits, but Mr. Speaker, I want to compliment going on on the prescription drug issue, also the million and a half who already the gentleman from Wisconsin (Mr. and I have to tell them I do not know have exhausted their Federal benefits OBEY) for several reasons. The truth of because the conference has not met in that need extra weeks that are in- the matter is that the House’s part of the open. The House Democrats have cluded in the legislation that has been this appropriations process has worked been excluded from the conference. I do filed by the gentleman from New York very well. The gentleman from Wis- not know why that is true. After all, (Mr. RANGEL) and me. consin (Mr. OBEY) has been a major one would think that this is an issue player in making this process work. b 1145 that we would want to get completed Now, I would say we do not always this year, where we have a real benefit Mr. Speaker, I thank the gentleman agree with each other. In fact, we dis- within the Medicare system for our from Wisconsin (Mr. OBEY) for yielding agree a lot. But occasionally we agree seniors to cover their prescription drug me this time so we can put this par- with the gentleman from Wisconsin needs. ticular legislation in context. It is not and we support what he wants to do. In my district, there are literally just about extending government, it is But when we do not agree, we do not thousands of seniors who cannot afford also giving us an opportunity to get agree; and we are the majority so we their prescription drugs. They are cut- our work done before we adjourn this can outvote him. ting their pills in half. They are taking session of Congress. The year when the gentleman from a pill every other day when they should Mr. OBEY. Mr. Speaker, I yield my- Wisconsin (Mr. OBEY) was chairman, we be taking it every day. We need to get self the balance of my time. did not have any CRs. All 13 appropria- that done before Congress adjourns. Mr. Speaker, since I first came to tions bills were passed by October 1, But the only way, as my friend from this body in 1969, we have had divided which is the beginning of the fiscal Arkansas pointed out, that that is control of government for all but 6 year, and I compliment the gentleman going to be done is if we have a true, years. The only time we have had for that because that does not happen open conference in which Democrats Democratic control of all of the power very often. In fact, in the last 16–18 and Republicans can work together to levels of government was the 4 year pe- years, it has only happened twice. Once bring out a bill that really provides a riod under President Carter and the was under the watch of the gentleman real benefit within the Medicare sys- first 2 years under President Clinton. from Wisconsin (Mr. OBEY), and he de- tem to get our work done. For the rest of that time, we have had serves a lot of credit for that. But I So I understand we are going to ex- divided government until the Repub- would also remind the gentleman that tend the CR for another 7 days so that licans took the whole shebang in the he had 82 more Democrats than Repub- Congress can try to work its will on last election. licans, and that made his life a lot easi- the appropriation bills. I also under- It is clear that regardless of what we er. stand we are nearing the end of the ses- want to talk about in yesterday’s chap- Mr. Speaker, the House has been very sion, whether it is Thanksgiving or ters, the chapter being written today successful this year. Let me just relate Christmas; and one of the, I would makes clear that the majority party is quickly what we have done in the hope, must-do bills is the prescription in control of all of the power levers of House. The gentleman from Wisconsin drug bill. But not just any bill; not a government, and they are in a very big (Mr. OBEY) said he did not want a re- bill that will hurt seniors, not a bill debate with themselves. As a con- peat of last year, and I say Amen to that is going to affect those who al- sequence, we again, as was the case that. We do not want a repeat of last ready have prescription drugs and they last year, do not have the work done. year when we could not even get our are going to find out their employer is That is not the fault of the gentleman bills brought to the floor, although we going to terminate their prescription from Florida. I do believe it is the fault had marked them up in committee. drug coverage because of what we are of those who have decided that every So at the beginning of this year, we doing here; not a prescription drug bill issue will be decided within the Repub- completed 11 of last year’s 13 appro- that has no true benefit our seniors can lican caucus rather than trying to priations bills. We completed, rely on; not a prescription drug bill work out more broad-based bipartisan conferenced, and passed them, and they that has gaps in coverage where seniors bills. were signed into law. We have also are wondering why they are paying Nonetheless, that having been said, completed, in the House and con- high premiums and not getting any we have no choice but to pass this reso- ference, one major supplemental. We benefits; not a prescription drug bill lution. I would hope that we would have passed all 13 of our regular fiscal that does not do something to bring have a sense of realism about how to year 2004 bills. We have also passed a down the cost of prescription drugs in get the job done between now and mini-supplemental that has been our country. That is not what they Thanksgiving. I doubt that we are conferenced and sent to the President want. going to, so I am afraid the gentleman which has now been signed. We have The only way we are going to make from Florida (Mr. YOUNG) and I will be filed the major Iraqi supplemental, sure that we carry out our commit- back on the floor next week and the which we will take up in the House this ment on prescription drugs is we open- following week pursuing these week-to- afternoon. So we have had a very, very ly meet, with the public looking at week extensions. Sooner or later, we busy year on the Committee on Appro- what we are doing, and resolve these simply have to change the mind-set priations front, here in the House of differences in a way that makes sure which has allowed this drift to con- Representatives. that we get our job done well and right. tinue. Our work is not done yet. When we So, Mr. Speaker, I hope that we use Mr. Speaker, I ask for an ‘‘aye’’ vote pass the Department of Interior bill these next 7 days not only to reconcile on the resolution. today, that will be only four of the 13

VerDate jul 14 2003 03:05 Oct 31, 2003 Jkt 029060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K30OC7.026 H30PT1 H10162 CONGRESSIONAL RECORD — HOUSE October 30, 2003 bills completed. There are four more in The SPEAKER pro tempore (Mr. Istook Mollohan Schiff Jackson (IL) Moore Schrock conference: military construction, en- THORNBERRY). All time for debate has Janklow Moran (KS) Scott (GA) ergy and water, Labor-HHS and trans- expired. Jefferson Moran (VA) Scott (VA) portation. We expect to send to con- The joint resolution is considered Jenkins Murphy Sensenbrenner ference the foreign operations bill next read for amendment, and pursuant to John Murtha Serrano Johnson (CT) Musgrave Sessions week. There are still four bills in the House Resolution 417, the previous Johnson (IL) Myrick Shadegg Senate waiting action by the full Sen- question is ordered. Johnson, E. B. Nadler Shaw ate, Commerce-State-Justice, the Vet- The question is on engrossment and Johnson, Sam Napolitano Shays Jones (NC) Neal (MA) Sherman erans and HUD appropriation bill, the third reading of the joint resolution. Jones (OH) Nethercutt Sherwood District of Columbia appropriation bill, The joint resolution was ordered to Kanjorski Neugebauer Shimkus and the agriculture appropriation bill. be engrossed and read a third time, and Kaptur Ney Shuster We cannot go to conference until they was read the third time. Keller Northup Simmons Kelly Norwood Simpson pass those bills. The SPEAKER pro tempore. The Kennedy (MN) Nunes Skelton But to suggest, as one Member did, question is on the passage of the joint Kennedy (RI) Nussle Slaughter that there is hardly any action at all, resolution. Kildee Oberstar Smith (MI) this Committee on Appropriations has Kilpatrick Obey Smith (NJ) The question was taken; and the Kind Olver Smith (TX) been pretty busy and pretty effectively Speaker pro tempore announced that King (IA) Ortiz Smith (WA) busy. the ayes appeared to have it. King (NY) Osborne Snyder Another Member suggested that Mr. OBEY. Mr. Speaker, I object to Kingston Ose Solis Kirk Otter Souder Democrats are excluded from our con- the vote on the ground that a quorum Kleczka Owens Spratt ferences. I only go to conferences on is not present and make the point of Kline Oxley Stearns appropriations bills, but since I have order that a quorum is not present. Knollenberg Pallone Stenholm had the privilege of chairing this com- Kolbe Pascrell Strickland The SPEAKER pro tempore. Evi- LaHood Pastor Sullivan mittee, no Member of either party has dently a quorum is not present. Lampson Payne Sweeney been excluded from the work we are The Sergeant at Arms will notify ab- Langevin Pelosi Tancredo doing or from our conferences. sent Members. Lantos Pence Tanner Mr. OBEY. Mr. Speaker, will the gen- Larsen (WA) Peterson (MN) Tauscher The vote was taken by electronic de- Larson (CT) Peterson (PA) Tauzin tleman yield? vice, and there were—yeas 406, nays 13, Latham Petri Taylor (MS) Mr. YOUNG of Florida. I yield to the not voting 15, as follows: LaTourette Pickering Taylor (NC) gentleman from Wisconsin. Leach Pitts Terry [Roll No. 583] Mr. OBEY. Mr. Speaker, what the Levin Platts Thomas YEAS—406 Lewis (CA) Pombo Thompson (CA) previous Member said was not in any Lewis (GA) Pomeroy Thompson (MS) way directed at the Committee on Ap- Abercrombie Cardin Feeney Lewis (KY) Porter Thornberry propriations. The Member was pointing Ackerman Cardoza Ferguson Linder Portman Tiahrt Aderholt Carson (IN) Flake Lipinski Price (NC) Tiberi out in a number of the authorizing Alexander Carter Foley LoBiondo Pryce (OH) Tierney committee conferences, that Members Allen Castle Forbes Lofgren Putnam Toomey of the minority were excluded; and I Andrews Chabot Fossella Lowey Quinn Towns Baca Chocola Frank (MA) might point out in the process, prob- Lucas (KY) Radanovich Turner (OH) Bachus Clay Franks (AZ) Lucas (OK) Rahall Turner (TX) ably the public interest was excluded Baird Clyburn Frelinghuysen Lynch Ramstad Udall (CO) as well. Baker Coble Frost Majette Rangel Udall (NM) Mr. YOUNG of Florida. Mr. Speaker, Baldwin Cole Gallegly Maloney Regula Upton Ballance Collins Garrett (NJ) Manzullo Rehberg Van Hollen I appreciate the gentleman’s com- Ballenger Cooper Gerlach Markey Renzi Velazquez ments, and he is exactly right. On the Barrett (SC) Costello Gibbons Marshall Reyes Visclosky Committee on Appropriations bills, the Bartlett (MD) Cox Gilchrest Matheson Reynolds Vitter Barton (TX) Cramer Gillmor gentleman from Wisconsin (Mr. OBEY) Matsui Rodriguez Walden (OR) Bass Crane Gingrey McCarthy (MO) Rogers (AL) Walsh and I communicate on a regular basis. Beauprez Crenshaw Gonzalez McCarthy (NY) Rogers (KY) Wamp I try to make sure that the gentleman Becerra Crowley Goode McCrery Rogers (MI) Watson and the minority are aware of anything Bell Cubin Goodlatte McGovern Rohrabacher Watt Bereuter Culberson Gordon McHugh Ros-Lehtinen Waxman that we are planning. We often consult Berkley Cummings Goss McInnis Ross Weiner and ask them how they would deal Berman Cunningham Granger McIntyre Rothman Weldon (FL) with issues. On the appropriations Berry Davis (AL) Graves McKeon Roybal-Allard Weldon (PA) Biggert Davis (CA) Green (TX) process, we have a good arrangement McNulty Royce Weller Bilirakis Davis (FL) Green (WI) Meehan Ruppersberger Wexler and I think we provide a good product. Bishop (GA) Davis (IL) Greenwood Meek (FL) Rush Whitfield We do not exclude Members. Bishop (NY) Davis (TN) Grijalva Meeks (NY) Ryan (OH) Wicker I know there are some strong feelings Bishop (UT) Davis, Jo Ann Gutknecht Menendez Ryan (WI) Wilson (NM) Blackburn Davis, Tom Hall about a 7-day CR or a 15-day CR, and Mica Ryun (KS) Wilson (SC) Blumenauer Deal (GA) Harman Michaud Sabo Wolf probably it would have been more real- Blunt DeGette Harris Millender- Sanchez, Loretta Woolsey istic to go a little later into the month Boehlert Delahunt Hart McDonald Sanders Wu when I think we could conclude our Boehner DeLauro Hastings (FL) Miller (FL) Sandlin Wynn Bonilla DeMint Hastings (WA) Miller (MI) Saxton Young (AK) bills. I know Members are anxious to Bonner Deutsch Hayes Miller, Gary Schakowsky Young (FL) adjourn, but for Members on either side Bono Diaz-Balart, L. Hayworth who want to complain about getting Boozman Diaz-Balart, M. Hefley NAYS—13 Boswell Dicks Hensarling Capuano Jackson-Lee Miller, George done so we can get out of here, I have Boucher Dingell Herger Conyers (TX) Boyd Doggett Hill Paul to remind them, that we get paid 12 DeFazio Kucinich Brady (PA) Dooley (CA) Hinchey Stark months a year, and the people should Filner Lee Brady (TX) Doolittle Hinojosa Waters Ford McDermott expect us to work 12 months a year. Brown (OH) Doyle Hobson And if it takes 12 months, we are going Brown (SC) Dreier Hoeffel NOT VOTING—15 to do it. Members sign up to get their Brown, Corrine Duncan Hoekstra Akin Gephardt Pearce paychecks every month, and should be Brown-Waite, Dunn Holden Ginny Edwards Holt Bradley (NH) Gutierrez Sanchez, Linda prepared to work. We are still not at Burgess Ehlers Honda Carson (OK) Isakson T. the end of the year. We will conclude Burns Emanuel Hooley (OR) Case McCollum Stupak our business before then, but if some- Burr Emerson Hostettler DeLay McCotter Burton (IN) Engel Houghton Fletcher Miller (NC) one is really anxious to get out of here, Buyer English Hoyer maybe they should look for different Calvert Eshoo Hulshof ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE employment. Camp Etheridge Hunter The SPEAKER pro tempore (Mr. Mr. Speaker, I yield back the balance Cannon Evans Hyde THORNBERRY) (during the vote). Mem- Cantor Everett Inslee of my time and ask for a yes vote on Capito Farr Israel bers are advised that there are 2 min- the CR. Capps Fattah Issa utes remaining in this vote.

VerDate jul 14 2003 03:05 Oct 31, 2003 Jkt 029060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K30OC7.029 H30PT1 October 30, 2003 CONGRESSIONAL RECORD — HOUSE H10163 b 1216 Capps Hulshof Price (NC) Gephardt McDermott Sanchez, Linda Cardin Hyde Putnam Gutierrez Miller (NC) T. Ms. WATERS and Ms. LEE changed Cardoza Inslee Quinn Harris Moran (VA) Schakowsky their vote from ‘‘yea’’ to ‘‘nay.’’ Carter Israel Radanovich Hunter Owens Stupak So the joint resolution was passed. Castle Issa Rahall Isakson Pearce Tierney Chabot Istook Ramstad Manzullo Pickering Whitfield The result of the vote was announced Chocola Jackson-Lee Rangel Marshall Pryce (OH) as above recorded. Clyburn (TX) Regula McCotter Sabo Coble Janklow Rehberg A motion to reconsider was laid on ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Cole Jenkins Renzi the table. Collins John Reyes The SPEAKER pro tempore (Mr. Cooper Johnson (CT) Reynolds f SWEENEY) (during the vote). Members Costello Johnson (IL) Rogers (AL) are advised there are 2 minutes remain- Cox Johnson, Sam Rogers (KY) REMOVAL OF NAME OF MEMBER Cramer Jones (NC) Rogers (MI) ing on this vote. AS COSPONSOR OF H.R. 2510 Crenshaw Jones (OH) Rohrabacher b 1234 Crowley Kanjorski Ros-Lehtinen Mr. DOOLITTLE. Mr. Speaker, I ask Cubin Keller Ross So the motion to adjourn was re- unanimous consent to have my name Culberson Kelly Rothman jected. removed as a cosponsor of H.R. 2510. Cunningham Kennedy (MN) Roybal-Allard Davis (AL) Kildee Royce The result of the vote was announced The SPEAKER pro tempore (Mr. Davis (CA) Kind Rush as above recorded. THORNBERRY). Is there objection to the Davis (FL) King (IA) Ryan (OH) f request of the gentleman from Cali- Davis (TN) King (NY) Ryan (WI) fornia? Davis, Jo Ann Kingston Ryun (KS) WAIVING POINTS OF ORDER Davis, Tom Kirk Saxton AGAINST CONFERENCE REPORT There was no objection. Deal (GA) Kline Schiff DeGette Knollenberg Schrock ON H.R. 2115, VISION 100—CEN- f Delahunt Kolbe Scott (GA) TURY OF AVIATION REAUTHOR- DeMint Kucinich Scott (VA) IZATION ACT MOTION TO ADJOURN Deutsch LaHood Sensenbrenner Diaz-Balart, L. Latham Serrano Mr. LINCOLN DIAZ-BALART of Mr. BERRY. Mr. Speaker, I move Diaz-Balart, M. LaTourette Sessions Florida. Mr. Speaker, by direction of that the House do now adjourn. Dicks Leach Shadegg the Committee on Rules, I call up Dooley (CA) Lee Shaw The SPEAKER pro tempore. The House Resolution 422 and ask for its question is on the motion to adjourn Doolittle Levin Shays Doyle Lewis (CA) Sherman immediate consideration. offered by the gentleman from Arkan- Dreier Lewis (KY) Sherwood The Clerk read the resolution, as fol- sas (Mr. BERRY). Duncan Linder Shimkus lows: The question was taken; and the Dunn LoBiondo Shuster Edwards Lofgren Simmons H. RES. 422 Speaker pro tempore announced that Ehlers Lucas (KY) Simpson Resolved, That upon adoption of this reso- the noes appeared to have it. Emanuel Lucas (OK) Skelton lution it shall be in order to consider the RECORDED VOTE Emerson Lynch Smith (MI) conference report to accompany the bill Engel Majette Smith (NJ) (H.R. 2115) to amend title 49, United States Mr. BERRY. Mr. Speaker, I demand a English Matheson Smith (TX) recorded vote. Eshoo Matsui Smith (WA) Code, to reauthorize programs for the Fed- A recorded vote was ordered. Etheridge McCarthy (MO) Souder eral Aviation Administration, and for other Everett McCarthy (NY) Spratt purposes. All points of order against the con- The vote was taken by electronic de- Farr McCollum Stark ference report and against its consideration vice, and there were—ayes 76, noes 328, Fattah McCrery Stearns are waived. The conference report shall be not voting 30, as follows: Feeney McHugh Stenholm considered as read. Ferguson McInnis Strickland [Roll No. 584] Flake McKeon Sullivan The SPEAKER pro tempore. The gen- AYES—76 Forbes McNulty Sweeney tleman from Florida (Mr. LINCOLN Ford Meehan Tancredo Ackerman Hinojosa Millender- DIAZ-BALART) is recognized for 1 hour. Fossella Mica Tanner Alexander Holt McDonald Franks (AZ) Michaud Tauscher Mr. LINCOLN DIAZ-BALART of Allen Honda Miller, George Frelinghuysen Miller (FL) Tauzin Florida. Mr. Speaker, for the purpose Baldwin Hoyer Nadler Frost Miller (MI) Taylor (MS) Bell Jackson (IL) of debate only, I yield the customary 30 Neal (MA) Gallegly Miller, Gary Taylor (NC) Berkley Jefferson minutes to the gentleman from Massa- Oberstar Garrett (NJ) Mollohan Terry Berry Johnson, E. B. Pallone Gerlach Moore Thomas chusetts (Mr. MCGOVERN), pending Brown, Corrine Kaptur Pascrell Gibbons Moran (KS) Thompson (CA) Capuano Kennedy (RI) which I yield myself such time as I Payne Gilchrest Murphy Thornberry Carson (IN) Kilpatrick may consume. During consideration of Pelosi Gillmor Murtha Tiahrt Carson (OK) Kleczka Pomeroy Gingrey Musgrave Tiberi this resolution, all time yielded is for Clay Lampson Rodriguez Gonzalez Myrick Toomey the purpose of debate only. Conyers Langevin Ruppersberger Goode Napolitano Turner (OH) Cummings Lantos (Mr. LINCOLN DIAZ-BALART of Sanchez, Loretta Goodlatte Nethercutt Turner (TX) Davis (IL) Larsen (WA) Florida asked and was given permis- Gordon Neugebauer Udall (NM) DeFazio Larson (CT) Sanders Goss Ney Upton sion to revise and extend his remarks.) DeLauro Lewis (GA) Sandlin Granger Northup Van Hollen Mr. LINCOLN DIAZ-BALART of Dingell Lipinski Slaughter Graves Norwood Visclosky Doggett Lowey Snyder Florida. Mr. Speaker, House Resolution Green (TX) Nunes Vitter Evans Maloney Solis 422 is a rule providing for consideration Green (WI) Nussle Walden (OR) Filner Markey Thompson (MS) Greenwood Obey Walsh of the conference report accompanying Frank (MA) McGovern Towns Gutknecht Olver Wamp H.R. 2115, the Vision 100—Century of Grijalva McIntyre Udall (CO) Hall Ortiz Watson Hastings (FL) Meek (FL) Velazquez Aviation Reauthorization Act. Harman Osborne Watt Hill Meeks (NY) Waters Mr. Speaker, I would briefly remind Hart Ose Waxman Hinchey Menendez Woolsey Hastings (WA) Otter Weiner this Congress of the essential author- NOES—328 Hayes Oxley Weldon (FL) izations provided through this bill. Hayworth Pastor Weldon (PA) First and foremost, the legislation re- Abercrombie Bilirakis Brady (PA) Hefley Paul Weller Aderholt Bishop (GA) Brady (TX) Hensarling Pence Wexler authorizes the FAA for 4 years and $3.4 Andrews Bishop (NY) Brown (OH) Herger Peterson (MN) Wicker billion in fiscal 2004, increasing by $100 Baca Bishop (UT) Brown (SC) Hobson Peterson (PA) Wilson (NM) million each year thereafter. The FAA Bachus Blackburn Brown-Waite, Hoeffel Petri Wilson (SC) is, of course, primarily responsible for Baird Blumenauer Ginny Hoekstra Pitts Wolf Baker Blunt Burgess Holden Platts Wu the safety of the Nation’s skies Ballance Boehlert Burns Hooley (OR) Pombo Wynn through activities ranging from the Barrett (SC) Boehner Burr Hostettler Porter Young (AK) continued monitoring by air traffic Barton (TX) Bonilla Burton (IN) Houghton Portman Young (FL) Bass Bonner Buyer controllers to the development of new Beauprez Bono Calvert NOT VOTING—30 airspace technologies. Becerra Boozman Camp The district that I am honored to Bereuter Boswell Cannon Akin Bradley (NH) DeLay Berman Boucher Cantor Ballenger Case Fletcher represent contains Miami Inter- Biggert Boyd Capito Bartlett (MD) Crane Foley national Airport, consistently one of

VerDate jul 14 2003 03:05 Oct 31, 2003 Jkt 029060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K30OC7.033 H30PT1 H10164 CONGRESSIONAL RECORD — HOUSE October 30, 2003 the Nation’s busiest, both for inter- place, and they were never notified port guts this directive in order to give national and domestic travel. I am al- that a new report was ready until after air carriers the authority to establish ways impressed by the level of public- this new conference report was filed. those training requirements at their private cooperation between such orga- Now, I do not even know if Repub- discretion. The TSA has developed the nizations as the FAA and Miami Inter- lican members of the conference com- training for Federal flight deck officers national. This cooperation is evident, mittee met, or if some leadership aide and the Federal air marshals. It only as well, through many provisions in or some lobbyist changed the bill him- makes sense that the TSA should be re- this legislation, for example, $500 mil- self on the back of a napkin. sponsible for developing the lion for airport security improvements Mr. Speaker, this is outrageous. antiterrorism training for flight at- at airports; grants and tax credits for When we shared our concerns with tendants so that there is a coordinated low emissions; compensation to general the chairman of the Committee on response from the entire flight crew in aviation for losses from security man- Rules last night, he told us that he un- the event of a terrorist attack. To do dates; and war risk insurance to the derstood where we were coming from anything less, Mr. Speaker, is to place airlines through March 30, 2008. and that he would talk to his leader- special interests above passenger safe- This Congress was quick to assist air- ship about it. With all due respect, Mr. ty, and that is absolutely unaccept- lines after the tragedy of 9–11, and Speaker, it is not enough to feel our able. rightfully so. The economic benefits pain. What we are looking for is fair- Mr. Speaker, this is not the way the from the movement of people and ness. Last night, the Committee on people’s House is supposed to run. goods the airlines provide obviously de- Rules Republicans could have stood What has happened with this con- manded our attention. However, we with Democrats and demanded that the ference report is an outrage and an in- must also consider those smaller air- House rules and procedures be result, not only to Members of both par- craft which were restricted for months. spected. They had their chance to ties, but to the people we represent. I Accordingly, this Congress will act make their actions match their rhet- strongly urge my colleagues to defeat through the underlying legislation to oric. But sadly, they chose, once again, the previous question and defeat the help general aviation return to finan- to follow their leaders, rather than fol- rule. cial stability by providing compensa- low the rules. Mr. Speaker, I reserve the balance of tion for the hardships on their busi- Again, this is not an isolated inci- my time. ness. This bill authorizes $100 million dent; this is part of a continuing pat- Mr. LINCOLN DIAZ-BALART of for these general aviators that were tern of disregard for the rules of this Florida. Mr. Speaker, I yield myself greatly affected by increased security House, disregard for other points of such time as I may consume. restrictions. view, disregard for open debate, dis- I certainly have not seen it all, but I I would like to thank the gentleman regard for bipartisanship, and disregard am learning a lot this morning, hear- from Alaska (Chairman YOUNG) and the for the American people. ing the debate. Approximately 150 tow- gentleman from Florida (Chairman As I have said before, I understand ers were privatized during the Clinton MICA) for their extraordinary leader- that the majority has the responsi- years. This legislation does not man- ship on this important reauthorization, bility to manage the House and that date any privatization of towers, and and I urge my colleagues to support the Committee on Rules can be a tool yet trying to reconcile with this re- this important rule and the underlying in that effort. But under this Repub- ality and these facts, what I am hear- legislation. lican leadership, the Committee on ing. Mr. Speaker, I reserve the balance of Rules has become not a tool, but a Mr. Speaker, at this time, in order to my time. weapon, a weapon used to smother, sti- elicit some information and some facts Mr. MCGOVERN. Mr. Speaker, I fle, and suppress; a weapon used to about what the legislation is doing, I thank my friend from Florida for yield- cover up bad behavior and undermine yield such time as he may consume to ing me the customary 30 minutes, and the democratic process. the gentleman from Alaska (Mr. I yield myself 5 minutes. These matters, Mr. Speaker, are not YOUNG), the chairman of the Com- Mr. Speaker, I rise in strong opposi- just ‘‘inside baseball.’’ They are mat- mittee on Transportation. tion to this rule, and I urge my col- ters that directly impact the American (Mr. YOUNG of Alaska asked and was leagues to vote it down. Just when I people. In this case, the conference re- given permission to revise and extend think I have seen everything, the Re- port for the FAA bill does not just di- his remarks.) publican leadership comes up with a rectly contradict the expressed bipar- Mr. YOUNG of Alaska. Mr. Speaker, new surprise. We are seeing appropria- tisan will of both the House and the again, I would like to thank the gen- tion bills that no one can amend. We Senate; it also jeopardizes the safety of tleman from Florida (Mr. MICA) for car- have seen huge multibillion dollar om- the people we represent. rying this load. I had to come to this nibus spending bills being written in The bill still allows for the privatiza- floor because there has been a lot of secret and shoved through the House. tion of air traffic control, despite the misunderstanding about this legisla- We have seen twisted arms and broken fact that both the House and the Sen- tion. promises. But tomorrow is Halloween ate voted to prohibit privatization. If All the way through this legislation and the leadership has come up with a this provision becomes law, it will the gentleman from Minnesota (Mr. brand-new trick: the invisible con- begin the dismantling of the air traffic OBERSTAR) and his staffer, Stacy, were ference committee. control system as we know it. involved in this legislation as it passed As everyone knows, just 2 days ago, We cannot allow our air traffic con- from the committee and to this House the Republican leadership, after nearly trol system to be farmed out to the floor. I was charged as chairman of the 5 weeks of delay, finally brought up a lowest bidder. Safety must come first, committee to meet with the Senate, rule to send the seriously flawed FAA and we cannot do it on the cheap. and it is a two-way street, and the Sen- conference report back to the con- A while back, some Republican Mem- ate and the House did meet. ference committee. The House, in a bi- bers claimed that they opposed privat- By the way, in this bill, for the other partisan way, approved that rule, with ization so strongly that they pledged side, the Democrat side, the provision the hope that the flaws in this bill to vote against the conference report. I included a special rule to maintain the could be fixed and we could reauthorize hope they follow through with that minimum AIP entitlement at small important aviation and safety pro- promise today. airports that had lost passengers. That grams. Instead, the invisible con- And the bill, Mr. Speaker, still was the gentleman from Massachu- ference committee did not hold a single changes antiterrorism training for setts’ (Mr. MCGOVERN) piece of legisla- public meeting, a violation of House flight crews from mandatory to discretion. It included a sense of Congress on rules, and did not give Democratic tionary. The Homeland Security Act of fifth freedom and seventh freedom members any opportunity for input or 2002 directed the Transportation Secu- flights. That was the gentleman from amendment. In fact, Democratic mem- rity Administration to issue security Illinois (Mr. LIPINSKI). Increase the bers of the conference were never even training guidelines for flight crews. Metropolitan Planning Organization, notified that a conference was taking Section 603 of the FAA conference re- MPO, participation in airport planning

VerDate jul 14 2003 03:05 Oct 31, 2003 Jkt 029060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K30OC7.037 H30PT1 October 30, 2003 CONGRESSIONAL RECORD — HOUSE H10165 process; that was the gentleman from Jersey (Mr. PASCRELL), a member of your objective, and your objective is to Oregon (Mr. BLUMENAUER). A require- the committee. part-time the workforce in America. ment to provide additional information PARLIAMENTARY INQUIRY You have not gone far enough. And you to families affected by aircraft acci- Mr. PASCRELL. Mr. Speaker, I have are afraid to talk head-on to it. dents, that was from the gentleman a parliamentary inquiry. This is not the end of it. There is from New York (Mr. WEINER). Restric- The SPEAKER pro tempore (Mr. going to be more than adjournments, it tions on flights to Teterboro Airport, SWEENEY). The gentleman will state his is going to be more than debates. It is that was the gentleman from New Jer- parliamentary inquiry. a central issue in American politics sey (Mr. ROTHMAN). Flight attendant Mr. PASCRELL. Mr. Speaker, has today. certification; deadline of issuance of there been a violation of the House Mr. LINCOLN DIAZ-BALART of stage 4 noise reduction rule; cur- rules, the rules of this House and the Florida. Mr. Speaker, I yield such time riculum standards for maintenance integrity of this House in convening as he may consume to the distin- technicians; provision on foreign repair the conference on the FAA bill? That is guished gentleman from Florida (Mr. station security. All of these came my inquiry. MICA), chairman of the Subcommittee from the other side, and they are in the The SPEAKER pro tempore. Under on Aviation. bill. the precedents of the House, a con- (Mr. MICA asked and was given per- The conference did meet at the reference report must be the product of mission to revise and extend his request of the Senate side and, at that an actual meeting of the managers ap- marks, and include extraneous mate- time, the Democrats offered an amend- pointed by the two Houses. rial.) ment to prohibit the FAA from con- Mr. PASCRELL. Mr. Speaker, has Mr. MICA. Mr. Speaker, I am pleased tracting out any more air traffic con- that been the case with this bill? to respond to some of the points that trol towers and it lost. The SPEAKER pro tempore. The have been raised on this particular pending resolution proposes to waive rule. Having participated in the devel- b 1245 all points of order against the con- opment of this legislation on this con- And it lost. And I have to remind ev- ference report. Members may debate ference report, I am familiar with some erybody in our bill I protected 95 per- the necessity or advisability of doing of the details that I think we should, cent of the control towers. Sixty-nine so. again, separate fact from fiction. could have been contracted out; sixty- Mr. PASCRELL. Mr. Speaker, so in First of all, the conference did meet. nine. Under of the Clinton administra- other words, the Committee on Rules I have a copy of the transcript of the tion 194 were contracted out. And no made their statement, therefore, that conference. Let me say, first of all, in one said a word, privatized and no one is the answer to the question, really. the development of the bill, I have said a word. I protected 95 percent of it. Correct, Mr. Speaker? heard comments about this not being a But because of the misinformation, the The SPEAKER pro tempore. The bipartisan effort. I can say that I have cry of anguish, now we went back to Chair will just reiterate what was just been in the Congress for 11 years. And the old law, existing law, the way it ex- stated. I was in the minority, and I saw how isted for the last 10 years. And that is Mr. PASCRELL. Mr. Speaker, let me things operated in an oppressed fash- the law we had that was stripped out of say this: That on 9/11, this public sys- ion, being part of the minority I said this provision. tem that we have in the United States that would never happen when I was And, very frankly, I was disappointed was able to land 700 planes in a very given the opportunity to be in a leader- that there was nobody signing the con- short period of time. They cleared the ship position. ference report from the other side. We air in 2 hours. And as the ranking So I conducted more hearings on the tried to finalize it before it expired, member of this committee has stated reauthorization of AIR–21, FAA reau- this act itself, and now we are on the most eloquently, if the control of the thorization, than we did on AIR–21’s floor today. And I ask my colleagues, national air space and the safety of the original hearings. And I have a list of the good in this bill far outweighs what traveling public is not a governmental all of the hearings that we conducted. is said bad about it. It allows our air- function, one has to question what is. I went into the home district of the ports to function. It improves our air- And I think that sums it up in a nut- ranking member and conducted a hear- ports, and it improves safety all the shell. ing. I can tell you with every single way through this legislation. We have had a failure of privatized issue in this piece of legislation, the I know there has been a lot of baggage screening in this country, and minority was consulted. disinformation, and, unfortunately, I that is why we moved into the public The chairman of the committee, the cannot control everything that hap- sector. And while those on the opposi- gentleman from Alaska (Mr. YOUNG), pens in this House. I wish I could. I tion would say that this does not, this just got up and told you that much of would like to be given about 20 minutes does not advocate privatization, we this legislation, in fact, is the work as a dictator, I would straighten every- know what the agenda is down the product of the minority. Opportunities thing out. But that will not happen. street, a part-timing of the workforce I could not have dreamed of when I was This is a democracy. in this country, no question about it, in the minority. But this, overall, is a good piece of and trying to do everything we can to So to say that somehow this has been legislation. Yes, I even arrived at a so- undermine organized labor. My col- unfairly conducted, or some oppor- lution with the delegation from D.C. leagues know it and I know it, regard- tunity not given, is not correct. It is and Virginia on the slots, an agree- less of where one stands on this legisla- not factual. ment we made. So there are not that tion. Then we get to the point of the con- many slots requested from the Senate. If one says this has nothing to do ference. A conference was held and the And I prevailed on the House side. with this legislation, then what are we major issue, there has only been one So I hope with the information that debating for? Why did this House vote point of contention on this legislation is given us in the debate on the rule, 418 to 8, which is a pretty startling from the beginning. That is the ques- and the debate itself, you understand number, 418 to 8, the Committee on tion of the contract towers. We held a that this bill is, overall, a good piece of Transportation and Infrastructure hearing and we had an actual vote on legislation with the bodies on both voted, they made their decision very the issue. sides of the aisle having to work to- clear. And it is an absolute abomina- Here is the vote. Here is the tran- gether to arrive at a solution. tion that we have taken that vote and script. Let me read: ‘‘Mr. OBERSTAR. Now, we can demagog this more and tried to strain it, cleanse it, to do ev- Mr. Chairman, if I am recognized for more; we can rattle on about it more erything we possibly could to it, to the purpose of a motion, I move to and more. But in reality, the legisla- bring back to this floor legislation that adopt the language I have referenced tion before you today should become could have had bipartisan support, that with respect to the language of air law, and I hope it will be passed on. did have bipartisan support, in order to traffic control privatization and the air Mr. MCGOVERN. Mr. Speaker, I yield divide this Chamber. Division, division, traffic control tower language.’’ There 2 minutes to the gentleman from New division. Because you have in sight was a vote and they lost.

VerDate jul 14 2003 03:05 Oct 31, 2003 Jkt 029060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K30OC7.039 H30PT1 H10166 CONGRESSIONAL RECORD — HOUSE October 30, 2003 We put in the provision 69 towers. It parison. You have to compare the both the House and the Senate had was done in an open meeting. They flights, the number of flights, hours of voted in the interest of public health were given an opportunity for a vote. operation. So they did that. And they and safety and control of the national This is the vote. just completed that. You know what? air space and national security to pro- Mr. Speaker at this point I will in- An even more exact comparison found, hibit the privatization of air traffic sert this into the RECORD. that there is five times the error rate control of the United States of Amer- Mr. OBERSTAR. Mr. Chairman, if I am rec- in the FAA towers. So they are less ica, both bodies had voted overwhelm- ognized for the purpose of a motion, I move safe. And they cost, look at it, the re- ingly to not privatize. Suddenly a Sen- to adopt the language I have referenced with port, an average of 12 of them, $917,000 ator shows up with an amendment to respect to the language on air traffic control more to run. privatize 71 air traffic control towers. privatization and the air traffic control So, we have taken out the provision When asked about it, he said, this tower language. was a de minimis sort of amendment. Mr. YOUNG. On the House side, all in favor, that was objectionable to the other signify by saying aye. side, and they still are not happy. This The chairman objected, the gentleman All opposed, signify by saying no. reminds me of that song, the Hokie from Alaska (Mr. YOUNG), because it The noes have it. Pokie: You put your right foot in. included Alaska. So suddenly this So this was done in fairness. What else can we do? great principle of privatizing 71 was Now, I do not remember too many So we are here today, folks, to stop dropped down to 69 like that. conference reports that have been filed the Hokie Pokie. This is very serious Here is what the gentleman from and been out there. We filed this the because our aviation system depends Alaska (Mr. YOUNG) said recently about July 24. The conference has been out on it. Our improvements of our air- this: ‘‘My hotel room is on the top there. And we would have taken this up ports depend on it, and that is in this floor of the Sheridan and the airplanes the week that we left, but we did not legislation. The security improvements take right off towards my hotel room. have time on the floor. depend on it, and many of our airports Every morning I look out and there is And in the meantime, NATCA has are lacking those security improve- one coming right at me. It is an inter- spent, I am told, I do not know if this ments. They are being held up because esting experience and I want to make is accurate, but I am told $6 to $7 mil- this bill is not passing. sure everything is done right in that lion in a campaign of disinformation to Essential air service to our small and field.’’ So somehow in Alaska, nowhere near take this provision out. Now, what we rural communities, never before have as busy as many of the other airports have done is we won in an open con- we produced a piece of legislation that in question here, it is not safe to pri- ference, and now we have recommitted will do more to expand air service with vatize, but somehow it is safe to pri- the bill and we have agreed to take out an aviation system that now has been vatize other major facilities. In fact, the objectionable provision. So we lost. under such duress that we have nursed what the majority has done is they We gave again to the side to take out it back. This will do more of the job to took out these 69 airports and they the provision, and they still are not create employments and opportunities have opened the door wide because happy. They say they are not being for all Americans. they have stripped the original exclu- treated fairly. So the argument that we have not sion of the House and the Senate on We had a vote, we had an open con- given a fair opportunity to the other privatization from air traffic control ference, and we have taken out the side is bogus. The argument that is from the bill entirely. issue of contention. All the other trying to be posed here today that we So now the President has determined issues, every issue, was debated, every somehow did something in the dark, that the air traffic control of this issue was discussed in hearings. And I without consultation, here is the country, the control of our air space, have copies of all the hearings. I would record. This is the record. We have the safety of the traveling public, is be glad to have them made part of the been fair. We have been open. We have not an inherently governmental func- RECORD. even acquiesced to their number one tion. That is what the President has So, again, the question of unfairness demand and to what the union has done, reversing an executive order of is unfair. Let me say to the gentleman spent $7 million on in an unprecedented the previous President. That has from New Jersey (Mr. PASCRELL) who campaign of lies and distortion and opened the door to privatize the entire just spoke, and I have the greatest re- misinformation, so we can move this system or, worse yet, to fragment it up spect for the gentleman, the planes legislation forward, so we can help our and cherry-pick out some profitable that landed September 11 that the FAA ailing aviation industry. areas to be subcontracted or con- brought down, half the towers in the b 1300 tracted to Halliburton or others. country, almost half the towers in the That is what this is all about. We country, 219 are contract towers. They Mr. MCGOVERN. Mr. Speaker, I yield have the most productive and safest air are supervised by the Federal Aviation 3 minutes to the gentleman from Or- traffic control system in the world, bar Administration. They are managed by egon (Mr. DEFAZIO), who is the ranking none. What problem are we fixing? We private contractors. So on September Democrat on the committee. are fixing the problem that nobody is 11, those people performed well. Mr. DEFAZIO. Mr. Speaker, that was making money on it. It is run by the The issue of the 69 towers, the 69 tow- a wonderful exercise in obfuscation. government. That is the problem. We ers we did not pick out of the vacuum, The critical thing is that the House should put this on the model of the pri- out of the sky to put in the bill to look voted unanimously to send a failed bill, vate security we had at airports before at for possible conversion to contract a bill which had inserted privatization 9/11. towers. Those FAA towers were exam- into a system that no one voted to pri- Have we so soon forgotten the firms, ined in the year 2000 by the Inspector vatize when the bill passed the House Argenbright and others, who hired and General. Not by the CBO, not by some and the Senate will taken up and a ma- maintained on staff known felons to partisan group, but by the Inspector jority voted to not privatize, and they provide screening at airports, paid min- General. had a press conference and then they imum wage, had a turnover of 140 per- The Inspector General looked at brought the bill back. I was supposedly cent, that would be the model for our those towers. He compared them in 2000 a member of that conference com- air traffic control system? They want and found that the all FAA towers had mittee. There was no conference com- to cheapen it, dummy it down. As one 2.5 times more safety errors than their mittee. We did not meet. We found out of my colleagues said, rent-a-con- counterparts, the contract towers. And from the press that they had reported troller. the cost was substantially more. back the conference. Maybe we can get temporaries. This did not satisfy the union, so The conference in July, which was Maybe we could transmit all the data they asked for another restudy. So we called in a very hurried way, yes, we to India and have the people there do asked for a restudy requested by actually had one meeting. We were to our aircraft spacing. Come on. This is NATCA. They reviewed it in 2002 and meet again after we had a series of the safest, best run, most efficient sys- 2003. Here is the report. In the report votes. We are still waiting for that tem in the world, bar none. What prob- they said you did not do the right com- meeting. The point is, suddenly after lem are you fixing here? You are not

VerDate jul 14 2003 03:05 Oct 31, 2003 Jkt 029060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K30OC7.042 H30PT1 October 30, 2003 CONGRESSIONAL RECORD — HOUSE H10167 fixing a problem, unfortunately. You chairman. I commend the gentleman here. We have privatization messing up are attempting to open the door for from Florida (Mr. MICA), and I com- the bill and causing a huge controversy someone to make money and to allow mend all the Members of this House in this House. the airplanes, perhaps, to dictate how who care about the safety of the Amer- First, the small airports will be the the system runs. ican people, the safety and security of guinea pigs. The poor 69 airports they Maybe we can get those planes closer our airports, and the continued great have come and screamed to high heav- together. We do not really have to aviation industry we have. I urge Mem- en. Many of us were nervous because worry about wake turbulence. Maybe bers to vote for the rule and for the we thought after the guinea pigs the we could taxi them a little quicker. We final report. rest of us would follow. The problem, I do not really have to worry about colli- The SPEAKER pro tempore (Mr. want to say to my good friend, the gen- sions on runways. Maybe there are SWEENEY). The Chair will notify Mem- tleman from Florida (Mr. MICA), is other places we could squeeze the sys- bers that the gentleman from Florida once the language is bare, it leaves the tem. (Mr. LINCOLN DIAZ-BALART) has 91⁄2 impression, and I think that most of us Every one of those things would jeop- minutes remaining. The gentleman have the impression, that anything can ardize the safety of the American pub- from Massachusetts (Mr. MCGOVERN) be privatized now. It leaves the impres- lic which I put paramount and this bill has 19 minutes remaining. sion that instead of improving the bill, does not, and this process is absolutely Mr. MCGOVERN. Mr. Speaker, I yield we have gone from bad to worse. corrupt. 31⁄2 minutes to the distinguished gen- I know what we went through with Mr. LINCOLN DIAZ-BALART of tlewoman from the District of Colum- security guards. If we believe that se- Florida. Mr. Speaker, I yield 2 minutes bia (Ms. NORTON), who is a member of curity guards are inherently govern- to the distinguished gentleman from the committee. mental, and that is the language here, Georgia (Mr. ISAKSON). Ms. NORTON. Mr. Speaker, I thank we surely have corrupted the concept if Mr. ISAKSON. Mr. Speaker, I thank the gentleman for yielding me time. air traffic controllers are not govern- the gentleman from Florida (Mr. MICA), I can identify with the frustration of mental. 9/11 changed everything. It is a and I thank the gentleman from Flor- the gentleman from Alaska (Mr. bright line. We are not willing to risk ida (Mr. LINCOLN DIAZ-BALART), and I YOUNG) and the gentleman from Flor- anything in the air. thank the members of the conference ida (Mr. MICA) because you really did We are no longer willing to risk any- committee, and I particularly thank do your job. You have gotten a good bi- thing in the air. I would defy the other the chairman. partisan bill out of committee, and I side to stand up when I am through and There were some difficulties fol- know it because up close there were give me an example of something that lowing the conference committee meet- things that both chairmen worked with is inherently governmental if air traf- ing when I was there and others were me on together. fic controllers are not. After 9/11 we there. There was a conference com- Their bipartisan bill did not have pri- would not leave anything to chance in mittee meeting and there was some ar- vatization. It is really hard to find out the air space of our country, and the gument over the 69 towers, and the bill who are the folks that are for privat- problem with the private sector is they before us today corrects that argu- ization because you will not find them are in the business of making money. ment. in the committee, and you will not find They have got to cut corners if it gets Now, what I would like to correct for them in the House and the Senate, and tight. This bill fails the indispensable a second are two facts or two state- that is who I thought we were. This test of guarding our air space as we ments that I have just heard. breaks my heart because both chair- promised in the post-9/11 period. First of all, this bill is about the men worked so closely with me to get Mr. LINCOLN DIAZ-BALART of safety of the American people and a changes in this bill that I wanted and Florida. Mr. Speaker, I reserve the bal- failure to adopt this conference com- some of them were controversial. An ance of my time. mittee would be turning the back on example is the slots, very controver- Mr. MCGOVERN. Mr. Speaker, I yield the safety of the American people. sial. 31⁄2 minutes to the gentleman from New That is number one. I did not get all I wanted, but instead Jersey (Mr. MENENDEZ), who is also a Number two is about if you represent of the proposed 36, it is down to 20 and member of the Committee on Trans- a major airport in this country, an air- we worked together to get that. I portation and Infrastructure. port that is gone through the trauma worked with the gentleman from Flor- (Mr. MENENDEZ asked and was of the post 9/11 period, an airport that ida (Mr. MICA) and the gentleman from given permission to revise and extend is now working with the CX 9000 equip- Alaska (Mr. YOUNG) because general his remarks.) ment and the other equipment we are aviation here had not been reimbursed Mr. MENENDEZ. Mr. Speaker, I mandating. This bill puts into statute and everybody else had been reim- thank the gentleman for yielding me the conference committee report, the bursed. They said we will work with time. reimbursements in law that those air- you and they did. There is $100 million Mr. Speaker, this conference report ports will receive. It removes us from in here for the small airports that were which is the subject of the rule rep- last-minute supplemental appropria- not reimbursed the way the big airlines resents only the second time in modern tions with cries for needs of money were. history that a conference report filed from airports and the moving of the D.C. was hit especially hard because by the Committee on Transportation shell game. we are not open yet. They worked with and Infrastructure does not include a This conference committee report ad- me on that and there is language in single Democrat signature. The first dresses the rural and smaller airports there instructing the Department of time this happened was the first con- in this country. This conference com- Homeland Security to develop and im- ference report on this same bill which mittee report is all about safety, not- plement a plan to open to general avia- subsequently had to be recommitted, withstanding what one’s policy may tion, including charters, to the airports and this last conference report is no have been on the issue that took us to so that they can come in. better; and we will be back here again the controversy that caused the bring- They worked with them on language because this bill will simply not pass ing back of this conference report and to get airplanes here, state-of-the-art the Senate. for it to be rewritten. airplanes that take more passengers, Now, the House rules governing con- The fact of the matter is it is obfus- but they are quieter and more fuel effi- ference committee requires that at cation if someone stands here in this cient. My only regret in this bill for least one conference committee be held House and says that this bill continues myself is that the Metropolitan Air- and what that means is that all of the what has been corrected. This bill cor- port Authority has to come here to ask conferees, all of the conferees get in- rects the deficiency. This bill is an infor grant funds that everybody else vited in democracy, my friends, in a de- vestment in the safety of the American gets automatically. Having all of that mocracy which we try to promote people that fly; and a vote against this good stuff and it is full of other good throughout the world. We stand here rule or against this bill would be a vote stuff for the entire country in here, the and resolution after resolution pro- against their safety. So I commend the chairman did not want privatization mote it throughout the world. We are

VerDate jul 14 2003 03:05 Oct 31, 2003 Jkt 029060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K30OC7.044 H30PT1 H10168 CONGRESSIONAL RECORD — HOUSE October 30, 2003 in Iraq. We are in Afghanistan, but leagues on the other side of the aisle do Ms. JACKSON-LEE of Texas. Mr. here in the greatest democracy in the not have the majority of the votes, how Speaker, I thank the distinguished world, Democrats representing 134 mil- they must feel, but I think it is impor- member of the Committee on Rules for lion Americans in this country through tant that some facts now be put on the yielding me the time. the 206 members of the Democratic record, Mr. Speaker. I thank the Speaker and I guess my Caucus do not get invited to a con- This legislation before us mandates good friend on the other side of the ference to have those Americans’ views no privatization of towers. During the aisle, a good friend of mine, but if I on this important air safety issue. years of the Clinton Presidency, ap- must answer the question about our That is outrageous and it is the cor- proximately 150 such towers were frustration, it is because democracy ruption of the process and the corrup- privatized. I do not recall my friends has been hijacked. The simple question tion of the House rules. You are sup- protesting, but this legislation, which is on this FAA reauthorization is why posed to have a conference committee obviously they are complaining about this could not have been sent back to that brings all to the table. Not only today, mandates no such privatization the conference committee. did you corrupt the House rules and the of towers, like we had 150 during the Right now, without giving further de- conference, you corrupted the will of Clinton years. tails, we have an incidence on this the House that voted overwhelmingly Despite the fact that we on this side campus dealing with some potential in a bipartisan manner on this question of the aisle have the majority of the danger. We are living in a new climate, of air privatization of air traffic con- votes, it is important to point out that Mr. Speaker. We are living where trollers. in the writing of the bill and the origi- Americans are afraid because we suf- The House clearly said we do not nal conference report, our friends on fered through 9/11 and the tragic loss of want rent-a-controllers. The chairman the other side of the aisle were inti- life. What an outrage to suggest that in of the full committee in the first con- mately involved. Many provisions, in this climate, we will begin to privatize ference report did not want it for Alas- fact, were included in the bill at the re- air traffic controllers, the most crucial ka. So if it is not good for Alaska, it is quest of our friends on the other side of aspect of flight operation, and to my not good for any other State of the Na- the aisle. good friend, the 150 privatized that he tion. I agree with him and his wisdom. For example, a special rule to main- alleges under the Clinton administra- Also, you corrupt the process when tain the minimum AIP entitlement at tion, that is wrong. They were not you do not permit the opportunity for small airports that have lost pas- under FAA authorization, Mr. Speaker. our colleagues to participate on behalf sengers, I am told the gentleman from We are grabbing these from FAA au- of those 134 million Americans. After Massachusetts (Mr. MCGOVERN) came thorization. September 11 we did not privatize forth with that idea. Let me just say, Mr. Speaker, in con- screeners; we Federalized them. We A sense of Congress on 5th freedom cluding, we do not have trained flight federalized them. And on the Sep- and 7th freedom flights, I believe the attendants. My colleagues have taken tember 11 day, it was these air traffic distinguished gentleman from Illinois out the language about settling the controllers that brought to the ground (Mr. LIPINSKI) brought forth that idea. question of 65-year-old pilots. hundreds and hundreds of planes across An increase in the MPO participation This is a bad bill. They have hijacked the country in a very incredibly short in the airport planning process, I be- democracy. We should vote no for this, period of time in order to ensure the lieve the gentleman from Oregon (Mr. and the other side realizes that it has safety of those who were traveling on BLUMENAUER) had that idea. treated us unfairly. This rule should be those planes and the safety of all Requirement to provide additional voted down. Americans should those airplanes be information to families affected by air- Mr. LINCOLN DIAZ-BALART of used as they were used in New York craft accidents, I believe the gen- Florida. Mr. Speaker, I yield myself and in the Pentagon as weapons of tleman from New York (Mr. WEINER) such time as I might consume. mass destruction. had that idea. Just to reiterate, we reiterate some So let us give to air traffic control- Restriction on flights at Teterboro facts that I attempted to bring out be- lers in a privatized function the respon- airport, I believe the gentleman from fore. First of all, with regard to the sibility for air security as well. New Jersey (Mr. ROTHMAN) had that towers privatized, airports privatized, idea. during the Clinton administration, b 1315 Flight attendant certification, dead- about 100 of them were former FAA America cannot afford, in terms of line for issuance of Stage 4 noise reduc- staffed towers. I reiterate again, that the traveling public’s safety once they tion rule, curriculum standards for in the legislation brought forth today, are in the air, to have those airplanes maintenance technicians, provision on there is mandated no privatization of which we have seen can be turned into foreign repair station security, all of towers. weapons of mass destruction, ulti- these ideas came from our friends on Mr. Speaker, I reserve the balance of mately be controlled by some the other side of the aisle. my time. privatized entity. So it is important for the facts to be Mr. MCGOVERN. Mr. Speaker, I yield We need to continue to keep it as it known. There is frustration in being in 1 minute to the gentleman from Cali- is. It is the safest, most reliable system the minority. I remember my first fornia (Mr. SHERMAN). in the world. I simply do not know why term here, but let us not negate the Mr. SHERMAN. Mr. Speaker, I rise we are trying to undo that, and I cer- facts that in the fairness of the major- on behalf of the largest general avia- tainly do not know what is so terrible ity, many ideas of the minority were tion airport in this country, Van Nuys about the marketplace of ideas that included. So I think that is required. I airport, and the million people who my colleagues cannot have us in the think that is required by democracy, live in its environs. This bill is de- conference room and the opportunity respect for the minority, and we see in signed to selectively privatize air traf- to make sure that the rest of America this legislation the fruits of much re- fic control. That is unsafe, and it is in- knows what they are doing. spect for the minority, but in addition herently going to be political. Mr. LINCOLN DIAZ-BALART of to ideas that were brought forth by the The chairman of the committee said, Florida. Mr. Speaker, I yield myself minority, there are many ideas ‘‘my hotel room is on the top floor of such time as I may consume. brought forth, I would say many more, the Sheraton, and airplanes take off I sympathize with my good friends on by the majority that are very impor- right towards that room.’’ That is why the other side of the aisle. When I ar- tant to the safety of aviation in this Alaska was not going to be included in rived in this Congress along with the country, Mr. Speaker, and that is why earlier drafts of this bill. The gen- gentleman from Florida (Mr. MICA) 11 we must pass this legislation today. tleman from Florida (Mr. MICA) an- years ago, I was in the minority, and I Mr. Speaker, I reserve the balance of nounced to the Aviation Daily that he remember what it was not to have the my time. was going to selectively include and votes, the majority of the votes to get Mr. MCGOVERN. Mr. Speaker, I yield exclude airports based upon which po- one’s ideas passed and to come into 1 minute to the distinguished gentle- litical support he needed for the bill. law. So I sympathize when now our col- woman from Texas (Ms. JACKSON-LEE). But at least the prior drafts of this bill

VerDate jul 14 2003 03:05 Oct 31, 2003 Jkt 029060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K30OC7.047 H30PT1 October 30, 2003 CONGRESSIONAL RECORD — HOUSE H10169 represented an open, corrupt, political such as mandatory training of flight b 1330 process for deciding which constituents attendants. We never had an oppor- It does boil down to, unfortunately, must live with unsafe conditions, that tunity to discuss the cabotage issue in this one issue that has divided us. We the chairman of the committee would Alaska, and we never had an oppor- have acquiesced to the other side. We not subject himself to. tunity to discuss the matter that the did put in 69 towers out of the 71 towers This bill [in its final form] provides gentleman from Pennsylvania (Mr. PE- identified. us with opaque, political decision-mak- TERSON), the day before yesterday, so ing, with the White House doing every- The two from Alaska, and please do forcefully brought up on this floor, not pick on my chairman, the gen- thing [which air traffic control towers which was essential air service and re- tleman from Alaska (Mr. YOUNG), he to privatize] behind closed doors. Vote quiring small communities to pay for against the rule, and against the bill. represents an area that is just unbe- air service, never had that discussion lievable. You have to go see Alaska to Mr. MCGOVERN. Mr. Speaker, can I in that conference, and this document believe it. It takes 31⁄2 hours by jet inquire how much time is remaining on appeared full blown from the head of both sides? from one end of the State to the other. Zeus, magically. And the two towers that were named in The SPEAKER pro tempore (Mr. Why we could not have documenta- this report, first of all, the gentleman SWEENEY). The gentleman from Massa- tion at the conference 24 hours earlier from Alaska (Mr. YOUNG) has probably chusetts (Mr. MCGOVERN) has 10 min- is beyond me, but that did not happen. more contract towers than any 10 utes remaining. The gentleman from So then 94 days expired without that States put together, but the two that Florida (Mr. LINCOLN DIAZ-BALART) has urgent bill being brought to the House were mentioned in this, one is being 6 minutes remaining. floor, and then finally the majority de- Mr. MCGOVERN. Mr. Speaker, I yield converted to a capstone, that is the Ju- cided that either there were not the 41⁄2 minutes to the distinguished gen- neau, Alaska, tower; and the other one, votes in the Senate or there were not tleman from Minnesota (Mr. OBERSTAR) if you go and look at the Anchorage the votes in the House to pass the doc- who is the ranking Democrat on the tower, it is quite unique. It has a com- ument as reported from the committee Committee on Transportation and bination of military, private sector, of conference. So they came back to Infrastructure. and FAA operations. So they really do the Committee on Rules. The Com- Mr. OBERSTAR. Mr. Speaker, I not fit into this program. And that is mittee on Rules brought a bill to the thank the gentleman for yielding the why that was exempted. But what we floor. We all voted, recorded vote, time. have done here is we have taken out all unanimous on both sides, urged all I am somewhat bemused by the 69. quaint reconstruction of history to Members on our side, vote for it. This is exactly what we had asked for Now, yes, I offered if anyone wanted which we have been treated by the to read this report that says that a chairman of the subcommittee, recon- to go back to conference, and we had a gentlemanly discussion about con- contract tower which is FAA super- struction of what took place in the 1 ference and then it did not happen. vised and privately managed is 4 ⁄2 House-Senate conference that met for 1 1 That is unprecedented in our com- times safer, really it has 4 ⁄2 times less day July 24 and has not met since. error than an all-FAA tower and it The gentleman also said there was mittee, and I think an insult to the Members of the House, and I take it costs less. Heaven forbid in Congress only one issue, only one amendment of- we should deal with saving the tax- fered. It was a conceptual amendment personally. I have served 40 years on the Committee on Transportation and payer money and have something that that I offered to a concept to which we is safer and costs less, like this report had been treated but for which we did Infrastructure. Never have I seen this happen. Voices were stifled. I see the identifies. I suggested we give the not have paper. And so since we did not other side the opportunity, but they do have, and contrast every conference I gentleman from Illinois who presided not want to do that. I said I will give have previously participated in over 24 at the event honoring the previous mi- that opportunity. If people want to do years, I offered an amendment in con- nority leader with the words, The that, fine. cept, and we had a cursory discussion greatest speaker who never was, Mr. The conference participants really of the subject matter which was to re- MICA, who said at that ceremony, I have decided what the issue was. There instate the Senate language, and that never felt in the minority that I was is one issue. Here is the record. So it was voted down. excluded because the rules of the House We were notified of votes in the protect the voice of the minority. has, in fact, boiled down to that. We House and in the Senate. The con- The rules of the House were sup- have taken out the 69 towers from any ference adjourned with a reference by pressed, absconded with when they the potential of privatization. There is no the chairman of the conference that we majority failed to reconvene the con- mention of privatization in this bill. might meet again, if we could somehow ference as the rules of the House re- We gave them basically what they get together, but it was urgent and im- quire. That is what is wrong. want, and they are still not happy. So, portant to get this bill through con- Mr. LINCOLN DIAZ-BALART of again, it boils down to a vote. We have ference, to the House and Senate floor, Florida. Mr. Speaker, I yield 4 minutes to vote on this measure. so that it could be passed before the to the gentleman from Florida (Mr. Again, the question of the executive August recess. The reason there was MICA), the distinguished chairman of order, President Clinton, for 7 years only one subject discussed was that is the Subcommittee on Aviation. and 9 months practically, had the abil- all that we were given time to discuss. Mr. MICA. Mr. Speaker, as we con- ity to look at any of these towers. He There are at least four major issues. clude the debate on this rule, again I made some of them private with con- One, the air traffic control privatiza- urge my colleagues to pass the rule. We tract arrangements, and then he tion which has been said time and have tried to be fair in this process. I changed it. We know why he changed again in this Chamber and the House have tried to be fair. There is one issue. it, a huge amount of money, look at voted clearly to prohibit the privatiza- I mean we can talk about a host of the record, you see what happens in tion of the air traffic control system; other issues, and in this system of 435 campaigns and elections; and this the other body did the same. And yet Members, I have over 40 Members on President changed it back to where it the conference report that appeared the subcommittee. There are over 70 on was where President Clinton had it. the next day, after this very urgent, the full Committee on Transportation And this is the safest system. We important meeting that we had to con- and Infrastructure. We all know that have 219 contract towers in the United clude the work of the conference and we all do not get all of our ways. States. Almost half of the towers in never met again that night, magically We heard the gentlewoman from the the United States are contract towers, a document appeared, and the item District of Columbia (Ms. NORTON) give and they are safe. And they also helped that had been voted on and recorded a very eloquent reminder of her con- in taking down the planes safely on votes in the House and Senate, just dis- tributions and our working together. September 11. So do not bash the cur- appeared, vanished. This bill does represent 99.9 percent of rent system. We never had, in the conference, an us working together to solve issues and That is what we are asking for, plus opportunity to discuss other issues move our aviation industry forward. all the good things that we have

VerDate jul 14 2003 03:05 Oct 31, 2003 Jkt 029060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K30OC7.051 H30PT1 H10170 CONGRESSIONAL RECORD — HOUSE October 30, 2003 worked together on to make this a bet- report to accompany the bill (H.R. 3289) Blackburn Green (TX) Murphy Blumenauer Green (WI) Murtha ter piece of legislation for our country making emergency supplemental ap- Blunt Greenwood Musgrave and our American aviation system. propriations for defense and for the re- Boehlert Gutknecht Myrick Mr. MCGOVERN. Mr. Speaker, I yield construction of Iraq and Afghanistan Boehner Hall Nadler 30 seconds to the gentleman from Or- for the fiscal year ending September 30, Bonilla Harman Napolitano Bonner Harris Nethercutt egon (Mr. DEFAZIO). 2004, and for other purposes, which was Bono Hart Neugebauer Mr. DEFAZIO. Mr. Speaker, the gen- referred to the House Calendar and or- Boozman Hastings (WA) Ney tleman has raised several issues. This dered to be printed. Boswell Hayes Northup bill opens the door even wider to pri- Boucher Hayworth Norwood f Boyd Hefley Nunes vatization. The original House and Brady (PA) Hensarling Nussle Senate bills prohibited privatization. WAIVING POINTS OF ORDER Brady (TX) Herger Obey This bill does not. The President has AGAINST CONFERENCE REPORT Brown (OH) Hobson Olver determined that air traffic control is Brown (SC) Hoeffel Ortiz ON H.R. 2115, VISION 100—CEN- Brown-Waite, Hoekstra Osborne not an inherently governmental func- TURY OF AVIATION Ginny Holden Ose tion. They want to contract it out. REAUTHORIATION ACT Burgess Holt Otter They want to make it into private for Burns Hooley (OR) Owens The SPEAKER pro tempore. The Burr profit. Hostettler Oxley Chair would announce that the gen- Burton (IN) Houghton Pascrell And on the so-called operational Buyer tleman from Florida (Mr. LINCOLN Hulshof Pastor areas, guess what. They are voluntarily Calvert Hunter Pence DIAZ-BALART) has 2 minutes remaining reported. And of the 219 contract tow- Camp Hyde Peterson (MN) on the rule, and the gentleman from Cannon Inslee Peterson (PA) ers, only eight of them voluntarily re- Massachusetts (Mr. MCGOVERN) has 5 Cantor Isakson Petri ported an error. To say they had a very minutes remaining. Capito Israel Pitts low error rate, the GAO determined, Cardin Issa Platts Mr. LINCOLN DIAZ-BALART of the IG determined that this was not a Cardoza Istook Pombo Florida. Mr. Speaker, I reserve the bal- Carson (OK) Jackson (IL) Porter valid study, because we do not have ance of my time. Carter Jackson-Lee Portman mandatory reporting. We do not know Castle (TX) Price (NC) whether there were errors or not. We f Chabot Janklow Pryce (OH) Chocola Jenkins Putnam cannot say they are 41⁄2 times safer. MOTION TO ADJOURN Coble John Quinn And to say that we did this because Cole Johnson (CT) Radanovich of contributions is outrageous, and I Mr. MCGOVERN. Mr. Speaker, I Collins Johnson (IL) Rahall should have had the gentleman’s words move that the House do now adjourn. Cooper Johnson, Sam Ramstad Costello Jones (NC) Rangel taken down. The SPEAKER pro tempore. The Cox Jones (OH) Regula Mr. LINCOLN DIAZ-BALART of question is on the motion to adjourn Cramer Kanjorski Rehberg Florida. Mr. Speaker, I reserve the bal- offered by the gentleman from Massa- Crane Kaptur Renzi ance of my time. chusetts (Mr. MCGOVERN). Crenshaw Keller Reyes Crowley Kelly Reynolds Mr. MCGOVERN. Mr. Speaker, may I The question was taken; and the Cubin Kennedy (MN) Rogers (AL) inquire how much time we have re- Speaker pro tempore announced that Culberson Kildee Rogers (KY) maining. the noes appeared to have it. Cunningham Kilpatrick Rogers (MI) The SPEAKER pro tempore (Mr. Mr. MCGOVERN. Mr. Speaker, I ob- Davis (AL) Kind Rohrabacher Davis (CA) King (IA) Ros-Lehtinen LAHOOD). The gentleman from Massa- ject to the vote on the ground that a Davis (FL) King (NY) Ross chusetts (Mr. MCGOVERN) has 5 minutes quorum is not present and make the Davis (TN) Kingston Rothman remaining and the gentleman from point of order that a quorum is not Davis, Jo Ann Kirk Roybal-Allard Davis, Tom Kline Royce Florida (Mr. LINCOLN DIAZ-BALART) has present. Deal (GA) Knollenberg Ruppersberger 2 minutes remaining. The SPEAKER pro tempore. Evi- DeGette Kolbe Rush Mr. MCGOVERN. Mr. Speaker, I re- dently a quorum is not present. Delahunt Kucinich Ryan (OH) serve the balance of my time. The Sergeant at Arms will notify ab- DeMint LaHood Ryan (WI) Diaz-Balart, L. Langevin Ryun (KS) f sent Members. Diaz-Balart, M. Lantos Sabo The vote was taken by electronic de- Dicks Larson (CT) Sanchez, Loretta RECESS vice, and there were—yeas 68, nays 346, Doolittle Latham Sanders Doyle LaTourette Saxton The SPEAKER pro tempore. Without not voting 20, as follows: Dreier Leach Schiff objection, the House stands in recess [Roll No. 585] Duncan Levin Schrock subject to the call of the Chair. YEAS—68 Dunn Lewis (CA) Scott (GA) There was no objection. Ehlers Lewis (KY) Sensenbrenner Ackerman Frank (MA) Meek (FL) Emanuel Linder Serrano Accordingly (at 1 o’clock and 40 min- Allen Frost Meeks (NY) Emerson Lipinski Sessions utes p.m.), the House stood in recess Baird Grijalva Miller, George Engel LoBiondo Shadegg subject to the call of the Chair. Baldwin Hastings (FL) Neal (MA) English Lofgren Shaw Ballance Hill Oberstar Eshoo Lucas (KY) Shays f Bell Hinchey Pallone Etheridge Lucas (OK) Sherman Berman Hinojosa Everett Lynch Sherwood 1500 Payne b Berry Honda Pelosi Farr Manzullo Shimkus Brown, Corrine Hoyer Pomeroy Fattah Marshall Shuster AFTER RECESS Capps Jefferson Rodriguez Feeney Matheson Simmons Capuano Johnson, E. B. The recess having expired, the House Sandlin Ferguson Matsui Simpson Carson (IN) Kennedy (RI) Flake McCarthy (MO) Skelton Schakowsky was called to order by the Speaker pro Clyburn Kleczka Foley McCarthy (NY) Smith (MI) Scott (VA) tempore (Mr. LAHOOD) at 3 p.m. Conyers Lampson Forbes McCollum Smith (NJ) Slaughter Cummings Larsen (WA) Ford McCrery Smith (TX) Solis f Davis (IL) Lee Fossella McHugh Smith (WA) Thompson (MS) WAIVING POINTS OF ORDER DeFazio Lewis (GA) Franks (AZ) McInnis Snyder DeLauro Lowey Tierney Frelinghuysen McKeon Souder AGAINST CONFERENCE REPORT Deutsch Maloney Towns Gallegly McNulty Spratt ON H.R. 3289, EMERGENCY SUP- Dingell Markey Velazquez Garrett (NJ) Meehan Stark PLEMENTAL APPROPRIATIONS Doggett McDermott Waters Gerlach Menendez Stearns Evans McGovern Wexler Gibbons Mica Stenholm ACT FOR DEFENSE AND FOR Filner McIntyre Woolsey Gilchrest Michaud Strickland THE RECONSTRUCTION OF IRAQ Gillmor Millender- Sullivan NAYS—346 AND AFGHANISTAN, 2004 Gingrey McDonald Sweeney Abercrombie Ballenger Bereuter Gonzalez Miller (FL) Tancredo Mr. HASTINGS of Washington, from Aderholt Barrett (SC) Berkley Goode Miller (MI) Tanner the Committee on Rules, submitted a Alexander Bartlett (MD) Biggert Goodlatte Miller, Gary Tauscher privileged report (Rept. No. 108–338) on Andrews Barton (TX) Bilirakis Gordon Mollohan Tauzin Baca Bass Bishop (GA) Goss Moore Taylor (MS) the resolution (H. Res. 424) waiving Bachus Beauprez Bishop (NY) Granger Moran (KS) Taylor (NC) points of order against the conference Baker Becerra Bishop (UT) Graves Moran (VA) Terry

VerDate jul 14 2003 03:05 Oct 31, 2003 Jkt 029060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K30OC7.055 H30PT1 October 30, 2003 CONGRESSIONAL RECORD — HOUSE H10171 Thompson (CA) Visclosky Whitfield NOT VOTING—20 b 1524 Thornberry Vitter Wicker Akin Fletcher Pearce Tiahrt Walden (OR) Wilson (NM) Bradley (NH) Gephardt Pickering Mr. LEWIS of Kentucky, Mrs. JOHN- Tiberi Walsh Wilson (SC) Case Gutierrez Sanchez, Linda SON of Connecticut and Mr. Toomey Watson Wolf Clay Majette T. Turner (OH) Watt Wu DeLay McCotter Stupak RUPPERSBERGER changed their vote Turner (TX) Waxman Wynn Dooley (CA) Miller (NC) Thomas from ‘‘yea’’ to ‘‘nay.’’ Udall (CO) Weiner Young (AK) Edwards Paul Wamp Udall (NM) Weldon (FL) Young (FL) So the motion to adjourn was re- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Upton Weldon (PA) jected. Van Hollen Weller The SPEAKER pro tempore (Mr. LAHOOD) (during the vote). Members The result of the vote was announced are advised there are 2 minutes to vote. as above recorded.

N O T I C E Incomplete record of House proceedings. Today’s House proceedings will be continued in the next issue of the Record.

VerDate jul 14 2003 03:05 Oct 31, 2003 Jkt 029060 PO 00000 Frm 00039 Fmt 7634 Sfmt 8633 E:\CR\FM\A30OC7.027 H30PT1 E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 108 CONGRESS, FIRST SESSION

Vol. 149 WASHINGTON, THURSDAY, OCTOBER 30, 2003 No. 155 Senate The Senate met at 9 a.m. and was the nominee to the Fifth Circuit Court RESERVATION OF LEADER TIME called to order by the President pro of Appeals, Judge Charles Pickering of The PRESIDENT pro tempore. Under tempore [Mr. STEVENS]. Mississippi. I believe we will be ready the previous order, the leadership time to begin with that momentarily. is reserved. PRAYER Mr. President, this morning we will f The Chaplain, Dr. Barry C. Black, of- be proceeding to the debate, as I just fered the following prayer: outlined, on the nomination of Charles EXECUTIVE SESSION Let us pray. Pickering to the Fifth Circuit Court of Appeals. There will be an hour of de- Majestic God, from whom we borrow NOMINATION OF CHARLES W. bate prior to the vote on invoking clo- heartbeats, Your mercies endure for- PICKERING, SR., OF MISSISSIPPI, ture on this nomination. The vote will ever. Today, we acknowledge our de- TO BE UNITED STATES CIRCUIT occur sometime shortly after 10 a.m. pendence on You. Lord, thank You for JUDGE FOR THE FIFTH CIRCUIT directing our steps and for protecting Following the vote, the Senate will our loved ones. When darkness over- return to debate on S. 139, the climate The PRESIDENT pro tempore. Under takes us, illuminate our path. change legislation. There will be 2 ad- the previous order, the Senate will pro- Let Your peace rest upon us today. ditional hours for debate prior to the ceed to executive session to consider Teach us to love wisdom and accept vote on that legislation. Calendar No. 400, which the clerk will Your guidance. Keep us from traps that Following the vote, the Senate will report. destroy our joy. Give us the humility resume consideration of the Healthy The legislative clerk read the nomi- that leads to honor and let Your jus- Forests bill. We expect to have rollcall nation of Charles W. Pickering, Sr., of tice reign in the Earth. votes on amendments to that bill Mississippi, to be United States Circuit Guide our Senators, cheer them in throughout the afternoon and hope- Judge for the Fifth Circuit. their work, and keep them faithful to fully we can complete action on the The PRESIDENT pro tempore. Under the end. Thwart the hopes of our Na- bill today. It sounds to me as if those the previous order, there will be 60 tion’s enemies and bless those who involved in that legislation made real minutes equally divided between the each day risk their lives for liberty. We progress on the bill. It would be very chairman and ranking member, with pray this in Your holy name. Amen. positive if we could complete that ac- the final 10 minutes divided, with the first 5 minutes under the control of the f tion today. Democratic leader or his designee and PLEDGE OF ALLEGIANCE f the final 5 minutes under the control of The PRESIDENT pro tempore led the the majority leader or his designee. Pledge of Allegiance, as follows: The Senator from Utah. RECOGNITION OF THE ACTING Mr. HATCH. Mr. President, I rise I pledge allegiance to the Flag of the MINORITY LEADER United States of America, and to the Repub- today in support of the nomination lic for which it stands, one nation under God, The PRESIDENT pro tempore. The Charles W. Pickering, Sr. to be a Cir- indivisible, with liberty and justice for all. acting minority leader is recognized. cuit Judge on the United States Court f Mr. REID. Mr. President, as has been of Appeals for the Fifth Circuit. I am indicated by Senator LOTT, we have a pleased that the Majority Leader has RECOGNITION OF ACTING lot to do today. There are a lot of dif- brought this nomination to the floor, MAJORITY LEADER ferent balls in the air regarding this as it has been nearly 21⁄2 years since The PRESIDENT pro tempore. The Senate. I think we have them all where Judge Pickering was first nominated to acting majority leader is recognized. we can balance them quite well. We this position. Since then, his record f have, as the Presiding Officer knows, a has been carefully considered. He ap- conference report that has been com- peared before the Judiciary Committee SCHEDULE pleted after 2 long, hard days, the sup- in not one, but two lengthy hearings. Mr. LOTT. Mr. President, we will plemental. We are making progress; So there has been plenty of oppor- have the opening statement from the the Interior appropriations bill has tunity to consider the qualifications of leader ready in a moment. He has been been done. I am hopeful we can finish Judge Pickering. detained, but he will be here. I will re- the Energy and Water appropriations We have received hundreds of letters view the schedule. bill. So things are moving along quite of support for Judge Pickering from I do believe the first schedule of well. I hope we can continue our mo- the public, members of the bar, as well events would be statements regarding mentum. as political, academic, and religious

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

S13535

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The overwhelming support for Pickering’s integrity, competence, and political views are less important than Judge Pickering’s nomination from his temperament, the American Bar Asso- his expressed commitment to follow home state of Mississippi speaks vol- ciation gave him its highest rating of Supreme Court precedent, even prece- umes, especially since that support ‘‘Well Qualified’’ not once, but twice— dents with which he may not agree. comes from across the political spec- both when he was first nominated in It is outrageous that Judge Pick- trum and from various racial and eth- May 2001 and again at the outset of the ering, who has three daughters and nic groups. current Congress. nine granddaughters, has been smeared Last month, the Governor of Mis- Now I expect we will hear complaints as a ‘‘woman-hater’’ or ‘‘anti-woman.’’ sissippi and the other Democratic from the other side that this nomina- Indeed, numerous women who know elected statewide officials of Mis- tion should not be before the Senate. and have worked with Judge Pickering sissippi sent a letter endorsing Judge There are those who say the President have endorsed his nomination, includ- Pickering stating they believe he should not have renominated Judge ing civil rights attorney Deborah should be confirmed. In that letter Pickering, since the Judiciary Com- Gambrell, and Deputy U.S. Marshal they noted that Judge Pickering has mittee had already acted on the nomi- Melanie Rube. worked for racial reconciliation and nation. That position, of course, ig- Unlike some of my friends on the ‘‘helped unify our communities.’’ They nores the President’s constitutional other side of the aisle, I have stead- go on to state, ‘‘Judge Pickering’s authority to nominate judges. And the fastly resisted efforts to inject personal record demonstrates his commitment extraordinary action taken by the Ju- ideology into the confirmation process. to equal protection, equal rights and diciary Committee in the last Congress We have all seen the destructive effects fairness for all. His values demand he denied the full Senate its constitu- of such tactics on this institution, on respect the law and constitutional tional right to advise and consent. the judicial nominations process, and precedents and rule accordingly. He Going forward with this nomination on the nominees themselves. So as we does. . . . As a judge, he is consistent today is fair to Judge Pickering, fair to debate the qualifications of Judge in his fairness to everyone, and deemed the Senate, and fair to President Bush. Pickering, and as his record is fairly evaluated on the merits, there can be well qualified by those who independ- In addition to these procedural com- little doubt that he deserves the sup- ently review his rulings, temperament, plaints, we have heard and will likely continue to hear a recycling of the port of every Member of the Senate. and work.’’ Let me step back from the politics of Unfortunately, there has also been an tired arguments and well-worn parade this nomination for a minute and talk unjustified campaign against Judge of horribles—which are horrible in about the person. Too often, I fear, we Pickering, driven largely by Wash- large part because of their gross distor- Senators get engaged in the issues to ington special interest groups who do tion of Judge Pickering’s upstanding such an extent that the personal side of not know Judge Pickering and who reputation and record. It is my fervent individual nominees might be forgot- have an ideological axe to grind. Make hope that opponents of this nomination ten. By many opponents, Charles Pick- no mistake about it—these groups’ po- do not resort to attacks on Judge Pick- ering is portrayed as the stereotype of ering based on his personal convictions litical agenda is to paint President the Southern white male, locked in the in an effort to justify their opposition Bush’s fair and qualified nominees as thought, culture and traditions of his to his nomination. However, I am not extremists in order to keep them off upbringing in the deep South of yester- optimistic that my hopes will be real- the federal bench. It has been reported year. This is the caricature they at- ized, if the unfortunate attack by the that a member of this body has accused tack, but it is not the reality of who extremist abortion group, NARAL, the the President of ‘‘loading up the judici- Judge Pickering is. Though born and National Abortion Rights Action ary with right-wingers who want to raised in the rural South, and although League, is any indication. That group, turn the clock back to the 1890s,’’ stat- he has remained geographically near ing that America is under attack from which represents what this debate is his childhood home, Judge Pickering ‘‘the hard right, the mean people.’’ truly about, states ‘‘Charles Pickering has traveled far in his personal and That news report also quoted that of Mississippi was a founding father of professional life. And while the society same Senator as having said, ‘‘They the anti-choice movement, and a clear of his youth has changed dramatically, have this sort of little patina of philos- risk to substitute far-right ideology for in Charles Pickering we have a nomi- ophy but underneath it all is meanness, common-sense interpretation of the nee with a lifetime record of civic and selfishness and narrow-mindedness.’’ law.’’ community service in improving racial I reject that characterization, but in Now, I am disappointed that this is relations and enforcing laws protecting the level of discourse that Members of any event Judge Pickering’s private civil and constitutional rights. this body lower themselves to in their views on abortion, like any judicial Judge Pickering’s life story includes attempt to score political points or nominee’s personal views on political an outstanding academic record, an ex- pander to their supporters. That is issues, are irrelevant to the confirma- ceptional legal career and a life com- their right, if they choose to do so, but tion decision. Judge Pickering has pub- mitted to serving others. He graduated it is unfortunate that the opponents of licly affirmed in his confirmation hear- first in his law school class at the Uni- Judge Pickering have attempted to ings that he will follow established law versity of Mississippi in 1961. While in vilify and destroy his good character and Supreme Court precedents—even law school, he was on the Law Journal and exemplary record with distortions those with which he disagrees. His and served as Chairman of the Moot and disparaging remarks. For example, record as a jurist demonstrates his Court Board. Upon graduating, he beat a recent press event in Arkansas op- commitment to the rule of law and came a partner in a law firm in Mis- ponents continued their smear cam- that he understands that all lower sissippi. paign, with one group describing Judge courts, including the 5th Circuit, are In the 1960s, when racial tensions Pickering as a ‘‘racist,’’ a ‘‘bigot’’ and bound by Roe and by the more recent were prevalent throughout Mississippi, a ‘‘woman-hater.’’ Such remarks reveal Supreme Court decision in Planned Judge Pickering served as City Pros- which side is based on meanness. Parenthood v. Casey. ecuting Attorney of Laurel and was So today I must stand and defend the For the record, in 1976, then-political elected and served four years as County character and record of Judge Pick- advocate Charles Pickering joined a Prosecuting Attorney of Jones County. ering and put these falsehoods, distor- long line of famous Democrats and lib- He condemned racially motivated vio- tions and mean-spirited remarks in the erals who believed that Roe v. Wade lence and encouraged citizens to help trash bin where they belong. was wrongly decided. Some who shared the government prosecute those guilty I was pleased that, despite this in- his view include Byron White, Presi- of such violence. As County Attorney timidation campaign, President Bush dent Kennedy’s appointee to the Su- from 1964 to 1968, he assisted the FBI in in January of this year renominated preme Court, Archibald Cox, the spe- investigating and prosecuting the Judge Pickering for the Fifth Circuit. cial prosecutor who investigated Presi- Klan’s attacks on African Americans The propaganda easily gets in the way, dent Nixon, and Professor William Van and civil rights workers. so let me remind my colleagues that Allstyne, a former board member of the During his time as County Attorney, after fully evaluating Judge ACLU. But I repeat—Judge Pickering’s the KKK infiltrated the Woodworkers

VerDate Mar 15 2010 22:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\2003SENATE\S30OC3.REC S30OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 30, 2003 CONGRESSIONAL RECORD — SENATE S13537 Union at the Masonite pulpwood plant would want to decide matters that prosecute Sam Bowers who planned the in Jones County. Klan members beat would personally affect me or my fam- bombing. Sincerely, I.A. Rosenbaum.’’ people, shot into houses, fire bombed ily. While Judge Pickering and I are All of these letters, of course, were homes, and even committed a murder members of different political parties generated in response to the gross at the Masonite plant. Judge Pickering and do not hold to the same view on smear campaign waged against Judge signed the affidavit supporting the many public issues, I have always re- Pickering that centered largely on his murder indictment of reputed Klans- spected his fairness, objectivity, and actions in the Swan case. I expect that man Dubie Lee for the murder at the decency.’’ we will hear a great deal about that Masonite plant. He also testified Many Senators are familiar with the case during the course of this debate. against the Imperial Wizard of the name Jorge Rangel, who was nomi- But let me make something perfectly KKK, Sam Bowers, at a trial for the nated to the Fifth Circuit by President clear to everyone here. Judge firebombing death of a civil rights ac- Clinton. In his letter supporting Judge Pickering’s actions in the Swan case tivist, indisputably putting himself and Pickering’s nomination, Mr. Rangel ex- had absolutely nothing to do with ra- his family at risk. plains, ‘‘I first met Judge Pickering in cial insensitivity. His lifetime of striv- Now some may downplay Judge 1990 in my capacity as a member of the ing to promote racial reconciliation Pickering’s actions during this era, but ABA’s Standing Committee on the Fed- and fighting prejudice provides irref- I want to emphasize the moral courage eral Judiciary. As the Fifth Circuit’s utable evidence of that. Rather, Judge that he consistently displayed. Let me representative on the Committee, I Pickering’s actions in the Swan case remind my colleagues of a statement conducted the primary investigation had everything to do with his penchant by the chairman of the Mississippi Leg- into his professional qualifications for going easy on first-time criminal islative Black Caucus, state Rep. Phil- when he was nominated to a federal defendants. ip West, who is a supporter of Judge district judgeship in Mississippi. The Judge Pickering’s record is replete Pickering and has defended the judge’s Charles W. Pickering that I have read with examples where he has seen the civil right’s record. Representative about in press reports during the pend- rehabilitative potential of first-time West observed, ‘‘For him to say one ency of his current nomination does offenders and accordingly sentenced word against the Klan was risking his not comport with the Charles W. Pick- them to lighter sentences. Take, for ex- life.’’ Mr. President, to hear Judge ering that I have come to know in the ample, the case of a 20-year-old Afri- Pickering now described as a racist or last thirteen years. Competent, com- can-American drug defendant who bigot is simply despicable, and I will passionate, sensitive and free from bias faced a 5-year mandatory minimum. challenge anybody who does that on are terms that aptly describe him. At- Judge Pickering reduced that to 30 this floor. tempts to demonize him are both un- months and recommended the defend- Throughout his career Judge Pick- fair and out of place in a judicial con- ant be allowed to participate in an in- ering has shown a commitment to his firmation proceeding.’’ Mr. Rangel tensive confinement program, further community in both a professional and notes that Judge Pickering called him reducing his sentence. personal capacity. His numerous civic during the pendency of his own nomi- Another young African-American contributions include serving as the nation with words of encouragement, drug defendant with no previous felony head of the March of Dimes campaign and concludes, ‘‘The current impasse in convictions faced a 40-month sentence in Jones County; as the chairman of the confirmation proceedings is an un- under the Sentencing Guidelines. the Jones County Chapter of the Amer- fortunate one, because it continues to Judge Pickering continued his case for ican National Red Cross; and as the ensnare many nominees of goodwill a year, placed him under strict super- chairman of the Jones County Heart who have answered the call to serve. vised home release for 1 year, and then Fund. In 1963 he was recognized as one For their sake and for the ongoing vi- used his good conduct during home re- of the three Outstanding Young Men in tality of our federal judiciary, I would lease to establish the basis for a down- Mississippi. Judge Pickering is active hope that you and your colleagues can ward departure. Judge Pickering ulti- in his church and has served many find common ground. A good starting mately sentenced him to 6 months of years as a Sunday school teacher, as point would be the confirmation of home confinement, 5 years probation chairman of the deacons, Sunday Judge Pickering.’’ and no prison time. school superintendent, and church Yet another letter of support came A third 20-year-old African-American treasurer. from renowned Las Vegas criminal de- male faced between 70 and 87 months He has worked with organizations to fense lawyer David Chesnoff, a reg- under the guidelines for a drug crime. advance issues that promote equal op- istered Democrat who serves on the Judge Pickering downward departed to portunity for all individuals in his Board of the National Association of 48 months and recommended that he community, church, political party and Criminal Defense Lawyers. Mr. participate in intensive confinement, State. His work with the race relations Chesnoff, who tried a case before Judge which further reduced his sentence. committee for Jones County and the Pickering, writes, ‘‘At no time during The defendant’s lawyer called Judge Institute of Racial Reconciliation at my experience before Judge Pickering’s compassionate sentence a the University of Mississippi are just Pickering... did I ever note even a ‘‘life changing experience’’ for this de- two examples of his leadership for scintilla of evidence that Judge Pick- fendant. equal rights in this area. That is why ering did not treat every citizen of our In another case, an African-American we find such a broad outpouring of sup- great country with equal fairness and woman faced a minimum sentence of port for Judge Pickering across all consideration. Based on my experience 188 months. The government made a groups and political parties. Allow me with Judge Pickering, I am offended motion for a downward departure, and to share some of these editorials, arti- that people are attacking his sterling Judge Pickering continued the case six cles, and letters with my colleagues. character. I felt it important to reg- times over a period of 21⁄2 years to I have already mentioned the letter ister my position on his behalf and be- allow the prosecution to develop a of support from the current Governor lieve he would make an outstanding basis for a further downward departure. of Mississippi and other Democratic addition to the United States Court of In the end, Judge Pickering reduced statewide officials. Another letter Appeals for the Fifth Circuit. . . .’’ her sentence by more than half, sen- came from William Winter, the former I.A. Rosenbaum also wrote to voice tencing her to 63 months. Democratic Governor of Mississippi, his support for Judge Pickering. I will The last case I want to discuss is the who writes, ‘‘I have known Judge Pick- read his letter in its entirety: ‘‘I was Barnett case. The Barnetts, an inter- ering personally and professionally for the Democratic Mayor of Meridian racial couple, were both before Judge all his adult life. I am convinced that [Mississippi] from 1977 to 1985 and a Pickering, charged with drug crimes. he possesses the intellect, the integrity past President of Congregation Beth Both were facing sentences between 120 and the temperament to serve with dis- Israel. Injustice and character assas- to 150 months but plea bargained with tinction on that [Fifth Circuit] court. sination galls me. Charles Pickering is the government for a maximum 5-year He is wise, compassionate and fair, and no racist. He stood tall when our Tem- sentence. Judge Pickering sentenced he is precisely the kind of judge that I ple was bombed and made very effort to Mr. Barnett to the 5 years but with

VerDate Mar 15 2010 22:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\2003SENATE\S30OC3.REC S30OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13538 CONGRESSIONAL RECORD — SENATE October 30, 2003 Mrs. Barnett, who had Crohn’s disease been the same regardless of whether I am not the only one who is con- and was taking care of one of her sick the nominee was appointed by a Demo- cerned about the dangerous precedents children, he departed downward 22 lev- cratic president or a Republican presi- that some Democrats have established. els and sentenced her to 12 months of dent. I am proud to say that during my Before Miguel Estrada, the filibuster home confinement. At a later time, the nearly 30 years in the Senate, I have was never used to defeat a circuit court government made a motion for a down- never voted against cloture for a judi- nominee. The Washington Post—hardly ward departure for Mr. Barnett and cial nominee, even on the rare occasion a bastion of conservatism—warned in a Judge Pickering reduced his sentence that I opposed a judicial nomination February 5, 2003, editorial that staging as well. Mrs. Barnett later wrote a let- and ultimately voted against it. a filibuster against a judicial nominee ter, as she said, out of gratitude for all Yet, once again, some Senate Demo- would be ‘‘a dramatic escalation of the Judge Pickering did for her and her crats are filibustering another ‘‘Well judicial nomination wars.’’ The Post family. She stated she had learned a Qualified’’ nominee—preventing an up- urged Democrats to ‘‘stand down’’ on valuable lesson, that her family had or-down vote on this judge who is sup- any attempt to deny a vote on the par- been brought closer together, and that ported by a majority of the Senate. ticular judicial nominee, Miguel her husband had changed in many posi- This is tyranny of the minority and it Estrada. The editorial went on to warn tive ways. She concluded, ‘‘I want to is unfair. Senator KENNEDY has asked that ‘‘a world in which filibusters serve thank you for your part in all of this, ‘‘What’s the point of pushing yet again as an active instrument of nomination and I can assure you that your for a nominee who probably cannot get politics is not one either party should thoughtfulness and just consideration enough support to be confirmed be- want.’’ Unfortunately, this advice was is greatly appreciated and will never be cause he doesn’t deserve to be con- rejected and the Senate was forced to forgotten.’’ firmed?’’ With all due respect, I must endure an unprecedented seven cloture Thirteen years ago Judge Pickering disagree with the premise of his ques- votes before Mr. Estrada requested his began his service as a U.S. District tion. Judge Pickering does deserve to nomination be withdrawn. That was a Judge. He was unanimously confirmed be confirmed, and, if an up-or-down sad day for the Senate—one I hope is by the U.S. Senate, which included a vote were allowed, does have enough never repeated. good number of members who are still support to be confirmed. Similarly, the Wall Street Journal, serving in the Senate today, including As I have stated before, requiring a on February 6, 2003 stated ‘‘Filibusters 25 members of the Democratic caucus. supermajority vote on this or any judi- against judges are almost unheard of. That affirmative vote was well de- cial nominee thwarts the Senate from . . . If Republicans let Democrats get served given Judge Pickering’s excel- exercising its constitutional duty of away with this abuse of the system advise and consent. The Constitution is lent academic record, his distinguished now, it will happen again and again.’’ clear on this matter; it contemplates legal career, his outstanding character, Unfortunately, that prediction came that a vote by a simple majority of the and his superb record of public and true, as the Senate is now blocked from Senate will determine the fate of a ju- community service. That record has acting on numerous judicial nominees dicial nominee. There is nothing in the only been enhanced by his service on because of filibusters. Constitution that gives that power to a But it is not just editorial pages the bench. minority of 41 Senators. which have denounced the use of the Judge Pickering deserves an up or Furthermore, a supermajority re- down vote on the Senate floor. So I filibuster. In fact, some of my Demo- quirement for judicial nominees need- cratic colleagues have expressed simi- urge my colleagues to use proper lessly injects even more politics into standards, consider the entire record, lar views. For example, Senator the already over-politicized confirma- DASCHLE, the Democratic Leader stat- and use a fair process for considering tion process. I believe that there are ed: ‘‘As Chief Justice Rehnquist has Judge Pickering’s nomination. Those certain areas that should be designated recognized: ’The Senate is surely under who know him best, Democrats and Re- as off-limits from political activity. no obligation to confirm any particular publicans, representing a broad cross The Senate’s role in confirming life- nominee, but after the necessary time section of citizens, endorse his nomina- time-appointed Article III judges—and for inquiry it should vote him up or tion. An unbiased consideration of the underlying principle that the Sen- vote him down.’ An up or down vote, Judge Pickering’s character and expe- ate perform that role through the ma- that is all we ask. . . .’’ rience will lead every fair-minded per- jority vote of its members—is one such Similarly, Senator LEAHY, my friend, son that Judge Pickering’s record fully issue. Nothing less depends on the rec- colleague, and ranking member of the justifies his confirmation to the Fifth ognition of these principles than the Judiciary Committee said ‘‘. . . I, too, Circuit Court of Appeals. continued, untarnished respect in do not want to see the Senate go down As the President said recently, ‘‘The which we hold our third branch of Gov- a path where a minority of the Senate United States Senate must step up to ernment—the one branch of Govern- is determining a judge’s fate on votes serious constitutional responsibilities. ment intended to be above political in- of 41.’’ And Senator KENNEDY, the sen- I’ve nominated many distinguished and fluence. ior member on the Judiciary Com- highly-qualified Americans to fill va- Over the past 2 years I have been ac- mittee stated, ‘‘Nominees deserve a cancies on the federal, district and cir- cused of changing or breaking com- vote. If our Republican colleagues cuit courts. Because a small group of mittee rules and of pushing ideological don’t like them, vote against them. Senators is willfully obstructing the nominees. The record will show that But don’t just sit on them—that’s ob- process, some of these nominees have these charges are without foundation. struction of justice.’’ been denied up or down votes for In fact, it is Senate Democrats that I hope that Judge Pickering’s nomi- months, even years. More than one- have pushed the notion of injecting ide- nation is not another example of a dou- third of my nominees for the circuit ology into the confirmation process ble standard or a strategy of some of courts are still awaiting a vote. The and have taken unprecedented steps to my Democratic colleagues to change needless delays in the system are oppose judicial nominees. the ground rules on judicial nominees. harming the administration of justice Opponents are using a variety of tac- I hope that my Democratic colleagues and they are deeply unfair to the nomi- tics to obstruct President Bush’s judi- will exercise the same independence nees, themselves. The Senate Judiciary cial nominees. Supported by the ex- that I did when I joined them to invoke Committee should give a prompt and tremist liberal interest groups, who cloture on the nominations of Clinton fair hearing to every single nominee, themselves use even more shameful judicial nominees. Judge Pickering de- and send every nomination to the Sen- tactics to defeat these nominees, we serves an up-or-down vote, and he de- ate floor for an up or down vote.’’ have seen opponents distort the record, serves to be confirmed. I agree with President Bush that this make unreasonable demands for privi- Mr. President, there are so many obstruction is unfair and harmful. I leged information, and force multiple other things I could say, but I want to have taken to the Senate floor on nu- cloture votes. This is all part of the leave enough time for our Mississippi merous occasions to condemn the tac- strategy of changing the ground rules Senators. tic of forcing judicial nominees on judicial nominations that Senate Let me just say this. I know Judge through cloture votes. My position has Democrats have implemented. Pickering. I have gotten to know him

VerDate Mar 15 2010 22:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\2003SENATE\S30OC3.REC S30OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 30, 2003 CONGRESSIONAL RECORD — SENATE S13539 better through this ordeal he has gone tion of the Honorable Charles Pickering of slips. That never happened. To this day, I through over the last 21⁄2 years than I Mississippi for a position on the Fifth Cir- very much appreciate the fact that Judge ever thought I would. He is a fine man. cuit Court of Appeals. Pickering reached out to me and offered to As a former Democratic Governor of Mis- His family is a fine family. He sent his help at a time when my pleas for a hearing sissippi and as a long-time colleague of had fallen on deaf ears. kids to integrated schools—the first in- Judge Pickering in the legal profession and The current impasse in the confirmation tegrated schools in Mississippi they in the public service, I can vouch for him as proceedings is an unfortunate one, because it could go to. One of them now sits in one of our state’s most respected leaders. continues to ensure many nominees of good- the Congress, CHIP PICKERING, who is While he and I have not always been in will who have answered the call to serve. For one of the fine Congress people here, agreement on certain public issues, I know their sake and for the ongoing vitality of our and everybody who knows him knows that he is a man of reason and sound judg- federal judiciary, I would hope that you and it. ment. He is certainly no right-wing ideo- your colleagues can find common ground. A What they have done to him is awful. logue. He will bring a fair, open and percep- good starting point would be the confirma- tive mind to the consideration of all issues tion of Judge Pickering. It is awful. I think it is time for the before the court. Thank you. Democrats to break free from these I have been particularly impressed with his Yours truly, rotten outside groups that just play commitment to racial justice and equity. He JORGE C. RANGEL. politics on everything and bring every- and I have worked together for a number of thing down to the issue of abortion. years in the advancement of racial reconcili- GOODMAN & CHESNOFF, I ask unanimous consent relevant ation, and we serve together on the board of Las Vegas, NV, January 16, 2003. material be printed in the RECORD. the Institute for Racial Reconciliation at the Re the Honorable Judge Charles W. Pick- There being no objection, the mate- University of Mississippi. He has been one of ering, Sr.’s nomination to the United rial was ordered to be printed in the this state’s most dedicated and effective States Court of Appeals for the 5th Cir- voices for breaking down racial barriers. cuit. RECORD, as follows: Judge Pickering has demonstrated in every Chairman ORRIN HATCH, WATKINS LUDLAM WINTER position of leadership which he has held a Committee on the Judiciary, U.S. Senate, & STENNIS, P.A., firm commitment to the maintenance of a Dirksen Building, Washington, DC. Jackson, MS, May 14, 2003. just society. I believe that he will reflect DEAR CHAIRMAN HATCH: I had the pleasure Hon. ORRIN G. HATCH, those values as a member of the Fifth Cir- of meeting with you when my partner Las Chairman, Judiciary Committee, U.S. Senate, cuit Court of Appeals, and I commend him to Vegas Mayor, Oscar B. Goodman and I rep- Dirksen Senate Office Building, Wash- you as one who in my opinion will be a wor- resented former United States District Court ington, DC. thy addition to that body. Judge Harry Chaiborne, in his impeachment DEAR MR. CHAIRMAN: I take this oppor- Sincerely, proceeding in the United States Senate. I re- tunity to express my support of Judge WILLIAM F. WINTER. member your open-mindedness and fairness Charles Pickering of Mississippi for service in considering our case. on the Fifth Circuit Court of Appeals. THE RANGEL LAW FIRM, P.C., I am presently on the Board of the Na- I have known Judge Pickering personally Corpus Christi, TX, April 1, 2003. tional Association of Criminal Defense Law- and professionally for all of his adult life. I Hon. ORRIN G. HATCH, yers and a registered Democrat. I have been am convinced that he possesses the intellect, Chairman, Committee on the Judiciary, U.S. a financial supporter for the election of the integrity and the temperament to serve Senate, Hart Office Building, Washington, President William Jefferson Clinton and a with distinction on that court. He is wise, DC. compassionate and fair, and he is precisely contributor to the campaign of Vice-Presi- Hon. PATRICK LEAHY, the kind of judge that I would want to decide dent Albert Gore, when he ran for President. Ranking Member, Committee on the Judiciary, matters that would personally affect me or I have been an aggressive advocate on the U.S. Senate, Russell Senate Office Building, my family. part of citizens accused of crimes and have While Judge Pickering and I are members Washington, DC. appeared in criminal proceedings in thirty of DEAR SENATORS HATCH AND LEAHY: I write of different political parties and do not hold our fifty states. this letter to urge approval of Judge Charles to the same view of many public issues, I I had the privilege and pleasure of meeting W. Pickering, Sr.’s nomination to the United have always respected his fairness, objec- Judge Pickering several years ago when I States Court of Appeals for the Fifth Circuit. was hired by the former mayor of Biloxi, tivity and decency. I first met Judge Pickering in 1990 in my He was a member of the Mississippi State Mississippi, Peter J. Halet to represent him capacity as a member of the ABA’s Standing Senate when, as Lieutenant Governor, I pre- in a very complex and high profile federal Committee on the Federal Judiciary. As the sided over that body. I found him to be one trial assigned to Judge Pickering in the of the most diligent, hardest working and Fifth Circuit’s representative on the Com- United States District Court in Hattiesburg, most respected legislators with whom I mittee, I conducted the primary investiga- Mississippi. served. tion into his professional qualifications when The case was quite celebrated and the alle- I would single out for special commenda- he was nominated to a federal district judge- gations were of the most serious nature. tion his sensitivity and concern in the area ship in Mississippi. I spent many hours dis- There were complicated legal questions and of race relations. I had the privilege of serv- cussing his qualifications with judges, law- difficult human dynamics. Needless to say, ing as a member of President Clinton’s Na- yers and lay people throughout the state. I the emotions ran high in the local commu- tional Advisory Board Race several years also interviewed Judge Pickering, during nity as well as among the participants. Hav- ago. One of the impressive initiatives that which we touched on matters relevant to his ing arrived in Judge Pickering’s courtroom resulted from the work of that Board was the qualifications to serve as a federal judge. from across the country, I did not know what establishment of the Institute for Racial The Charles W. Pickering that I have read to expect in terms of my reception. Reconciliation at the University of Mis- about in press reports during the pendency of Sufficed to say, from day-one Judge Pick- sissippi. his current nomination does not comport ering treated all of the lawyers I brought Becasue of his long-standing commitment with the Charles W. Pickering that I have with me to assist in the process, my jury ex- to the cause of racial equity and racial rec- come to know in the last thirteen years. pert and myself with courtesy and patience. onciliation, Judge Pickering was a leader in Competent, compassionate, sensitive and Certain tactics and techniques that we uti- the formation of the Institute and served as free from bias are terms that aptly describe lized may not have been used by other law- a founding member of its Advisory Board. him. Throughout his professional career as a yers appearing before Judge Pickering in As a member of the Mississippi Bar for lawyer and as a judge, Judge Pickering has earlier cases, but he kept an open mind, lis- over fifty years and a former Governor of tried to do what he thought was right, con- tened to our position and gave me as fair a Mississippi, I am pleased to vouch for Judge sistent with his oaths as an officer of the trial as I have received in any United States Pickering as being most worthy of confirma- court and as a judge. Attempts to demonize District Court, anytime. tion as a judge of the Fifth Circuit Court of him are both unfair and out of place in a ju- Judge Pickering had a grasp of the dif- Appeals. dicial confirmation proceeding. ficult legal issues and addressed the case Sincerely, On a more personal note, I still remember with objectivity and fairness. At no time WILLIAM F. WINTER. the words of encouragement I received from during my experience before Judge Pick- Judge Pickering while my own nomination ering, including the jury selection process, WATKINS LUDLAM WINTER to the Fifth Circuit was pending before the did I ever note even a scintilla of evidence & STENNIS, P.A., Judiciary Committee. On one occasion, that Judge Pickering did not treat every cit- Jackson, MS, October 25, 2001. Judge Pickering called me and graciously of- izen of our great country with equal fairness Hon. PATRICK J. LEAHY, fered to contact Senator Lott’s office to see and consideration. Based on my experience Chairman, Judiciary Committee, U.S. Senate, if anything could be done to secure a hearing with Judge Pickering, I am offended that Dirksen Senate Office Building, Wash- for my nomination. The word came back people are attacking his sterling character. I ington, DC. that Senator Lott was willing to help, but felt it important to register my position on DEAR MR. CHAIRMAN: Please permit me to the process could not go forward until my his behalf and believe he would make an out- express to you my support for the confirma- home state senators returned their blue standing addition to the United States Court

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The American Bar Asso- Hattiesburg, MS. taking the bench and have seen him advo- ciation has deemed him ‘‘well qualified.’’ Re the Appointment of Charles Pickering. cate the rights of the poor and those For these reasons, I strongly endorse his confirmation to the Court of Appeals for the Hon. PATRICK LEAHY, disenfranchised by the system. Over the past Chairman Senate Judiciary Committee, U.S. 11 years, I have seen him bring the same pas- Fifth Circuit. Senate, Dirksen Office Building, Wash- sion for fairness and equity to the federal Respectfully, ington, DC. bench. JACK F. DUNBAR. Though I personally hate to see him leave DEAR SIR: I write in support of the appointment of United States Judge Charles W. the Southern District, I am proud to say THE RILEY FOUNDATION, Pickering, III to the Fifth Circuit Court of that his honesty, integrity and sense of fair Meridian, MS, May 22, 2003. Appeals. Charles Pickering is an able, out- play would make him an excellent candidate Hon. ORRIN HATCH, standing and fair minded judge. I could not for the Fifth Circuit Court of Appeals. Chairman, Senate Judiciary Committee, Senate conceive that he would exhibit gender bias Sincerely, Dirksen Office Building, Washington, DC. DEAR SENATOR HATCH: I was the Demo- toward women inside or outside a court of DEBORAH JONES GAMBRELL. cratic Mayor of Meridian from 1977 to 1985 law. and a past President of Congregation Beth As an African American I have personal HATTIESBURG, MS, Israel. knowledge and experience of his efforts to October 25, 2001. Injustice and character assassination galls heal the wounds of racial prejudice, and to Hon. PATRICK J. LEAHY, me. Charles Pickering is no racist. He stood resolve conflicts between the races in our Chairman, Committee on the Judiciary, U.S. tall when our Temple was bombed and made state. As someone who experiences racial Senate, Dirksen Office Building, Wash- every effort to prosecute Sam Bowers who prejudice, both open and subtle, I can only ington, DC. DEAR SENATOR LEAHY: I am writing to urge planned the bombing. say that my admiration for Judge Pickering you to confirm Judge Charles Pickering as a Sincerely, is immense. Fifth Circuit Court of Appeals Judge. I have I. A. ROSENBAUM. I sincerely appreciate all the efforts made had the privilege of working in Judge by you and your committee in order to in- Pickering’s courtroom for the past two years WILLIAM HAROLD JONES, sure fairness in our federal judiciary. I urge as a Deputy United States Marshal. Petal, MS, October 25, 2001. you and your fellow committee members to Judge Pickering brings honor and compas- Re Charles Pickering, United States District recognize diverse opinions of persons, such as sion to the bench. His courtroom is truly a Court of Appeals Nominee. myself, who function and work at ground center of justice and fairness for men and Hon. PATRICK J. LEAHY, level in our local communities. women of every race and religion. As a Dep- Thank you for your time and consider- Chairman, Committee on the Judiciary, U.S. uty U.S. Marshal, I have been present for ation. Senate, Dirksen Office Building, Wash- most of his courtroom sessions. I am always Sincerely, ington, DC. impressed by Judge Pickering’s rulings and JOHNNY L. WILLIAMS. DEAR SENATOR LEAHY: I have known opinions. He puts his heart and soul into pre- Charles Pickering for probably 20 years or paring each case. DEBORAH JONES GAMBRELL more. He served as a Senator from a nearby I am overwhelmed at the compassion that county in the Mississippi Legislature, and I & ASSOCIATES, Judge Pickering shows each and every de- Hattiesburg, MS, October 25, 2001. served in the House of Representatives my- fendant. He truly cares for the welfare of self for 13 years. I have practiced in his Court Re Judge Charles Pickering; Nominee: Fifth these defendants and their families. I believe Circuit Court of Appeals. on many occasions throughout the last 12 or it grieves him to see mothers and fathers 13 years and I can only say this is the most Hon. PATRICK J. LEAHY, separated from their loved ones. As a man of fair Judge before whom I have ever appeared. Chairman, Committee on the Judiciary, U.S. great conviction, I know that Judge Pick- Not only is he fair, he wants to be fair to all Senate, Dirksen Office Building, Wash- ering would make a positive impact on the parties. I have never known of any indiffer- ington, DC. Fifth Circuit. ence or prejudice that he has shown against DEAR SENATOR LEAHY: A few days ago I ran As a Deputy U.S. Marshal, I am proud to blacks or women and in my own humble into Judge Pickering at lunch and congratu- serve under a man who personifies justice. opinion, it is regrettable that he has been ac- lated him on his being selected for an ap- As a citizen of the United States, I am glad cused of such. pointment to the Fifth Circuit Court of Ap- to know that in times like these, we have I presently serve as Chairman of the For- peals. I thereafter learned of opposition to Judge Charles Pickering in the position to rest County Democratic Executive Com- his appointment and felt compelled to write maintain dignity and responsibility in our mittee and although Charles was prior to his this letter. courtroom. As a woman, I am pleased at the judicial service, a Republican, I do not hesi- As an African American attorney who thought that we will have Judge Pickering tate to signify to any person that he is fair practices in the federal courts of the South- looking out for the rights of women and chil- and impartial, and has been so even to my- ern District of Mississippi, where Judge dren from the beach of the Fifth Circuit self, a Democrat. Pickering has sat for the past eleven (11) Court of Appeals. Very sincerely yours, years, I am concerned that he has come Sincerely, WILLIAM H. JONES. under scrutiny. I have appeared before Judge MELANIE RUBE. Pickering on numerous occasions during the Mr. HATCH. Mr. President, I reserve past eleven (11) years, most often than not, HOLCOMB DUNBAR, the remainder of my time. I am happy in cases involving violations of civil rights Oxford, MS, October 25, 2001. to yield whatever time the distin- and employment discrimination matters. I Re U.S. District Judge Charles Pickering. guished senior Senator from Mis- have found Judge Pickering not only to be a Senator PATRICK LEAHY, sissippi desires. fair jurist, but one who is concerned with the U.S. Senate, The PRESIDENT pro tempore. The integrity of the entire judicial process and Washington, DC. Senator from Mississippi. assures every participant of a ‘‘level playing DEAR SENATOR LEAHY: This letter is to sub- Mr. LOTT. Thank you, Mr. President. field’’ and a judge who will apply the law mit for your consideration my unqualified without regard for the sensitive nature of I thank Senator HATCH. endorsement of U.S. District Judge Charles It is a pleasure to serve with my dis- cases of this sort, which may have caused Pickering for confirmation of his appoint- him personal discomfort. ment by the President to the Court of Ap- tinguished colleague from Mississippi I have personally seen him go overboard in peals for the Fifth Circuit. who will be speaking later today. working to bring reconciliation in matters I have practiced law in the State of Mis- I say to Senator HATCH, thank you wherein parties, because of lack of under- sissippi for more than 40 years. I am a past for your leadership, your sensitivity as standing of the law or actual ill will, may president of the Mississippi Bar Association, chairman of the Judiciary Committee, have committed violations because of lack of and a past member of the Board of Governors and for your specific help in the con- knowledge, etc. I have even been appointed of the American Bar Association. I am a fel- firmation process of Judge Charles by Judge Pickering to represent indigents low of the American College of Trial Law- Pickering to be on the Fifth Circuit who have legitimate claims but not the ex- yers and have known Judge Pickering per- pertise or money to litigate the same, when sonally and by judicial reputation for many Court of Appeals. he could have selected attorneys who might years. I also want to express appreciation to not bring the passion and true concern to I am a Democrat and would not want you Senator FRIST, the leader, for giving us bear to insure that the litigants rights are to confirm any person to the federal courts time in a very busy schedule to take up

VerDate Mar 15 2010 22:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\2003SENATE\S30OC3.REC S30OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 30, 2003 CONGRESSIONAL RECORD — SENATE S13541 this nomination. But it is time we go on the Board of Directors of the Fed- qualified for elevation to the Fifth Cir- forward with a vote on the nomination eral Judges Association from 1997 until cuit, and I strongly endorse his nomi- of this good and honest and very capa- 2001, and was a member of the Execu- nation. He has been waiting far, far too ble Federal judge, Charles Pickering. tive Committee for the final 2 years of long for a debate and vote on his nomi- Mr. President, as I say, I rise today his term. He recently completed a term nation. I urge my colleagues to support in strong support of Judge Charles of service on the Judicial Branch Com- moving forward with an up-or-down Pickering’s nomination to be a judge mittee of the Judicial Conference of vote on this important nomination. I on the U.S. Court of Appeals for the the United States. know that Judge Pickering’s elevation Fifth Circuit. I am pleased that this Judge Pickering has been involved in to the Fifth Circuit is supported by a day has finally come, and that after al- numerous community and public serv- majority of Senators, and it is time for most 21⁄2 years of waiting, we are fi- ice endeavors. He has headed the March this majority to be heard. nally moving forward with the consid- of Dimes campaign in Jones County, As I said, he has been waiting 21⁄2 eration of Judge Pickering’s nomina- Mississippi, and served as Chairman of years in this process. Unfortunately, tion here on the floor of the Senate. I the Jones County Chapter of the Amer- last year he was defeated on a party- am grateful to Senator HATCH for his ican National Red Cross. He was also a line vote and prevented from being re- hard work in leading the Judiciary major participant in the formation of ported out of the Judiciary Committee. Committee to its recent approval of the Jones County Economic Develop- But this year he was reported to the Judge Pickering’s nomination to the ment Authority, serving as its first floor. He deserves to have his story Fifth Circuit, and this important vote chairman. told, and even a vote to occur on his has led to our being able to begin de- Charles Pickering has been a leader nomination. bate on this outstanding nominee. in his community and in the state on I have known this man and his fam- As many Senators will recall, Judge race relations, and in standing up for ily and his neighbors, the people in his Pickering was unanimously approved what is right. In 1967, at the risk of church, the school officials, the minor- by the Judiciary Committee in the fall harm to himself and his family, he tes- ity leaders in his community for over of 1990 to be a United States District tified against the Imperial Wizard of 40 years. I think there used to be a time when Court Judge for the Southern District the KKK, Sam Bowers, for the fire- a Senator vouched for a person, a of Mississippi. He was then unani- bombing death of civil rights activist nominee from his State, and it carried mously confirmed by the full Senate. Vernon Dahmer. He was active in his real weight. I am here to tell you, this He has served honorably in this posi- community’s efforts to integrate their is one of the finest men, one of the fin- tion for 13 years, and I am happy that public schools, sending all four of his est family men, one of the smartest in- the President has re-nominated Judge children to the integrated schools. In dividuals, one of the best judges I have Pickering for a promotion to the Fifth 1981, Charles Pickering represented an known in my life. There is no question African American man falsely accused Circuit after his nomination was that he has the educational back- of robbing a white teen-aged girl. Al- blocked from consideration by the full ground, the qualifications, the experi- Senate during the 107th Congress. though his decision to provide this ence, the judicial demeanor, and also Charles Pickering and I have known legal representation was not supported the leadership to bring about unity, each other for over 40 years, which by some in his community, he aggres- not division. doesn’t seem possible, and I can person- sively represented his client, who was That has been the story of his life. He ally attest that there is no other per- found not guilty. He was a motivating has always been a unifier. He has al- son in the State of Mississippi who is force behind and currently serves on ways been willing to step up and take more eminently qualified to serve on the Board of Directors of the William on the tough battles in his home coun- the Fifth Circuit Court of Appeals. Winter Institute for Racial Reconcili- ty and in our State of Mississippi. Mr. President, Charles Pickering ation at the University of Mississippi, Senator HATCH made reference to the graduated first in his class from the our mutual alma mater. fact that when he was county attorney, University of Mississippi Law School in He has also volunteered for the Jones years ago, in the late 1960s he had the 1961, and received his B.A. degree from County Heart Fund, the Jones County courage to actually work with the FBI Ole Miss with honors in 1959. He prac- Drug Education Council, and the Eco- and to testify against the Imperial Wiz- ticed law for almost 30 years in Jones nomic Development Authority of Jones ard of the Ku Klux Klan, something not County, Mississippi, and during this County. He has always been very active very healthy for your political career time served stints as the prosecuting in his church, serving as a Sunday or even your life at the time. But he attorney for Jones County and the City school teacher, Chairman of the Dea- took a stand and was defeated for re- of Laurel during the 1960’s. From 1972 cons, Sunday school superintendent, election, to a large degree because of to 1980, Charles served in the Mis- and church treasurer. From 1983–85, he that. sissippi State Senate. This was a part- was the President of the Mississippi He continued to work in his commu- time position, with full-time demands I Baptist Convention. nity and provide leadership. He prac- might add, that allowed him to con- In addition to his many professional ticed law for 30 years. If you want to tinue his law practice during this pe- and civic activities, Charles Pickering look at his qualifications, here they riod. has also been a good farmer. He was are listed. He was not just an average Judge Pickering has had an impec- the first president of the National Cat- student. He graduated first in his class cable reputation on the bench in Mis- fish Farmers Association and was a from law school. He graduated from un- sissippi, and he is respected by all sec- leader in catfish farming during its dergraduate school with honors. He has tors of the Mississippi and national early days. Most importantly, though, the highest rating by Martindale Hub- legal community. Scores of attorneys, is the fact that Charles has always put bell. In 1990, he was unanimously con- community leaders, and other Mis- his family first, even with the commit- firmed by the Senate to be a district sissippians from all walks of life have ments I have just described. He has a judge. He has been very good in his rul- applauded his nomination to the Fifth wonderful wife and four grown children ings. In fact, of those that were ap- Circuit. What a compliment to Judge with spouses and families of their own, pealed, the reversal rate is only 7.9 per- Pickering, Mr. President, for him to including his son, Congressman CHIP cent, which is extraordinarily good. He have the support of those who know PICKERING, who is a former member of received from the American Bar Asso- him best—the people he works with in my staff. Representative PICKERING’s ciation—not once but twice—their his professional life and spends time integrity is a further testament to the highest rating of well qualified. They with in his personal endeavors. It is no caliber of Judge Charles Pickering’s looked into allegations that were made surprise that the ABA’s Standing Com- character. against him after his first consider- mittee on the Federal Judiciary found Mr. President, I am pleased that the ation by the committee and came back him ‘‘Well-Qualified’’ for appointment Senate is considering this important and said: He is still well qualified—not as a Fifth Circuit judge. nomination today, because the Senate a group known for dismissing allega- Furthermore, he is highly respected needs to act now to confirm Judge tions or charges that were made within the federal judiciary. He served Pickering. He is exceptionally well- against him.

VerDate Mar 15 2010 22:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\2003SENATE\S30OC3.REC S30OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13542 CONGRESSIONAL RECORD — SENATE October 30, 2003 He certainly has the qualifications He has never been reversed on any sub- the ammunition on him is as powerful and as and the experience. In his community, stantive issue in a voting rights or employ- convincing as I was led to believe. I certainly he is endorsed by Democrats and Re- ment discrimination case that has come be- do not believe Judge Pickering is presently a publicans, elected officials of both par- fore him. His rulings reflect his support for ‘‘racist’’. the principle of one man one vote. Judge Judge Pickering’s record of working with ties, the head of the local NAACP. The Pickering ruled the 1991 Mississippi legisla- both races and working for racial reconcili- people who know him best, who know tive redistricting plan unconstitutional for ation in past and present years is beyond his family, who see him every day, say failing to conform to one man one vote what many whites we have supported and this is a good man, qualified to be on standards and ordered a new election as the continue to support in positions of leader- the Fifth Circuit Court of Appeals. remedy. ship have done in our state. He has served on the Federal bench In 1963, at the age of 26, Judge Pickering While I do not condemn and judge all white for 13 years. He is highly respected was elected Prosecuting Attorney of Jones men and women to be ‘‘staunch racist’’, I do believe many have racist tendencies and be- within the Federal judiciary. In fact, County. While holding this office he con- fronted the effects of racial hatred and saw liefs as evidenced by the racism instilled in he has served in a leadership capacity firsthand its result in the form of extensive our many institutions. At least Judge Pick- there. He has been on the board of di- Ku Klux Klan violence. It was a horrible ering has shown a willingness to work for ra- rectors of the Federal Judges Associa- time in Mississippi. Judge Pickering took a cial reconciliation prior to his consideration tion from 1997 to 2001, and he was on public stand against the Klan violence and for the Fifth Circuit Court of Appeals posi- the executive committee for the final 2 terrorism. He worked with the FBI to pros- tion. years of his term. He recently com- ecute and stop the Klan. Charles Pickering I hope and pray understanding of the need testified against the Klan leader Sam Bowers for racial reconciliation by Judge Pickering pleted a term of service on the Judicial will help strengthen the Fifth Circuit’s for- Branch Committee of the Judicial Con- in the murder of civil rights activist Vernon Dahmer. titude in resolving racial issues and concerns ference. He is respected by his fellow In the 1960’s Charles Pickering stood up for in a spirit that God directs. judges. the voting rights of African Americans, and I recognize different people can review the I know some of the Senators on both for the equal protection of all. In the 1970’s same facts and reach different conclusions. I sides of the aisle have had Federal and 1980’s he led his community, his chil- respect their right, for ‘‘Beauty is in the dren’s school, his political party and his eyes of the beholder.’’ judges in their States also vouch for It would also be ‘‘Politically Correct’’ for this good man to be on the Fifth Cir- church in integration and inclusion. Today, he is a voice for racial reconciliation across me to remain silent. However, I cannot sup- cuit Court of Appeals. port a position that may be ‘‘Politically Cor- He has had letters of endorsement our state. As a judge, he is consistent in his fairness to everyone, and deemed well quali- rect’’ but I feel is ‘‘Morally Wrong’’. I truly from a wide span of community leaders fied by those who independently review his believe we all should embrace truth, justice, and State leaders in our State, includ- rulings, temperament and work. and fairness whether we are black or white, ing all five statewide elected Demo- Mississippi has made tremendous progress rich or poor, democrat or republican. Our crats. in race relations since the 1960s and Charles state needs it. Our children deserve it. I ask unanimous consent that letter Pickering has been part of that progress. We AMERICAN BAR ASSOCIATION, be printed in the RECORD. ask the United States Senate to stand up to those that malign the character of Charles Houston, TX, February 10, 2003. There being no objection, the mate- Re Charles W. Pickering, Sr., United States rial was ordered to be printed in the Pickering, and give him an up or down vote on the Senate Floor. Court of Appeals, Fifth Circuit. RECORD, as follows: Very truly yours, Hon. PATRICK J. LEAHY, STATE OF MISSISSIPPI, RONNIE MUSGROVE, Committee on the Judiciary, U.S. Senate, Dirk- OFFICE OF THE GOVERNOR, Governor of Mis- sen Senate Office Building, Washington, Jackson, MI, September 24, 2003. sissippi. DC. Hon. BILL FRIST, ERIC CLARK, DEAR SENATOR LEAHY: The purpose of this Majority Leader, U.S. Senate, Dirksen Senate Secretary of State. letter is to confirm the recommendation of Office Bldg., Washington, DC. MIKE MOORE, this Committee previously given as to the Hon. THOMAS DASCHLE, Attorney General. nomination of Charles W. Pickering, Sr. for Minority Leader, U.S. Senate, Hart Senate Of- LESTER SPELL, appointment as Judge of the United States fice Bldg., Washington, DC. Commissioner of Agri- Court of Appeals, Fifth Circuit. DEAR SENATORS FRIST AND DASCHLE: The culture and Com- A substantial majority of our Committee nomination of Federal District Judge merce. is of the opinion that Charles W. Pickering, Charles Pickering to the U.S. Fifth Circuit GEORGE DALE, Sr. is Well Qualified and a minority of the Court of Appeals is once again coming before Commissioner of Insur- Committee is of the opinion that Charles W. the U.S. Senate in Washington for consider- ance. Pickering, Sr. is Qualified for this appoint- ation. We are the Democratic statewide offi- Mr. LOTT. I have other letters of en- ment. cials of Mississippi. A copy of this letter has been sent to We know Charles Pickering personally and dorsement and articles supporting Charles W. Pickering, Sr. for his informa- have known him for many years. We believe Judge Charles Pickering, and I ask tion. Judge Pickering should be confirmed for this unanimous consent that they be print- Yours very truly, appointment and serve on that court. ed in the RECORD. CAROL E. DINKINS, Judge Pickering chose to take stands dur- There being no objection, the mate- Chair. ing his career that were difficult and often rial was ordered to be printed in the [From the Clarion-Ledger, Mar. 9, 2003] courageous. He has worked for racial rec- RECORD, as follows: onciliation and helped unify our commu- JUDGE PICKERING—SENATE SHOULD CONFIRM From: Representative Phillip West, Chair- nities. Toward that objective, he formed a bi- NOMINATION man. racial commission in his home county to ad- As outlined on the front of The Clarion- dress community issues and led an effort to Date: April 25, 2003. Re: Judge Charles Pickering. Ledger’s Perspective section today, the al- start a program for at-risk youth. Further- most two-year-old circus that has become POSITION STATEMENT ON JUDGE CHARLES more, Judge Pickering helped establish and the nomination of U.S. District Judge PICKERING serves on the board of the Institute for Ra- Charles Pickering Sr. to the 5th U.S. Circuit cial Reconciliation at the University of Mis- After having listened to Judge Charles Court of Appeals has been based allegations sissippi. Pickering during his meeting with the Mis- that Judge Pickering is a racist. We are all active Democrats. Charles Pick- sissippi Legislative Black Caucus, reviewed This is not true and is very unfair to Pick- ering was, before rising to the Federal materials concerning Judge Pickering’s ering. Bench, an active Republican. It is our hope record as a Jones County attorney, and spo- A throng of special interest groups—in- that Party labels can be transcended in this ken with some of the members of the Insti- cluding very reputable ones—has opposed fight over his nomination. We should cast a tute of Racial Reconciliation, I have decided President Bush’s nomination of Pickering on blind eye to partisanship when working to to reverse my position regarding Judge the basis of that charge of longstanding ca- build a fair and impartial judiciary. Pickering’s nomination to the Fifth Circuit reer racism by the Laurel jurist. The U.S. Senate has a chance to dem- Court of Appeals. Trouble is, those groups and the political onstrate a commitment to fairness. Judge When I originally signed the petition faces in the Senate that depend upon the Pickering’s record demonstrates his commit- against his nomination I was not aware of support of them, have failed to make a cred- ment to equal protection, equal rights and the information that has subsequently come ible case against Pickering on the racism fairness for all. His values demand he respect to my attention. I labored under the impres- charge. the law and constitutional precedents and sion that opponents had a clear and con- Pickering is a what conservative Repub- rule accordingly. He does. vincing argument. Now I am not certain that lican judge who is a devout Christian and a

VerDate Mar 15 2010 22:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\2003SENATE\S30OC3.REC S30OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 30, 2003 CONGRESSIONAL RECORD — SENATE S13543 practicing Southern Baptist. As has been Thank you for being a human being and for ried aloud how a tough sentence would play made clear to those following the Capitol caring what happens to other human beings. in the community—apparently the white Hill controversy, the hue and cry is about I am especially mindful of your commitment community. racism but the undercurrent of opposition to racial reconciliation over the past twenty And as a law student in 1959, he published isn’t about race at all—it’s about the thorny years. Because of this commitment, our fu- a paper laying out a strategy for maintain- issue of abortion rights. ture looks better. ing a ban on mixed-race marriages in Mis- As in the case of fellow Bush federal appel- I’ll contact you regarding the develop- sissippi. late court nominee Miguel Estrada, the op- ments at the Retreat around the 15th of No- Yet these are two exceptions, the second position to Pickering among Senate Demo- vember. My best to you. more than four decades old, in an otherwise crats isn’t about the judge’s qualifications. Sincerely yours, surprisingly upstanding history on race. It’s about the judge’s politics. CONSTANCE SLAUGHTER-HARVEY. Pickering will not comment publicly, And while Senate Republicans played the pending Senate action on his nomination, same political game with the judicial nomi- [From the Atlanta Journal-Constitution, which is expected this month or next. Mar. 9, 2003] nees of former President Bill Clinton, the ROOTS: RELIGION AND RACE politics of personal destruction in the case of TRIALS OF A SOUTHERN JUDGE Pickering, the son of a Laurel dairy farm- Pickering has reached a new low. EVIDENCE DOESN’T SUPPORT CHARGES OF er, has always stayed close to his south-cen- By any reasonable standard, Charles Pick- RACISM AGAINST CHARLES PICKERING tral Mississippi roots. The New Orleans- ering Sr. has lived the life and done the work (By Janita Poe and Tom Baxter) based appeals court job would be his first of a man with his heart in the right place on When court is not in session, Deborah post outside Mississippi. race in a state where such a life and work Gambrell and U.S. District Judge Charles W. A land of bayous and pine trees, the region wasn’t always easy or appreciated. Pickering often hole up with other lawyers Pickering isn’t a Johnny-Come-Lately to around Laurel and Hattiesburg is a place in a courthouse anteroom—and debate the the concept of meaningful racial reconcili- where people take their religion seriously. law. Methodist and Baptist churches line the ation. He’s been part of the solution to Mis- They’re there to schedule trials or sissippi’s vexing racial conundrum for dec- main streets; even today, when much of the sentencings. But Gambrell, a liberal African- Bible Belt has succumbed to secularism, day ades. He has been an able jurist, a contrib- American lawyer, and Pickering, a conserv- uting citizen and a responsible politician and care centers are named ‘‘River of Life’’ and ative white judge, invariably fall into spir- ‘‘Alpha Christian.’’ jurist. ited exchanges on legal issues and philoso- Those who seek to oppose Judge Pickering Pickering is a 42-year member at First phies. Baptist Church of Laurel, where he has been on the grounds of his political philosophy or ‘‘We’ve had debates over everything from religious views should do so openly and in a deacon, a Sunday school teacher and Clarence Thomas to the details of some church treasurer. In the mid-’80s, he was aboveboard fashion—not hiding behind the case,’’ Gambrell said. ‘‘Judge Pickering is a political skirts of dubious charges of racism. president of the Southern Baptists in Mis- conservative, but he wants to hear your sissippi and was allied with the Racism is a serious evil. Mississippians opinion. And he’s amenable to having his know better than most in America the sever- ‘‘inerrantists,’’ who maintain the Bible is mind changed, too.’’ the word of God and its accounts are factual. ity of racism and the vile manifestations it Gambrell sees no racial bias in the judge. can assume. Mississippi has borne witness to Racism once had as strong grip on the re- On the contrary, she said, he appoints moti- gion as religion, and Pickering was reared unspeakable acts of cruelty and mayhem in vated lawyers such as her to represent work- the name of race literally since statehood. during a period of open, unquestioned apart- ers—many of them black—who claim they heid. That upbringing has lent some credi- In Mississippi’s fragile racial environ- were wronged by employers. ‘‘He loves the ment—one in which people of good will and bility to critics’ charges. law and wants you to represent your client Marilyn Huff, a white 65-year-old who lived good intentions have sought to build well,’’ Gambrell said, ‘‘and I don’t think bridges—crying ‘‘wolf’’ on false charges of next to the Pickering farm, recalls playing that’s discriminatory.’’ hopscotch and marbles with Pickering and racism is a particularly onerous political Strange as it sounds, Gambrell is talking several children of black sharecroppers who and social crime. about the same Charles Pickering who made lived nearby. But the black kids attended a On a broader scale, the politics of judicial headlines last year as a reputed old-line different school. confirmation threatens to subvert the par- Southern bigot. The liberal lobbying group ‘‘We got on our bus and went to our school, tisan political give and take of the presi- People for the American Way, for example, and they got on their bus and went to dency in judicial nominations to provide claims Pickering is ‘‘hostile to civil rights.’’ theirs,’’ she said. ‘‘I think the South accept- philosophical balance to the courts. NAACP Chairman Julian Bond says Pick- ed those things when other areas of the coun- Confirmation hearings should be about the ering uses ‘‘a racial lens to look at Amer- try did not.’’ qualifications and character of the judicial ica.’’ Pickering’s 1959 paper on ‘‘miscegenation,’’ nominee, not the next presidential election. Pickering drew the criticism after Presi- or mixed-race marriage, reflects that accept- The Senate Judiciary Committee owes dent Bush nominated him for a job on the ance. In the article, which was based on a Judge Pickering a fair hearing based on an New Orleans-based 5th U.S. Circuit Court of case of that era, Pickering suggests that examination of his record—his entire Appeals, one step below the Supreme Court. Mississippi lawmakers could strengthen the record—as a judge, as a public figure and as A Senate committee controlled by Demo- state’s anti-miscegenation law against legal a man. crats, heeding complaints about the judge’s challenges by reviewing similar laws in 23 Based on what we have known of that racial views, rejected him. record, a fair hearing by the committee will With the Senate now in Republican hands, other states. Pickering published the article produce no impediment to confirmation. Bush has renominated Pickering, prompting in the Mississippi Law Journal, where he was new Democratic charges that Republicans, a staff writer. CONSTANCE IONA SLAUGHTER HARVEY, even after the Trent Lott fiasco, are catering The judge’s son, U.S. Rep. ‘‘Chip’’ Pick- Forest, MS, October 23, 2001. to racist Southern whites. ering, 39, explains the article as nothing Hon. CHARLES W. PICKERING, Sr., In Mississippi, however, many describe a more than an assigned ‘‘exercise’’ in which U.S. District Court Judge, different man than the one feared and students ‘‘assessed laws on interracial mar- Hattiesburg, MS. vilified by critics inside the Beltway. riage and told why the Mississippi law was DEAR JUDGE PICKERING: Thank you for re- Rather, their up-close description of Pick- struck down.’’ minding me of the upcoming Institute for ering is that he is a relative progressive on The congressman’s account, however, does Racial Reconciliation Board Retreat to be race, a man who in the 1960s, when much of not fully convey the tone of the brief. The held Friday, November 9 through Saturday, Mississippi was still fighting efforts to kill article did not simply analyze problems with November 10, 2001. Unfortunately, my heavy Jim Crow, testified against a murderous Ku the law, but suggested how it could better schedule will prevent me from attending. On Klux Klansman. He is a parent who, despite withstand court challenges. As People for those dates, I will also be required to partici- a poisonous racial atmosphere around Lau- the American Way points out, Pickering ‘‘ex- pate in the Annual State Convention of Mis- rel, bucked white flight to send his four chil- pressed no moral outrage over laws prohib- sissippi Action for Progress Head Start and dren to newly integrated public schools. iting and criminalizing interracial mar- facilitate a session at the Metro Black Pickering has been excoriated for seeking riage’’ but instead calmly offered a strategy Women Lawyers’ retreat. Both of these a lighter sentence for a white man convicted for maintaining a ban—as if the law were as events require my personal involvement. in a cross burning (see related story). But he ethically neutral as, say, restrictions on dou- While I will not be in attendance, I am as- also sought reduced sentences for many ble-parking. sured, because of your integrity, that you black first offenders. He has pushed to estab- Elsewhere, by the 1950s, people inside and will continue to provide the quality of lead- lish a racial reconciliation center at the Uni- outside the state were beginning to question ership you have provided in the past. You versity of Mississippi, his alma mater. And, Mississippi’s adherence to Jim Crow stric- have served Mississippi and her people well both on the bench and off, he has pressed tures. In 1955, Pickering’s junior college near even to the extent of taking positions that white prison officials to ensure the rights of Laurel achieved a breakthrough of sorts were unpopular. This sometimes meant great black inmates. when its all-white football team, in a quest personal sacrifice and loss of political gain The judge’s record is not spotless on race. for a national championship, decided to play for you. In the infamous cross-burning case, he wor- an integrated squad from California despite

VerDate Mar 15 2010 22:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\2003SENATE\S30OC3.REC S30OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13544 CONGRESSIONAL RECORD — SENATE October 30, 2003 protests from the state’s racist establish- ‘‘He was right down the middle. He was a 1972, when a Sovereignty Commission em- ment. moderate,’’ said former Gov. William Winter, ployee approached him and said he had infor- In 1962, as Pickering started his law prac- a progressive Democrat who was lieutenant mation about a radical group infiltrating a tice, the Federal government forced the Uni- governor when Pickering arrived at the Leg- union in Jones County. My father’s only re- versity of Mississippi to admit James Mere- islature. sponse was, ‘Keep me informed.’ ’’ dith, a black Air Force veteran. Students The new governor, Democrat William Again, this may be too easy a dismissal. and locals responded by staging a riot that Waller, was the first in many years who had The nature of the supposed union infiltration killed two people and injured hundreds. not made race the focus of his campaign, and is in dispute. The commission memo says the And that was in relatively genteel Oxford. as a prosecutor had heroically but unsuccess- agency was focusing on a pro-civil rights Laurel, a rougher place to begin with, be- fully mounted two cases against white su- group, but in Pickering’s confirmation hear- came a flash point of racial and class ten- premacist Byron de la Beckwith for the mur- ing last year, the judge said he was con- sions, with leftist union and reactionary Ku der of the NAACP’s Medgar Evers. ‘‘Charles cerned about Klan activity. Klux Klan organizers alike recruiting mem- was of that stripe,’’ Winter said. Any alleged connection to the racism of bers from the 4,000 workers at the town’s big Robert G. Clark Jr., who is today the the Sovereignty Commission sharply con- Masonite plant. The toxic atmosphere soon House speaker pro tem, in 1968 became the trasts with Pickering’s public and personal presented Pickering with a chance to depart first African-American elected to the Legis- actions in support of integration in the same Mississippi’s well-worn racial path. lature. He did not receive a warm welcome. decade. Laurel was home to a man who combined ‘‘It was pretty lonely back then,’’ Clark said. AT HOME IN LAUREL ferver for both Christianity and apartheid to But Pickering was cordial. ‘‘He was one Even though they lived in racially polar- produce a vicious, ragtag holy war in defense who didn’t mind coming up to me to shake ized Jones County, Pickering and his wife, of the status quo. In 1966, Sam Bowers, the my hand and say, ‘How are you doing today, Margaret Ann, sent their four children to Scripture-quoting imperial wizard of the Rep. Clark?’ ’’ newly integrated public schools in the ’70s. White Knights of the Ku Klux Klan, led a Pickering was elected state GOP chairman Allison Montgomery, the judge’s second- gang of Klansmen to firebomb the home of in 1976, serving with then-Executive Director youngest child, recalls thinking her father Hattiesburg NAACP leader Vernon Dahmer, Haley Barbour, who went on to become Re- had to set an example for other families by killing him. publican national chairman, a powerful supporting integration. She was bused to the Pickering, then serving as Jones County Washington lobbyist and—this year—a can- formerly all-black Oak Park High the year it prosecutor, could have avoided the trial, as didate for governor. debuted as an integrated elementary school. the slaying took place in a neighboring coun- Pickering won credit as a party peace- ‘‘It was never discussed in our home, but ty. But Jim Dukes, the prosecutor, who pre- maker after a bruising fight between sup- my sense was that because Daddy had a rep- sented the case against Bowers, asked his porters of Gerald Ford and Ronald Reagan at utation as being one who supported what was colleague to testify to Bowers’ violent char- the 1976 GOP convention. But he lost his one right, that it was what we were expected to acter, and Pickering agreed—despite the risk bid for federal office in 1978, when Thad do,’’ said Montgomery, 35, a homemaker who of Klan reprisals. Cochran defeated him in the U.S. Senate pri- lives in Shreveport, La. ‘‘He was putting himself at risk of bodily mary. He lost again in a run for state attor- ‘‘Even though it meant we would end up in harm, social ostracism and economic de- ney general a year later, ending his career in a minority situation, I think the powers that struction,’’ Dukes said. ‘‘These were turbu- elective politics. be in our community knew he would still lent times, and testifying against the Klan THE SOVEREIGNTY COMMISSION support the public school system.’’ was not a popular thing to do.’’ Montgomery has fond memories of learn- Pickering lost a race for a state House seat Pickering’s terms as a state senator coin- ing new games and chants with her black later that year. Bowers—whose trial ended in cided with the final years of the infamous schoolmates, but she remembers several a hung jury and who was not convicted until Mississippi Sovereignty Commission. Cre- white parents moving their children out of 1998—took credit for beating him. ated in 1956 in reaction to the U.S. Supreme her hometown because the teacher was Court’s school desegration decision, the REPUBLICAN POLITICS black. Some families enrolled their children agency was supposed to protect Mississippi Like many Mississippians of his genera- in private schools. ‘‘Suddenly people were and her ‘‘sister states’’ from federal en- tion, Pickering began political life as a Dem- sending their kids to a little small academy croachment, by ‘‘any and all acts and things ocrat and switched to the GOP. He did so, called Heidelburg Academy,’’ she said. ‘‘It deemed necessary and proper.’’ however, before the party had become a was in Jasper County, and they probably had The commission used its charge to spy on, haven for Southern whites disaffected with a 20- or 30-minute drive, at least. intimidate and harass those considered to be the national Democrats’ liberal racial poli- Black people in the Laurel area took note racial troublemakers or outside ‘‘agitators.’’ cies. of Pickering’s stance on racial issues. Pickering changed parties in 1964, a time It helped fund the reactionary white Citizens When Larry Thomas was a child, he when Mississippi’s Democratic leadership Councils and kept up a system of informants watched his father, a local civil rights lead- stood for continued segregation. Most noto- who reported to the commission on the ac- er, work out the logistics of demonstrations riously, Democratic Gov. Ross Barnettt had tivities of the FBI as well as civil rights with Pickering. Later, he dealt directly with personally turned Meredith away from Ole groups. Pickering as a fellow economic-development Miss and helped provoke the later rioting. As a state senator Pickering voted twice, board member. Thomas, 49, a pharmacist, is The Mississippi Democratic establishment, in 1972 and 1973, along with the majority, to a black Democrat. in the thrall of Jim Crow, sent an all-white continue funding for the commission—votes Over the years, Pickering disregarded delegation to the 1964 national convention his critics have highlighted during the con- white criticism to make alliances with black and was denied seating. firmation hearings. By the early ’70s, how- people, Thomas said. The small but growing Mississippi GOP ever, Mississippi had generally dismantled ‘‘When things were changing in the ’60s and leaned to the right on many issues, as it still legal segregation, and the agency was trying ’70s, he always tried to reach a compromise. does, reflecting a pro-business bent. But to retool itself as a general investigative or- He was always trying to understand the compared with the Democratic leadership, ganization. thinking and concerns of the black commu- many Republicans were moderate or even Waller vetoed the funding in 1973, and the nity,’’ Thomas said. ‘‘To me, that’s the most progressive on desegregation and on compli- commission was officially dissolved in 1977, I expect of a white man. The rest is our re- ance with federal court orders. its files sealed. In the end, Pickering voted sponsibility.’’ The state GOP ‘‘was characterized by some with the majority to end the commission and Melvin Mack, 53, a black county super- very powerful business types who could af- seal the records. visor, grew up about four miles from ford to be more moderate in their political In 1990, during hearings on his nomination Pickering’s family and, over the years, has views,’’ said Marty Wiseman, director of the as district judge, Pickering said he ‘‘never seen him at dozens of black gatherings. Pick- John Stennis Institute of Government at had any contact’’ with the commission and ering may have been reared in an era when Mississippi State University. that he knew ‘‘very little about what is in discrimination was the rule, he said, but he Laurel’s powerful state senator, E.K. Col- those records.’’ His opponents point out, has always been friendly with blacks. lins, led the all-white delegation to the however, that when the Sovereignty Com- ‘‘You will see him at black family re- Democratic convention. In 1971, Pickering mission’s files were subsequently opened, an unions,’’ Mack said. ‘‘You will see him at fu- took Collins on and beat him. ‘‘It was consid- investigator’s memo was found naming him. nerals when a black family’s loved one has ered nervy for a young upstart to run against The document suggested Pickering and died.’’ an established longtime Dixiecrat like E.K.,’’ two other legislators had communicated In the ’90s, Pickering was an early, promi- recalled former Rep. Tucker Buchanan, a with the commission on its investigation of nent supporter for establishing what became Democrat who became friends with Pick- labor union activity in Laurel. The three the William Winter Institute for Racial Rec- ering in the Legislature. lawmakers were ‘‘very interested’’ and ‘‘re- onciliation at Ole Miss. Among its other In the Senate, Pickering developed a rep- quested to be advised of developments,’’ ac- functions, the institute promotes programs utation for being able to talk with all sides cording to the memo. to combat racial prejudice. and occasionally broker a deal—even though, Pickering’s son, the congressman, says the Pickering has also responded to complaints as one of only two Republicans, he was ex- agency had approached his father, not the about the abuse of black State prison included from Senate leadership. other way around. ‘‘His only contact came in mates. Sometimes he has ordered changes

VerDate Mar 15 2010 22:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\2003SENATE\S30OC3.REC S30OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 30, 2003 CONGRESSIONAL RECORD — SENATE S13545 from the bench and other times, when evi- they try to say he is. We hope in this second tact with him, certainly should not be dence did not fully substantiate the abuse, go-round the truth catches up with the false disqualifying. worked informally. Pickering ‘‘will call me accusations.’’ From all walks of life in Mississippi, afterward and ask that we look into what is The law-review article on mixed-race mar- people are very much in support of this going on,’’ said Leonard Vincent, general riage laws casts a cloud on that record. But counsel for the State Corrections Depart- the evidence suggests that the judge has nomination. He hasn’t just been a law- ment. moved on since he wrote it. yer and a judge and family man. He has In one case, such informal intervention led ‘‘That was 1959,’’ said Angela Barnett. been involved. He helped bring his to the firing of at least two guards. ‘‘Back in the day, everyone was taught to hometown school through integration. ‘‘Judge Pickering was the only white lead- think that way.’’ His kids went to the public schools. er we could get to stand up against the Barnett, who is white, went before Pick- The first time I saw his son—now a guards and the penal system,’’ said a local ering on drug charges in 1997—with her black Congressman—CHIP PICKERING, he was civic activist, who spoke on condition of ano- husband, Harrell. The couple, who now live playing linebacker for the football nymity. ‘‘I mean, he called them on the car- in Houston, say the judge helped them get pet and cleaned them up.’’ their lives together with lenient sentences team for the Laurel Tornadoes, R. H. Pickering, the activist said, did not seek to and advice. Watkins Laurel High School. He was a publicize his behind-the-scenes effort. ‘‘I’m ‘‘If he was racist, he wouldn’t even be great athlete on a team that was prob- not saying Judge Pickering is a saint,’’ he thinking about helping us,’’ Barnett said. ably 80 percent African American. said. ‘‘He is a conservative man. But he’s not ‘‘He would have said ‘Heck, no, she’s married They have always been willing to take afraid to stand up for what is right.’’ to a black man, I’m not going to help a stand. THE CASE AGAINST PICKERING them.’’’ He was head of the local March of Such sentiments do not sway opponents. When the Senate debates Pickering’s nom- Dimes. He headed the local Red Cross. ‘‘Judge Pickering’s record isn’t erased just ination, his conservative views—on abortion, federalism, the role of the judiciary and He has been involved in economic de- because he has African-American friends in velopment. He has been involved in the his community,’’ said NAACP Chairman other matters—will be fair game. The judge is quite conservative by most measures, and Heart Fund, the Drug Education Coun- Bond, a former Georgia legislator. ‘‘This is a cil, Sunday school teacher, chairman of question of what kind of Federal judiciary many people would prefer more moderate or are we going to have. Are we going to have liberal nominees. the deacons, church treasurer, presi- one occupied by women and men who support But in Mississippi, the notion that Pick- dent of the Mississippi Baptist Conven- justice and fairness, or who oppose it?’’ ering is a racial throwback and a friend to tion. Some people look at that almost Many Pickering opponents object to his cross-burners doesn’t sell. like it is an indictment. It is a great nomination on grounds unrelated to his ra- Pascagoula attorney Richard ‘‘Dickie’’ Scruggs, for example, is a believer in Pick- honor for the people of your faith to cial attitudes. The predominantly black honor you to head their organization Magnolia Bar Association of Mississippi is ering. Scruggs is a ‘‘mass tort’’ trial lawyer—the statewide. one such opponent. He has even been a farmer and was The 5th U.S. Circuit Court of Appeals has sort who signs up thousands of plaintiffs to jurisdiction over Mississippi, Louisiana and join in class-action lawsuits—who was lead the first president of the National Cat- Texas, whose population is 45 percent litigator in Mississippi’s multibillion-dollar fish Farmers Association. I had contact nonwhite. But of 14 judges’ seats that are tobacco suit. with him then. ‘‘Judge Pickering has been in the camp filled, only two are Hispanic and only one is President Reagan once wrote in a that was considered liberal to moderate in black. The Magnolia Bar has sought more di- note where there was a picture of a the 1960s,’’ said Scruggs, a Democrat who is versity and more liberal voices on the court also Trent Lott’s brother-in-law. ‘‘He’s a mother and her son: The apple never for years, President Melvin Cooper said, so bright jurist and has a moral compass that falls too far from the tree. The point Pickering—a conservative white—is the gives him a real sense of fairness. . . . was, if the child is really an out- wrong choice. ‘‘I think he would be a great [appeals ‘‘We’re looking at . . . the decisions he standing person, he probably came court] judge. I just don’t know why he would would make on the bench,’’ Cooper said. from a very strong and good tree. True. Abortion-rights groups have joined the want to go through this process again.’’ In this case, there is not a finer young fight against Pickering, also because of his Mr. LOTT. One of the criticisms was, man I know of than Congressman CHIP conservative personal views. As a State leg- well, the Judge was the intermediary PICKERING who has labored valiantly to islator in the mid-1970s, Pickering led an ef- in sending some of the letters of sup- tell the truth about his dad. If you fort to make the national Republican plat- port. I am not going to belabor the want to get emotional, watch a son form anti-abortion, specifically opposing the point, but as a matter of fact, I have work for his father. I think the kind of U.S. Supreme Court’s ‘‘intrusion’’ into the the list of who these people were. They man CHIP PICKERING is tells you a lot issue with Roe v. Wade. were people he had known for 30 years, ‘‘We’re concerned that would color the at- about the father who brought him into titude he would take to the appellate former college friends, law school the world, along with his mother. bench,’’ said Judy Appelbaum, a vice presi- friends, people he practiced law with. It This certainly is an outstanding indi- dent of the National Women’s Law Center. was in the aftermath of the anthrax at- vidual. He had his reputation be- When asked about abortion at his con- tack here on the Capitol. The only way smirched a couple of years ago. He has firmation hearing last year, the judge sound- he could make sure the letters got to been willing to continue to stand and ed less militant. ‘‘My personal views are im- the Judiciary Committee in a timely fight to have the record corrected and material and irrelevant,’’ the judge re- way was to send them himself. The al- to see this through to a conclusion. I sponded. ‘‘I will tell you that I will follow legation that there was something in- the constitution, and I will apply the Su- hope the Senate will not filibuster this preme court precedent.’’ appropriate about that is totally base- judge. At least give him a direct vote. Pickering has yet to rule on an abortion less, and it is just the type of thing Or if we have to have a vote on cloture, matter. But the 5th U.S. Circuit may well that has been used against him. vote to invoke cloture, and let’s move consider the constitutionality of state stat- Another allegation is that when he this nomination forward. utes designed to make abortions more dif- was a State senator he had some rela- There is a real fester developing here ficult to obtain. In Mississippi, for example, tionship with what was then known as in this institution, institutionally and legislation is pending that would restrict the the Sovereignty Commission. When he individually. We have to lance it or it time when an abortion is legal and require went into the Senate, I think when he abortion providers to be board-certified in is going to demean us as individuals obstetrics and gynecology. was first sworn in, representatives and the institution. We have to stop it. Yet allegations of bigotry have hurt the from that organization said they had This is the place to do it. This man judge’s chances—and damaged his reputa- some concerns about Klan activity should be confirmed for the Fifth Cir- tion—more than concerns about his general with regard to labor unions down in his cuit Court of Appeals. conservatism. His son says Pickering is will- home county. Mr. HATCH. Mr. President, how ing to undergo another round of intense He said: Keep me posted. much time remains? scrutiny and heated attacks to restore his Seldom do they note the fact that he The PRESIDENT pro tempore. The good name. subsequently voted to abolish the Sov- ‘‘The stereotype of what Mississippi is can Senator has 11 minutes 9 seconds. easily be used against someone like my fa- ereignty Commission; again, a very Mr. HATCH. I yield 5 minutes to the ther, who is a Southern Baptist and from an frivolous charge. To have your name distinguished Senator from Georgia. older generation of white Mississippians,’’ he mentioned 30 years later in a report, The PRESIDENT pro tempore. The said. ‘‘But my father is not at all the man that they had some happenstance con- Senator from Georgia is recognized.

VerDate Mar 15 2010 22:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\2003SENATE\S30OC3.REC S30OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13546 CONGRESSIONAL RECORD — SENATE October 30, 2003 Mr. MILLER. Mr. President, I rise California and Mississippi know, and Mr. LEAHY. Mr. President, what is today to talk about a good and brave the majority of this Senate knows, the current order—I was off the floor man from the State of Mississippi, Charles Pickering and Janice Rogers when the order was entered last Judge Charles Pickering. I also rise Brown are not the ones who are outside night—what is the current order on today to talk about a judicial nomi- the mainstream. The ones who are who speaks last? nating process that is badly broken and completely out of touch are the special The PRESIDENT pro tempore. The out of control. Judge Charles Pickering interest groups that have taken this final 5 minutes is to the majority lead- has been victimized by inaccurate race nominating process hostage and those er or his designee, and the previous 5 baiting and political trash talk of the in this body who have aided and abet- minutes is to the minority leader or news media, Members of Congress, and ted their doing so. his designee. Washington’s liberal elite. Judge Speaking of lynch mobs, my all-time Mr. LEAHY. It is perfectly all right. Pickering’s critics continue to unfairly favorite movie is ‘‘To Kill a Mocking- I think the Senator from Utah has pro- label him a racist and segregationist. bird.’’ In the movie’s key scene, you posed a very fair proposal. I have no Nothing could be further from the may remember, Atticus Finch, a law- objection. truth. yer who is raising two small children, The PRESIDENT pro tempore. Is Judge Pickering has worked coura- is defending a black man unjustly ac- there objection? The Chair understands geously in difficult times—difficult cused of rape. That lynch mob also the request is to add 5 minutes to each times many in this body could not hope tries to take justice into its own hands. side. to understand—to eliminate racial dis- Atticus confronts them at the jail- Mr. HATCH. Right. parities in Mississippi and the South. house door. His daughter Scout joins The PRESIDENT pro tempore. Under My good friend, former Governor Wil- him and sees that the leader of the mob the control of— Mr. LEAHY. The same way. liam Winter of Mississippi, a Democrat is someone she knows. She calls to him The PRESIDENT pro tempore. The and one of the South’s most respected by name: Hey, Mr. Cunningham. Re- same persons controlling the time. progressives, came to Washington to member me? You are Walter’s daddy. Mr. HATCH. With the understanding support Judge Pickering’s nomination. Walter is a good boy. Tell him I said that Senator COCHRAN will be given the Sadly, Governor Winter’s praise and hello. leader’s 5 minutes at the very end of firsthand account of Pickering’s true After a dramatic pause, Mr. the debate. record fell on deaf ears by most Capitol Cunningham turns away and says to The PRESIDENT pro tempore. With- Hill Democrats. the mob: Let’s go home, boys. out objection, it is so ordered. Charles Pickering deserves an up-or- This group, bent on injustice, was Mr. HATCH. Does the distinguished down vote on his nomination, as does turned aside by a small girl who ap- Senator care to go ahead? another fine nominee who has been pealed to them as individuals. The PRESIDENT pro tempore. There treated in the same shameful manner, My friends in this Chamber, I know are 35 minutes on the Democratic side Justice Janice Rogers Brown of Cali- you, and I appeal to each of you as in- and 10 minutes on the Republican side. fornia. On both of these nominees, I dividuals, as fathers, mothers, col- Mr. LEAHY. Will the Chair repeat fear we are about to cave in once again leagues and friends. Most of you were that, please? I didn’t hear what the to the left-leaning special interest taught in Sunday school to do unto Chair said. groups. These special interest groups, others as you would have them do unto The PRESIDENT pro tempore. There like termites, have come out of the you. This is not treating someone as remains 35 minutes to the Democratic woodwork to denounce Justice Brown you would want to be treated yourself. side and 10 minutes to the Republican simply because she is an African Amer- This extreme partisanship and delib- side, 5 minutes added to each side. The ican who also happens to be conserv- erately planned obstructionism has Chair reminds the Senators that the ative. Never mind that Justice Brown gone on long enough in this body. I last 5 minutes on each side is under the is intelligent, articulate, chock-full of wish we could do away with the 60-vote control of the leaders or their des- common sense, and highly qualified to rule that lets a small minority rule ignees. serve on the Federal appeals court this Chamber and defeat the majority, Mr. HATCH. Mr. President, I yield 2 bench. Never mind that in 1998, 76 per- reversing the rule of free government minutes to the distinguished Senator cent of Californians voted to retain everywhere; everywhere, that is, except from Georgia, Mr. CHAMBLISS. Justice Brown. That is a job approval in the Senate. Mr. CHAMBLISS. Mr. President, I rating most of us could only dream of. The PRESIDENT pro tempore. The appreciate the chairman’s strong lead- The special interest groups don’t care Senator’s time has expired. ership on this issue. I rise in the strong about any of that. They don’t want to Mr. MILLER. I hope we can have an support of the nomination of Charles hear how qualified Justice Brown and up-or-down vote—just an up-or-down Pickering to the Fifth Circuit Court of Judge Pickering are, or how much the vote, Mr. President. Appeals. voters like the job they have done. The PRESIDENT pro tempore. The I want to say, first, that I appreciate No, their only mission is to assas- Senator from Utah. the honesty, the integrity, and the sinate these good people’s character Mr. HATCH. Mr. President, how forthrightness of my colleague from and to take them down one way or an- much time remains? Georgia on every issue, but particu- other because they fear they won’t The PRESIDENT pro tempore. Five larly on this issue. He has been very cater to their liberal agenda. They are minutes. much out front, and this Senator right; they won’t. These fine nominees Mr. HATCH. I ask unanimous consent greatly appreciates his attitude and his are much too independent and much that there be an additional 10 minutes dedication to ensuring that quality too intelligent to be held hostage to equally divided with, of course, the judges are confirmed to every circuit of anyone’s extreme agenda. Or as Thom- same understanding that Senator the United States and every district of as Sowell wrote of Justice Brown in a COCHRAN will be the last to speak for 5 the Federal bench. column headlined ‘‘A Lynch Mob Takes minutes. I rise with some special appreciation Aim at Judicial Pick’’: The PRESIDENT pro tempore. Is for Judge Pickering’s nomination be- What really scares the left about Brown is there objection? cause he is nominated to the Fifth Cir- that she has guts as well as brains. She won’t Mr. LEAHY. Reserving the right to cuit Court of Appeals. weaken or waver. object, and I shan’t because I have al- In 1969, when this Senator became a So they can publish all the racist ready spoken about this with the dis- member of the Georgia bar, Georgia cartoons they want and they can de- tinguished senior Senator from Utah, was a member of the Fifth Circuit. So monize Judge Pickering and brutally but my understanding is this is 10 min- I have been a member of the Fifth Cir- and callously reduce Justice Brown to utes equally divided on top of whatever cuit bar since my early days. The Elev- tears at her committee meeting. They time is remaining? enth Circuit was created in 1980. We can sneeringly accuse them both of Mr. HATCH. That is right, with the split off at that time, so I no longer being outside the mainstream. But understanding that Senator COCHRAN argue cases on a regular basis in the President Bush knows and the voters of will be the last to speak for 5 minutes. Fifth Circuit.

VerDate Mar 15 2010 22:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\2003SENATE\S30OC3.REC S30OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 30, 2003 CONGRESSIONAL RECORD — SENATE S13547 The Fifth Circuit has been very front of their homes, Judge Pickering The PRESIDING OFFICER. The Sen- blessed with a number of great judges. was enrolling his children in those ator is correct. Look at the judges who came from dif- same newly desegregated schools, and Mr. LEAHY. Mr. President, this will ficult times, such as my very good Judge Pickering in his hometown was be pushing the time of the vote back to friend Judge Griffin Bell who, after testifying in court against Sam Bow- about 10:20, 10:30. serving as a member of the Fifth Cir- ers, the man the Baton Rouge Advo- The PRESIDING OFFICER. It will be cuit, came to be Attorney General; El- cate called the ‘‘most violent living approximately 55 minutes from now. bert Tuttle, Judge Frank Johnson—any racist,’’ at a time when people were Mr. ALEXANDER. Mr. President, I number of judges such as these judges killing people based on race. thank the Senator from Vermont and at the district court level—Judge W.A. Many of my generation have changed the Senator from Utah for their gen- Bootle. These individuals came their minds about race in the South erosity. through very difficult times and distin- over the last 40 years. That is why the Let me remake my first point. I care about this case because I care about guished themselves as judges. opposition to Judge Pickering to me Judge Charles Pickering came seems so blatantly unfair. He hasn’t the Fifth Circuit Court of Appeals. through that same very difficult time changed his mind. There is nothing to Many of the Senators know or knew Judge John Minor Wisdom. They knew in the South, a time in the South when forgive him for. There is nothing to what a great judge he was. race was a very critical and the most condemn. There is nothing to excuse. They knew what the times were like forthright issue. Charles Pickering He was not a product of his times. He in the Deep South during the 1960s and looked the racial issue in the eye and led his times. He spoke out for racial 1970s. I remember Judge Wisdom once provided the kind of leadership of justice. He testified against the most telling me the Ku Klux Klan had which every American would be very dangerous of the cross burners. He did burned a cross in the intersection be- proud. it in his own hometown, with his own tween his home and that of Congress- As we now consider his nomination neighbors, at a time in our Nation’s man Hale Boggs. Judge Wisdom said: to the Fifth Circuit Court of Appeals, I history when it was hardest to do. He They were getting both of us with one could not be prouder of any individual stuck his neck out for civil rights. cross burning. than I am of the nomination of Charles Mr. President, will our message to So I set out some time ago, with my Pickering. I am going to have a lot the world be: Stick out your neck for staff, to look through the record of more to say about this, but today we civil rights for Mississippi in the 1960s Judge Pickering to see what he has have the opportunity to bring this and then we will cut your neck off in done. All the evidence is that Judge nomination to an up-or-down vote. the Senate in 2003, all in the name of Pickering, like Judge Wisdom, like I encourage all of my colleagues to civil rights? I certainly hope not. Judge Tuttle, Judge Rives, and Judge give him a vote on the floor of the Sen- Charles Pickering earned this nomi- Brown, stuck his neck out for civil ate. Let’s put this good man, this good nation. He is a worthy successor to the rights at a time when it was hardest to judge on the Fifth Circuit. court of Judge Wisdom, Judge Tuttle, do. Mississippians know that. The PRESIDING OFFICER (Mr. Judge Rives, and Judge Brown. William Winter, with whom I served, SUNUNU). The Senator’s time has ex- The PRESIDING OFFICER. The Sen- a leading former Democrat Governor, a pired. ator’s time has expired. leader for racial justice, strongly sup- Mr. HATCH. I yield the remainder of Mr. HATCH. Mr. President, I under- ports Judge Pickering. Frank Hunger, my time to the Senator from Ten- stand the time has been used. I know who served on that court with me as a nessee. the remarks of the distinguished Sen- law clerk back in the 1960s, President The PRESIDING OFFICER. The Sen- ator from Tennessee are much more Clinton’s Deputy Attorney General, Al ator from Tennessee has 3 minutes re- lengthy. I ask unanimous consent that Gore’s brother-in-law, strongly sup- maining—2 minutes remaining. immediately following the vote, he be ports Judge Pickering. I have lived in Mr. HATCH. How much time is re- given time to finish his remarks. the South for a long time, about the maining? The PRESIDING OFFICER. Is there same amount of time as Judge Pick- The PRESIDING OFFICER. The Sen- objection? ering. I have learned to tell those who ator has 2 minutes. Mr. LEAHY. What was the request? are racists, those who stood silently Mr. ALEXANDER. Mr. President, I Mr. HATCH. That immediately fol- by, and those who stuck their necks come at this differently than the Sen- lowing the vote on Judge Pickering, out. ator from Mississippi. I don’t know the distinguished Senator from Ten- Let me invite my colleagues to go Charles Pickering. I have met him nessee be given time to finish his re- back with me to Mississippi, to the late briefly only twice. But I care about the marks because he has prepared exten- 1960s. James Meredith had become the Fifth Circuit Court of Appeals. Bridget sively. only Black to graduate from the under- Lipscomb and I have studied his record Mr. LEAHY. Would the Senator like graduate school at Ole Miss. Reuben diligently. to ask for time to finish the remarks Anderson, who has endorsed Judge Nearly 40 years ago, I was a law clerk now, with the same amount of time Pickering, had become the first Black on the Fifth Circuit for the great Judge given to this side? If my friend from graduate of the Ole Miss Law School. John Minor Wisdom. I have been trying Tennessee wants to finish his speech In Nashville, where I went to school to think of something to say to the now, I will ask consent that he be at Vanderbilt, the first integrated class Members on the other side to help given that amount of time with an had just graduated from Vanderbilt them change their minds on this nomi- equal amount of time added to this University. Robert Clark became the nation. side. first black elected to the Mississippi Judge Wisdom was a member of the Mr. HATCH. That will be fine with Legislature since the Reconstruction. Federal court that ordered the Univer- me. It was not until 1968, that the first sity of Mississippi to admit James Mer- The PRESIDING OFFICER. Without blacks were permitted to participate in edith to Ole Miss. The Fifth Circuit objection, it is so ordered. intercollegiate athletics at the Univer- played a crucial role in desegregating Mr. ALEXANDER. Mr. President, sity of Florida and Georgia and Ten- the South. Judges Tuttle, Rives, that is very generous. How much time nessee and other Southeastern Con- Brown, and Wisdom were real heroes at do I have to finish the speech? ference schools. that time. Crosses were burned in front Mr. LEAHY. How much time does the The law had changed but there were of their homes. I will have more to say Senator need? still plenty of ‘‘colored only’’ signs on about this, but Judge Pickering is a Mr. ALEXANDER. May I ask for 10 restroom doors in plenty old southern worthy successor to the court of minutes? cities during the late 1960s. Martin Lu- Judges Wisdom, Tuttle, Rives, and Mr. HATCH. We have no objection. ther King was murdered in Memphis Brown. The PRESIDING OFFICER. Without during 1968. Alabama Governor George While those judges were ordering the objection, it is so ordered. Wallace won the Democrat primary for desegregation of Deep South schools, Mr. LEAHY. That is with an equal president in 1976 in Mississippi, and in while crosses were being burned in amount of time to our side. Boston, Massachusetts.

VerDate Mar 15 2010 22:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\2003SENATE\S30OC3.REC S30OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13548 CONGRESSIONAL RECORD — SENATE October 30, 2003 Perhaps my colleagues saw the Charles Pickering made public state- Honorable Trial Jurors in the Roy Strick- movie, ‘‘Mississippi Burning.’’ That ments condemning Klan violence. He land case saw through their scheme, and was about events during 1967 in Mis- worked with the FBI to prosecute and struck a blow in favor of Justice by returning a verdict of ‘‘Not Guilty.’’ sissippi. Civil rights workers Goodman, stop Klan violence. In the late 1960s, Praise be the Blessed Name of the Heav- Schwerner, and Chaney were murdered. Bowers came up for trial for the mur- enly Father, The Guardian of our Liberty They were picked up by three carloads der of the slain civil rights worker, Whose Holy Word is the only Truth and An- of Klansmen, shot and their bodies Vernon Dahmer, and Judge Pickering chor in a stormy world ruled by evil men op- were buried in a 15-foot earthen dam. testified publicly against Bowers. erating under color of Law In 1967, seven men were convicted of I ask unanimous consent to submit The honest facts regarding the Roy Strick- land Case are as follows: federal conspiracy charges, eight were for the record two documents. The first In the late summer of 1965 a series of acquitted and three received mistrials. is a Klan newsletter from 1967 criti- wholesale arrests were made in Jones County At the time, the state of Mississippi re- cizing Pickering for cooperating with with regard to a car theft ring. These arrests fused to file murder charges. To this the FBI. The second is Bowers’ own were made by local officials at the urging of day, no one has ever been tried for Motion for Recusal filed in Federal FBI Special Agent Bob Lee of Laurel, Miss. those murders. court, asking Pickering to remove Lee, following standard FBI practice, misrepresented the amount of evidence which he Wes Pruden, a young reporter at the himself from hearing a case involving time, told me he went to a Mississippi had regarding the car thefts, and deceived Bowers because of Pickering’s previous the local officials in order to get them to courtroom and everybody in the court- testimony against Bowers and taking make a larger number of arrests than his room except the judge had a button on credit for defeating Judge Pickering in evidence would warrant. Bob Lee’s motive in that said ‘‘Never.’’ That was the envi- a statewide race for attorney general. this was not so much to convict anyone with ronment in which Charles Pickering There being no objection, the mate- regard to the car thefts, but rather to bring was living in Laurel, Mississippi in rial was ordered to be printed in the additional underworld characters under FBI control where they could be used for crimi- Jones County in the late 1960s. RECORD, as follows: Blacks were just beginning to serve nal action and as stool pigeons. Roy Strick- [From the Citizen-Patriot] on juries. A few Blacks voted. Schools land was Bob Lee’s chief target in this regard. After being arrested in the late sum- were being desegregated one grade at a A NEWSLETTER DEDICATED TO TRUTH AND THE CHRISTIAN CIVILIZATION mer of 1963, Strickland was allowed and easy time starting with the lower grades so bond and released. Strickland was eventually that older children would have less op- ‘‘Where the Spirit of the Lord is, there is Lib- erty.—2 Corinthians 3:17. arrested and indicted (and released without portunity to interact socially. Race When in the course of human events it be- bond in two instances) on five separate was not a theoretical issue in Laurel in comes necessary for the Truth to be told counts of car theft which alleged to have oc- the late sixties, or even a political concerning massive animal corruption in curred during August and September of 1965. issue. People were killing people based Public Office, it is the Duty of the Public The arrests and indictments for these of- on race in the late 1960s in Jones Coun- Press to inform the Citizens. Unfortunately fenses spanned a period form September 1963 for the citizens of Jones County, J.W. West, through March 1966. At no time prior to ty, MS. April of 1967, however, did Dillard or Pick- The White Citizens Council, a group the Chief-Communist Propagandist, not only refuses to tell the Truth, but actually takes ering make an attempt to prosecute Roy of white collar, non-violent seg- Strickland on any of these cases. They were regationists was the country club a leading part in the direction of the evil public corruption which is strangling liberty all continued from time to time and from version of resistance to integration in in America. The Responsibility to Truth term to term in the Circuit Court of Jones Laurel. Klan members were known at must there be filled by the Citizens them- County at the request of the prosectution. that time in Laurel for putting on selves. These are the Publishers and Dis- Strickland was allowed to walk out of the their white robes, opening up their bi- tributors of the Citizen-Patriot. courtroom without even making bond on two bles, building a bonfire in a pasture, of the indictments until early in 1967. Then, PUBLIC OFFICE IS A PUBLIC TRUST on short notice, the oldest of the five cases crossing a sword and a gun over a bible, Its successful administration requires from was quickly called up for trial on April 22, and proceeding to burn down the home its Officials a Fear of God, rather than a fear 1967. of a black person. The KKK in Laurel of men, and those Officials who serve justly Why? the sudden change of attitude on the shot into homes and beat blacks over must be ambitious for the Glory of the Heav- part of Messers. Dillard and Pickering from the head with baseball bats. One did enly Father rather than ambitious for their that of a relaxed indulgence for a year and a not speak out lightly against the Klan own personal advancement or the advance- half to that of a sudden, vicious persecution because its members could very well be ment of some device to which they have a of Roy Strickland on charges that were vested attachment. Our Father has promised nothing more than frame-ups in the first your neighbor or your co-worker. place? Let’s look into the Hidden Truth The Klan infiltrated law enforcement and amply demonstrated that He will prosper a Nation whose Officers serve Him. And, which the Communist, J.W. West is trying to departments and juries. The Klan put conversely, He will wreak vengeance and conceal from the citizens of Mississippi. out fliers instructing residents not to punishment upon a Nation whose officers are llll was out on bond doing work on oil cooperate with the FBI on cases. self-serving men pleasures. All citizens owe a rigs in Louisiana in January of 1966 when he Laurel was Klan territory. It was the high Duty to law and government, but all was contacted by Ford O’Neil. O’Neil ad- home of Sam Bowers. Bowers had cre- men owe a higher duty to our Heavenly Fa- vanced a proposition to Strickland asking ated the White Knights of the Ku Klux ther, the Author of Truth and Liberty. him to help the State Investigators and the FBI in some work to kidnap and torture a Klan because he believed that the reg- LET FACTS BE SUBMITTED TO A CANDID confession out to Lawrence Byrd on the POPULATION ular KKK was not violent enough. The Dahmer case. Ford O’Neil promised Ray Klan was out to resist integration, but The Base of the Political Corruption which Strickland that in exchange for this work, that was not enough for Sam Bowers. is sweeping our Beloved Land of America lies the FBI and State Investigators would pres- The White Knights set out to oppose in the Establishment of a National Police sure Chet Dillard not to prosecute Strick- racial integration ‘‘by any means nec- Bureau, which brings pressure to bear upon land on the car thefts. Strickland agreed to essary.’’ local officials. By a calculated means of Fear assist in the Lawrence Byrd kidnap and tor- Since 9/11 we have heard a lot of talk and Lust for Reward, this Beast of Satan di- ture, and brought in Jack Watkins, another rects its pressure in such a way that the about terrorists. This is not the first ex-convict, who at that time was wanted for local government is, in fact, woed against burglary and armed robbery in the Coast time we have seen terrorists in Amer- the local citizens and their local interests. area. Jack Watkins was also promised immu- ica. We had terrorists then. Sam Bow- The honest citizens of Jones County have nity from his crimes by the State Investiga- ers and the White Knights of the Ku recently been defrauded by certain officials tors and FBI agents. Later, Roy Strickland, Klux Klan in Laurel, MS, were the ter- in an outstanding and clear-cut example of Jack Watkins, Ford O’Neil, MHSP, Steve rorists of the 1960s. The FBI said the the above, whereby the Spirit of the Law was Henderson, NHSP, Roy K. Moore, Chief Spe- White Knights were responsible for at frustrated under the Color of the form and cial agent, FBI, and Bill Dukes, Gulfport least 10 killings then. The Times of letter of legality by the clever manipula- Special agent, FBI, got together to make London said Bowers himself was sus- tions of Chet Dillard and Charles Pickering. final plans and arrangements for the actual Fortunately, this pair were not completely kidnapping and torture of Lawrence Byrd. pected of the orchestration of 300 successful in their attempt to pervert justice To show ‘‘good faith’’ Roy Moore gave Ford bombings. in the Circuit Court. By the cunning use of O’Neil a hundred dollars, and Ford passed it According to the Baton Rouge Advo- their official positions for personal benefit over to Roy Strickland to bind the deal. Sev- cate, Sam Bowers was ‘‘America’s most they were able to operate their evil llll eral days later Strickland, Watkins and sev- violent living racist.’’ before the Honorable Grand Jury; but the eral others did carryout the actual kidnap

VerDate Mar 15 2010 22:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\2003SENATE\S30OC3.REC S30OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 30, 2003 CONGRESSIONAL RECORD — SENATE S13549 and torture of Lawrence Byrd. The FBI men should realize that Public Service in Amer- How about a Laurel citizen and business- stood in the bushes out of sight and directed ica requires a Personal Sacrifice on the part man being kidnapped and tortured into con- Byrd’s statements while Watkins tortured of the officeholder, and that the purpose of fession something he had not done? Byrd. This was the confession which resulted Law in America, is Equal Justice, rather Are you going to enforce the law without in the arrest of a dozen or so innocent white than the protection of official Bureaucratic fear or favor, Messrs Dillard and Pickering, men in the Dahmer case. Criminals. or are you going to crawl and whine at the At first, it seemed that the evil plot of the Whatever his past, Roy Strickland was feet of the unconstitutional national police FBI would succeed. J.W. West was giving working on an honest job when the FBI en- bureaucracy? Are you going to do your duty them massive doses of propaganda in order ticed him to kidnap Lawrence Byrd. Whether and arrest Jack Watkins or are you going to to convince the men before the ever entered or no he stole the car? He is charged with, continue to try and confuse, mislead and ma- the courtroom and to the general public they there is little or no real evidence against nipulate the Grand Jury? were looking like ‘‘Lynden’s Little Angels.’’ him in any of them to establish his guilt. Why were Dillard and Pickering so anxious But there was a cloud on the horizon. The But the Supreme Injustice of the whole busi- to persecute old Buck, who only stole a few plot started coming to pieces when Strick- ness is that he is being persecuted by Chet hundred dollars, yet so reluctant to indict land was arrested on a drunk charge early in Dillard not for car theft, or contempt, or per- the F.B.I. criminals who are stealing the life 1967 in Jones County. FBI Chieftan, Roy K. jury, but because he told the Truth about the and liberty of the whole country. Which way Moore, was getting worried about Strick- FBI kidnapping and torturing a ‘‘confession’’ is the money moving now? land, as was Ford O’Neil. They wanted him out of Lawrence Byrd. Thanks to the Infinite to stay out of Jones County until after the Mercy of the Heavenly Father, the people of IN THE UNITED STATES DISTRICT COURT FOR Dahmer case was tried. Strickland was wor- Jones County understand the purpose of the THE SOUTHERN DISTRICT OF MISSISSIPPI, rying them by coming back to Jones County Law better than their Public Officials. We HATTIESBURG, MISSISSIPPI at frequent intervals and going on drinking respectfully invite the loyal citizens of Jones sprees. All during 1966 rumors had been cir- Sam Bowers, Katie Perrone, Michelle County to return to the polls on Aug. 8, 1967, O’Hara, Jeff Rexroad, and Shawn O’Hara culating in Laurel that Strickland knew and have Then and There this WRIT. something about the Lawrence Byrd kidnap- (Plaintiffs), vs. Mike Moore and the State of Mississippi (Defendants). torture, and there was an ever-present dan- [From the Citizen Patriot] ger that Strickland might reveal the whole MOTION FOR RECUSAL In times past, this publication has repeat- thing to the wrong person during one of his Comes now Shawn Richard O’Hara, on his edly alerted the citizens of Jones County to binges. Roy K. Moore could not rest easy as behalf, and on the behalf of Sam Bowers, the danger to Life, Liberty and Property, long as Roy Strickland was in Jones County, Michelle O’Hara, and Jeff Rexroad, asking which is posed by the continued operation of whether in or out of jail, but it was finally that both Judge Charles Pickering and the a communist newspaper under the director of agreed that it was better to leave Strickland honorable magistrate who is handling this the evil J.W. West. in jail, and try to ease him off to Parchman, civil action to remove themself as a result of Violence and anarchy always follow in the even if it meant double crossing him. some or all of the reasons listed below. wake of atheists and materialistic economic However, Strickland began to realize that 1. Both men live in Mississippi and cannot claptrap which communists preach, and Lau- the FBI was trying to use everybody against fairly hear this case, since said plaintiffs rel is no exception. everybody, and then betray everybody for claim Mississippi has no legal state constitu- Freedom of the Press is predicated upon the sole benefit and advancement of the FBI. tion, thus meaning that if either of the said the press telling the truth. But, of course, Strickland then decided to tell the truth and judge or magistrate was licensed to practice West is interested in centralized power and take his chances in open court. He contacted law in said state, since there is, and was no control of the population, so he is not going the defense attorneys in the Dahmer case legal state constitution, said judge and/or to print the truth about what is going on in and gave them the full facts about the FBI- magistrate may not be legally licensed to the Circuit Court of Jones County. engineered kidnap and torture of Lawrence practice law. District Attorney Chet Dillard and Charles Byrd. This, and much other supporting evi- 2. Specifically Judge Pickering has person- Pickering have been furnished with positive dence was turned over to Chet Dillard in ally prejudiced himself against Sam Bowers order to obtain a just indictment for kidnap- proof concerning the kidnap and beating of by testifying against him in one of Mr. Bow- ping against Roy K. Moore, Bill Duke, Ford Lawrence Byrd in January of 1966 in Laurel, ers state hearing, saying Sam Bowers was an O’Neil, Steve Hendrickson and Jack Wat- but they will not bring these facts before the ‘‘undesirable individual.’’ kins. When first given the evidence, Dillard Grand Jury. The facts show the following: 3. Specifically Judge Pickering has preju- appeared to be interested in enforcing the 1. Lawrence Byrd was kidnapped under the diced himself against Shawn O’Hara, by law without fear or favor, but when the prop- direction of the F.B.I., with collaboration by tainting this court document, and cannot er FBI pressure was applied to him he caved Mississippi State Highway Patrol investiga- prove Shawn O’Hara has ever filed four frivo- in like a ripe watermelon, and defended the tors and assistance of ex-convicts and want- lous federal lawsuits. Therefore, the said FBI men before the Grand Jury, and worked ed felons. The convict felons were hired and judge has openly, intentionally, and unfairly against the indictment, using trickery, lies paid by the F.B.I. and promised immunity by lied against Shawn O’Hara, even though the and deceit to hobble the work of the Honest the state investigators in order to get them Bible says ‘‘thou shall not lie.’’ (See Exhibit Jurors. (The District Attorney is permitted to kidnap and torture Byrd. A.) to lie to the jurors because he is not under 2. The motive for the kidnap was to beat 4. In conclusion, since both Judge Charles oath, all witnesses must testify under the and torture Lawrence Byrd into confessing Pickering and the honorable magistrate both oath.) to the Dahmer incident and force him into live in Mississippi (a state in which its state The FBI is desperately trying to suppress implicating a large number of other men who constitution is asserted to be illegal), and be- the truth in this case (just as they did in the are politically opposed to dictatorship. This Kennedy assassination) and Dillard and cause both men work together, and because was to enhance the prestige of the F.B.I. as Pickering are Helping the FBI to conceal its Shawn O’Hara is asserting Judge Charles an investigative organization, and to fright- crime against the people of Jones county. Pickering has been an unfair judge handling en the citizens of Jones County and Mis- Roy K. Moore, Chief special Agent of the Na- this matter, and that the said judge will sissippi into submitting to dictatorship. tional Police Bureaucracy in Mississippi is a never be a fair judge in a case which Sam 3. The men who arranged and conducted highly trained, brilliant, self-serving savage. Bowers and/or Shawn O’Hara is a part of the Byrd kidnap were: Roy Moore, F.B.I.; The American Government means nothing to such a case, both Judge Pickering and the Bill Dukes, F.B.I.; Steven Henderson, him, beyond its mechanical ability to collect federal court’s magistrate are asked to re- M.H.P.; Ford O’Neil, M.H.P.; Jack Watkins, taxes from honest working people, and then move themself from said case. pay money back to him in the form of a convict felon, Roy Strickland, convict felon, CONCLUSION large, comfortable, unearned salary, and and others. Dillard and Pickering have sworn present him the power and prestige of an of- affidavits in their possession, but they refuse It is prayfully requested of this court, that ficial ruler over mankind. Roy K. Moore is a to do their duty and present the whole body a new federal court judge and magistrate be criminal who was smart enough to acquire of evidence to the Jones County Grand Jury. appointed from a northern state, or from a an education and an official position BE- They offer as their lame excuse that ‘‘too western state, since a southern judge will FORE he began to prey upon the honest and many important persons are involved.’’ not fairly hear the issue that the State of productive members of the community. Now, Since when has the LAW been a respecter Mississippi is operating under an illegal con- he will, like any other criminal, threaten, of persons? stitution of 1890, which all state officials are beat, rob, torture, persecute and kill anyone It is high time that we found out the real asked to swear to it, and uphold it, even who interferes with the advancement of his truth about the American Gestapo, the F.B.I. though it was never ratified, voted on by the personal career, which, to him, is the ‘‘whole If some ‘‘important persons’’ get hurt by people of the State of Mississippi. of the law.’’ Truly, it may be said that these truth that is just too bad. They are a dis- Respectfully submitted by: on behalf of highly trained criminals of the National Po- grace to law enforcement. Shawn Richard O’Hara, Sam Bowers, lice Bureaucracy are the most dangerous How about 15 innocent men being thrown Michelle O’Hara, and Jeff Rexroad. animals upon the face of the earth. into Federal Prison just because they have V. It is a well-known fact, Charles Pick- Understandably, weaklings such as Dillard been a political embarrassment to the police ering was defeated in his personal race for and Pickering are afraid of the FBI, but they dictators and J.W. West? federal office against Thad Cockran, because

VerDate Mar 15 2010 22:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\2003SENATE\S30OC3.REC S30OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13550 CONGRESSIONAL RECORD — SENATE October 30, 2003 Sam Bowers and his thousands of supporters racial animus necessary to be guilty of a Division at the time (Hunger was also well throughout Mississippi worked very hard to hate crime under federal law. known as the brother-in-law of vice presi- defeat Pickering in that political race. The case went to trial in Pickering’s court- dent Al Gore). Pickering says he called Hun- VII. It is a well-known fact that Sam Bow- room. During the course of testimony, Pick- ger to express ‘‘my frustration with the gross ers’ friends helped defeat Charles Pickering, ering came to suspected the Civil Rights Di- disparity in sentence recommended by the Sr. when he ran against Bill Alian for Attor- vision had made a plea bargain with the government, and my inability to get a re- ney General of the State of Mississippi. wrong defendant. No one questioned the Jus- sponse from the Justice Department in tice Department’s decision to go easy on the Washington.’’ Hunger told Pickering that [From Byron York, NR White House low-IQ Thomas, but the 17-year-old was a dif- the case wasn’t within his area of responsi- Correspondent, Jan. 9, 2003] ferent case. ‘‘It was established to the satis- bility. It appears that Hunger took no action THE CROSS BURNING CASE: WHAT REALLY faction of this court that although the juve- as a result of the call. (Hunger later sup- HAPPENED nile was younger than the defendant Daniel ported Pickering’s nomination to the federal Swan, that nevertheless the juvenile was the In their renewed attacks on Bush appeals- appeals courts.) ring leader in the burning of the cross in- court nominee Charles Pickering, Democrats Finally, Pickering got word from Civil volved in this crime,’’ Pickering wrote in a have focused on Pickering’s rulings in a 1994 Rights Division prosecutors, who said they memorandum after the verdict. ‘‘It was cross-burning case. Accusing Pickering of had decided to drop the demand that Swan clearly established that the juvenile had ra- ‘‘glaring racial insensitivity,’’ they charge be given the five-year minimum portion of cial animus.... The court expressed both that he abused his powers as a U.S. District the recommended sentence. Pickering then to the government and to counsel for the ju- Court judge in Mississippi to give a light sen- sentenced Swan to 27 months in jail. At the venile serious reservations about not impos- tence to a man convicted of the crime. ‘‘Why sentencing hearing, Pickering told Swan, ing time in the Bureau of Prisons for the ju- anyone would go the whole nine yards and ‘‘You’re going to the penitentiary because of venile defendant.’’ then some to get a lighter sentence for a what you did. And it’s an area that we’ve got In addition to the 17-year-old’s role as to stamp out; that we’ve got to learn to live, convicted cross burner is beyond me,’’ New leader, there was significant evidence, in- York Democratic Sen. Charles Schumer said races among each other. And the type of concluding the fact that he had once fired a shot duct that you exhibited cannot and will not Wednesday. ‘‘Why anyone would do that—in into the mixed-race couple’s home, sug- 1994 and in a state with Mississippi’s his- be tolerated .... You did that which does gesting that he had a history of violent hos- hinder good race relations and was a des- tory—is simply mind-boggling.’’ tility to blacks that far outweighed any ra- But a close look at the facts of the case picable act .... I would suggest to you that cial animosity felt by Daniel Swan. Swan during the time you’re in the prison that you suggests that Pickering’s actions were not had no criminal record, and seven witnesses only not mind-boggling but were in fact a do some reading on race relations and main- testified that they were not aware of any ra- taining good race relations and how that can reasonable way of handling a difficult case. cial animus he might have held against Here is what happened: be done.’’ black people. On the other hand, one witness So Swan went to jail, for a bit more than The crime took place on January 9, 1994. testified that he believed Swan did not like Three men—20-year-old Daniel Swan, 25- two years rather than seven. Every lawyer in blacks, and Swan admitted under ques- the case—the defense attorneys, the prosecu- year-old Mickey Herbert Thomas, and a 17- tioning that he had used the ‘‘N’’ word in the year-old whose name was not released be- tors, and the judge—faced the difficulty of past. In the end, Swan was found guilty— dealing with an ugly situation and deter- cause he was a juvenile—were drinking to- there was no doubt that he had taken an ac- gether when one of them came up with the mining the appropriate punishment for a bad tive role in the cross burning—and the Jus- guy and a somewhat less-bad guy. Pickering, idea that they should construct a cross and tice Department recommended that he be burn it in front of a house in which a white who believed the Civil Rights Division went sentenced to seven and a half years in jail. too easy on the 17-year-old bad guy, worked man and his black wife lived in rural At that point, the Justice Department had Walthall County in southern Mississippi. out what he believed was the best sentence already made a no-jail deal with the 17-year- for Daniel Swan. It was a real-world solution While it is not clear who originally sug- old. When it came time to sentence Swan, gested the plan, it is known that the 17-year- to the kind of real-world problem that the Pickering questioned whether it made sense justice system deals with every day. And it old appeared to harbor some sort of hostility that the most-guilty defendant got off with a toward the couple; on an earlier occasion, he was the end of the cross-burning case until misdemeanor and no jail time, while a less- Pickering was nominated by President Bush had fired a gun into the house (no one was guilty defendant would be sentenced to seven hit). Neither Swan nor Thomas was involved to a place on the Fifth Circuit Court of Ap- and a half years in prison. ‘‘The rec- peals. in the shooting incident. ommendation of the government in this in- The men got into Swan’s pickup truck, stance is clearly the most egregious instance went to his barn, and gathered wood to build [From Byron York, NR White House of disproportionate sentencing recommended Correspondent, Jan. 13, 2003] an eight-foot cross. They then drove to the by the government in any case pending be- THE CROSS-BURNING CASE: WHAT REALLY couple’s house, put up the cross, doused it fore this court,’’ Pickering wrote. ‘‘The de- HAPPENED, PART II with gasoline, and set it on fire. fendant [Swan] clearly had less racial ani- Because the case involved a cross burning mosity than the juvenile.’’ After the publication last Thursday of covered under the federal hate-crimes stat- Compounding Pickering’s concern was a ‘‘The Cross Burning Case: What Really Hap- ute, local authorities immediately brought conflict between two federal appeals-court pened,’’ readers have asked follow-up ques- in investigators from the Clinton Justice De- rulings over the applicability of a statutory tions about the 1994 trial that Democrats partment’s Office of Civil Rights. After the mandatory minimum sentence to the case. cite to accuse federal-appeals-court-nominee three suspects were arrested in late Feb- The Justice Department insisted that Swan Charles Pickering of ‘‘racial insensitivity.’’ ruary, 1994, lawyers for the civil-rights office be sentenced to a minimum of five years New York Sen. Charles Schumer and others made the major decision in prosecuting the under one statute and two and a half years charge that Pickering, a U.S. District Court case. under a separate law. Pickering doubted judge in Mississippi who has been nominated In a move that baffled and later angered whether both were applicable to the case and for a place on the Fifth Circuit Court of Ap- Judge Pickering, Civil Rights Division pros- asked Civil Rights Division lawyers whether peals, abused his powers to win a light sen- ecutors early on decided to make a plea bar- the same sentencing standards were used in tence for a man convicted of burning a cross gain with two of the three suspects. The cases in other federal circuits. The prosecu- in the front yard of a mixed-race couple. first, Mickey Thomas, had an unusually low tors said they would check with Washington Here are some of the questions that have IQ, and prosecutors decided to reduce for an answer. been asked about the case, along with an- charges against him based on that fact. The Pickering set a sentencing date of January swers based on the best available informa- second bargain was with the 17-year-old. 3, 1995. As the date approached, he waited for tion: Civil Rights Division lawyers allowed both an answer from the Justice Department. He Why did the Clinton Justice Department men to plead guilty to misdemeanors in the asked in November, 1994 and received no re- give a no-jail misdemeanor plea bargain to cross-burning case (the juvenile also pleaded sponse. He asked again in December and re- the 17-year-old defendant—who was the ring- guilty to felony charges in the shooting inci- ceived no response. He asked again on Janu- leader in the crime, who appeared to be mo- dent). The Civil Rights Division rec- ary 2, the day before the sentencing, and still tivated by racial hatred, and who had on an ommended no jail time for both men. received no response. He delayed sentencing, earlier occasion fired a shot into the home of The situation was different for the third and on January 4 wrote a strongly-worded the mixed-race couple—while demanding defendant, Daniel Swan, who, like the oth- order to prosecutors demanding not only that the other defendant, Daniel Swan—who ers, faced charges under the hate-crime stat- that they respond to his questions but that was not the ringleader, who apparently did ute. Unlike the others, however, Swan plead- they take the issue up personally with At- not share the 17-year-old’s racial animus, ed not guilty. The law requires that the gov- torney General Janet Reno and report back and who had no role in the shooting inci- ernment prove the accused acted out of ra- within ten days. dent—be sent to jail for seven and a half cial animus, and Swan, whose defense con- Shortly after issuing the order, Pickering years? sisted mainly of the contention that he was called assistant attorney general Frank Hun- The answer is not entirely clear; the Jus- drunk on the night of the cross burning, ger, a Mississippian and friend of Pickering’s tice Department’s prosecution memos and maintained that he simply did not have the who headed the Justice Department’s Civil other internal deliberation documents are

VerDate Mar 15 2010 22:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\2003SENATE\S30OC3.REC S30OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 30, 2003 CONGRESSIONAL RECORD — SENATE S13551 confidential, and no one who was involved in shot into the home of the mixed-race couple Had Pickering ever shown similar concerns the prosecution has publicly explained the in whose yard he and Swan would later burn about heavy sentencing of other defendants, department’s motives. but there is enough the cross. (The Justice Department allowed particularly African Americans, in cases publicly available evidence to suggest a few the 17-year-old to plead guilty to a felony in that had nothing to do with race? conclusions. First, and most obviously, the that incident, all as part of the no-jail plea On March 14, 2002, at the Judiciary Com- 17-year-old agreed to plead guilty, which bargain.) Swan had nothing to do with that mittee meeting in which Democrats killed often helps a defendant receive a reduced shooting, and had no criminal record. The the Pickering nomination, Sen. Edward Ken- sentence. (It’s not clear why the Justice De- other evidence of racial animus came out nedy suggested that Pickering practiced a partment dealt with the 17-year-old as a ju- during the sentencing phase of the trial— selective form of leniency—that he went venile; given the seriousness of the crime, he well after the government had agreed to the easy on a racist cross burner and tough on could have been treated as an adult.) Swan juvenile’s guilty plea. This is how Pickering everybody else, including blacks convicted of did not agree to plead guilty. While he never explained it in his February 12, 2002 letter to crimes in his court. One week later, on denied that he took part in the cross burn- Hatch: March 21, Pickering sent Hatch a letter in ing, he did deny that he acted out of racial ‘‘At sentencing. . . . courts must also take which he said,‘‘I have consistently sought to animus, which is required for a heavy sen- into account evidence of the defendant’s his- keep from imposing unduly harsh penalties tence under the federal hate crimes statute. tory. This is where the breadth of disparity on young people whom I did not feel were He chose to take his chances at trial, and in racial animus between the 17 year-old and hardened criminals.’’ (Swan was a first-time Swan became clear. While the 17 year-old was convicted. At that point, there was no offender.) Pickering went on to describe sev- and Swan had both used the ‘‘N-word’’ pre- question he would go to prison. Pickering eral cases in which ‘‘departed downward,’ viously, the 17 year-old’s own grandmother felt strongly that Swan should serve time, that is, reduced the sentences of first-time stated that he did not like ‘‘blacks’’ and his but he believed that seven-and-a-half years offenders from the mandatory minimums re- own mother stated that he ‘‘hated N--- was too long, in light of the leniency given quired by law. s.’’ (Emphasis added.) In contrast, seven to the 17-year-old and the other cir- ‘‘One case involved a 20-year-old African witnesses and Swan’s mother stated that he cumstances of the case (discussed below). American male who faced a mandatory min- had no racial animus; only one witness stat- Another possible explanation for the easy imum five year sentence,’’ Pickering wrote. ed that Swan did not like African Ameri- treatment given to the 17-year-old is that ‘‘I departed downward to 30 months. I also cans, and this was disputed. Further, the 17 the no-jail plea offer was made by the United recommended that he be allowed to partici- year-old had acted on his ‘‘hate’’ by fighting States Attorney’s Office in Mississippi (and pate in the intensive confinement program with African Americans at school, resulting accepted by the defendant) before all the which further reduced his sentence.’’ Pick- facts of the case were known. The govern- in his suspension. Swan had neither fought with African Americans nor been suspended ering also described the case of a 58-year-old ment’s insistence on a mandatory minimum black man who faced a five-year mandatory seven-and-a-half year sentence for Swan for any racial incident. Moreover, the 17 year-old had shot a firearm into the home of sentence, plus a minimum of 46 months for a came later, after lawyers from the Justice separate drug charge. Pickering again sen- Department’s Civil Rights Division became the mixed-race couple in whose yard the cross was later burned and bragged about tenced the man to 30 months. In two other involved. While they wanted a stiff sentence cases, he threw out any jail time for men for Swan, it appears that the Civil Rights Di- ‘‘shooting at some N----s.’’ Swan had never shot at or into the home of African who faced prison terms of 18 and 40 months, vision lawyers also realized that letting the respectively. Both defendants were black. ‘‘I 17-year-old off with no jail had been a mis- Americans, or anyone else. In short, even though both participated in the heinous have departed downward in far more cases take. In a February 12, 2002 letter to Repub- involving African Americans than I have in lican Sen. Orrin Hatch, Pickering cited the crime, the 17 year-old defendant also had a history of escalating violence motivated by cases involving white defendants,’’ Pickering transcript of an open court session in which the racial hatred that culminated in his par- wrote. he told Civil Rights Division lawyer Brad ticipation in the cross burning, while Swan Pickering sent Hatch the names of the Berry that he felt the Swan case was an ex- did not.’’ cases, the case numbers, letters from the de- ample of disparate sentencing. Berry an- Was Pickering’s communication with the fense lawyers involved, and the phone num- swered, according to the transcript cited by Justice Department improper? bers of people to call to check his account of Pickering, that, ‘‘Perhaps the lesson—the At Pickering’s second confirmation hear- his sentencing practices. Of course, by that lesson that I take from that, your Honor, is ing, North Carolina Democratic Sen. John time, Democrats on the committee had al- that perhaps the government should have Edwards accused him of violating the Code of ready killed his nomination on a straight been more tough—should have asked for a Judicial Conduct by calling top Justice De- party-line vote. more stringent or stronger or longer sen- partment official (and fellow Mississippian) tence for the other defendants in this case.’’ Frank Hunger to discuss the Swan case. In [From the Atlanta Journal-Constitution, There are also some indications that at that call, Pickering expressed his frustration Mar. 9, 2003] least one Justice Department lawyer in- with the Justice Department’s position; THE CROSS-BURNING TRIAL, JUDGE’S HAN- volved in the case agreed with Pickering Hunger told Pickering the case wasn’t with- DLING OF ONE CASE GAVE HIS CRITICS AM- that the department’s sentencing demand for in his area of responsibility, and the two MUNITION Swan was too severe. In a January 5, 1995 men ended the conversation. (By Bill Rankin) memo to Linda Davis, who was head of the The section of the Code to which Edwards criminal section of the Civil Rights Division, referred is a rule intended to prevent judges Charles Pickering has heard hundreds of federal prosecutor Jack Lacy recounted sev- from making secret deals with one side or legal arguments and handed down thousands eral sessions with Pickering on the Swan another in a case. It says: ‘‘A judge should of rulings, but his judicial reputation hangs issue (memo was made public as part of . . . neither initiate nor consider exparte almost entirely on one explosive case. Pickering’s confirmation hearings.) ‘‘The communications on the merits, or proce- In 1994, the federal judge put extraordinary impulse to the conversation is always the dures affecting the merits, of a pending or pressure on federal prosecutors to slash the same,’’ Lacy wrote. ‘‘He thinks the sentence impending proceeding.’’ Pickering explained sentence of Daniel Swan, a man who had facing Swan is draconian, and he wants a to the Judiciary Committee that he had pre- burned a cross outside an interracial couple’s way out. He has been careful to phrase his viously discussed his concerns at length with home in rural Mississippi. Democrats and concern in such terms as, ‘I wish you could both sides in the Swan case and that the call liberal interest groups have hammered Pick- suggest some way that this harsh sentence to Hunger was a ‘‘follow-up’’ to see if the ering with the case, branding him as racially could be avoided.’’’ Later in the letter, Lacy Justice Department was going to respond to insensitive and unfit to serve on a federal ap- wrote that he ‘‘personally agreed with the his questions about the sentencing. None of peals court. judge that the sentence is draconian,’’ but that, he explained, touched on the merits of ‘‘Why anyone would go the whole 9 yards, said he also reminded Pickering that Swan the case, and thus the call was not improper. and then some, to get a lighter sentence for could have pleaded guilty but instead, ‘‘the In addition, last February, Hunger, a life- a convicted cross-burner is beyond me,’’ Sen. defendant repeatedly chucked our offers in long Democrat who also happens to be Al Charles Schumer (D–N.Y.) said during a our teeth.’’ Gore’s brother-in-law, wrote a letter to the hearing on Pickering’s first appeals court Finally, as the last few words of that pas- Judiciary Committee saying, ‘‘I think it ap- nomination last year. ‘‘Why anyone would do sage suggest, it is possible that Swam—and propriate that it be known that I have little that in 1994, and in a state with Mississippi’s the whole vexing case—simply made prosecu- or no recollection of the call. The signifi- sad history of race relations, is simply mind- tors mad. They could not undo the damage cance of this to me is that had I felt at the boggling.’’ they had done by letting the 17-year-old off time that there was anything inappropriate But a review of the case by The Atlanta with no jail time, but they could compensate or improper about Judge Pickering’s call I Journal-Constitution, part of the news- by meting out heavy punishment to Swan. would most assuredly remember it today.’’ paper’s broad look at Pickering’s record on How did Pickering know that the 17-year- Continuing, Hunger told the committee, ‘‘I the bench, finds that the judge apparently old harbored the racial animus required for a have known Judge Pickering for nearly thir- acted out of a concern for fairness. Two severe sentence under the hate crime stat- ty years and have the utmost respect for him cross-burning co-defendants, including the ute, while Swan did not? as a fair-minded judge who would never purported ringleader, had received far light- The first and clearest reason is the earlier knowingly do anything improper or uneth- er sentences than Swan, and Pickering saw incident in which the 17-year-old had fired a ical.;; that as unjust.

VerDate Mar 15 2010 22:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\2003SENATE\S30OC3.REC S30OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13552 CONGRESSIONAL RECORD — SENATE October 30, 2003 Prosecutors would have no reason to sym- no more than nine years. Pickering quickly one-vote principle, suggesting courts may pathize with the judge, as it was the stiff vacated Evans’ sentence and later sent him have applied it too rigidly sometimes. sentence they sought that the judge was at- to prison for 10 years—five months less than The courts ‘‘should be cautions in their ob- tacking. Yet an internal Justice Department what the co-defendant received. trusion into what otherwise would be a legis- account of a closed-door meeting held by ‘‘He has tried to treat people fairly,’’ said lative manner,’’ he wrote in denying a chal- Pickering shows the judge deeply troubled Lloyd Miller, a U.S. probation officer who lenge to election districts in Forrest County, by the sentencing disparity. prepared sentencing reports in Pickering’s Miss. At the same time, the Justice Department courtroom for more than a decade. ‘‘It didn’t Legislative bodies, when drawing voting memo, written by a lawyer in the case, lends matter whether you were black or white, districts, must consider the convenience of at least some support to the charges of whether you were a pauper or if you had new districts to voters and their costs, Pick- Pickering’s opponents. It depicts the judge money.’’ ering wrote. Court rulings that ordered some worrying about how a harsh sentence on Pickering, who would not comment for districts be redrawn have shown, Pickering Swan would play in the community—pre- this article pending a vote on his renomina- added, ‘‘that very few of those responsible sumably the white community—a factor that tion, has said that in almost all the criminal for handing down these decisions ever had should be irrelevant to the pursuit of justice. cases that came before him involving non- the responsibility themselves of carrying out In the case, two men and a 17-year-old boy violent first offenders, he has tried to lessen these decisions or trying to comply with were out drinking on the night of Jan. 9, their sentences. them.’’ Pickering’s application of judicial re- 1994. They set fire to an 8-foot-tall cross out- ‘‘I have consistently sought to keep from straint is in line with that of many federal side the Improve, Miss., home of a white man imposing unduly harsh penalties on young judges. Like many other jurists put on the and his African-American wife. people whom I did not feel were hardened bench by Republican presidents, Pickering Two defendants—Mickey Herbert Thomas criminals,’’ Pickering wrote in a letter to appears disinclined to tinker at the margins and the juvenile—pleaded guilty to federal Senate Judiciary Chairman Orrin Hatch (R– of social dilemmas as would a more activist civil rights charges. Following recommenda- Utah) following his combative confirmation judge. tions from prosecutors, Pickering sentenced hearings last year. As such, Pickering would find himself at both to probation with home confinement. Pickering has not addressed his reported home at the 5th U.S. Circuit Court of Ap- As it turned out, the 17-year-old was likely worry about a white backlash in the cross- peals, widely considered one of the more con- the instigator, who would later admit to fir- burning case because the Justice Depart- servative appellate courts in the country. ing a shot through the interracial couple’s ment memo has not been publicized until A WILL TO GET HIS WAY window. now. But there is substantial evidence, both Liberal critics have complained about the The final defendant, Swan, 20, went to from his civic life and judicial record, to be- judge’s general conservatism. But it is ques- trial. He admitted being at the scene but lieve that he does not cater to white people’s tionable how much those complaints would said he was not there out of racial animos- particular interests. resonate without the cross-burning case ity. The jury found otherwise, convicting In a 1999 essay on race relations in the against Swan and his two co-defendants. him on three counts. Federal prosecutors Jackson Clarion-Ledger, Pickering addressed The case shows Pickering exerting his will then asked Pickering to sentence Swan to racial bias in the courts, empathizing with and the power of the federal bench to get his 71⁄2 years in prison. black, not white, concerns. He counseled way from the Justice Department’s civil Pickering strongly criticized the sen- whites who were angry about the recent ac- rights lawyers in Washington. tencing disparity. He persuaded prosecutors quittal of a black murder suspect to look at At trial, Swan was convicted of three to drop one count in order to void one con- the justice system from a black perspective. counts: violating the interracial couple’s viction that required a five-year mandatory White Mississippians may not realize that civil rights, interfering with their federally sentence. Pickering eventually sentenced African-Americans are treated differently by protected housing rights and using fire when Swan to two years and three months in pris- the system, he wrote, but ‘‘it is the truth he committed a crime, which prosecutors on. and a most disturbing one if you are black.’’ said carried a mandatory, consecutive five- As a judge, Pickering has thrown out only FAITH IN JUSTICE ‘‘DESTROYED’’ year sentence. two jury verdicts, both times because he felt That move troubled Brenda Polkey, one of Pickering not only thought the 71⁄2-year the verdicts were biased against minority the victims of the cross-burning incident. sentence sought by prosecutors for Swan was plaintiffs. Last year, she wrote to the Senate Judiciary unfair, but he also questioned whether a five- In one of the cases, in 1993, an African- Committee in opposition to Pickering’s ap- year mandatory sentence for one of the American woman was injured at a res- peals court nomination, fueling the Demo- counts applied to the cross-burning case, as taurant. The jury awarded the woman only crats’ attack. prosecutors contended. Pickering noted what the restaurant argued she should re- Polkey, who had lost a family member to there was a split in the federal appeals ceive. Pickering ordered a new trial, and the a racial killing, said she had ‘‘experienced courts on that very issue. second jury awarded the woman a larger incredible feelings of relief and faith in the Pickering repeatedly asked Civil Rights judgment. justice system’’ when a predominantly white Division lawyers to explain to him whether jury convicted Swan. OTHER ISSUES the same sentencing standards were being ‘‘My faith in the justice system was de- Interest groups opposing the judge main- used in other cases across the country. After stroyed, however, when I learned about tain the cross-burning case is just part of a receiving no answers, Pickering demanded Judge Pickering’s efforts to reduce the sen- pattern of the judge’s racially questionable the issue be addressed to then-U.S. Attorney tence of Mr. Swan,’’ she wrote. ‘‘I am aston- rulings. General Janet Reno. Pickering even called ished that the judge would have gone to such Opponents point to the Pickering’s ruling Vice President Al Gore’s brother-in-law, lengths to thwart the judgment of the jury involving the Voting Rights Act, an impor- Frank Hunger, a longtime friend who headed and to reduce the sentence of a person who tant civil rights law that mandates federal the Justice department’s Civil Division, to caused so much harm to me and my family.’’ oversight of Southern elections to keep express his frustration. The AJC review of the judge’s rulings, white authorities from suppressing the black Pickering summed up his thoughts about however, shows that Pickering—like many vote. The law has allowed black-majority the sentencing disparities in the cross-burn- other federal judges who face rigid U.S. sen- voting districts to be created in some cases, ing case clearly when Swan was to be sentencing rules—has gone out of his way many boosting the number of minorities elected to tenced on Nov. 15, 1994. times to reduce prison sentences in cases political office. ‘‘He committed a reprehensible crime, and where he thought the result would be unrea- Laughlin McDonald, director of the Amer- a jury’s found that,’’ Pickering said from the sonable. And many of the defendants who ican Civil Liberties Union’s Southern re- bench. ‘‘And he’s going to pay a price for it. benefited are black. gional office in Atlanta, acknowledged that But I have never, since I’ve been on this William Moody, an African-American drug Pickering had enforced the Voting Rights bench, seen a more contradictory, incon- defendant, was arrested in 2000, seven years Act to the satisfaction of minority plaintiffs sistent position by the government than after his indictment. Authorities could not in some cases. they’re taking in this case.’’ find him because he was living in New York, ‘‘But what is disturbing is the philosophy Bradford Berry, a civil rights prosecutor holding a steady job and supporting his fam- that seems to pervade his decisions,’’ he said. from Washington, responded by saying per- ily. Upon learning about Moody’s apparent ‘‘He has an obvious hostility to the federal haps the Justice Department should have turnaround, Pickering delayed his sen- courts getting involved in this issue.’’ asked for harsher punishment against tencing a year, allowing his continued good In several cases reviewed by the AJC, Pick- Swan’s two co-defendants. behavior to be used as a basis for punishment ering did question how far the federal courts ‘‘You’re the one working for the Justice with no prison time. should go to resolve certain voting-rights Department, not me,’’ Pickering shot back. Five years earlier, in a large-scale cocaine issues. The judge wrote from the perspective ‘‘I didn’t take that position. The Justice De- case, Pickering learned months after sen- of a former legislator who once had to draw partment took that position.’’ tencing black defendant Richard Evans to lines for voting districts himself—and who Pickering postponed the sentencing an- 121⁄2 years in prison that prosecutors were still respects lawmakers’ prerogatives. other two months. He also called all the law- recommending he sentence a more culpable In a 1993 decision, Pickering wrote at yers involved back to his chambers, without co-defendant also an African-American, to length about the history of the one-person, a court reporter to transcribe the discussion.

VerDate Mar 15 2010 22:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\2003SENATE\S30OC3.REC S30OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 30, 2003 CONGRESSIONAL RECORD — SENATE S13553 In a memo written after the meeting, In terms of the struggle for equality obstruction flies in the face of more Berry gave an extraordinary account of what and freedom, I have seen the South and than 200 years of Senate tradition, the transpired. our Nation change for the better dur- constitutional role of the Congress, and Pickering told the lawyers about his civil rights background, saying that while not at ing my lifetime. I have tried to help the consent of the governed. the forefront of the movement, he was a sup- bring about that change. When I look While all of these filibusters are porter, according to Berry’s memo. Pick- back now, it seems embarrassingly wrong, it seems to me that the tactics ering said he’d testified against a Ku Klux slow and amazing that it was so hard. employed against certain nominees is Klan leader, had twice thrown out jury ver- I remember as a student at Vanderbilt particularly disgraceful. dicts in trials when he thought the results in 1962, when we raised the issue of in- First, we witnessed the hostile atti- were tainted with racism and had encour- tegrating the student body, the student tude towards Leon Holmes, a nominee aged his son to make certain his fraternity body voted no. I remember in 1980 I ap- at the University of Mississippi was not dis- for the Eastern District of Arkansas. criminating against a black student who pointed the first Black Tennessee su- Despite having earned the support of wanted to join. preme court justice, and he was de- each of his home state Senators—both ‘‘Pickering said he has carefully examined feated in the next election. I remember members of the minority—Mr. Holmes his conscience in this case an is confident it was 1985 before we had the Martin was sharply criticized—not for his legal that his discomfort with the sentence is not Luther King Holiday, and the legisla- work, but for his personal writings the product of racism,’’ berry wrote. ture nearly voted it down. I appointed But Pickering also gave another reason the about his religious views. case disturbed him, Berry noted. The judge the first two African American vice Then we witnessed the strident ani- said that ‘‘in the current racial climate in presidents of the University of Ten- mus directed toward Alabama Attor- that part of the state, such a harsh sentence nessee, but that did not happen until ney General, Bill Pryor—who was re- would serve only to divide the community.’’ 1989. peatedly challenged over whether his Pickering then asked prosecutors to con- Our country, from its beginning, has ‘‘philosophy’’ and ‘‘deeply held views,’’ sider agreeing to dismiss the count against truly been a work in progress. And on particularly those arising from his reli- Swan that mandated a five-year sentence. By this issue, racial justice, we have had gious beliefs, precluded him from be- the time prosecutors returned for Swan’s an especially hard time making sentencing two months later, they had coming a judge. capitulated, agreeing to drop it. progress. We have had a hard time And now, today, we are witnessing Don Samuel, former president of the Geor- changing our minds. The truth is, most the terrible treatment of Judge Charles gia Association of Criminal Defense Law- members of my own generation have Pickering. This is an issue that is of yers, who studied Berry’s memo, said had one view about race in the 1960’s particular importance to my state, be- Pickering’s aggressive posture in the cross- and another view today. Many of the cause Judge Pickering has been nomi- burning case is not uncommon among the men and women who are judges, who federal judiciary. nated to a long-standing vacancy on ‘‘There are judges who want a just result are mayors, who are legislators, who the Fifth Circuit—which covers Texas and try to convince the parties to find a way are Senators today, opposed integra- and Louisiana in addition to Mis- that enables them to do so under the federal tion in the 1950s, opposed the Voting sissippi. sentencing guidelines, which can be very Rights Act in the 1960s. They were Like the other nominees, Judge Pick- harsh and rigid,’’ Samuel said. ‘‘These things against the Martin Luther King holi- ering is a deeply religious man. He is happen. Often it’s very well-intentioned to day in the 1980s, and we welcome them also a man from the South. And I be- get around a harsh result.’’ to society today. We have confirmed But Samuel said he found troubling Ber- lieve he is clearly qualified to serve on ry’s account of Pickering’s concern about a some of them to the Federal bench, the federal bench, as he has been serv- harsh sentence dividing the community. some of them Democrats, some of them ing for over a decade. Yet Judge Pick- ‘‘That doesn’t seem like a very good basis Republicans. ering has, like others, become the tar- and it shouldn’t be,’’ the defense lawyer said. What is especially ironic about this get of a venomous special interest University of Georgia criminal law pro- incident is that Judge Pickering was group campaign, one directed against fessor Ron Carlson said the only part of the not one of those people whose ideas we community that would be divided by such a Southerners and against those who have to excuse. He led his times. He take their faith seriously. A represent- sentence would ‘‘probably be rural white peo- spoke out. He would have, I am certain, ple.’’ ative of one of these groups recently But Carlson said it is unfortunate that joined Judge Wisdom, Judge Tuttle, called Judge Pickering a ‘‘racist,’’ a Pickering has been condemned for his action Judge Rives, and Judge Brown in or- ‘‘bigot,’’ and ‘‘a woman-hater.’’ in the cross-burnings case. ‘‘That’s because dering Ole Miss to admit James Mere- It is sad to see this shameful carica- this is certainly not a racist judge over- dith to the University of Mississippi 40 ture of a well-qualified, respected man. seeing the cross-burning case,’’ he said. years ago. ‘‘Quite the opposite. He’s very fulsome in his Why would we not now recognize this And it is sadder still to see these spe- condemnation.’’ man, who lived in the Deep South, who cial interests dominate the other side When the sentence was finally imposed on of the aisle. I hoped such tactics would Jan. 23, 1995, Pickering told Swan he had did what we all hope we would have had the courage to do, but might not never gain apologists among any mem- committed ‘‘a despicable act.’’ bers of this body, but hearing this de- ‘‘The type of conduct you exhibited cannot have done in the late 1960s? Why would bate today, I fear that my hope was all and will not be tolerated,’’ the judge said. He we not now honor and recognize that suggested to Swan that ‘‘during the time service by confirming his nomination for naught. that you’re in prison . . . do some reading on to this appellate court? This Nation, both North and South, race relations and maintaining good race re- I care about the court. I care about has for too long suffered from the lations and how that can be done.’’ these issues. I have studied the record scourge of racism. We have made a Mr. ALEXANDER. Mr. President, I as carefully as I could. All of the evi- great deal of progress so far, and there will not dwell on the lifelong record of dence supports the fact that Charles is more to go. but even as we condemn Mr. Pickering. But his testimony Pickering is a worthy successor on the racism with all our might, we must against Sam Bowers was not an iso- Fifth Circuit to the court of Judge also condemn false charges of racism. lated instance. I will not dwell on the John Minor Wisdom, Judge Elbert Every false charge of racism weakens a charge some have made about a 1994 Tuttle, Judge Richard Rives, and Judge true charge of racism, and ultimately, case. Senator HATCH dealt with that, John R. Brown. that hurts us all. although I ask unanimous consent to Mr. President, I rise today to say a Judge Pickering has been praised and include two articles, one from the Na- few words concerning the nomination supported by those who know him tional Review Online and the Atlanta of Judge Charles Pickering. best—by those who have worked by his Journal-Constitution explaining what Throughout the entire history of the side, and seen him fight racism in his really happened. In short, the Justice Senate, no judicial nominee has ever home state of Mississippi. Department botched the case and the been defeated by a filibuster. Yet in My fellow Southerners who have re- ringleader in the cross burning was this session alone, four nominations viewed the record carefully agree. All turned loose. Pickering then properly have been blocked by this unconstitu- six Mississippi statewide officeholders, reduced a juvenile accomplice’s sen- tional obstruction. Soon, there will be including five Democrats, have stated tence from seven and one half years to five, six, and likely even more nomi- that Judge Pickering’s ‘‘record dem- 27 months, severely criticizing him. nees facing partisan filibusters. this onstrates his commitment to equal

VerDate Mar 15 2010 22:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\2003SENATE\S30OC3.REC S30OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13554 CONGRESSIONAL RECORD — SENATE October 30, 2003 protection, equal rights and fairness ecutor and a municipal court judge. ating a plan was not an easy task. The for all.’’ The senior Senator from Lou- Judge Pickering continued his public black and white communities in Laurel isiana has applauded Pickering’s life- service in the Mississippi State Senate. were split and Charles Pickering long campaign against racism, charac- He also has served his fellow man by worked to bring them together and cre- terizing them as ‘‘acts of courage.’’ helping others through organizations ate a plan to integrate the schools. In And the Senators from Georgia have like the Red Cross and the March of the end many white families still written that, ‘‘Pickering’s critics have Dimes. Judge Pickering has also de- moved their children to private schools and will continue to unfairly label him voted his life to Christ, serving at the to avoid integration and Judge Pick- a racist and segregationist,’’ and that First Baptist Church in Laurel, MS, as ering easily could have done the same ‘‘nothing could be further from the a Sunday school teacher and a deacon. with his kids. Instead, he believed in truth.’’ Those things tell us much about the integration and kept his children in But perhaps the most compelling man that Charles Pickering is. But the public schools. views on this subject have been ex- there is much more. You see, Judge Unfortunately, the reason Charles pressed by Mr. Charles Evers. He is the Pickering has spent his career as a Pickering has been singled out by the brother of the slain civil rights leader leader in race relations in Mississippi. radical left has nothing to do with the Medgar Evers, and he has personally What is truly telling, however, is he man or his qualifications. It has every- known Judge Pickering for over 30 spent his whole career tearing down thing to do with ideology and the re- years. He is intimately familiar with barriers for minorities in the South, in- maining adherents of a failed liberal Judge Pickering’s numerous actions cluding during the 1960s and 1970s. orthodoxy holding on to their last throughout his career to fight racism, Those actions did not make him a pop- vestiges of power in this Nation—the often with deep sacrifice and personal ular man among many in Mississippi at courts. cost. the time. A radical liberal minority in this Mr. Evers wrote in the Wall Street I remember the 1960s and 1970s. I reg- country is scared of Judge Pickering. Journal in support of Judge Pickering, ularly traveled around the country They do not think he will do a bad job saying, during those years and I remember because he is unqualified. After all, the As someone who has spent all my adult life what race relations were like in the American Bar Association rated Judge fighting for equal treatment of African- South and throughout America. I re- Pickering ‘‘well qualified.’’ Last I had Americans, I can tell you with certainty member what it was like as profes- heard, the liberal minority obstructing that Charles Pickering has an admirable sional baseball gradually accepted then Judge Pickering’s nomination called record on civil rights issues. He has taken embraced minorities. It was a tumul- that rating their gold standard for ju- tough stands at tough times in the past, and tuous time in our country and many dicial nominees. the treatment he and his record are receiv- The reason the liberal special inter- ing at the hands of certain interest groups is brave men and women willingly staked shameful . . . Those in Washington and New their careers, their reputations, and ests are scared of Judge Pickering is York who criticize Judge Pickering are the even their lives on doing what was just that he is a judge who knows his role, same people who have always looked down and right. Charles Pickering was one of who follows the law, and has a stellar on Mississippi and its people, and have done those men. civil rights record. These special inter- very little for our state’s residents. The stories of how Judge Pickering ests have lost out in the public opinion I hope that today the Senate will stepped above the fray and reached out and mainstream politics. They cannot take a stand against the despicable to bring racial equality to Mississippi successfully achieve their goals in the tactics of radical special interest have been told many times. In recent normal course of governance so they groups. We must not allow the special years Judge Pickering has served on turn to the court system, which they interests’ exploitation of religious race relations committees in Mis- have successfully used to roll back tra- views, stereotypes, or false carica- sissippi including the Institute for Ra- ditional values, traditional roles of tures—concerning Southerners or any cial Reconciliation at the University of Government, and individual rights. A other people—to decide a vote on any Mississippi. He has spent time working judge with a proven record of following nominee. Such reprehensible practices with at-risk minority children. the law and understanding the dif- have no place in this debate. And it is Those actions are laudable in and of ference between the legislature and the a dark day for the Senate and for themselves, but the actions that tell judiciary is a roadblock in their path of America’s independent judiciary when the true story of who Charles Pick- legislating through the judiciary. we allow special interests to dictate ering really is come from the 1960s and I really believe Judge Pickering was the basis for disqualification. 1970s, those years when racial tensions singled out because of his stellar record I ask my fellow Senators to vote to were at their highest and the South on civil rights. It seems to me the lib- confirm Judge Pickering, to reject the was so volatile. In 1967 Judge Pickering eral special interest groups that seem inhuman caricature that has been was Prosecuting Attorney Pickering in to be dictating the moves of the minor- drawn by special interest groups intent Jones County, MS. Knowing it was to ity party in the Senate needed a test on vilifying, demonizing, and his own personal detriment, Charles case to see if they could stop President marginalizing an admirable nominee. I Pickering took the witness stand to Bush’s nominees at will. They re- hope that my colleagues will give all testify against the ‘‘Imperial Wizard’’ searched all his nominees and picked these qualified nominees what they de- of the Ku Klux Klan in a trial for kill- one who would be impossible to defeat serve, and allow them to have an up or ing a black civil rights activist in a on the merits and decided to distort his down vote. fire-bombing attack. By standing up record and assassinate his character. For the sake of the Senate, the Na- for equality and justice, Prosecuting They needed to see if they could get tion, and our independent judiciary, I Attorney Pickering put himself and his away with it. So last year they gave it hope that these days of obstruction fi- family in danger and lost his reelec- a shot. And it worked. These special in- nally end. tion. terests found willing accomplices in Mr. BUNNING. Mr. President, I speak You can never really judge the the Senate and in the media. Facts be- today in support of Judge Charles strength of a man’s convictions until came irrelevant as lies flew and Pickering and his nomination to the standing up for those beliefs costs him Charles Pickering was demagogued. Fifth Circuit Court of Appeals. something. Judge Pickering’s willing- But that was only a preview of what Judge Pickering was unanimously ness to stand up against racial violence was to come. confirmed to be a Federal district cost him his job as a prosecutor. But While the filibustering by a minority judge in 1990, where he has served hon- that did not dissuade him from con- of the Senate of Judge Pickering is an orably ever since. He graduated first in tinuing to fight for racial justice. Pos- abdication of constitutional responsi- his law school class at the University sibly the most contentious race issue bility of the Senate, the wholesale as- of Mississippi while serving on the Law in the 1960s and 1970s was the integra- sault on President Bush’s nominees is Journal and Moot Court. In addition to tion of the public schools. Integration truly egregious. Judge Pickering is not practicing in a law firm, Judge Pick- came to Laurel, MS, in 1973. Integra- alone. The minority has taken aim at ering was both a city and county pros- tion has been fought for years and cre- Miguel Estrada, Carolyn Kuhl, Janice

VerDate Mar 15 2010 22:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\2003SENATE\S30OC3.REC S30OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 30, 2003 CONGRESSIONAL RECORD — SENATE S13555 Rogers Brown, Bill Pryor, Priscilla the 1960s in Mississippi, this took cour- that all businesses adopt an affirma- Owen, and Henry Saad. Each nominee age. tive action hiring plan.’’ has a fantastic story and a stellar Soon County Attorney Charles Pick- To judge the words and actions of record. Each has been singled out for ering found that he had to choose these Civil Rights Champions in the his or her adherence to the law and the against between those in law enforce- 1940s, 50s, and 60s, by a 2003 standard, traditional roles of government. ment who would only go through the would leave them wanting. We must re- Radical liberals have long fancied motions of investigating the Klan and member that in Mississippi and other themselves as the champions of women those who sought to vigorously pros- Southern States in the 1960s, most and minorities in this country, and I ecute and imprison Klansmen. He chose elected prosecutors sat on their hands have no doubt that many on the left do to work with the FBI to investigate, when the Klan committed acts of vio- strive for equality for all Americans. prosecute, and imprison Klansmen. In lence. Young Charles Pickering had to But the radical left has achieved its the mid-1960s in Mississippi, this took deal with white citizens and politicans power through the politics of division. courage. who resisted integration and civil A conservative Hispanic or conserv- Then came the threats. The Klan rights. He had to deal with these people ative woman or conservative Arab or threatened to have County Attorney in language that would not incite fur- conservative black woman or conserv- Pickering whipped. With the Klan al- ther violence and with requests for ac- ative religious man is anathema to ready firebombing and murdering other tion that he had a chance of getting their dominance of these issues. Rather whites whom it viewed as helping black people to take. He did so with moral than celebrating the achievements of citizens, the Pickering family could courage. these gifted human beings ascending to have easily been next. And because he acted with courage at the job for which he or she was selected At night, County Attorney Charles such a young age, Charles Pickering by the President of the United States, Pickering would come back to his was able to continue with more pro- these ultra liberals would rather de- small home and look into the eyes of gressive actions decade after decade. In fame their characters and demagogue his young wife Margaret. He would 1976, he hired the first African Amer- their beliefs. look into the eyes of his four small ican field representative for the Mis- There seems to be no end in sight to children who believed daddy could do sissippi Republican Party. In 1981, he these tactics and political showdowns. anything and who did not understand defended a young black man who had But I hope and pray that day will soon hate and murder. One can only imagine been falsely accused of the armed rob- come. how his wife Margaret would lie awake bery of a teenage white girl. In 1999, he Mr. MCCONNELL. Mr. President, in fear, hoping that she would hear her joined the University of Mississippi’s today we will vote on whether the Sen- husband’s footsteps coming home. Racial Reconciliation Commission. ate shall be allowed simply to consider Charles Pickering had no money to And in 2000 he helped establish a pro- the nomination of Charles Pickering to protect his family. He had no press to gram for at-risk kids, most of whom the Fifth Circuit Court of Appeals. stand up for him and his family. He had were African Americans, in Laurel, From my review of Judge Pickering’s no covering of popular opinion to hide MS—where 35 years earlier he had record, I have been struck by one re- behind. And in this time of hate, bomb- backed his principles with his and his sounding virtue—moral courage. ings and murder, Charles Pickering family’s lives. This is a record of cour- As the tide of racial equality swept reached down deep in his soul, em- age. It is a record to be commended. America in the 1950s and 1960s, it unfor- braced the only thing he did have, his In the years since the 1960s, attitudes tunately met with fierce resistance in religious faith. in Mississippi and elsewhere have dra- certain areas. Laurel, MS was one. Un- He then testified against Sam Bow- matically improved. Schools are inte- like New England, integration was not ers, the Imperial Wizard of the Ku Klux grated. The Klan is no longer a power- popular in Jones County. Unlike New Klan in the firebombing trial of civil ful force capable of intimidating whole York, the press was not friendly to in- rights activist Vernon Dahmer in 1967. communities. And the support from tegration in Jones County. Unlike And Charles Pickering signed the affi- Mississippians—black and white, men large Southern cities such as Atlanta davit supporting the murder indict- and women—who have known Charles and Birmingham, there was no sub- ment of Klansman Dubie Lee for a Pickering for decades has been over- stantial segment of the community murder committed at the Masonite whelming. This support no doubt re- that had an enlightened view on race Corporation’s pulpwood plant in Jones sults from the moral courage of relations. Indeed, the town of Laurel, County. The took courage. Charles Pickering. in Jones County, MS, with a small pop- While it is easy in Washington, DC, In 1990, the Judiciary Committee ulation was the home territory of the in 2003, to make a speech or sign a bill unanimously reported the nomination Imperial Wizard of the Ku Klux Klan, in favor of civil rights after decades of Charles Pickering, and the Senate Sam Bowers. have changed racial attitudes in unanimously confirmed him to the dis- In the 1960s, Klan-incited violence es- schools, in society, and in the press, trict court bench. In his 12 years on the calated in Jones County, MS. The Klan who among us would have had the bench, he had handled 4,500 cases. In would drive by homes in the middle of courage of Charles Pickering in Laurel, approximately 99.5 percent of these the night and shoot into them. The MS in 1967? Who among us would have cases, his rulings have stood. The Klan would firebomb the homes of Afri- had the courage of his wife Margaret to American Bar Association rated Judge can Americans and those who helped stand with him? Pickering ‘‘well qualified’’ for the them. The Klan would murder its en- There are those who would say ‘‘We Fifth Circuit Court of Appeals—once emies who stood for civil rights. are pleased that Pickering was one of upon a time, the vaunted ‘‘gold stand- Because these shootings, bombings, the few prosecutors who actually pros- ard’’ of my Democrat colleagues. and murders violated the law, the vic- ecuted crimes committed by the KKK I was present at Judge Pickering’s tims looked for justice. They found it in the 1960s, but he should have also confirmation hearing. I listened to the in Jones County Attorney Charles gone further by calling for immediate testimony and reviewed the record. I Pickering. integration of schools and the work- have measured the allegations and On the one hand, Charles Pickering place.’’ those who made them, against the en- had his duty to enforce the law. On the That argument is tantamount to say- tire record and the courage of Judge other hand, he had public opinion, the ing, ‘‘We are pleased that Harry Tru- Pickering. I have found the allegations press, and most state law enforcement man integrated the federal armed to be unfounded and the special inter- personnel against vigorously pros- forces in 1948, but he should have gone est group accusers lacking in the moral ecuting Klan violence. A 27-year-old further and called for the integration courage that Judge Pickering pos- Charles Pickering stared in the face his of the state national guards as well.’’ sesses. political future, many in his commu- Or to say, ‘‘We are pleased that Lyndon The Senate now has a chance to show nity, and the press and chose to do his Johnson signed the Civil Rights Act in the courage that Charles Pickering has duty of enforcing the law against the 1964, after opposing civil rights, but he consistently demonstrated. Unfortu- men who committed such violence. In should have gone further and demanded nately, I fear it will shrink from this

VerDate Mar 15 2010 22:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\2003SENATE\S30OC3.REC S30OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13556 CONGRESSIONAL RECORD — SENATE October 30, 2003 moment. And for that I apologize, in I don’t think the nomination of Judge group. It has been the leading organiza- advance, to Judge Pickering and his Pickering—I know he is people’s friend; tion. It is a mainstream African-Amer- family. I thank the Chair and yield the I know lots of fine people think he is a ican organization. floor. fine man—helps that healing. I think it There are groups on the other side The PRESIDING OFFICER. The Sen- hurts it. I base my decision not only on lobbying for Judge Pickering. There ator from Vermont. his record, which—I would have to dis- are groups on this side against. I don’t Mr. LEAHY. Mr. President, I was agree, in all due respect, with my know why my colleagues, some on the going to speak first, but I understand friend from Tennessee—on race issues other side, say the groups that lobby the senior Senator from New York, as is, at best, mixed. The cross-burning against what they want are evil, and happens with so many of us, is sup- case bothers me greatly because if you the groups that lobby for are doing posed to be in two places at once. While are sensitive to race, even if you think American justice. That is what groups he is capable of many good things, that a case was wrongly decided, you don’t do, and we listen to them sometimes. is one thing he has not figured out how go through the extra legal means, on a I, from New York, don’t know that to do yet. cross-burning case, to do what you much about this. I try to study history, I yield 5 minutes to the Senator from have to do. but I haven’t lived there. I haven’t New York. Once he has finished, I will Does that mean a person should be gone through the history that my col- then speak and answer some of the put in jail or excoriated? No. Does it leagues from Mississippi or Tennessee things that have been said on the other mean if he runs for public office that have. But I have to rely on other voices side. he is going to lose? No. as well. The PRESIDING OFFICER. The Sen- But on the Fifth Circuit, the circuit So the fork in the road we come to ator from New York is recognized. that has had the great names at heal- here is this: On this nomination in this Mr. SCHUMER. I thank my colleague ing race and racial divisions that my important circuit which has, indeed, for yielding. colleague from Tennessee mentioned, done so much to move us forward—and Mr. President, this is a difficult deci- should not we be extra careful about I do believe we will continue to move sion in a very certain sense. I listened trying to bring a unifying figure to forward as a country; even as Alexis de to the sincere words of my colleague that bench, particularly when it rep- Toqueville said, on the poison of race— from Tennessee. I think they were resents more minorities than any do we appoint a man who, on racial heartfelt and well spoken. I have tre- other? issues, has a record that at best is mendous respect for my two colleagues The bottom line is, while we can find mixed, and who recently, at a very from Mississippi, and I know particu- individual names, to me it is over- minimum, has shown insensitivity on larly to my friend Senator LOTT how whelmingly clear that the Black com- the cross-burning case? Sure, there was much this means. He has worked very munity in Mississippi—which ought to a disparity of sentence. One thing I hard and diligently on behalf of Judge have pretty good judgment about who know quite well, in criminal law there Pickering’s nomination. did what, when, and how far we have are always disparities of sentence when I must rise to oppose it, and let me come—is quite overwhelmingly against there is a plea bargain, and prosecutors explain both to my colleagues and to Judge Pickering. always go to someone in the case and everybody, I guess, why. I am a patriot. You can say it is politics. But when say: If you plea bargain, you will get I love America. My family came to this we hear the head of the NAACP say, as fewer years than if you don’t. So that country 5, 3, and 2 generations ago, he told us yesterday, that every single is not a great injustice. It happens poor as church mice, discriminated chapter—I don’t remember how many every day in every court in this land. against in Europe. My dad could not there were, like 140—were against On this particular case, that is where graduate from college, and I am a Judge Pickering, that means some- Judge Pickering’s heart was, to take it United States Senator. God bless thing. When you hear that all but a to a higher level. It is bothersome, par- America. What a great country. handful of the Black elected officials in ticularly when it comes to nominating I study the history of America. One Mississippi are against Judge Pick- someone, not just to be a district court of the things I try to study is what are ering, that means something. judge—which he is now—but nominated our faults, what are our strengths, how Frankly, in this body we don’t have to the exalted Fifth Circuit, the racial do we make sure what happened to the an African American to give voice to healer in America for so long. Roman Empire and the British Empire their view, the African American view, So in my view—no aspersions to my does not happen to this country. One of diverse as it is, about whether Judge colleagues from Mississippi who feel so the most profound scholars who stud- Pickering is a healing figure and de- strongly about this; no aspersions to ied America was Alexis de Tocqueville. serves to be on this exalted circuit. We my colleague from Tennessee who was He came to America in 1832 or so, trav- are not demoting him. We are not exco- eloquent, in my opinion; and no asper- eled across the country, including up- riating him. We are debating whether sions to Judge Pickering as well—but state New York, and he wrote a couple he should be promoted to this impor- we can do better, particularly on the of things. First, he wrote then when we tant bench, particularly when it comes Fifth Circuit, when it comes to the were a small nation, not mighty like to race and civil rights. And the over- issue of race, which has plagued the re- the great European nations of Britain, whelming voice is no. gions of the Fifth Circuit and plagued France, or Russia. He wrote that we I ask unanimous consent from my my region as well. We can do better. would become the greatest country in colleague to be given an additional 3 I urge this nomination be defeated. the world. That was pretty omniscient. minutes. f But he also wrote that there was one Mr. LEAHY. I yield another 3 min- (At the request of Mr. DASCHLE, the thing that could do America in, and utes to the distinguished Senator from following statement was ordered to be that was the poison of race. New York. printed in the RECORD.) We have made great progress. We all The PRESIDING OFFICER (Mr. ∑ Mr EDWARDS. Mr. President, I rise know it and everybody knows it. Much ENZI). The Senator from New York is today to speak against the nomination of the progress was made—all of it just recognized. of Charles Pickering to the U.S. Court about—in the last 40 years. We did not Mr. SCHUMER. So the overwhelming of Appeals for the Fifth Circuit. make much progress from 1865 to, say, voice is no. The elected Black officials I oppose this nomination because 1960 or 1955. of Mississippi—I don’t know the per- Judge Pickering has repeatedly dem- I guess Brown v. Board started the centage, but I think it is against him. onstrated a disregard for the principles whole wellspring. Frankly, for the first The only Black Member of Congress that protect the rights of so many of time in my life I am optimistic about speaks strongly against him. He our citizens. Judge Pickering’s record racial relations in America. I think, doesn’t just say, well, I wouldn’t vote as a judge is full of instances in which over time, things will heal. I didn’t for him, but it is an either/or situation, he has elevated his personal views used to think that, even 5 years ago. and that has to influence us. It is not above the law. For example, Judge But we still have a lot of healing to dispositive. People can say ‘‘these Pickering has shown a lack of respect do, despite the progress. I have to say groups.’’ Well, the NAACP is not just a for the Supreme Court’s landmark

VerDate Mar 15 2010 22:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\2003SENATE\S30OC3.REC S30OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 30, 2003 CONGRESSIONAL RECORD — SENATE S13557 legal precedents, especially those that told him that if he takes this approach seems to have lost sight of the ethical protect rights. He has harshly criti- to future judicial nominations we have limitations on his actions, and the ex- cized the Supreme Court’s ‘‘one person, a real opportunity to find common tent to which he was failing to main- one vote’’ rulings and has been re- ground in the search for excellence on tain judicial independence. As Brenda versed numerous times by the Fifth the federal bench. When we work to- Polkey, the victim of the cross burn- Circuit Court of Appeals for his failure gether, we find outstanding nominees ing, said, her ‘‘faith in the justice sys- to follow ‘‘well-settled principles of like Allyson Duncan, who represents tem was destroyed’’ by Pickering’s ef- law.’’ the best of North Carolina and Amer- forts to reduce Mr. Swan’s sentence. In In one case, Judge Pickering took ex- ica. every aspect of government we need to traordinary steps to reduce the sen- But rather than accept my call for work hard and keep faith with the pub- tence required by law for a man con- consensus, the President just said no. lic. victed of cross burning. In addition, he There is a saying that if you see a This case indicates how deeply held exerted extraordinary efforts to reduce dog and a cat eating from the same Judge Pickering’s views are, and how the 5-year sentence mandated by Fed- dish, it might look like a compromise, far he will go to arrive at an outcome eral sentencing guidelines in the cross- but you can bet they are eating the he believes to be correct. The difficulty burning case and went so far as to cat’s food. That is how things seem to that he has in keeping his personal make an ex parte phone call to Justice be working in Washington these days. views out of his judicial decision- Department officials in an attempt to My colleagues and I have tried and making are obvious, not only in this assist the defendant. tried to find common ground. We have case, but in several opinions in which And, since his hearing, Judge Pick- said yes to Bush judges, time after he goes beyond the facts of the case to ering has actively solicited the support time after time. We have said yes to state his belief of what the law ought of this nomination from attorneys who more than 160 Bush judges. But but my to be. Judge Pickering’s efforts to so- appear in his courtroom. This behavior colleagues on the other side of the aisle licit letters of support from lawyers ap- not only calls into question Judge have instead dug in their heels and de- pearing before him in direct violation Pickering’s commitment to protecting manded that unless we agree to every of the canons of judicial ethics is an- the constitutional rights of all Ameri- judicial nominee the President sends other example of his lack of under- cans, but legal experts agree that his up here, no matter how unacceptable standing and adherence to the ethical actions violated the canons of judicial they are, we are being obstructionist. guidelines that are critical to main- ethics. We can do better than this. And we taining the independence and integrity Unfortunately, some of our col- should do better. It is time for this of the Federal judiciary. leagues on the other side of the aisle, President to stop saying no to judges Because of this troubling record of in their drive to push through every who respect our civil rights. Let’s say not following precedent, and of over- Bush judge at all costs, have turned yes to judges who will fairly apply the stepping ethical bounds to achieve a this process into a personal attack on law. Let’s say yes to judges who will particular outcome, I asked Judge the integrity and motivations of those not allow their extreme personal views Pickering questions at his hearing that of us who oppose this nomination. We to color their decision-making. Let’s focused on the right to privacy. I asked have been accused of anti-Southern say yes to judges who will protect our Judge Pickering about privacy as it bias. Of course, anyone listening to me civil rights. I am proud to stand with pertains to consumers’ rights, specifi- talk would have to figure that I am the my colleagues today as we say a re- cally medical and financial records, as last person to hold an anti-Southern sounding yes to fairness, equality and it pertains to an individual’s right to bias. justice.∑ privacy in the context of government We have even been accused of calling Ms. CANTWELL. Mr. President, Fed- surveillance, and with regard to a Judge Pickering a racist, something we eral judges serve lifetime terms, and woman’s right to make personal deci- have not done. I do not presume to are responsible for interpreting our sions about her body. In response, he know what is in Judge Pickering’s Constitution, and our laws, in ways declined to state whether he believed heart. But I do know what is in his that have real implications for the that any right to privacy was conferred record. That record proves him unfit to rights of regular Americans. Last year by our Constitution. serve as a Court of Appeals judge. I joined my colleagues on the Judiciary While my concern about how Judge We have tried our best to facilitate Committee in voting not to report the Pickering would rule on cases of funda- consensus and cooperation in judicial nomination elevating Federal District mental privacy rights is not the only nominations. Unfortunately, most of Court Judge Charles Pickering to the factor in my decision to oppose his ele- our efforts are being rejected, which Circuit Court of Appeals to the Senate vation to the Circuit Court, it is one I doesn’t make a bit of sense, since we floor. I stand by that vote. I continue believe is important. accomplish so much when we all work to have very real concerns about Judge The Fifth Circuit covers three together. Pickering’s ability to be a fair and neu- States—Louisiana, Texas and Mis- We have seen what happens when the tral Court of Appeals judge. sissippi—that have passed more anti- President meets us halfway. He has In evaluating judicial nominations, choice legislation restricting a wom- done it before—rarely, but he has done among the factors I consider are an’s right to make personal choices it. He reached out to us on Allyson whether the nominee demonstrates the about her own body than any other Duncan, an outstanding North Caro- highest level of professional ethics and States. In fact, all three States con- linian who just yesterday was formally integrity, and has the ability to distin- tinue to have unconstitutional and un- installed as a judge on the Fourth Cir- guish between personal beliefs and in- enforceable laws on their books prohib- cuit Court of Appeals, breaking a log- terpreting the law. Unfortunately, I be- iting a woman from having an abor- jam that had held our State back for a lieve Judge Pickering falls short in tion, because the legislature in each of decade. meeting these criteria. Judge Pick- these States will not repeal the laws. In that case, President Bush did more ering is an honorable person, but he is This is the context against which we than just pay lip service to our con- simply the wrong person to fill this must consider the President’s nomina- stitutional obligation to advise and very important position. tion of Judge Pickering. consent. He reached out to us before he Like my colleagues, I am troubled by While Judge Pickering has repeat- made his decision. He consulted with Judge Pickering’s handling of the case edly pledged to restrain his personal us. He sought our advice. And in mak- of United States v. Swan, where a ideological views and follow the prece- ing his decision, the President selected white defendant was tried for burning a dent of the Supreme Court, given the a nominee who represents the main- cross on the lawn of an interracial cou- unique role that the Fifth Circuit plays stream of our State. ple. Judge Pickering had multiple ex in protecting not only the constitu- Throughout Judge Duncan’s con- parte conversations with prosecutors tional right to privacy enunciated in firmation process, I commended the and Justice Department officials in an Roe and affirmed in Casey, but also in President for consulting with us and effort to reduce the sentence of Mr. protecting women’s access to abortion making an excellent nomination. And I Swan. In doing so, Judge Pickering providers in the States with the Fifth

VerDate Mar 15 2010 22:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\2003SENATE\S30OC3.REC S30OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13558 CONGRESSIONAL RECORD — SENATE October 30, 2003 Circuit, I am concerned about Judge Judge Pickering now has a substan- ment discrimination cases, Judge Pick- Pickering’s willingness to say where in tial record as a district court judge ering not only found against the plain- the Constitution privacy is protected that he did not have in 1990, and Sen- tiffs but saw fit to disparage their and his willingness to follow the law. ators are entitled—indeed it is our claims in identical language. This is Judge Pickering’s actions on the duty—to review and evaluate that what he said: bench reveal a lack of understanding of record. Even leaving that aside, a court The fact that a black employee is termi- the requirements of judicial ethics and of appeals judgeship is different from a nated does not automatically indicate dis- a failure to meet the very highest district court judgeship. crimination. The Civil Rights Act was not standards of the legal profession. Judge There is another factor that I think passed to guarantee job security to employ- Pickering has exhibited a lack of abil- requires us as a committee to give this ees who do not do their job adequately. . . . ity to distinguish his personal believes nomination very careful consideration. The Courts are not super personnel managers charged with second guessing every employ- from judging the issues before the During the last 6 years of the Clinton court, and I therefore cannot support ment decision made regarding minorities. administration, this committee did not The Court should protect against discrimina- his elevation to the Fifth Circuit. report out a single judge to the Fifth tion but it can do no more. This case has all Mr. FEINGOLD. Mr. President, I will Circuit Court of Appeals. That is right. the hallmarks of a case that is filed simply vote no on cloture on the nomination Not a single one. because an adverse employment decision was of Charles Pickering to be a judge on And as we all know, that was not for made in regard to a protected minority. the U.S. Court of Appeals for the Fifth lack of nominees to consider. President The use of this kind of language as a Circuit. Clinton nominated three well-qualified boilerplate does not indicate to me a We had a fair process in the last Con- lawyers to the Court of Appeals—Jorge judge who has an open mind about em- gress on this nominee—two hearings, a Rangel, Enrique Moreno, and Alston ployment discrimination lawsuits. I lengthy period of deliberation and de- Johnson. None of these nominees even think that people who have legitimate bate, and a fair vote. The nomination received a hearing before this com- claims under the civil rights laws of was defeated. The Judiciary Commit- mittee. When the chairman held a this country have reason to be con- tee’s consideration of this nomination hearing in July 2001 on the nomination cerned about whether a judge who was thorough and fair. Obviously, some of Judge Clement for a seat on this cir- would go out of his way to say these did not like the result, but I do not cuit court, only a few months after she kinds of things in legal opinions will think they can in good faith find fault was nominated, it was the first hearing hear their cases fairly. with the process. Indeed, during his confirmation hear- It is my view that a process that for a Fifth Circuit nominee since Sep- ing, Judge Pickering seemed to con- gives a nominee a hearing, and then a tember 1994. We have since confirmed firm that he has a predisposition to be- vote in the Judiciary Committee is not another Fifth Circuit nominee, Edward lieve that employment discrimination an unfair process, or an ‘‘institutional Prado. So there is a history here and a spe- claims that come before him are not breakdown,’’ as some critics of our cial burden on the administration to meritorious. He testified that as he un- work in the committee last year called consult with our side on nominees for derstands the law, the Equal Employ- it. It is the way the Judiciary Com- ment Opportunity Commission ‘‘en- mittee is supposed to work. During the this Circuit. Otherwise, we would sim- 6 years prior to last Congress, the Judi- ply be rewarding the obstructionism gages in mediation and it is my impres- ciary Committee did not work this that the President’s party engaged in sion that most of the good cases are way. Literally dozens of nominees over the last 6 years by allowing him handled through mediation and are re- never got a hearing, as Charles Pick- to fill with his choices seats that his solved.’’ He went on to say, ‘‘The cases ering did, and never got a vote, as party held open for years, even when that come to court are generally the Charles Pickering did. Those nominees qualified nominees were advanced by ones that the EEOC has found are not were mistreated by the committee; President Clinton. And I say once good cases, so then they are filed in Charles Pickering was not. What hap- again, my colleagues on the Republican court.’’ That is emphatically not the pened in the Judiciary Committee last side bear some responsibility for this law, and it was extremely disturbing year provides no justification whatso- situation, and they can help resolve it that a sitting federal judge who has ever for the President’s unprecedented by urging the administration to ad- ruled in numerous employment dis- action of renominating someone who dress the injustices suffered by so crimination cases would so profoundly has been considered by the committee many Clinton nominees. misunderstand the role of the EEOC in and rejected. With that background, let me outline these cases. Judges on our Federal courts of ap- the concerns that have caused me to Judge Pickering has also expressed peals have an enormous influence on reach the conclusion that Judge Pick- troubling views in voting rights cases, the law. Whereas decisions of the dis- ering should not be confirmed. Except including criticizing the concept of trict courts are always subject to ap- for the DC Circuit, the Fifth Circuit ‘‘one person, one vote.’’ That concept is pellate review, the decisions of the has the largest percentage of residents one of the bedrock constitutional foun- courts of appeals are subject only to who are minorities of any circuit—over dations of our political system. Judge discretionary review by the Supreme 40 percent. It is a court that during the Pickering opined in one case: ‘‘It is Court. Because the Supreme Court civil rights era issued some of the most wondered if we are not giving the peo- agrees to hear only a very small per- significant decisions supporting the ple more government than they want, centage of the cases on which its views rights of African American citizens to more than is required in defining one are sought, the decisions of the courts participate as full members of our soci- man, one vote, too precisely.’’ I do not of appeals are in almost all cases final. ety. It is a circuit where cases address- believe that we can give the people too That means that the scrutiny that we ing the continuing problems of racism much democracy, and I am not inclined in the Senate and on the committee and discrimination in our country will to elevate to a higher court a judge give to circuit court nominees must be continue to arise. who seems not to take this constitu- greater than that we give to district Judge Pickering’s record as a Federal tional principle seriously. court nominees. district court judge leads me to con- Another area of the law where Judge I would think that this would be self- clude that he does not have the dedica- Pickering has demonstrated what evident, and certainly the debates over tion to upholding the civil rights laws seems like a hostility to certain kinds circuit court nominees over the years that I believe a judge on this circuit of claims is that of prisoner litigation. have been much more heated than must have. Judge Pickering has a dis- We all know that there is a significant those relating to district court nomi- turbing habit of injecting his own per- problem of frivolous lawsuits being nees. But I begin with this point be- sonal opinions about civil rights laws filed by prisoners. Congress addressed cause there are some who have argued into his opinions and of criticizing this problem in 1996 with the Prisoner that because the Senate confirmed plaintiffs who seek through legal ac- Litigation Reform Act, where it pro- Judge Pickering to the district court tion to correct what they perceive to vided certain sanctions for prisoners by a unanimous vote in 1990, he must be discriminatory conduct. In two sep- who file repeated frivolous claims. be elevated to the circuit court. arate opinions in unrelated employ- Judge Pickering, however, has taken

VerDate Mar 15 2010 22:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\2003SENATE\S30OC3.REC S30OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 30, 2003 CONGRESSIONAL RECORD — SENATE S13559 the law into his own hands on numer- seemed confused by the questions, as if that suggests that Judge Pickering’s ous occasions by threatening to order he thought I was objecting to the fact conduct presents even more serious prison officials to restrict prisoners’ that the letters had been faxed rather ethical questions. In his response to privileges if they filed another frivo- than mailed. Let me be clear, I have no my inquiry about Judge Pickering’s so- lous lawsuit. And he did this even after problem with faxes. I get them all the licitation of letters of support, Prof. Congress specified certain sanctions for time. What I do have a problem with is Gillers also noted the following: repeated frivolous lawsuits in the 1996 a sitting Federal judge asking lawyers The impropriety becomes particularly Act. who practice before him to send letters acute if lawyers or litigants with matters I believe that this kind of threat is supporting his nomination to a higher currently pending before the Judge were so- inappropriate behavior for a Federal court and having those letters sent to licited. Then the desire to please the Judge judge. Judge Pickering’s opinions could him rather than directly to the Justice would be immediately obvious and the coer- not help but chill even legitimate com- cive nature of the request even more appar- Department or the Senate. That seems ent. In addition, soliciting favorable letters plaints from prisoners. While it is true to raise an obvious ethical issue, and I from lawyers or litigants in current matters that much frivolous litigation is filed was surprised that Judge Pickering could lead to recusal on the ground that the by prisoners, it is also true that some didn’t recognize it, even when I ques- Judge’s ‘‘impartiality might reasonably be celebrated cases upholding and explain- tioned him about what he did. questioned.’’ 28 U.S.C. § 455(a). ing the constitutional rights of the ac- I asked Professor Stephen Gillers of We identified 18 separate letters, all cused have had their genesis in a pris- NYU Law School, one of the leading ex- written in late October 2001, that came oner complaint where the prisoner did perts on legal and judicial ethics in the to the committee from Judge not have a lawyer. Gideon v. Wain- country, for his views on this issue. Pickering’s chambers. We now know wright, which established the right to Professor Gillers responded in a letter that at least seven of the lawyers who an attorney, was such a case. Just the to me. He confirmed my concern about wrote letters on behalf of Judge Pick- day before Judge Pickering’s second Judge Pickering’s actions. Let me read ering at his request actually had cases hearing, the Washington Post ran a a portion of that letter. Professor pending before him at the time. A num- story about a prisoner who received a Gillers wrote: ber of those lawyers had more than favorable Supreme Court decision in a It was improper for Judge Pickering to so- once case pending. One lawyer received case that began with such a complaint. licit letters in support of his nomination Judge Pickering’s request for a letter And the petition for certiorari was from lawyers who regularly appear before when a previously scheduled settle- filed by the prisoner without a lawyer, him. It is important to my answer that the ment conference was a little over a as well. I believe that judges at all lev- Judge asked the lawyers to fax him the let- month away. Another lawyer whom els must have an open mind toward all ters so that he could send them to the Jus- tice Department for transmittal to the Sen- Judge Pickering solicited represented types of cases. Engaging in tactics that ate. He did not ask the lawyers to send any the plaintiffs in a class action against will frighten people into not asserting letters directly to Washington. Con- a major drug company. The defendant their rights is a highly questionable sequently, the Judge would know who sub- filed a motion to dismiss for lack of thing to do. mitted letters and what the letters said, as personal jurisdiction in May 2001, and Judge Pickering did respond to my would be obvious to the lawyers. the motion was still pending before written questions about his decisions Last year, Senator HATCH obtained a Judge Pickering when he requested the in prisoner litigation. I was gratified to letter on this issue from a professor letter. learn that he never actually imposed Richard Painter. Professor Painter an- Now I have to ask my colleagues: the sanctions he threatened, and I ap- swers only the question of whether so- Suppose you were a lawyer in a case preciate his and the Justice Depart- liciting letters of support violates ex- and your opponents filed a motion try- ment’s efforts to find legal authority isting rules of judicial conduct and ing to get your case dismissed. The for his orders. I find those efforts un- never mentions the additional fact that judge has not yet ruled on the motion convincing, particularly with respect Judge Pickering asked for the letters and you get a call from him asking you to the orders that he entered after Con- to be sent to him rather than to the to write a letter of recommendation be- gress passed the Prisoner Litigation Senate. That makes Professor Paint- cause he has been nominated to serve Reform Act. Judge Pickering states in er’s views much less relevant to the on a higher court. What would you do? answer to my questions that ‘‘[m]y ob- questions I asked. Wouldn’t you be troubled? Wouldn’t jective was to stop prisoners who were Furthermore, Professor Painter’s you feel at least a bit of pressure to filing frivolous litigation from doing analysis seems to be limited to an ef- comply? And would you write a fully so,’’ and that ‘‘I do not believe that le- fort to show that the authorities relied candid letter, especially if the judge gitimate complaints by prisoners were upon by Professor Gillers are not ex- asked you to send the letter to him di- chilled by this approach.’’ I simply do actly on point and that the standards rectly so he could see it before for- not know how Judge Pickering could governing the solicitation of letters of warding it to the Judiciary Com- be so certain now, or when he was mak- support for nominations are vague. He mittee? ing these orders, that threatening to argues that the rules should be clari- I will submit for the RECORD a chart order prison officials to take away un- fied and made more specific. And per- indicating the lawyers with cases pend- specified privileges if a prisoner filed haps he is right about that. But it ing before Judge Pickering who wrote another frivolous complaint was a tac- seems to me to be an insufficiently low letters for him upon his request. I con- tic that would discourage only frivo- standard to set that judges need only sider this a very serious ethical breach, lous suits by prisoners, but not legiti- make sure they don’t clearly violate and Prof. Gillers agrees. This violation mate ones. the ethical rules. We should not want of judicial ethics casts serious doubt on I also have concerns about two dif- judges who simply avoid clear viola- Judge Pickering’s fitness to serve on ferent ethical issues that arose during tions of rules of ethical conduct. We the Court of Appeals. the consideration of his confirmation. I should not want judges who either It is within this framework that I questioned him about one such issue at don’t spot ethical issues or treat them evaluate the other ethical issue that his second hearing before Judiciary as obstacles to be parsed and tiptoed has arisen, Judge Pickering’s conduct Committee last year. After his first around. We should want judges who are in the Swan cross-burning case. This hearing, Judge Pickering asked a num- beyond reproach, who know that eth- case and Judge Pickering’s handling of ber of lawyers who practice before him ical conduct is at the core of their re- it have been the subject of a great deal to submit letters of recommendation. sponsibilities, because such conduct of controversy and public discussion, He asked them to send those letters to helps ensure that the public will re- and I will not repeat the details. I will his chambers so that he could fax them spect their decisions. I believe that only say that I am very troubled by the to Washington. And he testified that he Judge Pickering’s conduct fell far Swan case, for a number of reasons. read the letters before forwarding them short in this instance. Judge Pickering, it seems to me, im- to the Justice Department, which sent Before this year’s committee vote on properly stepped out of his judicial them on to the committee. Now when I Judge Pickering, some additional in- role, to try to get a result that he fa- asked Judge Pickering about this, he formation came to light on this matter vored in the case. He had an ex parte

VerDate Mar 15 2010 22:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\2003SENATE\S30OC3.REC S30OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13560 CONGRESSIONAL RECORD — SENATE October 30, 2003 contact with the Justice Department federal trial judges, have over matters that any candidate.’’ If this were not so for a par- about the case. He threatened to rule come before them. Federal judges enjoy a ticular panel member, recusal might be re- on a legal issue in a way that he appar- wide degree of discretion, which means that quired. (The Opinion states: ‘‘Of course, in many of their decisions will be upheld absent the unlikely event that during the selection ently did not believe was correct if the an abuse of discretion. This is a highly def- process something were to occur between a Justice Department did not change its erential standard. It means that for many panel member and the magistrate judge that sentencing position. He twice told the decisions, the district judge is the court of bears directly on the magistrate judge’s abil- Justice Department that he might last resort and lawyers know that. ity to be, or to be perceived as being, fair and order a new trial even though it was Given this power over their cases, and impartial in any case involving that panel clearly outside of his authority to do therefore over the lawyers whose cases come member, then the facts on that particular so. And he took unusual and appar- before them, ethics rules for judges forbid situation would have to be evaluated by the magistrate judge to determine if recusal is ently unjustified steps to keep his them to make certain requests of lawyers and others that ‘‘might reasonably be per- an issue and if notification should be pro- order secret, which prevented public ceived as coercive.’’ Canons 4(C); 5(B)(2). vided to the parties.’’) In the situation you scrutiny of his actions. These particular Canons deal with soliciting present, Judge Pickering removed the oppor- Judicial nominations should not be charitable contributions. They absolutely tunity for confidentiality by having the law- like legislation that can be reintro- forbid the judge ‘‘personally’’ to participate yers’ letters sent directly to him for trans- duced and reconsidered by a succeeding in charitable or other non-profit fundraising mittal to Washington. activities. They also forbid participation in The testimony does not clarify whether Congress. The Senate, acting through any of the lawyers or litigants whom Judge this committee, and exercising its con- ‘‘membership solicitation’’ that ‘‘might reasonably be perceived as coercive.’’ A narrow Pickering solicited had current matters stitutional responsibility, refused to pending before him. The only reference to exception is made for fundraising from other this issue is at line 23 on page 81, where you give its consent to this nomination last judges ‘‘over whom the judge does not exer- ask whether ‘‘present or former litigants, year. I believe it was wrong for the cise supervisory or appellate authority.’’ parties in cases that you handled’’ were President to re-nominate Judge Pick- Canon 4(C). asked to write letters. Judge Pickering an- ering. In these situations, of course, the judge swered ‘‘some.’’ This is ambiguous. would be soliciting a benefit for an organiza- I do not believe Judge Pickering is a The impropriety becomes particularly racist, nor do I believe that he is a bad tion, and not, as here, for the judge himself. acute if lawyers or litigants with matters person. I did not come to this decision That difference makes the present case more currently pending before the Judge were so- to vote against his confirmation light- troubling because a judge would ordinarily licited. Then the desire to please the Judge have a greater, and certainly a personal, in- ly or because of pressure from interest would be immediately obvious and the coer- terest in a significant promotion than he or cive nature of the request even more appar- groups or other Senators. I sincerely she would have in a contribution to an orga- believe that Judge Pickering is not the ent. In addition, soliciting favorable letters nization with which the judge is affiliated. from lawyers or litigants in current matters Judge Pickering’s solicitations was ‘‘coer- right choice for this position. I wish could lead to recusal on the ground that the him well in his continued work on the cive’’ because a lawyer who regularly prac- Judge’s ‘‘impartiality might reasonably be district court. tices before him was not free to fail to pro- questioned.’’ 28 U.S.C. § 455(a). As stated Mr. President, I ask unanimous con- vide a letter endorsing Judge Pickering’s below, judges are instructed to avoid unnec- promotion. Given the risk to lawyers’ (and sent to print in the RECORD the letter essary recusals. their firms’) clients—a risk they would read- to which I referred. In Opinion 97, the Committee addressed the ily perceive—lawyers would feel coerced to situation where a lawyer currently appear- There being no objection, the mate- comply with the Judge’s solicitation of let- rial was ordered to be printed in the ing before a magistrate judge was simulta- ters and in fact to exaggerate their support neously sitting on a panel considering RECORD, as follows: for the Judge. whether to recommend the same judge’s re- NEW YORK UNIVERSITY, I do not suggest that Judge Pickering appointment. The Committee concluded that SCHOOL OF LAW, would actually retaliate against a non-com- while the issue of the magistrate judge’s re- New York, NY, February 20, 2002. plying lawyer or his or her clients. Nor appointment was under consideration by a Hon. RUSSELL D. FEINGOLD, should the word ‘‘coercive’’ be understood to panel, the judge should not sit in any matter U.S. Senate, describe the Judge’s subjective intent. Canon in which a lawyer on the panel represented a Washington, DC. 2 tells judges to ‘‘avoid . . . the appearance party. This was true even though the law- DEAR SENATOR FEINGOLD: I am replying to of impropriety in all activities.’’ In evalu- yer’s own position on the panel was confiden- your inquiry of February 12, 2002. I assume ating Canon 2, we use an objective standard. tial and unknown to the judge. (The Opinion familiarity with Judge Pickering’s testi- We do not ask whether Judge Pickering states: ‘‘Therefore, in the opinion of the mony and will address the two questions you would in fact ‘‘punish’’ a recalcitrant lawyer Committee, during the period of time that ask. I address only these questions. I take no or what was really on his mind. We should the panel is evaluating the incumbent and position on whether Judge Pickering should not have to make that inquiry. We focus on considering what recommendation to make be confirmed for the Fifth Circuit or the the situation itself and how it will appear to concerning reappointment, a perception weight, if any, that should be given to my the public. would be created in reasonable minds that analysis. Obviously, many facts are relevant Directly on point is Advisory Opinion 97 the magistrate judge’s ability to carry out to a confirmation vote. (1999), which I attach. It was written by the judicial responsibilities with impartiality is It was improper for Judge Pickering to so- Committee on Codes of Conduct of the Judi- impaired in any case involving an attorney licit letters in support of his nomination cial Conference of the United States (the or a party who is a member of the panel.’’) from lawyers who regularly appear before body of federal judges that interprets the Here, of course, the situation is more serious him. It is important to my answer that the Code of Conduct in response to questions because Judge Pickering would know what, Judge asked the lawyers to fax him the let- from judges). The Committee was asked if anything, a lawyer wrote. ters so that he could send them to the Jus- whether and when a person being considered Opinion 97 is consistent with court rulings tice Department for transmittal to the Sen- for the position of U.S. Magistrate, or for re- that have disqualified judges, or reversed ate. He did not ask the lawyers to send any appointment to that position, must recuse judgments, when the judge, personally or letters directly to Washington. Con- himself or herself under the following cir- through another, was exploring the possi- sequently, the Judge would know who sub- cumstances. bility of a job with a law firm or government mitted letters and what the letters said, as Initial appointments as a magistrate judge law office then appearing before him. See, would be obvious to the lawyers. are made by district judges from a list com- e.g., Scott v. U.S., 559 A.2d 745 (D.C. 1989) I will assume initially that none of the piled by a panel of lawyers and others. Iden- (conviction reversed where judge was negoti- lawyers whose letters the judge solicited had tity of the members of the panel is public. ating at the time for a job with the Justice current cases pending before the judge. If a Reappointments as a magistrate judge are Department). Pepsico, Inc. v. McMillen, 764 solicited lawyer (or litigant) did have a pend- made following a report of the same kind of F.2d 458 (7th Cir. 1985) (judge disqualified ing matter, the situation is more serious, as panel. after headhunter for judge contacted law discussed further below. The Committee wrote in Opinion 97 that a firms appearing before judge). Recusal has Judge Pickering’s solicitation creates the person appointed or reappointed as a federal also been required where the judge’s contact appearance of impropriety in violation of magistrate judge did not have to recuse him- with a litigant or lawyer in a pending case Canon 2 of the Code of Conduct for U.S. self or herself from sitting in a case where a was not employment-related but was other- Judges. This document, based on the A.B.A. lawyer before the magistrate judge had been wise viewed as favorable to the judge. Home Code of Judicial Conduct, contains the eth- on the panel recommending the appointment Placement Service, Inc. v. Providence Jour- ical rules that apply to all federal judicial or reappointment. But the opinion empha- nal Co., 739 F.2d 671 (1st Cir. 1984) (recusal re- officers below the Supreme Court. sized that the panel ‘‘operates under a required where judge cooperated with a news- Judge Pickering’s conduct creates the ap- quirement of strict confidentiality,’’ so that paper reporter in a complimentary article pearance of impropriety, in part, because of the candidate was ‘‘privy to the individual about the judge and his wife while news- the power federal judges, and particularly opinions of the panel members concerning paper’s case was pending before judge).

VerDate Mar 15 2010 22:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\2003SENATE\S30OC3.REC S30OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 30, 2003 CONGRESSIONAL RECORD — SENATE S13561 The Code of Conduct for U.S. Judges re- extraordinary behavior on behalf of a vote. In the case of Judge Pickering, quires judges to refrain from activity that defendant in a cross-burning case seri- his candidacy has been reviewed and could lead to unnecessary recusal. Canon 3 ously calls into question his impar- debated twice by the Judiciary Com- states that the ‘‘judicial duties of a judge tiality, his judgment, and his fitness to mittee. Plainly he has received fair takes precedent over all other activities.’’ Canon 5 instructs judges to ‘’regulate extra- serve as an appeals court judge. This consideration of his nomination. judicial activities to minimize the risk of incident looks no better today than it Judge Pickering is simply unfit for conflict with judicial duties.’’ Opinion 97 and did 18 months ago. promotion to the U.S. Court of Appeals the cases cited would have given a current We are further troubled by Judge for the Fifth Circuit. No new facts have litigant who did not write (or whose lawyer Pickering’s continued active solicita- come forward which justifies reconsid- did not write) a letter recommending the tion of support of letters of rec- eration of the Judiciary Committee’s Judge a strong legal basis to seek to recuse ommendation from lawyers practicing decision to reject his nomination last the Judge in the litigant’s case. A litigant before him. Judge Pickering admitted year. For these reasons, I must vote whose case came before the Judge reasonably at his confirmation hearing last year against cloture on his nomination. soon thereafter, but whose lawyer had not that he asked several lawyers who The PRESIDING OFFICER. The Sen- written a letter in response to the Judge’s ator from Vermont. earlier request (as the Judge would be practiced before him to write letters of aware), would also have a basis for a recusal support and to send those letters to his Mr. LEAHY. Mr. President, over the motion. chambers so that he could send them years, I have spoken many times in the I hope this letter assists your important on to the Justice Department. This Chamber. In 29 years I have spoken on work. conduct obviously constitutes an abuse everything from arms control treaties Sincerely yours, of a judge’s position. Even after hear- to relatively routine matters. In this STEPHEN GILLERS. ing the ethical concerns of many last particular case, I come here with mixed Mr. KOHL. Mr. President, today we year, he has continued this inappro- feelings. The Senator from New York are considering the nomination of priate practice. Such plain disregard spoke about his two friends from Mis- Charles Pickering to the Fifth Circuit for judicial proprieties and ethics sissippi, and that does bother me be- Court of Appeals. Despite the fact that speaks loudly against promoting Judge cause the Senate—and I believe I am the Judiciary Committee rejected his Pickering to the Fifth Circuit. very much a creature of the Senate—on confirmation little more than 18 The deficiencies in Judge Pickering’s many issues, gets along with comity. months ago, the President has seen fit record are particularly intolerable in a The Senators from Mississippi are both to renominate Judge Pickering for this candidate for an appellate judgeship. good friends. appellate court judgeship. But nothing Once confirmed to their positions for I consider the senior Senator from that has occurred in the last year life, federal judges are unanswerable to Mississippi, Mr. COCHRAN, one of my should alter our conclusion that we the Congress, the President, or the peo- closest friends in this body. We trav- should not confirm Judge Pickering. ple. But this fact has special force eled together in Mississippi, in The President’s decision to again ad- when we are considering an appellate Vermont, abroad, and we have always vance Judge Pickering’s nomination at court nominee. On the circuit court, a worked closely together on everything this time is hard to understand. Had judge enjoys the freedom to make pol- from appropriations to agricultural matters. new facts come to light regarding icy if he chooses with little concern of Senator LOTT has always been very Judge Pickering’s qualifications or being overruled. Subject only to the in- record which assuaged our doubts con- courteous to me and is a good friend. frequent review by the Supreme Court, We even compare photographs of our cerning his fitness for this judgeship, Court of Appeals judges are the last or new explanations emerged for his grandchildren. I think we have both word with respect to our liberties, our come to the conclusion that is the best rulings and actions while a district Constitution, and our civil rights. part of life. judge, we could understand the Presi- I also should stress that I do not op- We are at a challenging time in our dent’s decision to renominate him. But pose Judge Pickering because his polit- Nation’s history. Over the last several absolutely nothing of the kind has hap- ical views might be different than days more than 200 people have been pened. His record was scrutinized at mine. The President has a right to ap- killed or wounded in Baghdad. The length and in detail by this Committee point judges of his own political number of unemployed Americans has last year, and a majority found it defi- leanings. But in the case of Judge been at or near levels not seen in years, cient. Rather than examining the Pickering, it appears his ideology is so poverty is on the rise in our country, qualifications and record of a new strong, and his convictions so settled, and the current administration seems nominee, we are once again rehashing as to interfere with his ability to fairly intent on saddling our children and the already well-documented and well- dispense justice and protect the rights grandchildren with trillions in deficits established problems with this nomi- of the most vulnerable in our society. and debt. For the first time in a dozen nee. And our conclusion today is the Judge Pickering’s record as a judge years, charitable giving in this country same as it was last year—Judge Pick- over the past decade has called into is down. That is not the type of com- ering does not warrant a promotion to question whether he can enter the passion we heard about just 3 short the Fifth Circuit. courtroom and apply the law fairly, ob- years ago. As Judge Pickering’s record became jectively, and without prejudice. This While negative indicators are spik- known last year, we grew more and reason alone compels us to oppose his ing, the Republican leadership of the more concerned about his ability to nomination. Congress now is choosing to abandon apply and make the law without inter- I must also dissent from the charge work on very real problems in edu- jecting his strongly held opinions. that filibustering this nomination is an cation, health care and national secu- Many of Judge Pickering’s decisions abuse of our Constitutional duty to ad- rity to turn the Senate’s attention to are far outside of the mainstream and vise and consent. While such a step is wheel-spinning exercises involving the appeared to be motivated by a rigid not—and should not—be done rou- most controversial judicial nominees. ideological agenda. For example, he tinely, filibusters of judicial nomina- Ironically, in spite of the heated has shown an unrelenting hostility to tions have been undertaken under the rhetoric on the other side of the aisle, persons bringing cases of employment leadership of both parties several times we have made progress on judicial va- discrimination on the grounds of race, in recent years. This does not even cancies when and where the adminis- ethnicity or gender. In voting rights take into account the silent filibuster tration has been willing to work with cases, he has demonstrated a callous known as a ‘‘hold’’—often anonymous— the Senate. Indeed, just the other day attitude toward the core democratic which permits one objector to block the Senate confirmed the 167th of this principle that every vote must count. consideration of a judicial nominee. President’s judicial nominees—100 of And we are all aware of Judge President Clinton’s nominees were rou- them, confirmed by the previous Demo- Pickering’s disgraceful actions to re- tinely defeated by anonymous holds. cratic-controlled Senate. duce the sentence of a man convicted And those holds only defeated the In less than 3 years’ time, the num- burning a cross in the front lawn of an nominees who were lucky enough to ber of President George W. Bush’s judi- interracial couple. Judge Pickering’s even get a hearing and a committee cial nominees confirmed by the Senate

VerDate Mar 15 2010 22:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\2003SENATE\S30OC3.REC S30OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13562 CONGRESSIONAL RECORD — SENATE October 30, 2003 has exceeded the number of judicial 66 of President Bush’s judicial nomi- ment, the State Department, the Com- nominees confirmed for President nees even though it was a Presidential merce Department and the Federal ju- Reagan in all 4 years of his first term election year. By contrast, in 1996, diciary. The Senate is being asked to in office. Republicans acknowledge when Republicans controlled the pace devote its time to the nomination of a Ronald Reagan as the ‘‘all time for consideration of President Clinton’s candidate for a judgeship who has dem- champ’’ at appointing Federal judges, judicial nominees, only 17 judges were onstrated that his record as a lower and already the record compiled by the confirmed, and not a single one of them court judge is not deserving of a pro- Senate in confirming President George was to a circuit court. motion. Instead of putting partisanship W. Bush’s nominees compares very fa- In fact, President Bush has now al- aside and bridging our differences for vorably to his. Since July 2001, despite ready appointed more judges in his the sake of accomplishing what we can the fact that the Senate majority has third year in office than in the third for the American people, we are asked shifted twice, a total of 167 judicial year of the last five Presidential terms, to participate in a transparently polit- nominations have been confirmed, in- including the most recent term when ical exercise initiated by a President cluding 29 circuit court appointments. Republicans controlled the Senate and who claimed to want to be a uniter, not One hundred judges were confirmed in President Clinton was leading the a divider. With respect to his extreme the 17 months of the Democratic Sen- country to historic economic achieve- judicial nominations, President George ate majority, and now 67 more have ments. That year, in 1999, Republicans W. Bush is the most divisive President been confirmed during the comparative allowed only 34 judicial nominees of in modern times. Through his extreme time of the Republican majority. President Clinton to be confirmed all judicial nominations, he is dividing the One would think that the White year, including only 7 circuit court American people and he is dividing the House and the Republicans in the Sen- nominees. Those are close to the aver- Senate. ate would be heralding this landmark. age totals for the 6 years from 1995 to One would think they would be con- 2000 when a Republican Senate major- The nominee we are being asked by gratulating the Senate for putting ity was determining how quickly to the majority to consider today is more lifetime appointed judges on the consider the judicial nominees of a Charles W. Pickering, Sr., currently a Federal bench than President Reagan Democratic President. By contrast, the lifetime appointee on the Federal trial did in his entire first term and doing it Senate to this point has confirmed 67 court in Mississippi. Originally nomi- in three-quarters of the time. But Re- judicial nominees, including 12 circuit nated in 2001 by President Bush, this publicans have a different partisan court nominees, almost double the to- nominee’s record underwent a thor- message. The truth is not consistent tals for 1999. ough examination by the Senate Judi- with their efforts to mislead the Amer- These facts stand in stark contrast to ciary Committee and was found lack- ican people into thinking that Demo- the false partisan rhetoric by which ing. Rejected for this promotion by the crats have obstructed judicial nomina- Republican partisans have sought to committee last year because of his tions. Only a handful of the most ex- demonize the Senate for having poor record as a judge and the ethical treme and controversial nominations blocked seemingly all of this Presi- problems raised by his handling of his have been denied consent by the Sen- dent’s judicial nominations. The re- duties in specific instances, Judge ate. Until today only three have failed. ality is that the Senate is proceeding Pickering’s nomination was nonethe- One-hundred sixty-seven to three. That at a record pace and achieving record less sent back to the Senate this year record is in stark contrast to the more numbers. We have worked hard to bal- by a President who is the first in our than 60 judicial nominees from Presi- ance the need to fill judicial vacancies history to reject the judgment of the dent Clinton who were blocked by a Re- with the imperative that Federal Judiciary Committee on a judicial publican-led Senate. judges need to be fair. nominee. This is the only President Not only has President Bush been ac- In so doing, we have reduced the who has renominated someone rejected corded more confirmations than Presi- number of judicial vacancies to 39, ac- on a vote by the Judiciary Committee dent Reagan was during his entire first cording to the Republican Web site for for a judicial appointment. term, but the Senate also has voted the Judiciary Committee. Had we not For a while this year this renomina- more confirmations this year than in added more judgeships last year, the tion lay dormant while Republicans any of the 6 years that Republicans vacancies might well stand below 25. planned a followup hearing in their ef- controlled the Senate when President More than 95 percent of the Federal fort to reinterpret the facts and the Clinton was in office. Not once was judgeships are filled. After inheriting record. Every once in a while we would President Clinton allowed 67 confirma- 110 vacancies when the Senate Judici- read a news account reporting that tions in a year when Republicans con- ary Committee reorganized under some Republican official or other trolled the pace of confirmations. De- Democratic control in 2001, I helped would insist that the nomination was spite the high numbers of vacancies move through and confirm 100 of the to resurface. Judge Pickering himself and availability of highly qualified President’s judicial nominees in just 17 told an audience at a recently deliv- nominees, Republicans never cooper- months. With the additional 67 con- ered speech that several hearings on ated with President Clinton to the ex- firmations this year, we have reached his nomination were scheduled and tent Senate Democrats have. President the lowest number of vacancies in 13 cancelled over the last year by the Re- Bush has appointed more lifetime cir- years. There are more Federal judges publicans. cuit and district court judges in 10 on the bench today than at any time in Recently, however, Republicans de- months this year than President Clin- American history. ton was allowed in 1995, 1996, 1997, 1998, But, despite this record of progress, cided to forego any pretense at pro- 1999, or 2000. made possible only through good faith ceeding in regular order. They simply Last year, the Democratic majority effort by Democrats on behalf of a Re- placed the name of Judge Pickering on in the Senate proceeded to confirm 72 publican President’s nominees, and in the committee’s markup agenda and of President Bush’s judicial nominees the wake of the years of unfairness voted him out by means of their one- and was savagely attacked nonetheless. shown the nominees of a Democratic vote majority. There was no reason Likewise, in 1992, the last previous full President, the Republican leadership given for suddenly bringing this nomi- year in which a Democratic Senate ma- has decided to use partisan plays out of nation to the fore again. There are jority considered the nominees of a Re- its playbook as this year winds down. plenty of nominees for the committee publican President, 66 circuit and dis- Today we discuss the nomination of a to consider whom it has not previously trict court judges were confirmed. His- candidate for a judgeship whose record rejected. The committee had been told torically, in the last year of an admin- already has been thoroughly examined since January that a new hearing istration, consideration of nominations and rejected by the Senate Judiciary would first be held, but none was. slows, the ‘‘Thurmond rule’’ is invoked, Committee. Instead of debating and So the timing has begged the ques- and vacancies are left to the winner of voting on the appropriations bills re- tion: Why Judge Pickering, and why the Presidential election. In 1992, how- maining to us for this year, including now? Why not move ahead to confirm ever, Democrats proceeded to confirm the bill that funds the Justice Depart- well-qualified candidates, such as

VerDate Mar 15 2010 22:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\2003SENATE\S30OC3.REC S30OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 30, 2003 CONGRESSIONAL RECORD — SENATE S13563 Roger Titus or Gary Sharpe? Why ex- the filibuster. Some Republicans would 2003, and March 13, 2003, I summarized pend the Senate’s valuable time re- now have the public believe that a fili- the history of filibusters of nominees. I hashing arguments about a controver- buster of a nominee is, in their words, also spoke on May 19, 2003, about the sial nomination that has already been ‘‘unprecedented.’’ This is another de- history of Senate debate and the con- rejected once before? ception. As some of these same Repub- stitutionality of Rule XXII of the Sen- Some have charged that the timing licans well know, they filibustered the ate rules. The fact of the matter is that of this vote has been arranged to coin- nominations of Judge Paez and Judge many nominees have been blocked cide with the gubernatorial election Berzon on the floor of the Senate in from receiving votes throughout the next Tuesday in Mississippi. That is be- 1999 and 2000, as they conceded at that Senate’s history. For example, 25 Su- cause for month, after month, after time. By way of example, I note that preme Court nominees were not con- month—10 months, in fact—this re- several Republicans currently serving firmed in the Senate’s history. Eleven nomination lay dormant, and Repub- voted against cloture, the motion to of those nominations were defeated by licans seemed reluctant to bring it close debate, after the Paez nomination delay, not by confirmation votes on the back to the committee, let alone to the had been pending before the Senate for Senate floor, including the nomination Senate floor, for votes. more than four years. I have already of Justice Fortas. Since the early 19th Next Tuesday, the people of Mis- noted that even after losing the cloture century, nominees for the highest sissippi will be voting for their Gov- vote, Republicans led by Senator SES- court and to the lowest short-term ernor in what newspapers report may SIONS moved to indefinitely postpone a posts have been defeated by delay, be a pretty tight race. So now that this vote on Judge Paez’s nomination, and a while others were voted down. Not even nomination is back, coinciding so neat- number of Republican Senators cur- all of President Washington’s nominees ly with an election in which Haley rently serving voted to continue to were confirmed, nor were many other Barbour, a savvy Republican political block action on the Paez nomination in Presidents’, often for political or ideo- operative, is challenging an incumbent 2000. Yet some Republican Senators logical reasons. Filibusters and other Democratic Governor, Ronnie now claim that it is unprecedented to parliamentary practices to delay mat- Musgrove, it does make you wonder— filibuster or deny a circuit court nomi- ters were known to the Framers. There especially when Governor Musgrove nee an up or down confirmation vote was even a filibuster in the first Con- supports the Pickering nomination. on the Senate floor. gress over locating the capital. Let us hope that the Senate is not Their filibuster of Judge Paez’s nomi- It is too bad that it has come to a fil- being used for that partisan purpose. nation is just one example of Repub- ibuster on Judge Pickering’s nomina- Here we have a nominee defeated by lican filibusters of Democratic nomi- tion, but the White House’s refusal to the Judiciary Committee entirely on nees. Others include Dr. David Satcher accept the Senate’s advice has made it the merits—a nominee who, as Demo- to be Surgeon General in 1998; Dr. inevitable. cratic Senators have shown, has a Let me clearly outline, once again, Henry Foster to be Surgeon General in record that does not merit this pro- the reasons why I cannot support this 1995; Judge H. Lee Sarokin to the Third motion, who injects his personal views nomination. Circuit in 1994; Ricki Tigert to the Fed- into judicial opinions, and who has Judge Pickering was nominated to a made highly questionable ethical judg- eral Deposit Insurance Corporation in vacancy on the Fifth Circuit on May ments. We also have a record of mis- 1994; Derek Shearer to be an Ambas- 25, 2001. Unfortunately, due to the leading and unfair arguments made by sador in 1994; Sam Brown to an ambas- White House’s change in the process the nominee’s supporters in the Senate sador-level position in 1994; Rosemary that had been used by Republican and in the wake of his first defeat, exam- Barkett, a Mexican-American attor- Democratic Presidents for more than ples of Republican Senators implying ney, nominated to the 11th Circuit, 50 years, his peer review conducted by that Democrats opposed the nominee 1994; Larry Lawrence, to be ambassador the ABA’s Standing Committee on the because of his religion or region. in 1994; Janet Napolitano at the Justice Federal Judiciary was not received Some believe that the political cal- Department in 1993; and Walter until late July of that year, just before culation has been made to ignore the Dellinger to be Assistant Attorney the August recess. At that point the facts, to pin some unflattering charac- General for the Office of Legal Counsel committee was concentrating on expe- terization on Democratic candidates in at the Justice Department in 1993. diting the confirmation hearing of the Mississippi, and to count on cynicism The nominations of Dr. Foster and new Director of the Federal Bureau of and misinformation to rule the day. In- Mr. Brown were successfully filibus- Investigation, who was confirmed in troduce the red herring that opposition tered on the Senate floor by Repub- record time before the August recess, to Judge Pickering’s confirmation is licans. Similarly, the nomination of and other nominations. tantamount to some kind of insult to Abe Fortas by President Lyndon B. As a result of a Republican objection the South, and hope nobody sees Johnson to the Supreme Court of the to a Democratic leadership request to through that deception. United States was successfully filibus- retain all judicial nominations pending The poorly named ‘‘Committee for tered by Republicans with help from before the Senate through the August Justice,’’ an organization created to some Southern Democrats. recess, the initial nomination of Judge make the ugliest and most partisan po- In addition, to the nominees of Pickering was required by Senate litical arguments in favor of President Democratic Presidents whose nomina- Rules to be returned to the President Bush’s nominees, and an organization tions were subject to sometimes fatal without action. Judge Pickering was run by the first President Bush’s White delay on the floor, Republicans made renominated in September, 2001. House Counsel, Boyden Gray, has alan art form of killing nominations in Although Judge Pickering’s nomina- ready produced television advertise- committee so that they would never tions was not among the first batch of ments in support of Judge Pickering, even have a vote on the floor. Accord- nominations announced by the White designed to put pressure on Democratic ing to the public record, more than 60 House and received by the Senate, in Senators. How long before we see those of President Clinton’s judicial nomi- an effort to accommodate the Repub- ads running on Mississippi television nees were defeated by willful refusal to lican Leader, I included this nomina- stations? And out of whose offices does allow them a vote, and more than 200 tion at one of our three October hear- the ‘‘Committee for Justice’’ do its executive branch nominees, including ings for judicial nominations. The day business? None other than the Wash- several Latinos, of President Clinton before his hearing, held on October 18, ington lobbying firm still controlled by met the same fate, with their nomina- the three Senate office buildings were and named after the Republican nomi- tions nixed in the dark of night with- evacuated because of the threat of an- nee himself, Mr. Haley Barbour. And out any accountability. They were fili- thrax contamination. Rather than can- now, as part of an orchestrated cam- bustered and never allowed votes on cel the hearing in the wake of the Sep- paign, Republican partisans in the the Senate floor. I discussed this his- tember 11 attacks and the dislocations House have also been pressed into serv- tory in more detail on February 26, due to the anthrax letters, we sought ice for this misinformation campaign. 2003, in the CONGRESSIONAL RECORD. to go forward. Another shameful thing we will hear In addition, in the CONGRESSIONAL Senator SCHUMER chaired the session today is a distortion of the history of RECORD on March 5, 2003, March 11, in a room in the Capitol, but only a few

VerDate Mar 15 2010 22:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\2003SENATE\S30OC3.REC S30OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13564 CONGRESSIONAL RECORD — SENATE October 30, 2003 Senators were available to participate. second hearing, and another 200 or Judiciary Committee. Those members Security and space constraints pre- more nearly a week after. It took three who had concerns about the nomina- vented all but a handful of people from written requests from the committee tion raised them and gave the nominee attending. In preparation for the Octo- and more than 3 months, but eventu- the opportunity to respond, both at his ber 18 hearing, we determined that ally we were assured that all available hearing and in written follow-up ques- Judge Pickering had published a com- computer databases and paper archives tions. In particular, I thank Senator paratively small number of his district for all existing unpublished opinions SCHUMER for chairing the October 18 court opinions over the years. In order had been searched. hearing and for his fairness then and, to give the committee time to consider We appreciated Judge Pickering and again, at the February follow-up hear- the large number of unpublished opin- his clerks providing the requested ma- ing. I commend Senator FEINSTEIN for ions that Judge Pickering estimated he terials. Other nominees had been asked her fairness in chairing that follow-up had written in his 12 years on the by this committee to fulfill far more hearing. I said at the time that I could bench, and because of the constraints burdensome requests than producing not remember anyone being more fair on public access to the first hearing, copies of their own judicial opinions. than she was that day, and I reiterate the committee afforded the nominee an For example, 4 years after he was nom- that today. opportunity for a second hearing. inated to the Ninth Circuit, Judge My regret is that she and so many I continued to work with Senator Richard Paez was asked to produce a Democrats on the Judiciary Committee LOTT and, as I told him in response to list of every one of his downward de- were subjected to unfair criticism and his inquiries that December, I pro- partures from the Federal Sentencing attacks on their character and judg- ceeded to schedule that follow-up hear- Guidelines during his time on the Fed- ment after last year’s committee vote ing for the first full week of the 2002 eral district court. That request re- defeating the nomination. I was dis- session. There was, of course, ample required three people to travel to Cali- tressed to hear that Senator FEINSTEIN cent precedent for scheduling a follow- fornia and join the judge’s staff to received calls and criticism, as have I, up session for a judicial nominee. hand-search his archives. Margaret that were based on our religious affili- Among those nominees who partici- Morrow, who was nominated to a dis- ations. That was wrong. I was dis- pated in two hearings over the last few trict court judgeship, was asked to disappointed to see Senator EDWARDS sub- years were Marsha Berzon, Richard close her votes on California referenda jected to criticism and insults and Paez, Margaret Morrow, Arthur over a number of years and required to name-calling for asking questions. Gajarsa, Eric Clay, William Fletcher, collect old bar magazine columns from That was regrettable. While Democrats Ann Aiken and Susan Mollway, among years before. Marsha Berzon, who was and most Republicans have kept to the others. Unlike those hearings, some of nominated to the Ninth Circuit, was merits of this nomination, it is most which were held years after the initial asked to produce her attendance record unfortunate that others chose to vilify, hearings, Judge Pickering’s second from the ACLU of Northern California. castigate, unfairly characterize and hearing was held less than 4 months She was also asked to produce records condemn without basis some Senators after the first one and, as promised, of the board meetings and minutes of who were working conscientiously to during the first full week of the fol- those meeting so that Senators could fulfill their constitutional responsibil- lowing session. determine how she had voted on parities. I should note that the committee ticular issues. Timothy Dyk, nomi- I would like to explain exactly what worked with Senators LOTT and COCH- nated to the Federal circuit, was asked it is about Judge Pickering’s record as RAN from the time of the change in the for detailed billing records from a pro a judge that so clearly argues against majority to ensure swift confirmation bono case that was handled by an asso- his confirmation. My first area of con- of other consensus candidates to the ciate he supervised at his law firm. cern, which I raised at his hearing, is Federal bench, and as United States The Judiciary Committee only asked that Judge Pickering’s record on the Attorneys and United States Marshals. Judge Pickering to produce a record of United States District Court bench, as On October 11, 2001, the Senate con- his judicial rulings. They are public reflected by several troubling rever- firmed United States District Court documents but were not readily avail- sals, does not commend him for ele- Judge Michael Mills for the Northern able to the public or the committee. vation. Instead, it indicates a pattern District of Mississippi; on October 23, Given the controversial nature of this of not knowing or choosing not to fol- James Greenlee was confirmed as the nomination and the disproportionately low the law, of relying to his detriment U.S. Attorney for the Northern District high number of unpublished opinions, on magistrates and of misstating and of Mississippi; and on November 6, this request was appropriate as part of missing the law. Dunn Lampton received Senate ap- our efforts to provide a full and fair At his hearing, I asked Judge Pick- proval to be the U.S. Attorney for the record on which to evaluate this nomi- ering about many of these reversals. Southern District of Mississippi; Nehe- nation, as some Republican Senators Looking at his record, I saw that he miah Flowers was confirmed as the have conceded. had been reversed by the Fifth Circuit U.S. Marshal for the Southern District I set forth this background, for the at least 25 times. And in 15 of those of Mississippi on February 8 although record, to ensure that no one misunder- cases, the Fifth Circuit reversed him he was not nominated until the week stands how the committee went about without publishing their decisions, before adjournment last session; and evaluating Judge Pickering’s record. which according to their rules and Larry Wagster was confirmed as the We did not engage in a game of tit-for- practice indicates that the appellate U.S. Marshal for the Northern District tat for past Republican practices, nor court regards its decision as based on of Mississippi on February 8 although did we delay proceeding on this nomi- well-settled principles of law. Those he was not nominated until the day be- nation, as so many nominations were Fifth Circuit reversals on well-settled fore adjournment the session before. delayed in recent years. Rather, the issues indicated that Judge Pickering We moved forward quickly that year to Senate Judiciary Committee seriously had committed mistakes as a judge in fill all these crucial law enforcement considered the nomination, gave the either not knowing the law or in not vacancies in Mississippi. nominee two opportunities to be heard, applying the law in the cases before After determining that the number of and promptly scheduled a Committee him. That is fundamental to judging. Judge Pickering’s published opinions vote. I also postponed a business meet- I asked Judge Pickering about a was unusually low, and within a week ing of the committee 1 week at the re- toxic tort case, Abram v. Reichhold of the first hearing, the committee quest of the Republican leader, out of Chemicals. There he dismissed with made a formal request to Judge Pick- deference and courtesy to him. prejudice the claims of eight plaintiffs ering for his unpublished opinions. The responsibility to advise and con- because he held that they had not com- Judge Pickering produced copies of sent on the President’s nominees is one plied with a case management order. those opinions to us. They came to the that I take seriously. I firmly believe That means he dismissed them and de- committee in sets of 100 or more at a that Judge Pickering’s nomination to nied them all rights to bring the case. time, including a delivery of more than the Court of Appeals was given a fair Again, the Fifth Circuit reversed Judge 200 the day before Judge Pickering’s hearing and a fair process before the Pickering’s dismissal, holding he had

VerDate Mar 15 2010 22:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\2003SENATE\S30OC3.REC S30OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 30, 2003 CONGRESSIONAL RECORD — SENATE S13565 abused his discretion because he had made much the same argument about Judge Pickering’s denial of the in- not tried to use lesser sanctions before fire hazards and clogged plumbing that mate’s motion, explaining that the in- throwing the plaintiffs out of court were made by prison officials and ac- mate’s ‘‘allegation that he asked his permanently, without hearing the case cepted by Judge Pickering in the John- counsel to file a direct appeal triggered on the merits. Again, the Fifth Circuit son case. This was a case with almost an obligation to hold an evidentiary did not publish its reversal, indicating identical facts in his own circuit, what hearing.’’ This time the court of ap- that it was settled law that a dismissal we call in the law a case ‘‘on all fours’’ peals relied on two of its own published with prejudice was appropriate only with the Johnson case, and he did not decisions for its conclusion, neither of where the failure to comply was the re- cite it. Indeed, he turned his back on it which Judge Pickering mentioned in sult of purposeful delay or contuma- and ruled the other way. We do not his ruling. Again, there was settled law ciousness, and the record reflects that know whether he did not know the law in the circuit of which Judge Pickering the district court employed lesser sanc- or did not follow it. At the hearing, was unaware of that he chose not to tions before dismissing that action. Judge Pickering admitted that the follow. The Fifth Circuit found none of those magistrate who had worked on the I know that something will likely be conditions existed. matter and he had ‘‘goofed’’ and that made of statistics purporting to show Approximately 3 years before revers- he was unaware of the law and the re- that Judge Pickering does not have an ing Judge Pickering in the Abram case, cent, binding precedent in his own cir- unusually high ‘‘reversal rate,’’ and it had reversed him on the same legal cuit. that other judges, some appointed by principle in a case called Heptinstall v. There are many other reversals, Democrats, have higher numbers of un- Blount. There the Fifth Circuit held which continue to concern me for the published reversals. Whatever these that he had abused his discretion in same reasons that I remain concerned numbers purport to represent about dismissing a case with prejudice for a about the Johnson case and about the the quantity of Judge Pickering’s re- discovery violation without any indica- Abram case. versals—and I cannot vouch for them One of them is a case called Arthur tion that he had used this extreme one way or another, not knowing their Loper v. United States. This is another measure as a remedy of last resort. source or meaning—they do not in any case in which Judge Pickering was re- And in its ruling in Heptinstall, the way excuse the poor quality of his un- versed in an unpublished Fifth Circuit Court cited another of its previous rul- derlying opinions. opinion, which again means that he ings which stated the same principle of In addition to the many times that violated ‘‘well-settled principles of law. Thus, this was not a principle with Judge Pickering has been reversed by law.’’ This case dealt with an enhanced which Judge Pickering was unfamiliar, the Court of Appeals for not knowing sentence that the Fifth Circuit found he had been reversed on that basis once or following the law, there are numer- he had imposed improperly on a crimi- and committed the same error again. ous instances of Judge Pickering mis- nal defendant. When the defendant This was binding Fifth Circuit author- stating the law in cases that were not made a motion for the sentence to be ity of which he was aware but chose appealed to a higher court and other corrected or set aside, Judge Pickering not to follow. cases in which he stated a conclusion At his hearing, I asked Judge Pick- denied the inmate’s motion without without any legal support. ering to explain his ruling in Abram, giving him a hearing but without even An example is a statement by Judge especially in light of the prior reversal waiting for the government to respond. Pickering in a case called Barnes v. by the Fifth Circuit on the same prin- On appeal, the Fifth Circuit reversed Mississippi Department of Corrections. ciple of law in another of his earlier Judge Pickering’s denial of the motion, In an earlier go-round in this case, the cases. And while he offered his recol- noting that the government conceded Fifth Circuit had reversed Judge Pick- lection of the facts of the case, he of- that the defendant was correct, and ering on one point, and in this later fered no satisfactory explanation of that an error had been made that pro- opinion, he tried to explain that they why he ruled in a way contrary to set- hibited the judge from imposing the did so, in part, on the basis of a 1993 tled and binding precedent. sentence that he did. The Fifth Circuit I asked Judge Pickering about a first also cited the statute under which the Supreme Court case called Withrow v. amendment case, Rayfield Johnson v. inmate filed his motion, which requires Williams. In particular, Judge Pick- Forrest County Sheriff’s Department. that under ordinary circumstances, the ering wrote that the Supreme Court, This was a case in which a prison in- trial judge ‘‘shall . . . grant a prompt ‘‘acknowledg[ed] in Withrow that the mate filed a civil rights lawsuit claim- hearing’’ and ‘‘make findings of fact Miranda warning is not a constitu- ing that a jail’s rules preventing in- and conclusions of law’’ on the peti- tional mandate.’’ This was clearly a mates from receiving magazines by tioner’s claims. The Fifth Circuit criti- misreading of Withrow. I trust that mail violated his first amendment cized Judge Pickering for denying the Judge Pickering would now acknowl- rights. In an unpublished one-para- motion in a ‘‘one-page order that did edge that the Supreme Court recently graph judgment, Judge Pickering not contain his reasoning.’’ And then made clear in Dickerson v. United adopted the recommendation of a mag- the court went on to remind him that States that the Miranda warning is in- istrate and granted the jail officials’ ‘‘[a] statement of the court’s findings deed derived from a constitutional motion to grant them summary judg- of fact and conclusions of law is nor- mandate. ment. In other words, he said that the mally ‘indispensable to appellate re- An example of an entirely unsup- petitioner’s claim of a first amendment view.’ ’’ Reading this case, I can only ported conclusion comes in a case right to religious materials which he wonder why Judge Pickering did not called Holtzclaw v. United States, wanted to get through the mail would abide by the statute and follow the where Judge Pickering presided over a be denied without further proceedings. law. Was he unaware of the require- habeas corpus petition by a Federal pe- In its unpublished opinion, the Fifth ments of the law or had he decided to titioner whom he had convicted. Al- Circuit Court of Appeals, not consid- follow his own view of what the law though this was the first habeas peti- ered by many a liberal circuit or one should be on the matter? tion the prisoner had filed, Pickering that coddles prisoners, reversed Judge There is another case in which Judge termed the petition frivolous. He re- Pickering and said that the inmate’s Pickering denied a petitioner’s motion garded the petition as restating claims first amendment rights had been vio- for a hearing and missed controlling that had already been made at trial. He lated. In explaining why he was wrong, Fifth Circuit precedent. The case was dismissed it, and stated that he would the Fifth Circuit relied on and cited a U.S. v. Marlon Johnson, in which a order prison officials to punish the pe- published decision of its own from sev- prisoner claimed that his rights had titioner if he filed another frivolous pe- eral years before, Mann v. Smith. In been violated because of ineffective as- tition. Judge Pickering also conducted that case, they struck down a jail rule sistance of counsel and asked that his a ‘‘survey’’ of cases within his district prohibiting detainees from receiving guilty plea be set aside. The inmate to determine how many frivolous ha- newspapers and magazines, holding claimed that he had asked his counsel beas petitions had been filed. However, that it violated the first amendment. to file a direct appeal of his conviction. in the section of his opinion dealing What was of concern here was that in Once again, in another unpublished with the sanctions, he did not cite a the Mann case, the prison officials had opinion, the Fifth Circuit reversed single statute, rule of procedure, local

VerDate Mar 15 2010 22:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\2003SENATE\S30OC3.REC S30OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13566 CONGRESSIONAL RECORD — SENATE October 30, 2003 rule or case as support for his decision. Whenever a party to any proceeding in a plaintiffs claiming employment dis- He stated: district court makes and files a timely and crimination should not be in court, and sufficient affidavit that the judge before In the future, this Court will give serious about the general lack of substance of whom the matter is pending has a personal consideration to requiring prison authorities bias or prejudice either against him or in claims brought under the federal anti- to restrict rights and privileges of prison in- favor of any adverse party, such judge shall discrimination statutes. mates who file frivolous petitions before this proceed no further therein, but another For example, in a 1996 case, Johnson Court. Specifically, this Court gives notice judge shall be assigned to hear such pro- v. Southern Mississippi Home Health, to Roger Franklin Holtzclaw that should he ceeding. Judge Pickering did not limit his opin- file another frivolous petition for habeas corpus in the future, that the Court will seri- According to the statute, the Judge ion to a legal conclusion based on the ously consider and very likely order the ap- had to allow another judge decide facts presented. Instead he made sure propriate prison officials to restrict and whether he should be recused or not. to note that: limit the privileges and rights of Petitioner However, Judge Pickering did not fol- The fact that a black employee is termi- for a period of from three to six months and/ low the law, and he decided the case nated does not automatically indicate dis- or that the Court will also consider other ap- himself, stating that the affidavit was crimination. The Civil Rights Act was not propriate sanctions. Petitioner Roger Frank- false. In support of his decision, he passed to guarantee job security to employ- lin Holtzclaw is instructed not to file further cited the dissent in a Fifth Circuit ees who do not do their job adequately. frivolous petitions. case. In a case called Seeley v. Hattiesburg, Judge Pickering relied on no author- I am also concerned about Judge No. 2:96–CV–327PG, (S.D. Miss. Feb. 17, ity when he threatened to impose sanc- Pickering’s rulings and the attitude 1998), where he should have limited tions. This sort of action by a federal they signal on one of the most precious himself to the facts and the law, Judge judge is disturbing. Through consider- rights we have as Americans: voting Pickering went on to comment about ation and passage of habeas corpus re- rights. In Fairly v. Forrest County, a other matters relating to race dis- forms in 1996, Congress has made very 1993 case, Judge Pickering rejected a crimination lawsuits apparently on his deliberate decisions about what sanc- ‘‘one-person, one-vote’’ challenge to mind at the time, writing that: tions ought to be imposed for frivolous voting districts that deviated in popu- [T]he Courts are not super personnel man- and repetitious petitions. In Holtzclaw, lation by more than the amount agers charged with second guessing every Judge Pickering went beyond Congress’ deemed presumptively unconstitu- employment decision made regarding mi- intent, and in what could be described tional by the Supreme Court. He called norities. . . The federal courts must never beas judicial activism, threatens sanc- the doctrine of one-person, one-vote come safe havens for employees who are in a class protected from discrimination, but who tions not contemplated by the statute. ‘‘obtrusive,’’ expressing skepticism Another example of Judge in fact are employees who are derelict in about the role of the Federal courts in their duties. Pickering’s misunderstanding the ba- vindicating rights under the Voting In a credit discrimination case, sics of Federal practice and due process Rights Act in order to ensure meaning- occurred in a case called Rudd v. Jones, Judge Pickering ruled on the case be- ful participation by all citizens in elec- fore him, and then included a lengthy where he presided over a prisoner’s tions. In that case he also denigrates civil rights claim before the enactment lecture giving his very personal views the value of each citizen’s vote, argu- on anti-discrimination laws. He wrote: of the Prisoner Litigation Reform Act. ing that the impact of any mal- This case demonstrates one of the side ef- He properly noted that the Supreme apportionment ‘‘is almost infinites- Court required that a pro se plaintiff is fects resulting from anti-discrimination laws imal’’ because an individual voter and racial polarization. When an adverse ac- ‘‘entitled to have his complaint lib- holds so little power. While we have al- tion is taken affecting one covered by such erally construed’’ and admitted that, ways known about the power and value laws, there is a tendency on the part of the under this rule, the complaint ‘‘could of individual votes, the last Presi- person affected to spontaneously react that be construed to state a cause of ac- dential election has certainly taught discrimination caused the action. Sometimes tion.’’ Nevertheless, he claimed that all of us a new respect for the impact of this is true and sometimes it is not true. All the complaint was stated in only con- each citizen. Judge Pickering’s dis- of us have difficulty accepting the fact that we sometimes create our own problems. clusory terms and decided that, ‘‘based regard for such a vital American right upon previous experience with com- When expectations are created that are in- and for the worth of each American’s capable of fulfillment. . . Plaintiffs fail to plaints that are couched in such a vote is extremely troubling. recognize that whatever your race—black, highly conclusory fashion, this Court is Additional questions arise from an- white, or other—natural consequences flow aware that plaintiffs in such cases are other disturbing trend that emerges from one’s actions. The fact that one hap- very rarely successful and very seldom from a review of Judge Pickering’s pens to be protected from discrimination come forward with any facts that opinions, published and unpublished: does not give one insulation from one’s own would even justify a trial.’’ Therefore, his habit of inserting his personal actions. on his own motion, the Judge ordered views into written decisions in such a All of this unnecessary editorializing the plaintiff to refile the complaint way as to create a terrible impression is ironic given Judge Pickering’s testi- with more specific allegations or have of bias to categories of plaintiffs and mony at his first hearing in October of the case dismissed before defendant hostility to entire types of claims be- last year, when he explained to the had to respond. He also did another fore the Federal courts. committee why he has chosen to pub- ‘‘survey’’ to prove that Federal courts One entire category of claims in lish so few of his opinions over the were wasting their resources on frivo- which Judge Pickering demonstrates years. He explained that, ‘‘Americans lous prisoner civil rights claims. hostility and bias is employment dis- were drowning in information,’’ and In forcing the plaintiff to refile, crimination actions. This is also a cat- that there is, ‘‘absolutely too much,’’ Judge Pickering entirely disregarded egory of cases where an examination of law written down. He testified that his Federal Rule of Civil Procedure 8, the judge’s unpublished opinions was view is, ‘‘[i]f you are not establishing which requires only notice pleading. crucial, because over the last 12 years precedent, why make lawyers have to This is a basic tenet of the American on the Federal bench, he chose to pub- read,’’ and that, ‘‘there is too much system of jurisprudence, laid out by lish only one of his employment dis- being written out there.’’ ‘‘If you don’t the Supreme Court in 1957 in Conley v. crimination decisions. The remaining have anything to add . . . that is going Gibson. 12 were all among the unpublished deci- to be helpful to somebody,’’ he said, In yet another case, Judge Pickering sions he produced to the committee ‘‘you are just cluttering up the infor- disregards the applicable law. In upon request after his first hearing last mation.’’ United States v. Maccachran, he denied October. After reading statements like those I a habeas corpus petitioner’s motion for What is significant in these cases are have just read, it seems to me that a recusal without referring the matter to the times in the unpublished opinions plaintiff with a discrimination claim, another judge. The petitioner filed affi- that Judge Pickering went beyond reading or knowing about Judge davits stating that the judge had a per- merely ruling against the plaintiff to Pickering’s hostile position toward sonal bias against him. The relevant make unnecessary, off-the-cuff state- anti-discrimination laws and claim- statute, 28 U.S.C. § 144, states: ments about all the reasons he believes ants, would be justified in fearing that

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He wants a antee a fair hearing and a just result, personal view that society’s natural new trial. A new trial, now, 13 years later, are troubling. Judges are not appointed law rights to be free from crime over- would be much less reliable than the one that occurred 13 years ago. to inject their own personal beliefs into ride the specific protections contained a case. in the Bill of Rights. As Judge Pickering may well know, Judge Pickering voiced another dis- In Drennan v. Hargett, a 1994 case over the last decade, post-conviction turbing aspect of his views on employ- over which Judge Pickering presided, a DNA testing has exonerated well more ment discrimination cases almost as an habeas corpus petitioner claimed that than 100 people, including 11 who were afterthought at his second hearing. In he had been denied access to the courts awaiting execution. an attempt to explain his statements and received ineffective assistance of I have introduced legislation that on the weakness of many of these cases counsel. He had pleaded guilty to a would, among other things, afford in response to Senator KENNEDY, Judge charge of capital murder at age 15 and greater access to DNA testing by con- Pickering demonstrated a troubling received a life sentence. He claimed victed offenders. Senator HATCH and misunderstanding of the role of Equal that his attorney had threatened him Senator FEINSTEIN have also intro- Employment Opportunity Commission with the gas chamber if he did not duced bills to promote the use of DNA in reviewing employment cases. He plead guilty and that his lawyer did testing in the post-conviction context. stated that he believed that, ‘‘the not make important motions, such as a In recent weeks I joined with Chairman EEOC engages in mediation and it is motion to suppress his confession HATCH and others in introducing a bill my impression that most of the good under Miranda. He also claimed that he drawn from these earlier efforts. Attor- cases are handled through mediation did not know how to obtain relief from ney General Ashcroft has stated that and they are resolved. The cases that the courts for several years because of ‘‘DNA can operate as a kind of truth come to court are generally the ones his youth and because his representa- machine, ensuring justice by identi- that the EEOC has investigated and tives misled him. Judge Pickering de- fying the guilty and clearing the inno- found that there is no basis, so then nied the claim, and devoted a third of cent.’’ Judge Pickering appears in this they are filed in court.’’ But this is his opinion, three pages of a nine-page case to have created an exception to completely wrong. The EEOC has a opinion, to arguing that habeas corpus his own oft-expressed view that habeas backlog of almost 35,000 cases. Both should not be allowed unless a peti- corpus should be considered would be parties must agree to mediation. The tioner can prove actual innocence. In to establish actual innocence. commission lack resources. Yet Judge this unusual opinion, he cited the I have asked in a number of different Pickering had already prejudged em- ninth and tenth amendments, the Pre- cases and areas of the law whether ployment discrimination cases filed in amble to the Constitution and the Dec- Judge Pickering was unaware of the court as without merit. That kind of laration of Independence in support of law in different areas or whether he erroneous and unfair a generalization his views, adding that he believes the was trying to impose his own views in about the strength of discrimination Bill of Rights is in tension with the spite of the law. Another area of great cases by a Federal judge responsible for preamble on this point. Again, he cited concern to me—Judge Pickering’s presiding over them, was extremely no legal precedent for these odd and ex- intervention on behalf of a convicted disconcerting. That a Federal judge, on tremely personal views, almost en- criminal—raises this same funda- the bench for a dozen years, could so tirely unrelated to the controlling law. mental question. misunderstand the legal and practical And in Washington v. Hargett, a 1995 In this 1994 case, United States v. mechanisms behind employment dis- habeas corpus case, Judge Pickering Swan, Judge Pickering presided over a crimination cases was disturbing. rejected the plaintiff’s request for DNA case brought against three people ac- While fair treatment in employment testing required to prove his actual in- cused of burning a cross on the lawn of on the basis of race, sex, national ori- nocence, but stated that an attempt to an interracial couple. Two of the de- gin, age and disability is fundamental prove actual innocence was, ‘‘the only fendants, one a juvenile and the other to the American dream, and crucial to reason why this Court or any other fed- with significant mental disabilities, ac- a free and thriving economy, due proc- eral court should be considering a peti- cepted plea bargains offered by the ess in criminal proceedings can be a tion for habeas corpus,’’ so long after prosecution. The third, Daniel Swan, matter of life and death. Here, too, the trial. While that may be Judge the only competent adult of the three, Judge Pickering has misunderstood the Pickering’s personal opinion, it is un- was also offered a plea up to the last law and injected his personal views. deniably contrary to Supreme Court minute, but chose to go to trial, and In a 1995 case, Barnes v. Mississippi and statutory law. They state that a was convicted of all three counts Department of Corrections, Judge prisoner petitioning for a writ of ha- brought by the Government. The story Pickering presided over a habeas cor- beas corpus is contesting the legality of what happened next is what troubles pus case in which a prisoner claimed of his detention. The Supreme Court me about Judge Pickering. that his confession was involuntary be- explained as much two years before But before I get to that, I think it is cause he had been held in custody for Judge Pickering decided this case. important for us to understand exactly more than three days before being Interestingly, whatever the answer what the facts were in the case. From given an initial hearing by a mag- to that question, in the same case the trial transcript we know that on a istrate. The judge denied the petition where Judge Pickering declared the night in early January of 1994, three and the Fifth Circuit reversed his deci- importance of actual innocence, he de- young men hanging out and drinking sion. After remand, he again denied the nied a petitioner the only thing that in front of a convenience store got the petition, stating that granting such a could have possibly proved his—a DNA idea to go and burn a cross on the lawn habeas petition ‘‘is far more cruel than test. It was in that case of Washington of a local family where the husband, denying to a known murderer a proce- v. Hargett that Judge Pickering sum- Earnest Polkey, was a white man, and dural right regardless of how impor- marily rejected the plaintiff’s motion his wife, Brenda, was African Amer- tant that right is.’’ He cited the Bible for a DNA test in order to prove his ican. Testimony at trial shows that and Coke’s treatise to make the point claim of innocence. The case involved a two of the defendants, Jason Branch, that habeas corpus should be limited to rape that occurred in August 1982, be- who was at the time a juvenile, and petitioners who can prove actual inno- fore DNA was generally available and Daniel Swan, a competent adult, were cence. That was a misstatement of the accepted in the courts. Yet the judge the moving forces behind this idea. The law in contradiction to Supreme Court suggested in his opinion that DNA test- third man, Mickey Thomas, had a very precedent. He further stated that, ‘‘[i]t ing was inappropriate simply because low IQ and mental difficulties. It really

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In idea. port on all prior Justice Department those cases it is clear he had the legal After deciding what they would do, prosecutions for cross burnings, and to discretion to reduce sentences, but they moved into action, and using Dan- agree to dismiss an already secured those advocating this nomination can iel Swan’s pickup truck, his wood, his conviction, in the face of the fact that point to no specific legal justification nails, his gasoline and his lighter, the the law did not permit the result he here. three men constructed a cross, took it sought. And when the prosecutors, ca- The law has very real consequences, to the Polkey’s front lawn, leaned it up reer assistants in the United States At- as this letter from Mrs. Brenda Polkey against a tree, and lit it on fire. torneys Office and career prosecutors makes clear. It was sent to me last Not long afterward, the three were in Washington, refused to cave in to his year when I was Chairman of the Com- caught by the FBI and all three were bullying, Judge Pickering took things mittee. Mrs. Polkey says: charged with the identical counts: 18 a step further, and he called an old My now-deceased husband, Ernest Polkey, U.S.C. 241, conspiracy to deprive vic- friend, then in a high-ranking position and I were the victims of a cross-burning at tims of their civil rights, 18 U.S.C. at the Department of Justice. As he ad- our home in Improve, Mississippi in 1994. We 3631(a), intimidation on account of mitted in a letter to me and in testi- had purchased the home in Southern Mis- race, and 18 U.S.C. 844(h)(1), the use of mony at his second hearing, Judge sissippi while I was still active military and fire in the commission of a felony. All Pickering, unhappy with the answer he my husband had retired from the military. three were also offered a plea bargain The cross-burning case was prosecuted by was receiving from those prosecuting the Justice Department in Judge Charles which would result in little or no jail the case, called the Assistant Attorney time, and two of them took the offer. Pickering’s court. General for the Civil Division, a friend I write to express my profound disappoint- Two of them, Jason Branch, the minor, of long standing from Mississippi, to, ment in learning of Judge Pickering’s ac- and Mickey Thomas, who has a mental as he explained it, express his frustra- tions toward the defendant, Daniel Swan. As disability, took the deal. They decided tion with the prosecutors. Judge Pick- you can imagine, my family suffered hor- not to roll the dice with a jury, and to ering insisted in his testimony to the ribly as a result of the conduct committed admit their responsibility for the by Mr. Swan and the two other defendants. committee that he did not ask his old crime. These kinds of deals happen My daughter actually saw the cross in our friend to do anything or take any ac- every day. They permit the justice sys- yard the morning of the incident. I still have tion but he did not deny the contact. tem to function, and they offer defend- a photograph of the cross that I took that This sort of contact with the Depart- morning to make sure that the crime was ants opportunities to admit their guilt. ment of Justice during a pending case One of the defendants, Daniel Swan, documented properly. is extremely troubling. These sorts of The trial of Daniel Swan was extremely didn’t take the offer. Instead, Mr. ex parte contacts are expressly prohib- emotional for me and my family. As a native Swan, who had boasted to friends be- ited by every code of conduct and Southerner, I had grown up in the 1960’s with fore he was caught that he would never canon of ethics ever written, and for violent acts based on race, and I lost a mem- do any time even if he was caught, de- ber of my family due to a racial killing. I cided to take his chances in front of a good reason. The credibility of our en- never imagined that violence based on rac- jury. Well, it was not a wise decision tire system of justice rests on the pre- ism would come my way again in the 1990’s. for Mr. Swan, because once the jury sumption that the conduct of every We helped in the prosecution of the case, and heard the evidence that I recounted trial, criminal or civil, is fair and I testified at the trail. The local NAACP above board, and that no one side has gave me a certificate for my role in pursuing earlier, they convicted him on all the case. counts. And that is where Judge any real or perceived advantage. Judge Pickering’s phone call and actions un- I experienced incredible feelings of relief Pickering’s unethical behavior comes and faith in the justice system when the pre- in. dermine that assumption in very dis- dominantly white Mississippi jury convicted Instead of doing what the law re- turbing ways. Daniel Swan for all three civil rights crimes. quired of him and sentencing Daniel Judge Pickering and his defenders in I had hoped against hope that the jury would Swan to at least the congressionally this matter will tell you that he inter- do the right thing and convict Mr. Swan of required mandatory minimum sentence vened in this case not because he took this horrible deed. The jury came to a guilty of 5 years for his conviction of the use pity on Daniel Swan, a convicted hate verdict on all three counts after only two hours. of arson in a felony, he started to act criminal, but because he was concerned about the disparity among the sen- My faith in the justice system was de- like one of Daniel Swan’s defense at- stroyed, however, when I learned about torneys and to advocate for him, insist- tences handed down to the three of- Judge Pickering’s efforts to reduce the sen- ing that the Justice Department drop fenders. He blamed the Government for tence of Mr. Swan. I cannot begin to explain the arson charge so Swan could get a agreeing to lower sentences for the two what his actions have done to my long- more lenient sentence. parties who pleaded guilty and then standing opinion that we were correct in Why would the Government drop a ‘‘recommending,’’ as he inaccurately helping to prosecute the case, in trying to charge after having secured a convic- puts it, a higher sentence for the party bring about justice and in trying to prevent tion in such a terrible hate crime? Why who took his chances with a trial. He hate crimes from being committed against tried to give the impression that upon other persons. I am astonished that the would the prosecution agree to imposi- judge would have gone to such lengths to tion of such a reduced sentence for the sentencing for Mr. Swan he was thwart the judgment of the jury and to re- someone already found guilty by a jury surprised to learn about certain as- duce the sentence of a person who caused so of his peers? According to documents pects of the crime and the defendants’ much harm to me and my family. that the Department of Justice pro- behavior in them. But it is clear, upon I am very much opposed to any effort to duced to the committee only minutes examining the record, that none of the promote Judge Pickering to a higher court. before Judge Pickering’s second hear- defendants was sentenced until after Respectfully yours, Mrs. Brenda Polkey. ing was to begin, and documents that Mr. Swan’s trial, until after all the tes- When I raise questions about this they agreed to make public in a heav- timony about their actions and rel- case and Judge Pickering’s involve- ily redacted form a week after that, ative culpability had been revealed in ment in the case and suggest it vio- Judge Pickering made them an offer sworn public testimony. Judge Pick- lates every Canon of Judicial Ethics, it that they could not refuse. He threat- ering is the one who sentenced all is not just my opinion. It is the opinion ened them. He threatened them with these defendants after having presided of some of the Nation’s foremost legal bad law—with a decision that would over the case. scholars on judicial ethics. Let me read have called into question the applica- Moreover, I know of no other crimi- to you what some of them have said. bility of the arson charge to cross nal cases in which Judge Pickering in- Professor Stephen Gillers of the New burnings. And he threatened to make— tervened based on a concern about dis- York University School of Law, one of and presumably grant his own motion parate sentencing or another case in the foremost, if not the foremost, legal for a new trial for Mr. Swan—a motion which he took action to avoid imposing ethics experts in the country, told Sen- for which there would have been no a sentence based on a statutory man- ator EDWARDS after Judge Pickering’s basis in law. dated minimum. His defenders will hearings: ‘‘Judge Pickering exceeded

VerDate Mar 15 2010 22:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\2003SENATE\S30OC3.REC S30OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 30, 2003 CONGRESSIONAL RECORD — SENATE S13569 his powers as the trial judge in the I should note that Judge Pickering’s prosecutor, a State legislator, a local Swan case in a way that undermined behavior in this matter is similar to leader, and now as a Federal judge. decisions of the political branches of that of a nominee from more than 20 The oath taken by Federal judges is government. He then sealed the Order years ago, Charles Winberry. Nomi- a solemn pledge to administer justice that would have fully revealed his ac- nated to the U.S. District Court in fairly to those who come before the tions.’’ North Carolina by Democratic Presi- court seeking justice. It extends to The professor concludes that this is a dent Jimmy Carter, Mr. Winberry’s those who are rich or poor, white or violation of Canon 2A and 3A(1) of the nomination was defeated in the Judici- black, Republican or Democrat, with- Code of Conduct for U.S. Judges be- ary Committee in 1980. Among the out regard to gender or sexual orienta- cause of his failure to respect and com- grounds on which I opposed this nomi- tion, national origin or disability. ply with the law or to be faithful to the nation, sent to the Senate by a Presi- Judge Pickering remains a very im- law. He substituted his judgment not dent of my party, were my objections portant and powerful person in Mis- only for the judgment of the prosecu- to Mr. Winberry’s having solicited let- sissippi. I understand that he may be tors, but also for the judgment of the ters from lawyers who would be appear- the only Federal judge who sits in Hat- legislators, this Senate and the House, ing before him, if he were confirmed, tiesburg. The judge’s ability faithfully instead of sticking to his role as a and for asking for blind copies of those to discharge the duties of the office are judge. And by sealing the order that re- letters. important every day, on every case, vealed his position, he made certain The increasing frequency of nominees with respect to every claim and regard- that no judicial review of his actions campaigning for confirmation to the ing every litigant. I bear him no malice could occur. federal bench is a troubling develop- and wish him and his family well. Professor John Leubsdorf, legal eth- ment and one that threatens the very Parliamentary inquiry: How much ics professor and Judge Lacey Distin- independence of our judiciary. I was time remains for the distinguished guished Scholar at Rutgers Law Senator from Utah and myself? School, agreed with Professor Gillers. concerned about it in 1980 and I remain The PRESIDING OFFICER. Each Professor Leubsdorf, who has been concerned about it in 2002. During the course of these pro- side has 71⁄2 minutes. studying and teaching Legal Ethics for ceedings, some have falsely contended Mr. LEAHY. Mr. President, I will 25 years, has taught at Columbia, Cor- that Democratic Senators have called yield 3 minutes to the distinguished nell, and the University of California- senior Senator from Massachusetts in Berkeley’s law schools, and has pub- Judge Pickering a racist. That did not lished articles in the Harvard, Yale, happen and that criticism is a smoke- just a moment. I would hope, after this debate, we Stanford, Texas, NYU, Pennsylvania, screen to obscure the real problems might start debating judicial nominees Minnesota, and Cornell law reviews, with this nomination. I attended the could not have been clearer. After re- committee hearings on this nomina- based on the facts and not on some of viewing the judge’s actions, he con- tion and witnessed Democratic Sen- the innuendoes we have heard. Mr. President, before I yield, I under- cludes that, ‘‘[w]hatever Judge ators asking questions and the nomi- Pickering’s motives may have been, nee being given opportunity after op- stand that again we are reserving the this was no way for a judge to behave,’’ portunity to make his best case for ele- last 5 minutes for the distinguished and that he ‘‘cannot escape the conclu- vation to the Fifth Circuit. Some have senior Senator from Mississippi; is that sion that Judge Pickering departed even insinuated that Senators who op- correct? from his proper judicial role of impar- pose this nomination are anti-Southern The PRESIDING OFFICER. That is tiality in the Swan case to become an or anti-Christian, a smear that is as correct. You asked for 5 minutes, but advocate for the sentence he considered wrong as it is ugly. The talking points you will not have 5 minutes after allot- proper.’’ distributed by the other side are par- ting the 3. Steven Lubet, a Professor of Law at tisan, political and intentionally mis- Mr. LEAHY. I understand. I thank Northwestern University Law School, leading. They have been accepted and the distinguished Presiding Officer, director of the law school’s Program on repeated by some who have failed to re- who is, after all, a model of propriety Advocacy and Professionalism, and the view the record. That is unfortunate. and fairness. author of numerous articles on legal I think the nominee’s past views and I yield 4 minutes to the Senator from ethics, reached much the same conclu- actions during a difficult time in Mis- Massachusetts. sion. He tells us that, ‘‘Judge sissippi’s history were not irrelevant, The PRESIDING OFFICER. The Sen- Pickering’s actions raise serious ques- but I based my decision on his years on ator from Massachusetts. tions under the Code of Conduct for the bench and the record amassed and Mr. KENNEDY. Mr. President, I op- United States Judges. In particular, it reviewed at our hearings. pose the nomination of Judge Charles appears that Judge Pickering initiated So let me sum up for my colleagues Pickering on his record. I want to be a prohibited ex parte communication what Judge Pickering’s own record absolutely clear about that. Charles in violation of Canon 3A(4),’’ and that makes clear. Judge Pickering’s record Pickering has a disturbing record as a his, ‘‘extended efforts to reduce Swan’s is replete with examples of bad judging U.S. district court judge that simply sentence for cross burning appear to and is littered with cases that dem- does not qualify him for appointment have compromised his impartiality, onstrate a misunderstanding of the law to the Fifth Circuit. He has often been taking him nearly into the realm of ad- in many crucial and sensitive areas. hostile to plaintiffs bringing civil vocacy, thus implicating Canons 2A Judge Pickering’s record shows a judge rights claims, he has questioned the and 3A as well.’’ inserting his personal views into his ju- value of important constitutional pro- The ethics concerns raised by the dicial opinions and putting his personal tections such as ‘‘one-person, one- judge’s behavior in the cross burning preferences above the law. It is a vote,’’ and he has tried to restrict ha- case are not the only ethical problems record that does not merit this pro- beas corpus. His cases are filled with Judge Pickering’s nomination pre- motion to one of the highest courts in dicta and with expressions of his own sents. There is also the very serious the land. Based on Judge Pickering’s personal opinion. This all calls into matter of his having solicited letters of record, I will vote against invoking question his ability to enforce statu- support and having asked to review cloture, and should cloture be invoked, tory and constitutional protections them before forwarding them to the I will vote against this nomination. and his judicial temperament. Justice Department and to the Senate. If Judge Pickering’s nomination is The States of the Fifth Circuit are As Professor Gillers for NYU explains, not ultimately successful, he will none- among the poorest in the Nation. They this is a matter of grave concern. The theless remain a Federal judge of the have a population that is 42 percent letter, which has been made a part of Southern District of Mississippi with minority—the highest of any circuit. the record, recounts the various Can- life tenure. He will be responsible for For many years, the Fifth Circuit had ons of the Code of Conduct for U.S. presiding over cases and determining a critical role in the Nation’s history Judges implicated by this behavior, matters central to the lives and well- in applying and interpreting the civil and is just another reason why I cannot being of many people in Mississippi and rights laws. Not long ago, the circuit approve of Judge Pickering’s elevation. from elsewhere. He has served as a was hailed for its courage in protecting

VerDate Mar 15 2010 22:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\2003SENATE\S30OC3.REC S30OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13570 CONGRESSIONAL RECORD — SENATE October 30, 2003 the civil rights of African Americans. Mr. Swan was an adult of average in- The PRESIDING OFFICER. That is When Congress passed the 1964 Civil telligence at the time of the crime. By correct. Rights Act and the 1965 Voting Rights contrast, one of the other participants Mr. HATCH. Mr. President, I have Act, many State and local govern- was severely limited in intelligence, heard my distinguished friends on the ments in the South resisted these with an IQ of 80, and the other was a other side say we have approved 167 measures. Federal judges such as El- juvenile. Thus, Mr. Swan arguably bore judges but have rejected only 3 with a bert Tuttle, Frank Johnson, and John greater responsibility for the hate filibuster. Actually, that is a little bit Minor Wisdom helped to make the crime. Finally, the materials used to of an untruth because Miguel Estrada promise of equality a reality by enforc- build the cross, the gasoline used to was filibustered and, of course, with- ing these landmark laws of our time. It douse it, the truck used to transport it, drawn. Priscilla Owen is presently is particularly important that a judge and the lighter used to ignite it all be- being filibustered. Carolyn Kuhl, there appointed to this court have a commit- longed to Mr. Swan. is a threatened filibuster on her. These ment to civil rights, to the constitu- The PRESIDING OFFICER. The Sen- are all circuit court of appeals nomi- tional safeguards that protect all ator has used 4 minutes. nees. William Pryor has already been Americans, and to the rule of law. Mr. LEAHY. Mr. President, how filibustered. Charles Pickering is being I am disturbed by the rhetoric I have much time do I have remaining? filibustered. This is a cloture vote to heard today that those of us who op- The PRESIDING OFFICER. Two determine whether we can even have pose this nomination are a ‘‘lynch minutes. the dignity of an up-or-down vote. mob.’’ This rhetoric is a profoundly Mr. LEAHY. I yield the 2 minutes to Leon Holmes has been threatened cynical misuse of race and disregards the Senator from Massachusetts. with a filibuster. Janice Rogers Brown the lessons that we should all have Mr. KENNEDY. Judge Pickering has has been threatened with a filibuster. learned from history. Those who can- a duty to follow the law and the canons Claude Allen has been threatened with not tell the difference between a mob of judicial ethics whether or not he a filibuster. bent on murder and torture of an inno- agrees with them. His failure to do so The fact is, we have never had a fili- cent individual solely because of the in this recent case cast doubt on buster before in the history of the Sen- color of his skin, on the one hand, and whether he would do so if confirmed to ate, in the history of this country, with those of us in the Senate who seek to the Fifth Circuit. regard to judicial nominees. focus on genuine issues in Judge In a letter to Senator HATCH, Judge I have heard a lot of comments about Pickering’s record, on the other hand, Pickering admitted that he has de- what a nice man Judge Pickering is needs a serious history lesson. Frank- parted downward from other manda- and all of this; it is the record they dis- ly, such a comparison is not only un- tory minimum sentences only when the agree with. This is a man who has been fair, but it does an injustice to those Sentencing Guidelines allowed an ex- on the bench for a long time, and he African Americans who suffered and ception. would be a rare person if you didn’t died at the hands of real lynch mobs in I have heard some say that the fact find one or two cases with which you the South, including in the State of that some black Mississippians may disagree. I have to say that in all hon- Mississippi. This is not a lynch mob, support Judge Pickering should be this is reasoned debate, and it is part of esty, most of these arguments they enough to have him confirmed. Many have made are smokescreen issues and our constitutional role of advice and black Mississippians, including those consent to engage in such debate. arguments. from organizations representing thou- Judge Pickering’s troubling record Mr. LEAHY. Will the Senator yield sands of African Americans in Mis- on civil rights and his injection of his for a question? personal opinion can be seen in his ex- sissippi have come out against Judge Mr. HATCH. I can’t right now be- traordinary intervention on behalf of a Pickering. The State’s major African cause I have a limited time. cross-burning defendant. Pickering re- American Bar Association—the Mag- Every one of them can be answered. peatedly pressured the Federal Govern- nolia Bar Association—has written a Let me tell the principal reason behind ment to drop a charge against a con- letter to the Committee opposing this. After we voted Judge Pickering victed cross-burner to avoid having the Judge Pickering. He is also opposed by out of the committee a few weeks ago, defendant serve a congressionally man- Eugene Bryant, President of the Mis- we held a press conference. One of the dated 5-year minimum sentence. Pick- sissippi State Conference of the people who appeared with us at the ering went so far as to threaten to NAACP, which represents one hundred press conference was one of the leading order a new trial, and to initiate an ex chapters of the NAACP. civil rights ministers of the South, parte communication with a high- Democrats have not smeared Judge former head of the ACLU in Mis- ranking official of the Justice Depart- Pickering’s reputation by examining sissippi, really one of the most re- ment while the case was pending before his record. Judge Pickering has a com- spected people in the civil rights cause. him. Three ethics experts have written plex legacy. On the one hand, he testi- His life had been threatened. He came Senator EDWARDS stating that this fied against the KKK and has spoken in and spoke fervently for Judge Pick- conduct violated the Code of Judicial favor of racial reconciliation. On the ering. Before he did, I got up and I said: Conduct. other, he has opposed civil rights laws, This is all about abortion. I have spent a great deal of time and the concept of ‘‘one-person, one- After he spoke, he came up to me and thinking about this case, and I have vote’’ under the Voting Rights Act. he said: Senator, as you know, I am come to the conclusion that Judge Democrats on the Judiciary Committee pro-choice, but you are absolutely Pickering’s efforts to reduce the de- have never said that he is a racist. But right. This is all about abortion. Let fendant’s sentence of a convicted cross- the committee has to determine what me make that case by putting up this burner in United States v. Swan cannot sort of judge he will be, not what kind chart, the National Abortion Rights be justified by the fact that other par- of neighbor he is or the nature of his Action League. ticipants in the cross-burning received historical legacy. His 12 years as a dis- The PRESIDING OFFICER. The Sen- lesser sentences. trict court judge provide us with a ator’s time has expired. The other two participants in the clear record that he is unwilling to Mr. HATCH. I ask unanimous consent cross-burning pled guilty and therefore apply or respect the law when he dis- for 30 seconds for each side. were not subject to mandatory min- agrees with it, and I will vote against The PRESIDING OFFICER. Without imum sentences. Mr. Swan was tried his nomination. objection, it is so ordered. and found guilty of a crime that has a Mr. HATCH. Mr. President, how Mr. HATCH. The National Abortion mandatory minimum sentence. This much time do I have? Rights Action League, Pro-choice eliminated any sentencing discretion The PRESIDING OFFICER. The Sen- America sent this out to everybody Judge Pickering might have had under ator from Utah has 7 minutes 29 sec- they could: ‘‘Urge your Senators to the law. Thus, this case raises the onds, with 5 minutes being reserved for stop anti-choice nominee Pickering’’ question of whether Judge Pickering the Senator from Mississippi. because they know he is pro-life, even will follow the law even if he does not Mr. HATCH. Is that all the time left though he has agreed he will abide by agree with it. on either side? the law. He will abide by Roe v. Wade.

VerDate Mar 15 2010 22:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\2003SENATE\S30OC3.REC S30OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 30, 2003 CONGRESSIONAL RECORD — SENATE S13571 He will abide by the other abortion sal rate, which is 20-percent lower than huge progress over the course of this cases. That is what this is all about. the national average of the Depart- year in that regard, thanks to Chair- Frankly, I have it on impeccable infor- ment of Justice, and two times lower man HATCH. mation that that is what this is all than the average district court judge in While in many ways we closed that about. the Fifth Circuit. chapter of Senate history, a new chap- I yield the floor. He has been endorsed by the current ter has opened and, once again, I be- The PRESIDING OFFICER. The Sen- president and the past 17 presidents of lieve we will see it today, and that is ator from Vermont. the Mississippi State Bar. He is en- this unprecedented use of the partisan Mr. LEAHY. I am sorry the Senator dorsed by all of the major newspapers filibuster in the Senate to deny Sen- from Utah was unwilling to yield for a in Mississippi. He has also been en- ators the opportunity and the ability question. He mentioned a threatened dorsed by all of our State government to have an up-or-down vote to speak filibuster on Mr. Holmes. I assure him, officials who were elected statewide, clearly, and the way we have the power we have cleared Holmes on our side. including the Democrats who serve as to do that is through our votes, either The Republicans could bring him up Governor, attorney general, and sec- for a judicial nomination or against a any time they want. There is no fili- retary of state. judicial nomination. buster being threatened over here. I The people who know Charles Pick- What bothers me as majority leader don’t know why they don’t bring him ering the best are the residents of my is what that says about our institution up. Gary Sharpe of New York, I don’t State, and they overwhelmingly sup- and about the future of this institution. Many of us have spoken to this know why they don’t bring him up. port his confirmation as a court of ap- and have warned over the past several These are judges they could bring up peals judge. months about the dangers of departing any time they wanted. They have been It is time to end this effort to dis- from this 200-year history of the Sen- cleared for a vote on this side. We may credit and demean this good man. It is ate, that tradition of precedent from vote for or against them. But Mr. time for the Senate to do what is right which all of a sudden we are seeing this Holmes is not being filibustered. That and confirm this well-qualified and departure over the course of this year. is a mistake on the part of the Senator honorable nominee. Today, in just a few minutes, once from Utah. The PRESIDING OFFICER. Has all again we have a choice, an opportunity The PRESIDING OFFICER. The Sen- time been yielded back? to move ahead and make progress and ator from Mississippi. The majority leader. to discharge that constitutional re- Mr. COCHRAN. Mr. President, Mr. FRIST. Mr. President, on leader sponsibility of an up-or-down vote. Charles Pickering has been subjected time, I wish to make a few closing This is not only a vote to decide wheth- to the most intense and thorough scru- statements with regard to this vote er the Senate will say yes or no to a tiny that I can remember any judicial and this nomination. man who, as we all know, is perfectly In a few minutes, we will have the nominee enduring since I have been in qualified, a good man, a man of high opportunity to vote on whether Judge the U.S. Senate. After all of his opin- integrity and character, an able jurist Pickering, whom the Senate has once ions as a United States district judge who we all know will bring credit to before confirmed to the Federal dis- have been read and reread and dis- the Federal appeals court. sected, this is what the record shows. trict court without blemish, can be To vote yes on cloture, in my view, is In 13 years on the Federal bench, he given the simple fairness, the simple the latest referendum on whether or has demonstrated a sense of fairness honesty of an up-or-down vote or not we want to reaffirm our history in and good judgment that has reflected whether he will be denied that fairness. this body, the Senate, whether or not credit on the Federal judiciary. He has The vote matters to many people be- we want to shut this new chapter of un- become known throughout our State as cause none of the President’s judicial precedented delay and destruction, someone who is above reproach, who is nominees has suffered more indignities whether or not we want to return the totally honest and honorable, and who and distortions than this superbly Senate to the well-worn path that it applies the law without regard to race, qualified man, Judge Pickering. has tried over the last 200 years but creed, or ethnicity in an intelligent, Others in the past and over the from which over the course of this year thoughtful, and sensible manner. course of the morning have spoken we seem to be deviating, a path of men He is widely respected as a United much more ably about the qualifica- and women coming to this body and by States district judge. I have no doubt tions with regard to this superbly their vote being able to take direct re- that if confirmed by the Senate, he will qualified individual, Judge Charles sponsibility of either confirming or reserve with distinction and dedication Pickering. jecting a nomination. on the United States Court of Appeals I know the passion of the two Mis- I represent the State of Tennessee. for the Fifth Circuit. sissippi Senators from whom we just Right now I represent my party as Re- Before he became a Federal judge, heard. We heard Senator LOTT speak publican leader. In addition, I, as ma- Charles Pickering served ably in the about this man, and we heard the jority leader, believe I have a responsi- Mississippi State Senate and was the strong support from Mississippi Sen- bility to this entire body. Together we chairman of the Mississippi Republican ator THAD COCHRAN for this nominee, look to the past and we build for the Party. He was elected county pros- and we know of the hard work of the future. I appeal once again to my col- ecuting attorney after he had been en- chairman of the Judiciary Committee, leagues to remember the history we gaged in the practice of law for only 2 Chairman HATCH—all of whom have have as stewards, as servants to this years. When Charles Pickering was worked so hard to bring this nomina- institution; that we remember the renominated to serve on the U.S. District tion to the floor over the last 21⁄2 years sponsibilities charged to us by the Con- Court for the Southern District of Mis- since he was first nominated by Presi- stitution, responsibilities of advise and sissippi in 1990, he was approved unani- dent Bush—again, 21⁄2 years ago. consent, and vote aye on cloture, and mously by the Senate Judiciary Com- It had always been my hope over the then vote up or down but vote one way mittee. And he was confirmed unani- last 10 months since I became majority or another on the nomination of mously by the U.S. Senate. leader that we would be able to put Charles Pickering. To do any less than As U.S. district court judge, he has much of the unfortunate history of the that does fail the history we have had become one of the highest rated judges 106th Congress behind us when it came the privilege to recognize and be part in the Nation. Judge Pickering has re- to judicial nominations. By that, I of. Indeed, it adds one more obstacle to ceived the highest rating from the refer to the inaction on nominees in the progress we could make as we go American Bar Association. He has a committee to their outright defeat in forward. lower reversal rate than both the na- committee which denied the oppor- Finally, it does ensure that with this tional and Fifth Circuit average. Mr. tunity for all Senators to exercise the new course foisted on the Senate, we President, 99.5 percent of his cases have constitutional responsibility of advise will have to meet that radical depar- been affirmed or not appealed. Of those and consent, and the ability and oppor- ture from 200 years of history with re- cases that have been appealed, Judge tunity to vote up or down on judicial sponses that will reestablish a more Pickering has only a 7.9-percent rever- nominations. I think we have made regular order of action in the future.

VerDate Mar 15 2010 22:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\2003SENATE\S30OC3.REC S30OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13572 CONGRESSIONAL RECORD — SENATE October 30, 2003 Mr. President, I close by simply say- The question is, Is it the sense of the A bill (S. 139) to provide for a program of ing I urge our colleagues to support an Senate that debate on the nomination scientific research on abrupt bankrupt cli- opportunity for an up-or-down vote— of Charles Pickering, Sr., of Mis- mate change, to accelerate the reduction of that is all we ask—on Judge Charles sissippi, to be United States Circuit greenhouse gas emissions in the United Pickering. States by establishing a market-driven sys- Judge for the Fifth Circuit shall be tem of greenhouse gas tradeable allowances The PRESIDING OFFICER. All time brought to a close? The yeas and nays that could be used interchangeably with pas- has expired. are mandatory under the rule. The senger vehicle fuel economy standard cred- Mr. REID. Will the majority leader clerk will call the roll. its, to limit greenhouse gas emissions in the yield for a question not related to the The assistant legislative clerk called United States and reduce dependence upon Pickering nomination? the roll. foreign oil, and ensure benefits to consumers Mr. FRIST. Through the Chair, I will Mr. REID. I announce that the Sen- from the trading in such allowances. be happy to yield. ator from North Carolina (Mr. Pending: Mr. REID. Mr. President, we were DWARDS) and the Senator from Massa- originally going to have a vote on the E Lieberman/McCain amendment No. 2028, in global warming issue. It would have chusetts (Mr. KERRY) are necessarily the nature of a substitute. been about 12:45 p.m. This will neces- absent. The PRESIDING OFFICER. The as- sitate that vote occurring around 1:15 I also announce that the Senator sistant Democratic leader. p.m., but under the regular process from Nebraska (Mr. NELSON) is absent Mr. REID. Mr. President, we are now here, on Thursdays we do not vote dur- attending a family funeral. on global warming. Because of sched- ing the hour of 1 p.m. to 2:15 p.m. I I further announce that, if present uling problems, the managers of the wonder if the leader will be able to at and voting, the Senator from Massa- bill, Senator INHOFE, Senator MCCAIN, this time indicate that the managers of chusetts (Mr. KERRY) would vote and Senator LIEBERMAN, have agreed to the Healthy Forests issue should be ‘‘nay.’’ each give up 15 minutes on their side. here about 1:15 p.m., or thereabouts, so I further announce that, if present Therefore, the vote will occur at 12:45. they can start on that issue prior to and voting, the Senator from Nebraska I ask unanimous consent that be the voting on the global warming issue, (Mr. NELSON) would vote ‘‘yea.’’ case—that the vote occur at 12:45. which I hope can occur at 2 o’clock be- The PRESIDING OFFICER (Mr. EN- The PRESIDING OFFICER. Is there cause there are a number of people on SIGN). Are there any other Senators in objection? Without objection, it is so our side who need to vote on that. I the Chamber desiring to vote? ordered. hope the leader understands what I am The yeas and nays resulted—yeas 54, Under the previous order, there are 90 saying. nays 43, as follows: minutes equally divided for debate be- Mr. FRIST. Mr. President, I do. Let [Rollcall Vote No. 419 Ex.] tween the chairman and the Senator me talk to the managers before actu- YEAS—54 from Connecticut, or their designees. ally agreeing to anything. I have not Alexander DeWine McCain Mr. LIEBERMAN. Mr. President, I talked with them about the scheduling. Allard Dole McConnell yield 6 minutes to the distinguished Before committing to a schedule, let Allen Domenici Miller Senator from Washington. me make an announcement right after Bennett Ensign Murkowski The PRESIDING OFFICER. The Sen- this vote. Bond Enzi Nickles Breaux Fitzgerald Roberts ator from Washington is recognized. Mr. LOTT. Mr. President, has all Brownback Frist Santorum time expired? Bunning Graham (SC) Sessions Mrs. MURRAY. Mr. President, I rise The PRESIDING OFFICER. All time Burns Grassley Shelby to support the Climate Stewardship has expired. Campbell Gregg Smith Act offered by Senators LIEBERMAN and Chafee Hagel Snowe MCCAIN and to cosponsor this aggres- Mr. LOTT. Mr. President, I ask unan- Chambliss Hatch Specter imous consent that the cloture vote be Cochran Hutchison Stevens sive plan to fight global warming. vitiated and that the Senate imme- Coleman Inhofe Sununu When President Bush walked away diately proceed to a vote to confirm Collins Jeffords Talent from the Kyoto Protocol negotiations Cornyn Kyl Thomas the nomination of Judge Charles Pick- Craig Lott Voinovich in March 2001, he promised the Amer- ering to the Fifth Circuit Court of Ap- Crapo Lugar Warner ican people he would come up with an peals. alternative. More than 2 years later, NAYS—43 Mr. REID. I object. the President has yet to deliver on his The PRESIDING OFFICER. Objec- Akaka Dorgan Lieberman promise and we simply cannot wait any tion is heard. Baucus Durbin Lincoln Bayh Feingold Mikulski longer to start making progress. CLOTURE MOTION Biden Feinstein Murray Here in the Senate we have a worthy The PRESIDING OFFICER. By unan- Bingaman Graham (FL) Nelson (FL) plan that will cut greenhouse gas emis- imous consent, pursuant to rule XXII, Boxer Harkin Pryor Byrd Hollings sions. I want to applaud Senators LIE- the Chair lays before the Senate the Reed Cantwell Inouye Reid BERMAN and MCCAIN for presenting this pending cloture motion, which the Carper Johnson Rockefeller meaningful and comprehensive plan. Clinton Kennedy clerk will report. Sarbanes Conrad Kohl The McCain-Lieberman bill will re- The assistant legislative clerk read Schumer Corzine Landrieu quire mandatory greenhouse gas emis- as follows: Daschle Lautenberg Stabenow Wyden sions reductions in the United States CLOTURE MOTION Dayton Leahy from broad sectors of our economy. Dodd Levin We the undersigned Senators, in ac- Rather than just aiming to limit indus- cordance with the provisions of rule NOT VOTING—3 trial emissions—as other plans have XXII of the Standing Rules of the Sen- Edwards Kerry Nelson (NE) done—this legislation will require ate, do hereby move to bring to a close emissions reductions from four major debate on Executive Calendar No. 400, The PRESIDING OFFICER. On this sectors of the economy: electric utili- the nomination of Charles W. Pick- question, the yeas are 54, the nays are ties; industrial plans; transportation; ering, Sr., of Mississippi, to be United 43. Three-fifths of the Senators duly and large commercial facilities. These States Circuit Judge for the Fifth Cir- chosen and sworn not having voted in four sectors contribute 85 percent of cuit. the affirmative, the motion is rejected. f the greenhouse gases produced in Bill Frist, Orrin Hatch, Trent Lott, Con- America. rad Burns, Lamar Alexander, Arlen CLIMATE STEWARDSHIP ACT OF The McCain-Lieberman legislation Specter, Mitch McConnell, Mike 2003 DeWine, Chuck Hagel, Rick Santorum, relies on a national ‘‘cap and trade’’ Craig Thomas, Thad Cochran, John En- The PRESIDING OFFICER. Under system to reduce the air pollutants sign, Lindsey Graham, Elizabeth Dole, the previous order, the Senate will re- that contribute to climate change. Michael B. Enzi, Gordon Smith. sume consideration of S. 139, which the Many of my colleagues are familiar The PRESIDING OFFICER. By unan- clerk will report. with this approach. It was first used on imous consent, the mandatory quorum The assistant legislative clerk read a national scale to combat acid rain call has been waived. as follows: under Title IV of the Clean Air Act

VerDate Mar 15 2010 22:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\2003SENATE\S30OC3.REC S30OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 30, 2003 CONGRESSIONAL RECORD — SENATE S13573 Amendments of 1990. A cap and trade The answer is stunning and under- programs on the Federal level have largely system establishes an overall total scores how little this administration stalled. limit on emissions and then allows pol- really wants to do to reverse global At least half of the States are addressing lution sources to trade emissions al- global warming, whether through legisla- warming. According to CRS, green- tion, lawsuits against the Bush administra- lowances. It gives participants the house gas intensity is projected to fall tion or programs initiated by governors. flexibility of the marketplace, and it by over 14 percent over the next 10 In the last three years, State legislatures works. years under current environmental reg- have passed at least 29 bills, usually with bi- In fact, the acid rain program has re- ulations. The President’s proposal is partisan support. The most contentious is duced sulfur dioxide emissions from nearly as weak as existing law. Presi- California’s 2002 law to set strict limits for power plants—and it has done it at less dent Bush thinks the Federal Govern- new cars on emissions of carbon dioxide, the than a quarter of the predicted cost to ment’s primary climate change goal gas that scientists say has the greatest role in global warming. industry. should be to encourage voluntary The McCain-Lieberman program will While few of the State laws will have as measures to reduce greenhouse gas in- much impact as California’s, they are not mandate that by 2010, the four sectors tensity by only 4 percent over the next merely symbolic. In addition to caps on involved must reduce their emissions decade. emissions of gases like carbon dioxide that to 2000 levels. This is a meaningful and That is an utterly irresponsible ap- can cause the atmosphere to heat up like a substantial reduction in emissions—a 5 proach to global warming. Our country greenhouse, they include registries to track percent reduction over the next 7 should be taking an aggressive lead on such emissions, efforts to diversify fuel years. reducing pollution. I am confident by sources and the use of crops to capture carbon dioxide by taking it out of the atmos- Some critics suggest that you can’t using market-oriented strategies and ‘‘grow the economy’’ without emitting phere and into the ground. new technologies, American ingenuity Aside from their practical effects, sup- more greenhouse gases. We know that can find ways to reduce emissions is not true. As the acid rain program porters say, these efforts will put pressure on without harming the economy. As I Congress and the administration to enact proved, the cap and trade system works mentioned earlier, it will help our Federal legislation, if only to bring order to well. a patchwork of State laws. There were nay-sayers in 1990, and economy. The threat of global warming is real. States are moving ahead in large part to they were proven wrong. There are fill the vacuum that has been left by the The Pacific Northwest stands to lose nay-sayers now, and we must prove Federal Government, said David Danner, the them wrong again. much from climate change from in- energy adviser for Gov. Gary Locke of Wash- This is also an opportunity for Amer- creasing severe storms to rising sea ington. ican companies to get ahead of trends levels to negative impacts on our for- ‘‘We hope to see the problem addressed at that we know are coming. We know ests, our coasts, our salmon, and our the Federal level,’’ Mr. Danner said, ‘‘but agriculture. Those resources define the we’re not waiting around.’’ that the future of energy production There are some initiatives in Congress, but lies in renewable energy and in alter- quality of life where I live. In Washington State, increasing tem- for the moment even their backers acknowl- natives to fossil fuels. I want American edge that they are doomed, given strong op- workers to lead the way, and I want peratures over the next decades could position from industry, the Bush administra- American companies to share in the cause salmon in Puget Sound to mi- tion—which favors voluntary controls—and benefits. grate north. It could cause some crops most Congressional Republicans. It is projected that over the next 20 to shift their natural habitats into This week, the Senate is scheduled to vote years, $10–$20 trillion will be spent Canada. on a proposal to create a national regulatory globally on new energy technologies. The western governors understand structure for carbon dioxide. This would be this. In September, the governors of the first vote for either house on a measure This is an enormous market, and much to restrict the gas. of the investment will take place out- California, Oregon, and my home State The proposal’s primary sponsors, Senator side of the U.S., in places such as of Washington got together to curb John McCain, Republican of Arizona, and China. I want American companies to greenhouse gas emissions by promoting Senator Joseph I. Lieberman, Democrat of sell the technologies that will be need- tougher emissions standards for new Connecticut, see it mainly as a way to force ed and used throughout the world. By power plants. senators to take a position on the issue, passing this legislation, we will give Governors and legislatures in the given the measure’s slim prospects. American companies incentives to pur- Northeast have taken similar meas- States are acting partly because of predictions that global warming could damage sue new, clean energy technologies. ures. Soon the Nation will face a patch- local economies by harming agriculture, And new technologies mean new jobs— eroding shorelines and hurting tourism. especially compared to older energy work of regional regulations, making it ‘‘We’re already seeing things which may be sources. costly and cumbersome for industries linked to global warming here in the state,’’ Today, for every 1 percent of market to comply. Mr. Danner said. ‘‘We have low snowpack, in- share, renewable energy technologies We in Congress need to take action creased forest fire danger.’’ generate 12,500 jobs. By the same meas- since this White House has failed to Environmental groups and officials in ure, the coal industry only generates act. It’s time for a real policy to reduce state governments say that energy initia- 3,000 jobs. our impacts on the global climate. tives are easier to move forward on the local level because they span constituents—indus- So this new technology holds a lot of We know that a clean environment trial and service sectors, Democrat and Re- promise in helping American compa- contributes to the health and quality publican, urban and rural. nies and the American economy. of life for every Washingtonian and for While the coal, oil and automobile indus- Let me mention briefly the Presi- every American. The McCain-Lieber- tries have big lobbies in Washington, the in- dent’s so-called clear skies plan. This man bill is an important first step. dustry presence is diluted on the state level. administration’s approach to global I urge my colleagues on both sides of Environmental groups say this was crucial climate change has been to focus on re- the aisle to vote for this legislation. to winning a legislative battle over auto- ducing greenhouse gas intensity. That I ask unanimous consent to have mobile emissions in California, where the is the ratio of carbon emission to gross printed a New York Times article that automobile industry did not have a long his- domestic product. What most people do tory of large campaign donations and instead reported on the regional regulations. had to rely on a six-month advertising cam- not know is greenhouse intensity is al- There being no objection, the mate- paign to make its case. ready declining. As the economy mod- rial was ordered to be printed in the Local businesses are also interested in pol- ernizes, it naturally becomes more effi- RECORD, as follows: icy decisions because of concerns about long- cient in terms of energy use, so when [From the New York Times, Oct. 29, 2003] term energy costs, said Christopher James, director of air planning and standards for the the President says he wants to reduce THE WARMING IS GLOBAL BUT THE Connecticut Department of Environmental greenhouse gas intensity by 18 percent LEGISLATING, IN THE U.S., IS ALL LOCAL over the next 10 years with his Clear Protection. As a result, environmental (By Jennifer 8. Lee) groups are shifting their efforts to focus out- Skies Initiative, we should ask how WASHINGTON, Oct. 28—Motivated by envi- side Washington. much would the intensity decrease ronmental and economic concerns, States Five years ago the assumption was that over the next 10 years without the have become the driving force in efforts to the climate treaty known as the Kyoto Pro- Clear Skies Initiative. combat global warming even as mandatory tocol was the only effort, in town, said Rhys

VerDate Mar 15 2010 22:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\2003SENATE\S30OC3.REC S30OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13574 CONGRESSIONAL RECORD — SENATE October 30, 2003 Roth, the executive director of Climate Solu- A number of states are trying to compel raphy, and especially our reliance on tions, which works on global warming issues the federal government to move sooner rath- snow runoff for water make California in the Pacific Northwest states. But since er than later. On Thursday, 12 states, includ- extremely vulnerable to global warm- President Bush rejected the Kyoto pact in ing New York, with its Republican governor, ing. 2001, local groups have been emerging on the and three cities sued the Environmental Pro- regional, state and municipal levels. tection Agency for its recent decision not to Frankly, the models predicting the The Climate Action Network, a worldwide regulate greenhouse-gas pollutants under the impacts of global warming on Cali- conglomeration of nongovernment organiza- Clean Air Act, a reversal of the agency’s pre- fornia are frightening. tions working on global warming, doubled its vious stance under the Clinton administra- Climate change threatens the agri- membership of state and local groups in the tion. cultural and natural resource indus- last two years. ‘‘Global warming cannot be solely ad- tries that are central to California’s The burst of activity is not limited to the dressed at the state level,’’ said Tom Reilly, economy and quality of life. states with a traditional environmental the Massachusetts attorney general. ‘‘It’s a As the Senate knows, I am especially bent. problem that requires a federal approach.’’ concerned about the future of Califor- At least 15 states, including Texas and Ne- Mrs. FEINSTEIN. Mr. President, I vada, are forcing their state electric utilities nia’s water supply. More than 36 mil- to diversify beyond coal and oil to energy rise in support of the McCain-Lieber- lion people live in California right now, sources like wind and solar power. man amendment. I would like to begin and we expect to have 50 million people Even rural states are linking their agricul- by thanking the distinguished Senators by 2020. tural practices to global warming. Nebraska, from Arizona and Connecticut for their Even without climate change, it Oklahoma and Wyoming have all passed ini- work on this bill. Their efforts are would be a struggle to supply enough tiatives in anticipation of future greenhouse- moving the Senate and the country for- water for all of these people. But report gas emission trading, hoping they can cap- ward on this very important issue. italize on their forests and crops to capture after report indicates that climate carbon dioxide during photosynthesis. I strongly believe that it is time for change will further threaten a water Cities are also adopting new energy poli- the United States to take real action supply that is already tight. cies. San Franciscans approved a $100 million against climate change. The science is Models from NASA, Lawrence Liver- bond initiative in 2001 to pay for solar panels solid. It is time to stop debating more National Laboratories, and the for municipal buildings, including the San whether to do something and start dis- Union of Concerned Scientists all indi- Francisco convention center. cussing how to do it. cate that climate change is likely to The rising level of state activity is causing This modest bill is an affordable and concern among those who oppose carbon di- increase winter rain and decrease oxide regulation. crucial step forward. It is time to act. snowfall in California. ‘‘I believe the states are being used to force The McCain-Lieberman amendment More winter rain means winter flood- a federal mandate,’’ said Sandy Liddy would create the infrastructure needed ing. Less snow means less water for the Bourne, who does research on global warm- to track and trade greenhouse gas rest of the year. ing for the American Legislative Exchange emissions and require the U.S. to re- But California’s natural environment Council, a group contending that carbon di- turn to year 2000 emissions levels by as we know it depends on gradual run- oxide should not be regulated because it is 2010. off from snow. not a pollutant. ‘‘Rarely do you see so many The amendment would give us 7 bills in one subject area introduced across Furthermore, we have spent billions the country.’’ years to reach year 2000 level emis- of dollars on water infrastructure in The council started tracking state legisla- sions. Because of the recession, our na- California that depends on this runoff. tion, which they call son-of-Kyoto bills, tional emissions actually went down in And yet we already struggle to provide weekly after they noticed a significant rise 2001. So we are actually at about year enough water for our farms, our cities, in greenhouse-gas-related legislation two 2000 levels right now. and our fish and wildlife. years ago. This year, the council says, 24 So we have 7 years just to get back As my colleagues know, I have states have introduced 90 bills that would to our current level of emissions. This worked hard to plan for the future of build frameworks for regulating carbon diox- is a modest step but it is a step for- ide. Sixty-six such bills were introduced in California’s water supply. Climate all of 2001 and 2002. ward. change threatens even to make those Some of the activity has graduated to a re- As the world’s largest greenhouse gas plans insufficient. gional level. Last summer, Gov. George E. emitter, the U.S. has a duty to act. We are already seeing alarming Pataki of New York invited 10 Northeastern With only 4 percent of the world’s changes. According to scientists at states to set up a regional trading network population, we produce 20 percent of Lawrence Livermore National Labora- where power plants could buy and sell carbon the world’s greenhouse gas emissions. tory, the past century has seen a de- dioxide credits in an effort to lower overall Much of the world is already reducing emissions. In 2001, six New England states cline in spring and summer runoff in entered into an agreement with Canadian their greenhouse gas emissions. The some California streams. provinces to cap overall emissions by 2010. world is counting on us to do the same. In 1910, half of the Sacramento Riv- Last month, California, Washington and Or- If we continue to ignore the problem, er’s annual runoff took place between egon announced that they would start look- it will only get worse. If we wait, we April and July. ing at shared strategies to address global will need to make bigger cuts in our Today, that number is closer to 35 warming. emissions and we will have less time. percent and is continuing to decline. To be sure, some states have decided not to Action will become more expensive We can no longer count on this runoff. embrace policies to combat global warming. rather than less. Six—Alabama, Illinois, Kentucky, Okla- We are also already seeing a rise in homa, West Virginia and Wyoming—have ex- I understand that many people are sea level. Average sea level has risen plicitly passed laws against any mandatory concerned about the costs of any ef- considerably in San Francisco since reductions in greenhouse gas emissions. forts to reduce emissions. I also want 1850, with the most marked increase ‘‘My concern,’’ said Ms. Bourne, ‘‘is that to make sure that whatever program occuring since 1925. My colleagues from members of industry and environment we wind up with is a good deal for the coastal states understand the potential groups will go to the federal government to American people. cost of rising sea levels to coastal com- say: ‘There is a patchwork quilt of green- I strongly believe that the cap and munities. house-gas regulations across the country. We cannot deal with the 50 monkeys. We must trade program in this bill is a good deal We are seeing other effects of climate have one 800-pound gorilla. Please give us a for America. change throughout the world: federal mandate.’ ’’ Indeed, some environ- Concerns about the cost of action are The Union of Concerned Scientists mentalists say this is precisely their strat- important. has found that the global sea level has egy. But I want to ask my colleagues to risen about three times faster over the States developed their own air toxics pol- consider very carefully the cost of past 100 years than the previous 3,000 lution programs in the 1980’s, which resulted doing nothing. The evidence is getting years. in different regulations and standards across stronger and stronger that climate In July, the World Meteorological Or- the country. Industry groups, including the American Chemistry Council, eventually change will be very expensive. ganization released an unprecedented lobbied Congress for federal standards, which According to the best available re- warning about extreme weather events. were incorporated into the 1990 Clean Air search, not acting will cost my State According to the organization’s press Act amendments. dearly. Our large population, our geog- release, ‘‘recent scientific assessments

VerDate Mar 15 2010 22:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\2003SENATE\S30OC3.REC S30OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 30, 2003 CONGRESSIONAL RECORD — SENATE S13575 indicate that, as the global tempera- I strongly believe that we have the the life of the program—we can afford tures continue to warm due to climate evidence that we need in order to act. this cost. change, the number and intensity of Not addressing climate change will The amendment would not lead to extreme events might increase.’’ cost us dearly. rapid fuel switching to natural gas. Ac- According to the World Meteorolog- Yet, so far, the United States has not cording to the Massachusetts Institute ical Organization, the United States really taken action against climate of Technology, coal use would actually experienced 562 tornadoes in May of change. Not only are we not part of the continue to increase under this amend- this year. The tornadoes killed 41 peo- Kyoto Protocol, but the administration ment. Natural gas use would decrease ple. This was 163 more tornadoes than refuses to take part in shaping another from business as usual because the bill the United States had ever experienced solution. This is a big mistake. would spur conservation measures. in one month. We emit more greenhouse gases than During the latest energy crisis, Cali- We are seeing similar record ex- any nation on Earth. The world is fornia showed that conservation can tremes around the world. These ex- counting on us, and we have a responsi- make a huge difference. This bill will treme weather events are a predicted bility to help. help us create better incentives for result of climate change. We should be a leader—not an obsta- conservation. Climate change is also affecting some cle—when it comes to combating glob- Even the Energy Information Admin- of our most treasured places. Last No- al warming. In his speech to the joint istration, EIA, says that this amend- vember, the Los Angeles Times pub- session of Congress—which many of us ment would not result in fuel switch- lished an article about the vanishing cited as among the best we have ever ing. EIA was concerned about the costs glaciers of Glacier National Park in heard—British Prime Minister Tony of the original Climate Stewardship Montana. Over a century ago, 150 of Blair challenged the U.S. to take ac- Act. I believe that the agency’s models these magnificent glaciers could be tion now. Mr Blair said: are flawed and biased toward higher seen on the high cliffs and jagged peaks costs. But even those models indicate of the surrounding mountains of the Climate change, deforestation, the vora- cious drain on natural resources cannot be that this amendment will cost little park. Today, there are only 35. And the ignored. Unchecked, these forces will hinder and will not lead to price spikes. 35 glaciers that remain today are dis- the economic development of the most vul- There is a lot of misinformation integrating so quickly that scientists nerable nations first and ultimately all na- floating around about this amendment. estimate the park will have no glaciers tions. Some of the models were analyzing the in 30 years. Mr. Blair went on to say: Kyoto Protocol, which would have re- Closer to home for me, on October 12 We must show the world that we are will- quired a 20 percent emissions reduction of this year, the Los Angeles Times re- ing to step up to these challenges around the by 2010. This amendment requires us to ported that glaciers in the Sierra Ne- world and in our own backyards. If this get back to our current emissions by vada are disappearing. Many of these seems a long way from the threat of terror 2010, an entirely different proposition. glaciers have been there for the last and weapons of mass destruction, it is only Other models are based on an ‘‘en- thousand years. to say again that the world security cannot ergy shock.’’ Coming from California, I We are seeing similar melting around be protected without the world’s heart being am quite familiar with energy crises. won. So America must listen as well as lead. the world, from the snows of Mt. Kili- Shocks happen when businesses do not manjaro in Tanzania to the ice fields Prime Minister Blair is right. If we have time to prepare. This amendment beneath Mt. Everest in the Himalayas. fail to act now, we will face dev- is not a shock. We are giving industry Dwindling glaciers offer a clear and astating consequences in the future. 7 years’ warning. According to the visible sign of climate change in Amer- We will impose those same con- Massachusetts Institute of Technology, ica and the rest of the world. sequences on future Americans and the We are already seeing some of these 7 years is enough time for the economy rest of the world. to adjust without job losses. changes. The science tells us to expect Continued failure to act will also fur- even more. The evidence that climate Businesses throughout the country ther strain our relationships with our have shown that efforts to reduce emis- change is real is overwhelming: includ- allies. These relationships are already ing reports from the National Acad- sions can increase efficiency and actu- tense enough. ally save companies money. emies of Science, the Intergovern- The administration has said that we mental Panel on Climate Change, and Voluntary programs simply are not need more research before acting. I doing the job. We need to give incen- even the Congressional Budget Office. agree that we should continue to study To quote a CBO report released in tives for all companies to increase effi- climate change. But we also need to May, ‘‘scientists generally agree that ciency and cut emissions. start reducing our emissions of green- continued population growth and eco- We need to move forward with a na- house gases now. nomic development over the next cen- tional solution to climate change. So Prime Minister Blair has committed tury will result in substantially more far, we have placed all of the burden on to a 60 percent cut in Britain’s emis- greenhouse gas emissions and further the states. sions by 2050. We need to make sure the warming unless actions are taken to I am proud to say that California has control those emissions.’’ U.S. is not left behind. been a leader. California has created a The Intergovernmental Panel on Cli- The McCain-Lieberman amendment registry of greenhouse gas emissions mate Change estimates that the is the right place to start. that will be a model for the nation. Earth’s average temperature could rise This is a modest amendment. We Several other states are already look- by as much as 10 degrees in the next 100 would need to be back to our current ing to adopt the California Climate Ac- years—the most rapid change in 10,000 level of emissions by 2010. In reality, tion Registry’s standards. years. much of the reduction in ‘‘net emis- Similarly, California has a The latest evidence also indicates sions’’ will come through increased groundbreaking regulation affecting that climate change is likely to lead to carbon sequestration in forest and agri- greenhouse gas emissions from auto- more forest fires. Models indicate that cultural land. Emissions could actually mobiles. warming will lead to dryer conditions increase as long as there is enough se- Many states are moving forward, and in many places. Furthermore, warming questration to offset the increases. they are now pressing harder for Fed- is allowing bark beetles to spread far- The amendment is comprehensive. eral action. ther north and to higher altitudes than The amendment covers six greenhouse Local officials are also pressing for a ever before. gases and the vast majority of our national plan. My colleagues know In parts of Alaska, bark beetles now greenhouse gas emissions. that I am partial to mayors. Recently, have two generations per year instead The amendment is low cost. Repeated 155 mayors, including 38 from my State of one, leading to drastic increases in analyses have shown that cap-and- alone, signed a statement calling for population and destruction of our for- trade programs are the most cost effec- national action. ests. tive way to reduce emissions. Accord- State and local programs are impor- As we know too well, dry conditions ing to the Massachusetts Institute of tant and I applaud these efforts. But and insect kill makes our forests into Technology, this amendment would we need national leadership on this tinder boxes. cost less than $20 per household over issue.

VerDate Mar 15 2010 22:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\2003SENATE\S30OC3.REC S30OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13576 CONGRESSIONAL RECORD — SENATE October 30, 2003 The McCain-Lieberman approach has and environmental decisions of our Record demands and higher prices for widespread public support. According time. As we debate the McCain-Lieber- natural gas caused America’s farmers to a recent national poll, three-fourths man Climate Stewardship Act of 2003, and ranchers to spend an additional of Americans support this approach to it is important to keep in mind this is $1.5 billion just to plant and fertilize global warming—including solid ma- not a debate about who is for or their crops this past spring. jorities from both parties. We need to against the environment. There is no The question we are faced with is not listen. Member of Congress who wants dirty whether we should take action but We know that agreement on climate air, dirty water, a dirty environment, what kind of action would best address change is possible in the Senate. The or declining standards of living for the climate change challenge we face Senate has passed a modest provision their children and grandchildren. We now and into the future. Our actions in the Energy Bill 2 years in a row. The all agree on the need for a clean envi- should be focused on incentivizing and Foreign Relations Committee has rec- ronment. We all want to leave our chil- achieving voluntary emissions reduc- ognized the urgency of the issue for our dren a better, cleaner, more prosperous tions in developing and disseminating diplomatic relations. world. clear technologies. It is time for the entire Senate to go The debate on climate change, how- I supported such actions in the past on record on this important topic. We ever, has moved beyond the Kyoto pro- in addressing our national climate need to show Americans and the rest of tocol. In 1997, by a 95–0 vote, this body, change policy: The establishment of a the world that we are listening and the Senate, adopted the Byrd-Hagel voluntary registry for carbon emis- that we are doing something about cli- resolution which stated the United sions reductions; tax credits for emis- mate change. States would not sign any inter- sions reductions; and research into cli- I believe we can unite behind this bill national treaty that excluded action on mate change science and carbon se- and move the debate forward. the part of developing nations or that questration. Closing the gaps in our As Mr. Blair said, we have a responsi- would cause serious economic harm to knowledge, our science, our industry, bility to listen and to lead. I urge my the United States. and our technology builds a solid foun- colleagues to support this amendment. However, the concerns about our cli- dation for a wise climate policy for the Mr. INHOFE. Mr. President, I will mate have not abated. We should rec- future. yield in a minute to the Senator from ognize the efforts of Senators MCCAIN Although there are inconsistencies in Nebraska. and LIEBERMAN and others on this par- the science, there has been a human Last night we went into a lot of de- ticular issue. Although I disagree with impact on the Earth’s atmosphere—we tail in this debate and I used three the approach they have proposed, I un- all accept that—and we should consider groups of scientists, numbering over derstand and share their concerns. It is steps to mitigate that impact. The 20,000, who refute the science on which important to keep the debate moving sooner we begin, the smaller and less global warming is based. Only two forward in order to develop and imple- painful the changes will have to be in criticisms did I get from the other side. ment practical policies to deal with cli- the future. Global warming does not One was comments I made about sup- mate change. recognize national borders. The posedly misquoting Professor Schnei- The McCain-Lieberman bill would changes under consideration today are der. After looking at this, I find I did create mandatory emissions reductions proposed solely for the United States, not misquote him at all. He is one who for greenhouse gasses here in this but our global warming policy must be adheres to the MIT study that says country. The consequences of such broader. The United States alone can- there is far less than 1 percent chance mandates are severe. This bill would not improve the Earth’s climate. The temperatures would rise to 5.18 degrees raise energy prices for consumers, agri- only way forward is through inter- or higher, while there is a 17 percent cultural producers, business, and indus- national cooperation and collabora- chance that temperatures would rise try, and have a very negative impact tion—engaging, helping, partnering lower than 1.4 degrees. These are the on our economy. The mandates would with all nations, especially developing guys who are for this. also be very difficult to reach. nations. Developing nations are quick- More significant—and this is setting The Department of Energy’s own ly becoming the major emitters of the framework for this debate today. independent Energy Information Ad- greenhouse gasses, but they are ex- This is not about a pared-down bill ministration projects the greenhouse empted from international agreements McCain-Lieberman are coming up with gas emission levels in 2010 would have to reduce these emissions. There are now. They have both said this is just a to be reduced by 14 percent in order to some good reasons for this. These na- start. achieve the 2000 emission level quota tions cannot achieve greenhouse gas I will quote Professor Wigley, one I set by this bill, not the 1.5 percent re- reductions until they achieve higher was criticized for misquoting. We find duction that supporters of this bill are standards of living. They lack clean en- out I did not. He said: claiming. ergy technology, and they cannot ab- Senator Inhofe quotes my 1998 publication This means utilities and manufactur- sorb the economic impact of the . . . where I pointed out that adhering to the ers will have to find alternatives to changes necessary for emissions reduc- emissions reductions outlined in the Kyoto coal, the predominant fuel used in this tions. Our partnerships with developing Protocol would have only a small effect on country. In most cases, this means nations can help increase the efficiency the system. What he fails to point out is this switching to natural gas. That would of their energy use and reduce their analysis assumed that Kyoto was followed to 2010, and there were no subsequent system mean higher costs for homeowners, greenhouse gas emissions. Industri- climate mitigation policies. The point of the businesses, industry, and farmers, as alized nations must help less developed paper was to show that Kyoto was to be con- well as possible natural gas shortages. nations by sharing cleaner technology sidered only the first step of a long and com- A fuel shift of this magnitude deso developing countries can leapfrog plex process of reducing our dependency on manded by this bill for the utility in- over the highly polluting stages of de- fossil fuels as a primary energy source. dustry would require natural gas pro- velopment that the United States and The chart of Senator SUNUNU shows duction and pipeline capacity this other countries have already been how little change would be possible country simply does not have nor will through. The Bush administration has under this. have in 2010. taken the initiative in developing I yield to the Senator from Nebraska We have recently seen the effects of these public-private partnerships and for 8 minutes. high natural gas prices in this country. projects with all developing nations. Mr. HAGEL. I very much appreciate A recent GAO report concluded the The United States Chamber of Com- the leadership of the chairman on this natural gas price fight in the years 2000 merce has called for a Marshall plan issue and on this important debate. to 2002 led to a 25 percent reduction in for developing emissions-free tech- I am here this morning to discuss the domestic production of nitrogen fer- nologies. Part of that plan includes the United States response to global cli- tilizer and a 43 percent in nitrogen im- dissemination of those technologies to mate change. How our Nation address- ports. This was a significant blow to developing nations. This will take es global climate change may prove to this country, especially to our agricul- time. We should be thinking and plan- be one of the most important economic tural producers. ning 20 to 50 years out.

VerDate Mar 15 2010 22:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\2003SENATE\S30OC3.REC S30OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 30, 2003 CONGRESSIONAL RECORD — SENATE S13577 By partnering with developing na- this debate, that there is this disagree- complexity of the climate change issue tions, we will export American tech- ment in the scientific community—it for quite some time. nology and expertise, and improve all is overwhelming in the scientific com- Certainly, being born and raised in economies along the way. munity that what is going to happen is the high desert region of the State of These are the types of plans the U.S. that the oceans are going to rise. Idaho located in the rugged and majes- should be reviewing. Investments can Can you imagine what that is going tic Pacific Northwest, I grew up with be spread over time and gradual and ef- to do to a place such as my State of reverence for the natural beauty of our fective change is the least painful to Florida, where most of the develop- world and a deep respect for the awe- individuals, industries and nations— ment in the State is along the coast- some power of nature. and it is the most lasting. It also al- line? With the rise of the temperatures, I have stated several times on the lows all nations to participate in work- that means the storms are going to be floor of the Senate that climate change able climate change policies. It is the more ferocious and frequent. is one of the most significant issues of only way to ensure both global climate Florida is this land we know as para- our time. I have not changed my view. change success and global prosperity. dise, that is a peninsula that sticks I come to the floor of the Senate Mr. President, I yield the floor. down in the middle of something we today to both compliment my col- Mr. NELSON of Florida addressed the know as ‘‘Hurricane Highway.’’ The leagues, Senators MCCAIN and LIEBER- Chair. storms are going to become more fero- MAN, for their determination to legisla- The PRESIDING OFFICER. Who cious and frequent, and the plagues are tively address the issue of climate yields time? going to be more intense. change and to object to the manner in Mr. LIEBERMAN. Mr. President, I If that is not enough for passing this which they have chosen to do so. yield my friend and colleague from legislation and blunting the critics of Their proposal, S. 139, The Climate Florida 6 minutes. this legislation—you would think that Stewardship Act, is portrayed by its The PRESIDING OFFICER. The Sen- argument would stand on its own, but proponents to be a modest legislative ator from Florida is recognized for 6 there is even more. And I must say, I attempt to reduce emissions of carbon minutes. was delighted, in the hearing we had in dioxide and other greenhouse gases. Mr. NELSON of Florida. Mr. Presi- our Commerce Committee on this It is hard for me accept the word dent, thank you. And in 6 short min- issue, to see, for the first time, some ‘‘modest’’ as an accurate descriptive utes I want to give you my observa- American insurance companies step up term for the legislation when I meas- tions of why this is an extremely crit- and say this is going to be a problem. ure the bill by what it does—it regu- ical piece of legislation to the future of In the past, European companies lates carbon dioxide—a gas that is not Planet Earth. have stepped up. But now subsidiaries a criteria pollutant under the Clean I bring back to my mind’s eye a pic- of those companies, doing business in Air Act is not a poisonous gas or toxic ture that is embedded in my memory, America, are acknowledging the same substance, and does not represent a di- looking out the window of our space- thing, that it will have devastating ef- rect threat to public health. craft 17 years ago back at Planet fects upon our business climate here in When I decided to enter politics, I Earth. It is such a beautiful creation, this country. was guided by a deep belief in personal suspended in the middle of nothing. It For example, the reinsurance com- freedom—the maximum amount pos- is a blue and white ball—blue from the pany, Swiss Re—this is their quote sible for the citizens of our Nation that oceans and white from the clouds—sus- from our Commerce Committee hear- is consistent with an orderly society. pended in the middle of this black ing: By freedom I mean the opportunity backdrop of space that goes on and on Swiss Re believes the best way to lessen to achieve one’s true potential, wheth- for billions of light years—an airless potential loss is through sound public policy, er as an individual, a community, or a vacuum. And there, suspended in the utilizing market mechanisms which strike business. Freedom spawns discovery midst of it is life. It is our home. the right balance between environmental and innovation and in turn discovery When you look at the rim of the precaution and societal policy objectives. and innovation solve problems and cre- Earth from space, you see a thin little Because the person testifying for ate opportunities. Regulation is the an- film, and that is the atmosphere that Swiss Re said, ‘‘Climate change driven tithesis of freedom. It certainly re- sustains all of life. From space, the natural disasters are forecasted to cost tards, if not completely extinguishes Earth looks so beautiful and yet it the world’s financial centers as much our natural desire to discover and be looks so fragile. From that experience as $150 billion per year over the next 10 innovative, and yet, we, as a Nation, of 17 years ago, it made me want to be years,’’ that should be sufficient reason seem more and more inclined to will- all the more a better steward of this for us to stop putting our heads in the ingly accept the form of a regulatory planet, particularly when, with the sand and saying global warming is not state. naked eye, from that altitude I could a problem. We know it is a problem en- I am periodically awed by the pre- actually see, for example, coming vironmentally. Now we have to recog- science of Alexis de Tocqueville’s 1839 across South America—with the color nize that it is going to be a major prob- work—‘‘Democracy in America.’’ In contrast—the destruction of the rain lem with regard to American business Part II of Chapter 6, Tocqueville voiced forest in the upper Amazon region and, and all of the investments we have, perhaps his greatest concern for the fu- from the same window of the space- particularly since so much of our ur- ture conditions of American democ- craft, see the results of that destruc- banized area is along the coast of the racy. tion. Looking to the east, to the mouth United States. In general terms, he said that democ- of the Amazon River, I could see the So, Mr. President, I wanted, as one racies have a sort of soft ‘‘despotism’’ silt that discolored the waters of the voice, who strongly supports the to fear. That is, conditions of democ- Atlantic for hundreds of miles. McCain-Lieberman legislation, to racy include toward men’s equality, I give you that backdrop purely as an speak in favor of it. and in that equality, the government intro to tell you that when we face a The PRESIDING OFFICER. The Sen- takes care of all of man’s necessities, major change in climate, it is going to ator’s time has expired. needs, and desires, in order to maintain have devastating effects on the very Who yields time? this patterned equality among men. delicate ecological balance that we Mr. CRAIG addressed the Chair. Tocqueville’s description of this ‘‘soft have on this Earth. The PRESIDING OFFICER. Who despotism’’ aptly describes the modern Clearly, one of the places that would yields time? regulatory state. be most devastated would be my own Mr. INHOFE. Mr. President, I yield I note that there are 2,620 pages in State of Florida, which has more coast- up to 10 minutes to Senator CRAIG. the 1936 Federal Register, a year after line than any other State. The rising of The PRESIDING OFFICER. The Sen- the Federal Register Act was passed in the temperatures would cause the ris- ator is recognized for 10 minutes. 1935. In the Federal Register for the ing of the oceans. The scientific com- Mr. CRAIG. Mr. President, as many year 2000, there are 74,258. munity, that has been fairly unani- of my colleagues in the Senate know, I A quote from Chapter 6 of mous on this—despite what you hear in have been fascinated and awed by the Tocqueville’s work is quite pertinent

VerDate Mar 15 2010 22:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\2003SENATE\S30OC3.REC S30OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13578 CONGRESSIONAL RECORD — SENATE October 30, 2003 to our discussion here. In discussing The National Academy made extraor- term threat to the environment from the regulatory threat, he states: dinary efforts to get Members of the climate change. This is not true. That power is absolute, thoughtful of de- Senate to attend its intensive Climate One of the conclusions of the Report tail, orderly, provident, and gentle . . . It Science Forum, including sending a was that: provides for their security, foresees and sup- letter one month in advance of the [a] causal linkage between the buildup of plies their necessities, facilitates their pleas- forum to each Member of the Senate, greenhouse gases in the atmosphere and the ures, manages their principal concerns, di- followed by a personal phone call to observed climate changes during the 20th rects their industry, makes rules for their each Senate office. Century cannot be unequivocally estab- testaments, and divides their inheritances lished. . . . Thus it makes the exercise of free choice What more could the Academy have less useful and rare, restricts the activity of done to encourage attendance? I don’t Natural variations in climate that free will within a narrower compass, and lit- think much else could have been done. occur over decades and even centuries tle by little robs each citizen of the proper For some, it appears contentment on have been identified by the NAS as also use of his own faculties. the science issue comes from simply playing a role in climate change, and Tocqueville goes on to note that reg- learning about it from media reports so it is not correct to say that this ulation: contained in newspapers and popular problem results only from human ac- is not at all tyrannical, but it hinders, re- magazines. Is that a fair knowledge tivities, or that reduction of emissions strains, enervates, stifles, and stultifies so base for regulation? of heat-trapping gases will entirely much that in the end each nation is no more Indeed, a little over a year before the solve it. than a flock of timid and hardworking ani- NAS conference I organized and at- Mr. President, 2 years before the NAS mals with the government as its shepherd. tended, with Senator LINCOLN CHAFEE prepared its 2001 ‘‘Analysis of Some Now, let me be clear, regulation, in- and former Senator Bob Smith, a meet- Key Questions’’ it issued one of this deed, has its place. But this extremely ing of over 30 scientists working at the country’s most comprehensive reports powerful Government tool should be Woods Hole Oceanographic Institute in on climate change science entitled: employed only as a last resort after Woods Hole, MA, to discuss the state of ‘‘Research Pathways for the Next Dec- facts developed by a comprehensive science on climate change. ade.’’ and systematic analysis clearly indi- Again, I could tweak the interest of The Pathways report is short on cre- cate that it is necessary to protect the only a handful of Members to join me ative literature and long on technical public welfare. at that excellent scientific conference issue framing—not particularly suit- It is with this analytical perspective held exclusively for members of the able for catchy media headlines, which that I have reviewed carefully the un- United States Senate. This issue is too may explain why many newspapers derlying scientific and economic sup- economically and environmentally im- showed little interest in its existence port for this bill, S. 139. portant for Congress to continue to or import. But its critical and thor- The bill assumes that there is cur- have only casual interest in its sci- ough scientific analysis of the current rently a definitive scientific basis for entific complexity. state of our climate change knowledge imposing a regulatory structure on in- Sure, there have been several con- is what makes the Pathways report so dustry. I am unable to agree with that gressional hearings during the last important to policy makers. basic assumption. There is no defini- year debating different views of the Now, if you are like me and you find tive evidence supporting regulation. science. But how much do we really out that America’s National Research Surface temperatures have warmed. We learn in a couple of hours under re- Council has just published the most are not sure why. Since the mid-1990s, strictive time limits for questions, par- comprehensive report in history on the I have paid close attention to the de- ticularly when we invite mostly ‘‘advo- state of Climate Science, you don’t veloping science on global warming. cates’’ of a particular position, instead want to read all 550 pages! Indeed, I have organized and attended of objective scientists? Not much. You want to cut to the chase and meetings at scientific research venues, Surely, not as much as we learned at read the report’s bottom line conclu- set-up and participated in numerous reputable scientific forums. sion. And the last thing you want is a conference calls with scientists from So, today, the Senate is asked to pass report that provides more questions the National Academy of Sciences, and, legislation that will regulate carbon than answers. along with the Board of the NAS con- dioxide, an emission that has no health But the Pathways Report authors are vened a high level conference at the impacts—we humans exhale it with brutally honest. To best explain the Academy’s headquarters in Wash- every breath—and heretofore has never current state of climate science they ington, DC to discuss the state of the been listed as an ‘‘air pollutant.’’ Stat- had no choice but to lay out a whole science on global warming. ed simply, the scientific case for regu- series of potentially show-stopping That conference, held on June 6, 2001, lation is unpersuasive. questions. was a marvelous opportunity to talk Those Senators who assert that the Let me stop for a moment and reflect with eleven scientists that included science is settled are, in my opinion, on my trip to Woods Hole, MA, that I several Nobel Laureates who just fin- simply wrong. mentioned earlier. I spent a day at the ished responding to the now well pub- The 2001 NAS Report on the ‘‘Anal- Oceanographic Institute exploring licized ‘‘Key Questions’’ request of ysis of Some Key Questions,’’ often these questions with over 30 scientists. President Bush. quoted to establish the basis for regu- It was a real eye-opening experience. We couldn’t have had better timing latory action, contains a sentence that Dr. Berrien Moore, who coordinated for such a conference and the con- is often half-quoted, and I will read it the publication of the Pathways Re- ference was set up solely to address here in its entirety: port, helped lead a discussion on where concerns of the U.S. Senate. The changes observed over the last several science and public policy intersect. Yet there were only two other Sen- decades are likely mostly due to human ac- Two themes came through clearly in ators besides myself who made the ef- tivities, but we cannot rule out that some those discussions: fort to attend. Senators BINGAMAN and significant part of these changes is also a re- No. 1, there are significant gaps in SESSIONS joined me, former Treasury flection of natural variability. scientific understanding of the way Secretary O’Neill and former Chairman This is the third sentence in the sum- oceans and the atmosphere interact to of the President’s Council of Economic mary at the very beginning of the re- affect climate; and Advisors, Glenn Hubbard. port. No. 2, scientists need more data, es- I can say to all in the Chamber today Even a cursory reading of the report pecially from the oceans to better un- that the forum was a veritable feast for indicates that the uncertainties are derstand and predict possible changes. the mind and wonderfully successful in real and they are significant. Indeed, It was humbling to get a glimpse of explaining matters of extraordinary the report uses the words ‘‘uncertain’’ how much we don’t know. scientific complexity. But it had to be and ‘‘uncertainty’’ 43 times in its 28 You need to know what is in the quite a disappointment for the Acad- pages. ‘‘Pathways Report’’ in order to fully emy. Only three U.S. Senators took the Some press accounts have said that understand the Research Council’s time to attend. this report acknowledged a dire, near ‘‘Analysis of Some Key Questions’’—if

VerDate Mar 15 2010 22:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\2003SENATE\S30OC3.REC S30OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 30, 2003 CONGRESSIONAL RECORD — SENATE S13579 read objectively, I think you will find The higher prices for energy and energy-in- do not. In a 2003 study on the direct that both Reports are consistent—both tensive products that would result from a costs of the U.S. Tort system, it was highlight the uncertainty of our cur- cap-and-trade program would reduce the real estimated that costs equal 2.2 percent rent understanding of climate science. income that people received from working and investing, thus tending to discourage of our nations GDP. Europe and Asian Another important point to highlight them from productive activity. That would countries give no standing to Third is that the United Nations Framework compound the fact that existing taxes on Parties in environmental compliance Convention on Climate Change does capital and labor already discourage eco- and enforcement cases. not define what is meant by ‘‘dan- nomic activity. Perhaps, if we were a less litigious gerous interference with the climate The only way to reduce CO2 emis- nation, we could accomplish more in system’’ nor does it specify a ‘‘dan- sions from powerplants is to reduce the environmental compliance, and be less gerous’’ level of greenhouse gas con- amount of coal, oil or natural gas con- fearful of international environmental centrations. sumed at the power plant. treaties becoming law. However, for To my knowledge, no Federal or fed- Placing a cap on CO2 emissions from better or worse, when our nation com- erally supported scientific entity has powerplants means those plants simply mits to a particular environmental pol- firmly established what is a ‘‘dan- will not be able to generate any signifi- icy, we enforce that commitment with gerous’’ level of greenhouse gas. We cant amounts of new electricity. There the heavy hammer of civil penalties simply don’t know! are no control technologies like selec- Recently, James Schlesinger, a and criminal prosecution. Europe, tive catalytic reduction or scrubbers Japan, and other nations do not. Our former Secretary of Energy under for CO . President Jimmy Carter stated in the 2 global competitiveness and economic Capping CO2 emissions from power Washington Post: security is ‘‘in the balance.’’ plants will make the current crisis in Mr. President, I ask unanimous con- We cannot tell how much of the recent electricity markets permanent. It will warming trend can be attributed to the sent that a letter from a large senior force shuttering of most of U.S. coal citizen organization expressing their greenhouse effect and how much to other fired steam electric generation pre- factors. In climate change, we have only a fear about high costs of energy based maturely and will essentially mandate limited grasp of the overall forces at work. on S. 139 be printed in the RECORD. reliance on new natural gas fired power Uncertainties have continued to abound— There being no objection, the mate- plants without any assurance that ade- and must be reduced. Any approach to policy rial was ordered to be printed in the formation under conditions of such uncer- quate gas supplies will be available. tainty should be taken only on an explor- Further, a report by the U.S. Energy RECORD, as follows: atory and sequential basis. A premature THE 60 PLUS ASSOCIATION, Information Administration found that Arlington, VA, October 28, 2003. commitment to a fixed policy can only pro- reductions of SO , NO , and CO at lev- ceed with fear and trembling. 2 X 2 Hon. LARRY E. CRAIG, els consistent with the current pro- Chairman, Senate Special Committee on Aging, The President understands that re- posal drives up electricity costs sub- Dirksen Senate Office Building, Washington, ality. stantially. The report shows that elec- DC. The administration’s Scientific Stra- tricity prices would rise by 21 percent DEAR SENATOR CRAIG: As Chairman of the tegic Plan for climate change research by 2005 and 55 percent by 2010. Senate Special Committee on Aging, you are is a valuable effort to develop a frame- The report goes on to attribute most a proven fighter for seniors. Accordingly, I’d work for acquiring and applying knowl- like to bring to your attention legislation of the rise in prices to controlling CO2 edge of the Earth’s global environment emissions. that, if enacted, would be very detrimental through research and observations. It The report, Mr. President, also was to the elderly. is a long overdue decision and should We are very much opposed to S 139, the Cli- prepared when natural gas prices were mate Stewardship Act, which seeks to do by be welcomed by all. a third of what they are today which The President’s approach is most statute much of what the discredited Kyoto means that future electricity prices Protocol would have done by treaty. (The prudent. At this time, it is my pre- likely would be much higher because Kyoto Protocol was rejected by you and your ferred option over regulation. Despite the report assumes that most new gen- Senate colleagues in 1997 by a 95–0 vote.) S claims to the contrary, no government erating capacity would be gas fired. 139 would seriously adds to the costs of both administration has aggressively pur- The last point that must be ad- electricity and gasoline for seniors and oth- sued a voluntary action program. The dressed is the assertion that the United ers on a fixed income. President’s plan is well conceived and States is somehow out of step with the According to a June 2003 report by the En- deserves a chance. ergy Information Administration at the U.S. rest of the world on this issue. Climate Department of Energy, this legislation would The simply truth is that any cap- change is as much an economic issue as and-trade scheme is a hidden tax on increase electricity rates by 46%, natural gas it is an environmental issue. We must prices by 79%, and the cost of gasoline by as consumption. Like a tax, it would raise ensure that our global competitiveness much as 40 cents a gallon. the cost of production. is not compromised. Let’s not allow Seniors on a fixed income are least able to Moreover, a cap-and-trade on CO2 our nation to be duped into assisting afford these higher prices. emissions will be a regressive tax our competitors in the global market During the cold winter months, many sen- which will hurt those on low or fixed to achieve competitive advantage iors must choose between staying warm and income—that is the poor and elderly— under the subterfuge of environmental having enough food to eat and medicine to stay healthy. And in the heat of the summer, disproportionately. I will submit for policy. When viewed in comparative the record a letter sent to me as Chair- an inability to cool a home can be a death perspective, the process by which envi- sentence to the elderly. man of the Aging Committee from ronmental policy is developed and im- ‘‘The 60 Plus Association’’ with mem- The very last thing public policies should plemented has been far more do is to add to the costs of electricity and bership of 4.5 million senior citizens in- ‘‘conflictual and adversarial’’ in the natural gas for the elderly. Likewise, many cluding 10,000 in Idaho, asking me to United States than in Europe or Japan. seniors and their families must be able to af- oppose S. 139. In the U.S., while fines for violations ford gasoline to be able to get to their doc- A quote from a June, 2001 CBO study have grown larger, numerous viola- tor’s office, grocery store, and pharmacy. entitled ‘‘An Evaluation of Cap-and- Government mandates which increase the tions of environmental laws have been Trade Programs for Reducing U.S. Car- costs of electricity, natural gas, and gasoline reclassified as ‘‘felonies’’ and many bon Emissions’’ is revealing on this are tantamount to a tax on those least able subject: now carry prison sentences. to pay it. Contrast this with Europe and Japan. On behalf of 4.5 million seniors, including This analysis does not address the issue of Japan implements its policies without taxing carbon emissions. However, the eco- nearly 10,000 in Idaho, please do everything nomic impacts of cap-and-trade programs resorting to legal coercion or overt en- you can to prevent S. 139 from being passed. would be similar to those of a carbon tax: forcement. Japanese MUST negotiate Cordially, both would raise the cost of using carbon- and compromise to ensure compliance. JAMES L. MARTIN, based fuels, lead to higher energy prices, and Europe emphasizes mutual problem- President. impose costs on users and some suppliers of solving rather than arm’s length en- Mr. CRAIG. Mr. President, I have energy. forcement and punishment. come to the floor on more than one oc- Another instructive quote from that Our legal system allows Third Party casion over the last 5 years to discuss study states: lawsuits. Europe and Asian countries and debate the issue of climate change.

VerDate Mar 15 2010 22:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\2003SENATE\S30OC3.REC S30OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13580 CONGRESSIONAL RECORD — SENATE October 30, 2003 Many of us engaged in this issue be- bling out there and what it means and that all of the world’s scientists have lieve it to be a serious and important is it valid and, from it, should we begin come together with a single statement issue. That I cannot deny. The Senator to reshape our economy; if it is invalid to suggest that the global warming we from Florida talked about it being of or inaccurate, what would be the im- are experiencing can be in any way critical character. I do not dispute pact of the reshaping that S. 139 might clearly the product of the production of that. The question is, Can we do any- accomplish. greenhouse gas around this globe and thing about it and are we the cause of Organized meetings have been held as a part of it. it? And I am speaking ‘‘we’’ as man- all over. I organized one with the as- Because we have not totally under- kind. That is the essence of the debate sistance of the National Academy of stood it yet, there is no question that today. Sciences in June 2001. It was a high- we ought to try to understand it before Also, S. 139, the Climate Stewardship level conference meeting here in our we begin to craft a massive body of reg- Act, would portray, in part, that we are Nation’s Capital. Every Senator was ulation to reshape the economy, all in the cause and, therefore, let us make invited to come. Three showed up. Only the name of climate change. That is some moderate adjustment changes in three showed up to listen. Senator what the President understood. That is our regulatory structure in this coun- BINGAMAN and Senator SESSIONS at- why the President denounced Kyoto. try to begin to mitigate greenhouse tended, along with Secretary O’Neill, The administration’s strategic sci- gases. to listen to the President and the entific plan for climate change re- Let me suggest that the word ‘‘mod- President’s Council of Economic Advis- search is a valuable effort to build the est’’ has been used, but I would guess if ers, to listen to some of our noted sci- body of science that can truly allow you read the legislation, and then you entists from all over the world. No one those of us as policymakers a founda- downstreamed it through the regu- else came. O’Neill at that time was tion from which to make the right latory process, it might be anything serving as Secretary of the Treasury choices. If we fail to make the right less than modest. and was a somewhat outspoken advo- choices, if we head this massive regu- Here is what is most important about cate of changing our economy for the latory effort in the wrong direction regulating carbon dioxide. It is a gas. sake of climate change. He went away without question—and many have spo- It is not a pollutant under the Clean from that meeting not confused but ken to it over the last few hours—we Air Act. It is not a poisonous gas or a recognizing that there was a broad could badly damage, if not curtail, toxic substance. It does not represent a field of science out there that he had much of the growth in our economy. I think the effort that is underway direct threat to public health. That is not yet explored and that scientists ought to be the preferred option over what scientists tell us. Yet somehow had not, in fact, come together in a regulation. Voluntary action based on we are going to be able to regulate and way to understand. shape it in a way that controls what we We worked with a variety of sci- clear evidence is a much preferred way believe to be the cause of producing entists from the National Academy of to go. Let me talk for a moment about eco- greenhouse gas. Scientists. In 2000, I went up to Woods nomic impact because that ultimately I suggest that probably the most Hole Oceanographic Institute. Senator is the issue. S. 139 wants to change our invasive process we are going through CHAFEE and Senator Bob Smith went country, wants to change the utiliza- right here with this legislation is the along at that time. We listened to the tion of carbon and the emission of regulatory process that will ultimately best scientists out there, scientists gases. You do it through a regulatory come. who have studied this for decades. process. Between 1990 and the year 2000, The Senator from Arizona and I, They cannot in any absolute way sug- more often than not, are critics of big industrial GDP increased 35 percent. gest that greenhouse gases are the cre- The PRESIDING OFFICER. The Sen- government and the regulatory proc- ator of a heating trend or a warming ator’s time has expired. ess. What De Tocqueville said a good trend that does exist and most agree Mr. CRAIG. The reality is, our indus- number of years ago—in fact, well over does exist. trial growth is climbing. Its emissions a century ago—was about the great de- The Senator from Arizona, the au- have rapidly dropped. The emission mocracy of America and the despotism thors of S. 139, would suggest that this today of greenhouse-like gases, as we of fear that is produced in the regu- is the definitive document, the ‘‘Anal- would argue, do not come from our in- latory process that limits freedom. ysis of Some Key Questions,’’ of cli- dustrial base. Yet this is where we send He talks about the regulatory proc- mate change science by the National our regulatory effort. ess as being soft despotism. Research Council. This is a total of 27, I oppose the legislation. I hope the I note that in 1936, there were about 28 pages. I am not saying this docu- Senate will vote against it. 2,600 pages of the Federal Register. In ment is wrong, but I am saying, to un- The PRESIDING OFFICER. Who the year 2000, there were 74,258 pages of derstand this document, you better yields time? the Federal Register. We have become read this document: ‘‘Pathways Mr. LIEBERMAN. Mr. President, I a phenomenally regulated and con- Study,’’ 550 pages. Now, it is not a hot yield 6 minutes to the distinguished trolled economy and country. In so topic, and it will put you to sleep. It is Senator from New Jersey. doing, de Tocqueville would note very all science. From this document, they The PRESIDING OFFICER. The Sen- clearly, as we all understand and as the concluded this document. ator from New Jersey is recognized. Senator from Arizona understands as And what does this document con- Mr. LAUTENBERG. Mr. President, I well as anyone, we begin to shape our clude? That the science today is not thank Senators LIEBERMAN and MCCAIN freedoms, control our freedoms in a yet assembled that can in any defini- for developing this amendment. It very interesting way. That is what this tive way argue that greenhouse gases makes sense. Mr. President, I rise to bill is all about, a massive new regu- and man’s presence in the production speak in support of the Lieberman/ latory process to reshape certain utili- of those greenhouse gases is creating McCain bill. This bill offers a reason- zations of energy in a way that will the heating trend in our global envi- able, proven, market-based approach to have a significant impact on our econ- ronment at this time. addressing the problem of global warm- omy. And we would be led to believe There are not many sound bites here. ing. It establishes a greenhouse gas that somehow it is going to improve The press did ignore this. Those who ‘‘cap and trade’’ system which is mod- the environment in which we live. want the politics of this issue largely eled on the most successful pollution That is the issue at hand. That is the ignored this document. But they must reduction program ever—enacted the one that we now need to discuss. That go hand in glove. I am not a critic of Acid Rain Program. is, does scientific evidence support this document at all. I have not read Since 1980, that program has reduced what S. 139 is all about. all of them, not all 550 pages. But I sulfur dioxide emissions by 40 percent— I have spent a good deal of time on have thumbed through a lot of it. I despite significant economic growth the science. You have to. That is prob- have read a good deal of it. Anyone during that period. I say, it’s about ably the greatest frustration that all of who wants to be the advocate of cli- time. us have, is trying to comprehend this mate change darn well better read the A few years ago I traveled to Antarc- massive body of science that is assem- bible on it first before they conclude tica and I saw the effects of global

VerDate Mar 15 2010 22:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\2003SENATE\S30OC3.REC S30OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 30, 2003 CONGRESSIONAL RECORD — SENATE S13581 warming firsthand. The Antarctic Pe- At the very least, we should start ly they rest of the country can also. ninsula ice shelves are melting. Over catching up. Surely, none of us here Other supporters of a market-based ap- 1,250 square miles of ice have broken doubt the United States possesses the proach include Silicon Valley inves- off and melted in just the last few capacity and the skill to confront glob- tors, multi-religion interfaith groups, years. Scientists believe these massive al warming? I for one, do not. the world’s largest re-insurance com- ice shelves have stood undisturbed for Now is the time to harness America’s pany, a bipartisan group of 155 may- 12,000 years. Now they are gone. Many ingenuity and skills and tackle global ors—the list goes on and on. of us were dismayed but not surprised climate change. I have to ask: What is I urge my colleagues: let’s be the by the report last month of the break- there about the facts of global warming leaders we were elected to be. Let’s act up of the Arctic’s largest ice shelf. that makes the administration duck now and vote for the Lieberman/ It is stunning that some of the for cover? McCain bill. world’s glaciers have lost as much as 70 We cannot ‘‘spin’’ our way out of the The PRESIDING OFFICER. Who percent of their ice. Why is all this ice impacts of global warming. But that is yields time? melting? Because, as literally thou- the strategy the opponents of this bill Mr. INHOFE. Mr. President, I yield 7 sands of climate scientists have re- are pursuing. Look at this chart: Re- minutes to probably the best informed ported—the earth is heating up! Yes, publican pollster Frank Luntz is urg- Senator who was the chairman of the global warming is real and America ing his side to call it ‘‘climate change’’ Governor’s clean air committee. should be leading the international not global warming, because ‘‘climate The PRESIDING OFFICER. The Sen- community in addressing it—not lag- change’’ is ‘‘less frightening.’’ The im- ator from Ohio. ging behind. The scientific discoveries plication here is that people won’t de- Mr. VOINOVICH. Mr. President, I on climate change are nothing short of mand immediate action on something wish to comment on some of the state- astonishing. Ice core samples from that is ‘‘less frightening’’ and ‘‘more ments made by my distinguished col- Greenland and the Antarctica show controllable.’’ How irresponsible. No league, Senator LIEBERMAN, during the that atmospheric concentrations of matter how much word-smithing that’s debate last night. carbon dioxide are at their highest done, no matter how much faux science Senator LIEBERMAN was correct when level in the last one million years. In the other side uses—that will not he said concerns about climate change the Arctic, the permafrost is melting. change the true, consensus, peer-re- and atmospheric concentrations of car- The average thickness of the arctic ice viewed science that has accumulated bon are widespread and bipartisan. He shelf has decreased by a staggering 40 for 30 years. was also right when he said that sup- percent, just since 1950. The ominous impacts of Global port for increasing our scientific under- All that melting ice is steadily rais- Warming affect our health, affect our standing of this issue and reducing ating sea levels. Globally, the sea has safety, and effect our economy. These mospheric concentration of carbon is risen between 4 and 8 inches. This im- impacts will not simply go away be- widespread and bipartisan. pact is particularly damaging to flat cause we turn a blind eye to the facts However, I note that opposition to coastlines like in Texas where the rel- and pretend the climate is not chang- the language offered by Senator LIE- ative sea level has already risen from 8 ing. In 2002, the National Research BERMAN and Senator MCCAIN is both to 10 inches. From primitive thermom- Council reported on the science of glob- widespread and bipartisan, including eter readings to the analysis of tree al warming. It said: labor and management. rings and coral reefs, the evidence is Greenhouse gases are accumulating in The bill is opposed by a large number clear: this last century has been the earth’s atmosphere as a result of human ac- of stakeholders, including the Chem- hottest in the last 1,000 years. tivities. National policy decisions made now istry Council, the American Farm Bu- The evidence of profound climactic and in the longer-term will influence the ex- reau, the American Health Care Asso- change continues to mount. A study tent of the damage suffered by vulnerable ciation, the American Highway Uses published last January in Nature— human populations and ecosystems later in Alliance, the American Iron and Steel probably the most respected scientific this century. Institute, the National Association of journal in the world—reported some re- Clearly, the decisions we make here Corn Growers, and the National Asso- markable discoveries. It reported that and now will determine how much ciation of Wheat Growers, and the list of 1,700 habitats studied, 370 are mov- ‘‘damage’’ is inflicted on our children goes on of the organizations opposed to ing northward. The habitat of the Red and our grandchildren. The National this legislation. Fox has moved 600 miles to the north Research Council represents the brain The legislation is also opposed by a in the last 30 years. Frightening dis- trust of the most educated country in large number of labor unions, including ease vectors, such as the mosquito the world. If we cannot believe the the Brotherhood of Locomotive Engi- which carries the deadly West Nile Council, who can we believe? neers; the International Brotherhood of Virus, are pushing into North America. Global warming poses a clear and Boilermakers; the Iron Ship Builders, Perhaps most ominous of all, night present danger to us all. The global Blacksmiths, Forgers, and Helpers; the time temperatures are rising. Medical warming bandwagon is getting full— International Brotherhood of Elec- authorities tell us that this lack of re- and the President would be smart to trical Workers; the International lief from elevated temperatures at get on it. A partial list of those who Brotherhood of Teamsters; the Marine nighttime is a chief reason that 500 to urge market-based action now, in- Engineers Beneficial Association; the 700 people died in Chicago during the cludes: 2,500 eminent economists from United Food and Commercial Workers 1995 heat wave. MIT, Yale, Harvard, Stanford and other International Union; the United Mine While the Federal Government sits top universities, including eight Nobel Workers of America; the United Trans- fiddling, States are not waiting for Laureates who said, ‘‘a market-based portation Union; the Utility Workers Rome to burn. At least 27 States—more policy could achieve its climatic objec- Union of America; and several locals of than half—have started their own pro- tives at minimum cost.’’ the United Steelworkers of America. grams to reduce greenhouse gas emis- Major corporations, including the pe- I also note that Senator LIEBERMAN sions. According to David Danner, the troleum giant BP—which has already stated that over 75 percent of people in energy adviser for the State of Wash- reduced its greenhouse gas emissions 10 a recent poll support this language. I ington, States are moving ahead to fill percent below its 1990 levels—and saved would argue if these people had been the vacuum left by the Federal Govern- $600 million in energy costs doing it. told of the negative effects of this leg- ment. Danner said, ‘‘We hope to see the Last night we heard from Senators islation on heating and electrical costs problem addressed at the federal level, who were repeating the scare propa- and the loss of jobs, the results of that but we’re not waiting around.’’ A num- ganda that is circulating about higher poll would have been much different. ber of those States have initiated rea- fuel prices. But what is more reliable, As I discussed last night, Thomas sonable regulatory programs that will guesses about the future or a record of Mullen of Catholic Charities testified soon begin to reduce greenhouse gas the past? If BP, DuPont and other last year against the Lieberman-Jef- emissions. The Federal Government major corporations can save money by fords bill saying it would have a dev- should be leading this effort, but isn’t. reducing their greenhouse gases—sure- astating impact in significantly higher

VerDate Mar 15 2010 22:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\2003SENATE\S30OC3.REC S30OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13582 CONGRESSIONAL RECORD — SENATE October 30, 2003 heating prices on the poor and elderly. The sponsors of S. 139 have stated that the National Petrochemical & Refiners Asso- I also point out that the Department of first phase of greenhouse gas reductions in ciation. Energy has stated that high energy their bill would ‘‘only require a 11⁄2 percent Portland Cement Association. Small Business Survival Committee. costs consume a disproportionately reduction from today’s greenhouse gas levels.’’ However, the Energy Information Ad- Society of Glass and Ceramic Decorators. large share of the income of the poor ministration projects that emissions levels The Fertilizer Institute. and elderly on fixed incomes. They are in 2010 would have to be reduced by 14 per- The Industrial Energy Consumers of Amer- left out of this debate. cent in order to achieve the 2000 emission ica. I would also like to address state- levels quota set by S. 139’s first deadline of The Salt Institute. ments by Senator MCCAIN and Senator 2010. Moreover, S. 139’s first phase of reduc- Toy Industry Association. U.S. Chamber of Commerce. LIEBERMAN that because they offered a tions would require the economy to have to substitute to their original version of make additional cuts in fossil energy use Mr. VOINOVICH. Mr. President, this S. 139, all the comments and analyses every year following 2010, simply to stay legislation is the first step in our coun- under the 2000 emissions cap in the face of cited by opponents of this bill, includ- try toward participating in the Kyoto increasing demand for more energy from a protocol at a time when Russia and ing myself, are irrelevant. That state- growing population and economy. Thus, ment could not be further from the meeting S. 139’s first emissions cap would Australia have indicated they will not truth. cause increasing, major economic disrup- ratify the treaty, and when China, I refer to a letter I recently received tions for farmers, businesses, industry and India, Brazil, and South Korea are ex- from many of the stakeholders against the poorest Americans who can least afford empt because they are ‘‘developing S. 139: higher electricity and natural gas price in- countries.’’ The undersigned commercial, industrial, creases in the future. The modified bill will Our trade deficit with China alone is small business and agricultural organiza- also result in the export of countless addi- $103 billion. Yet supporters of this leg- tions strongly urge you to oppose S. 139, the tional manufacturing jobs; a unbearable islation want to shut down American Climate Stewardship Act, or any substitute prospect in light of the more than 2.8 million jobs the manufacturing sector has already plants and send American jobs overseas that may be offered by its sponsors, Senators to these ‘‘developing countries’’ that Joe Lieberman and John McCain, when this lost since the summer of 2000. Addressing the climate change issue does do not have the environmental safe- measure comes before the Senate. As they not have to come at the expense of the guards that we have in America. I can proclaimed, the vote on S. 139 (or its sub- American economy. Voluntary emissions re- stitute) will be a test vote on the most ap- hear the giant sucking sound of jobs duction measures and innovative ideas for propriate response to concerns about our leaving our country every time I re- market-based incentive programs are needed changing climate. turn to Ohio. Among all the policy options available to in the near-term, while progress continues to Let me be perfectly clear, carbon be made in perfecting new technologies to the Congress to improve our understanding caps are lethal to our economy. Carbon of climate systems, the arbitrary imposition improve efficiency and sequester greenhouse gases. The Senate/House energy conference caps—any carbon caps—will cause a of energy rationing as embodied in S. 139 is switch to burning coal with clean coal one of the worst possible options the Senate report on H.R. 6 is expected to contain many could choose for farmers, industry, the poor- provisions to increase energy efficiency; pro- technology. That will cause fuel est of Americans, and the economy as a vide incentives for renewable fuel use, nu- switching to natural gas. It will mean whole. clear energy and clean coal technologies; and the end of manufacturing jobs in my expand energy research and development I ask unanimous consent that this State. It will send thousands of Amer- programs. The Senate does not need to re- ican jobs overseas and will signifi- letter be printed in the RECORD. sort to S. 139’s command-and-control ration- There being no objection, the mate- ing program to address energy policy. cantly drive up natural gas and elec- rial was ordered to be printed in the Finally, S. 139 or its substitute would force tricity prices and put millions of Amer- RECORD, as follows: electric generators to switch from coal to icans out of work. natural gas in order to meet the limits of the Too many Americans have lost their OCTOBER 22, 2003. bill. The repercussions of a Senate vote to U.S. SENATE, jobs because we have not harmonized support S. 139 or its substitute cannot be un- Washington, DC. our energy and environmental policy in derstated. Any indication that the Senate fa- DEAR SENATOR: The undersigned commer- this country. We need a truly com- vors coal-switching to natural gas will im- cial, industrial, small business and agricul- prehensive energy policy that protects mediately influence many investment deci- tural organizations strongly urge you to op- sions that will affect, not just the future of our environment while also protecting pose S. 139, the Climate Stewardship Act, or natural gas prices for all consumers, but the our energy security and our economy. any substitute that may be offered by its very availability of natural gas for industry We do not need legislation such as S. sponsors, Senators Joe Lieberman and John in the future. A vote for S. 139 or its sub- McCain, when this measure comes before the 139 that attempts to protect the envi- stitute would contribute to the current nat- Senate. As they have proclaimed, the vote on ronment while completely disregarding ural gas supply/demand imbalance and al- S. 139 (or its substitute) will be a test vote on negative impacts on our energy secu- most immediately exacerbate the high nat- the most appropriate response to concerns rity and economy. ural gas prices and occasional shortages that about our changing climate. As I stated last night, I strongly op- Among all the policy options available to are already plaguing the economy. On behalf of the men and women in large pose any legislation that will exacer- the Congress to improve our understanding and small businesses in agriculture, com- bate the loss of jobs in my State and of climate systems, the arbitrary imposition merce and industry who depend on reason- drive up the cost of energy for the least of energy rationing as embodied in S. 139 is ably priced energy for a prosperous future one of the worst possible options the Senate of our brethren, the poor and the elder- for this country, we urge you to oppose S. 139 could choose for farmers, industry, the poorly. I urge my colleagues to vote no on and the sponsors’ substitute when this legis- est of Americans and the economy as a this legislation. lation is concerned by the Senate. whole. The Energy Information Administra- The PRESIDING OFFICER. Who Sincerely, tion projects that electricity prices alone Alliance of Automobile Manufacturers. yields time? would increase 46 percent and the price of American Boiler Manufacturers Associa- Mr. INHOFE. Mr. President, I thank gasoline would rise by 40 cents per gallon if tion. Senator VOINOVICH for making his this legislation were adopted. American Coke and Coal Chemicals Insti- statement. I will be specific. The When S. 139 is brought up in the Senate tute. amount of jobs in his State alone, if under the July 31 unanimous consent agree- American Farm Bureau Federation. ment, the sponsors of S. 139 will be permitted this passes, would be 178,000. American Iron and Steel Institute. For any other Members who want to to offer an amendment in the nature of a Coalition for Affordable and Reliable En- substitute. They have announced that, in ergy (CARE). know how their States will be affected, order to increase votes for their proposal, Council of Industrial Boiler Owners. we have that breakdown. It is a study this substitute will eliminate the bill’s unre- Edison Electric Institute. by Penn State University. I thank the alistic second phase objective of limiting IPC—The Association Connecting Elec- Senator for his comments. greenhouse gas emissions in 2016 to 1990 tronics Industries. Mr. LIEBERMAN. Mr. President, I emissions levels. However, make no mistake National Association of Manufacturers yield 5 minutes to the Senator from about it; the equally unrealistic first phase National Corn Growers Association. of S. 139’s reduction mandate of limiting 2010 National Electrical Manufacturers Asso- New Mexico. emission levels to levels of 2000 will, by ciation. The PRESIDING OFFICER. The Sen- itself, highly destructive to jobs and pros- National Mining Association. ator from New Mexico is recognized for perity. National Oilseed Processors Association. 5 minutes.

VerDate Mar 15 2010 22:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\2003SENATE\S30OC3.REC S30OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 30, 2003 CONGRESSIONAL RECORD — SENATE S13583 Mr. BINGAMAN. I thank the Chair. tensity over the next decade sounds Hampshire, Mr. SUNUNU. I hope we will Mr. President, I thank my colleague, impressive until one looks at the data. look very carefully at the chart he has. Senator LIEBERMAN, for yielding me The approach will allow climate-alter- It is probably the most significant time. ing pollution to continue to climb as chart, other than the jobs chart we Mr. President, I have heard three ar- long as it increases more slowly than have. guments against this legislation since I our economy grows. The PRESIDING OFFICER. The Sen- have been privileged to hear this de- The voluntary commitments would ator from New Hampshire. bate. The first argument is there is no meet a goal that are no more aggres- Mr. SUNUNU. Mr. President, we have such thing as climate change. Climate sive than business as usual. Green- heard a number of speakers who I change is a reality if we are to believe house gas pollution intensity in the think have raised a number of impor- the scientists we hire or who are will- United States has been declining be- tant points. We have heard questions ing to advise us. cause the part of our economy that is and discussions about the science of A clear consensus of the scientific growing the fastest is the service sec- climate change. The science is impor- community is there is a change going tor, which produces fewer greenhouse tant, and over time we hope to better on. The global climate is warming, and gases than manufacturing for certain. understand the Earth’s climate. I hope that is a fact. President Bush’s voluntary approach this is an area where we do research, The second argument I have heard is, will not change the trend in green- where we can develop better models. It OK, even if there is such a thing as cli- house gas emissions over what is likely is one of the most complex areas of inmate change, there is no real proof to happen anyway, and it certainly vestigation. human activity is the cause of that cli- does not put us on a path to reductions We have heard about the costs, both mate change. Again, I point out the in the future. direct costs of this legislation that will scientific community believes it. The We have been trying a voluntary ap- increase energy costs for everyone in scientific community says human ac- proach to reducing greenhouse pollu- America, but also indirect costs, be- tivity over the last 150 years has been tion for almost a decade, and green- cause other countries that have been a major contributor to the problem. house gas emissions have actually in- mentioned by Senator VOINOVICH, for Most of these human activities that creased 14 percent. Many of the com- example, such as China, India, Brazil, contribute to this problem relate to en- mitments industry is making today are Russia, or Australia, do not adopt such ergy production and use. Carbon diox- the same or similar to what these com- stringent controls on emissions, and ide emissions account for 84 percent of panies promised nearly a decade ago. they will benefit by American jobs the annual emissions of greenhouse While negotiations on an inter- moving overseas. gases in the United States and 98 per- national framework to address global In particular, it stands to reason in cent of the carbon dioxide emissions warming continue for the next several those areas of our economy that are are associated with energy production years, our domestic industry will have most dependent on energy as an im- or use. to make significant investment deci- port, energy incentive industries like The third argument which I have sions on new energy infrastructure. We manufacturing, steel, smelting, and the heard this morning is we do not totally have no domestic framework on green- like, those are the jobs that will be the understand this issue and, therefore, house gas emissions that would guide first to go overseas. the Congress should not be legislating. or even inform these investment deci- I want to speak about the environ- If we use that standard, we will not sions. Addressing these issues up front mental issue because if we look closely legislate on virtually any subject in would reduce business costs and risks. at the environmental impact of this Maintaining our present course will in- this body. Clearly, we have to take the legislation, it actually undermines the crease the probability of future eco- best information we have, make the legislation. It shows its weakness and nomic losses and waste in the energy best judgments we can, and then if we it illustrates why it should not be sector. find we are in error, we can adjust our This Climate Stewardship Act is a adopted. If we were to agree on the in- policies as we move forward. modest first step in trying to deal with crease in temperature of the last 50 or As the ranking member of the En- 100 years, agree there was some rela- this important issue. Senator LIEBER- ergy Committee, I have argued repeat- tionship between manmade emissions MAN and Senator MCCAIN deserve great edly for the last several years that part credit for forcing this issue to be con- of CO2 and that increase, and assume of our national energy policy and part sidered in the Senate today and to be the full impact of the Climate Change of the energy legislation we were try- voted on. They have put together an Commission, the IPCC and the Kyoto ing to craft should be a recognition of innovative framework that deserves protocols, let us look at what the envi- the importance of climate change, and our attention. It is unfortunate, frank- ronmental impact might be. This is a we should include in a bill some provi- ly, that this bill was not able to receive forecast of increasing temperatures sion for dealing with climate change the hearings in committee it deserves. over the next 50 years, a forecast pro- issues. Unfortunately, I am informed The debate should be no longer about jected increase of up to 1.2 degrees Cel- the energy conference that is still in whether climate change is a reality, sius, maybe 2 degrees Fahrenheit. The existence, although it does not meet, which is what we have been talking benefits of Kyoto are enormously will not include any language related about on the Senate floor, but instead small, perhaps one or two-tenths of a to climate change, even though the bill on how we can deal with it. Ideally, the degree Celsius. Over 100 years, if the the Senate produced does contain some debate we would be having on the Sen- projected change is 4 or 5 degrees Fahr- provisions in that regard. ate floor would be to consider amend- enheit, the impact of Kyoto might be This is an issue of global concern. It ments, to consider alternatives to this four or five-tenths of one degree. is sad that the United States is not proposal, so we could come to grips The question is: What benefit would leading this debate. We should have a with this very difficult issue. I would that provide at the significant eco- leadership role, both because we have prefer to be offering amendments on nomic costs that are not likely but cer- the capability to understand the ways in which the framework could be tain? Supporters have pointed out their science and to do the science, and the improved, but given the politicizing legislation, but our legislation is not as technology. We also have the capa- that has surrounded this scientific and dramatic as Kyoto. It is not as harsh as bility to come up with an appropriate environmental issue, I am left with Kyoto, and that means the environ- response. It is sad we are not doing only one option, and that is to vote for mental benefit will be even less. that. the bill and send a signal that the Sen- Questionable environmental benefit, This administration has totally ate must show leadership on climate enormous cost. I certainly urge my col- failed to lead with regard to this issue. change. leagues to vote no. The President’s plan to deal with the The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER (Mr. GRA- greenhouse gases has been little more ator’s time has expired. HAM of South Carolina). The Senator’s than a business-as-usual approach. The Who yields time? time has expired. Who yields time? President’s voluntary target of an 18 Mr. INHOFE. Mr. President, I yield Mr. MCCAIN. Mr. President, how percent reduction in greenhouse gas in- 21⁄2 minutes to the Senator from New much time remains on each side?

VerDate Mar 15 2010 22:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\2003SENATE\S30OC3.REC S30OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13584 CONGRESSIONAL RECORD — SENATE October 30, 2003 The PRESIDING OFFICER. Twenty have this debate while devastating entists, including the United Nations minutes 59 seconds on the minority fires, unprecedented in nature, are Intergovernmental Panel on Climate side; 17 minutes 11 seconds on the ma- sweeping across California, fueled by Change, the National Academy of jority side. unusual drought conditions. I don’t Sciences, U.S. Global Change Research Mr. MCCAIN. Who is the minority have to tell people what the con- Program, and these experts all reached side? sequences of that are. the same conclusions: The PRESIDING OFFICER. Well, I An ice dam lake drained recently No. 1. Greenhouse gasses are increas- do not know. That is a good question. when the Ward Hunt Ice Shelf, which a ing in the atmosphere because of Mr. MCCAIN. How much time is con- century ago rimmed the coast, broke human activities and they are trapping trolled by Senator INHOFE and how up along the coast of northeast Can- increasingly more heat. much time is controlled by Senator ada. NASA has confirmed that part of No. 2. Increased amounts of green- LIEBERMAN? the Arctic Ocean that remains frozen house gases are projected to cause ir- The PRESIDING OFFICER. Senator year round has been shrinking at a rate reparable harm as they lead to in- LIEBERMAN has 20 minutes 59 seconds. of 10 percent per decade since 1980. At creased global temperatures and higher Mr. LIEBERMAN. Mr. President, I a conference in Iceland in August, sci- sea levels. yield however much of the 10 minutes entists told senior government officials No. 3. The gases we emit to the atmosphere today will remain for dec- Senator MCCAIN will eventually have the Arctic is heating up fast, disclosing as he wishes to consume now. disturbing figures from a massive ades or longer. Every time we emit now The PRESIDING OFFICER. The Sen- study of polar climate change. will require greater reductions later, making it more difficult to protect the ator from Arizona. Dr. Robert Corell, who heads the Arc- environment. Mr. MCCAIN. Mr. President, I would tic Climate Impact Assessment Team, said: It is interesting to me that in July of like to use 8 minutes of my 10 minutes. the year 2003, Governor Pataki of New If you want to see what will be happening My favorite author is Ernest Heming- York announced that 9 States had for- way, as he is of many millions of peo- in the rest of the world 25 years from now, look at what is happening in the Arctic. mally agreed to join New York in de- ple throughout the world. One of his veloping a regional strategy in the most famous short stories is entitled Destruction of 70 percent of heat-sensitive coral reefs, in the world—70 per- Northeast to reduce greenhouse gas ‘‘The Snows Of Kilimanjaro.’’ At the emissions—10 States. The States agree- beginning of the short story he says: cent of the heat-sensitive coral reefs in the world due to increases in water ing to participate are Connecticut, New Kilimanjaro is a snow covered mountain temperatures—places reef fisheries in Jersey, Vermont, New Hampshire, 19,710 feet high, and is said to be the highest jeopardy. I don’t know what happens Delaware, Maine, Pennsylvania, Massa- mountain in Africa. Its western summit is chusetts, and Rhode Island. The cap- called by the Masai ‘‘Ngaje Ngaje,’’ the when the beginning of the food chain House of God. Close to the western summit disappears. and-trade initiative recommended by there is the dried and frozen carcass of a There is increasing coastal damage Governor Pataki would include devel- leopard. No one has explained what the leop- from hurricanes. Researchers at the oping a market-based emissions trad- ard was seeking at that attitude. University of Texas, Wesleyan Univer- ing system that would apply to power As the photograph shows here, the sity, and Stanford University earlier generators emitting carbon dioxide, snows of Kilimanjaro may soon exist this year reported in the journal Na- and it is modeled after the highly suc- only in literature. ture that global warming is forcing cessful acid rain program of the 1990 There has been a lot of debate here species around the world, from Cali- Clean Air Act. about the scientific evidence—17,000 fornia starfish to alpine herbs, to move This amendment is modeled on the scientists say this, 10,000 scientists say into new ranges or altered habitats highly successful acid rain program of that, my scientist says this—although that could disrupt ecosystems. the 1990 Clean Air Act. It is modest in clearly the National Academy of In an article in the July 3 Journal of its proportions. The PRESIDING OFFICER. The Sen- Sciences and other organizations in- Hydrology, ‘‘Winters In New England ator has consumed 8 minutes. cluding the World Meteorological Orga- Are Getting Shorter,’’ according to the Mr. MCCAIN. I reserve the remainder USGS scientists, northern New Eng- nization, I think, and others, should of my time. have some weight with my colleagues. land winters have receded by 1 to 2 The PRESIDING OFFICER. The Sen- If I might quote the punch line from weeks during the past 30 years. ator from Oklahoma. an old joke, ‘‘You can believe me or Paul Eckstine, Harvard Medical Mr. INHOFE. Mr. President, while I your lyin’ eyes.’’ School: appreciate the comments made by my These are facts. These are facts that Concerns about climate change are often good friend from Arizona, I would only cannot be refuted by any scientist or mistakenly placed into the distant future say some of the things there—I know any union or any special interest that but as the rate of climate change increases, so do the biological responses and costs asso- he doesn’t intend to say things that is weighing in more heavily on this ciated with warming and unstable weather. aren’t true. I would like to quote an ar- issue than any issue since we got into The influence of intensifying drought on the ticle that was in this morning’s USA campaign finance reform. spread of west Nile virus in the U.S., and the Today. James Morison, who is a sci- That is the Arctic Sea. That is the impacts of rising carbon dioxide levels on al- entist with the University of Wash- Arctic Sea. If you look at the red line, lergies and asthma, demonstrate that global ington—this is a front page article in that is the boundary of it in 1979. Look warming has come into our backyards. USA Today—said the temperature in- at it now. You can believe me or your Finally, Dr. Adare of the Climate Re- creases and the shifts in winds and lyin’ eyes. search Committee of the National ocean currents occurred early in the Look at Mount Kilimanjaro. That Academy of Sciences, says: 1990s and have since ‘‘relaxed.’’ This is picture was taken in 1993. That picture The planet has a fever and it is time to a recent discovery. was taken in February of the year 2000. take action. These big changes ‘‘are not related to All of us cherish our national parks. Mr. President, I ask my colleagues (global) climate change.’’ Have a look at the Glacier National not to listen so much to the opinions of This was just in this morning’s paper, Park, which will have to have its name labor unions, business special interests, speaking of the Arctic Circle. changed. The picture above was taken or even scientists. Look at what is hap- So if we have time, when I have a in 1932. That is a glacier ice cake. This pening around the world. Use your eyes chance to wind up, I want to repeat picture is from the Glacier National to see what is happening. The devasta- some of the things I said about the Park archives. That is from 1932. Look tion wrought by climate change so far flawed science on which all these at it 50 years later. It is not there. has been remarkable. things are based. Until then, I recog- There will be no more glaciers in Gla- There is a long series of happenings nize the Senator from West Virginia, cier National Park, so we may have to around the world. Key reports have Mr. BYRD, for a time not to exceed 12 give it a different name. been issued in the last few years by a minutes. We see devastating fires across Cali- number of bodies composed of the The PRESIDING OFFICER. The Sen- fornia. It is very interesting that we world’s most eminent climate sci- ator from West Virginia.

VerDate Mar 15 2010 22:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\2003SENATE\S30OC3.REC S30OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 30, 2003 CONGRESSIONAL RECORD — SENATE S13585 Mr. BYRD. Mr. President, I come to because it was voluntary. That is why mate change, this administration has the floor today to discuss the very crit- Kyoto concerned binding commit- left the U.S. in a much weaker position ical issue of global warming and to ments, and S. Res. 98 was intended to globally. summarize events of recent years that guide that effort rather than kill that The Bush administration must be have led us to this point. We are dis- effort. challenged on its environmental, eco- cussing the paramount energy and en- The administration’s climate team nomic, and energy responsibilities, vironmental challenge of our time; has merely returned to the voluntary both domestically and internationally. namely, the inexorable increase in approach of Rio, despite a complete The U.S. is in the best position of any greenhouse gasses in our atmosphere lack of evidence that this so-called nation to positively influence an inter- that will lead to changes in the global plan will ever succeed. Industrial na- national response to global climate climate. tions have never initiated significant change. Yet, we will all suffer from the The primary contributor to global reductions in pollution of any type on consequences of global warming in the warming is the burning of fossil fuels a strictly voluntary basis. This admin- long run because we are all in the same that create carbon dioxide, and it re- istration must finally come to terms global boat. mains in the atmosphere for over a with taking action toward globally This administration has attempted century. These human-produced emis- binding commitments. to hide behind S. Res. 98 to defend its sions are adding to a growing con- As well, developing nations, espe- current do-nothing and know-nothing centration in the global atmosphere cially the largest emitters, need to be a policies on climate change, and I that is expected to more than double part of any binding global climate strongly object to that. The difference by the end of this century. Therefore, change treaty. Another point that has between my view and that of this ad- we are bequeathing this problem and been misunderstood is what S. Res. 98 ministration is simple. I believe the its consequences to our children, our would require of developing countries. problem is real and demands action. grandchildren, and our great grand- An international treaty with binding The administration does not. The President also claimed early in his ad- children. commitments can and should provide While I am very concerned about the for the continued growth of the world’s ministration that his goal was to op- challenge posed by global warming, let developing nations. Unrealistically pose Kyoto. If the President’s rep- me state at the outset that I have long stringent emissions targets need not resentatives had stayed at the table been a strong critic of climate change choke off their economic growth. The and negotiated in good faith on a trea- policies that are not in the national in- initial commitments could be rel- ty to comply with S. Res. 98, then the terest of the United States. I will yield atively modest, pacing upwards de- administration could have guided the world toward a new binding treaty to no one on that point. I have insisted pending on various factors, with a spe- with mandatory requirements to re- on a rational and cost-effective ap- cific goal to be achieved. Today, how- duce emissions that would correct the proach to dealing with climate change. ever, the world is even further away deficiencies of Kyoto. As the coauthor, along with Senator from a credible, workable global strat- The reality is quite different. Our na- HAGEL, of S. Res. 98, that passed 95 to egy to deal on climate change than we tion has been represented at the inter- zero in 1997, during the 105th Congress, were in 1997. national negotiations in name only. We I sought at that time to express the The blame for this circumstance can would be better represented at the sense of the Senate regarding the pro- be laid squarely at the feet of this ad- international negotiations by a row of visions of any future binding, inter- ministration which abandoned inter- empty chairs. That would at least ac- national negotiations in which it could national agreement that would be accurately represent the vacuous nature have kept pressure on developing na- ceptable to the Senate. The Kyoto proof our current policies. For President tions to agree to some level of manda- tocol, in its current form, does not Bush not only disavowed the Kyoto comply with the requirements of S. tory emissions reductions. Moreover, Protocol; he also turned his back on Res. 98. That resolution was supported developing nations should be a prime any negotiations because they concern by many industrial trade associations market for clean energy technology a binding treaty that includes manda- and opposed by many environmental projects. But, with little pressure on tory commitments. The rest of the organizations. those nations to reduce or contain the world was outraged by this unilateral While those on both sides of the issue growth of emissions, a huge and fruit- rejection of a decade of negotiations have attributed many interpretations ful market for those types of tech- and of the new American isolationist and misinterpretations to S. Res. 98, no nologies—technologies that are being approach to deal with climate change. one has misrepresented and mis- developed in the U.S.—is likely to dry And what will happen in one year or construed S. Res. 98 more so than this up. In other words, while this nation five years when a new administration present administration. has been making great strides in devel- enters office? What will happen if Rus- S. Res. 98 was intended to provide the oping technologies to use our own en- sia does decide to ratify the Kyoto Pro- sense of the Senate on what should be ergy resources more efficiently and tocol, and it enters into force? Will the included in any future binding inter- more cleanly, significant efforts to administration be able to go back to national treaty. The resolution laid help deploy these technologies overseas the table and demand changes to bind- out the conditions under which the have been undercut by this administra- ing international law that will have Senate could agree to a new binding tion’s unilateral approach to climate been in force for perhaps many years? treaty that would subsequently be con- change. The President’s industry supporters sidered at the Kyoto conference. S. Thus, S. Res. 98 was an effort to may one day wake up and realize that Res. 98 directed that any such treaty strengthen the hand of the administra- they live in a partially Kyoto-con- must include new scheduled commit- tion as it undertook international ne- trolled world where there is no turning ments for the developing world in addi- gotiations. It enabled our negotiators back. tion to any such requirements for in- to walk into talks and point to the One senses confusion and a lack of di- dustrialized nations but requirements ever-present Congress, looking over rection in the administration. It seems that would be binding and mandatory their shoulders, to ensure that the in- that the administration’s right hand and lead to real reductions in the emis- terests of the U.S. would be protected does not know what the far right hand sions of greenhouse gases over time. in any agreement that eventually came is doing regarding its climate change This is clearly different than the mini- to fruition. policies. The White House does not mal, vague, and voluntary commit- The Bush administration has never know whether to believe the science or ments that we are currently pursuing. understood the value of S. Res 98. not, and they have certainly not ar- As I explained in 1997, a voluntary Rather than employing that tool to ticulated a plan of action. approach had already been tried and positively influence international ne- Finally, I am compelled to observe had already failed. The United Nations gotiations, it used the resolution as that it is the height of hypocrisy for Framework Convention on Climate cover to simply walk away from the this administration or its supporters in Change, also known as the Rio Conven- table. Having abandoned a constructive industry to claim that they are defend- tion, failed to reduce emissions largely role in the global negotiations on cli- ing the goals and provisions of S. Res.

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98. They cannot make such a claim in and sequester carbon dioxide (CO2) or estly has recognized. I thank the Sen- the debate today or in any inter- by constructing more efficient power ator. national forum. Nothing could be fur- plants in the developing world than Mr. BYRD. Mr. President, I thank ther from the truth. This administra- what those nations would otherwise the distinguished Senator. I thank our tion can no longer hide behind the build—and claim the difference as an colleagues for the work they have mantle of that resolution. earned offset or credit. done. I, again, thank Senator INHOFE. It is this administration that under- I would prefer not to be faced with a Mr. LIEBERMAN. Mr. President, I mined the tenets of that resolution. measure like this today. I note that yield 5 minutes to the Senator from They now support only vague, vol- this bill has not had committee consid- Delaware who has been an active, help- untary measures. That is true both do- eration. That said, it is very much the ful, and constructive supporter of this mestically and internationally. The case that several key chairmen with proposal, for which I thank him. evidence suggests that the President’s jurisdiction over energy or environ- The PRESIDING OFFICER. The Sen- negotiators have even formed an alli- mental policy have shown very little ator from Delaware. ance with the key emitters in the de- interest in seriously dealing with cli- Mr. CARPER. Mr. President, I thank veloping world, and together they op- mate change. We have certainly wit- Senator LIEBERMAN and Senator pose any additional discussion during nessed this in the energy bill. I want to MCCAIN and others who brought this legislation to the floor. I stand today the international negotiations of bind- further commend Senators MCCAIN and as a cosponsor of the amended version ing commitments for the developing LIEBERMAN for their diligence and hard world as called for under S. Res. 98. work to find a middle ground. They of the McCain-Lieberman Climate Stewardship Act and I will vote for it That is of course a logical result of the have come a long way on this proposal. today. I do so because I believe it is a administration’s policies, since it is If the principles of their proposal were sensible first step toward addressing impossible to apply binding commit- combined with those of other Members the real problem of increasing levels of ments to China if we refuse to apply like mine, then the Senate could have greenhouse gas emissions and global such standards to ourselves. We now a strong package to offer the American warming about which Senator BYRD have little hope of seeing an effort people. While I will not be able to vote and others have spoken. made to produce a treaty that will for the amendment today, I want to Senator BYRD, Senator MCCAIN, and comply with S. Res. 98—at least not make it very clear that I will work others have spoken about the con- during the tenure of this President. with the sponsors of this bill and other vincing science which shows that not If there is no prospect for a binding Republican and Democratic Senators only greenhouse gas emissions are in- international treaty, then how can we who want to go beyond this adminis- creasing but also that those emissions deal with the enormous challenge tration’s empty-headed approach. are linked to human activity and are posed by global warming? The critics of In closing, I want to express my own having a negative impact on the cli- the amendment before us argue that we growing frustration for our seeming inmate in which we live. should stay the course and support the ability to deal with the problem at Ten years ago I would not have stood President’s policies. If I may ask—what hand. I have been troubled by this for a here. Ten years ago I would not have are those policies? What concrete pro- long time. I do not believe I need any been arguing that we should take man- grams have been put in place? In point more scientific evidence to show that datory steps toward addressing green- of fact, the administration has asked we have seen these changes. I have seen house gas emissions. But over the past the industry trade associations to de- the changes in weather patterns, and decade or so as I learned more about velop their own voluntary reduction those changes that I have personally the issue and had the opportunity to programs. The proposals are vague and seen during my nearly 86 years lead me speak with people on both sides of this actually allow emissions to continue to to believe that there is something hap- debate, and as Senator MCCAIN said, to increase. Taken together, none of these pening. We need to do something about see with my own eyes the changes that programs is expected to result in any it. What we do may be painful in some are occurring in this world, I have be- serious decrease in emissions. respects, but we owe it to our children come convinced there is a real prob- These events over the last three and grandchildren to have the foresight lem. It is not going away. We can do years have led me to conclude that we to see that something is happening and something about it. We can do some- must look elsewhere for effective ac- to understand that we ought to do thing about it now. We should. tion on global warming. The Senate something about it soon. If not, we Senator LIEBERMAN and Senator should not be put in the position in may be going beyond retrieval. MCCAIN should be commended for their which it now stands. It should not be So, I would say again that the two work on this bill and for their willing- faced, as we are now, with the prospect Senators are to be very much com- ness to make a significant modifica- of considering an energy bill devoid of plimented. I will vote with Mr. INHOFE, tion to their original proposal. I don’t provisions to address climate change. for the reasons I have stated. I yield know that I would have been so sup- The Senate should be considering our back the balance of my time. portive of the original bill because of nation’s energy security from a broad The PRESIDING OFFICER. The Sen- reductions that were required in that view that includes a global response to ator from Connecticut. bill. Having said that, the modified climate change and the international Mr. LIEBERMAN. Mr. President, I version before the Senate today which politics of energy. thank Senator BYRD for his statement. seeks to turn over the balance of this Proponents of the amendment now Obviously, I regret that he is not going decade greenhouse emissions to levels before us argue that it sends the clear to support the McCain-Lieberman proof the year 2000 has my strong support. message to the White House: If Presi- posal today. But I appreciate very The fact is, if the Federal Govern- dent Bush rejects the advice of this much this fact: He recognizes that ment does not act in a meaningful way, body, then he is refusing to negotiate there is a problem here. I don’t know and do so soon, the problem will get in good faith toward a binding inter- how some of our distinguished col- worse and the solution, when it comes, national treaty and is only offering leagues can say there is not a problem. will be even more difficult and more hollow domestic programs. The Senate The science is there. The facts are disruptive of our economy and our way has little choice but to consider further there. We see it with our own eyes. We of living. steps, including modest mandatory ap- can disagree on what to do about the Addressing greenhouse gasses is a proaches, that would apply to our do- problem. proper role for the Federal Govern- mestic economy. But Senator BYRD, with his char- ment. In yesterday’s New York Times, The amended version of S. 139 freezes acteristic directness and honesty and a reporter, Jennifer Lee, wrote about emissions at their current levels rather sense of history, has recognized that the increasing number of States fed up than seeking a sharp reduction as has there is a problem. I look forward to with a lack of certainty from the Fed- been the case in other approaches. The working with him in the months ahead eral Government with regard to cli- McCain-Lieberman bill also allows to see that we can fashion together a mate change policy. Half the States, companies to offset their emissions, for common ground response that will deal according to the article, have taken example by planting trees that absorb with the problem that he quite hon- steps to address global warming.

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I also believe that Now I know some Members of this best for both the industries that will the U.S. has a responsibility to provide body and of some organizations and in- have to comply with these laws and the international and domestic leadership dustries have expressed concerns that ecological benefits we expect from the on this issue, and to begin to take ac- taking action will harm the U.S. econ- passage that we adopt a uniform Fed- tion. This body, the U.S. Senate, has omy, and will impact energy supplies. eral standard. The Climate Steward- now passed three separate Sense of While their concerns are legitimate, ship Act does just that. Congress Resolutions, this year and they are misplaced, because scientists, My own State of Delaware is proud to last year, urging U.S. leadership and economists and analysts in this admin- be the home of the DuPont Company, a reengagement in the international istration and in the private sector global company with products touching process to address global warming, and agree that this bill that we are debat- each of us every day. DuPont is a meaningful U.S. domestic action to ing will not be onerous for the overall major producer of greenhouse gasses. begin to reduce our emissions of green- economy or for the various industries One might think they would be opposed house gases that cause climate change. it impacts. The Energy Information to this legislation, but as it turns out Two of these resolutions were included Agency in the Department of Energy they are not. They view this bill as a in the comprehensive energy bills and the Massachusetts Institute of significant and serious contribution to passed by this body this year and last. Technology, in separate assessments of the congressional debate on how to ad- Despite these resolutions, the United the bill, indicate it will have minimal dress climate change. States remains inactive on these impacts on fuel prices and will even They think it is particularly note- issues. We are not displaying enough lower fuel prices in the case of natural worthy for three reasons, and I will leadership on combating global warm- gas, for instance, by generating effi- mention those: No. 1, the measure in- ing, either domestically or abroad. And ciencies and providing market signals cludes market-based systems to we are beginning to see some early to drive efficiency. Furthermore, the achieve reductions efficiency; No. 2, it warning signals about the con- bill has specific provisions to encour- covers more than one sector of the sequences if we persist in our inaction. age clean, renewable fuel production economy; No. 3, it provides credit in- The World Meteorological Organiza- from the agricultural sector and other centives for early action and includes tion, WMO, in July of this year issued sectors, which would not only reduce flexibility mechanisms to allow compa- an unprecedented alert, saying: our reliance on imports of oil, but nies to seek lower cost solutions that ‘‘Record extremes in weather and cli- would also benefit the agricultural achieve the desired results. mate events continue to occur around economy and the environment by re- DuPont is just one example of a com- the world. Recent scientific assess- ducing greenhouse gas emissions. I sup- pany that has stepped forward and ments indicate that, as the global tem- port those provisions. taken steps to reduce greenhouse gas peratures continue to warm due to cli- Some critics have said that this bill emissions not because they have to but mate change, the number and intensity would prevent the burning of coal, and because they believe it is the right of extreme events might increase.’’ would force coal-burning utilities to thing to do. They go on to say that: ‘‘New record switch to using only natural gas. That DuPont kept its energy use flat be- extreme events occur every year some- is simply not true. Under this bill, coal tween 1990 and 2000, while at the same where in the globe, but in recent years use will actually increase, and finan- time increasing production by 35 per- the number of such extremes has been cial incentives for clean coal tech- cent. That means they found ways to increasing.’’ And, ‘‘(w)hile the trend to- nologies are also provided. become more efficient and thereby wards warmer globally averaged sur- According to the MIT analysis of the avoid increasing greenhouse gas emis- face temperatures has been uneven bill, coal use will continue to expand 12 sions. If a company such as DuPont can over the course of the last century, the percent over current usage levels, out find a way to meet the requirements of trend for the period since 1976 is rough- to 2025, which is the time frame that this bill, I suspect that just about any ly three times that for the past 100 MIT looked at. Additionally, coal company can do the same. years as a whole.’’ prices per metric ton are expected to In closing, today’s vote is one of the In the United States, the WMO cited drop 4 percent by 2015, and 5 percent by more important votes we will take dur- record-breaking statistics in a particu- 2020. ing our time in the Senate, certainly larly dangerous category of extreme A portion of the proceeds from the one of the more important votes of this weather events: nationwide, 562 torna- auctioning or sale of allowances in the year. In my mind, the issue it address- does occurred in May, 2003, resulting in bill will go to technology deployment es is as important as the vote to au- 41 deaths—a record for the number of programs. Specifically, integrated coal thorize the President to use force in tornadoes in any month, far surpassing gasification systems will receive sig- Iraq or whether we will make major the June, 1992 U.S. record of 399 torna- nificant financial incentives. Such changes in Medicare prescription does. clean coal technologies are not only drugs. In Iowa, as in much of the midwest, beneficial to the environment, but will What we decide today will have a sig- we have been experiencing a drought— ensure continued usage of this valuable nificant impact for our future. While a drought that is hurting my states’ fuel source well into the future, in an we will not see noticeable, positive or farmers, and farmers across the mid- environmentally benign manner. negative effects before next year’s west and west. These dramatic weather The agricultural sector and rural Presidential election, or before next events that we are experiencing—the areas will continue to bear the brunt of year’s Senate elections, within our life- tornadoes, the drought, the warming— severe weather events that can dev- time, as sure as we are gathered here these are exactly what scientists have astate farmers and rural economies as today, it will be clear that we have been predicting would occur with un- long as our inaction continues. How- made the right choice or, I might add, mitigated global warming. These ever, U.S. agriculture can also make if we have made the wrong one. events should not come as a surprise to important, cost-effective contributions I urge my colleagues to join me in any of us, they have been predicted for to offset a portion of U.S. emissions of what I believe is the right choice and some years now. greenhouse gasses in the near- and me- that is a ‘‘yes’’ vote for the Climate The bill we are debating, the Climate dium-term. With the proper incentives, Stewardship Act. Stewardship Act, will take the first, agriculture can provide a low-cost Mr. HARKIN. Mr. President, I would modest steps to put into place a U.S. bridge to a less fossil-fuel and green- like to take a few moments to discuss system to begin to reduce our greenhouse gas intensive future, while im- S. 139, the Climate Stewardship Act house gas emissions, to begin to take proving the sustainability and perhaps and lay out the reasons I am sup- action. It will respond to the science, the profitability of this vital economic porting this bill. and it will do it in a manner that this sector. The Climate Stewardship Act,

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They have ing clean, renewable energy sources, revenue in Vermont and there could be also installed dozens of energy-efficient such as wind power. a dramatic loss of maple production in snowmaking tower guns, which reduce Agriculture can play an important Vermont and the rest of the Northeast the energy needed to pump water and role in mitigating global warming, and if fuel emissions continue to go un- compressed air. I commend the efforts can provide valuable benefits to soci- checked. of these ski lodges and I believe that ety. Carbon is a commodity already There are about 2,000 maple farms in we should act today and do our part to being traded and sold in this country my home State, and most of them are reduce global warming. and others, and farmers can not only family-owned businesses. Many if not I have two grandchildren a 5-year-old ‘‘farm’’ for carbon, they can reap the all of these farms could suffer from a grandson and a granddaughter who is rewards under this bill, and help keep decrease in maple sugar income, and not quite a year old. I want them to be costs of action down. eventually they could lose their farms able to enjoy Vermont as I have: snow- To make sure farmers can take ad- altogether. I have heard from many covered Green Mountains in the win- vantage of this opportunity, I have ne- maple producers from my State who ter, beautiful foliage in the fall, and gotiated with Senators MCCAIN and say they are tapping trees earlier every Vermont maple syrup on pancakes as LIEBERMAN to guarantee that a specific year. It used to be that Vermonters often as they please. It is time the U.S. portion of the credits that can be sold were tapping their trees around Town took action to curb our greenhouse gas into this cap-and-trade system in the Meeting Day, the first Tuesday in emissions. We can no longer look the bill will be set aside for soil carbon se- March. Now, some are forced to tap a other way as the rest of the world questration. Soil carbon sequestration month earlier, during the first week in moves ahead while the current admin- reduces U.S. net emissions of green- February. According to a report done istration ignores global warming. house gasses but also improves air and by U.S. Office of Science and Tech- Mr. JEFFORDS. Mr. President, I water quality by reducing run-off, and nology Policy, sugar maple could even- stand to applaud the efforts of Sen- improves soil moisture retention. Soil tually recede from all U.S. regions but ators LIEBERMAN and MCCAIN for push- carbon sequestration occurs through the northern tip of Maine by 2100. This ing forward with a sensible and modest improved management practices such is unacceptable, but it is also prevent- plan to address the threat of global as no-till or reduced-till farming, the able, and that is why the Senate should warming. use of shelterbelts, grass waterways, I would prefer that we were debating pass the Climate Stewardship Act of wetland restoration, and improved irri- a bill reported by the Environment and 2003. gation systems, to name but a few. But One maple syrup producer from Public Works Committee, but the most importantly for the farm sector, Vermont has become so concerned chairman of the committee has made it soil carbon enhances agricultural sus- about the negative effects of global clear that he will never act on such tainability and profitability. We know warming that he has joined a lawsuit legislation. That is unfortunate, since this because agricultural and soil sci- against the Export Import Bank and the evidence presented to our com- entists have studied this issue for the Overseas Private Investment Cor- mittee of jurisdiction is more than suf- years—not because of global warming, ficient to justify taking prudent ac- poration. The plaintiffs in this case but because of the associated environ- tions now to reduce greenhouse gas claim that these companies have ille- mental improvements and the im- emissions. gally provided more than $32 billion for proved crop productivity associated There are those who say that climate overseas oil fields, pipelines, and coal- with greater soil carbon. These are change is a hoax, a concoction of rad- fired power plants over the past 10 complementary objectives with nice ical environmentalists and a liberal years without assessing their impact overlap. As a key benefit soil carbon media. That is simply hogwash or on global warming as required by law. sequestration has the potential to off- maybe the whitehouse effect. Global The plaintiffs are not seeking financial set fully 10 percent of U.S. annual car- warming has been documented by hun- compensation, only compliance with bon emissions. dreds and hundreds of credible sci- To help ensure that farmers and oth- the National Environment Policy Act, entific studies, including many world ers in the agricultural sector thor- which requires all Federal agencies to class institutions such as the National oughly understand the issue of climate assess their programs’ contributions to Academy of Science, the American change, and that they can benefit from global warming. Geophysical Union, and the Inter- an emerging carbon market, we have Vermont also relies on revenue from national Panel on Climate Change. To negotiated additional language to in- the ski industry. Vermonters and oth- ignore and dismiss the threat of cli- stitute an education and outreach ini- ers from all over the country enjoy the mate change to the economy and the tiative within USDA. The program ski resorts in Vermont. There is a environment is like insisting the earth would provide detailed information as strong relationship between winter ski- is flat. It flies in the face of reality. well as technical assistance to these in- ing conditions, the number of cus- The Climate Stewardship Act uses dividuals and groups, as well as allow tomers, and whether a ski resort has a the same type of efficient cap-and- for the creation or utilization of exist- successful or unsuccessful ski season. trade system that Congress established ing centers on climate change. Vermont resort operators have already in the 1990 Clean Air Act amendments This is a win-win policy for agri- had to make improvements to to reduce sulfur dioxide emissions and culture, for our citizens, and of course snowmaking technology to ensure acid rain. for our environment. That is why I sup- there is enough snow for the entire ski My bill, S.366, the Clean Power Act, port this bill. season. This can cost resorts hundreds uses that system to reduce carbon di- Mr. LEAHY. I rise today in support of thousands of dollars. Warmer weath- oxide pollution from power plants to of S. 139, the Climate Stewardship Act. er also means the resorts open later. In 1990 levels. That carbon cap and the I am pleased that the Senate is finally 2001, Killington Ski Resort, the largest cap in the bill before the Senate would going to have an open and honest dis- ski resort in Vermont recorded its lat- stimulate the development of domestic cussion about climate change, green- est opening date in more than 15 years. technologies, like gasification and re- house emissions, global warming and Many ski resorts across the country newables. That would allow our Nation their effects on the Nation and the are doing their part to slow global to continue burning coal, but more effi- world. It is clear that it is time for the warming. Four ski resorts in Vermont: ciently, cleanly and safely and with Senate to act and pass this important Haystack Ski Area, Killington and fewer carbon emissions. legislation. Pico Resorts, Mad River Glen, and Without some kind of carbon cap to Climate change and global warming Mount Snow Resort have all adopted a drive technology, utilities and inves- could cause grave problems to our Na- policy on climate change to address the tors will continue turning away from

VerDate Mar 15 2010 22:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\2003SENATE\S30OC3.REC S30OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 30, 2003 CONGRESSIONAL RECORD — SENATE S13589 coal and toward natural gas. Without Senate, I have supported this agree- the air know no political boundaries, clear action by Congress on this mat- ment. In order to meet this commit- and the effects are global, as well as ter, utilities and investors fear the un- ment, our Government has engaged in local, in scope. certain timing of the inevitable carbon a wide range of voluntary programs. Unfortunately, this administration controls that are coming. But, despite these efforts, U.S. green- has chosen to step away from our cur- I will not go into great detail about house gas emissions have increased by rent commitments on climate change the need to act now. Our committee’s 14 percent between 1990 and 2000. We and has not recognized state efforts on hearing record is replete with peer-re- should take additional nationwide climate change. I too shared concerns viewed scientific evidence that dem- steps to meet this goal, and I believe about the Kyoto protocol, and joined onstrates that need and refutes the this legislation is an appropriate first with the Senate in support of a 98 to 0 Senator from Oklahoma’s statements. step. vote on the Byrd resolution. That reso- But, I would like to note that the av- In this legislation, my colleague lution called upon the State Depart- erage global temperature in September from Connecticut, Senator LIEBERMAN, ment to seek meaningful commitments 2003 was the hottest on record, and 1998 and my colleague from Arizona, Sen- during the Kyoto negotiation process and 2002 were the first and second hot- ator MCCAIN, would implement Phase I to reduce climate change from devel- test years on record. That should con- only of their broader bill on greenhouse oping countries such as China and cern us all. gases, S. 139, the Climate Stewardship India that have the potential to de- It is urgent that we take action soon. Act of 2003. This legislation will return velop using significant amounts of fos- The Senate’s decision today will affect the Nation’s emissions to 2000 levels by sil fuels. I supported that resolution the atmosphere and climate for the 2010. It will do so by reducing emissions because I wanted any additional U.S. next 100 years if not longer. Experts in the short term while providing mar- commitments to be to an agreement have advised us that we and the world ket-based flexibility to minimize the that addressed all current and future must radically change the use of fossil cost to industry. sources of climate change worldwide. fuels in the next 10 to 15 years or the I continue to believe that we must That vote was not a repudiation of my consequences could be quite severe. take action on the national level now belief that the U.S. must meet its cur- The need for the Senate to move this to slow the progression of climatic rent commitments. bill is tremendous. The United States change. The costs of inaction are pro- Meeting our international commit- emits approximately 25 percent of the hibitive across the country and in my ment is important, especially at a time world’s carbon pollution. We are re- home State of Wisconsin. Wisconsin’s of strong anti-American sentiment sponsible for approximately 40 percent top officials acknowledged that cli- abroad and challenges to U.S. leader- of the carbon concentrations now in mate change was a concern years ago. ship. Some of that sentiment and some the atmosphere. We have a moral obli- Nat Robinson, administrator of the of those challenges are a direct re- gation and an economic opportunity in State government’s Energy Division in sponse to the Bush administration’s leading the development of tech- the administration of Governor misguided policies. Even our staunch- nologies and systems that will reduce Thompson, stated back in September of est friends are troubled by the adminis- greenhouse gas emissions. 1997, ‘‘There was a time when the pos- tration’s inclination for unilateral ac- This legislation gives businesses and sible human influence on the atmos- tion, its inconsistent words and deeds, Government a great opportunity to phere was hotly debated by scientists and its dismissive response to their le- promote solar, wind, fuel cells and and lay persons alike. That time is gitimate concerns. other sustainable energy sources as past.’’ In response, my home State has Being part of the international com- ‘‘the next high tech revolution’’ to become one of the first with a state- munity means engaging constructively meet our growing energy needs. It can wide plan to address global warming. with like-minded nations to build also stimulate rural communities by Numerous signs suggest that the cli- strong, sustaining institutions and alli- making carbon sequestration economi- mate in Wisconsin may already be ances—and bringing emerging powers cally attractive. changing, and that the actions that the into this community so future conflict Twice now, in the energy bills, the State of Wisconsin has taken are justi- becomes less likely. The Bush Adminis- Senate has passed resolutions asking fied. UW-Madison scientist John Mag- tration has demonstrated an unhealthy the President to enter into negotia- nuson led a dozen other scientists in disregard for the opinions of fellow nations with all nations to obtain a bind- examining actual climate data re- tions—a disregard that has squandered ing treaty to reduce greenhouse gas corded by a wide variety of sources some of the support we received after emissions. We have been ignored. The around the world over the past 550 the September 11, 2001, attacks and di- administration has taken no action to years. These data documented a steady minished our influence around the accomplish such a treaty or adopted 150-year warming trend in global tem- world. any policy that will result in real and peratures. For example, the ‘‘ice sea- The administration’s approach to tangible reductions. son’’ of Dane County’s Lake Mendota global warming is one such area. Senators should not take this vote has decreased 22 percent since the mid- Though the United States produces lightly. This is the first time that the 1800s. Similarly, the Aldo Leopold about a quarter of the world’s green- Senate will vote to control emissions Foundation in Baraboo concluded that house gases and will be affected badly that cause global warming. Senators spring is arriving a week earlier than it by climate change, the Bush Adminis- can lead now and contribute to sustain- did 62 years ago based on when various tration has shown no interest in doing able development and job creation or plants are flowering. anything about the problem. That un- they can hide their heads in the sand The Union of Concerned Scientists dermines our stature and credibility and be blamed further for the climate released a series of studies in April 2003 and it causes an unnecessary rift with change that is already occurring and on climate change in the Great Lakes our allies. Constituents have ap- for the chaos that warming is likely to Region. That report states that by 2030 proached me again and again at the bring. Wisconsin summers will feel like town hall meetings I hold all over Wis- I urge Senators to support the Lie- southern Illinois’, and by the end of the consin every year to share their con- berman-McCain bill. century, Wisconsin’s summer climate cerns when the U.S. pulled out of the Mr. FEINGOLD. Mr. President, I will will resemble that of current-day Ar- Kyoto negotiations, and I believe that be supporting the McCain-Lieberman kansas, with our winters like current they make a very strong point. climate change legislation, and I want day Iowa. This will cause a huge The most powerful Nation in the to detail the reasons for my support. change in our life in Wisconsin, in our world must speak with a clear and con- At the 1992 Earth Summit in Rio de Ja- climate and ecosystems, in our ability sistent voice and lead all nations to neiro, the United States agreed to a to grow crops, in our need for addi- face major global challenges together. goal of reducing emissions to 1990 lev- tional summertime cooling for our The U.S. Government has paid dearly els by the year 2000, and we became a residents. These are huge and costly for pulling out of the Kyoto protocol party to the Framework Convention on challenges, and Wisconsin can’t solve and rejecting the Comprehensive Nu- Climate Change. As a Member of the them alone. The pollutants emitted to clear Test Ban Treaty. Although each

VerDate Mar 15 2010 22:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\2003SENATE\S30OC3.REC S30OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13590 CONGRESSIONAL RECORD — SENATE October 30, 2003 of these agreements was imperfect, timetable and should consider giving ability of water resources for irrigations, each became more so when the United industry more flexibility in earning hydro power, communities, industry, and the States moved to the sidelines. Helping credits. But while these issues need to sustainability of natural habitats and spe- to shape credible international institu- be addressed, every journey starts with cies. Reduced snow-pack is very likely to alter tions is not a sign of weakness; it is a a single step, and this vote is that first the timing and amount of water supplies, po- sign of confidence in U.S. strength and step. We have begun seriously to strug- tentially exacerbating water shortages, par- ideals. By disengaging, this adminis- gle with climate change. And ulti- ticularly through the western United States. tration has marginalized U.S. policies, mately, inevitably, we need to make The projected increase in the current rate interests, and values. some tough decisions about climate of sea level rise is very likely to exacerbate For these reasons, I support the change. We must reduce greenhouse the nationwide loss of existing coastal wet- McCain-Lieberman legislation. The gasses to protect our environment and lands. U.S. should proceed to implement the our way of life for generations to come. Habitats of alpine and sub-alpine spruce-fir Framework Convention on Climate in the contiguous United States are likely to A yes vote today sets us on the path to be reduced and, possibly in the long-term, Change, and we need legislation to do confront this issue head on. eliminated as their mountain habitats warm. just that. Ms. CANTWELL. Mr. President, I Rising temperatures are likely to force out Mr. KOHL. Mr. President, today the rise today in strong support of the Cli- some cold-water fish species (such as salmon Senate took an important step toward mate Stewardship Act. I hope the Sen- and trout) that are already near the thresh- expanding the debate on global warm- ate will seize the historic opportunity old of their viable habitat . . . . ing. Greenhouse gasses and global before it today and vote to begin seri- These conditions would also increase warming are a real threat to our envi- ously dealing with this worldwide stresses on sea grasses, fish, shellfish, and ronment and our way of life. The Na- other organisms living in lakes, streams, and threat. oceans. tional Academy of Sciences has Unfortunately, I am afraid Congress verified the scientific evidence backing is not very good at passing laws that The non-profit group Environmental global warming. And the private sector will only benefit future generations, es- Defense compiled research that shows is facing the real world impact of glob- pecially when there might be a cost— that the winter snow pack in the Cas- al warming as they contemplate the inno matter how small—for our constitu- cades could decline by 50 percent with- surance costs of rising sea levels and ents today. But I hope that this vote in 50 years. A reduction even a fraction more destructive storms. A decade ago, will be different and that my col- of that size would have a devastating debate ranged within and without the leagues will join me in passing this impact on runoff that is vital for hy- ivory towers of academia over the hazy sensible legislation to prevent a costly, dropower, agriculture, salmon habitat, science backing claims of global warm- and potentially catastrophic, rise in and drinking water supplies. And I am ing. Today, the fog has lifted and we global temperatures. sure many of my Western colleagues would be similarly alarmed by poten- can see the impact that burning fossil As Senators JOHN MCCAIN, JOE LIE- tial reductions in their scarce water re- fuels has had on the climate. BERMAN, and others have already ar- The changes to our environment are ticulated, the scientific conclusion sources. real. Our job now is to decide what to that greenhouse gas emissions are con- Just the damages from decreased do about it. The approach set out by tributing to an accelerated rate of cli- runoff would cost my State billions of this version of the McCain-Lieberman mate warming is beyond debate. Thou- dollars annually, dwarfing even the bill is a reasonable first step. It is not sands of climate scientists convened most pessimistic costs that some oppo- perfect, and if we would have been able under the United Nations and our own nents contend may result from this to take up and debate amendments National Academy of Sciences have bill. But besides the costs this legisla- there are several, significant changes I stated definitively that human activi- tion can help avoid, I think it is crit- would have supported. ties—primarily the burning of fossil ical that we consider the tremendous My biggest concern is that this bill fuels—have contributed and will con- benefits this bill would initiate. would have us move toward reducing tinue to contribute to rising atmos- Today, we know that the tired emissions without requiring the rest of pheric temperatures. I am not an at- mantra that ‘‘protecting the environ- the world to join us. While we have a mospheric scientist, and I don’t believe ment costs jobs’’ is no longer true. In responsibility to reduce our own emis- any of my colleagues are, so I hope ev- fact, the market-based mechanisms sions, we need to work with the inter- eryone here will defer to their exper- used in this bill would unleash unprece- national community. China, for exam- tise on this matter. dented productivity and efficiency ple, is approaching the United States Climate change is an existing and gains in our energy sector, as well as as a producer of green house gasses and scientifically supported phenomenon catalyze countless new environmental must be a part of any practical effort which human beings have a responsi- technology industries. That translates to reverse global warming. If our uni- bility to mitigate. And since the U.S. into many new high paying engineering lateral efforts convince China they has the highest per capita greenhouse and manufacturing jobs and tremen- have no need to act, than our approach gas emissions in the world and one of dous new export opportunities. could do more harm than good. I vote the highest emissions rates per dollar A recent report by the U.S. Depart- for this bill today as a message to the of gross domestic product, we have a ment of Energy, which included con- administration that it is time to redou- particular duty to lead the world on tributions from Washington State’s Pa- ble efforts to spark a world effort to this critical issue. cific Northwest National Laboratory, address global warning. I do not vote to Even the Bush administration, whose forecast significant job growth for jobs commit the United States as the sole sincerity in dealing with this issue is in a range of emerging ‘‘green’’ indus- participant in that effort. suspect, acknowledges the reality that tries, such as wind power, biomass en- I strongly support including environ- human activities cause climate change. ergy production, and other energy effi- mental standards as part of our trade Last year, in its United States Climate ciency specialties. agreements. Clean air and water issues Report for 2002, the administration I am proud that my State hosts one should be discussed with our inter- outlined a vast array of consequences of the largest wind farms in the United national trade partners during trade climate change would inflict across our States. I visited our Stateline project negotiations. Letting our competitors country. I would like to highlight some and saw first hand one of the many so- avoid environmental issues that im- of the ‘‘likely’’ effects mentioned in lutions that the market will find to pact everyone around the world is that report that would have a particu- meet the goals of this legislation. shortsighted. It hurts our environment larly harsh impact on my home State These conclusions were confirmed by and our business community. of Washington. a 2001 study carried out in collabora- The bill before us has other problems tion with public and private partners The resulting changes in the amount and that could be addressed with a longer timing of runoff are very likely to have sig- in the Pacific Northwest that found debate time and the opportunity to nificant implications in some basins for that the global market for clean en- offer amendments. The Senate should water management, flood protection, power ergy technologies is expected to reach carefully scrutinize the legislation’s production, water quality, and the avail- $180 billion a year—about twice the size

VerDate Mar 15 2010 22:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\2003SENATE\S30OC3.REC S30OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 30, 2003 CONGRESSIONAL RECORD — SENATE S13591 of the passenger and cargo aircraft in- The risks of ignoring this problem creases natural gas prices by 79 per- dustries—within the next two decades. heavily outweigh the benefits of pre- cent. Already, in Washington, Oregon, and serving the status quo. Allowing rapid By forcing reliance on natural gas British Columbia this sector is a $1.4 changes in the temperature of the and a reduction in coal production, this billion per year industry. earth’s surface and shifts in worldwide bill results in a loss of 460,000 jobs Despite the potential of these new weather patterns that result from glob- through 2025 and electricity bills will markets, some of my colleagues have al warming would be devastating to the increase 46 percent. argued that the costs of addressing this economies of my state, this nation, and We already have a natural gas short- problem are too high, because they be- the world. Let’s make sure this prob- age. And for a decade coal was on the lieve this bill might raise energy costs. lem gets the serious action it deserves. downturn because of governmental While that is highly disputable, I am I urge my colleagues to support this policies. curious if opponents of this measure critical bill. These policies have caused our de- also support lifting controls on other Mr. BUNNING. Mr. President, I rise mand for natural gas to exceed the sup- pollutants? I’m sure we could make in opposition to this legislation, S. 139. ply. coal-generated electricity even cheaper We have disputes over the scientific High gas prices cause Americans to if we did not require pollution scrub- evidence on global climate change. And experience difficulties. With the winter bers. We could allow millions of tons of we can debate that science all day and coming, prices are expected to go up sulfur dioxide, mercury, and other tox- never agree. and put a noose on the American pock- ins to flood our nation’s air in the I believe the science we have seen etbook. name of cheap energy. But of course we does not support the need to engage in We must focus on increasing produc- wouldn’t do that because we know that questionable policies to control so- tion and using a variety of energy true costs of such a policy—whether it called ‘‘global warming’’. sources. Failing to do this puts our en- be the health of our children, the ef- We need more evidence that the cli- ergy independence and national secu- fects of acid rain, or even the visibility mate is actually affected by emissions, rity at stake. at our national parks—would far out- especially carbon emissions, before we We are turning the corner on the weigh any short-term financial gains act too quickly. economy and job growth. The last we may achieve by removing emission Let’s make sure we really look before quarter grew by 7.2 percent. We do not controls. we leap. need to be losing jobs or causing more The same principle is true of climate Instead of arguing over scientific companies to shut down business be- change. We may save some money now data, we should examine the impact S. cause of increased energy prices caused by ignoring this problem, but entire in- 139 could have on American jobs and by the government. dustries like timber and fishing—key the economy. The climate issue is being addressed sectors of my State’s economy—would This bill limits emissions of green- in other ways that are more conducive be dramatically impacted by climate house gases to 2000 levels by 2010. This to job creation and economic growth. change. There is no way to deny that includes regulation of carbon dioxide We are becoming more energy effi- greenhouse gases, including carbon di- emissions. cient. Energy efficiency has improved oxide, are pollutants and need to be I am proud to be from a coal state. 20 percent since 1990. This means that monitored and controlled as such. As I have listened to this historic de- Generations of Kentuckians from Pike emissions have declined. bate, I have been frustrated by the County to Crittenden County have In fact, we are expected to reduce dueling charts and reports which have worked in the coal fields and mines. emissions by 14 percent by 2012 without been used to support one position or Coal plays an important role in our any new emission regulations. another. While I, along with many of economy. More than half of our na- Our automobiles are more efficient our Nation’s Governors and world lead- tion’s electricity is generated from and running at a higher fuel efficiency ers, believe that the scientific evidence low-cost domestic coal. than they did just a few a years go. is indisputable, there may be another We have over 275 billion tons of re- However, S. 139 ignores the strides we important way to view this issue: as an coverable coal reserves. This is about have made and could bring us back to insurance policy. 30 percent of the world’s coal supply. 1970s gas rationing. I am confident that even the most That’s enough to supply us with en- As a consequence of this rationing, vocal opponents of this bill would be ergy for more than 250 years. the cost of gasoline is expected to in- reluctant to say that there is abso- But this bill places caps on carbon. crease 27 percent. lutely no chance that the vast major- This has a negative affect on energy This increases fuel costs, and further ity of climate scientists are right production because it affects the slows our recovery, and takes money about this issue and that greenhouse amount of coal we can use. out of the pockets of Americans. gas emissions are causing global warm- This will mean loss of jobs, particu- I don’t see why we should vote to in- ing. Perhaps the climate skeptics larly for workers in Kentucky and crease energy costs and unemploy- would change their position if they re- other coal states. ment. Voting for this bill does that. alized that this legislation is really an It also increases energy prices. Just It may make us feel better to support insurance policy for our children, one as our economy is starting to turn this bill because of its environmental that guarantees they will be able to around. We just don’t need this. symbolism. enjoy the same natural world that ben- I hope the energy bill encourages re- But I will choose substance over sym- efits us today. newable fuels as well as clean coal so bolism any day. I believe that is how the American that we are not relying so much on for- American jobs are of substance. Get- people instinctively understand this eign oil. ting a green star by your name on an issue. This is borne out by a recent na- S. 139 goes in the other direction of environmental group’s web site is sym- tionwide survey that showed that the energy bill. It drives the use of nat- bolic. three-quarters of Americans support ural gas instead of coal. And while that may make one feel the McCain-Lieberman climate change Placing caps on carbon means coal good, watching Americans lose jobs bill and two-thirds agree that we can production will be 100 million tons from this kind of legislation won’t. control greenhouse gases without lower in 2010 than what we expect to I urge my colleagues to defeat this harming our economy. produce in 2003. bill. We are a problem-solving nation. That is 25 percent below our expected Mr. CONRAD. Mr. President, I would When we are faced with a grave threat, 2003 level of coal production. like to discuss the Climate Steward- we roll up our sleeves, put our heads I have heard from coal operators in ship Act, which the Senate will vote on together, and fix our problems; we Kentucky who are on the verge of clos- later today. Although I recognize the don’t push them off on our children and ing their doors because of natural gas challenge of global climate change, I future generations. Like the threat of prices. must oppose this legislation because of terrorism, climate change is too alarm- But S. 139 causes an even worse situa- the drastic negative effect it would ing and disturbing a problem to ignore. tion. According to one analysis, it in- have on our national economy.

VerDate Mar 15 2010 22:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\2003SENATE\S30OC3.REC S30OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13592 CONGRESSIONAL RECORD — SENATE October 30, 2003 Our economy depends on affordable, is not the time to be making our eco- that are being raised about our envi- reliable, and abundant sources of en- nomic problems worse. ronment, about climate change and ergy. Whether that means natural gas, Let me be clear that I am fully aware global warming. petroleum, or coal, we have a responsi- of and fully acknowledge the reality of The proposal we are voting on today bility to ensure that our businesses, global climate change. We need only to is one that I think requires some addi- manufacturers, and households have look to the droughts in my part of the tional work and some additional access to energy sources at reasonable country over the last few years to see thought. costs. We depend on energy in almost the very real effects of global climate We now live in a global economy and everything we do in our lives, from change. Human activity since the in- these issues must be addressed glob- turning on the light in the morning, to dustrial revolution is warming the ally. driving our cars to work, to cooking planet, melting the polar ice caps, and We cannot create emissions caps and our dinner at the end of the day. We causing severe weather events across targets that we enforce unilaterally in need access to these sources of energy, the globe. These developments have a manner that encourages American and we need access in a way that very serious implications for this coun- companies to move overseas and avoid doesn’t force us to choose between pay- try, and for the world. these restrictions. If we do that, we ing our power bill, buying gas at the I do not dispute this ecological situa- will end up doing little or nothing to pump, or buying essentials like gro- tion and I do not dispute the need to do protect our environment while harm- ceries and medicine. During my time in something about it. Let me also state ing our economy. the Senate, I have remained committed that I very much appreciate the efforts In this global economy, where com- to keeping energy costs affordable for of Senator LIEBERMAN and Senator panies can move from one country to another with ease, it seems to me the all North Dakotans and all Americans. MCCAIN to try to address this issue. The bill before us would threaten the They have done so in a way that genu- only way to achieve the goals of reduc- affordability of these sources of energy. inely attempts to address a variety of ing emissions of greenhouse gases is to It will require companies that produce constituent issues. However, I still do engage with all other countries in a and use natural gas, petroleum, and not think the legislation we are consid- global strategy for these reductions. coal to acquire credits for each ton of ering today is the right approach at Otherwise, these global companies will greenhouse gas emissions for which the right time. simply move their plants and their jobs We need to continue working for a they are responsible. These credits will to areas where they are not impeded by solution that carefully balances this emission caps and other restrictions. have a value of anywhere from $8 to $13 need for action with the concerns When a global agreement is nego- for each ton of emissions. Our emis- about the impact on our economy and tiated, it cannot be an agreement that sions levels are in the many millions of our competitiveness, and I hope to be a allows some countries to avoid emis- tons per year. This means dramatic part of finding innovative and creative sion caps while others embrace them. cost increases ranging in the many solutions to global climate change. We For example, if we through an inter- millions of dollars for the energy in- need to carefully consider impacts on national agreement will embrace emis- dustry, costs that will inevitably be States with energy dependent econo- sion caps for our country but allow the passed on to the consumer. mies, such as North Dakota. We need Chinese or the Indian governments to According to a recent MIT study— to carefully consider the impact on dif- avoid them, we will simply be devel- the same study, by the way, that the ferent types of energy and make sure oping a strategy for companies to move sponsors of this bill cite in making we do not put some forms of energy at out of the United States and move their arguments—national demand for an unfair disadvantage. For example, their plants and jobs to countries coal would increase much more slowly to have my support any legislation on where they will not face such restric- under the legislation. Petroleum and this topic must address the unique cir- tions. natural gas demand will also increase cumstances of lignite coal, which is the That approach would represent the at slower rates. This is because the primary source of electricity in North worst of all worlds. There would be no costs of these fuels will dramatically Dakota. And we need to carefully environmental benefit but we in the increase under the bill. It will mean weigh the impacts that any plan will U.S. would suffer a heavy economic higher gas prices, higher electricity have on energy consumers. This will penalty from plant flight and job loss. bills, and higher home heating costs. require an enormous amount of careful I do not think the McCain-Lieberman I am particularly concerned about work, and I look forward to being part proposal is the right way to address the effects of these cost increases on of the effort to address this very real these issues, but my vote in opposition our international competitiveness. The problem. should not be seen as a denial that Kyoto Treaty has not yet taken effect, These are enormously complex issues these are serious issues that do need to and it now appears that Russia may be that will require very careful study and be addressed. backing away from ratification. In the an opportunity for extensive public re- This amendment and today’s debate absence of the Kyoto treaty, other na- view and comment. Because of the cir- and vote will be a constructive start of tions across the globe will not be sub- cumstances under which we are consid- a healthy debate about what we do to ject to strict greenhouse gas emissions ering this legislation, we have not had provide leadership on these issues. controls. Moreover, even if the Kyoto that opportunity for extensive review. While I think this proposal today falls Treaty does enter into force, there has Without that careful study and review short, I intend to be a constructive been bipartisan agreement that the to ensure that we understand in detail part of future proposals that can and Kyoto treaty contains unbalanced pro- the impacts on energy production in will offer leadership in the right direc- visions that would require dispropor- my State, on our national economy, tion. tionate carbon dioxide reductions in and on our international competitive- Mr. LEVIN. Mr. President, I cannot this country while other countries ness, I cannot vote for this legislation. support the Climate Stewardship Act would have to make much less signifi- For that reason, I must vote against of 2003 since its effect, if enacted, will cant changes. the bill today. be the loss of more manufacturing jobs If we were to adopt the bill before us Mr. DORGAN. My colleagues, Sen- to countries which have few, if any, en- at this time, we would risk putting ator MCCAIN and Senator LIEBERMAN, vironmental standards. That won’t U.S. manufacturing—which relies on have brought to the Senate floor a seri- help the environment, and it will hurt affordable energy—at a significant ous proposal dealing with an important our economy. Climate change is not competitive disadvantage with the rest issue. The issue of climate change and something we can tackle by shifting in- of the world. Already, we are losing global warming demands our attention. dustries and their emissions to other jobs to manufacturers in Mexico and We live in this fragile spaceship called countries, or by shifting manufac- China. If our energy costs were to in- Earth, and we have but one environ- turing jobs to China or other countries crease because of this bill, our job loss ment to sustain us. We ignore the which have no limits on emissions of to foreign countries would accelerate. health of our environment at our peril. greenhouse gases. The bill before us re- With record Federal deficits and debt, So the question is not whether but flects a unilateral approach to a prob- our economy is already in trouble; now rather how we address these questions lem which can only be solved globally.

VerDate Mar 15 2010 22:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\2003SENATE\S30OC3.REC S30OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 30, 2003 CONGRESSIONAL RECORD — SENATE S13593 Let me give one example of how this country with high environmental nations where emissions would con- bill would promote job loss in the U.S. standards to one with low environ- tinue without any effective controls. with no benefit to the global environmental standards. What has changed since then? ment. In the past decade, a large num- Climate change cannot be addressed Nothing. ber of companies have moved their unilaterally. It must be addressed mul- We still need the benefits of a strong manufacturing plants overseas. Take, tilaterally. It doesn’t help the global economy. We still need to protect for example, a U.S. manufacturing environment to push down greenhouse American jobs. And we still need to company that had seven plants in the gas emissions in one country only to avoid trade deficits and ensure con- U.S. in the 1990s. Today it has only five have them pop up in others. We need a sumers are not forced to choose be- left, because two moved to countries Kyoto-type treaty which binds all tween paying their energy bills and with cheaper labor. Assume that those countries. Otherwise, there is a per- buying food. five remaining domestic plants each verse incentive to move more and more We still need to protect American emit 20,000 metric tons of carbon diox- jobs to countries with lower environ- jobs, and global climate change is still ide for a total of 100,000 metric tons. mental standards. That does nothing to a global issue. Under this legislation, reasonable esti- reduce greenhouse gas emissions and Unfortunately, this reality con- mates are that the company’s cap does damage to U.S. jobs. tradicts the language of the proposal could be placed at around 90,000 metric To achieve a global agreement will we are debating today just as surely as tons of carbon dioxide credits. The require our putting maximum pressure it contradicts the message we sent the company, already under heavy com- on all countries to join it, so that the administration with the Byrd-Hagel petition because of cheap labor costs emissions of greenhouse gases can be language. overseas, faces a choice: pay to reduce reduced, not just shifted. Shifting man- The proposal before us, which is emissions at its five plants by 10 per- ufacturing jobs and the production of clearly an energy tax, would force the cent, or move another one of its plants greenhouses gases from here to other United States to unilaterally disarm overseas, say to China. If the company countries is not a solution to climate its economy and force American jobs moves one of its five plants abroad, it change. It would just be another eco- overseas without providing any envi- has 10,000 credits remaining to play nomic blow to America at a time when ronmental benefit. An energy tax, like with which it can use to actually in- our economy is already losing jobs at the one proposed by Senators LIEBER- crease emissions at its four remaining an historic and alarming rate. MAN and MCCAIN would, in fact, be an plants, or it can sell them. So this bill We have already lost enough Amer- environmental nightmare. Any loss of adds to existing incentives, such as ican jobs to countries with cheap labor, jobs in the United States would shift lower labor costs and no safety stand- no safety standards and no environ- production to other parts of the world ards, to move manufacturing plants mental standards. To add more incen- where there are no controls over the overseas, and the result is that we lose tives for companies to move overseas manufacturing process. jobs and the environment gains noth- to countries with no limits on green- The best way to help the environ- ing. In other words, when this bill’s house gas emissions, as this bill would ment around the world is to ensure we mandates are imposed on sectors of the promote, is not sound policy. Global have a strong economy here at home. economy that can pick up and move climate change is just that: global and If we, as a Senate, really want to overseas, it adds another incentive to it needs to be dealt with globally, not stand for improving global conditions do just that. unilaterally. then we should stand behind the prin- The United States must take a lead- Mr. ENZI. Mr. President, anyone who ciples of Byrd-Hagel and insist our ership role in addressing climate has picked up a copy of this legislation global climate change policy does not change, but that leadership must move and read it has to be forgiven if he or harm America’s workers. If we want to us in the right direction. It is not she was soon reminded of the words of improve global conditions we must in- sound leadership to give additional in- Yogi Berra, ‘‘It’s deja vu all over sist that all nations responsible for centives to U.S. businesses to move again.’’ emitting greenhouse gasses participate their facilities, and the jobs that go After all, it is not as if this topic is and reduce their own emissions. with them, to other countries that unfamiliar to us. When the debate first Just in case anyone is not clear don’t have the costly environmental began on the Kyoto talks, the U.S. about what is going on and what this standards which this bill would impose Senate made a clear and direct state- legislation really does, I want to take a on U.S. businesses. It is not sound lead- ment of principle on the subject. We moment and explain how it would slow ership to simply shift industrial emis- drew a line that was not to be crossed down our economy and force jobs out of sions from American soil to countries by the president and his negotiators in the country. which have no emissions standards. their effort to reach an international To begin with, the bill establishes a And it is certainly not sound leader- climate change agreement. By a vote requirement for registering all indus- ship to act unilaterally in a way that of 95 to 0 the Senate passed Senate Res- trial emissions, and it requires the offi- puts U.S. manufacturers at a competi- olution 98, also known as the Byrd- cials in charge to make assumptions tive disadvantage when there is no Hagel resolution, that sent a clear mes- about the level of total emissions that built-in incentive for other countries sage to the world that the Senate are due to transportation. to follow. In fact, the opposite is true: would not support any climate change We can only assume that these as- the unilateral approach in this bill pro- agreement that did not include all na- sumptions are made for one of two rea- vides an economic incentive for coun- tions equally. We also said we would sons. tries who are picking up our manufac- not support an agreement that would We want to know the transportation turing jobs not to follow our lead. cause serious harm to our economy. emissions level so we can blame the Effective and sound leadership would We crafted our message to the admin- rest on industry, or, we want to know be to tell competing countries that we istration to counter the concerns that the transportation emissions level so are going to adopt high environmental had been raised that a global climate we can start to apply limits and regu- standards if they will join us, or, in the change policy could be imposed on the late family cars. I have had the oppor- alternative, leadership is getting coun- United States that would ‘‘result in se- tunity to visit California and noticed a tries to agree (1) to the adoption of rious harm to the United States econ- remarkable thing about this State that tough environmental standards, and (2) omy, including significant job loss, has done so much on its own to regu- to refuse to purchase products from trade disadvantages, and increased en- late and control private vehicles. While countries which won’t adopt those energy and consumer costs.’’ The Senate the rest of the highway was packed vironmental standards. Sound leader- was also concerned that efforts to re- with cars, the HOV lanes were wide ship, in other words, is working to cre- duce global emissions would be im- open and very poorly utilized. And yet ate an international agreement where posed only on developed nations, where this bill does nothing to account for all countries take steps to reduce glob- the best emissions controls and most private vehicles which is a major al warming, so that there is no incen- advances in emissions reductions al- source of greenhouse gas emissions. I tive to move jobs and emissions from a ready exist, and not on underdeveloped wonder, if this bill was so serious about

VerDate Mar 15 2010 22:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\2003SENATE\S30OC3.REC S30OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13594 CONGRESSIONAL RECORD — SENATE October 30, 2003 improving the environment, why would as much mercury as all the coal-fired already made the easy adjustments and it leave out such a major source of power plants in Wyoming. . . . ‘That’s reduced those emissions that are easi- emissions? not a real estimate but something est and cheapest to reduce. The rest of Don’t be fooled. If this program is based on just a few measurements,’ the world is still catching up to us on passed then that will be the next step. [one of the scientists said] ‘It could be those respects and it would be easy and Why would we put in place such an in- even bigger than that, we just don’t cheap for Europe then to reach some of effective control if we didn’t intend to know.’ ’’ its targets and reduce emissions. All take it to the next step and regulate It would be intellectually dishonest, they have to do is use some of the tech- private transportation? We don’t want for us to assume that, given all of the nology we have already invented. to, they do. uncertainty in these issues, that indus- For the United States, however, to This proposal would hold industry re- try will sit back and quietly assume make the incremental gains it needs to sponsible for all other, nonindustrial or the cost and burden of emissions reduc- make to comply with the limits that transportation emissions, emissions in- tions without either passing them on this bill would impose would require us cluding human beings, who breathe out to consumers or finding a way to ex- to either assume costs that would be CO2 on a regular basis, animals, plants, cuse itself from the limits altogether. exponentially greater than those as- volcanoes, forest fires, and private The cost of the tax will either be paid sumed by an other nation, or to push homes that burn natural gas, fuel, coal by consumers who can barely afford those gains off onto another sector, or wood. Keep in mind that one natural their own energy costs today, or we more specifically the transportation cataclysmic event, such as a volcanic will force jobs offshore and into areas sector, and require us to impose costs eruption or a catastrophic wildfire where there are no limits on energy on consumers and taxpayers that they eclipses anything, by way of emissions, consumption and pollution. clearly cannot afford. that all of mankind can produce to- There should be no doubt in anyone’s It is a matter of economies of scale gether on an annual basis. mind that this bill is all about econom- and Europe knows it. We also have a situation where our ics, particularly because that’s what The United States is much physically trees that once could have served as the entire global warming debate is larger than any other nation that we sponges to soak up greenhouse gasses, about. Kyoto was an economic con- compete against economically. Europe, are now older and absorb less CO2. In ference disguised as an environmental as a whole, is much smaller, much fact, because of the age of many of our conference. more densely populated and uses much forests they are now CO2 emitters. EU Commissioner for the Environ- more efficient transportation. In the The bill also completely neglects the ment Margot Wallstrom once said, United States, we use our trains pri- most common and prevalent green- ‘‘This is not a simple environmental marily to carry manufactured goods, as house gas of all. Of all the gasses found issue where you can say it is an issue well as clean burning, low sulfur Wyo- in our atmosphere, this particular gas where the scientists are not unani- ming coal, while Europe’s trains, on is the most insidious. It contributes to mous. This is about international rela- the other hand, are used almost exclu- more fluctuations in temperature than tions, this is about economy, about sively to carry people. It is much more any other gas. It has the greatest im- trying to create a level playing field practical for us to fly from Wash- pact on local and global climate, and it for big businesses throughout the ington, DC to Los Angeles, CA and ar- too is emitted by industry and by nu- world. You have to understand what is rive in a matter of hours instead of merous natural sources and yet it is at stake and that is why it is serious.’’ wasting days on a train. But airplanes not included anywhere in this bill. I had the opportunity to attend the burn fuel in great amounts and with What is this gas? It is water vapor, of meetings at Kyoto, and while I was much less efficiency than other forms course. Why, if we are really serious there I met with the Chinese and dis- of transportation. The logical and most about using this legislation to control cussed the role that they thought they cost efficient controls then are not to temperatures and climate, don’t we in- should play in meeting the demands of limit emissions on industry but to conclude water? Because this effort is not global climate change. They, and all vert those controls into limitations on about environmental protection. It is other developing nations have no obli- transportation. about imposing an energy tax and con- gation to participate in any climate I was at the first Kyoto conference, trolling the economy. change agreement. They don’t even and incidentally, the US was the only The next thing the bill does is impose agree to voluntary participation at a country that thought that conference a cap or limit on otherwise unregulated future unspecified date. You can’t be was an environmental conference. Ev- emissions by industry. Once again, this more open ended than that. Inciden- eryone else saw it as an economic con- cap does not take into account the tally, they intend to be a developing ference. emissions generated by other sources. nation forever, even after 2010 when You can understand why I am greatly The result is that we would force in- they will be the world’s biggest pol- disturbed when I see a cap proposal dustry to assume all responsibility and luter. like the one put forward in this bill, es- pay for all emissions, regardless of Should we just sell out to the Chi- pecially when it includes calculations where they come from. Whether the nese? on transportation emissions. There is emissions came from individuals or na- If we were to adjust global emissions no reason to pass a bill like this, to ture, we would still hold industry re- and measure them on a per gross do- create the kinds of agencies and offices sponsible. There is a new discovery mestic product basis, or in other words, that the bill creates and not expect it that was recently made in Wyoming measure the efficiencies and end prod- to lead to the next step where its con- that illustrates the lunacy of holding uct gained for each energy unit controls over industry emissions-i.e., an man responsible for something that na- sumed, the United States would come energy tax, are converted into controls ture releases on its own in an abun- out, once again, as the most efficient over transportation in other words a dance that man never has. and most productive nation on earth. transportation tax. I will read from an AP article that Europe, on the other hand, come out on Our Nation’s massive transportation ran in a Wyoming newspaper on Octo- the other end of the spectrum. needs will never go away. Nor will Eu- ber 27 of this year. ‘‘Scientists meas- Why? rope ever get bigger. As a result of size, uring mercury levels made a startling There are a number of factors that then, the energy, or rather transpor- discovery at the base of Roaring Moun- contribute to this imbalance but the tation, taxes required by this bill will tain [in Yellowstone National Park]: biggest reason has to do with the effi- put the United States at a tremendous possibly the highest levels of mercury ciency of the American worker. We economic disadvantage with regard to ever recorded at an undisturbed nat- produce more goods using less energy its competitors. ural area.’’ According to their meas- than any other nation in the history of Fortunately, we are not the only urements, the scientists found that the world. We are already milking our ones to recognize this imbalance. Rus- Yellowstone is a potentially big source industrial output to a point where any sia recently joined the United States in of our nation’s mercury. ‘‘It is conceiv- additional efficiencies will result in rejecting a proposal that would limit able . . . that Yellowstone could emit dramatic increases in costs. We have its emissions and put a similar damper

VerDate Mar 15 2010 22:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\2003SENATE\S30OC3.REC S30OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 30, 2003 CONGRESSIONAL RECORD — SENATE S13595 on its economy. In making a basic cost/ At the same time, our competitive Instead of improving our economic secu- benefit analysis, President Putin’s economy forced increased efficiency. rity through economic growth and job cre- chief economic advisor, Andrei The family car now uses half as much ation, the job losses resulting from S. 139 would place an unacceptable burden on Illarinov declared, ‘‘If we are to double fuel as it once did. Hybrid automobiles American workers and the American people. GDP within the next ten years, this achieve as much as seventy miles to Mr. President, I ask unanimous con- will require an average economic the gallon. All in all, we produce a dol- sent that the entire text of this letter growth rate of 7.2 percent. No country lar’s worth of goods and services with be printed in the RECORD immediately in the world can double its GDP with a 40 percent less energy than we did a following my remarks. lower increase in carbon dioxide omis- mere 30 years ago. The PRESIDING OFFICER. Without sions or with no increase at all.’’ This remarkable change, where the objection, it is so ordered. The great baseball philosopher, Yogi freest society on Earth became the (See exhibit 1.) Berra, was right. It is deja vu all over most capable large economy, did not Mr. ALLEN. It is not right for any again. These are issues we have consid- happen because of massive taxation in scientist or any other person to exag- ered before and we already have a clear misguided attempts to direct the lives gerate for political effect. But even as statement of policy in place in the of free people. No, it happened because much has been made of the vociferous Byrd-Hagel resolution that says, in re- people were free—free to buy the most debates before the Senate about past sponding to global climate change con- proficient technology, and, above all, climate change, little has been said cerns, we cannot agree to any proposal free to invest in corporations who un- about the remarkable scientific agree- that would result in serious harm to derstand what people want. And one of ment about the future. the United States economy. It already those desires is abundant energy, used Scientists all agree that human af- says we must work to avoid significant efficiently. As has been said, over and fect on any climate change would job loss, trade disadvantages, and in- over, the future belongs to the effi- warm the coldest air of winter much creased energy and consumer costs. It cient. more than the heat of the summer. also makes it clear that this is a global And what of the warming of the plan- When Russia’s Prime Minister Putin issue, one we can’t tackle alone. If we, et? In the blazing summer of 1988, in rejected the Kyoto Protocol last week, as a Senate, really want to stand for this Senate Chamber, NASA first he noted that, more than anything improving global conditions then we raised the spectre of global warming else, humans have made Siberia more should stand behind the principles of caused by carbon dioxide. The alarm habitable, according to Dr. Pat Mi- Byrd-Hagel and insist our global cli- was sounded, even as others argued chaels, State Climatologist at The Uni- mate change policy does not harm that the gloom-and-doom forecasts versity of Virginia. America’s workers and that all nations were overwrought and could lead to The most recent consensus of sci- responsible for emitting greenhouse disastrous policies. entists is that the rate of any warming gasses participate in emissions reduc- Fifteen years later, thanks in large over a long period of time is very tions. part to research fostered by this body’s small. And, the slight warming trend is This proposal would clearly cause se- committees on science, we know that much lower than the alarmist projec- rious harm to our Nation’s economy, the calm scientific heads were right. tions of the United Nations, or those cost us American jobs, and result in a NASA scientist James Hansen, who who may have touted ‘‘extreme sce- tax on our nation’s energy and trans- first sounded the alarm, now agrees narios,’’ or those who strive to profit portation systems. These taxes would with those who were once his critics. politically from climate change scare tactics. put our nation at a serious disadvan- Writing in the Proceedings of the Na- Then, one may ask, what is to be tage with our competitors and do noth- tional Academy of Sciences, he re- done? After all, we cannot go on adding ing to improve our environment. cently stated that we know how much carbon dioxide to the atmosphere for- Mr. ALLEN. Mr. President, fellow the planet will warm in the next 50 ever. We won’t. If history is any guide, colleagues, please do not overreact by years to a very small margin of error. our technology will continue to evolve the claim that the climate is changing. That amount is precisely the small toward increased efficiency, new mate- The climate has always changed natu- warming that the calmer heads had rials and new propulsion methods in rally. Thanks in large part to scientific forecast some 15 years earlier. the next 100 years. research carried out in the United This same scientist has recently stat- In 1800, we were a Nation and world States, we know much more about our ed that some may have exaggerated the moved by animals and wind on water. climate than we did a mere quarter- threat of global warming for political In the next 100 years, the locomotive century ago. More than anything else, science purposes. Just last month, he transformed our economy and our Na- we now know that climate never has wrote in the online journal ‘‘Natural tion. In 1900, the automobile had just been, and never will be, constant. Science’’: ‘‘Emphasis on extreme sce- been invented. In the next 100 years, When our civilization arose with the narios may have been appropriate at transportation and energy fueled the flowering of agriculture, some 5,000 one time, when the public and policy- great democratization of wealth and years ago, climate scientists tell us the makers were relatively unaware of the the spread of culture. earth was a few degrees warmer than it global warming issue.’’ Moreover, ac- In 1900, 7,000 people died in the Gal- is today. At one time, what is now the cording to a report issued by the Glob- veston Hurricane. Mr. President, 100 dry desert southwest was a much wet- al Climate Coalition, mandatory emis- years later a similar storm hit Texas ter tropical environment. Climate sci- sions goals could result in a loss of and killed no one, thanks to advances entists also tell us that 300 years ago it gross domestic product equal to $300 in meteorology and satellite tech- was a few degrees colder, Europe suf- billion in 2010 alone, assuming that 2010 nology. Could anyone have imagined fered through the Plagues, ice skaters emissions are held at 1990 levels. this in 1900, as we buried the dead from graced the Thames River in London. How many American jobs would be the largest natural disaster in Amer- Mr. President, 150 years ago, when that lost as a result? How many companies ican history? Hardly. But this is how a ‘‘Little Ice Age’’ ended, America em- will have to close their doors? I would free, creative world develops if the gov- barked upon its manifest destiny. like to read to you, part of a letter ernments allow ingenuity to thrive to In the last 100 years, the Earth has from the Secretary of Commerce, Don improve our lives. warmed an additional degree, Amer- Evans, Secretary of Labor, Elaine What will be the technology of the ican crop yields quintupled, life span Chao, and Acting Administrator of the future? No one can say for certain. But doubled, wealth became democratized Environmental Protection Agency, we all can spur its development by en- beyond the wildest dreams of even the Marianne Horinko: couraging the marketplace in the vast, most optimistic. In that 100 years, our According to an analysis conducted by the diverse fields of nanotechnology or aer- free economy was powered largely by independent Energy Information Adminis- onautics, for prime examples. fuels extracted from the earth. Some of tration, S. 139 would cause an estimated av- And that is the state of our climate. these produce carbon dioxide, which erage loss of 460,000 American jobs through Climate will continue to change. That scientists have known, since 1872, can 2025. cannot be stopped. But so will tech- slightly warm the surface of the earth. It goes on to say, nology change, unless the Government

VerDate Mar 15 2010 22:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\2003SENATE\S30OC3.REC S30OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13596 CONGRESSIONAL RECORD — SENATE October 30, 2003 chooses to hinder new investment in Mr. INHOFE. Mr. President, to draw I reserve the remainder of my time. better materials, fuels and systems. to conclusion this debate, let me repeat Mr. LIEBERMAN. Mr. President, I Fortunately, now sound science, rather a couple of things we did last night. I yield to Senator MCCAIN the remaining than political science, shows warming will briefly address the science issue. I 2 minutes. is a much slower process than was once know there are people out there think- Mr. MCCAIN. I thank my friend. feared. ing the science is settled. The science Since I will not speak again, I thank My bottom line is that I cannot is not settled. Last night I went into the Senator from Oklahoma for engag- countenance the loss of tens of thou- detail and I will repeat a couple of sig- ing in a spirited and, I hope, inform- sands of American jobs based upon the nificant points. ative debate. I thank, of course, my scientific factual evidence surrounding First, Frederick Seitz, the past presi- friend from Connecticut, Senator LIE- this measure. dent of the National Academy of BERMAN. EXHIBIT 1 Sciences, compiled the Oregon petition Briefly, as to this petition that keeps OCTOBER 28, 2003. which had 17,800 independently verified being referred to—the petition was led Hon. BILL FRIST, signatures—most of those holding de- by Frederick Seitz, former president of U.S. Senate, grees of Ph.D. They came to this con- the National Academy of Sciences—an Washington, DC. clusion: There is no convincing sci- article in the New York Times on April DEAR SENATOR FRIST: We are writing to entific evidence that the human re- 22, 1998, entitled ‘‘Science Academy state our serious concerns about S. 139, ‘‘The Disputes Attack On Global Warms,’’ Climate Stewardship Act of 2003,’’ and to lease of carbon dioxide, methane or strongly urge that you vote against this bill other greenhouse gasses is causing or states: to avoid the significant job losses and eco- will in the foreseeable future cause cat- The National Academy of Sciences has dis- nomic harm that it would inflict on our astrophic heating of the Earth’s atmos- associated itself from a statement and peti- economy, without necessarily achieving any phere and disruption of the Earth’s cli- tion circulated by one of its former presi- reduction in global greenhouse gas emis- mate. dents which disagrees with the scientific conclusions underlying international efforts sions. Again, the Heidelberg Appeal, over According to an analysis conducted by the to control greenhouse gas emissions. 4,000 scientists, 70 of whom are Nobel independent Energy Information Adminis- By the way, Virginia Spice of the Prize winners, signed this Heidelberg tration (EIA), S. 139 would cause an esti- Spice Girls, BJ Hunnicutt of ‘‘Mash,’’ Appeal that says there is no compelling mated average loss of 460,000 American jobs and Perry Mason were among the sig- evidence that is existing today to jus- through 2025, with estimated job losses natories to that. They are all respected reaching 600,000 by 2012. Instead of improving tify controls of anthropogenic—man our economic security through economic in their individual fields. made—greenhouse gas emissions. I do not believe that 10 States in the growth and job creation, the job losses re- Dr. Richard Lindzen, MIT scientist Northeast would agree to a proposal sulting from S. 139 would place an unaccept- and member of the National Academy that this is exactly modeled on, if able burden on American workers and the of Sciences, said—and I don’t think American people. EIA’s analysis further re- there was going to be some devastating anyone would question his creden- veals the higher energy costs the legislation effect on the economies of 10 North- tials—said there is a definite dis- would impose on American energy con- eastern States. sumers: once fully implemented, S. 139 would connect between Kyoto and science. Let’s get real. This is a very minimal require a 40 cent per gallon increase in gaso- Should a catastrophic scenario prove proposal, one that is a first step. I line prices and cause nearly a 50% increase correct, Kyoto would not prevent it. agree with the Senator from Oklahoma in natural gas and electricity bills. Lastly, the Harvard-Smithsonian because it does not begin to com- As a result of these higher energy costs, study, the most exhaustive study out prehensively address the problem, but EIA projects a net loss of $507 billion (1996 there, 240 peer-reviewed papers pub- dollars) in Gross Domestic Product over the we have to start somewhere. We have lished by thousands of researchers over next two decades. These higher energy costs to start somewhere. We have to begin the last four decades, says the science and reduced economic growth would likely to address this issue. lead American businesses to move overseas, is flawed. It is important people realize This debate is important. I assure my taking jobs with them. As a result, S. 139 that is the situation. colleagues, we will be back because may actually lead to an increase in global Probably the most significant item those pictures that I showed are going greenhouse gas emissions as companies for- we should have been talking about all merly in the U.S. move their operations (and to get worse and worse until we begin the time instead of this science—since to address this issue. emissions) overseas to countries that do not it is a fact now, I think people under- require similar emissions reductions. To I thank my colleagues and yield the compensate for the economic dislocation stand there are scientists on both sides remainder of my time. that S. 139 would cause, the legislation es- of this issue—is what is the effect. The PRESIDING OFFICER. Who tablishes a ‘‘Climate Change Credit Corpora- Last night we had a chance to talk yields time? tion’’ for ‘‘transition assistance to dislocated about the National Black Chamber of Mr. INHOFE. Mr. President, I inquire workers and communities.’’ However, we be- Commerce and the Hispanic Chamber as to how much time is remaining on lieve that the Senate should instead reject of Commerce, how it would dispropor- both sides. this legislation and avoid inflicting the harm tionately hurt them in losing jobs. A The PRESIDING OFFICER. Two that would create the need for such ‘‘transi- study that no one has challenged con- tion assistance’’ in the first place. minutes thirty seconds for the Senator President Bush has committed the U.S. to cluded that Kyoto would cost 511,000 from Oklahoma. The Senator from an ambitious and comprehensive strategy to jobs of Hispanic workers and 864,000 Connecticut has 3 minutes 45 seconds. address the issue of global climate change. It jobs held by Black workers. Is this Mr. INHOFE. All right. I say to the is based on the recognition that only a grow- something we all understand? Senator from Connecticut, if it is your ing American economy can make possible My chart is revealing if Members wish, I will be very glad to defer to you the sustained investments in energy and car- need statistics for their own State. The to conclude debate on this matter. bon sequestration technologies needed to re- State of Illinois is losing 159,000 jobs; Mr. LIEBERMAN. No thank you. duce the projected long-term growth in glob- the State of Indiana loses 194,000. This The PRESIDING OFFICER. The Sen- al greenhouse gas emissions. Because of its negative impacts on jobs and economic is a study done by Penn State Univer- ator from Oklahoma. growth, we call upon the Senate to reject S. sity. Mr. INHOFE. Mr. President, let me 139 as a misguided means of achieving our The other significant point is that we get back to something the Senator international environmental goals. are voting on an amendment. This from Arizona said. He is not on the DONALD L. EVANS, amendment is somewhat pared down. floor now. He mentioned some of the Secretary of Com- Everyone realizes that this amend- signatures were not verified. They keep merce. ment, as has been stated many times using this same argument, which has ELAINE L. CHAO, by the distinguished Senator from Con- been refuted over and over again. The Secretary of Labor. necticut as well as the Senator from Perry Mason he refers to happens to be MARIANNE HORINKO, Acting Administrator Arizona, is just a first step. So every- a Ph.D. chemist. It is documented. of the Environ- one has to look at this. This is the Again, we are talking about some 17,000 mental Protection Kyoto Treaty. It needs to be looked at scientists there. There are 4,000 sci- Agency. in that respect. entists on the Heidelberg Petition.

VerDate Mar 15 2010 22:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\2003SENATE\S30OC3.REC S30OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 30, 2003 CONGRESSIONAL RECORD — SENATE S13597 Of course, Richard Lindzen, I don’t Senator AKAKA from Hawaii told us ical views, we share a deep concern about the think anyone is going to question his last night that the sea level is rising specter of global warming and potentially credibility. These studies—particularly around Hawaii. Senator SNOWE of devastating effects of climate change. We the Harvard-Smithsonian study—is a Maine told us that the sugar maples urge you to take appropriate measures to address this critically important issue. very significant one. are dying because it is getting warmer. Thank you for your consideration. I think the debate has been good. I do I myself reported on a story from Kind regards, not question it when the Senator from Inupiat Indians in Alaska saying they DAVID ROUX, Arizona—who I respect immensely— had seen robins for the first time in Managing Director. says we will be back. I am hoping it their village because it is getting will be necessary to come back because warmer. OPEN LETTER FROM BUSINESS LEADERS, I am hoping we will defeat this amend- This is real. I wish we could agree on October 17, 2003. Senator OLYMPIA SNOWE, ment. But it is very significant. the reality and then argue about what Washington, DC. Lastly, let me mention I do not know we should do about it. As I hear the DEAR SENATOR SNOWE: We are business how so many of these groups could be science—so-called—cited on the other leaders and scientists alarmed by the reality wrong. We have almost every union in side, I want to predict, respectfully, of global warming. the country—the International Broth- that we are going to look back at those Schooled in science and innovation, we erhood of Electrical Workers, the scientific testaments and put them in recognize that the risks and complexities of International Brotherhood of Team- the same category as the scientific climate change are significant, but strongly believe that drive and ingenuity can manage sters, the United Mine Workers, the studies that were introduced by the to- those risks and solve those complexities. United Steel Workers. We have all bacco industry years ago, saying that While any response that is sufficient to avert these jobs shown up here, some 3.6 mil- tobacco did not harm health or cause dangerous climate change will be long term, lion jobs, that would be lost. This anal- cancer, or the studies that were intro- the nature of the problem requires action ysis was done by a credible organiza- duced by the chemical industry that now. The required response—global and do- tion, Penn State University. said chlorofluorocarbons did not put a mestic—must be equitable and support eco- I cannot imagine that any Member of hole in the ozone layer, all of which we nomic growth based on free market prin- this Senate would come up here and ciples. know now were just plain bunk. I am As entrepreneurs who co-exist with govern- look at this chart and not realize that afraid that is the way we are going to ment policies, we know that truly effective here we are—we have been going look back at this evidence offered in policies set clear goals and leave businesses through a recession that began in this debate. free to decide how to meet those goals at March of 2000, and we are now pulling Secondly, a lot of the argument lowest cost. We trust any policies you pro- out of this recession. The jobs are look- about the impact of our proposal on pose have serious environmental goals and ing good right now. For something costs and cost of living and jobs is not encourage the prudent use of market forces such as this to pass would push us right to achieve them. related to our proposal. It is about the Policies employing strict goals and flexible back in a devastating position. Kyoto protocol. It is about earlier leg- means unleash the power of competition and So when you look at what we are islation. It is not about the McCain- spur innovation to protect the environment. talking about today, we are talking Lieberman amendment before the Sen- A healthy economy and a healthy environ- about something that would pass in ate for a vote. ment go hand in hand. American business America and that would not have any- The one study on our amendment, has the ingenuity to solve the problem of thing to do with Mexico, anything to the MIT independent study, says, in global warming while continuing to prosper. do with China, anything to do with fact, costs will go down in the energy Indeed, businesses that find ways to lead in India. I can assure you, right now peo- solving this problem will prosper even more. field, that the average cost per house- While there is still debate about the levels ple from those countries are sitting hold will be $20 a year—well worth of greenhouse gas reductions necessary to back with their fingers crossed, hoping what we are going to get in return for stabilize the climate and protect the United this passes, because this would be the a safer, better life for our children and States economy, several things are clear: biggest jobs bill for Mexico and India grandchildren. They say there is no job Reductions must begin immediately; and the other developing nations that loss that can be expected. In fact, a lot Voluntary efforts alone won’t do the job; we could pass. of major entrepreneurs and investors— and Any mandatory restrictions must employ I say to Senator LIEBERMAN, thank and I put a letter in the RECORD to Sen- you very much for the spirited debate, market incentives. ator SNOWE from 60 leading entre- We congratulate you for recognizing these as I also thank the Senator from Ari- preneurs from Silicon Valley, who say needs and for your efforts to see that the zona. our amendment will create hundreds of Senate addresses them. Mr. President, I reserve the remain- thousands of jobs. I ask unanimous Sincerely, der of my time, if there is any. consent that letter be printed in the BUSINESS LEADERS TAKING ACTION The PRESIDING OFFICER. You have RECORD. ON CLIMATE CHANGE. 1 second. There being no objection, the mate- Mr. LIEBERMAN. Mr. President, this Mr. INHOFE. I reserve that. rial was ordered to be printed in the is a call to responsibility. It is a call to Mr. LIEBERMAN. Mr. President, I RECORD, as follows: leadership. thank the Senator from Oklahoma as SILVER LAKE PARTNERS, I remember last year, as we were well. It has been a spirited debate. It Menlo Park, CA, October 17, 2004. coming close to the vote on the Iraq has been an important and historic de- Senator OLYMPIA SNOWE, resolution, I met with a group of offi- bate, but it is the first, I would guess, Washington, DC. cials from the administration and Con- of many on this critical subject. DEAR SENATOR SNOWE; I am pleased to en- gress—members of both parties—with I must say, it has been a disclose a letter from 60 Silicon Valley business the Minister of Defense from an allied appointing debate in one regard for me; leaders concerned about the growing threat government. Somebody from the ad- of global warming. This group comprises that is, we are still disagreeing about ministration said: How can we get the whether global warming is a problem. CEOs and successful entrepreneurs, distinguished engineers, scientists, and investors. Europeans to support us more on the The fact is, the overwhelming evi- Together, we manage companies with total potential of a war against Saddam? dence, upheld by scientists around the revenues of $70 billion and over 300,000 em- The European Minister said: Get the world and in America—the National ployees around the world. Our firms have an administration to do something about Academy of Sciences, et cetera—says aggregate market value of over $160 billion. global warming. that the planet is warming, and it is The venture capitalists and private equity This inaction, lack of leadership, de- happening because of human activity. investors among us, primarily focused on bunking by the administration of the You cannot look at this picture, a commercializing new technology, manage problem, failure to accept responsi- satellite picture—seeing the reduction over $44 billion in risk capital. Operating at the core of our modern econ- bility is part of the reason we are so of the white part from where it was; omy, we recognize the role science and in- deeply divided from some of our closest and the red lines show what it was in dustry play in keeping our country vital. allies. 1979, 24 years ago—and not say it is While we are Democrats, Republicans and Senator MCCAIN and I and our co- real. Independents with often contrasting polit- sponsors on both sides of the aisle have

VerDate Mar 15 2010 22:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\2003SENATE\S30OC3.REC S30OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13598 CONGRESSIONAL RECORD — SENATE October 30, 2003 put ourselves on a course. History calls amendment. He has asked for 30 min- bill be referred back to the Committee us to action. We will not leave this utes. on Environment and Public Works. course until the day—may it come So that is just general information The PRESIDING OFFICER. Is there sooner than later—when we adopt this we are going to try to move on as objection? Without objection, it is so amendment or something very much quickly as possible on the Healthy For- ordered. like it. ests matter. Mr. SPECTER. Mr. President, after I thank the Chair. I thank my col- The PRESIDING OFFICER. The extensive consideration of the views of leagues and yield the floor. question is on agreeing to the Lieber- many constituents who have contacted The PRESIDING OFFICER. All time man-McCain amendment. me on this very important bill, I de- has expired. Mr. LIEBERMAN. Mr. President, I cided to vote against it because of the Mr. INHOFE. I believe, Mr. Presi- ask for the yeas and nays. open questions on the impact on cli- dent, I have 1 second remaining. The PRESIDING OFFICER. Is there a mate and the consequences for the na- The PRESIDING OFFICER. Yes. sufficient second? tional and State economies, which are Mr. INHOFE. Mr. President, in my There appears to be a sufficient sec- very fragile at the moment. last second, I ask unanimous consent ond. The clerk will call the roll. It is always a difficult matter to bal- that the list of labor unions, agricul- The assistant legislative clerk called ance environmental protection and the tural organizations, and other organi- the roll. need for economic development and zations opposing S. 139 be printed in Mr. REID. I announce that the Sen- jobs. I believe that global warming is a the RECORD. ator from North Carolina (Mr. matter of great international impor- There being no objection, the mate- EDWARDS) is necessarily absent. tance and the 43 votes in favor of this rials was ordered to be printed in the I also announce that the Senator bill puts the administration and others RECORD, as follows: from Nebraska (Mr. NELSON) is attend- on notice that there is considerable ing a family funeral. WHAT DO ALL THESE GROUPS AGREE ON? sentiment for stronger action to ad- LIEBERMAN-MCCAIN IS BAD FOR AMERICA I further announce that, if present dress this problem. and voting, the Senator from Nebraska The 60 Plus Association, Aluminum Asso- I have voted for environmental pro- ciation, American Association of Port Au- (Mr. NELSON) would vote ‘‘nay.’’ tection for renewable energy and con- thorities, American Bakers Association, The PRESIDING OFFICER (Mr. BUN- servation measures, and I have initi- American Boiler Manufacturers Association, NING). Are there any other Senators in ated legislation to limit the amount of American Chemistry Council, American the Chamber desiring to vote? oil which will be consumed at various Health Care Association, American Highway The result was announced—yeas 43, intervals in the future. Users Alliance, American Iron and Steel In- nays 55, as follows: As a Pennsylvania Senator, I have a stitute, American Public Power Association, [Rollcall Vote No. 420 Leg.] particular interest in the continued use American Road and Transportation Builders Association, American Sheep Industry Asso- YEAS—43 of coal, our Nation’s most abundant en- ciation, American Short Line and Regional Akaka Feingold Lugar ergy supply, especially in the context Railroad Association, American Trucking Bayh Feinstein McCain of the billions of tons of bituminous Association, American Waterways Operators, Biden Graham (FL) Mikulski coal in the western part of Pennsyl- Bingaman Gregg Murray Americans for Tax Reform, Association of Boxer Harkin vania and anthracite coal in the east- Equipment Manufacturers, Brotherhood of Nelson (FL) Cantwell Hollings Reed ern part of Pennsylvania. This bill Locomotive Engineers, Brotherhood of Rail- Carper Inouye Reid would have a serious impact on our road Signalman, Center for Energy and Eco- Chafee Jeffords Rockefeller Clinton Johnson steel industry, our chemical industry, nomic Development, Council of Industrial Sarbanes Collins Kennedy and manufacturing. Boiler Owners, Edison Electric Institute, Schumer Corzine Kerry Federation of American Hospitals, Frontiers Snowe In this context, it is very difficult to Daschle Kohl adopt a limit by the year 2010 since we of Freedom, General Mills, Goodman Manu- Dayton Lautenberg Stabenow facturing Corporation, Institute of Makers of Dodd Leahy Wyden cannot predict at this time what the Explosives, Intermodal Association of North Durbin Lieberman situation will be with our national and America, International Brotherhood of Boil- NAYS—55 State economies. ermakers, International Brotherhood of In addition, it is very difficult to Alexander DeWine McConnell Electrical Workers, International Dairy limit industry in the United States Foods Association, Motor Freight Carriers Allard Dole Miller Allen Domenici when we do not have a plan for the rest Association, National Association of Manu- Murkowski Baucus Dorgan facturers, National Association of Wheat Nickles of the world in curbing green house gas Bennett Ensign Pryor Growers, National Cattleman’s Beef Associa- Bond Enzi emissions. That would have a harmful Roberts effect on the competitiveness of the tion, National Food Processors Association, Breaux Fitzgerald Santorum National Grange, National Mining Associa- Brownback Frist Sessions United States. An international plan is Bunning Graham (SC) tion, National Restaurant Association, Na- Shelby necessary. Unilateral action by the Burns Grassley tional Retail Federation, National Rural Smith Byrd Hagel United States would not solve the Electric Cooperative Association, National Specter Campbell Hatch problem. I have, with other Senators, Waterways Conference, Inc., Portland Ce- Chambliss Hutchison Stevens urged the President to work through ment Association, Railway Supply Institute, Cochran Inhofe Sununu The Salt Institute, The Seniors Coalition, Coleman Kyl Talent international means to address global Small Business Survival Committee, Snack Conrad Landrieu Thomas climate change. I support his efforts Food Association, US Chamber of Commerce, Cornyn Levin Voinovich and those of the individual companies United Mine Workers of America, United Craig Lincoln Warner to curb voluntarily domestic emis- Crapo Lott Seniors Association, United Transportation sions, but it is likely that stronger ac- Union. NOT VOTING—2 tion will have to be taken in the future Mr. INHOFE. Mr. President, thank Edwards Nelson (NE) on a multilateral basis. you very much. The amendment (No. 2028) was re- These questions remain: What would The PRESIDING OFFICER. The Sen- jected. the reductions under this legislation do ator from Nevada. Mr. INHOFE. Mr. President, I move to climate change? What are the an- Mr. REID. Mr. President, I have not to reconsider the vote. ticipated costs? Who would pay the spoken to the two managers, but I feel Mr. REID. I move to lay that motion costs? What are particularly vulnerable confident it would be OK with them. on the table. industries that could not, for instance, This is not in the form of a unanimous The motion to lay on the table was pass on any increased energy costs? consent request. agreed to. What is the expected impact on fuel Following the vote, Senator BOXER The PRESIDING OFFICER. The Sen- supply and demand, particularly with wishes to speak for 10 minutes. Fol- ator from Oklahoma. regard to fuel-switching and natural lowing that, Senator BINGAMAN is Mr. INHOFE. Mr. President, I have a gas prices? What will happen to eco- ready to offer his amendment. He will unanimous consent request. We have nomic growth and overall competitive- take a limited period of time. Fol- just voted on the amendment. I ask ness in a global economy if only U.S. lowing that, Senator LEAHY has an unanimous consent that the underlying emissions are reduced?

VerDate Mar 15 2010 22:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\2003SENATE\S30OC3.REC S30OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 30, 2003 CONGRESSIONAL RECORD — SENATE S13599 While I was unable to support this health problems facing the world over have been a meaningful step in the particular bill, I believe it will give im- the next century. I am deeply dis- right direction toward reducing our petus to action to deal with global appointed that this administration has Nation’s greenhouse gas emissions and warming. I look forward to working decided not to actively engage the would have helped address the problem with my colleagues in the Senate on world on this issue and has in fact dis- of global warming. this important issue in the hopes of engaged itself from the world on global There is no question that climate finding common ground and a sensible climate change. I echo the concerns of change is one of the most serious envi- balance between the goals of environ- the distinguished Senator from West ronmental challenges facing this na- mental protection and economic devel- Virginia, Senator BYRD, that the ad- tion and the world. We know that cli- opment. I encourage supporters and op- ministration’s approach is short-sight- mate change is real. The overwhelming ponents of this bill to consider the con- ed, and that it is no longer construc- weight of scientific opinion supports cerns of each other and work in earnest tive to argue that human-caused emis- the idea that climate change is occur- to bridge the many differences in sup- sions are not contributing to the ring, that it is human-induced, that it port of the common good. warming of the earth. The science is will have significant and harmful con- Mrs. LINCOLN. Mr. President, al- just too strong to believe otherwise. sequences, and that we need to do though I am extremely concerned The administration’s approach is something about it. about global warming, I voted in oppo- frustrating because engaging the world California has a great deal to lose if sition to Senator MCCAIN and Senator particularly the developing world—is we do not take steps to halt and re- LIEBERMAN’s Climate Stewardship Act. the only way we will ever get a handle verse climate change. My State enjoys My chief concern was that this bill on rising greenhouse gas emissions. tremendous ecological diversity rang- would raise gas and electric prices at a Small reductions in emissions made by ing from our cool and wet redwood for- time when Arkansas’ economy is strug- the U.S. will be meaningless if those ests of the North Coast, to the hot Mo- gling to recover and many residents reductions are made unilaterally. We jave and Colorado deserts in the south- from my state are finding it difficult to must have assurances that the world is east, to the vast fertile agricultural make ends meet. moving hand in hand with us—and is stretches in the Central Valley. Cli- I firmly believe that we have a re- making similar sacrifices—before we mate change is a very real threat to sponsibility to seek a solution to glob- handicap our own economy. those natural ecosystems. al warming. But at this time, when our This will take time, but solving the Scientific predictions indicate that economy is struggling and our federal problem of global warming is a life- human-induced global warming may deficit is at record levels, I can not time endeavor by any estimate, for our produce a 3- to 10-degree rise in tem- support a measure which in all likeli- generation, and the next. Part of this perature over the next 97 years. That hood will result in higher energy prices effort will include massive investments may not initially sound dramatic. But for consumers in Arkansas and a loss of in new energy technologies, in renew- it would be enough to change the tim- jobs in my state. If the United States ables, in alternative energy, in hybrid ing and amount of precipitation in my stands alone on this issue, I fear other cars and fuel cells, and in making our State. This could, for instance, lead to countries will be able to take busi- economy and the world’s economy decreased summer stream flows, which nesses away from our country with the more energy efficient. It will likely, if would intensify the already significant lure of weaker environmental regula- and when the United States takes the controversy over the allocation of tions. A comprehensive global solution leadership roll on this issue that it water for urban, agricultural and envi- must be developed that includes all na- should, involve mandatory greenhouse ronmental needs. tions. I do believe we must continue to gas reductions by all nations. Scientists also predict that by the work toward initiatives to reduce our I would like to compliment Senators year 2050, California will face higher dependence on foreign oil and encour- MCCAIN and LIEBERMAN for working so average temperatures every month of age cleaner sources of energy, such as hard on this proposal, and for attempt- the year in every part of the State. The the numerous biodiesel measures I ing to find a balanced solution. If we average temperature in June in the Si- have fought to include in the Energy had more time, and more attention erra Nevada Mountains, for instance, bill. from the administration, I am con- could increase by 11 degrees Fahr- I would like to take this opportunity fident that we could work together on enheit. The snowpack in the Sierra, to voice my opposition to the Bush ad- a common sense bill that would which is a vital source of water in the ministration’s view on this subject. achieve meaningful reductions in U.S. State, is expected to drop by 13 feet The indifferent and callous approach greenhouse gas emissions without and to have melted entirely nearly 2 taken to global climate change sent a threatening the U.S. economy or our months earlier than it does now. This message to the world that this issue is global competitiveness. Such a bill means that the precious water on not a priority. President Bush has stat- would hopefully complement a mean- which we now rely for agriculture, ed that compelling evidence of global ingful and real global consensus on how drinking water, and other purposes. warming does not exist. I disagree. It is to address human-caused climate In light of the threat global warming time for the administration to change change. poses to my State, the Nation, and the its policy. It is only through coopera- I voted against McCain-Lieberman world, I believe we must take steps to tion with the global community that today because I don’t think the coun- reduce our greenhouse gas emissions. we can see these warming trends re- try is ready to take the steps outlined The Climate Stewardship Act would versed. I applaud the efforts of Sen- in their bill and because I was con- have required companies in the energy, ators MCCAIN and LIEBERMAN in bring- cerned about the impacts on my state, transportation and manufacturing sec- ing this bill before the Senate when few particularly agriculture, from in- tors to reduce their greenhouse gas committee chairmen showed interest creased natural gas prices. But I agree emissions to 2000 levels by 2010. The in it. While I was not able to support that we must move forward aggres- bill would have provided tax incentives them today for the reasons I have stat- sively to put the United States and the for the development of energy-efficient ed, I am eager to work with them in world on track to significantly reduce technology. The Climate Stewardship the future to find a solution to this im- global greenhouse gas emissions. It will Act would have also encouraged the portant issue. only get harder the longer we continue use of environmentally-friendly manu- Mr. BAUCUS. Mr. President, I would to ignore the problem. facturing technology. like to take this opportunity to explain Mrs. BOXER. Mr. President, I want This bill would have provided a rea- why I had to oppose the McCain-Lie- to thank my colleagues, Senators sonable approach to help us achieve the berman Climate Stewardship Act. MCCAIN and LIEBERMAN, for all their goal of reducing greenhouse gases and First, let me say that my vote does hard work on S. 139, the Climate Stew- addressing global warming. I am ex- not reflect a change my belief that ardship Act, and express my full sup- tremely disappointed that the Senate global climate change is a serious prob- port for this legislation. Unfortu- did not pass this legislation. lem, perhaps one of the most serious nately, this bill did not pass the Sen- The PRESIDING OFFICER. The Sen- long-term environmental and public ate. This bipartisan legislation would ator from Nevada.

VerDate Mar 15 2010 22:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\2003SENATE\S30OC3.REC S30OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13600 CONGRESSIONAL RECORD — SENATE October 30, 2003 Mr. REID. Mr. President, what is the totally unexpected. For the last several the President’s economic policies. Such regular order? days I have come to the Senate Cham- results should encourage all of us to f ber to suggest that this is the sort of work even harder to bring economic re- figure we could expect, in large part be- covery to the doorstep of every Amer- HEALTHY FORESTS RESTORATION cause of the policies we enacted earlier ican. ACT OF 2003 this year, specifically the tax reduc- Mr. REID. Mr. President, I, too, am The PRESIDING OFFICER. The reg- tions which we knew would result in pleased at the good news that the GDP ular order is under the previous order such growth. Indeed, we are now seeing has gone up. But for the 3 million peo- the Senate will resume consideration that hard data of growth—7.2 percent ple who have lost jobs, J-O-B is more of H.R. 1904, which the clerk will re- in the last quarter. important than G-D-P. This last port. This positive news was also reflected month, another 46,000 jobs have been The legislative clerk read as follows: and added to by this morning’s num- lost in this country; during this admin- A bill (H.R. 1904) to improve the capacity bers which showed that personal con- istration, more than 3 million jobs. of the Secretary of Agriculture and the Sec- sumption has increased at 6.6 percent This is the only President since Her- retary of the Interior to plan and conduct as well. It is interesting that consump- bert Hoover who has had a net loss in hazardous fuel reduction projects on Na- tion makes up about 70 percent of our jobs. I think this is very unfortunate. I tional Forest System lands and Bureau of economic growth. That is, 70 percent of hope the GDP continues to grow and in Land Management lands aimed at protecting all of this economic growth is ac- the process create jobs. communities, watersheds, and certain other counted for by consumption. If we Mr. President, the distinguished at-risk lands from catastrophic wildfire, to looked at just that impact of consump- chairman of the committee that has ju- enhance efforts to protect watersheds and risdiction of the bill now before the address threats to forest and rangeland tion alone, we would have seen growth health, including catastrophic wildfire, in our economy of 4.6 percent. Senate and I spoke with the majority across the landscape, and for other purposes. Equally if not more important for leader and minority leader a few min- The PRESIDING OFFICER. The Sen- the longer term, another measure, utes ago. It is the wish of the distin- ator from Nevada. business investment, grew by 11.1 per- guished chairman of this committee, Mr. REID. We need the manager of cent. To me, this suggests we will con- the manager of this bill, that when an the bill on the floor for the majority. tinue to see growth well into the future amendment is offered—unless there is as they rebuild, as they reinvest, as some exception—we are going to debate Senator BINGAMAN is ready to offer an amendment. He was here all day yes- they retool their factories and prepare that and vote on it, dispose of it one terday. for the future. way or the other. Government spending, another com- As we spoke to the majority leader, What we would like to do is have ponent of growth which accounted for the distinguished Senator from Mis- Senator BINGAMAN offer his amend- much of the growth earlier this year, sissippi and I—everyone should be—we ment—I have not spoken to the two was not the most important factor ac- were both in tune with the majority leaders—have that set aside tempo- counting for today’s news. Indeed, Gov- leader. Today’s votes are going to take rarily and then move to the Leahy ernment spending only increased about 20 minutes. After 20 minutes, the ma- amendment. They will both be rel- 1.4 percent. I say that because a lot of jority leader said he is going to ask atively short in time, and then we can people say we are just spending so that the clerk announce the vote. arrange an appropriate time for voting much these days in terms of Govern- There are going to be people who miss on these. ment; that is why the economy is votes, but that is their problem. All I suggest the absence of a quorum. growing. But as the figures show, most staffs who are listening to me, every- The PRESIDING OFFICER. The of that growth is in this dramatic in- one should understand, if the majority clerk will call the roll. crease in consumption, an increase of leader follows through on what he The assistant legislative clerk pro- 6.6 percent according to today’s news. said—and I am confident he will—a few ceeded to call the roll. Maybe lost in the big news this people will miss votes. But I think Mr. FRIST. Mr. President, I ask morning is what really matters in this fewer will miss them the second time unanimous consent that the order for growth—the jobs issue. The Depart- and fewer the third time. the quorum call be rescinded. ment of Labor reported this morning If we are going to finish this most The PRESIDING OFFICER. Without that the initial claims for unemploy- important bill, we cannot have votes objection, it is so ordered. ment declined by 5,000 last week, af- going 40 minutes, and that is what they Mr. FRIST. Mr. President, I ask firming this downward trend in unem- were going yesterday. It is unfair to unanimous consent that I may speak ployment. So this morning we have the managers of the bill, unfair to the for 5 minutes as in morning business. good news released. The numbers re- Senate, unfair to the country. The PRESIDING OFFICER. Without leased today indeed indicate a ramp up I hope that following the vote of Sen- objection, it is so ordered. to recovery. I do expect the growth in ator BINGAMAN, we will stick to 20- GOOD ECONOMIC NEWS the quarters ahead will settle down to minute votes, no matter who isn’t here Mr. FRIST. Mr. President, as we pre- a more realistic and sustainable level. for the vote. pare over the next several minutes to The point is, we are making progress. The PRESIDING OFFICER. The Sen- shift gears back to a very important We are making real progress. The poli- ator from Mississippi. piece of legislation, I just want to take cies we put into place are beginning to Mr. COCHRAN. Mr. President, let me this opportunity to comment on an- take hold. compliment the distinguished acting other issue and that is the issue of the We clearly have a lot more work to leader. He correctly states the content economy. There is very good news, do. We must do more to create jobs and of the conversation that we had which news that was released today, and that bring economic recovery to all of our included the majority leader. The cus- is that the economy grew by 7.2 per- citizens. Thus, we really can’t rest on tom, in recent history anyway, has cent in this last quarter—in July, Au- these reports today. But at the same been to accumulate amendments and gust, and September. This to me is time, in this body we must continue to then have the votes stacked to occur at really a spectacular piece of news, es- work toward reducing the cost of doing a certain time. That is well and good, pecially as we know the people are fol- business in this country. if you know how many amendments lowing this economy very closely, espe- I immediately turn to issues we are you have. We don’t have a finite list of cially to see what the response is to talking about, both on the floor and amendments. That is one thing we the President’s tax relief package sev- off—health care, energy, class action, need. If Senators would let us know eral months ago. litigation costs. We need to remove which amendments they intend to Mr. President, 7.2 percent is spectac- barriers to investment and economic offer, we can probably manage this bill ular in so many ways. In fact, it has growth so employers can create jobs. more efficiently and save time for ev- been nearly 19 years—I guess the last Our work here in the Congress must erybody. date was in 1984—that the economy go forward with renewed dedication. We want to finish the bill tonight. last saw such growth. This news is not Today we do see firsthand the effects of That is my intention. I think that is

VerDate Mar 15 2010 22:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\2003SENATE\S30OC3.REC S30OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 30, 2003 CONGRESSIONAL RECORD — SENATE S13601 the intention of the acting Democratic I intend to work with all of our col- available pursuant to this section, the Na- leader as well. leagues on this amendments today. tional Fire Plan and the Emergency Water- The regular order is, if you have an What I especially look forward to is shed Protection program. (b) COST SHARE GRANTS.—In implementing amendment, come and offer it. We will completing the work on this legisla- this section, the Secretaries may make cost- debate it and dispose of it. We will give tion. It was a very exciting develop- share grants to Indian tribes, local fire dis- you a vote on it and move to table it or ment to have yesterday’s vote by such tricts, municipalities, homeowner associa- we will accept it. a large plurality. It shows what you tions, and counties, to remove, transport, Senator BINGAMAN is here with an can do if you stay at it and try to find and dispose of hazardous fuels around homes amendment. It is an important amend- common ground in an area that is and property to— ment. I understand that he is going to (1) prevent structural damage as a result of about as contentious as you can find. wildfire, or seek the floor and offer that amend- As Senator COCHRAN noted, we hope (2) to restore or rehabilitate burned areas ment. We will debate it and dispose of colleagues will bring amendments to on non-Federal lands. it. the floor and move expeditiously. (c) NON-FEDERAL CONTRIBUTION.—The non- I very much thank the two leaders I yield the floor. Federal contribution may be in the form of for their effort to help move this bill The PRESIDING OFFICER. The Sen- cash or in-kind contribution. along and ensure that the votes we ator from New Mexico. (d) APPROPRIATION AND AVAILABILITY OF FUNDS.—The Secretary of Treasury shall have are held to a minimum amount of AMENDMENT NO. 2031 make available to the Secretaries out of any time. We are going to try to enforce Mr. BINGAMAN. Mr. President, I money in the Treasury not otherwise appro- that. send an amendment to the desk. priated $100,000,000 for each of fiscal years I thank everybody concerned. The PRESIDING OFFICER. The 2004 through 2008 to carry out this section, Mr. REID. Mr. President, if I could clerk will report. which shall remain available until expended. say one additional thing, we have run a The assistant legislative clerk read Mr. BINGAMAN. Mr. President, al- hotline on our side. We are very close as follows: though I interrupted the clerk before to having a finite list of amendments. The Senator from New Mexico [Mr. BINGA- the clerk was able to read the entire That will be offered on this side. We MAN] proposes an amendment numbered 2031. amendment, I think probably the best know the intense interest in this bill Mr. BINGAMAN. Mr. President, I ask way for me to start my description of from all sides. No one exemplifies the unanimous consent that reading of the the amendment is to go through and interest in this bill more than the Sen- amendment be dispensed with. read some portions of it so Members ator from Oregon. Senator WYDEN has The PRESIDING OFFICER. Without know what I am proposing. been very responsive to the bill that is objection, it is so ordered. There are two parts to the amend- before us. He has been here virtually The amendment is as follows: ment. It adds two new sections to the bill in order to provide meaningful new every minute this matter has been on (Purpose: To provide the Secretary of Agri- the floor. Like so many people who are culture with the authority to borrow funds authority and actual resources to pro- concerned about this, he wants this bill from the Treasury to pay for firefighting tect communities at risk from unnatu- to be completed as quickly as possible. costs that exceed funds available and to rally intense catastrophic wildfire. I think with the cooperation of the provide funding to conduct hazardous fuels We had a little bit of debate yester- Senate we can do that. reduction and burned area restoration day—and we will again today—about The PRESIDING OFFICER. The Sen- projects on non-Federal lands in and what exactly has been the problem and ator from Oregon. around communities) what the policy mistakes and failures Mr. WYDEN. Mr. President, I will be At the appropriate place, insert the fol- are here in Washington that have con- very brief. I want to recognize my lowing two new sections: tributed to this problem. friend from New Mexico who has spent SEC. ll. BORROWING AUTHORITY FOR FIRE I would suggest to you that the SUPPRESSION. major failure which has occurred here a lot of time on this bill and has an im- (a) IN GENERAL.—The Secretary of the portant amendment. Treasury shall, upon the request of the Sec- in Washington that has contributed to As we go to the amendments this retary of Agriculture, make available to the the problem is the one I am trying to afternoon—particularly those from my Secretary of Agriculture, out of any money address with this amendment; that is, side—I think it is critically important in the Treasury not otherwise appropriated, inadequate funding with which to pro- that the bipartisan compromise which such sums as may be necessary in each fiscal ceed not only to fight fires but to do was consummated yesterday in a 97-to- year to carry out fire suppression activities. the necessary thinning and the nec- The Secretary of Agriculture may make such essary restoration activities that we 1 vote on the floor of the Senate not request only if fire suppression costs exceed become unraveled today. This is, in my are all in agreement need to be made. the amount of funding available to the For- The first section that this amend- view, the only bill that can make it to est Service for fire suppression in a fiscal the President’s desk. It is a balanced year. ment would add reads as follows: I will approach on management. It ensures (b) AUDIT.—Not later than 180 days after read through the most significant parts that the public has every single oppor- the Secretary of Agriculture exercises the of it. It says: tunity to participate in the debate authority provided by this section, the In- The Secretary of the Treasury shall, upon about forestry but, at the same time, it spector General of the Department of Agri- the request of the Secretary of Agriculture— culture shall submit to the Secretary and to does not establish a constitutional And, of course, that is where the For- the Congress an audit of expenditures of est Service is located, in the Depart- right to a 5-year delay on every con- funds provided under this section. Upon a de- ceivable matter that may relate to the termination by the Inspector General that ment of Agriculture— forestry sector. specific amounts of such funds were used for make available to the Secretary of Agri- In particular, it provides for poten- purposes other than fire suppression, or upon culture, out of any money in the Treasury tially lifesaving hazardous fuel reduc- a determination that specific expenditures of not otherwise appropriated, such sums as such funds were both unreasonable and ex- may be necessary in each fiscal year to carry tion projects in our national forests. out fire suppression activities. The Secretary We have to respond to what we have cessive, the Secretary, not later than 30 days after receiving the audit of the Inspector of Agriculture may make such request only seen in California. It is a heartfelt need General, shall reimburse the Treasury, out of if fire suppression costs exceed the amount in that State. unobligated balances for the Forest Service of funding available to the Forest Service for If this legislation as set out in the for the fiscal year in which the funds were fire suppression in a fiscal year. compromise doesn’t become law, what provided, for the amounts so identified by What we are saying is we are going to we have seen in California in the last the Inspector General. do our best here to appropriate money few days, and as we saw in Oregon last SEC. ll. COMMUNITY PROTECTION AND for fire suppression; that is, fire- year, is going to be what the country BURNED AREA RESTORATION. fighting activities. But to the extent faces year after year. (a) IN GENERAL.—During fiscal years 2004 that we fall short, the Secretary of Ag- I am very interested in working with through 2008, the Secretaries shall carry out a joint program to reduce the risk of wildfire riculture can go to the Department of our colleagues in an expeditious man- to structures and restore burned areas on the Treasury and get funds with which ner. I thank Senator COCHRAN again for non-Federal lands, including county-owned to do that firefighting. all of his cooperation. Senator BINGA- lands, tribal lands, nonindustrial private We have a second part of this section. MAN has been waiting for a long time. lands, and State lands, using the authorities It is an audit provision. It says:

VerDate Mar 15 2010 22:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\2003SENATE\S30OC3.REC S30OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13602 CONGRESSIONAL RECORD — SENATE October 30, 2003 Not later than 180 days after the Secretary we are not going to add real resources time we give them much less money of Agriculture exercises the authority pro- as part of this bill, we are, in fact, that turns out to be needed for fire- vided by this section, the Inspector General making a false promise to the Amer- fighting, they have no choice but to of the Department of Agriculture shall sub- ican people. We can give all the speech- take money from other accounts in mit to the Secretary and to the Congress an audit of expenditures of funds provided under es about how we are going to pass the order to deal with that problem. They this section. Upon a determination by the In- bill, the President is going to sign it, do that. spector General that specific amounts of everything is going to be rosy, the Let me point out for the year 2002, such funds were used for purposes other than clouds are going to clear, and we are the year we had the total amount fire suppression, or upon a determination going to be in the sunny uplands—the transferred out of other accounts to that specific expenditures of such funds were broad sunny uplands, is the way fight fires was $1.02 billion. What did both unreasonable and excessive, the Sec- Churchill said it. that come from? It came from different retary, not later than 30 days after receiving The reality is, if we do not provide the audit of the Inspector General, shall re- accounts, but a big chunk of it came resources to help, it is a false promise. imburse the Treasury, out of unobligated out of accounts that are the accounts This amendment will try to help pro- balances for the Forest Service for the fiscal we are saying in the Senate are our vide those resources. year in which the fund were provided. . . . highest priority. We want money for Essentially, we are doing an audit. If The first part of the amendment allows the Forest Service to borrow forest restoration, we want money for there is any misuse of funds, if they are thinning of forests, for getting the un- used for anything other than fire sup- funds from the Treasury to pay for firefighting during the years in which derbrush out of the way so we do not pression, then the Forest Service in the have the fires. In fact, that funding is Department of Agriculture shall essen- available funds do not cover costs. Someone might say that is a pretty not available to the Forest Service be- tially take those funds out of their cause they are too busy using it to hide and deal with the situation that rare occasion, a year when the funds available do not cover the cost. Let me fight fires rather than to get ahead of way. the problem and deal with that. That is the first part of the amend- cite the last 3 years: 2001, 2002, and 2003, ment. Forest Service firefighting funding. There are many examples I will cite The second part of the amendment We have three columns on my chart: of the problem we are dealing with. In that I am offering is entitled, ‘‘Commu- The President’s request, what was ac- my home State of New Mexico, we have nity Protection And Burned Area Res- tually appropriated, and what was ac- a publication, a 1-page sheet the Forest toration.’’ It says, in general: tually spent, what we wound up spend- Service issued called ‘‘Effects of Trans- ing out of Federal Government funds to ferring Money to Fire Suppression.’’ During fiscal years 2004 through 2008, the deal with this problem. Secretaries [the Secretary of Agriculture That is what this chart is reflecting. who has jurisdiction over the Forest Service In 2001, the President requested the All of the money on the chart was and the Secretary of the Interior] shall carry Congress appropriate the budget he transferred to fire suppression, to fire- out a joint program to reduce the risk of sent us of $291 million. Fortunately, fighting. This was issued in April by wildfire to structures and restore burned through the good offices of Senator the Forest Service with regard to New areas on non-Federal lands, including coun- COCHRAN and other Members, we did Mexico. It says the 2002 fire season was try-owned lands, tribal lands, nonindustrial better than that. I very much appre- intense. The cost of suppressing these private lands, and State lands, using the au- ciate that. Senator BYRD deserves cred- fires was nearly $1.3 billion. The Forest thorities available pursuant to this section, it, as do other Members on the Demo- the National Fire Plan and the Emergency Service transferred $1 billion from Watershed Protection Program. cratic side. We appropriated $469 mil- other discretionary and mandatory ac- lion—not quite twice what the Presi- counts to defray fire suppression costs. We are talking about funds to do res- dent asked for, but it is getting close. Over $55 million was borrowed from na- toration work on land that the Federal The amount that was actually needed tional forests in Arizona and New Mex- Government doesn’t own. was $683 million. So we missed it by a ico. Some critical projects in New Mex- The second part of this talks about little—we were more than $200 million ico were postponed for up to 1 year as cost share grants. It says: short of what the Forest Service actu- a result of fire borrowing. These in- In implementing this section, the Secre- ally had to spend for firefighting in cluded wildland/urban interface fuels taries may make cost-share grants to Indian tribes, local fire districts, municipalities, that year. projects, in the Carson National For- homeowner associations, and counties, to re- In 2002, the President asked for more. est, in the Gila National Forest, in the move, transport, and dispose of hazardous He said $291 million was not enough, Lincoln National Forest, in the Santa fuels around homes and property to— how about $325 million. This is for the Fe National Forest; a contract for con- (1) prevent structural damage as a result of whole country. He said, $325 million struction of a fuel break around the wildfire, or ought to be plenty for the whole coun- community at risk in the Cibola Na- (2) to restore or rehabilitate burned areas try. In fact, we appropriated a little tional Forest was postponed for 6 on non-Federal lands. less than he asked for, $321 million. months. This is still on non-Federal lands. It What was actually needed was $1.28 bil- What they have to do when they shift says the non-Federal contribution may lion. So we missed it by not quite $1 the money out of these accounts, they be in the form of cash or in-kind con- billion. That is $1 billion that was have to put that forest thinning or for- tribution, and then it authorizes the spent by the Forest Service of funds est restoration project on hold because appropriation of $100 million in each of not appropriated to them for this fire- they cannot afford it. They are too those years, 2004 through 2008, to do fighting activity. busy fighting fires. We need the money their work, to make these grants, to In 2003, which we just finished, the to fight fires. We have caused them to help these non-Federal agencies and President said we need $421 million. do that every year. entities deal with the problems. The Appropriations Committee said no; Much of the fire we have seen on tele- let’s make it $418 million. We spent A similar problem exists in many vision in recent days is, in fact, not on over $1 billion—$1.02 billion. other States. I will indicate a few of Federal land. They are desperately in There is a shortfall each year. It is a those, States that have a great interest need of assistance from the Federal question of whether the shortfall is $1 in this legislation. I have a document Government. This is assistance that billion, a couple hundred million, but called ‘‘Summary of Effects of Trans- would be of that type and should be in every year we have done this. At least ferring Money to Fire Suppression.’’ As place every year. since this President has been in town, a result of recent fire transfers in I will go through a more complete de- we have seen a significant shortfall. which money has been transferred from scription of the amendment. The What I am trying to do is begin to ad- various Forest Service accounts to pay amendment does add two new sections dress that problem. for emergency wildfire suppression, to the bill to provide meaningful new The real problem that needs to be ad- critical Forest Service projects were authority and actual resources to pro- dressed with respect to the Forest postponed or canceled throughout the tect communities at risk from unnatu- Service situation is the practice of bor- West. There are literally hundreds of rally intense catastrophic wildfire. If rowing. Every time we do this, every examples of unfortunate consequences

VerDate Mar 15 2010 22:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\2003SENATE\S30OC3.REC S30OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 30, 2003 CONGRESSIONAL RECORD — SENATE S13603 that resulted, including canceled pre- pass a supplemental appropriations bill the truth is, we will not have dealt scribed burns, thinning projects, tim- to once again give them the money with the biggest part of the problem. ber sales, evasive weed control pro- they had originally been given but Mr. President, 77 percent of all high- grams, and emergency burned area re- could not use for that purpose. They risk areas are not on Federal lands; habilitation projects. had to use it for firefighting. they are on land owned by someone The consequences are felt beyond The events that occurred earlier this else. This second part of my amend- dangerous forest conditions, and they year are a devastating example of that. ment tries to provide some level of range from the postponement of dam I have sort of gone through that on this Federal support to those other entities safety inspection to the inability to fi- chart. The Senate approved $289 mil- to do the clearing they need to do. nalize a tribal energy development lion in extra wildfire funding in the fis- Many communities that are adjacent agreement. cal year 2003 supplemental spending to national forests are doing their part I have already given examples from bill. However, the House dropped it. to better protect themselves from the my State of New Mexico. In Idaho, On July 28, Senator BURNS correctly risk of these catastrophic wildfires. spring burning projects in the Nez stated on the floor: For example, last year—this, again, Perce National Forest were postponed. . . . without work in the House to help get is an example from my home State— A brush-cutting project in Clear- these funds, we will be facing an even more the village council in Ruidoso, NM, water National Forest could not be drastic situation. adopted new laws that set fire-resist- completed. Nonetheless, the bill that was sent to ant construction and landscaping In Montana, a hazardous fuels reduc- the President did not contain these ur- standards and established forest health tion project in the wildland/urban gently needed funds. and fire danger reduction require- interface of the Bitter Root National In my State of New Mexico, some ments. However, even with these new Forest was postponed and slated for critical Forest Service hazardous fuels requirements, just a few months ago possible cancellation. reduction projects were postponed for homeowners in Ruidoso received no- In Oregon, watershed assessments up to a year, last year, as a result of tices from insurance companies warn- and restoration activities associated borrowing to fight fires. These include ing them to thin the trees on their lots with the Biscuit Fire were delayed. Nu- projects in all these national forests I or risk losing their coverage alto- merous timber sales and wildland/ have mentioned. gether. urban interface thinning work was In February 2003, the Missoulian, Clearly, we need to assist these com- postponed. which I understand is a Montana news- munities and these homeowners to In Washington, white pine blister paper—I assume in Missoula—reported quickly accomplish that needed work. rust thinning and pruning projects that because of fire borrowing, Mon- We need to attack the problem in a were deferred. tana and northern Idaho forests ‘‘lost comprehensive way. If we reduce fuels In California, nearly $6 million was about $80 million, including $25 million on public lands, Federal lands, without transferred out of forest health vegeta- intended for the repair and replanting also treating the adjacent non-Federal tion management and ecological res- of forests burned two years earlier on lands, we will not adequately protect our communities. toration accounts in 2003, resulting in the Bitterroot National Forest.’’ I think anyone who has watched tele- having to withdraw stewardship con- Moreover, as evidenced last year by a vision for the last several days has to tracts for wildland/urban interface $200 million shortfall, the supplemental believe that is the case. Obviously, fuels reduction projects and the failure appropriations often are not sufficient many of these subdivisions are not on to complete prescribed burns. to provide full repayment to the pro- Federal land. They are, in some cases, So this issue of borrowing is serious. grams that have been raided. adjacent to Federal land, but much of It is one that we need to address as So what you have, as we spend what the thinning that has to occur, in order part of this bill. we have on fighting fires—and there is to protect communities, is not I commend Senator BURNS and Sen- no choice about that—the Forest Serv- thinning on Federal lands. ator DORGAN, who are the chairman ice gives up funds that were intended A lack of adequate funding for forest and ranking member of the Interior for other purposes. In many cases, this health projects continues to constrain Appropriations Subcommittee, for restoration work, that we all are now our efforts to actively manage the for- their efforts to secure $400 million to saying is so important—and I certainly ests to reduce the threat of fire and in- repay the accounts from which the agree is so important—then we never sects and disease. agencies have borrowed to fight fires. get around to giving them the full Three years ago, Congress found that Now, what happens each year, when money. We never get around to replac- funding was the main obstacle to im- we, in fact, give the Forest Service less ing all the funds that we have taken. proving forest health and reducing the money for firefighting than they need, Mr. President, let me talk a little threat of unnaturally intense cata- we have to come back the next year in about the second part of my amend- strophic fire. supplemental appropriations and ask ment. The second part of the amend- Specifically, we created the National for funds with which to pay back those ment provides $100 million annually to Fire Plan. The National Fire Plan accounts so they can hopefully get reduce fire risk and restore burned talked about $1.6 billion in new funding back to those projects they had to areas on non-Federal lands. for programs to improve forest health postpone. The Forest Service’s own researchers conditions. At that time, we all agreed My understanding is that this state that 77 percent of all high-risk on the need to sustain a commitment amount, this $400 million, was included areas are on non-Federal lands. In addi- to the National Fire Plan over a long in the conference report that was tion, the National Academy of Public enough period to make a difference. We agreed upon Monday night. I also ap- Administration, in their 2002 report, were talking about perhaps 15 years. preciate Senator BURNS’ comments found that 47 percent of acres burned That meant, at a minimum, sus- that the $400 million is not the final each year are on non-Federal lands. taining the fiscal year 2001 funding lev- word. I believe he said this is especially They concluded that decreasing the els for all components of the fire plan. true since the Forest Service alone ac- fuel on all owners’ lands is needed to Unfortunately, we have not followed tually borrowed $695 million from other address the large scope of the fire haz- through. The administration has sys- programs so far in this last year. ard problem. tematically and continually proposed However, this year-to-year approach So the second part of the amendment major cuts from that level. In some to the fire-borrowing problem is not an I am offering provides real assistance cases, they have proposed zeroing out adequate solution. Even when our Sen- to States and to local partners to con- critical programs within the National ate appropriations colleagues do every- duct projects that will complement the Fire Plan, including this burned area, thing they can to make sure these ac- work we are trying to do in national restoration, and rehabilitation, the counts are repaid every year, on-the- forests and on public lands. economic action programs, the commu- ground restoration work is delayed—it If we send a bill to the President nity and private fire assistance. is substantially delayed—while the which just deals with the issue on Fed- The administration proposed these Forest Service waits for Congress to eral lands, and then declare victory, extreme cuts and the elimination of

VerDate Mar 15 2010 22:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\2003SENATE\S30OC3.REC S30OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13604 CONGRESSIONAL RECORD — SENATE October 30, 2003 funding, notwithstanding the clearly Mr. REID. Mr. President, I ask that Chief to look at a variety of mecha- identified demand for these programs. the applicable sections of the Budget nisms that fit the funding shortfalls We hear that demand from commu- Act be waived. that we need to create the new mecha- nities in all of our States where forest The PRESIDING OFFICER. Is the nisms necessary. But I don’t believe fires have burned in excess in recent Senator making a motion? that direct ability to borrow from the years. Mr. REID. I am. U.S. Treasury by an agency itself, This provision, this amendment that Mr. COCHRAN. I ask for the yeas and without the authority of the author- I am offering, will also provide actual nays on that. izing committee and the appropriators, dollars to restore the burned areas on The PRESIDING OFFICER. Is there a is an approach we ought to undertake non-Federal lands. After a fire is extin- sufficient second? at this time. It is, however, an issue guished, communities often face equal- There appears to be a sufficient sec- whose time has come, and we ought to ly hazardous threats from landslides ond. deal with it in the appropriate fashion. and flooding. There has been very little The yeas and nays were ordered. The PRESIDING OFFICER. The Sen- attention to that as yet because the The PRESIDING OFFICER. The Sen- ator from Oregon. fires continue to burn in California. ator from Idaho. Mr. WYDEN. Mr. President, I have But once those fires are out, we will Mr. CRAIG. Mr. President, let me already indicated I want to make sure start hearing about flooding and land- speak very briefly to the amendment of the compromise we voted on yesterday slides. There needs to be assistance to the Senator from New Mexico. I will be does not unravel. I will support the deal with that as well. very brief. It is a debatable motion. amendment of the Senator from New In creating the national parklands 3 Mr. WYDEN. Parliamentary inquiry. Mexico because I believe it will allow years ago, Congress provided $142 mil- The PRESIDING OFFICER. The Sen- us to go forward and make sure the lion for burned area restoration and re- ator from Idaho has the floor. Will the work that the bipartisan group did is habilitation. Nonetheless, in its fiscal Senator yield for an inquiry? not in vain. year 2002 budget request, the adminis- Mr. CRAIG. For a parliamentary in- The bottom line is very simple: To tration requested $3 million—not $142 quiry only. get the money to put the fires out, fire million—for burned area restoration Mr. WYDEN. I ask unanimous con- suppression, you have to go out and and rehabilitation. In fiscal year 2004, sent to be recognized very briefly after steal from every single Forest Service they requested no funds for this ac- Senator CRAIG before we go to a vote. program around and then hope that at count. The PRESIDING OFFICER. Without some point down the road you are The amendment I am offering will objection, it is so ordered. going to get repaid. It makes a mock- provide funds for urgent community Mr. CRAIG. Mr. President, I will be ery out of any effort to responsibly needs for activities such as soil sta- brief. The Senator from New Mexico budget in this area. In our part of the bilization after fires occur. The ques- makes eminently good sense. There is world, we see, in effect, funds robbed tion we are faced with today is: Are we no question that we have a funding from nonprofit organizations such as going to legislate solutions that will problem. I have spoken with the Assist- Wallowa Resources, a small nonprofit really make a difference on the ant Secretary and the Chief. I chair the in eastern Oregon. ground? Forestry Subcommittee and the com- My only concern about putting this I very much appreciate the provision mittee on which the Senator is the in the Cochran amendment that au- off is that if we don’t deal with this ranking member. What I am suggesting issue now, the question is, When will thorizes $760 million, but as we all we do—because the motion that has know, authorizing a certain level of we deal with it? This is an extraor- just been made in this budget point of dinarily important question. It will funding in the Congress is not an ade- order is an appropriate one—is to reex- quate solution. In fact, agency officials not, in my view, unravel the com- amine the whole funding mechanism of promise which I will fight like crazy to tell me under current law there is no the Forest Service. Your figures are ac- ceiling on the amount of money that protect, despite the fact that I think curate. The kinds of programs that go what the Senator from Mississippi and could be appropriated to address this unfunded now, that would help to begin problem. Providing actual dollars, as the Senator from Idaho have said has to correct our forest health problem my amendment does, clearly is part of considerable validity as well. that is in part driving these fires, is a the solution. I hope we will support this amend- very real question. I urge my colleagues to support both ment and then figure out in the course As you know, the Forest Service used sections of this amendment. This is an of the afternoon some way in which we to have a cash cow. We called it log- important issue. I believe that if we can find some common ground on this ging. Those revenues flowed in, and pass this legislation without dealing issue. Today the process of just steal- money moved around from different ac- with both of these issues—the bor- ing from every program around to fight counts. You could borrow, as we did rowing problem and the problem of not fires really becomes almost farcical. during fire seasons, and they got re- providing funds for work on non-Fed- The Bingaman amendment responds to plenished. So you raise a very impor- eral lands—we will be falling far short that. I hope my colleagues will support tant point. But it is a point that we of where we should be. it. I urge my colleagues to support the need to totally reexamine. To actually The PRESIDING OFFICER. The Sen- amendment. allow the Forest Service to borrow ator from New Mexico. I ask unanimous consent that Sen- from the Treasury without going Mr. BINGAMAN. Mr. President, let ator REID of Nevada be added as a co- through the appropriating process, in me briefly respond. I know the point of sponsor of the amendment. my opinion, doesn’t really give us the order has been made. A motion has The PRESIDING OFFICER (Mr. kind of fiscal control and responsi- been made to waive the Budget Act. ALEXANDER). Without objection, it is so bility we all ought to have. First, I ask unanimous consent to ordered. Certainly as ranking member of the add Senator CANTWELL as a cosponsor Mr. BINGAMAN. I yield the floor. authorizing committee and as a mem- of the amendment. The PRESIDING OFFICER. The Sen- ber of the authorizing committee my- The PRESIDING OFFICER. Without ator from Mississippi. self, you and I, on an annual basis, objection, it is so ordered. Mr. COCHRAN. Mr. President, after ought to aggressively look at this Mr. BINGAMAN. I appreciate the looking at this amendment, I see it budget, knowing that we have fallen good intent of my friend from Idaho in clearly increases mandatory spending far short, and deal with it in an appro- saying that this is something on which and, if adopted, would cause the under- priate way. But we have not done that. we ought to start working or on which lying bill to exceed the committee’s You recognized, appropriately, the we ought to work. The reality is, this section 302(a) allocation. Therefore, I Senator from Montana, who chairs the is our best chance. This legislation is raise a point of order against the Subcommittee on Interior that funds likely to go to the President, likely to amendment pursuant to section 302(f) this, and others. We ought to get at it be signed into law in some form. If we of the Congressional Budget Act of in an aggressive way. I have already don’t take the opportunity this legisla- 1974. tasked the Assistant Secretary and the tion presents to fix this problem, it

VerDate Mar 15 2010 22:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\2003SENATE\S30OC3.REC S30OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 30, 2003 CONGRESSIONAL RECORD — SENATE S13605 will remain unfixed. We can have all of The PRESIDING OFFICER. The everyone to know we are doing our best the assurances we want from the ad- question is on agreeing to the motion. over here to move these amendments. ministration, but the reality is, the ad- The yeas and nays have been ordered. We have a lot of them over here. We ministration is under very severe budg- The clerk will call the roll. are trying to move them. We can’t do etary restraints as it goes into this The assistant legislative clerk called it if we waste a lot of time on these next year. We in Congress are under the roll. votes. I want everyone within the very severe budgetary restraints. Ev- Mr. REID. I announce that the Sen- sound of my voice to know that we eryone around this place is going to be ator from North Carolina (Mr. cannot finish the bill if these votes looking for ways to save money. That EDWARDS), the Senator from Massachu- take 30 or 40 minutes. Everyone should means that when it comes to actually setts (Mr. KERRY), and the Senator understand that. providing the resources to fight fires, from Connecticut (Mr. LIEBERMAN) are There are going to be people coming the course of least resistance is to do necessarily absent. and asking: When can we leave? I have what we have always been doing, what I also announce that the Senator a plane. Are we going to have votes to- President Bush has done in the last from Nebraska (Mr. NELSON) is absent morrow? several years: Ask for way too little attending a family funeral. We will have votes for days, the way money for firefighting. And then, when I further announce that, if present this is going. We cannot finish this bill it turns out that you need an extra bil- and voting, the Senator from Massa- tonight with these votes taking as long lion dollars, tell the Forest Service to chusetts (Mr. KERRY) would vote as they are taking. I am disappointed, take it out of their other accounts. ‘‘yea’’. frankly, that the majority leader That is exactly what we have done in The PRESIDING OFFICER. Are there wasn’t here to terminate the first vote. the last several years. We are getting any other Senators in the Chamber de- If we limit votes to 20 minutes, people ready to do that again. I, for one, am siring to vote? would stop straggling in. It is not fair not persuaded that the concern the The yeas and nays resulted—yeas 36, to the Senate. Senator from Idaho has expressed here nays 60, as follows: Mr. COCHRAN. Mr. President, the is shared by all in the administration. [Rollcall Vote No. 421 Leg.] Senator from Nevada is exactly correct I am confident he believes the issue is YEAS—36 in the fact that we are going to have to one that should be addressed. But each have more cooperation to move this of us, as we know, has different prior- Akaka Durbin Leahy Baucus Feinstein Levin bill along. We agreed before this vote ities for what needs to be addressed. I Bayh Graham (FL) Mikulski that we could cut off votes after 20 would say this is a fairly low priority Biden Harkin Murray minutes. We had the endorsement of for the people putting the administra- Bingaman Hollings Nelson (FL) that by the majority leader. But be- tion’s budget proposal together, which Boxer Inouye Reed Cantwell Jeffords Reid cause Senators were on their way to we are going to receive this next Janu- Clinton Johnson Rockefeller vote and people told us they were on ary. Corzine Kennedy Sarbanes their way to vote, the vote dragged out I very much think this issue needs to Daschle Kohl Schumer longer than that. be addressed as part of this bill. Again, Dayton Landrieu Stabenow Dodd Lautenberg Wyden I hope Senators will cooperate with as I said a couple of times in my earlier the managers of the bill and leadership statement, if we pass this bill without NAYS—60 and let’s get here and vote when the addressing the resource problem and Alexander Crapo Lugar buzzer sounds and not wait until the the borrowing problem I am trying to Allard DeWine McCain Allen Dole McConnell last minute. These votes are going to get at in my amendment, we can give Bennett Domenici Miller be cut short. I hope everyone will co- all the speeches we want, issue all the Bond Dorgan Murkowski operate with us. press releases, have all the press con- Breaux Ensign Nickles Mr. REID. Mr. President, with the ferences we want saying what a great Brownback Enzi Pryor Bunning Feingold Roberts understanding of the manger of this thing we have done for the American Burns Fitzgerald Santorum bill, I ask unanimous consent that the people, but 77 percent of the areas at Byrd Frist Sessions Senator from Montana, Mr. BAUCUS, be highest risk are not going to have any Campbell Graham (SC) Shelby Federal resources available to them. Carper Grassley Smith recognized for 15 minutes to speak on Chafee Gregg Snowe the bill and whatever else he wishes to In addition to that, the thinning ac- Chambliss Hagel Specter tivity, much of the forest restoration Cochran Hatch Stevens speak on; further, the Senator from activity we all say we favor, is not Coleman Hutchison Sununu New Mexico, Mr. BINGAMAN, who still going to be funded. So we need to deal Collins Inhofe Talent has a number of other amendments Conrad Kyl Thomas that he wishes to be offered be recog- with this as part of this bill. Cornyn Lincoln Voinovich Frankly, I am sorry to see the deci- Craig Lott Warner nized to offer the next amendment. The PRESIDING OFFICER. Is there sion has been made to try to deal with NOT VOTING—4 this as a procedural vote. I think this objection? Without objection, it is so Edwards Lieberman ordered. is an important enough issue that we Kerry Nelson (NE) ought to have an up-or-down vote on it The Senator from Montana. and let people express their point of The PRESIDING OFFICER. On this Mr. BAUCUS. Mr. President, first, I view. When you raise a Budget Act vote, the yeas are 36, the are nays 60. thank my friend, the Senator from Ne- point of order, basically what you are Three-fifths of the Senators duly cho- vada, and the managers of the bill for saying is this is not a big enough pri- sen and sworn not having voted in the their accommodation. ority to justify changing the way the affirmative, the motion is rejected. It is vital that we pass this legisla- budget now sits. If that is the conclu- The point of order is sustained and the tion this year. sion of most Members of the Senate, amendment falls. Montana recently suffered from dev- then I think shame on us. If we have Mr. COCHRAN. Mr. President, I move astating wildfires, as have other west- the fires going in California, we have to reconsider the vote. ern States. As the Senator from Cali- all the other problems we all talk Mr. REID. I move to lay that motion fornia, Senator FEINSTEIN pointed out about, and we are not willing to put on the table. repeatedly, the current news from that to the front of the priority list, The motion to lay on the table was Southern California is a painful re- then I think shame on us. agreed to. minder of a very large problem. I very much prefer to see us have an The PRESIDING OFFICER. The Across this country forests are up-or-down vote on this amendment. Democratic leader. threatened by insects, disease and the Obviously, that is not possible now Mr. REID. Mr. President, I would like build up of hazardous fuels. The im- with the Budget Act point of order and to ask how long that vote took. pacts of these conditions are real. And the motion to waive the Budget Act. The PRESIDING OFFICER. Twenty- they play out year after year, fueling I will yield the floor, but I urge my nine minutes. large fires that destroy lives and colleagues to support the motion to Mr. REID. Mr. President, I don’t homes, diminish water and air quality, waive the Budget Act. know what more we can do here. I want and destroy wildlilfe habitat.

VerDate Mar 15 2010 22:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\2003SENATE\S30OC3.REC S30OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13606 CONGRESSIONAL RECORD — SENATE October 30, 2003 The cost of containing these large What I believe this legislation does He also rebutted the lawsuit’s contention fires is staggering, straining State and do is help keep the process open and that the timber sale would cut into the Federal budgets and devastating local honest. I ask unanimous consent that Kootenai forest’s declining base of old- growth trees. economies. an article for today’s Missoulian news- The forest is, in fact, staying out of des- There are many reasons for the situa- paper, from Missoula, MT, be printed in ignated old-growth areas, Castaneda said. tion we are in today, ranging from the RECORD. In the lawsuit, the Alliance and the Lands weather and natural cycles to urban There being no objection, the mate- Council cite the Forest Service’s own envi- sprawl and the fire suppression policies rial was ordered to be printed in the ronmental impact statement, which said the of the past. RECORD, as follows: Garver sale would likely have adverse affects We can’t do anything to change the GROUPS FILE LAWSUIT OVER KOOTENAI on every sensitive old-growth species in the Kootenai: fishers, wolverines, flammulated weather and we certainly can’t change FOREST TIMBER SALE owls, black-backed woodpeckers, northern (By Sherry Devlin) the past, but we can use today’s knowl- goshawks and others. edge and the wisdom of our experience HARVEST THREATENS WATER, ‘‘It is time for the Forest Service and the to do better. ENVIRONMENTALISTS ARGUE Bush administration to start cleaning up our Neglecting the problem is not the an- Environmentalists filed another lawsuit streams and protecting our wildlife instead swer; nor is more talk. We have to try against the Kootenai National Forest on of subsidizing timber corporations and a new approach. The compromise Tuesday, hoping to stop a 12.5 million-board- breaking the law,’’ Garrity said. healthy forests bill is not perfect, but I foot timber sale they believe would pollute News of the lawsuit was a double-blow to an already degraded stream. believe it offers options to more effi- Jim Hurst, co-owner of Owens and Hurst At almost the same time, not knowing a Lumber Co. in Eureka. He, too, had bid on ciently address our forest health prob- lawsuit had been filed, the Forest Service the Garver sale but lost out to the north lems and the consequences they have awarded a contract for the Garver timber Idaho mill. on real people. I also believe this bill sale to Riley Creek Lumber Co.—which bid Now, he said, the lawsuit has the potential will help put people in rural commu- $1.3 million over the advertised price of to make things even worse for lumbermen. nities back to work in the woods, espe- $230,000. ‘‘It’s just more of the same,’’ Hurst said. Filed by Alliance for the Wild Rockies and cially in my State of Montana. ‘‘Nothing coming from the environmental The Lands Council, the complaint seeks to community would surprise me anymore.’’ I have said over and over again that stop the Garver sale on grounds it violates Another lawsuit filed earlier this year by a healthy forests bill must first allow the Clean Water Act and destroys habitat for The Ecology Center stopped several timber federal agencies and communities to species that depend on old-growth trees. sales on the Kootenai forest, some of which address dangerous fuel loadings on a The groups used a similar lawsuit to stop were bound for Hurst’s Eureka mill. local level, quickly and efficiently. the Lolo National Forest from logging in The Kootenai’s timber sale program has Second, it must support small, inde- areas burned by wildfires during the summer decreased by 75 percent since 1989. of 2000. Mr. BAUCUS. Mr. President, this ar- pendent mills and put local people to In that case, environmentalists success- work in the forests and the mills. fully argued that the logging would degrade ticle demonstrates why the provisions Third, it must promote and protect cit- water quality in streams identified as of this bill would be beneficial to mov- izen involvement and be fair to the ‘‘water-quality impaired’’ by the state of ing fuel reduction projects forward. principles underlying the federal judi- Montana. This article describes a lawsuit filed cial system. And finally, it must pro- Until the state of Montana sets ‘‘total to stop a timber sale after the timber tect and help restore special and sen- maximum daily load’’ figures for the sale had been awarded. As I understand streams, the Forest Service cannot ade- the situation, the lawsuit was based on sitive places like wilderness areas. quately judge how much additional sediment I think we have achieved that with the streams can handle, the lawsuit said. an issue that had not been raised at this legislation. Federal District Judge Don Molloy agreed, any time during the environmental re- People impacted by forest health shutting down all post-burn logging until view process or the administrative ap- problems don’t belong to just one polit- TMDL figures are available. peals process. It was sprung at the last ical party. In the Garver sale, the at-risk stream is minute just to delay and stop the sale. This is a problem that requires all the West Fork of the Yaak River, which is It was sprung even after the Forest sides to work together. I would like to also listed as water-quality impaired. Logging caused the West Fork’s problems, Service was thanked by other groups commend the tremendous efforts of my and more logging will make them worse, said for doing a better job to address old Democratic and Republican colleagues, Michael Garrity, executive director of Alli- growth issues that had been raised ear- including Senators FEINSTEIN, WYDEN, ance for the Wild Rockies. lier. COCHRAN, CRAIG, CRAPO, MCCAIN and ‘‘It is exactly the same issue as in the Now, I know that this article is about LINCOLN, who along with several other Lolo,’’ Garrity said. ‘‘Instead of wasting the a timber sale and not a hazardous fuels Senators and myself worked very had court’s time and money, the Kootenai should project, but the same concerns apply. If just follow the judge’s ruling.’’ to put together the compromise on (The Forest Service has appealed Molloy’s someone has particular concerns about healthy forests that I am proud to sup- decision to the 9th Circuit Court of Appeals.) the impact of a proposed project, the port and co-sponsor. At Kootenai forest headquarters, Super- compromise healthy forests bill very This was no small feat; this bill visor Bob Castaneda did not know a lawsuit appropriately requires that they raise touches on some very divisive issues had been filed until contacted by the that issue during the administrative that I wasn’t sure we would ever find a Missoulian. He quickly and vigorously de- review process before they can file a way to solve. But, we did and that is fended his staff, which had just awarded the lawsuit. timber sale to Riley Creek Lumber. why we are here today having a serious ‘‘Ever since the Lolo decision, our ap- No one is saying the public’s con- conversation about actually passing a proach has been to have a good analysis of cerns are not valid and that they bill. the watershed and to use best management should not have every right to raise I believe the compromise healthy for- practices,’’ Castaneda said. ‘‘We think those concerns, and appeal projects est bill is responsive to our need to through some restoration efforts and by fol- that they do not feel address their con- more efficiently reduce the threat of lowing BMPs, we can improve the current cerns. But, they should not be allowed wildfire while ensuring adequate envi- watershed condition.’’ to use the process simply to stop and ronmental protections, citizen partici- Would the logging pollute the West Fork of delay. That’s only fair. Particularly the Yaak? ‘‘No,’’ Castaneda said. ‘‘I just pation, and an independent judiciary. don’t agree with their statement. We worked when we are talking about projects There is nothing in this legislation very closely with the Yaak Valley Forest like those contemplated by the com- that undermines existing environ- Council and used a lot of their recommenda- promise healthy forests bill, which are mental laws, or a person’s ability to be tions in making the decision. They worked projects intended to reduce the risks of involved in decisions that impact their closely with us.’’ dangerous fires. The compromise public lands. In fact, this legislation The Kootenai forest did a number of water- Healthy Forests bill simply requires requires citizen collaboration beyond quality surveys in the Yaak this past sum- citizens to be thoughtful and thorough existing law—current law does not re- mer, he said, and the preliminary results are encouraging. when they oppose projects. quire the secretary to encourage cit- ‘‘They’re telling us the water quality is This in turn helps the agencies be izen collaboration or to hold a public much better than what the state suggested,’’ more efficient, because they can do a meeting on proposed projects. Castaneda said. better job of addressing controversial

VerDate Mar 15 2010 22:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\2003SENATE\S30OC3.REC S30OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 30, 2003 CONGRESSIONAL RECORD — SENATE S13607 issues—like old growth—earlier in the courtesy and also for the extraordinary munity Forestry and Open Space Pro- process, without wondering what might job he has done in bringing together gram, within the U.S. Forest Service, be coming at them from left field. This people of diverse views on this critical to support locally driven, market-based is a good example of why the com- issue of forest management. I also land conservation projects that will promise bill will have real, positive im- thank the Senator from New Mexico preserve our working forests and pacts on the ground. for agreeing to let me deliver my com- farms. Keeping Montana’s small timber ments before he offers his amendment. Locally driven and market based are mills and forest workers in business is Responsible management of our Na- the essential aspects of this program. a top priority for me because of their tion’s forests is vital to preventing the This program is locally driven because importance to rural economies. But, highly destructive forest fires that we it encourages communities and non- the fact, is we also need this industry are seeing plaguing the West and also profit organizations to work together to accomplish the hazardous fuel re- to protecting our ecosystems. I am with landowners to help promote sus- duction work on the ground. very pleased the Senate is moving for- tainable forestry and public access. I worked in committee to ensure this ward with this important issue which I The program will allow local govern- legislation provides support for build- know matters greatly to the Presiding ments and nonprofits to compete for ing a thriving forest industry in rural Officer as well. funds and hold title to land or ease- communities. In particular, I worked No discussion of a responsible forest ments purchased with programmed with Senators CRAPO and LEAHY to de- management system would be com- funds. Projects funded over this initia- velop the Rural Community Forestry plete, however, without addressing an- tive must be targeted at lands located Enterprise Program, included in Title other threat to our Nation’s working in parts of the country that are threat- VII of the bill. The Rural Community forests and open spaces; that is, subur- ened by sprawl. In addition, the legisla- Forestry Enterprise Program, is in- ban sprawl. Sprawl threatens our envi- tion requires that Federal grant bonds tended to give a much needed economic ronment and our quality of life. It de- be matched dollar for dollar by State, boost to small businesses and small stroys ecosystems and increases the local, or private resources. mills in rural communities, particu- risks of flooding and other environ- This program is market driven be- larly those in Montana that have been mental hazards. It burns the infra- cause it relies upon market forces rath- hit hard in recent years. structure of the affected communities, er than government regulations to The Program would establish forest increases traffic on neighborhood achieve its objectives. Rather than pre- enterprise centers around the country, streets, and wastes taxpayer money. It serving our working forests and open including one in Montana, that would leads to the fragmentation of wood spaces by zoning or other government do the following: Ensure that the lots, reducing the economic viability of regulation at the expense of the land- Small Business Administration timber the remaining working forests. owner, this program will provide the set-aside program works better for Sprawl occurs because the immediate resources to allow a landowner who Montana and other small mills; en- economic value of forests or farmland wishes to keep his or her land as a hance technical and business manage- cannot compete with the immediate working farm or wood lot to do so. The legislation also protects the ment skills training; organize coopera- economic value of developed land in rights of property owners with the in- tives, marketing programs, and worker the areas that are experiencing rapid skill pools; facilitate technology trans- clusion of a ‘‘willing seller’’ provision growth. fer for processing small diameter trees No State is immune from the dangers that will require the consent of a land- and brush into useful products; and en- of sprawl. For example, the Virginia owner if a parcel of land is to participate in the program. hance the rural forest business infra- State Forester says that since 1992 the The $50 million that would be author- structure needed for a fuel reduction Commonwealth of Virginia has lost ized would help achieve a number of program on both private and public 54,000 acres of forest land per year to lands. stewardship objectives. First, the other uses. The Southeastern Michigan Keeping small mills in Montana in amendment would help prevent forest Council of Governments recently re- operation is a top priority for me. fragmentation and preserve working These businesses are vitally important ported that southeastern Michigan saw forests, helping to maintain the supply to rural economies, providing good- a 17-percent increase in developed land of timber that fuels Maine’s most sig- paying jobs and revenue to local com- between 1900 and 2000. nificant industry. Second, the re- In my home State of Maine, suburban munities. I support this legislation be- sources would be a valuable tool for sprawl has already consumed tens of cause I believe we do have a serious communities that are struggling to thousands of acres of forest land. The problem with hazardous fuel build-up manage growth and to prevent sprawl. problem is particularly acute in south- in our National Forests that we must Currently, if a town such as Gorham, ern Maine where a 108-percent increase solve sooner rather than later. ME, or another community is trying to I also believe the bi-partisan Healthy in urbanized land over the past two cope with the effects of sprawl and Forests bill has the elements necessary decades has resulted in the labeling of turns to the Federal Government for to allow local citizens and leaders to the greater Portland area as the assistance, they would find there is no make wise decisions that address this ‘‘sprawl capital of the Northeast.’’ program. My proposal would change I am particularly alarmed by the problem efficiently and effectively. We that by making the Federal Govern- amount of working forest and open need to pass this bill. ment an active partner in preserving This is not a problem that we will space in southern and coastal Maine forest land and managing sprawl, while solve overnight, or even in the next few that has given way to strip malls and leaving decisionmaking at the State years. But, we have to start some- cul-de-sacs. Once these forests, farms, and local level where it belongs. where, and this is a great place to and meadows are lost to development, There is great work being done in start. they are lost forever. Maine is trying Maine and in other States to protect I am proud to support this com- to respond to this challenge. The peo- our working forests for future genera- promise. I ask all of my colleagues to ple of my State have approved a $50 tions. I am grateful for the many orga- take a bold step and support it as well. million bond to preserve land through nizations that are lending support to Mr. COCHRAN. Mr. President, I ask the Land For Maine’s Future Program, this effort and which have also en- unanimous consent that, notwith- and they contribute their time and dorsed my legislation. There is a na- standing the order previously entered, their money to preserve important par- tionwide network of organizations that the distinguished Senator from Maine cels and to support our State’s 88 land have endorsed my proposal, including be recognized up to 10 minutes. trusts. It is time for the Federal Gov- the National Association of State For- The PRESIDING OFFICER. Without ernment to help support these local esters, the New England Forestry objection, it is so ordered. community-based efforts. Foundation, the Nature Conservancy, The Senator from Maine, Ms. COL- For these reasons, I will be offering the Trust for Public Lands, the Land LINS. an amendment, along with Senator Trust Alliance, and many others. Ms. COLLINS. Mr. President, I thank HARKIN, that establishes a $50 million By adopting this proposal and incor- the Senator from Mississippi for his grant program, the Suburban and Com- porating it into this bill, Congress can

VerDate Mar 15 2010 22:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\2003SENATE\S30OC3.REC S30OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13608 CONGRESSIONAL RECORD — SENATE October 30, 2003 provide a real boost to conservation expands where this slash is not prop- New Mexico. It opens up the Forest initiatives, help prevent sprawl, pre- erly treated. Everyone agrees it is im- Service to legal challenges if someone serve special open places, forest lands, portant to conduct these followup has the opinion that the plan is inad- and farms, and help sustain natural re- treatments in locations where fuel re- equate for some reason. It forces the source-based industries. duction projects have been completed Forest Service to set up a new system I thank Senator COCHRAN in par- in order to prevent the area from re- for tracking the implementation of ticular for his assistance on this legis- turning to the condition that puts fuels treatment projects, and any fol- lation. It is always a great pleasure to these locations at high risk of unnatu- lowup treatments to them. work with him. I hope this proposal rally intense catastrophic wildfire. The amendment would add new re- will be incorporated into the final bill. There is a recent GAO analysis in my porting processes to hazardous fuel Thank you, Mr. President. State that found the Forest Service work. The amendment calls for the de- The PRESIDING OFFICER (Mr. and the BLM completed about only 19 velopment of a plan which is already CRAPO). The Senator from Mississippi. of 39 followup slash treatments in a required but requires the agencies to Mr. COCHRAN. Mr. President, I timely manner. develop multiyear treatment plans and thank the distinguished Senator from In addition, the GAO found the agen- report on those plans on an annual Maine for her contribution to the legis- cies’ reported figures for the acres basis. lation we have before us today. She has treated were inflated because they had The whole purpose of this legislation been a leader in this effort, and we al- double-counted acres where the same is to try to help simplify and get the ways appreciate the opportunity of acreage was treated in multiyear work done that needs to be done to re- working with her. I thank her for her phases. Where you have this kind of a duce the chances of devastating fires kind comments as well. slash treatment necessary, we are get- like we have seen in California, to The PRESIDING OFFICER. The Sen- ting inaccurate accounting by the For- manage the forests in a more effective ator from New Mexico. est Service and by the BLM. way, a safer way, for those who live in AMENDMENT NO. 2035 This is troubling because it means those areas, and to get more done in Mr. BINGAMAN. Mr. President, I the Forest Service and the BLM are terms of enhancing survivability from send an amendment to the desk and providing inaccurate data with respect insect infestation and generally im- ask for its immediate consideration. to the number of acres on which this prove the overall health of our national The PRESIDING OFFICER. The fire threat is actually being addressed. forest resources. clerk will report. My amendment tries to ensure there is The Forest Service is going to end up The assistant legislative clerk read accurate accounting. In my view, it is spending more time, the Bureau of as follows: a simple and straightforward amend- Land Management as well, in their of- The Senator from New Mexico [Mr. BINGA- ment. I do not see why it should be fices working on plans, than out doing MAN] proposes an amendment numbered 2035. controversial. It is a minor matter in the work that they were actually hired Mr. BINGAMAN. Mr. President, I ask the eyes of some, but the Forest Serv- to do under existing legislation. This unanimous consent that reading of the ice’s failure to properly manage this amendment is, as I have said before, a amendment be dispensed with. slash treatment has worsened the fire recipe for gridlock. I urge that the The PRESIDING OFFICER. Without risk in some areas. Obviously, the amendment be opposed. objection, it is so ordered. focus of this legislation is to reduce I don’t know of any other Senators The amendment is as follows: that fire risk. who wish to speak on the amendment. (Purpose: To require the treatment of slash I think it is an appropriate amend- I will be prepared to move to table the and other long term fuels management for ment. I hope this is something the amendment when those who want to hazardous fuels reduction projects) managers of the bill could accept. If speak have been heard. At the appropriate place, insert the fol- not, obviously we can have a vote on it. The PRESIDING OFFICER. The Sen- lowing new section: Let me just briefly describe the ator from New Mexico. ‘‘SEC. . LONG-TERM FUEL MANAGEMENT. amendment in a little more detail and Mr. BINGAMAN. Mr. President, let In implementing hazardous fuels reduction essentially read it. It says: me just say that I think this amend- projects, the Secretaries shall ensure that— In implementing hazardous fuels reduction ment is anything but a prescription for (1) a slash treatment plan is completed; projects, the Secretaries— gridlock. There is the suggestion that (2) acres are not identified as treated, in That is the Secretary of Agriculture all sorts of new program accomplish- annual program accomplishment reports, ment reports are going to be required. until all phases of a multi-year project such and the Secretary of the Interior— as thinning, slash reduction, and prescribed shall ensure that— Those reports are currently produced. burning are completed; and a slash treatment plan is completed; And the real issue is, do we get proper (3) a system to track the budgeting and im- acres are not identified as treated, in an- accounting in those reports or do we plementation of follow-up treatments shall nual program accomplishment reports, until not? The GAO has told us we do not. be used to account for the long-term mainte- all phases of a multi-year project such as Each year they give us an accomplish- nance of areas managed to reduce hazardous thinning, slash reduction, and prescribed ment report, and they list acreage on fuels.’’ burning are completed; and a system to track the budgeting and imple- which they have not completed the for- Mr. BINGAMAN. Mr. President, this mentation of follow-up treatments shall be est restoration work. They have done amendment deals with the issue of the used to account for the long-term mainte- one of the phases of that forest restora- treatment of long-term fuel manage- nance of areas managed to reduce hazardous tion work, and then the next year they ment and treating what is called slash. fuels. take credit for that acreage again by Many fuel reduction projects require Mr. President, I yield the floor. doing another phase. The next year two or more sequential treatments The PRESIDING OFFICER. The Sen- they take credit for that acreage again over several years on the same parcel ator from Mississippi. by doing another phase. of land—for example, an initial timber Mr. COCHRAN. Mr. President, I am All we are saying is that acres should harvest, followed by the piling and advised this amendment would really not be identified as having been treated burning of slash, which is, obviously, be a recipe for gridlock in that it man- in these annual reports, which are al- the brush and trees that have been cut dates new requirements for the Forest ready provided, until they have done down. Service as well as the Bureau of Land all of the different phases—the Completing these followup slash Management—processes they have to thinning, slash reduction, and the pre- treatments in a timely manner is a carry out and go through before they scribed burning. very important part of forest restora- can engage in any fuel treatment proc- We are not requiring additional re- tion work. It is important because the esses. ports. We are requiring accurate re- slash provides fuel for wildfires, and it It would require the Forest Service, ports. That is not an unreasonable re- provides habitat for beetles and other for example, to prepare a plan for quest. insects. treatment of slash that contains all of I am somewhat disappointed. This is I think we have some studies that the information and data specified in an amendment we delivered to the demonstrate the insect disease problem the amendment of the Senator from managers of the bill yesterday, to their

VerDate Mar 15 2010 22:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\2003SENATE\S30OC3.REC S30OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 30, 2003 CONGRESSIONAL RECORD — SENATE S13609 staff. We asked them to review it, to NOT VOTING—6 Congress enacted a similar require- give us suggestions. If they had prob- Domenici Hollings Lieberman ment when authorizing the Steward- lems with any aspect of it, they did not Edwards Kerry Nelson (NE) ship Contracting Program. In addition, get back to us, except to say it is unac- The motion was agreed to. Senator CRAIG and I sponsored the ceptable. That seems to be the position Mr. COCHRAN. Mr. President, I move community-based Forest and Public they are taking with regard to any and to reconsider the vote, and I move to Land Restoration Act. That bill, which all suggested amendments to the bill. lay that motion on the table. was passed by the Senate unanimously, This is intended as a constructive The motion to lay on the table was also required collaborative monitoring. amendment. I see it as a constructive agreed to. This is a simple amendment. I believe amendment to deal with a specific The PRESIDING OFFICER. The Sen- it is noncontroversial. I hope this is ac- problem that the GAO has identified as ator from New Mexico. ceptable to the managers of the bill existing with regard to management of AMENDMENT NO. 2036 and can be adopted. the long-term fuel supply. Mr. BINGAMAN. Mr. President, I The PRESIDING OFFICER. The Sen- With that, I yield the floor. send an amendment to the desk and ator from Mississippi. Mr. COCHRAN. Mr. President, I move ask for its immediate consideration. Mr. COCHRAN. Mr. President, I to table the amendment and ask for The PRESIDING OFFICER. The thank the distinguished Senator from the yeas and nays. clerk will report. New Mexico for this suggested change to the bill. It actually could be argued The PRESIDING OFFICER. Is there a The legislative clerk read as follows: it is duplicative of a provision that is sufficient second? The Senator from New Mexico [Mr. BINGA- already in the bill at the request of There appears to be a sufficient sec- MAN] proposes an amendment numbered 2036. Senator WYDEN and Senator FEINSTEIN, Mr. BINGAMAN. Mr. President, I ask ond. but it is not wholly inconsistent. We unanimous consent that the reading of The question is on agreeing to the think it can be worked into the bill and the amendment be dispensed with. motion to table amendment No. 2035. will not cause confusion, so I am pre- The PRESIDING OFFICER. Without The clerk will call the roll. pared to recommend that the Senate objection, it is so ordered. The legislative clerk called the roll. accept the amendment. I hope the Sen- The amendment is as follows: Mr. MCCONNELL. I announce that ate will vote for the amendment. the Senator from New Mexico (Mr. (Purpose: To require collaborative The PRESIDING OFFICER. The Sen- DOMENICI) is necessarily absent. monitoring of forest health projects) ator from Oregon. Mr. REID. I announce that the Sen- At the appropriate place, insert the fol- Mr. WYDEN. Mr. President, just very ator from North Carolina (Mr. lowing new section: briefly, Chairman COCHRAN has it ex- EDWARDS), the Senator from South ‘‘SEC. ll . COLLABORATIVE MONITORING. actly right. If there is one thing we Carolina (Mr. HOLLINGS), the Senator (a) IN GENERAL.—The Secretaries shall es- want to accomplish in the natural re- from Massachusetts (Mr. KERRY), and tablish a collaborative monitoring, evalua- sources area, it is to try to move this tion and accountability process in order to the Senator from Connecticut (Mr. LIE- bill away from confrontation to col- assess the positive or negative ecological and BERMAN) are necessarily absent. social effects of a representative sampling of laboration. That is what we tried to do I also announce that the Senator projects implemented pursuant to title I and in the bipartisan compromise. I think from Nebraska (Mr. NELSON) is absent section 404 of this Act. The Secretaries shall we can reconcile that with the Binga- attending a family funeral. include diverse stakeholders, including in- man amendment. I urge its support. I further announce that, if present terested citizens and Indian tribes, in the The PRESIDING OFFICER. Is there and voting, the Senator from Massa- monitoring and evaluation process. further debate on the amendment? (b) MEANS.—The Secretaries may collect If not, without objection, the amend- chusetts (Mr. KERRY) would vote monitoring data using cooperative agree- ‘‘nay.’’ ment is agreed to. ments, grants or contracts with small or The amendment (No. 2036) was agreed The PRESIDING OFFICER. Are there micro-businesses, cooperatives, non-profit to. any other Senators in the Chamber de- organizations, Youth Conservation Corps siring to vote? work crews or related partnerships with AMENDMENT NO. 2039 The result was announced—yeas 58, State, local, and other non-Federal conserva- Mr. LEAHY. Mr. President, I am soon nays 36, as follows: tion corps. going to send to the desk an amend- (c) FUNDS.—Funds to implement this sec- ment. [Rollcall Vote No. 422 Leg.] tion shall be derived from hazardous fuels The people of my State of Vermont, YEAS—58 operations funds.’’ and Americans across the Nation, Alexander Dole Miller Mr. BINGAMAN. Mr. President, this mourn with our colleagues, Senator Allard Ensign Murkowski amendment requires the Forest Service FEINSTEIN and Senator BOXER, and Allen Enzi Nickles and the Bureau of Land Management Baucus Feinstein with the people of California, over the Pryor to establish a collaborative monitoring Bennett Fitzgerald Roberts tragic loss of life and property from the Bond Frist Santorum process in order to assess the environ- wildfires in San Diego County. Breaux Graham (SC) Sessions mental and social effects of a rep- Today, we lost a firefighter from Brownback Grassley Shelby Bunning Gregg resentative sampling of projects imple- Novato, CA. These brave men and Smith Burns Hagel mented under this act. There are many women on the front lines need to be Snowe Campbell Hatch Specter forest-dependent communities that recognized first in this debate. Our Chafee Hutchison support collaborative monitoring of Chambliss Inhofe Stevens hearts go out to the firefighters’ fami- Cochran Kyl Sununu forest projects on public land. This lies and friends. Coleman Landrieu Talent simply means it is collaborative moni- We have all been riveted by the vivid Collins Lincoln Thomas toring. That phrase simply means that images we have watched, day after day, Cornyn Lott Voinovich Craig Lugar Warner interested communities and individ- and by the heart-wrenching stories of Crapo McCain Wyden uals may participate with Federal loss and of bravery that go with these DeWine McConnell agencies in monitoring the ecological pictures. NAYS—36 and social effects of forest health Our hearts go out to all of these fam- projects. ilies that have lost so much. And our Akaka Dayton Lautenberg Bayh Dodd Leahy Proponents of the legislation that we thanks go out to the courageous and Biden Dorgan Levin are considering today continually state diligent firefighters and emergency re- Bingaman Durbin Mikulski that they want more collaboration at sponse team members who are fighting Boxer Feingold Murray Byrd Graham (FL) Nelson (FL) the beginning of the process. However, those fires and are doing all they can Cantwell Harkin Reed unless there is collaborative moni- to protect these communities. Carper Inouye Reid toring of the effects of the projects, we Here in the Congress, we need to do Clinton Jeffords Rockefeller will never be able to rebuild trust be- more to protect forests and commu- Conrad Johnson Sarbanes Corzine Kennedy Schumer tween rural communities and these nities from wildfires. That is why I in- Daschle Kohl Stabenow agencies. troduced the Forest and Community

VerDate Mar 15 2010 22:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\2003SENATE\S30OC3.REC S30OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13610 CONGRESSIONAL RECORD — SENATE October 30, 2003 Protection Act this summer. This is a ing that only 9 out of 818 projects were had no idea what impact appeals were bill and an approach that would make delayed by court order. having on fuel reduction projects. a real difference for communities fac- That is only one percent. Where is But they, and many of my col- ing this kind of potential devastation. the ‘‘analysis paralysis’’ my colleagues leagues, already had their talking The bill before us now, unfortu- like to talk about so much? points. As we have seen with many nately, would not offer the same level On the ground, these appeals had other so-called environmental policies of help. even less effect. Of the 4.8 million acres of this administration, facts are never The bill before us is a well-camou- covered by fuel reduction projects, only allowed to get in the way of rhetoric. flaged attempt to limit the right of the 111,000 acres were impacted by litiga- When the facts did start coming out American people to know and to question. The numbers simply do not back this spring, with an independent study tion what their government is doing on up the administration’s assertion that by Northern Arizona University and the public’s lands. appeals and litigation are delaying the GAO, they showed that only 5 per- When you look at the tidal wave of projects. cent of projects are appealed and only regulatory changes the administration The bill before us today rolls back 3 percent are litigated. has produced in the last year to cut the environmental protections and citizen The report also found that opposition public out of the process, it could not rights with no justification at all. was not a leading factor in slowing fuel be clearer that the administration does Enough about numbers. The bill be- reduction projects: not want the public or the independent fore us is really a solution looking for While the issue of formal public resistance, such as appeals and litigation, has recently judiciary looking over its shoulder. a problem. So let’s take a closer look been contentious, only a few local land unit Communities that face wildfire at the solution on the table. officials we visited indicated that this type threats need real help, not false prom- First, the bill would make it much of resistance had delayed particular fuels re- ises. more difficult for the public to have duction treatments. As this chart shows, the administra- any oversight or say in what happens What the facts do tell is that the tion has been busy creating a broader on public lands, undermining decades main reasons fuel reduction projects number of projects that will be ex- of progress in public inclusion. could not proceed were due to the cluded from environmental analysis In this new and vague pre-decisional weather and the diversion of fuel re- under the National Environmental Pol- protest process, this bill expects the duction funds to fight wildfires. icy Act, limiting how, who and when public to have intimate knowledge of Just this summer, while the Presi- citizens can appeal agency decisions, aspects of the project early on, includ- dent was out in Oregon pushing this and even cutting out other agencies, ing aspects that the Forest Service bill, the Forest Service was back here such as the Fish and Wildlife Service, might not have disclosed in its initial cutting fuel reduction projects because from advising the Forest Service on proposal. the House Republicans refused to pass the impact of the actions on endan- Section 105 gives the Forest Service a emergency funding for fire suppression. gered species habitats. real incentive to hide the ball or to Let’s cut through the smokescreen Unfortunately, the bill before us withhold certain information about a and focus on the facts before leaping on today could be the last in this series of project that might make it objection- board to a solution that will let the ad- steps that completely erode the able such as endangered species habitat ministration pick and choose 20 mil- public’s trust of the Forest Service. data, watershed analysis or road-build- lion acres of forestland around the Many of us saw the aftermath of the ing information. country to cut with little real public salvage rider on our forests and the If concerns are not raised about this accountability. public trust. We should not go down possibly undisclosed information in the This is not a problem of analysis pa- that road again. vaguely outlined predecisional process, ralysis but a problem of situation exag- That is why I am offering an amend- the Forest Service can argue to the geration. ment today, along with Senators courts that no claims can be brought Essentially, this provision penalizes BINGAMAN, DURBIN, HARKIN and BOXER, on these issues in the future when the citizens and rewards agency staff when to strike sections 105 and 106 of the agency either through intent or neg- the agency does not do its job in terms bill. These sections go too far in under- ligence withheld important informa- of basic investigation and information- mining the decades of progress we have tion from the public. sharing regarding a project. The other significant change to judi- made in public participation and judi- I want to take a couple of minutes to cial review is section 106. Even under cial review. respond to a couple of statements that the ‘‘compromise’’ version of H.R. 1904, The administration has worked over- my colleagues have made over the last the provisions will interfere with and time to try to sell the false idea that 2 days with regard to appeals and judi- overload judges’ schedules. environmental laws, administrative ap- cial review. This section will force judges to re- First, my colleagues keep talking peals and the judicial process are the consider preliminary injunctions every about ‘‘analysis paralysis.’’ This has cause of wildfires. But they have not 60 days, whether or not circumstances been able to back up their scape- become a mantra for those who want to warrant it. goating with facts. And the facts them- cut the public out of decision-making In many ways, this provision could selves contradict their claims. and blame appeals and litigation. backfire on my colleagues’ goal of ex- In May, the GAO issued a study ex- When the administration went look- pediting judicial review. It will force amining delays in all Forest Service ing for a problem to fit their solution judges to engage in otherwise unneces- fuels reduction projects, from appeals of cutting out appeals and judicial re- sary proceedings slowing their consid- or litigation, during the last 2 fiscal view, they came up with analysis pa- eration of the very cases that H.R. years. ralysis. 1904’s proponents want to fast track. Contrary to what some advocates of When they went looking for facts to Moreover, taking the courts’ time to this bill will tell you, the results show back up this new mantra, they threw engage in this process will also divert that neither appeals nor litigation together a Forest Service report that scarce judicial resources away from have delayed fuels reduction projects. argued that 48 percent of decisions other pending cases. As you can see, out of 818 projects, were appealed. It is also likely to encourage more only a quarter were appealed. Of those, But when people starting asking lawsuits. Requiring that injunctions be even fewer took more than the stand- questions about the report though, renewed every 60 days, whether needed ard 90-day review period. In fact, only 5 they found that the Forest Service or not, gives lawyers another bite at percent of all the projects took more spent just a few hours gathering infor- the apple. Something they often find than 90 days. mation for the report. The so-called hard to resist. And they can’t honestly blame litiga- data it was based on was just phone Instead of telling the courts when tion, either, for the delays. Again, of conversations made in an afternoon. and how to conduct their business, we the 818 projects, only 25 were litigated. In fact, the Forest Service does not should instead be working to find a Of those, 10 were either settled or ruled actually track appeals. Until the GAO workable and effective approach to re- in favor of the Forest Service—mean- did its independent report, they really ducing wildfire risks.

VerDate Mar 15 2010 22:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\2003SENATE\S30OC3.REC S30OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 30, 2003 CONGRESSIONAL RECORD — SENATE S13611 This bill does not achieve that, but I have to give credit to the distin- There is a sufficient second. through sections 105 and 106, it instead guished Senator from Oregon, Mr. The question is on agreeing to the poses a real risk to the checks and bal- WYDEN, and the distinguished Senator motion. The clerk will call the roll. ances that the American people and from California, Mrs. FEINSTEIN, for The legislative clerk called the roll. their independent judiciary now have coming up with suggestions for Mr. REID. I announce that the Sen- on government decisions affecting the changes that were included in this bill ator from North Carolina (Mr. public lands owned by the American that is now before the Senate. It was EDWARDS), the Senator from South included in the language of the com- people. Carolina (Mr. HOLLINGS), the Senator promise that we made to substantially Sadly, this bill is just a Halloween from Massachusetts (Mr. KERRY), and change title I as it relates to the judi- trick on communities threatened by the Senator from Connecticut (Mr. LIE- cial review section of the bill. wildfires. It is not fair to rollback envi- BERMAN) are necessarily absent. Let me point out that it balances ronmental laws, public oversight or ju- I also announce that the Senator dicial review under the guise of react- risk, which is what this is about. Look- ing at ramifications of approving or from Nebraska (Mr. NELSON) is absent ing to devastating wildfires. attending a family funeral. It will do nothing to help or to pre- not approving a fuel reduction project I further announce that, if present vent the kind of devastation that can be explained by looking at certain and voting, the Senator from Massa- Southern California is facing. It is a examples from which we have learned. chusetts (Mr. KERRY) would vote special interest grab-bag shrouded be- On the Kenai Peninsula in south-cen- ‘‘nay.’’ hind a smokescreen. tral Alaska, for instance, over 300,000 Let us offer real help and real an- acres of forest have been lost to a The PRESIDING OFFICER (Mr. swers, and let us not allow fear to be spruce bark beetle infestation which SMITH). Are there any other Senators used as a pretext for taking the we are told could have been avoided in the Chamber desiring to vote? public’s voice out of decisions affecting but was not because of litigation and The result was announced—yeas 62, appeals that were generated over the the public’s lands and for ceding more nays 33, as follows: project’s proposal. The Dixie National power to special interests. [Rollcall Vote No. 423 Leg.] Forest has 112,000 acres that have been I hope my colleagues will join me in devastated by the spruce bark beetle as YEAS—62 striking these provisions. well which could have been prevented Alexander DeWine McCain AMENDMENT NO. 2039 with treatment but was slowed by the Allard Dole McConnell (Purpose: To remove certain provisions re- Allen Domenici Miller appeals and litigation in that situa- Baucus Ensign lating to administrative and judicial review) Murkowski tion. Bennett Enzi Nickles Mr. LEAHY. Mr. President, I send the Over the last 3 years, bark beetles Bond Feinstein Pryor amendment to the desk. have ravaged forests around Lake Ar- Breaux Fitzgerald Roberts The PRESIDING OFFICER. The Brownback Frist Santorum rowhead in the San Bernardino Na- Bunning Graham (SC) Sessions clerk will report. Burns Grassley tional Forest in southern California Shelby The legislative clerk read as follows: Campbell Gregg causing an 80-percent mortality rate Smith The Senator from Vermont [Mr. LEAHY], Chafee Hagel and substantially increasing the fuel Chambliss Hatch Snowe for himself, Mrs. BOXER, Mr. HARKIN, Mr. loads of that forest. Cochran Hutchison Specter BINGAMAN, and Mr. DURBIN, proposes an What I am afraid we are going to see Coleman Inhofe Stevens amendment numbered 2039: Sununu if the Leahy amendment is approved is Collins Johnson Cornyn Kyl Talent Strike sections 105 and 106. a reversal of efforts that we have made Mr. COCHRAN. Mr. President, there Craig Landrieu Thomas to come to a new approach which we Crapo Lincoln Voinovich has been considerable attention paid to think will improve forest help. We still Daschle Lott Warner the provisions of the House-passed bill have rigorous environmental safe- Dayton Lugar Wyden which was referred to in our Com- guards in place, but the suggestions NAYS—33 mittee on Agriculture. The version the that courts do not bog down the proc- Akaka Dodd Leahy House passed has the same provisions ess with endless appeals and litigation Bayh Dorgan Levin that would change substantially the ju- is one of the goals of this legislation. Biden Durbin Mikulski dicial review and appeals provisions of I don’t know if other Senators want Bingaman Feingold Murray current law. When we were looking at Boxer Graham (FL) Nelson (FL) to be heard on this amendment. But I Byrd Harkin Reed the bill in our committee, it was de- would be prepared, after Senators have Cantwell Inouye Reid cided that while we didn’t disagree had an opportunity to express them- Carper Jeffords Rockefeller with the objectives of the House, we Clinton Kennedy Sarbanes selves, if they want to debate this Conrad Kohl Schumer thought that there could be more ap- issue, to move to table the Leahy Corzine Lautenberg Stabenow propriate language which would help amendment. ensure that litigation and appeals I move to table the Leahy amend- NOT VOTING—5 weren’t abused to the extent that they ment, and I ask for the yeas and nays. Edwards Kerry Nelson (NE) created impasses and gridlock in the The PRESIDING OFFICER. Is there a Hollings Lieberman process. sufficient second? The motion was agreed to.

N O T I C E Incomplete record of Senate proceedings. Except for concluding business which follows, today’s Senate proceedings will be continued in the next issue of the Record.

PROGRAM the Foreign Operations appropriations I congratulate the managers of both bill. bills that were completed today. It has Mr. FRIST. For the information of On Monday, we will debate the Iraq been a very long and very productive all Senators, tomorrow the Senate will supplemental. However, that con- day. be in a period of morning business. ference report will be agreed to with- f There will be no rollcall votes during out a vote. We will also consider the ADJOURNMENT UNTIL 10 A.M. tomorrow’s session. Interior appropriations conference report on Monday, and Members can ex- TOMORROW The hour is late, but it is well worth pect a vote on that sometime between Mr. FRIST. If there is no further it. We completed action on both the 5 p.m. and 6 p.m. We will have more to business to come before the Senate, I Healthy Forests legislation today, and say tomorrow about the schedule. ask unanimous consent the Senate

VerDate Mar 15 2010 22:10 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\2003SENATE\S30OC3.REC S30OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13612 CONGRESSIONAL RECORD — SENATE October 30, 2003 stand in adjournment under the pre- STATES ARMY UNDER TITLE 10, U.S.C., SECTIONS 531 AND SHEILA H. LYDON, 0000 3063: MARK A. MCCOMBS, 0000 vious order. To be colonel ROBERT G. MCNEIL, 0000 There being no objection, the Senate, GERARD J. MESSMER III, 0000 THOMAS B. SWEENEY, 0000 MARTIN L. MORFORD, 0000 at 11:44 p.m., adjourned until Friday, ROBERT M. MURRAY, 0000 October 31, 2003, at 10 a.m. To be lieutenant colonel STEVEN C. PEDERSEN, 0000 ELLIS G. BROCKMAN, 0000 JOHN W. PENREE, 0000 f SHARALYN W. BROWN, 0000 SANTOMERO V. RILEY, 0000 KENNETH E. COZZIE, 0000 JOHN N. RIOS, 0000 NOMINATIONS PAU7L J. FAMELI, 0000 PAUL G. SCHLIMM, 0000 DANIEL L. JOHNSON, 0000 DOVER SEAWRIGHT, 0000 Executive nominations received by FREDERICK N. KAWA, 0000 TERRY L. SIMPSON, 0000 the Senate October 30, 2003: SARAH H. PERRY, 0000 MARK A. SMITH, 0000 DARYL S. REY, 0000 PHILIP W. STANLEY, 0000 IN THE ARMY LEON R. WILSON III, 0000 MICHAEL A. STEVENS, 0000 SCOT N. STOREY, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be major MICHAEL G. THILGES, 0000 IN THE UNITED STATES ARMY TO THE GRADE INDICATED DONALD S. TRAVIS, 0000 TODD K. ALSTON, 0000 WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND NATHAN E. WALLACE, 0000 CHRIS L. ANDREWS, 0000 RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: LISA M. WEIDE, 0000 RALPH D. ARCHETTI, 0000 JOSEPH E. WICKER, 0000 To be lieutenant general JACQUELINE BAEHLER, 0000 JOHN F. WINTERS, 0000 EARL C. BEDFORD, 0000 MAJ. GEN. JOHN M. CURRAN, 0000 MACHIELLE WOOD, 0000 JONATHAN D. BERRY, 0000 PAUL L. ZANGLIN, 0000 IN THE NAVY JOHN D. BEURY, 0000 CHRISTINA M. BLOSS, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ROBERT E. BUZAN JR., 0000 IN THE MARINE CORPS IN THE UNITED STATES NAVY TO THE GRADE INDICATED KEITH BYRD, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND JESS H. CAPEL, 0000 TO THE GRADE INDICATED IN THE UNITED STATES MA- RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: ROGER D. CARSTENS, 0000 RINE CORPS RESERVE UNDER TITLE 10, U.S.C., SECTION To be vice admiral DONALD R. CECCONI, 0000 12203: JOHN M. CREAN, 0000 REAR ADM. WALTER B. MASSENBURG, 0000 GREGORY L. DEDEAUX, 0000 To be colonel SONIA R. DEYAMPERT, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ERIC P. EHRMANN, 0000 DAVID B. MOREY, 0000 IN THE UNITED STATES NAVY TO THE GRADE INDICATED JOHN M. ESPOSITO III, 0000 UNDER TITLE 10, U.S.C., SECTION 624: ALAN L. GUNNERSON, 0000 IN THE NAVY To be rear admiral (lower half) JOSEPH J. HAYDON JR., 0000 DAVID E. HECKERT, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CAPT. TIMOTHY J. MC GEE, 0000 CARL G. HERRMANN, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY UNDER TITLE 10, U.S.C., SECTION 624: IN THE ARMY TINA L. HOLT, 0000 JACQUELINE C. HOWELL, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT WILLIAM S. HUSING, 0000 To be lieutenant commander AS A PERMANENT PROFESSOR, UNITED STATES MILI- ROBERT L. HUTCHISON, 0000 PATRICK J. MORAN, 0000 TARY ACADEMY, IN THE GRADE INDICATED UNDER RONALD D. JACK, 0000 TITLE 10, U.S.C., SECTION 4333(B): NATHAN C. JOSEPH, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be colonel PETER K. KEMP, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY VERNER M. KIERNAN, 0000 UNDER TITLE 10, U.S.C., SECTION 624: LANCE A. BETROS, 0000 CHARLES D. KIRBY 0000 MARK R. KOVACEVICH, 0000 To be lieutenant commander THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- CHARLES P. LITTLE, 0000 POINTMENT IN THE GRADES INDICATED IN THE UNITED DARRYL. L. LONG, 0000 LAWRENCE J. CHICK, 0000

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REMEMBERING ROBERT SIMS own home, grabbed a fire extinguisher, asked lic law that made the breast cancer fundraising his mother to call 911, and ran into his neigh- stamp official. HON. JOHN S. TANNER bor’s home to help put out the blaze. Mr. Speaker, as Members of Congress, let’s do our part to protect our constituents, pro- OF TENNESSEE The fire, which started in the home’s kitchen, would have almost certainly quickly spread mote breast cancer research and education, IN THE HOUSE OF REPRESENTATIVES throughout the entire structure had it not been and reauthorize the Breast Cancer Stamp pro- Wednesday, October 29, 2003 for Austin’s swift intervention. Austin was able gram. Mr. TANNER. Mr. Speaker, I rise today in to help contain the fire to the kitchen saving f the home from burning entirely. The owner, honor of an American veteran, a tireless public HONORING FRANK BIERWILER OF Janeen Hall, has called Austin a hero and servant, an outstanding citizen and a dear SPRING HILL, FL friend, Mr. Robert Bell Sims. Bob will be laid credits him with saving her home. to rest next month at Arlington National Ceme- According to friends and family, Austin has tery. remained very humble about his bravery. HON. GINNY BROWN-WAITE During Bob’s long and distinguished career Though many have marveled at the fact that OF FLORIDA IN THE HOUSE OF REPRESENTATIVES in the United States Navy, he served as a he had the composure to act so heroically, he communications officer under two Secretaries says he just did the right thing. Wednesday, October 29, 2003 of the Navy, then as the Deputy Chief of Infor- We all know that Austin’s actions truly are Ms. GINNY BROWN-WAITE of Florida. Mr. mation for the Department of the Navy. He worthy of praise and so Mr. Speaker I ask you Speaker, I rise today to honor a great public also served on the National Security Council and my colleagues to join with me in honoring servant, a charitable giver, and a selfless hero and the National Defense University. Austin Toxen today. He truly is a brave young in my Fifth Congressional District, Mr. Frank Bob retired from the Navy in 1984 at the man and a fine example of courage and self- Bierwiler. rank of Captain but did not end his service to lessness. Frank Bierwiler first served his community in our nation’s defense. He served in the White f New York for many years as a State Police House as Deputy Press Secretary for Foreign Officer. Then, after a multiple sclerosis diag- Affairs and was later nominated and confirmed OCTOBER AS NATIONAL BREAST nosis in 1974 forced him to retire from the to the post of Assistant Secretary of Defense CANCER AWARENESS MONTH force, Frank Bierwiler pledged to do something for Public Affairs. good with his life. In 1987, Bob turned to his background in HON. DOUG OSE It was a few years later, Mr. Speaker, that magazine and newspaper publishing, when he OF CALIFORNIA he moved to Florida and started Daystar Hope began fourteen years of service at the Na- IN THE HOUSE OF REPRESENTATIVES Center, an organization giving food, clothing, tional Geographic Society. For thirty years, he and assistance with bills to central Floridians Wednesday, October 29, 2003 was the owner and publisher of The Crockett in need. Times. The work of his family and staff at the Mr. OSE. Mr. Speaker, I rise today to honor For nearly 20 years, the center has served newspaper has long been important to Bob’s October as National Breast Cancer Awareness as an example of the power and impact of be- hometown of Alamo, Tennessee, and indeed Month. Cancer is a growing and tragic epi- nevolence and kindness. Its doors have wel- to all of us in Crockett County. demic that has undoubtedly touched loved comed thousands of Floridians in need and Bob is survived by his wife, Patricia, four ones, affecting mothers, sisters, daughters, as Mr. Bierwiler’s perseverance and generosity children and seven grandchildren. My wife, well as friends. The campaign emphasizes the have for so long ensured that those doors stay Betty Ann, and I have long cherished our importance of early detection of the disease open. friendship with Bob and Pat Sims and are through mammograms, clinical breast exam- Unfortunately, after 20 years of helping so greatly saddened by Bob’s passing. He will be ination, as well as breast self-examination. many, the Daystar Hope Center is closing. missed. We know, however, that the legacy he During 2003, over 211,000 new cases of While it is unfortunate that the center is leaves behind will never be forgotten. breast cancer are expected to occur among ceasing operations, many other charitable or- Mr. Speaker, please join with me in hon- women in the United States and breast cancer ganizations, came into existence because of oring the long service, dedication and friend- remains as the leading cause of cancer death the success of the Daystar Hope Center. ship of Bob Sims. in women in the United States. Alarmingly, Frank’s leadership fostered these other organizations and he always worked well with them. f every 2 hours, on average, a California woman dies of breast cancer. I want to take this opportunity today to first HONORING AUSTIN TOXEN I am honored to promote breast cancer commend Frank Bierwiler for his work in my awareness and research by urging my col- district and to, second, draw attention to the HON. GINNY BROWN-WAITE leagues to reauthorize the Breast Cancer Re- extraordinary things that can happen when one determined, individual pledges himself to OF FLORIDA search program for 2 more years. Millions of greatness. IN THE HOUSE OF REPRESENTATIVES people have purchased the Breast Cancer Re- search stamp, a program that was first intro- Mr. Speaker, I ask you and all of my col- Wednesday, October 29, 2003 duced in July 1998, generating over $34.5 mil- leagues in this body to join me in honoring Ms. GINNY BROWN-WAITE of Florida. Mr. lion for research and development. Frank Bierwiler and offering our sincere admi- Speaker, I rise today to honor a young hero in The Breast Cancer Research stamp is es- ration for his work, life, and accomplishments. my Fifth Congressional District of Florida. pecially important to me because my con- f Throughout our current situation in Iraq and stituent, Dr. Ernie Bodai of Carmichael, CA, HONORING THE BRAVE FIRE- our continued War on Terror we have had oc- was the leading force behind the program. FIGHTERS OF CALIFORNIA AND casion to honor many heroes. Today I want to After 14 visits to Washington within 2 years, THE 3RD CONGRESSIONAL DIS- take the time to honor a very special young as well as spending $100,000 of his personal TRICT man who, just like our troops overseas, acted savings, he succeeded, creating a leading for bravely and selflessly to protect the safety of Breast Cancer fundraising. Dr. Bodai is the HON. DOUG OSE another person. pioneer of the Breast Cancer stamp, Chief of OF CALIFORNIA This summer while playing outside with General Surgery for Kaiser Permanente, and IN THE HOUSE OF REPRESENTATIVES friends, Austin Toxen, a fifth-grader at Forest CEO of CureBreastCancer, Inc. Ridge Elementary School in Citrus County, no- Driving through Sacramento, he can be eas- Wednesday, October 29, 2003 ticed smoke coming from his neighbor’s home. ily detected by his car, which is adorned by its Mr. OSE. Mr. Speaker, I rise today to ex- Acting quickly and keenly, Austin ran into his license plate—PL 105–41—the title of the pub- press my deep sympathy to the victims of the

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate jul 14 2003 04:12 Oct 31, 2003 Jkt 029060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K29OC8.001 E30PT1 E2158 CONGRESSIONAL RECORD — Extensions of Remarks October 30, 2003 fires that have been plaguing southern Cali- RECOGNIZING THE 20TH ANNIVER- about the environment and the value of trees fornia this past week and even now continue SARY OF PHELPS HOSPICE for many years. to rage. I would also like to recognize the At a ceremony in city hall this week as part emergency assistance that has been mobi- HON. NITA M. LOWEY of Brooksville’s Founders’ Week Celebration, lized to help the counties of Ventura, Los An- OF NEW YORK Mrs. Ghiotto was honored with a plaque, reception, and many kind words. This weekend geles, San Diego, and San Bernardino. The IN THE HOUSE OF REPRESENTATIVES scope of the devastation this disaster has de- she will be the Grand Marshal of the livered is vast. It has viciously taken at least Wednesday, October 29, 2003 Brooksville Founder’s Day Parade. 14 lives, destroyed over 1,500 homes, and Mrs. LOWEY. Mr. Speaker, I rise today to While this most recent honor is certainly a burned over 500,000 acres of land. In addi- recognize the achievements of Phelps Hos- laudable one, it is not the first such accolade tion, over 50,000 people have been evacuated pice and to congratulate it on its 20th anniver- Mrs. Ghiotto has received. Over the years, from their homes. sary. Since 1983, Phelps Hospice has pro- she has been named the Hernando County Chamber of Commerce’s ‘‘Citizen of the I would like to take this opportunity to recog- vided end of life care and comfort throughout Year,’’ AWBA’s ‘‘Business Associate of the nize and thank the men and women from my Westchester County, NY, helping to relieve Year,’’ and the Lions Club’s ‘‘Outstanding Cit- district who, where capable, have dedicated the physical, emotional, and spiritual pain of izen.’’ She even has awards named after their time to helping combat the fires in south- more than 2,000 patients and their loved ones. her—the University of Florida Lambda Chi ern California. Calaveras County has donated An essential element of this care is the per- Alpha chapter gives an annual leadership 5 fire engines along with 15 fire fighters. sonalized service that Phelps Hospice pro- award to a distinguished member, called ‘‘The Amador County has donated an entire team vides to meet the unique needs of each pa- Margaret Rogers Ghiotto Award’’ and the city consisting of 2 engines and nine people, in- tient and his or her loved ones. Working with of Brooksville honors businesses and individ- cluding one fire chief. In addition, Solano and the patient’s primary care physician, Phelps uals with the ‘‘Margaret Rogers Ghiotto Beau- Sacramento Counties have each dedicated Hospice develops a plan of care that matches the family’s needs with the abilities of its med- tification Award.’’ significant resources to assist in the firefighting Mr. Speaker, I ask that you and my col- effort, including over three fire strike teams ical director, nurses, social workers, home health aids, spiritual counselors, psychologists, leagues in this body join me in honoring this and two trucks. These mobilizations are fight- great woman and great citizen. We should all ing to alleviate the impact of this disaster even nutritionists, volunteers, therapists, and bereavement counselors. be so lucky as to have a Margaret Rogers as I speak. It is my sincere hope that these Ghiotto in each of our districts. brave men and women will be able to safely Through support groups and memorial serv- and swiftly contain these fires. My thoughts ices, Phelps Hospice has offered bereavement f and prayers are with them. counseling for the families of hospice patients, HONORING THE SERVICE AND as well as for members of the community. SACRIFICE OF HANK MASON In addition, since 2002, Phelps Hospice has f provided complementary care consisting of HON. STEVAN PEARCE TAIWAN NATIONAL DAY massage, music, pet and art therapy, making it one of the first hospices in Westchester OF NEW MEXICO County to incorporate complementary care IN THE HOUSE OF REPRESENTATIVES HON. HILDA L. SOLIS into its list of services. Wednesday, October 29, 2003 To aid in the care of patients, Phelps Hos- Mr. PEARCE. Mr. Speaker, I rise today to OF CALIFORNIA pice has trained hundreds of selfless volun- recognize Mr. Hank Mason of Los Lunas, New IN THE HOUSE OF REPRESENTATIVES teers in the past 20 years. Mexico for his distinguished service to our And, of course, the numerous services of- country during the Vietnam War. Mr. Mason is Wednesday, October 29, 2003 fered by Phelps Hospice are provided to all a great American, and recognition for his serv- patients regardless of race, religion, color, na- Ms. SOLIS. Mr. Speaker, I rise before you ice to our country is long overdue. I thank him tional origin, sex, disability, age, sexual pref- for his commitment to freedom and the sac- today to honor and congratulate the people of erence, or ability to pay. the Taiwan on their Double Ten: National Day. rifices he endured while serving in Vietnam. I am honored to have this opportunity to Mason earned, but never received, several Earlier this month, on October 10, 2003, Tai- congratulate Phelps Hospice on its 20th anni- wan celebrated its National Day. This special war and service medals from the United versary. Westchester County is undoubtedly a States Army for his 3 years of service, includ- day for Taiwan is celebrated to commemorate better place thanks to the tireless work of its the 1911 Wuch’ang uprising, which marked ing a tour in Vietnam. Mason says he has staff and volunteers. I wish them the best of made many attempts for more than 3 decades the beginning of a struggle towards political luck in the next 20 years—and more—of serv- democracy. to receive the medals that were due to him, ice to our community. with no avail. On Saturday, October 25, 2003, On October 10, fireworks lighted the skies f I was proud to present Mr. Mason with the of Taiwan, and the streets were filled with military service medals he has been waiting large parades. This celebration is much like HONORING MARGARET ‘‘WEENIE’’ ROGERS GHIOTTO, BROOKS- for more than 34 years. our 4th of July celebrations. Taiwan is a shin- We must always recognize the men and ing example of economic success and democ- VILLE, FLORIDA’S ‘‘GREAT BROOKSVILLIAN’’ women of our Armed Forces who have val- ratization. Taiwan’s accomplishments are nu- iantly defended our American values through- merous, and its success is attributed to its out our Nation’s history. These remarkable in- people. HON. GINNY BROWN-WAITE dividuals have helped to make America secure In August of this year I had the pleasure of OF FLORIDA and have advanced the cause of freedom meeting Taiwan’s Vice President, Madame IN THE HOUSE OF REPRESENTATIVES worldwide. By answering the call of duty, our Annette Lu in Los Angeles. Vice President Lu Wednesday, October 29, 2003 veterans have risked their lives to protect their fellow countrymen. Individuals like Hank is the first female vice president to serve Tai- Ms. GINNY BROWN-WAITE of Florida. Mr. Mason have inspired our Nation with their wan. She has devoted her time and efforts to Speaker, I rise today to honor a woman who courage, patriotism and dedication. promoting human rights, democracy, and tech- has for many years been an outstanding busi- nology. She has made countless contributions nesswoman and citizen in my hometown of f to the advancement of women in Taiwan. With Brooksville, Florida. Margaret Rogers Ghiotto, INTRODUCTION OF H.R. 3387 her efforts and many other women like her, known as ‘‘Weenie’’ to her close friends and the women of Taiwan have progressed in edu- family, was recently honored as a ‘‘Great HON. LANE EVANS cation, business, politics, and society in gen- Brooksvillian’’ for her work on behalf of the eral. Vice President Lu is a true dynamic OF ILLINOIS community. IN THE HOUSE OF REPRESENTATIVES democratic leader. She represents her people Aside from owning and managing Rogers’ and her country well. Christmas House Village and the Jennings Wednesday, October 29, 2003 Once again, my best wishes and congratu- House, which is on the National Register of Mr. EVANS. Mr. Speaker, I rise today to in- lations to the people of Taiwan on their Dou- Historic Places, Mrs. Ghiotto has a back- troduce H.R. 3387, the Veterans Health Pro- ble Ten National Day. ground in education, having taught children grams Improvement Act of 2003. Mr. Speaker,

VerDate jul 14 2003 04:12 Oct 31, 2003 Jkt 029060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A29OC8.004 E30PT1 October 30, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2159 many of the provisions in the bill I am intro- ing in the cost-sharing from veterans or their 2004. Surveys from a few years ago continued ducing with my colleague, the ranking member spouses without paying toward their VA treat- to demonstrate that women in the Armed of the Health Subcommittee of the Committee ment. Veterans should be willing to share this Services are at a high risk for sexual harass- on Veterans’ Affairs, Mr. RODRIGUEZ, are sup- information if they are receiving care at VA fa- ment and, even sexual assault. Sadly, it is ap- ported by the administration and have been cilities and their health plans should be willing parent that sexual trauma will continue occur- offered to us previously in its request for draft to reimburse VA as the veterans’ provider-of- ring in military service and elsewhere. VA has legislation. Specifically, sections 2 through 6 of choice. It is only fair to ask veterans to offer served as a valuable outlet to women who this bill are found in the draft bill, Omnibus this information as VA continues to mull tough have believed the military and the government Veterans Health Care and Benefits Act of choices of limiting services and those it will had otherwise abandoned them. We must en- 2003 requested by Secretary Principi on Au- serve. sure that VA’s programs continue to exist to gust 15, 2003. Finally, VA also requested permission to ex- serve for the indefinite future. Other provisions of this bill extend authori- tend its authority to provide acquired prop- Mr. Speaker, this bill supports proven pro- ties or reports which already exist in law, but erties to homeless service providers. These grams that are already offering invaluable as- which are expiring. I believe it is critical that partners can purchase VA-acquired properties sistance to the veterans that are able to avail some of these activities continue to be man- at discounts ranging from 20 to 50 percent. themselves of them. I want veterans to con- dated and carefully overseen by Congress. Through fiscal year 2002, 188 properties have tinue to be able to rely upon them. VA has asked for the authority to provide up been sold to homeless providers under the f to 14 days of care to the newborn infants of program, including two that were sold to a VA women veterans. This allows VA to provide a medical center for the compensated work ther- REPUDIATING ANTI-SEMITIC SEN- more complete spectrum of care to women— apy program. The shelters established in TIMENTS EXPRESSED BY DR. particularly the younger women who are now these properties have provided approximately MAHATHIR MOHAMAD, OUTGOING serving in the military in record numbers. VA 372,000 nights of shelter to homeless vet- PRIME MINISTER OF MALAYSIA may, under current law, offer all maternity erans. The VA has also entered into 52 leases care, including labor, delivery and recovery, with homeless providers. Most of these were SPEECH OF but once the infant is born, VA is forced to find subsequently converted into sales to homeless HON. FRANK PALLONE, JR. other payers—often Medicaid if the mother providers. I hope that we can support VA’s ef- OF NEW JERSEY has no other health care benefits—to finance forts to continue to offer these properties to IN THE HOUSE OF REPRESENTATIVES the care of the child. The cost of providing this homeless providers. benefit to the newborn infants of women vet- In addition to the VA-requested provisions, I Tuesday, October 28, 2003 erans is negligible. am proposing several extensions of reports Mr. PALLONE. Madam Speaker, I rise today VA has also asked for authority to provide and additional authorities that I strongly be- in support of H. Res. 409 that condemns re- certain rehabilitative services under its medical lieve we must continue. Congress created two cent anti-Semitic remarks by the Prime Min- care authority. A vital part of therapy for many advisory committees—one that advises the ister Dr. Mahathir Mohamad of Malaysia. of VA’s homeless, psychiatric, and substance Under Secretary on Health exclusively about Unfortunately, rather than openly condemn use disorder recovery programs is the voca- Post-Traumatic Stress Disorder and one that the Prime Minister for his remarks, many in tional activity. Successfully engaging in pro- makes recommendations for a variety of pro- the global community have remained largely ductive activity is viewed as a critical part of grams serving Severely Mentally Ill veterans. silent on this issue. By not taking a stand therapy and integral to complete rehabilitation. We have relied on the reports of these Com- against hateful speech, the international com- Although VA does offer a range of training mittees to ensure Congress that these mental munity is showing that it is okay for world programs, often VA must shuttle veterans be- health programs are receiving adequate atten- leaders to promote bigotry and violence. By tween programs to meet all the veterans’ tion as VA continues to reform its health care not taking a stand, members of the European needs. This makes case management difficult. delivery. It has become clear that since 1996, Union and other world leaders are showing Instead of allowing one person to work and likely before, VA has continued to pare that other acts of hate speech will be allowed through job training, placement and support, back the resources it commits to its mental to continue without consequence. veterans could be forced to work through sev- health programs. Congress is still awaiting the That is why it is critical that Congress takes eral agencies and multiple points-of-contact report due last Spring that demonstrates VA’s a stand and denounces these remarks and I adding complexity and confusion when vet- maintenance of these programs’ capacity in urge my colleagues to support this resolution. erans are already at a vulnerable turning point fiscal year 2002. These Committees serve as It is important that we go on record to show in their rehabilitation. This provision allows VA much needed internal spokespeople and ad- that this type of hatred and bigotry is unac- medical personnel to provide continuous care vocates for their programs and are particularly ceptable—especially by world leaders who are throughout vocational training. vital in more fiscally constrained times. I am expected to set an example for their people. Last year the clock ran out on special health hopeful that my colleagues will agree that we By allowing these hateful remarks to go care eligibility for herbicide-exposed veterans continue to require the oversight of these in- unacknowledged, that makes it that much of the Vietnam-era and also for our Persian ternal watchdogs. more difficult to bring opposing sides together Gulf veterans. I spent much of my early tenure In addition to extending these reporting re- in the Middle East and puts us that much fur- here fighting for compensation for veterans quirements, I would like to see Congress com- ther from an eventual peace agreement. who believed their illnesses were associated mitted to allowing Vietnam-era veterans to Madam Speaker, I urge my colleagues to with exposure to Agent Orange and other her- continue to seek readjustment counseling at support H. Res. 409. bicides. Learning from that experience, Con- Vet Centers. As a Vietnam-era veteran myself, f gress gave veterans who served in the first I have seen too many of my peers have sig- Gulf war more of the benefit of the doubt by nificantly delayed reactions to the traumatic HONORING DR. JOHN ATANASOFF allowing them to be compensated for vaguely events of long ago. Many World War II vet- ON THE ONE HUNDREDTH ANNI- defined conditions and illnesses that are not erans continue to struggle with the past we VERSARY OF HIS BIRTH generally related to military service, but for might have suspected they left long ago—look which they seem to be at high risk. There at how many veterans from that war had HON. TOM LATHAM seems to be a pretty serious schism between strong emotional reactions to Saving Private OF IOWA what we are doing to compensate veterans Ryan. As we all recall, there were unique chal- IN THE HOUSE OF REPRESENTATIVES and the provision of care for conditions which lenges to returning home from service during Wednesday, October 29, 2003 they believe may be associated to their serv- the Vietnam War—a war that did not enjoy ice. Without this special priority, some vet- public support. While we’ve learned from this Mr. LATHAM. Mr. Speaker, on October 30, erans who have not previously sought VA experience to ‘‘love the warrior, if not the war’’ 31 and November 1, 2003, Iowa State Univer- health care, may never be able to receive it. I would like to ensure that Vet Centers remain sity in Ames, Iowa, will hold a landmark event VA wants to continue to offer priority special- accessible to Vietnam-era veterans who had that will be the Nation’s tribute to the late John ized treatment to veterans in these special pri- unique adjustment challenges upon their re- Vincent Atanasoff’s 100th birthday (October 4, orities, and I fully support them in this effort. turn to service. 2003). Dr. Atanasoff, along with electrical en- VA would also like to require veterans to Finally, my bill would eliminate the sunset of gineering graduate student, Clifford Berry, de- provide information from their health insurers. authority for VA’s sexual trauma counseling veloped the world’s first electronic digital com- Too often these private-sector payers are rak- program currently set to expire December 31, puter from 1939 to 1942 while serving as a

VerDate jul 14 2003 04:12 Oct 31, 2003 Jkt 029060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A29OC8.009 E30PT1 E2160 CONGRESSIONAL RECORD — Extensions of Remarks October 30, 2003 physics and mathematics professor at Iowa Rodrõ«guez searched for ways to make his and A. G. Spanos Ventures. He also owns the State University. Known as the Atanasoff- group more effective, he approached the Spanos Jet Center and the National Football Berry Computer, the invention was Atanasoff’s Cuban Commission for Human Rights and Na- League’s San Diego Chargers. solution to finding a better, more efficient way tional Reconciliation for guidance. After learn- Mr. Speaker, not only is Alex Spanos a suc- for his students to learn. It was the principles ing of the Commission’s professed goal of cessful businessman, but he is also a suc- of his invention that changed the face of tech- basic human rights, he became an important cessful human being. His family has always nology forever. member of that group. taken center stage in his life. He and Faye The university is organizing the International Unfortunately for Dr. Cano Rodrõ«guez, his enjoy the time they share with their four chil- Symposium on Modern Computing, October being associated with two groups who profess dren and 15 grandchildren. It is telling that his 30–November 1 in celebration of his life’s ac- to work to provide the Cuban people with their companies continue to be family owned and complishments. Leaders in the computing basic rights and their basic medicine proved to operated, as he has shared management re- field, internationally renowned academic re- be too much for Castro and his machinery of sponsibilities with his sons, Dean and Michael. searchers, and college and university students repression. On March 25, 2003, Dr. Cano A noted philanthropist, he has reached out from across the Nation will come together to Rodrõ«guez was arrested in Las Tunas. The ‘‘il- to those in need and given of his resources to discuss the newest technologies and research legal’’ activities cited by Castro’s puppet pros- help whenever and wherever he could. Over that have the potential to change the world as ecutor in the sham trial were that he visited the years, he has contributed to his own com- dramatically as did the principles that Dr. prisoners as part of his work with the Cuban munity and to causes around the world by do- Atanasoff’s invention established. Dr. Commission for Human Rights and National nating millions of dollars to charities, churches, Atanasoff is a recipient of the Nation’s highest Reconciliation and that he maintained ties to hospitals, educational institutions, and civic award for innovation, the National Medal of Doctors Without Borders. Dr. Cano Rodrõ«guez and athletic organizations. Technology, which was presented to him by was sentenced to 18 years in Castro’s dun- It is fair to say that Alex G. Spanos’ outlook President George Bush in 1990. Dr. Atanasoff geons. on life is best reflected in the title of his new died in 1995. Mr. Speaker, I want to repeat that, Dr. Cano book, Sharing the Wealth. The communities f Rodrõ«guez was sentenced to 18 years in Cas- and individuals he has touched throughout his tro’s gulag for visiting prisoners and maintain- life would attest to that. PERSONAL EXPLANATION ing ties to Doctors Without Borders. Mr. Speaker, it gives me great pleasure to My colleagues, every one of us should be commend this distinguished citizen for his HON. MAX BURNS totally appalled that a physician who attempts countless acts of service to his community, OF GEORGIA to aid the oppressed and heal the sick is lan- California, and the country. IN THE HOUSE OF REPRESENTATIVES guishing in a dungeon for his merciful actions. f My colleagues, we must demand immediate Wednesday, October 29, 2003 freedom for Dr. Marcelo Cano Rodrõ«guez. EXPRESSING GRATITUDE TO MEM- BERS OF U.S. ARMED FORCES Mr. BURNS. Mr. Speaker, I rise today to f provide an explanation for my absence during DEPLOYED IN OPERATION RE- votes yesterday evening. HONORING ALEX SPANOS STORE HOPE IN SOMALIA IN 1993 During yesterday’s votes, I was traveling SPEECH OF back to Washington from a Congressional Del- HON. JOHN T. DOOLITTLE egation trip to Iraq. I appreciate the oppor- OF CALIFORNIA HON. SHEILA JACKSON-LEE tunity to visit our troops serving overseas and IN THE HOUSE OF REPRESENTATIVES OF TEXAS to witness firsthand the situation in Iraq. Our Wednesday, October 29, 2003 IN THE HOUSE OF REPRESENTATIVES delegation arrived into the Washington area Tuesday, October 28, 2003 after votes had concluded. Mr. DOOLITTLE. Mr. Speaker, today I wish f to congratulate my friend, Alex Spanos, as he Ms. JACKSON-LEE of Texas. Mr. Speaker, will soon receive the STARBRIGHT Founda- I rise in support of H. Con. Res. 291 to offer FREEDOM FOR DR. MARCELO tion’s Heart of Gold Award for his selfless ef- my gratitude, for myself and on behalf of the ´ CANO RODRIGUEZ forts on behalf of children with serious ill- constituents of the 18th Congressional District, nesses and their families, and for his exten- to the soldiers who fell and who served our HON. LINCOLN DIAZ-BALART sive contributions to all children and youth. country in ‘‘Operation Restore Hope.’’ OF FLORIDA Alexander Gus Spanos was born to loving ‘‘Operation Restore Hope’’ was a 1993 IN THE HOUSE OF REPRESENTATIVES parents in 1923 in Stockton, California. In United Nations peacekeeping venture to re- 1942, he rendered service to his country by store order in the East African country of So- Wednesday, October 29, 2003 joining the Air Army. Six years later, he wed malia, characterized by its nomadic society. Mr. LINCOLN DIAZ-BALART of Florida. Mr. his life-long sweetheart, Faye Papfaklis. The Operation was launched with guarded op- Speaker, I rise to speak about Dr. Marcelo In 1951, Alex quit his job at the family bak- timism but went tragically awry on Oct. 3, Cano Rodrõ«guez, a prisoner of conscience in ery, secured an $800 loan and bought a panel 1993 when 18 U.S. soldiers were killed in a totalitarian Cuba. truck to start his own company, the A.G. firefight with Somali gunmen. A decade later, Dr. Cano Rodriguez is a Medical Doctor. As Spanos Agricultural Catering. Soon, this new the Bush Administration now contemplates a physician, he has chosen to devote his life venture became the largest catering business taking military action against alleged terrorist and his abilities to healing the sick, mending of farm laborers in the United States. Alex groups in Somalia who might have been re- the lame, and easing the suffering of his pa- began investing in real estate and, by 1956, sponsible for the tragedy. tients. However, as Dr. Cano Rodrõ«guez quick- he had become a millionaire. This allowed him Man-made famine prompted the massive ly learned, easing the suffering of the Cuban to semi-retire and take on golf, in which he be- foreign intervention in Somalia. This famine people is not a goal of Castro’s dictatorship. came a pro amateur within six years. was caused by a drought made murderous by The longer Dr. Cano Rodrõ«guez worked When changing farm labor regulations sig- a civil war that sent gunmen across the coun- within the totalitarian healthcare system, the naled the end of his catering business, Alex try’s most fertile agricultural areas. At the fam- more he noticed medical resources being launched A.G. Spanos Construction. After ine’s peak, more than 300 people starved to taken from the Cuban people and redirected building his first apartment complex in Stock- death each day in hard-hit towns like Baidoa towards tourists who could pay with hard for- ton, California, in 1960, Alex expanded the and Baardheere because militia fighters first eign currency. Dr. Cano Rodrõ«guez, no longer company into neighboring states and across disrupted the lives of herdsmen and farmers, able to work within a system that abandons the southwestern and southern states. By then stole the food aid sent to relieve their suf- citizens in favor of tourists, became the Na- 1977, his firm was the number one builder of fering. Throughout the worst of the crisis, gun- tional Coordinator for the Cuban Independent apartments in the nation. toting young militiamen looted most of the re- Medical Association. His family of businesses now includes: A.G: lief food as spoils of war or blocked its entry The Cuban Independent Medical Associa- Spanos Construction, A.G. Spanos Develop- into the country through port cities by demand- tion is comprised of physicians who joined ment, Inc., A.G. Spanos Management, Inc., ing extortionate amounts from aid ships wait- forces to set up independent clinics where A.G. Spanos Enterprises, Inc., The Spanos ing to dock. In order to break the famine in equipment and drugs prescribed by doctors Corporation, AGS Financial Corporation, A.G. Somalia, we had to break the stranglehold of are distributed without charge. As Dr. Cano Spanos Realty, Inc., A.G. Spanos Securities, the gunmen and allow aid to flow unimpeded.

VerDate jul 14 2003 04:12 Oct 31, 2003 Jkt 029060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A29OC8.013 E30PT1 October 30, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2161 The 100 elite U.S. infantrymen, who tried to REPUDIATING ANTI-SEMITIC SEN- CA. Brother Benno died in 1992 after dedi- capture and defeat a Somali warlord in his TIMENTS EXPRESSED BY DR. cating his life to feeding the poor and home- home, suffered 70 percent casualties—a figure MAHATHIR MOHAMAD, OUTGOING less. sadly compared to a 1965 massacre in Viet- PRIME MINISTER OF MALAYSIA The foundation began with a small soup nam’s la Drang Valley. So badly pinned down kitchen at 307 Minnesota Street in Oceanside. SPEECH OF were the Americans in Mogadishu that they It has since grown into a ministry addressing could not evacuate their wounded, including HON. RAHM EMANUEL many types of social problems in San Diego County including hunger, homelessness, and Ranger commander Lt. Col. Danny McKnight, OF ILLINOIS alcohol and drug addiction. for nine hours. The biggest problem in that sit- IN THE HOUSE OF REPRESENTATIVES Anyone needing help can come to Brother uation was the thousands of young men float- Tuesday, October 28, 2003 Bennos and register for services provided by ing around the country laying in wait for our Mr. EMANUEL. Madam Speaker, I rise as a the foundation. In their 20 years of service the American troops. cosponsor and in strong support of H. Res. foundation has provided 132,000 nights of Since then President George Bush ordered 409, a resolution to repudiate the Malaysian lodging, more than 434,000 articles of cloth- more than 25,000 U.S. troops to intervene in Prime Minister for racist comments harmful not ing, 18,900 blankets and medical and dental Somalia in December 1992 to help stop only to the global Jewish community but to the care. deaths from starvation, exacerbated by clan advancement of peace in the Middle East and On behalf of all the people whose lives have warfare, 30 Americans died in combat and global tolerance of racial and ethnic diversity. been touched by the Brother Benno Founda- 175 were wounded. There also were six non- The speech by Prime Minister Mahathir tion I want to recognize the volunteers and combat deaths, and seven soldiers were killed Mohamad to a gathering of Muslim leaders support staff at the Brother Benno Foundation. and one missing off the Kenyan coast in a earlier this month has been described by other Thank you for 20 years of service. crash this month of an ACÐ130 Specter world leaders of democratic and free nations— f including President Bush during his recent trip gunship. In addition, about 68 U.N. soldiers to Asia—as offensive and anti-Semitic. Rhet- CONGRATULATING THE NEW were killed and 262 wounded, according to oric of this nature, which embodies age-old CHAPTER OF THE COLLEGE RE- U.N. figures, making this the bloodiest peace- stereotypes, can be neither excused nor PUBLICANS AT SOUTHERN UNI- keeping operation since the Congo crisis three rationalized. It only serves to incite further sec- VERSITY decades ago. tarian violence and should be condemned uni- This situation is similar to that experienced versally. HON. DAVID VITTER by our troops today in Iraq. I visited the As- Even more disturbing is that none of 57 na- OF LOUISIANA Sayliyah Central Command Base in Doha, tional representatives attending the Organiza- IN THE HOUSE OF REPRESENTATIVES Qatar on October 13, 2003 and heard the con- tion of the Islamic Conference, including some Wednesday, October 29, 2003 cerns of the troops from their own mouths. U.S. allies, have raised their voices in protest. Leaders of the units keep a warm smile and In fact, many demonstrated complicity in Mr. VITTER. Mr. Speaker, I rise today to honor a new organization on the Southern upbeat attitude to keep their troops feeling spreading this message of hate and incitement University campus. A new chapter of the Col- positive despite the compound feeling of against Jews by applauding the Prime Min- ister’s remarks. The standing ovation he re- lege Republicans has been created at this homesickness due to the failure of our govern- Historically Black University in Baton Rouge, ment to timely relieve them and the feeling of ceived and the subsequent defense of his remarks by almost all the participants at this Louisiana. This is a welcome event for all Lou- vulnerability due to the lack of a sufficient meeting of Muslim leaders reminds us that isiana Republicans. number of trained MP’s. I heard testimony anti-Semitic beliefs remain prevalent through- My heartfelt congratulations are extended to about how a ground soldier watched his part- out the world, even in moderate states like all of the members of the Southern University ner and the operator of a military vehicle get Malaysia. College Republicans, and especially club tossed out as the vehicle was thrown airborne I was proud to be one of 80 Members of the president Gene Tinner, for their hard work in by a land mine. ‘‘Why did you hit this mine,’’ House who signed a letter to the Prime Min- founding this new organization. I am confident I asked. ‘‘It was just one of those mines that ister of Malaysia condemning his remarks and that this chapter will earn respect on the was missed in the sweep . . .,’’ said the sol- calling upon him to clarify or retract his state- Southern Campus and throughout Louisiana, dier. Because there isn’t enough personnel or ments. I also commend the Senate for passing and become a valuable addition to the state specialists to assign to technical tasks, un- a resolution condemning the statement and re- Republican Party. I am honored to share this skilled or untrained technicians frequently get questing that President Bush condemn the re- affiliation with such a bright group of young asked to do jobs that they have not mastered marks during his meeting with the Malaysian Louisianians from one of our great educational enough to guarantee the lives of those who Prime Minister in Bangkok during Asia-Pacific institutions. must traverse the sands of Baghdad. He Economic Cooperation (APEC) summit. My best wishes go forth to this new group for their vision and leadership, and to the misses his wife and newborn baby dearly. Be- Mr. Speaker, we must always take a stand Southern University campus for their support. cause there hasn’t been a change in the per- against hatred and bigotry by world leaders sonnel on the front lines in several months, whose rhetoric threatens to make peace in the f Middle East and around the world more elu- many reservists and active duty servicemen 100TH ANNIVERSARY OF sive. I am pleased to be a cosponsor of this and women have spent a longer time in Iraq TRAVELERS PROPERTY CASUALTY important resolution and urge my colleagues than was promised by the Administration. May to support it today. 1, 2003 was supposed to have been a day of f HON. MELISSA A. HART hope and homecoming; instead, it was a OF PENNSYLVANIA sham. Some of these troops feel like ‘‘sitting 20TH ANNIVERSARY OF THE IN THE HOUSE OF REPRESENTATIVES ducks’’ out in the foreign terrain. They don’t BROTHER BENNO FOUNDATION Wednesday, October 29, 2003 speak Arabic. They don’t know Tikrit like they know their hometowns. When I asked them if HON. DARRELL E. ISSA Ms. HART. Mr. Speaker, I am privileged to they have seen any troops of other coalition OF CALIFORNIA have the opportunity to pay tribute to a leading nations, they responded, ‘‘what coalition IN THE HOUSE OF REPRESENTATIVES Insurance Provider that serves Western Penn- sylvania. October 24, 2003 marks the 100th troops?’’ They need support and they need Wednesday, October 29, 2003 continuous relief. anniversary of Travelers Property Casualty, a Mr. ISSA. Mr. Speaker, on Wednesday, Oc- leading provider of a broad range of insurance Many of the vulnerabilities that led to the tober 29, the Oceanside community will cele- products. death of the 18 soldiers in ‘‘Operation Restore brate the 20th anniversary of the Brother Travelers Property Casualty, located in Hope’’ affect our troops in ‘‘Operation Iraqi Benno foundation. Pittsburgh since 1903, currently employs more Freedom.’’ I value the service that our troops The foundation was established by Harold than 225 individuals. Travelers provides a of ‘‘Operation Restore Hope’’ provided, and I and Kay Kutler in 1983 based on the work of wide range of insurance products including am honored to support this important legisla- a Benedictine monk, Brother Benno Garrity, workers compensation, integrated disability, tion to commemorate them. from the Prince of Peace Abbey in Oceanside, property, liability specialty lines and broiler and

VerDate jul 14 2003 04:12 Oct 31, 2003 Jkt 029060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A29OC8.017 E30PT1 E2162 CONGRESSIONAL RECORD — Extensions of Remarks October 30, 2003 machinery. The company is the third largest 1996. Despite the fact that Congress specifi- pects of the student loan program, including commercial lines insurer and has been rated cally removed language concerning ‘‘customer consolidation loans. the second largest writer of homeowners and services fees’’ in its amendment in 1996, the In order to instill such competition, we will auto insurance through independent agents. Department added the language back into the need to make sure that during the reauthoriza- I applaud Travelers Property Casualty for proposed regulation specifying that such fees tion of the Higher Education Act, which is cur- their long-standing dedication to serving the are not CIAC. They then defined the term very rently moving through the Education and the people of Western Pennsylvania and all of broadly to include service laterals, which tradi- Workforce Committee, we repeal the single their insurance needs. tionally and under the most common state law holder rule. I want to thank Chairman I ask all of my colleagues in the House of treatment would be considered CIAC. BOEHNER and Congressman MCKEON, for their Representatives to join me in honoring this Because state regulators require all of the efforts to keep college costs under control dur- successful business for their 100 years of costs of new connections to be paid up front, ing consideration of this important legislation. service. these regulations will force water and sewer- It will be part of my commitment to them as f age utilities to collect the federal tax from well as Federal agencies, students and fami- homeowners, builders, and small municipali- lies everywhere that they can have the benefit TRIBUTE TO THE FRED C. ties. Because they collect it up front, the utility of competition from the more than one thou- FISCHER LIBRARY is forced to ‘‘gross up’’ the tax by collecting a sand qualified lenders in the program when tax on the tax on the tax, resulting in an over they consolidate their loans and, thus, allow HON. THADDEUS G. McCOTTER 55 percent effective tax rate. them to take advantage of historically low OF MICHIGAN This bill will clarify prospectively that water fixed interest rates. IN THE HOUSE OF REPRESENTATIVES and sewerage service laterals are included in f the definition of contributions in aid of con- Wednesday, October 29, 2003 struction (CIAC). It clarifies current law by spe- A TRIBUTE TO REV. ROBERT M. Mr. MCCOTTER. Mr. Speaker, I rise today cifically stating that ‘‘customer service fees’’ WATERMAN to pay tribute to the Fred C. Fischer Library of are CIAC, but maintains current treatment of Belleville, Michigan, as it celebrates its 50th service charges for stopping and starting serv- HON. EDOLPHUS TOWNS anniversary this year. ice (not CIAC). OF NEW YORK Serving the residents of Belleville, Sumpter Mr. MATSUI and Mrs. JOHNSON along with IN THE HOUSE OF REPRESENTATIVES Township, and Van Buren Township, the many of our colleagues here in the chamber, Wednesday, October 29, 2003 Fischer Library was built in 1953, when the worked hard over the course of a number of public library outgrew its space at the J.C. years to restore the pre-1986 Act tax treat- Mr. TOWNS. Mr. Speaker, I rise in honor of Pullen Furniture store, and 3 other locations. ment for water and sewage CIAC. In 1996, we Rev. Robert M. Waterman for his devout com- From 1953 until 1992 the Fred C. Fischer succeeded in passing legislation. It was iden- mitment to his congregation and dedication to Library remained the quaint and homey 3,500 tical to pre-1986 law with three exceptions. his community. square foot library it was built to be. Mean- Two of the changes were made in response to Rev. Robert M. Waterman, the son of a while, the population of the area grew from a Treasury Department request. The third re- Pentecostal preacher, was born in Brooklyn, 12,400 to over 35,000. The library became in- moved the language dealing with ‘‘service New York. As a young man, he was reared in creasingly crowded and more bookshelves connection fees’’ primarily because of potential Hemingway, South Carolina, and steeped in were needed to accommodate the growing confusion resulting from the ambiguity of the both the Pentecostal and Baptist traditions. collection. term. The sponsors of the legislation were In 1985, he was licensed to preach by Thanks to contributions from the Belleville concerned that the IRS would use this ambi- Abundant Life Tabernacle. Rev. Waterman Rotary Club’s Charles B. Cozadd Foundation, guity to exclude a portion of what the state also served as the Associate Pastor and the Simester estate, many smaller individual regulators consider CIAC. Youth Pastor at Union Baptist Church in White contributions, federal grants, and the commit- As part of our efforts, we developed a rev- Plains, New York under the pastoral guidance ment of the City of Belleville, Sumpter and enue raiser in cooperation with the industry to of Reverends Robert L. Mason and Verlin D. Van Buren Townships, the Fischer Library was make up any revenue loss due to our legisla- Williams. He began his work at Antioch on No- able to triple the size of the library, expand its tion, including the three changes. This rev- vember 4, 2001, and was officially installed as catalog to include just about everything from enue raiser extended the life, and changed the the church’s reverend in May of 2003. During books to DVDs, as well as offer public internet method, for depreciating water utility property this time, Reverend Waterman graduated from access, and events for patrons of all ages. from 20-year accelerated to 25-year straight- the New York Theological Seminary with a The Fred C. Fischer Library continues to line depreciation. As a consequence of this Master of Divinity. live up to its mandate of ‘‘making the library sacrifice by the industry, our CIAC change Rev. Waterman has brought many talents to an attractive place for all users, young people made a net $274 million contribution toward Antioch including a youthful exuberance, a particularly.’’ deficit reduction. commitment to getting the job done, and a Mr. Speaker, I hope my colleagues will join What is most important to keep in mind is quiet yet ebullient spirituality. With his leader- me in thanking the Fred C. Fischer Library for that this unnecessary tax of over 55 percent is ship, new seats and carpet have been in- its outstanding service to the people of Michi- passed directly on to homeowners and local stalled in the balcony, an after school home- gan, and wish them well in the next 50 years. governments. I urge my colleagues to join with work program was created, the Wednesday f us in sponsoring this important legislation in night bible study was revived, and a large in- order to ensure that American homeowners do flux of new worshippers have come to the A BILL TO CLARIFY THE TAX not face further burdens. church. Since his installation, Reverend Wa- TREATMENT OF CONTRIBUTIONS f terman has worked closely with the youth min- IN AID OF CONSTRUCTION istry, forming Teens United for Fellowship FEDERAL EMPLOYEE STUDENT (TUFF). He has also established leadership HON. WALLY HERGER LOAN ASSISTANCE ACT classes and retreats, reinstituted the Christian OF CALIFORNIA education department, spearheaded the pur- SPEECH OF IN THE HOUSE OF REPRESENTATIVES chase of a state-of-the-art sound system in the sanctuary, and revived the Antioch Community Wednesday, October 29, 2003 HON. FRED UPTON OF MICHIGAN Service program for youth and seniors. He Mr. HERGER. Mr. Speaker, I am introducing IN THE HOUSE OF REPRESENTATIVES has also been instrumental in the building fund legislation today to ensure that burdensome for the elevator project. regulation does not add unnecessarily to the Tuesday, October 28, 2003 Spiritually, Reverend Waterman is known as cost of housing. Mr. UPTON. Mr. Speaker, I commend my ‘‘The Preacher of Thunder’’ as he encourages The need for this legislation is brought colleagues for this needed legislation, which his congregation to know God so that hearts, about because the Department of Treasury ensures the federal government’s deep com- and thereby lives, can be changed. His com- has issued regulations to provide guidance on mitment to a highly trained, diverse workforce. mitment to Antioch is demonstrated by his re- the definition of contributions in aid of con- But we should go even further. In order to location to the Bedford-Stuyvesant community. struction, so called CIAC, as enacted under best maximize federal government resources, As Antioch Baptist Church celebrates its the Small Business Job Protection Act of we should encourage competition in all as- 85th anniversary, the church is stronger than

VerDate jul 14 2003 04:12 Oct 31, 2003 Jkt 029060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A29OC8.022 E30PT1 October 30, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2163 ever with the guidance and leadership of Rev- Public education is the cornerstone of the Founded in 1971, St. Barnabas is also ac- erend Waterman. American dream, leveling the playing field and credited by the Florida Council of Independent Mr. Speaker, in a short time, Rev. Robert M. providing every child with the opportunity to Schools. The school has an enrollment of 344 Waterman has already made a positive dif- make the most of his or her talents. It is tal- students ranging from Pre-Kindergarten to 8th ference in the lives of the Antioch Baptist ented professionals like Tom who truly shape Grade. What makes St. Barnabas excellent is Church congregation and the Bedford- the leaders of tomorrow. He is dedicated to the school’s drive for excellence both in and Stuyvesant community. As such, he is more the positive development of not only our chil- out of the classroom by stressing the growth than worthy of receiving our recognition. I dren’s intellect, but their character develop- of the student’s character as well as intellect. hope that all of my colleagues will join me in ment as well. In speaking to Tom, his remark- The school focuses on academic excellence, honoring this truly remarkable individual. able commitment and dedication to his stu- as well as sound moral values and high self f dents and Vinal is undeniable and I am sure esteem. As an Episcopal School, St. Barnabas his presence will be missed. also stresses a strong relationship with God RECOGNIZING MATTHEW FISH FOR As a lifelong resident of Middletown, Tom is and the community in order to build well- ACHIEVING THE AWARD OF deeply involved in the life of his community. In rounded students and citizens. GOLD MEDAL OF ACHIEVEMENT serving one term as Mayor, actively partici- On a more personal note, my grandmother, pating on the Democratic Town Committee, Nora Walker, was a principal, so education HON. SAM GRAVES the City Council, the Police Commission, as runs in my family. I understand the difficulties OF MISSOURI well as a myriad of other municipal commit- of teaching and raising young children, espe- IN THE HOUSE OF REPRESENTATIVES tees and local service organizations, he has cially in today’s society. That is why I firmly Wednesday, October 29, 2003 become one of Middletown’s most respected believe in the President’s ‘‘No Child Left Be- Mr. GRAVES. Mr. Speaker, I proudly pause and highly-regarded leaders. I am confident hind’’ plan for education and believe it is the to recognize Matthew Fish, a very special that even in his retirement he will remain a best course of action for our nation’s schools. young man who has exemplified the finest strong and vocal advocate for Middletown and I am very pleased to see St. Barnabas Epis- qualities of citizenship and leadership by tak- its residents. copal School following the President’s plan in ing an active part in the Royal Rangers of Today, as Tom celebrates his retirement, I becoming a ‘‘No Child Left Behind Blue Rib- Northern Missouri and in earning the most would like to express my deepest thanks and bon School of Excellence.’’ prestigious award, the Gold Medal of Achieve- appreciation for his tireless efforts on behalf of Mr. Speaker, St. Barnabas should be an in- ment. the City of Middletown. He is a leader who is spiration to us all and I am honored to recog- Matthew has been very active with his second to none, and his talent and commit- nize them today in front of the entire Congress troop, participating in many scout activities. ment have enriched our lives. It is with great as pillars of the community as well as leaders Over the 10 years Matthew has been involved pleasure that I join his wife, Maryann; his chil- in the field of education. with the Rangers, he has held numerous lead- dren, Jason and Christopher; as well as the f many family, friends, and community members ership positions, serving as Patrol Guide and PERSONAL EXPLANATION Senior Patrol Guide. He also was involved in who have gathered this evening to wish Tom Frontiersmen Camping Fellowship, Fine Arts many more years of health and happiness. Youth Department, and elected as National f HON. JANICE D. SCHAKOWSKY OF ILLINOIS Scout. HONORING ST. BARNABUS IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, I proudly ask you to join me in EPISCOPAL SCHOOL commending Matthew Fish for his accomplish- Wednesday, October 29, 2003 ments with the Royal Rangers and for his efforts put forth in achieving the highest distinc- HON. E. CLAY SHAW, JR. Ms. SCHAKOWSKY. Mr. Speaker, on roll- tion of Gold Medal of Achievement. OF FLORIDA call no. 570, Basic Pilot Extension Act of IN THE HOUSE OF REPRESENTATIVES 2003, had I been present, I would have voted f ‘‘nay.’’ Wednesday, October 29, 2003 HONORING THOMAS J. SERRA ON f THE OCCASION OF HIS RETIRE- Mr. SHAW. Mr. Speaker, I rise today in rec- MENT ognition of St. Barnabas Episcopal School in A TRIBUTE TO DR WALDABA H. Deland, Florida for the accomplishment of STEWART, JR., PH.D HON. ROSA L. DeLAURO being chosen as a ‘‘National No Child Left Be- hind Blue Ribbon School of Excellence.’’ St. OF CONNECTICUT HON. EDOLPHUS TOWNS Barnabas has been an exceptional example of IN THE HOUSE OF REPRESENTATIVES OF NEW YORK how the ‘‘No Child Left Behind’’ program en- IN THE HOUSE OF REPRESENTATIVES Wednesday, October 29, 2003 sures that every child learns, and that no child Wednesday, October 29, 2003 Ms. DELAURO. Mr. Speaker, it is with great will ever be forgotten. pleasure that I rise today to join in paying trib- Since its conception in 1982, by the United Mr. TOWNS. Mr. Speaker, I rise in honor of ute to one of Connecticut’s finest school ad- States Secretary of Education under President Dr. Waldaba H. Stewart, Jr. for his commit- ministrators and community activists. People Reagan, the Blue Ribbon School of Excel- ment to public service and active involvement like Thomas Serra are what make our commu- lence has identified public and private schools in New York’s civic affairs for more than 40 nities strong. From his important work edu- throughout the country that exhibit extraor- years. cating the young people of Middletown for the dinary teaching and learning techniques. The While Dr. Waldaba H. Stewart, Jr. is a na- past 30 years to his involvement in many Blue Ribbon award is given to a school in rective of Panama, he has been a vital asset to other settings, he has dedicated his life to ognition of exemplary performance in the the Brooklyn community for more than four public service. fields of both education and community serv- decades. Starting with the Unity Democratic I often speak of our Nation’s need for tal- ice. This year, the United States Department Club in 1960, he worked as an Election Dis- ented, creative, enthusiastic teachers who are of Education recognized 176 public and 47 pri- trict Captain and Campaign Manager for the ready to help our children learn and grow. vate schools as Blue Ribbon Schools. St. Bar- late Thomas R. Fortune, Executive Member. Tom Serra is just that kind of educator. nabas was the only Episcopal School to be Dr. Stewart was a diligent member of the Throughout his career, he has touched the recognized for this award this year. In order to Unity Democratic Club advising and sup- lives of thousands of children—ensuring that be recognized as a National Blue Ribbon porting in all political elections. they had the skills and tools necessary to be School, an intense, research-based list of cri- In 1968, he began his own political career successful in their adult lives. Tom began as teria must be met. A Blue Ribbon School must as a successful candidate for State Senate, an English instructor at Vinal Technical High excel in all areas of academic leadership, where he served for four years. From 1968Ð School where he would later take on the role teaching, faculty and parent involvement, stu- 1969, he served as Statewide Chairman of the of athletic coordinator. Fourteen years ago, dent achievement levels, as well as safety and NAACP Political Action and Voter Registration Tom moved into administration becoming the discipline levels. With standardized test scores Committee. He was also one of the founding school’s assistant director and for the last six constantly in the top 10 percent of the nation, members of the Board of Directors of the years, he has been leading Vinal as the Direc- St. Barnabas qualified by submitting their ap- Commerce, Labor, and County of Kings Cor- tor. plication for the National Blue Ribbon. poration that converted the Brooklyn Navy

VerDate jul 14 2003 04:12 Oct 31, 2003 Jkt 029060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A29OC8.026 E30PT1 E2164 CONGRESSIONAL RECORD — Extensions of Remarks October 30, 2003 Yard into an industrial park. Additionally, Dr. HONORING THE HONORABLE HONORING LESLIE AND RITA Stewart was a member of the New York State GUIDO CALABRESI AS HE IS GORENFLO, 2002 ANGELS IN Governor Mario Cuomo’s Advisory Committee HONORED WITH THE CHARLES A. ADOPTION on Black Affairs and a New York State dele- RAPALLO AWARD gate to President Jimmy Carter’s White House HON. E. CLAY SHAW, JR. Conference on Small Business. OF FLORIDA HON. ROSA L. DeLAURO IN THE HOUSE OF REPRESENTATIVES Dr. Stewart has been very active in ensuring Wednesday, October 29, 2003 a strong future for Kings County Hospital. OF CONNECTICUT From 1984Ð1990, Dr. Stewart served as chair- IN THE HOUSE OF REPRESENTATIVES Mr. SHAW. Mr. Speaker, I rise today to recognize Leslie and Rita Gorenflo, my 2002 An- person of the Community Advisory Board of Wednesday, October 29, 2003 gels in Adoption. Kings County Hospital and a member of the Every year the Congressional Coalition on Medical Board. In 1984, he began a campaign Ms. DELAURO. Mr. Speaker, It is with great Adoption asks Members of Congress for an for the rebuilding and modernization of Kings pride that I rise today to join the Columbian honoree(s) from their congressional district County Hospital, resulting in the current re- Lawyers Association in paying tribute to one of that has made a remarkable difference in the building program of more than $100 million, the New Haven community’s most outstanding area of adoption. Last year the Children’s which was completed in 2002. In the commu- citizens, and my dear friend, the Honorable Home Society of Florida informed me of a nity, Dr. Stewart has also served as the Chair- Guido Calabresi. In recognition of his contribu- very special family in Palm Beach County, the person of the Program Development Com- Gorenflos. tions, Judge Calabresi will be honored with the Mr. Speaker, Leslie and Rita Gorenflo have mittee of the Community Advisory Board from thirty-eighth annual Charles A. Rapallo Award. blessed the lives of six children who they have 1980Ð1984, and 1991Ð1998. The first Italian-American appointed to the adopted. All of the children in their home have Currently, Dr. Stewart is the director of the New York State Court of Appeals, Charles A. special needs, most of them medical. Rita is Southern Diaspora Research and Develop- Rapallo has served as an example to many a registered nurse, but no longer works out- ment Center (SDRDC), which is a non-govern- young law professionals. Each year, the Co- side the home because she practices her nursing skills with her children. Along with giv- mental organization. The executive members, lumbian Lawyers Association, a professional officers and all of the members of Unity ing out medication, administering tube organization of Italian-American attorneys, feedings and breathing treatments, Rita hands Democratic Club salute Dr. Waldaba Stewart honors an individual who has demonstrated a out much love and encouragement. Les works for his enduring and strong support. unique commitment to the field of law. Though long and hard so that Rita can stay at home Mr. Speaker, in a short time, Dr. Waldaba he has been recognized with a myriad of hon- to care for the children and be their advocate. H. Stewart, Jr. has been a dedicated public orary degrees, awards, and commendations— Not only is Rita a wonderful advocate for servant for more than 40 years, demonstrating both in the United States and abroad—the her children, she is always the first to volun- a real commitment to the community. As such, Charles A. Rapallo Award is a true reflection teer to speak publicly to share her story and he is more than worthy of receiving our rec- of the many invaluable contributions Guido encourage others to adopt. It is not unusual to see this family’s picture in the newspaper, or ognition. I hope that all of my colleagues will has made to the judiciary and the bench. on television, telling the world what an honor join me in honoring this truly remarkable indi- Born in Milan, Italy, Judge Calabresi has be- and privilege it is to be an adoptive parent. vidual. come one of New Haven’s most respected The smiles on the faces of the children tell scholars in the field of Law. Graduating from how blessed they are to be members of this f Yale University, Oxford University, and Yale loving family. Law School, where he was first in his class, Mr. Speaker, November is National Adop- RECOGNIZING ANDREW STAFFORD tion Month, and as our nation honors both FOR ACHIEVING THE AWARD OF his impressive career has spanned nearly half a century. From clerking for United States Su- adoptive parents and children, we salute those GOLD MEDAL OF ACHIEVEMENT who have made a loving family environment preme Court Justice Hugo Black, to serving as for so many children. I am honored to have Dean and Sterling Professor at Yale Law this wonderful family as constituents in my HON. SAM GRAVES School, to his judicial appointment to the congressional district and I am proud to recog- United States Court of Appeals—his has been OF MISSOURI nize them as Angels in Adoption. a career that will leave a legacy which is sure f IN THE HOUSE OF REPRESENTATIVES to inspire generations to come. He has lived PERSONAL EXPLANATION Wednesday, October 29, 2003 the American Dream. Throughout his life, Judge Calabresi has Mr. GRAVES. Mr. Speaker, I proudly pause HON. JANICE D. SCHAKOWSKY also demonstrated a unique commitment to OF ILLINOIS to recognize Andrew Stafford, a very special his community. As a professor, he continues IN THE HOUSE OF REPRESENTATIVES young man who has exemplified the finest to touch the lives of hundreds. Though ap- Wednesday, October 29, 2003 qualities of citizenship and leadership by tak- pointed to the United States Appeals Court ing an active part in the Royal Rangers of Ms. SCHAKOWSKY. Mr. Speaker, on roll- nearly a decade ago, Judge Calabresi con- call No. 569, rule to recommit the Conference Northern Missouri and in earning the most tinues to serve as a member of the faculty of prestigious award, the Gold Medal of Achieve- Report on H.R. 2215, rollcall No. 571, Markey Yale Law School as Sterling Professor Emer- motion to Instruct Conferees on H.R. 6, rollcall ment. itus and Professional Lecturer. Those he has No. 572, Woolsey Motion to Instruct Con- Andrew has been very active with his troop, trained will go on to teach others, for his is not ferees on H.R. 1308, rollcall No. 5731, Brown participating in many scout activities. Over the just a legacy of books and articles but of ideas (OH) Motion to Instruct Conferees on H.R. 1, 11 years Andrew has been involved with the and inspiration. had I been present, I would have voted ‘‘yea.’’ Rangers, he has held numerous leadership I have known Judge Calabresi for many f positions, serving as Patrol Guide and Senior years and consider myself fortunate to call him A TRIBUTE TO RAUL KING Patrol Guide. He also was involved in Fron- my friend. It is with great pleasure that I stand tiersmen Camping Fellowship and Fine Arts today to join his wife, Anne, family, friends, HON. EDOLPHUS TOWNS Youth Department. and colleagues in extending my congratula- OF NEW YORK Mr. Speaker, I proudly ask you to join me in tions to Judge Guido Calabresi on this very IN THE HOUSE OF REPRESENTATIVES commending Andrew Stafford for his accom- special occasion. Friend, teacher, public serv- Wednesday, October 29, 2003 plishments with the Royal Rangers and for his ant—he has left an indelible mark on this com- Mr. TOWNS. Mr. Speaker, I rise to honor efforts put forth in achieving the highest dis- munity and we have been fortunate to benefit Raul King for his success in the realty busi- tinction of Gold Medal of Achievement. from his brilliance and unparalleled generosity. ness, which has earned him the Thomas R. Fortune Business Award.

VerDate jul 14 2003 04:12 Oct 31, 2003 Jkt 029060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A29OC8.031 E30PT1 October 30, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2165 Raul King was born on March 17, 1946 in ents, and the Greater New Haven community Place of Hope, located in Palm Beach Gar- the Dominican Republic. The son of Rosa and in celebrating the 90th Anniversary of the dens, Florida, made me aware of a very spe- Pedro King, and the second of five children, Clifford W. Beers Guidance Clinic of New cial family in Palm Beach County, the Raul came from modest and humble begin- Haven, Connecticut. This is a milestone for a Mannings. nings. At an early age, Raul learned the value special organization. Bill and Tricia Manning have been members of hard work. ‘‘A pen rather than a lance has been my of Place of Hope for many years. Place of He worked as a boiler mechanic on a loco- weapon of offense and defense; for with its Hope is a family-style community that fosters motive train that would cross the town of point I have felt sure that I should one day children in group homes. The Mannings Sanchez where he lived. In the summer of prick the civic conscience into a compas- caught the vision and began helping even 1963, at the age of 17, Raul enlisted into the sionate activity, and thus bring into a ne- prior to the arrival of foster children into Place navy, earning the rank of Officer Petty Class. glected field earnest men and women who of Hope’s unique campus and family cottages. In 1970, Raul made his first trip to the should act as champions for those afflicted Tricia is employed at Place of Hope as a United States, where he arrived in New York. thousands least able to fight for themselves.’’ Relief Cottage Parent, providing consistent Once in New York he worked as a mechanic This passage, taken from Clifford W. Beers’ A weekly relief care at the Brett Harris Weinstein and obtained his G.E.D. at Bushwick High Mind That Found Itself, has and continues to Family Cottage for six foster girls. She also School. be the guiding principle of the clinic and its owns her own business, and is a certified In 1981, Raul got involved in real estate in- staff. Since its inception in 1913, the clinic has MAPP trainer for foster and adoptive families. vestments and through perseverance and trial strived to address the critical needs of the Although her husband Bill works full-time, he and error, he became a promising real estate mentally ill and has expanded its mission to also recently completed a Masters Degree and salesperson. By 1990, Raul obtained his li- assist children and families who face such cri- volunteers countless hours, along with their cense in real estate and became a licensed ses as violence, teenage suicide, drug use, two children, at Place of Hope supporting Realty Broker. homelessness, physical and sexual abuse, Tricia and the efforts of Place of Hope. For the past decade, Raul has shown a and the impact of AIDS on children. When the Mannings started working with passion for the realty business and he has no Clifford Whittingham Beers, one of the first Place of Hope, they had already adopted a plans to retire. mental health advocates in America, founded boy from Romania. In addition, the Mannings Raul and his wife Beebis King have been the clinic as a compassionate alternative to were foster/adoptive parents in the state of married for 23 years. They now have four chil- early psychiatric institutions where the men- Florida. They later adopted another boy dren and five grandchildren tally ill were treated. His own battle with men- through the public child welfare system. Mr. Speaker, from humble beginnings, Raul tal illness inspired Beers to the belief that Bill and Tricia are always there for children King has come to this country and has be- those suffering from ‘‘diseases of the mind’’ in need. They continue to provide foster care, come a successful realtor through hard work would have the best chance to become currently for two more beautiful children in and dedication. As such, he is more than wor- healthy and productive if they received treat- need. They have hearts for children and it thy of receiving our recognition. I hope that all ment and understanding in their own commu- shows through their dedication and commit- of my colleagues will join me in honoring this nities. His work and unparalleled advocacy ment to them. Bill and Tricia make a great truly remarkable individual. changed the face of American psychiatry. team and provide a wonderful balance for f Today, the clinic, working with local agen- each other. Bill and Tricia Manning are very RECOGNIZING JASON BREWER FOR cies and organizations, is able to provide a appreciated for all that they do each day for ACHIEVING THE AWARD OF multitude of programs to those most in need. hurting children within our South Florida com- GOLD MEDAL OF ACHIEVEMENT The partnerships they have established allow munity. them to provide comprehensive services to Mr. Speaker, as we recognize the month of their clients—making a real difference in the November as National Adoption Month, I am HON. SAM GRAVES lives of thousands of children and families. honored to have this wonderful family as con- OF MISSOURI Just recently, I had the opportunity to visit the stituents in my congressional district. It gives IN THE HOUSE OF REPRESENTATIVES Clifford Beers Clinic and was touched by the me great privilege to nominate them as Angels Wednesday, October 29, 2003 story of a man whose children received care of Adoption. Mr. GRAVES. Mr. Speaker, I proudly pause at the clinic. The pure gratitude that this man f to recognize Jason Brewer, a very special expressed to the clinic and its staff for being there for him and his family is indescribable. In A TRIBUTE TO HARRY T. young man who has exemplified the finest PINCHBACK qualities of citizenship and leadership by tak- building upon the vision of Clifford Beers, the ing an active part in the Royal Rangers of clinic has been able to provide one of life’s Northern Missouri and in earning the most most precious gifts—hope. HON. EDOLPHUS TOWNS prestigious award, the Gold Medal of Achieve- Through its gift of hope, the Clifford Beers OF NEW YORK ment. Clinic has left an indelible mark on our com- IN THE HOUSE OF REPRESENTATIVES Jason has been very active with his troop, munity and the thousands of lives they have Wednesday, October 29, 2003 participating in many scout activities. Over the touched. For its many invaluable contributions Mr. TOWNS. Mr. Speaker, I rise in honor of eleven years Jason has been involved with to our community and for all of their work on Harry T. Pinchback for his long-time public the Rangers, he has held numerous leader- behalf of our children and families, I am proud service and commitment to the Brooklyn com- ship positions, serving as Patrol Guide and to stand today and extend my sincere con- munity. Senior Patrol Guide. He also was involved in gratulations to the Clifford W. Beers Guidance A descendant of P.B.S. Pinchback, the first Frontiersmen Camping Fellowship. Clinic on their 90th Anniversary. African American to become a state governor, Mr. Speaker, I proudly ask you to join me in f Harry T. Pinchback was born and raised in the commending Jason Brewer for his accomplish- IN HONOR OF BILL AND TRICIA Bedford-Stuyvesant neighborhood of Brooklyn. ments with the Royal Rangers and for his ef- MANNING—THE 2003 ANGELS OF In his late teens, he moved to the Brownsville forts put forth in achieving the highest distinc- ADOPTION section of Brooklyn. He and his wife Peggy tion of Gold Medal of Achievement. have been married for 45 years, and they f HON. E. CLAY SHAW, JR. have a daughter Angela and a grandson HONORING THE CLIFFORD W. OF FLORIDA named Paris. BEERS GUIDANCE CLINIC ON IN THE HOUSE OF REPRESENTATIVES ‘‘Pinch,’’ as he is universally known through- THEIR 90TH ANNIVERSARY out Brooklyn, graduated from Alexander Ham- Wednesday, October 29, 2003 ilton High School in Brooklyn and would later HON. ROSA L. DeLAURO Mr. SHAW. Mr. Speaker, I rise today to rec- attend John Jay College of Criminal Justice for OF CONNECTICUT ognize Bill and Tricia Manning, my 2003 An- two years. IN THE HOUSE OF REPRESENTATIVES gels of Adoption. Before entering public service, Pinch first Every year the Congressional Coalition on pursued a career as a professional singer and Wednesday, October 29, 2003 Adoption asks Members of Congress for an then as a professional baseball player, where Ms. DELAURO. Mr. Speaker, it is with great honoree(s) from their district who has made a he played left field for the St. Louis Cardinal pleasure that I rise today to join with staff, cli- remarkable difference in adoption. This year, minor league organization.

VerDate jul 14 2003 04:12 Oct 31, 2003 Jkt 029060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A29OC8.036 E30PT1 E2166 CONGRESSIONAL RECORD — Extensions of Remarks October 30, 2003 Back in Brooklyn, Pinch joined the New Rev. Hatcher was born in Slab Fork, West the Rangers, he has held numerous leader- York City Police Department (NYPD) in 1967. Virginia to the late Letcher and Eva Hatcher. ship positions, serving as Patrol Guide and He was the first supervisor of the summer In 1959, he moved to New York City where he Senior Patrol Guide. He also was involved in youth program for the 75th Precinct in Brook- met Susie Clarke, who after an extensive Frontiersmen Camping Fellowship. lyn, which took children on recreational and courtship would later become his wife. Their Mr. Speaker, I proudly ask you to join me in educational field trips. He was also the first union resulted in three children, Kecia, Nicole commending Michael Kinchelo for his accom- supervisor of the cadet program for the 75th and Richard Hatcher, Jr. plishments with the Royal Rangers and for his Precinct, which was a training program for While devoutly serving in Christian fellow- efforts put forth in achieving the highest dis- those who wanted to enter the police force. ship at the Mount Pleasant Baptist Church, tinction of Gold Medal of Achievement. Pinch was also the first coordinator of the Rev. Hatcher received the calling to God’s school crossing guard program for the 75th ministry. After intensive studies at the Manhat- f Precinct. tan Bible Institute, he became a licensed min- Additionally, he risked his life on the force in ister. Shortly thereafter, Rev. Hatcher was or- A TRIBUTE TO LENA several dangerous situations, working on the dained. He furthered his education, earning a SCARBOROUGH-GATES narcotics unit in Brooklyn and on undercover Bachelor of Arts degree from the College of assignments throughout New York City. New Rochelle. HON. EDOLPHUS TOWNS Pinch was also the first African-American Rev. Hatcher pastored at Bethenia Baptist selected to the NYPD softball team and one of Church for 15 years. Through his leadership OF NEW YORK the first African-Americans selected to the and with God’s blessings, the church was able IN THE HOUSE OF REPRESENTATIVES NYPD football team. to acquire adjoining property which led to the Wednesday, October 29, 2003 After retiring from the NYPD in 1988, he re- expansion and renovation of the church, in- turned to public service, working as a Special cluding the installation of new pews, pur- Mr. TOWNS. Mr. Speaker, I rise in honor of Assistant for Congressman Ed Towns, where chasing a new piano, construction of new of- Lena Scarborough-Gates for her commitment he still continues to serve. fice space, and creating a learning room for to the education of our children. Mr. Speaker, Harry T. Pinchback has had a the youth and a room solely designed for Lena Scarborough-Gates was born in long and distinguished career serving the peo- prayer. The renovation also included a com- Brooklyn, New York. She attended Brooklyn ple of Brooklyn, first as a police officer and plete face-lift of the main sanctuary. Weekly College where she received her Bachelor’s of then in the Office of Congressman Ed Towns. bible study and the ‘‘Hour of Power’’ prayer Arts Degree and Master’s of Arts Degree, both As such, he is more than worthy of receiving service were instituted to further serve as a in Early Childhood Education. She was ac- our recognition. I hope that all of my col- spiritual base for Bethenia’s members. cepted into the Assistant Principal’s Internship leagues will join me in honoring this truly re- Although the loss of his beloved wife, Susie, program, sponsored by the Department of markable individual. was devastating, it did not weaken his faith or Education where she was awarded four super- f commitment to his calling. On July 9, 2000, visory licenses, Principal, Assistant Principal, Rev. Hatcher preached his initial sermon as Education Administrator and Early Childhood RECOGNIZING KARL CULLEN FOR Pastor-Elect of Bethesda Memorial Baptist Supervisor. She began work on her doctorate ACHIEVING THE AWARD OF Church. Although it has been only three years, degree at New York University. GOLD MEDAL OF ACHIEVEMENT Rev. Hatcher has proved to be a spiritual Lena started her teaching career at the leader, teacher and motivator. His accomplish- Emanuel Day Care Kindergarten at Emanuel HON. SAM GRAVES ments are already numerous. They include Baptist Church. She then moved on to be- OF MISSOURI getting the day care functioning again, install- come Group Teacher at the Faith Hope and IN THE HOUSE OF REPRESENTATIVES ing a bathroom in the daycare, enlarging the Charity #1. After a few years at Faith Hope pastor’s office, opening a trustee room, and Wednesday, October 29, 2003 and Charity #1, she began her career at the establishing a music room. Marble floors have New York City Department of Education, Com- Mr. GRAVES. Mr. Speaker, I proudly pause been installed in the lobby and several of the munity School 21 as a kindergarten teacher. to recognize Karl Cullen, a very special young church’s windows have been replaced and up- At Community School 21, she also served as man who has exemplified the finest qualities graded. The Rev. Hatcher also started a Food a first grade teacher, Community School Coor- of citizenship and leadership by taking an ac- for Survival and Food Bank Program as well dinator and staff developer. tive part in the Royal Rangers of Northern as a soup kitchen, which feeds up to 150 peo- She furthered her professional career by Missouri and in earning the most prestigious ple. moving to Public School 5 as an Assistant award, the Gold Medal of Achievement. Mr. Speaker, Rev. Richard A. Hatcher has Principal. Later, she would become Principal Karl has been very active with his troop, been an exemplary pastor to his congregation, of Public School 5. participating in many scout activities. Over the serving as a spiritual leader and teacher for Lena is a member of the Antioch Baptist 10 years Karl has been involved with the the community. As such, he is more than wor- Church where she serves as the chairperson Rangers, he has held numerous leadership thy of receiving our recognition. I hope that all of the Board of Trustees and as a member of positions, serving as Patrol Guide and Senior of my colleagues will join me in honoring this the Antioch Music Ministry. She is a member Patrol Guide. He also was involved in Fron- truly remarkable individual. of the Antioch Community Service Corporation tiersmen Camping Fellowship and Fine Arts f and founder of Caring Educators in Action. Department Youth at the National Level. She is also a member of the Stuy Park Lion’s Mr. Speaker, I proudly ask you to join me in RECOGNIZING MICHAEL KINCHELO Club International. commending Karl Cullen for his accomplish- FOR ACHIEVING THE AWARD OF ments with the Royal Rangers and for his ef- GOLD MEDAL OF ACHIEVEMENT Lena is a member of the Ebony Ecumenical forts put forth in achieving the highest distinc- Ensemble, which has afforded her to travel tion of Gold Medal of Achievement. HON. SAM GRAVES throughout the country. The Ebony Ecumeni- cal sings as one of its featured songs, a song OF MISSOURI f written by Dr. James A. Forbes, senior min- IN THE HOUSE OF REPRESENTATIVES A TRIBUTE TO REV. RICHARD A. ister of the Riverside Church called ‘‘Love My HATCHER Wednesday, October 29, 2003 Children.’’ Lena, who has a passion for chil- Mr. GRAVES. Mr. Speaker, I proudly pause dren, says that this song is a tribute to chil- HON. EDOLPHUS TOWNS to recognize Michael Kinchelo, a very special dren everywhere. OF NEW YORK young man who has exemplified the finest Lena is married to James Gates and that union has been blessed with twin sons, Jaime IN THE HOUSE OF REPRESENTATIVES qualities of citizenship and leadership by taking an active part in the Royal Rangers of Derrell and Jarrarie Darryl. Wednesday, October 29, 2003 Northern Missouri and in earning the most Mr. Speaker, Lena Scarborough-Gates has Mr. TOWNS. Mr. Speaker, I rise in honor of prestigious award, the Gold Medal of Achieve- dedicated her professional career to educating Rev. Richard A. Hatcher for his exemplary and ment. our children. As such, she is more than worthy distinguished service to his congregation, Michael has been very active with his troop, of receiving our recognition. I hope that all of which has earned him the Thomas R. Fortune participating in many scout activities. Over the my colleagues will join me in honoring this Pastor of the Year Award. eleven years Michael has been involved with truly remarkable individual.

VerDate jul 14 2003 04:25 Oct 31, 2003 Jkt 029060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\A29OC8.040 E30PT1 October 30, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2167 REPUDIATING ANTI-SEMITIC SEN- time we have worked together on many American aid to help fight Islamic radicals TIMENTS EXPRESSED BY DR. projects for the benefit of our community. is often offset by bribes soldiers take from MAHATHIR MOHAMAD, OUTGOING The Alaimos work in tandem with Memorial terrorists to let them get away. Operatives Hospital of Burlington County’s Foundation, affiliated with Al Qaeda have escaped from PRIME MINISTER OF MALAYSIA maximum-security military prisons, once the Burlington County Chapter of the Boy using a helicopter. SPEECH OF Scouts of America and the Rancocas Valley If Washington and Manila are serious HON. ERIC CANTOR Education Foundation. They also serve on the about eliminating Abu Sayyaf, the United committee for Mount Holly Pro Day, an event States Special Forces should be given the as- OF VIRGINIA which brings illustrious sports figures such as signment. The terrorist group consists of IN THE HOUSE OF REPRESENTATIVES Mount Holly native Franco Harris into the lime- about 100 poorly trained amateurs. They Tuesday, October 28, 2003 would be no match for American soldiers al- light in effort to raise funds for local children ready in the Philippines, but they are still Mr. CANTOR. Madam Speaker, today I rise in need, a cornerstone of much of their work eluding Filipino troops. in support of H. Res. 409—Repudiating the re- through the years. The Philippine Constitution does not allow cent anti-Semitic sentiments expressed by Dr. Successful in careers, business, and in life, foreign troops to wage combat missions on Mahathir Mohamad, the outgoing prime min- Dick and Doris Alaimo have generously Filipino soil. It does, however, allow the ister of Malaysia, which makes peace in the shared their success, time, money, energy United States to come to the defense of the and most importantly, care and concern with Philippines if the islands are attacked. Such Middle East and around the world more elu- an action can be justified in the present case sive, sponsored by my good friend Represent- the community, always striving to make our because the terrorist groups get foreign ative Roy Blunt. hometown a better place to live and work. money. Prime Minister Mahathir Mohamad has re- It is for these reasons they have been se- The mission could win support on Capitol peatedly crossed the line voicing offensive and lected to receive this prestigious award, and Hill because the situation in the Philippines inappropriate criticism of Jews. Instead of for these reasons I pay tribute to them today. is precisely what the one in Iraq is not: there speaking about fighting terrorism or furthering May their legacy of volunteerism continue is a known enemy of limited ability and through their children, grandchildren, and the numbers on a few small, isolated islands peaceful cooperation, he chooses to preach with scant local support. There is minimal hate. Mahathir’s verbal attacks on Jews lent community they so love. risk of escalation because the country is credence and legitimacy to the hateful mes- f only about 5 percent Muslim. Perhaps more sage of terrorists. A FAIR FIGHT IN THE important, fellow Filipino Muslims do not support Abu Sayyaf. Separatist Moros view Today the Congress will do the right thing PHILIPPINES by condemning Mahathir’s remarks and by them as a for-profit gang of thugs rather making military aid to Malaysia conditional on than a religious movement to defend Islam. religious freedom, including greater tolerance HON. TOM FEENEY The provincial governor of the Autonomous OF FLORIDA Region of Muslim Mindanao ordered his se- of Jews. curity force to cooperate in the hunt for Abu IN THE HOUSE OF REPRESENTATIVES Malaysian Foreign Minister Syed Hamid Sayyaf. Albar this afternoon complained that the reli- Wednesday, October 29, 2003 Unless the integrity of arms transfers to gious freedom vote was an example of the Mr. FEENEY. Mr. Speaker, this Member the Philippine military can be guaranteed, United States trying to ‘‘discipline the world in which is not likely, the United States should commends to his colleagues the October 18, consider cutting off military aid to the Phil- their own mold.’’ 2003, New York Times op-ed by Brett Decker To the Malaysian Foreign Minister, I re- ippines and replacing it with economic sup- titled ‘‘A Fair Fight in the Philippines.’’ I par- port to help develop the poor Muslim islands spond, you are absolutely correct. In America ticularly note that American aid to the Phil- in the south. a person is not judged because of who they ippine military has wound up on the black There has been some success in winning worship and they are not persecuted by the market or in the hands of Islamic radicals. local ‘‘hearts and minds’’ already. After building a few roads, bridges, sewers government for believing in the wrong God. America can’t pursue its War on Terrorism by For over 200 years America has been a bea- and wells last year, American soldiers were practicing the old ways of doing business. cheered by appreciative Muslims as the con of hope and freedom for the rest of the [From the New York Times, Oct. 18, 2003] world. We have stood the test of time; defend- troops pulled out of Mindanao. More aid for A FAIR FIGHT IN THE PHILIPPINES infrastructure could go a long way to sooth- ing the rights of the individual to pursue happi- (By Brett M. Decker) ing centuries of resentment derived from ness as they choose. America has an obliga- President Bush is in Manila today to visit being shut out of the national economy. tion to aid nations that further peace through A reorientation of American aid would his ally in the war against terror, President have the added benefit of helping bolster tolerance and freedom, Malaysia needs to un- Gloria Macapagal Arroyo of the Philippines. Philippine democracy. The military has in- derstand that. Mr. Bush has already announced some $340 stigated coups in every administration ex- Europe and The Organization of the Islamic million in aid to the Philippines this year, cept one since 1965. Withholding support Conference needs to issue a strong and real and President Arroyo has said she plans to from the Philippine brass sends the message request additional military assistance to renunciation of Prime Minister Mahathir’s re- that Washington—the nation’s most impor- fight terrorism. There’s only one problem marks. The renunciation of these hateful com- tant ally—expects the military to keep its with this alliance: ments would do more to create a safe and se- hands off the civilian institutions of govern- cure world than all the hate-filled rhetoric ever American aid hasn’t improved the Phil- ippine military so far, and in many ways it ment. The White House should carefully assess will. has benefited the Islamic militants it seeks what course will best help stabilize one of its f to combat. most reliable allies in Asia. Despite the inev- In August, Gen. Narciso Abaya, chief of the itable complications, the Philippines is wor- TRIBUTE TO DICK AND DORIS Philippine armed forces, made an alarming thy of American assistance. ALAIMO statement about the condition of his military: ‘‘I admit there is graft and corruption f HON. JIM SAXTON at all levels.’’ A significant share of the mili- IN HONOR OF THE SILICON VAL- tary budget is lost to graft. Selling military OF NEW JERSEY hardware on the black market is another LEY MANUFACTURING GROUP’S IN THE HOUSE OF REPRESENTATIVES common practice. Recent raids of bases of 25TH ANNIVERSARY Wednesday, October 29, 2003 the separatist Moro Islamic Liberation Front have turned up caches of arms with HON. ZOE LOFGREN Mr. SAXTON. Mr. Speaker, I rise today to Philippine military markings. OF CALIFORNIA pay tribute to Dick and Doris Alaimo, who Even American assistance is siphoned IN THE HOUSE OF REPRESENTATIVES have been chosen as this year’s recipients of away. Testimony before the Philippine Con- the Lloyd Ritter Community Service Award gress in the past several months revealed Wednesday, October 29, 2003 given by the Volunteer Center of Burlington that American M–16’s provided to the Phil- Ms. LOFGREN. Mr. Speaker, my col- ippine armed forces have been recovered in County, NJ. leagues, Representative ESHOO and Rep- camps belonging to Abu Sayyaf, a band of Dick and Doris are well-known throughout guerrillas and kidnappers. Assault rifles, gre- resentative HONDA and I rise to honor the Sil- southern New Jersey for their outstanding his- nade launchers and other American arms icon Valley Manufacturing Group on its 25th tory of community service and involvement in have been used by Muslim radicals against anniversary, an organization that has effec- local organizations, and have been personal Philippine troops—the very troops United tively advocated on behalf of the residents and friends for many, many years, during which States funds are supposed to assist. businesses of California’s Silicon Valley.

VerDate jul 14 2003 04:12 Oct 31, 2003 Jkt 029060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A29OC8.045 E30PT1 E2168 CONGRESSIONAL RECORD — Extensions of Remarks October 30, 2003 The Silicon Valley Manufacturing Group was 25th anniversary and the great achievements since leaving my office he has been a Senior founded by David Packard, who during the they have brought about, making Silicon Val- Vice President at the Wildlife Conservation summer of 1977, asked a number of his fellow ley known and admired around the world and Society also known as the Bronx Zoo. To this Silicon Valley CEOs to join him in building an a source of pride to our entire nation. day in Washington I get many people asking organization that would create a proactive f me, how is John doing? voice for Silicon Valley businesses. The for- It is a pleasure to honor John as he turns mation in 1978 of the Manufacturing Group HONORING JOHN CALVELLI 40, and whether his future lies in politics or was the result of those discussions. The 33 elsewhere I am sure that the phrase ‘‘you ain’t charter members believed that business HON. ELIOT L. ENGEL seen nothing yet’’ applies to my ‘‘kid brother’’ should work with the community and govern- OF NEW YORK John Calvelli. ment to find innovative solutions to the chal- IN THE HOUSE OF REPRESENTATIVES f lenges that faced their employees, including Wednesday, October 29, 2003 energy, transportation, education, and hous- FULL FUNDING URGED FOR HELP ing. Mr. ENGEL. Mr. Speaker, it is a pleasure for AMERICA VOTE ACT Today, the Manufacturing Group represents me to announce that my former Administrative a variety of Silicon Valley businesses from Assistant, John Calvelli, is turning 40. It is HON. JOHN B. LARSON software and manufacturing companies, to hard to believe that the lanky kid I met when OF CONNECTICUT health care and education organizations. The 19 is now older than Jack Benny always IN THE HOUSE OF REPRESENTATIVES 190 member-companies of the Manufacturing claimed to be. I guess it makes me realize Group represent over 200,000 employees in that I am that much older too, although I con- Wednesday, October 29, 2003 the Silicon Valley. stantly remind John that he has more grey Mr. LARSON of Connecticut. Mr. Speaker, During the quarter century since it was first hair than me. today I rise to recognize a tremendous turning founded, the Manufacturing Group has had a I won my first primary election for Congress point in our country’s voting rights history. One tremendous impact on the quality of life in Sil- on September 15, 1988, the day John turned year ago today, the Help America Vote Act icon Valley. They’ve brought leaders together 25. I told him that evening ‘‘John, we’re going (HAVA), which was overwhelmingly passed to discuss the critical issues of our time and to Washington together’’ and indeed we did. with bi-partisan support, became a federal law. create solutions to these challenges. They’ve During those first months in Washington, we The 2000 elections proved to be frustrating been at the forefront of the creation of afford- would sometimes walk outside, gaze at the for both candidates and voters alike. Sadly, it able housing, improving and increasing trans- Capitol dome and say to each other, ‘‘Do you highlighted issues in our voting system that portation options, and being key players in ad- believe we’re really here?’’ I think that at 25, needed improvement. Thanks to the leader- dressing California’s energy concerns. Today, John was the youngest AA on the hill, but he ship of the bill’s sponsor, my House Adminis- member-companies do their part by con- rapidly turned into one of the most effective tration colleague, Chairman BOB NEY, and the serving through increased efficiency, and and well-liked staffers in Washington. Every- support of former Ranking Member STENY working with regulators and energy companies body got to know John. Even as a young per- HOYER, we now have the foundation for a to find solutions to the State’s energy prob- son, he had what we in New York call the best much more efficient voting system. lems. ‘‘gift of gab’’ I ever heard. He always had that During the past year, this foundation has in- The Manufacturing Group was a key force little extra something. He served as my AA for deed started to take shape. As a result of in the creation of the Housing Trust of Santa more than 11 years, and our working relation- HAVA, a program has been established to pay Clara County and played a major role in the ship and friendship during that time could not states to replace their punch card and lever Trust being able to raise over $20 million in its have been better. In fact, I often refer to John voting machines. Last month, my home state first 2 years. This funding, raised during a time as the kid brother I never had. of Connecticut unveiled a pilot project with when corporate donations began to wane, is During the course of my Congressional four different types of electronic voting ma- an extraordinary achievement, producing terms, John and I would often develop strat- chines that will be used in eight towns next housing for first-time home buyers and stands egy for legislation, committee assignments, week on Election Day. This is a remarkable as a model in our country. With the Manufac- and many other things essential to a success- advancement for Connecticut voters, who turing Group’s leadership, the Housing Trust ful congressional career. We traveled cross have been using lever voting machines almost will return the investment ten-fold and assist country and overseas many times. Our first exclusively for over 50 years. families to realize their dream of homeowner- trip was probably one of the most memorable. What makes HAVA so notable is that it is ship. It came that first summer in 1989, when I vis- not solely about financial support. It takes into The Manufacturing Group’s track record on ited the three ‘‘I’s’’ of New York City politics, account the entire voting experience before, public transportation projects in the Valley has Israel, Italy and Ireland, as well as Egypt. We during, and after citizens enter polling places. been extraordinary. Their first major initiative came back from that trip with a picture of the HAVA educates voters on voting procedures was in 1984 when they launched the effort to Pope, stories about Egyptian fruit, grape as well as on their rights; makes polling places win the approval of improvements of Highways leaves and the ‘‘Kinjedom’’ down in Luxor. more accessible to people with disabilities; 85, 237 and 101. The project funded by the John’s complete fluency in Italian made him a creates statewide voter registration databases Measure A half-cent sales tax proposal was that can be more effectively managed and up- completed ahead of schedule and under budg- great person to travel with. In fact, whenever dated; improves ballot review procedures, al- et, and most importantly it was accountable to we met Italian-speaking tour groups, in the the people who passed it. The Manufacturing many different countries we visited, nobody lowing voters to ensure that the ballots they Group went on to spearhead other critical would believe that John was from New York cast are accurate; and creates provisional bal- transportation measures in 1992, 1996, 2000 and not from Italy. loting systems to guarantee that no eligible and 2002, all of which were successful, even I want to tell John that now that he is 40, voter is ever turned away at the polls. after the law required a two-thirds voter ap- one of the age categories in my newsletter On Monday, the Senate Rules Committee proval. this year will read, age 40 to 56, and in honor held a hearing to confirm the four Election As- With the outstanding leadership of Carl of his birthday we will talk about ‘‘Quattro sistance Commissioners nominated by Presi- Guardino, the Manufacturing Group’s Presi- formaggi’’ in Italian, ‘‘Political Party’’ in dent Bush, who are responsible for imple- dent and CEO, annual forums are held to pre- English, and the 40-hour work week being menting HAVA. One of the four nominees, dict economic and infrastructure trends and sacrosanct. I know that John’s family is as Garcia Hillman was recommended by Demo- the examination of what inhibits producing and proud of him as I am. His wife Maria and son cratic Leader NANCY PELOSI, and I whole- keeping jobs in Silicon Valley. John Domenico, as well as his parents Rose heartedly support the Leader’s selection. Gar- Mr. Speaker, we are exceedingly proud of and John, and brother and sister-in-law Louis cia Hillman, has effectively handled both do- the work and the achievements of the Silicon and Angela all share in his happiness on this mestic and international issues. Her areas of Valley Manufacturing Group. The organization special day. expertise include nonprofit management, pub- has been a catalyst for important change and John continues to remain active with many lic policy and program development, political because of its leadership, the quality of life Italian American organizations, including NIAF services, the interests and rights of women and the vitality of businesses have been en- and FIERI, a group in which he was one of and minorities; citizen participation in the de- hanced. the founders. John and Maria were married velopment of public policy and community af- We ask our colleagues to join us in saluting ten years ago at Fordham University, John’s fairs; and elections related issues, including the Silicon Valley Manufacturing Group on its alma mater. John is an attorney by trade but voting rights.

VerDate jul 14 2003 04:12 Oct 31, 2003 Jkt 029060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A29OC8.049 E30PT1 October 30, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2169 I believe we would be hard-pressed to find On rollcall vote 573, the Brown motion to in- immigration law services, and recreational ac- someone more dedicated than Ms. Hillman to struct conferees on H.R. 1, the Medicare Pre- tivities for disadvantaged youth and many strengthening the voices of all citizens, includ- scription Drug bill, I would have voted ‘‘yes.’’ more services too numerous to name. ing those who are disabled. I hope that Ms. On rollcall vote 570, H.R. 2359—the Basic The Nations Association has touched the Hillman and the rest of the nominees are con- Pilot Extension Act of 2003, I would have lives of over 11 thousand individuals with only firmed by the full Senate before they adjourn voted ‘‘no.’’ a small paid staff and 144 volunteers who pro- for the year. The Basic Pilot Program currently enables vide over 7000 hours of service annually to I urge full funding of the Help American participating employers in various industries to the community. In 1990 the Association was Vote Act to ensure that the 2004 elections do verify if employees are legally authorized to deservedly named the 276th Point of Light by not repeat the trouble-plagued elections of work in the United States. H.R. 2359 goes President George H. W. Bush. 2000. The act of voting for our government much further than a simple extension of the After 25 years, the Nations Association is representatives is a sacred right of all Ameri- program. going strong—its energies dedicated to mak- cans. It is our duty, through HAVA, to inspire In fact, this bill would enable states and ing a real difference in the lives of hundreds them to use that right. President Lyndon John- local governments to use the databases to ob- of families and individuals everyday. I pay trib- son most succinctly stated this duty as he tain citizenship and immigration status infor- ute today to the tremendous work of Israel spoke to Congress on March 15, 1965, to im- mation on anyone—citizen or immigrant—for and Ruth Suarez and the staff and volunteers plore them to pass the Voting Rights Act of any purpose within their purview. This would of the Nations Association. Theirs is a shining 1965: ‘‘There is no duty which weighs more expand the pilot program far beyond the con- example of the true American spirit of helping heavily on us than the duty we have to ensure text of employment and close to a national ID others. that right (to vote).’’ program with no privacy protections or safe- f f guards against abuse by individuals within state and local governments. TRIBUTE TO THE LATE CAPTAIN PERSONAL EXPLANATION This bill would also expand the availability of RICHARD C. YEEND, JR. the program from just 6 states to all 50, with- HON. MARK GREEN out first addressing the many privacy and in- HON. JO BONNER OF WISCONSIN accuracy concerns in the current program. For OF ALABAMA IN THE HOUSE OF REPRESENTATIVES example, the immigration databases used to IN THE HOUSE OF REPRESENTATIVES Wednesday, October 29, 2003 verify work authorization are inaccurate and Wednesday, October 29, 2003 outdated. In some cases, workers with author- Mr. GREEN of Wisconsin. Mr. Speaker, I ization have been fired because of incorrect Mr. BONNER. Mr. Speaker, I rise today to was absent from Washington on Tuesday, Oc- data in the system. Moreover, some employ- pay tribute to the service and sacrifice of Cap- tober 28, 2003, for official business. As a re- ers have inappropriately used the database to tain Richard C. Yeend, Jr. Capt. Yeend was sult, I was not recorded for rollcall votes No. pre-screen employees, without providing an serving as the co-pilot of an HHÐ3E, ‘‘Jolly 569, No. 570, No. 571, No. 572 and No. 573. opportunity for the prospective employee to Green Giant’’ helicopter sent to rescue a Ma- Had I been present, I would have voted ‘‘aye’’ challenge the accuracy of the data. rine pilot when the helicopter was shot down on rollcall No. 569, ‘‘aye’’ on No. 570 and no Additionally, the House Judiciary Committee over Laos on June 9, 1968. Captain Yeend on rollcalls No. 571, No. 572 and No. 573. did not hold any hearings or mark-ups on the was listed as killed in action/body not recov- f changes contained in H.R. 2359 despite the ered until his remains, along with the rest of the crew, were identified and returned home in PERSONAL EXPLANATION fact that this bill makes significant changes to existing law. For these reasons, I would have September. He was buried September 28, voted ‘‘no’’ on H.R. 2359, the Basic Pilot Ex- 2003, thirty-five years after his helicopter was HON. JOHNNY ISAKSON tension Act of 2003. shot down. OF GEORGIA I ask for unanimous consent that this be in- Captain Yeend was raised in Mobile, Ala- IN THE HOUSE OF REPRESENTATIVES serted into the RECORD. bama, as the second of five children. He was a member of the Air Force ROTC at Auburn Wednesday, October 29, 2003 f University and went on to flight school. After Mr. ISAKSON. Mr. Speaker, due to an ill- 25TH ANNIVERSARY OF NATIONS flying BÐ52s for several years, he volunteered ness yesterday I was unable to vote for the ASSOCIATION CHARITIES OF for helicopter flight school as the Vietnam con- following rollcall votes and I have listed how I FORT MEYERS, FLORIDA flict escalated. Captain Yeend was deployed would have voted on them if I had been to Vietnam in February of 1968. His service to present. Rollcall 569: ‘‘Yes;’’ rollcall 570: ‘‘yes;’’ roll- HON. PORTER J. GOSS our country is evidenced by the awards he call 571: ‘‘no;’’ rollcall 572: ‘‘no;’’ and rollcall OF FLORIDA was awarded posthumously, including the Sil- 573: ‘‘no.’’ IN THE HOUSE OF REPRESENTATIVES ver Star, the Distinguished Flying Cross with two oak leaf clusters, the Air Medal with four f Wednesday, October 29, 2003 oak leaf clusters, and the Purple Heart. PERSONAL EXPLANATION Mr. GOSS. Mr. Speaker, I rise today to rec- On October 11, 2003, on what would have ognize the 25th Anniversary of the Nations As- been his 65th birthday, hundreds gathered at HON. BETTY McCOLLUM sociation Charities of Fort Myers, Florida. This the Lower Alabama Vietnam Veterans Memo- grass roots organization has been successfully rial at Battleship Memorial Park in Mobile to OF MINNESOTA meeting the needs of the poor and destitute in pay tribute to Captain Yeend, a man whose IN THE HOUSE OF REPRESENTATIVES Southwest Florida, and for that we are grate- heroic efforts have not been forgotten. Retired Wednesday, October 29, 2003 ful. Navy Rear Admiral Jeremiah Denton, who Ms. MCCOLLUM. Mr. Speaker, due to my I have personally supported and followed was a prisoner of war for over seven years participation in an International Relations the development of the Nations Association during Vietnam, was the featured speaker. Ad- Committee delegation to Iraq, I was unable to since its founding in 1978 by the Reverend miral Denton praised Captain Yeend for his vote on rollcall 569 to 573. Had I been Doctor Israel Suarez, his wife Ruth, and a service and the Yeend family for its continued present, I would have voted the following: small group of dedicated citizens. Israel and devotion to their country throughout their years On rollcall vote 569, the rule to recommit Ruth have unselfishly committed their lives to of hardship, waiting while their loved one’s re- the Conference Report on H.R. 2115—the this labor of love, reaching out to the less for- mains were unaccounted for. He praised Cap- FAA Reauthorization Act, I would have voted tunate in our area. They have touched hun- tain Yeend along with all the Vietnam veterans ‘‘yes.’’ dreds of people with their kindness and caring, in the audience for their service and assured On rollcall vote 571, the Marked motion to and they have inspired countless others to be- everyone that their efforts were appreciated by instruct conferees on H.R. 6—the Energy con- come involved in ministering to the poor. all. ference report, I would have voted ‘‘yes.’’ The Nations Association provides emer- Captain Richard Yeend was a man whose On rollcall vote 572, the Woolsey motion to gency food, hundreds of hot holiday meals at honor and devotion to his family and his coun- instruct conferees on H.R. 1308—the Tax Re- Thanksgiving and Christmas for the homeless, try were seen in his daily acts of courage and lief, Simplification and Equity Act, I would have free furniture for families in crisis, job place- his willingness to take on heroic acts. A man voted ‘‘yes.’’ ment services, Survival English classes, free of great character and respect, Captain Yeend

VerDate jul 14 2003 04:12 Oct 31, 2003 Jkt 029060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A29OC8.052 E30PT1 E2170 CONGRESSIONAL RECORD — Extensions of Remarks October 30, 2003 was a leader in all aspects of his life. His sib- tion, and a Development Council Member for resents the abundance of natural resources lings looked to him for guidance and support. Tyler Junior College Foundation. that our state encompasses. Elements of the With his remains now returned home and at Additionally, Mr. Hartley gives his time as Quarter, including a mallard duck soaring rest, may they have some peace and closure Director of the East Texas Medical Center Re- above the water with trees in the background, and know that he will be honored for his he- gional Health Facilities and the East Texas symbolizes Arkansas’s reputation as one of roic actions. His sacrifice is a tribute to every- Medical Center Regional Healthcare System, the most popular states in the country for one that fought and those who continue to Director and Past President of the Texas Rose hunting and fishing, and as a state with a fight for the betterment of others and for the Festival in Tyler, Texas, an Advisory Council high-abundance of forest land. The rice on the spirit of freedom which so many people Member for the Patent Service Center, Inc., left side of the Quarter signifies the important throughout the world still yearn for. Director of the Smith County Industrial Devel- role rice and other agricultural crops play in I urge my colleagues to join me in paying opment Corporation, and as Director for the Arkansas’s economy, as agriculture has his- tribute to Captain Yeend and in offering our Tyler-Smith County Library Foundation, Inc. torically been a way of life for so many work- condolences to his family for their loss and Mr. Hartley is involved with numerous phil- ing families. Arkansas leads the country in rice their struggle through the years as they await- anthropic deeds, but among these, his exem- production. ed his final trip home. plary service as a trustee and member of the The centerpiece of the Quarter is a dia- f executive committee of the Texas College mond, representing the Crater of Diamonds Board of Trustees is being recognized today. State Park near Murfreesboro. The Crater of RECOGNIZING MR. BILL G. He has been instrumental in bringing major Diamonds State Park is not only home to the HARTLEY gifts to the College during a very critical fund- largest diamond ever to be unearthed in the raising period, and in 1996 alone, Mr. Hartley United States, but is also the eighth largest di- HON. RALPH M. HALL secured more than $600,000 for Texas Col- amond deposit in the world, and the only dia- OF TEXAS lege’s retirement debt. It is generous efforts mond mine in the world where the public can IN THE HOUSE OF REPRESENTATIVES like these that warranted his receipt of the search for diamonds. The Crater of Diamonds State Park is a leading source for Arkansas Wednesday, October 29, 2003 T.B. Butler Award—Tyler’s Most Outstanding Citizen award in 1992. pride and tourism. Mr. HALL. Mr. Speaker, I rise to recognize Sometimes when an individual is so noted, I am honored that the Arkansas Quarter is a truly great American, influential leader and has such a high community, state, and na- one that truly showcases the state and all it dear friend—Mr. Bill Hartley, Chairman of the tional profile, is sought out for support from has to offer. I hope that everyone will take Board and President and CEO of Southside everyone who makes a precinct race—on up time to reflect upon Arkansas’s treasures and Bank. On October 23, 2003, Texas College, in to our own fine President George W. Bush— history, and join us in celebrating our new Tyler, Texas, honored Mr. Hartley for his dedi- their human traits are lost in the hustle and state coin. I am so pleased to have the oppor- cated service as a member of their Board of bustle of guiding a huge and successful finan- tunity to properly recognize Ms. Dortha Scott Trustees, and as his friend and fellow member cial empire, serving on Boards and Commit- before the United States Congress for her of the Board, I honor him with this tribute tees, traversing our nation for speeches, meet- beautiful artwork that truly depicts our great today. ings, and organizations—sometimes we miss state, which will be viewed by millions of Americans as they earn and spend the Arkan- Bill G. Hartley was born in Mount Pleasant, out on the human aspect of a great one sas Quarter. Texas and attended Mount Pleasant High among us. Bill Hartley has always taken the School. He entered the Texas National Guard time, and still takes the time, to put family first. f in 1948 and concluded his service in 1956 He is a kind and loving Father to Jane, her HONORING ELECTRIC BOAT’S with the rank of Master Sergeant. husband Michael, and his grandson Hartley. DISTINGUISHED SHIPBUILDERS Mr. Hartley has enjoyed a long and distin- He spent unending days and hours with Pat- guished career in the banking industry, work- rick during his lifetime—giving of himself, with HON. ROB SIMMONS ing first at the Guaranty Bond State Bank in Billie—and remembers Patrick’s lifetime by or- Mount Pleasant, then at the Texas Banking OF CONNECTICUT ganizing and supporting a trust fund in Pat- IN THE HOUSE OF REPRESENTATIVES Department in Austin, Texas. He presently rick’s memory. You will never say ‘‘Bill Hartley Wednesday, October 29, 2003 serves as Chairman of the Board and CEO of did so and so’’—you always say ‘‘Bill and Billie the company he founded in 1960—Southside did so and so.’’ Mr. SIMMONS. Mr. Speaker, I rise today to Bancshares, Inc., Southside Bank in Tyler, As we near the end of this Congressional recognize 67 men and women who work at Texas. As Southside’s, CEO—Bill expressed year—let us adjourn in honor of and in appre- Electric Boat, in Groton, Connecticut. These his support of education—and those who ciation of one who fits the overused term— individuals have worked at Electric Boat for 40 sought knowledge—by approving and making he’s a ‘‘giver’’ and not a ‘‘taker.’’ God Bless or more years and due to their length of serv- student loans in huge numbers—while other Bill Hartley and those he holds dear. ice have earned the title: Distinguished Ship- institutions were reluctant to do so. f builder. Mr. Hartley is married to Billie Boyd, for- Kenneth Guarneri, William Ferguson, Rich- merly of Chandler, Texas, and they were HONORING DORTA SCOTT FOR HER ard Morgan, Thomas Nunes, John Prokop, Al- blessed with two children, Jane Hartley Coker CONTRIBUTION TO THE ARKAN- exander Fraser, Reed Davignon, Robert and Patrick Hartley. Their hearts were broken SAS STATE COIN Rosso, Mary Sousa, Pauline Passarello, Patri- when Patrick died. He will always be loved cia Rossi, Walter Greenhalgh, Ernest Currier, and remembered. Bill is affiliated with Marvin HON. MIKE ROSS Paul Losacano, Fred Vocatura, Richard United Methodist Church and is an active par- OF ARKANSAS Sobanski, Robert Ness, Ernest Messier, Jef- ticipant on the Church’s Administrative Com- IN THE HOUSE OF REPRESENTATIVES frey Pritchard, Jackson Morgan, John Burbine, mittee. Denzel Andrews, Stanley Menitz, Robert Col- Among his many professional and civic re- Wednesday, October 29, 2003 lins, Carl Kvist, Ronald Drounin, William sponsibilities and memberships are his posi- Mr. ROSS. Mr. Speaker, I rise today to con- Vaiciulis, Vincent Nadolny, Paul Terry, Larry tions as State Membership Chairman for the gratulate an exceptional artist from Arkansas’s Yering, Stephen Wells, Keith Bradshaw, John American Bankers Association, Chairman of Fourth Congressional District, Ms. Dortha Haberek, Ralph Lodyko, Ronald Leuchner, the Texas Bankers Insurance Services Com- Scott of Mount Ida. Out of more than 9,300 Gerald Gent, Brent Weimer, Ronald pany in Austin, Texas, and Claims and Under- entries, Ms. Scott’s outstanding sketch has DeCarolis, Arnold Kortick, James Welch, Rich- writing Committee Member for Banclnsure in been selected to be used by the U.S. Mint for ard Sears, Anthony Falcone, Norman Laroche, Oklahoma City. At the local level, he serves the Arkansas Quarter. The U.S. Mint will Robert Boyle, Donald Noel, Edward Goode, as Director and Past President of the Tyler, produce the Quarter for 10 weeks, and be- William Bak, Joseph Woycik, Richard Texas Chamber of Commerce, a Trustee for tween 650Ð750 million quarters will be put into Supernant, Janis Pike, Brian Lumnah, Alfred the R.W Fair Foundation, Director and Execu- circulation across the United States. Malchiodi, Ronald Meadows, Edward Haik, tive Committee Member for the University of Our Quarter incorporates several elements Manuel Arruda, Donald Bartlett, John Bashaw, Texas at Tyler, Development and Council that truly reflect Arkansas. This is a coin that James Brown Jr., Everett Church, Dominic Member at the University of Texas Health helps everyone in our nation understand why Cirioni Jr., James Cunningham, Hedrick Center at Tyler, Trustee and Executive Com- Arkansas is so proudly called ‘‘The Natural Facas, Richard- Lambert, Robert Mayor, David mittee Member for the Texas Chest Founda- State.’’ The background of the Quarter rep- Matthews, Robert Panciera, and Roy Rock.

VerDate jul 14 2003 04:12 Oct 31, 2003 Jkt 029060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A29OC8.057 E30PT1 October 30, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2171 When we think in terms of national defense General Monroe has also helped the Guard This story was told so well last year in an these are not names that spring immediately reconnect with the communities in California. article in the Honolulu Weekly by Honolulu to mind. But the work they have done and the During his tenure, the Guard has partnered journalist Bev Keever entitled ‘‘Fallout: things they have accomplished over the past with numerous agencies and organizations to Enewetak Atoll, 50 Years Ago This Week.’’ four decades were essential to the United provide successful anti-drug programs and Subsequently recognized by the Society of States winning the Cold War. youth education initiatives. The General truly Professional Journalists (Hawaii Chapter) for These are the men and women who helped understands the need to give back to the com- this work, Ms. Keever reminds us about the design and construct the submarines that kept munity, and he, along with the extraordinary human impact of ‘‘Mike,’’ as the device was our Nation safe and free. Today they are de- men and women who serve under him, have known, and counsels us to remember this leg- signing and constructing a new generation of made invaluable contributions to cities and acy as we address crucial foreign policy chal- submarines that will help America win the war towns throughout California. lenges today and the future. on terrorism. Recognizing the hard work and dedication The text of Ms. Keever’s article follows: These individuals have truly earned the title of his soldiers and airmen, General Monroe FALLOUT: ENEWETAK ATOLL, 50 YEARS AGO Distinguished Shipbuilder. Over the decades, had made ‘‘member care’’ a top priority, work- THIS WEEK Electric Boat has rightly won a reputation for ing tirelessly to provide high quality services (By Bev Keever) constructing the best submarines in the world. for his troops. He has also established the [From the Honolulu Weekly, Oct. 30, 2002] For the men and women who design and build California National Guard as an exemplary National and media anniversaries of signal these incredibly complex ships, unsolvable model for diversity and equal opportunity for events like Sept. 11 help to form the collec- problems have proven to be nothing more guard members. tive memory that, over time and across gen- than tremendous opportunities to use their General Monroe began his military career erations, shapes what a society remembers— knowledge and skill. as an enlisted soldier in the U.S. Army in 1957 or what it forgets. Today Electric Boat continues to provide the and joined the California Army National Guard An anniversary that serves as a news peg United States Navy with the best ships ever to for journalists re-ignites powerful emotional in 1961. He has served in Infantry, Signal, and connections for those who lived through the go to sea. They are an integral part of Amer- Military Police Commands, and every level of event, communication scholar Jill Edy ica’s national security strategy. As the crews command from platoon through brigade. He writes, and may be even more influential for of our submarines protect America’s freedom has been honored with over one dozen those who did not live through the event be- and security around the globe the men and awards for his service with our Armed Forces. cause it ‘‘creates a world they never experi- women of Electric Boat can take great satis- Mr. Speaker, I ask my colleagues to join me enced.’’ Even more important, Edy notes, an- faction in knowing that they are essential in honoring a true American hero, Major Gen- niversary journalism ‘‘impacts whether we members of our national security team. eral Paul D. Monroe, Jr. I extend my best remember our past at all.’’ Those who expect to enjoy the blessings of An un-remembered part of the U.S. past wishes to the General, his wife Laura, their occurred 50 years ago on Enewetak atoll in freedom must engage in the hard work of de- two children and their three grandchildren. the Marshall Islands, some 3,000 miles west fending it. In synchronization with the men and f of Honolulu. On Nov. 1, 1952, at 7:15 a.m., the women in the Navy, the men and women at U.S. government detonated the world’s first Electric Boat engage in that demanding PERSONAL EXPLANATION thermonuclear device, code-named ‘‘Mike,’’ work—and we in this chamber and everyone the most powerful man-made explosion in all across America benefit from their labor. HON. HAROLD E. FORD, JR. history up to that time. In layperson’s terms, it was the prototype for the ‘‘hydro- When it comes to Electric Boat and the busi- OF TENNESSEE ness of designing and constructing sub- gen bomb.’’ IN THE HOUSE OF REPRESENTATIVES Mike unleashed a yield of 10.4 megatons, marines, price is what you pay; value is what Wednesday, October 29, 2003 an explosive force 693 times more powerful you get. than the atomic bomb that had annihilated I am proud that Electric Boat is in my dis- Mr. FORD. Mr. Speaker, regrettably, I was Hiroshima in 1945 and the fourth most pow- trict—the Second District of Connecticut—and not present for rollcall vote Nos. 569Ð573 be- erful ‘‘shot’’ of the 1,054 acknowledged nu- I am proud to share the names of these tire- cause of a previously scheduled commitment clear tests in U.S. history. Ushering in the less and dedicated workers with you. They to serve as co-chair and co-host of the Na- thermonuclear era, the Mike shot raised to a have provided the United States Navy with the tional Civil Rights Museum’s annual Freedom new level the capacity for mass destruction most advanced, the most stealthy, the safest Awards Banquet in my district in Memphis. that had been inaugurated by humans with The Freedom Awards Banquet was specifi- atomic weapons only seven years earlier. Be- and the most lethal vessels ever to go to sea. cause of this new dimension in the power of I ask you to join me in recognizing their con- cally scheduled to occur weeks after the target nuclear weapons, President Eisenhower ob- tributions to America. adjournment date. served in 1956, ‘‘Humanity has now achieved, f Had I been present, I would have voted for the first time in its history, the power to ‘‘yea’’ on rollcall vote Nos. 569, 571, 572, 573 end its history.’’ HONORING MAJOR GENERAL PAUL and ‘‘nay’’ on rollcall vote 570. The Mike shot was controversial. Debate D. MONROE, JR. f raged within the scientific community over detonating the so-called super bomb. One HON. GRACE F. NAPOLITANO FIFTY-FIRST ANNIVERSARY OF camp warned that the atmospheric chain-re- DETONATION OF THE WORLD’S action from the thermonuclear explosion OF CALIFORNIA FIRST THERMONUCLEAR DEVICE would immolate the entire planet, Univer- IN THE HOUSE OF REPRESENTATIVES AT ENEWETAK ATOLL IN THE sity of Hawai‘i’s environmental coordinator Wednesday, October 29, 2003 John Harrison reports. Calling such fears MARSHALL ISLANDS farfetched, those in the second camp, led by Mrs. NAPOLITANO. Mr. Speaker, it is with influential physicist Edward Teller, pre- tremendous pride that I rise today to honor HON. ED CASE vailed. The public was not told in advance Major General Paul D. Monroe, Jr., the Adju- OF HAWAII about the shot for fear that it would influence the presidential election held just three tant General of the California National Guard IN THE HOUSE OF REPRESENTATIVES for his 46 years of military service. He is a days before. Sixteen days after the Mike Wednesday, October 29, 2003 shot, U.S. officials announced a thermo- credit to his country and the National Guard. nuclear experiment, but provided no details. General Monroe’s leadership and vision have Mr. CASE. Mr. Speaker, this week we rec- Mike was a proto-bomb; in fact, it was brought the Guard into the 21st century and ognize the 51st anniversary of the detonation more like a building, Harrison explains as he made the 22,000 soldiers and airmen under by our country of the world’s first thermo- studies a sepia-toned photograph of the cy- his command better prepared than ever be- nuclear device at Enewetak Atoll in today’s lindrical Mike device, about 20 feet in height fore. Republic of the Marshall Islands. And as we and 8 to 10 feet in diameter. Weighing 82 tons Since September 11, General Monroe has pause to remember that event, it is also an and standing vertically like the shiny in- mobilized nearly 10,000 soldiers and airmen to opportune time for us to recall both the con- nards of a giant thermos bottle, the cylinder dwarfs a scrawny, shirtless man sitting in a fight in the war on terrorism, both at home and tributions of the people of Enewetak and other chair, elbows cocked on his knees and star- abroad. He has deployed soldiers and airmen atolls of the Marshalls to the security of our ing at the ground on Elugelab island, to serve in Operation Enduring Freedom as country and world, and the difficult legacy Enewetak atoll. The cylinder is attached to well as in missions to secure our borders, which that and subsequent tests have left to large tubes to keep its contents of hydrogen bridges and airports. their residents and so many others. fuel, liquid deuteride, refrigerated below its

VerDate jul 14 2003 04:12 Oct 31, 2003 Jkt 029060 PO 00000 Frm 00015 Fmt 0626 Sfmt 0634 E:\CR\FM\A29OC8.061 E30PT1 E2172 CONGRESSIONAL RECORD — Extensions of Remarks October 30, 2003 boiling point of minus 417.37 degrees Fahr- the ridge of the roof of the mouth. The sci- the atomic bomb as the atomic bomb had enheit. entists described these ridges as exem- over the conventional weapons of World War More than 11,000 civilians and servicemen plifying ‘‘expressions of genes affecting de- II.’’ worked on or near Enewetak to prepare for velopment.’’ Since 1978, Jackson told Hono- NUCLEAR VICTIMIZATION OF ‘‘OUR OWN PEOPLE’’ the blast. They left Enewetak by ship before lulu Weekly, follow-up studies have sup- Bravo also introduced the word fallout to the Mike device was remotely detonated ported the notion of possible radiation-in- everyday language worldwide when snow- from 30 miles away. The energy from the duced genetic effects. like radioactive particles dusted 236 resi- splitting of atoms with heavy nuclei like HIDING 8,580 HIROSHIMA-SIZE BOMBINGS IN 16 dents of nearby Rongelap island, 28 U.S. plutonium produced temperatures on the YEARS servicemen and 23 crewmen on a Japanese order of those at the core of the sun that Most of the atmospheric testing on the fishing trawler. In fact, the thermonuclear were necessary to kick-start the fusion of U.S. side was conducted in the Pacific, but era produced radioactive components and the liquid deuteride with other lightweight the full extent of these tests has become fallout that encircled the globe, settling si- hydrogen nuclei. This fusion produced even clear only in the past decade with the lifting lently from the heavens. Beginning particu- greater energy, so much that, as physicist of official secrecy. Only in December 1993 did larly with the Mike shot, ‘‘the chemical sig- Kosta Tsipis writes, ‘‘An exploding nuclear the U.S. release information about the yield nature of our bones changed,’’ Harrison told weapon is a miniature, instantaneous sun.’’ of 44 of the 66 U.S. nuclear weapons tests in Honolulu Weekly. The atmospheric weapons The Mike test vaporized the island of the Marshall Islands. tests that proliferated in scale with the Mike Elugelab. Researcher Leona Marshall Libby In 1994, the most recent and comprehensive shot dispersed radioactive forms of iodine, wrote at the time that Mike’s detonation list of all 1,054 U.S. nuclear weapons tests cesium, strontium and other elements. As a created a fireball that swooshed outward and worldwide was made public, allowing schol- result, Harrison notes, all organisms, includ- upward for three miles in diameter and ars to calculate for the first time the full ex- ing humans, carry the watermark of the nu- turned millions of gallons of lagoon water to tent of the entire U.S. nuclear testing pro- clear era woven into their tissues. steam. It left behind a 1.2-mile-wide crater gram that ceased in 1992. These documents The Mike shot marked an acceleration of and a deeply fractured reef platform. Har- show that nearly three-quarters of the yield the man-made proliferation and escalation of rison notes that in the aftermath of a subse- of all 1,054 U.S. nuclear tests worldwide oc- weapons of mass destruction. The ensuing quent, adjacent thermonuclear test—the Koa curred during only 82 tests conducted in the nuclear age transformed the planet and its shot in 1958—the weakened seaward wall of U.S.-administered Pacific Islands or over Pa- inhabitants. As award-winning journalist Ei- the reef next to the Mike crater cleaved cific waters during the 16 years of the U.S. leen Welsome writes in her book, The Pluto- away and plummeted into the ocean depths. Pacific nuclear testing between 1946 to 1962. nium Files: America’s Secret Medical Ex- EPIPHANY OF A ‘‘NUCLEAR HOLOCAUST’’ This prolonged secrecy, even beyond the col- periments in the Cold War (Dial Press; 1999): Harrison, who lived at Enewetak for five lapse of the Soviet Union, hid for decades the ‘‘The radioactive debris found its way into years beginning in 1978 while serving as a UH yield of Pacific tests, which amounted to at starfish, shellfish and seaweed. It covered al- administrator and senior research scientist least 128,704 kilotons—a destructive force falfa fields in upstate New York, wheat fields there, says the destructiveness of the Mike equal to detonations of 8,580 Hiroshima-size in North Dakota, corn in Iowa. It seeped into shot defies human comprehension. He recalls bombs. the bodies of honeybees and birds, human the scores of times he guided his outboard The atolls of Bikini, Enewetak and John- fetuses and growing children. The atom had motorboat across segments of the choppy ston, plus Pacific waters, served as sites for split the world into ‘preatomic’ and aquamarine waters of Enewetak’s 388–acre nuclear weapons experiments far too power- ‘postatomic’ species.’’ Moreover, the ‘‘postatomic’’ species must lagoon encircled by the 42 coral islands so ful and unpredictable to be conducted on the live with the effects of the nuclear age for pristine and lovely ‘‘they are God’s gift to U.S. Mainland. The yield of what The New generations and centuries to come. Environ- the entire world.’’ His boat would slice into York Times described as the mightiest nu- mental radioactivity derived from some nuclear explosion within the continental the shallower turquoise waters that overlay clear weapons components like plutonium United States, which was the explosion of the close-in reefs and ‘‘then all of a sudden will persist for up to 500,000 years and may be into the deeper, more cloudy waters that de- the first hydrogen device in Nevada in 1962, hazardous to humans for at least half that lineated or that filled this enormous, enor- was less than 1 percent of the magnitude of time. mous round circle that was the Mike cra- the most powerful Pacific test, later dis- Fallout and other residual radioactivity ter.’’ closed as the 15-megaton Bravo shot of 1954. from atmospheric nuclear testing conducted Each time Harrison made that journey, he In serving as sites for such immense infer- by all nations have caused or will cause says, ‘‘it changed my life.’’ He would strug- nos, these Pacific atolls and their people sac- through infinity an estimated 3 million can- gle to understand the cataclysm of that in- rificed enormously for U.S. superpower sta- cer fatalities, researchers Arjun Makhijani stant that had transformed an island into a tus. And, they contributed to the global re- and Stephen I. Schwartz wrote in the monu- massive hole in the reef. ‘‘Then and now and straint—and the retreat from overt nuclear mental study, Atomic Audit (Brookings In- to the day I die,’’ he says, ‘‘I could not, I can- hostilities during decades of the most dan- stitution; 1998). That number of casualties is not and I will never wrap my mind around gerous political confrontation in history, the nearly five times the 617,389 U.S. servicemen the significance of that. Cold War. Recent revelations regarding the killed in World War I and II, the Korean War, ‘‘There is no way that the mind can grasp Cuban missile crisis are chillingly reflective the Vietnam War and the Gulf War com- that amount of force,’’ he elaborates. ‘‘We of that nuclear brink. bined. have nothing to compare it with.’’ Even so, Ten months after the Mike detonation, in In 1980, a congressional oversight com- once in the middle of the Mike crater, he August 1953, U.S. officials detected the first mittee report titled ‘‘The Forgotten Guinea sensed that he had experienced ‘‘the ulti- Soviet hydrogen explosion and announced Pigs’’ concluded, ‘‘The greatest irony of our mate epiphany of what a nuclear holocaust the event to the world. The Eisenhower ad- atmospheric nuclear testing program is that is all about.’’ ministration then set up a deliberate policy the only victims of U.S. nuclear arms since A rare snapshot of the havoc caused by the to confuse the public about the escalating World War II have been our own people.’’ The Mike shot is provided by a survey made of order of magnitude between atomic and ther- House report included in its conclusion—but Enewetak by a scientific research team from monuclear weapons, Jonathan Weisgall only in an obscure footnote—mention of Pa- the University of Washington and written up writes in his pathbreaking book, Operation cific Islanders, whose ancestral homelands in a report archived by Harrison. The great- Crossroads: The Atomic Tests at Bikini Atoll had sustained the most U.S. nuclear fire- est radioactivity in fish was found to be con- (U.S. Naval Institute; 1994). ‘‘Keep them con- power. centrated in the digestive tract, followed by fused,’’ Eisenhower told the Atomic Energy A33-YEAR EXILE the liver and muscle; in rats and some birds Commission. ‘‘Leave ‘thermonuclear’ out of U.S. Pacific nuclear testing that began in radioactivity was concentrated in bones. press releases and speeches. Also ‘fusion’ and July 1946 required U.S. officials to evacuate Even algae that had been scrubbed with a ‘hydrogen.’’’ The agency complied. Only dec- 170 Bikinians and 142 Enewetakese, thus brush and detergent retained ‘‘specks’’ of ades later, in 1979, did the public learn of this transforming them into so-called ‘‘nuclear fallout, the report says, indicating most of obfuscation. nomads,’’ which the Bikinians remain today. the ‘‘radioactivity is actually present within Six months after the Soviet H-bomb, on The Enewetakese, when evacuated from the alga.’’ Lastly, spotlighting the signifi- March 1, 1954, U.S. bomb-makers caught up their homeland in December 1947, were told cance of color in absorbing the heat of the by unleashing from Bikini atoll the coun- by a senior official, Capt. John P.W. Vest, fireball, the team notes, ‘‘Birds with dark- try’s first deliverable hydrogen weapon, that they would be able to return to their colored feathers were burned more severely code-named Bravo. Its 15 megatonnage made atoll within three to five years. Instead, for than were the white fairy terns.’’ it nearly one-and-a-half times the yield of the next 33 years they were exiled on the A 1978 study of 476 Enewetak rats by envi- the Mike shot. Bravo was the most powerful smaller, desolate Ujelang atoll, 150 miles to ronmental scientists from Bowling Green U.S. bomb ever detonated, equivalent to 1,000 the southwest. State University, M. Temme and W. B. Jack- Hiroshima-sized bombs, according to U.S. Other official U.S. commitments made son, noted possible genetic effects caused by government documents released in 1994. then are contained in documents once classi- radiation. They hypothesized that radiation Weisgall observes, ‘‘Hiroshima paled in com- fied as top secret that Honolulu attorney effects may have caused deformations in an parison to Bravo, which represented as revo- Davor Pevec now uses in representing the is- important inherited marker of some rats— lutionary an advance in explosive power over landers. The Enewetakese ‘‘will be accorded

VerDate jul 14 2003 04:12 Oct 31, 2003 Jkt 029060 PO 00000 Frm 00016 Fmt 0626 Sfmt 0634 E:\CR\FM\A29OC8.066 E30PT1 October 30, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2173 all rights which are the normal constitu- cleanup and resettlement costs continue to INTRODUCTION OF NEW PARTNER- tional rights of the citizens under the Con- mount, and Marshallese want more U.S. SHIP FOR HAITI ACT OF 2003 stitution, but will be dealt with as wards of funding. the United States for whom this country has special responsibilities,’’ according to a The Marshallese prospects for immediate HON. BARBARA LEE memorandum from the Atomic Energy Com- help from U.S. officials in Washington seem OF CALIFORNIA mission attached to President Truman’s Di- dim, congressional sources in Washington, IN THE HOUSE OF REPRESENTATIVES rective of Nov. 25, 1947, to the Secretary of D.C., told the Weekly. Enewetak’s $386 mil- Defense. lion in land claims is not included in the Wednesday, October 29, 2003 The 142 Enewetakese (and their descend- budget Congress is considering for the fiscal Ms. LEE. Mr. Speaker, today I am intro- ants) on Ujelang suffered greatly because of year that began this Oct. 1. Nor are funds for ducing H.R. 3386, The New Partnership for logistical problems, inclement weather, bu- a medical program that in 2001 ceased to ad- Haiti Act of 2003, which will help Haitians reaucratic negligence and the island’s deso- dress Marshallese health needs that have overcome the many social, economic, and lation. Even the Department of Interior, in a been urgent enough to warrant sending a six- letter dated Jan. 13, 1978, acknowledged that physical challenges currently facing the coun- during their 33-year exile on Ujelang the person delegation to Washington last month try. Enewetakese ‘‘have suffered grave depriva- to plead with congressional leaders and staff. Today in Haiti only 45% of Haitians have tions, including periods of near starvation.’’ Provisions of the Compact of Free Associa- access to safe water and 28% have access to An anthropologist who lived among them tion set to expire next year are being nego- sanitation. Seventy-six percent of Haiti’s chil- on Ujelang and spoke Marshallese, Laurence tiated with the Bush administration, but any dren under the age of five are underweight, or M. Carucci, wrote that the stories of this pe- agreement must then be acted on by Con- suffer from stunted growth and 63% of Hai- riod told to him over and over by elders fo- tians are undernourished. Eighty percent of cused on famine and hunger, near starvation gress, which is soon to adjourn. Arguing that and death from illness, poor fishing condi- U.S. assistance provided in past agreements the population lives in abject poverty and the tions, epidemics of polio and measles and rat is ‘‘manifestly inadequate,’’ Marshallese offi- unemployment rate is estimated to be around infestation. cials in September 2000 petitioned Congress 60%. One Enewetak woman in her 40s told for increased U.S. medical and other assist- My longstanding interest in ending the AIDS Carucci in 1978 about these difficult days. ance to meet the mounting costs of damages pandemic has brought focus on Haiti, with She described the stomachs of children as to persons and property presumed to be 90% of all HIV/AIDS cases in the Caribbean. being ‘‘stuck out like they were bloated and caused by U.S. nuclear testing. That petition As we combat global HIV/AIDS, malaria and you would never think they were hungry,’’ is still being studied by the Bush administra- tuberculosis, maternal and child mortality, and but in fact they were. Then, she continued: tion, and no congressional measure on it is ‘‘They would get hot fevers, then cold chills; many other life threatening diseases, we must hot fevers, then cold and sweaty. And then, pending. address the long-term effect of dilapidated physical and health infrastructure and abject in just a moment, they would be gone. Dead, FROM CRATER TO CRYPT they would never move again. Their life was poverty throughout the world, including in gone. And, in those days, the wailing across Much of the plutonium-contaminated soil Haiti. the village was constant.’’ removed in the operation to clean up My bill, the New Partnership for Haiti Act of Their hardship was so severe that in 1969 Enewetak was dumped into one of the atoll’s 2003 offers a comprehensive plan for future they commandeered a supply ship and de- smaller craters on Runit island. This crater engagement between the U.S. and Haitian manded they be returned home. Their ances- was created May 5, 1958, during the 18-kil- tral atoll was too contaminated with radio- Government. This legislation partners Haitians oton test shot code-named Cactus. The cra- activity for their return, but the U.S. gov- and Americans together to execute an envi- ter, 30 feet deep and 350 feet wide, was filled ernment did begin an extensive cleanup and ronmentally sound approach to rebuilding rehabilitation so that on Oct. 1, 1980, some with about 111,000 cubic yards of radioactive Haiti. Its major provisions are aimed at devel- islanders returned home. soil and other materials and then entombed oping basic sanitation, water, and other health Upon their return, they found a far dif- beneath a dome of 358 concrete panels, each infrastructures in Haiti. ferent atoll, a far different Enewetak. The 18 inches thick. Researchers in ‘‘Atomic The New Partnership for Haiti Act would Mike shot and 42 other detonations had dev- Audit’’ report that the unprecedented job, bring the U.S. Army Corp of Engineers to train astated Enewetak so severely that more completed in 1980, took three years and and educate Haitians on how to rebuild, pave, than half of the land and pockets of the la- about $239 million. goon today remain contaminated by radi- and maintain roads to provide access to rural ation. The islanders who do reside there can- Soon afterward, a delegation from the Na- and urban areas and to health clinics. It will not live off of much of their land and must tional Academy of Sciences inspected the commission environmental impact studies for rely on imported food. dome and, John Harrison recalls, issued a re- these projects, focusing on long term, environ- MOONSCAPING ENEWETAK port noting the inadequacies of the dome, mentally sound solutions—not short term rem- The Mike shot was the eighth of 43 nuclear specifically that the predicted longevity of edies. weapons tests at Enewetak that transformed the containment structure was at best 300 Haiti needs assistance in addressing its a placid atoll into a moonscape. The years. Yet, the plutonium-laced debris en- long-term health infrastructure development. Enewetak people, now numbering 1,500, are cased in the dome will remain radioactive The most basic of these needed development still pleading with the U.S. government for for 500,000 years and hazardous to humans for challenges is water. How can Haiti begin to $386 million in land and hardship damages at least half that time. combat its enormous health problems without and other compensation awarded to them by The Runit island entombment is of special basic clean and safe water? an official tribunal established by the U.S. and Marshallese governments. This panel interest because a nuclear-waste crypt is Haiti’s water quality is life-threatening. In a ruled in April 2000 that after serving as now being finished 800 miles from Honolulu study released in May of 2003, Haiti ranked Ground Zero for 43 weapons tests and receiv- to bury plutonium-laced materials under a last in the world for water quality. The New ing fallout from other shots, the Enewetak cap of coral soil at Johnston Island, where Partnership for Haiti Act will provide funds and atoll: Was uninhabitable on 49 percent of its four failed nuclear-tipped missile shots in expertise through USAID to partner with Haiti original land mass, or 949.8 acres of 1,919.49 1962 showered the atoll and waters with ra- on rebuilding of sanitation, water purification acres; was habitable on only 43 percent of its dioactive debris. projects, and education for Haitians on how to land area, or 815.33 acres; was vaporized by 8 From test site to dump site, the Runit is- maintain these systems themselves in the fu- percent, or 154.36 acres. The lingering effects of U.S. Pacific nu- land crypt eerily symbolizes the legacy of ture. This bill will help Haitians build and main- clear tests are visible today in the numerous the thermonuclear age that has caused the tain safer, quality sewage systems and safe kinds of cancers and other diseases and the Marshallese to suffer disproportionately in water delivery for both urban and rural com- degraded homelands that are determined by adverse health, environmental and cultural munities. an official panel established by the U.S. and conditions. The New Partnership for Haiti Act will start Marshallese governments to result from the The 50th anniversary of the Mike shot and a pilot program for American Health Profes- U.S. experiments of decades ago. Compensa- its aftermath begs for reflection from a na- sionals and also Engineers who are interested tion for these damages is paid for from a $150 tion so riveted on a purported nuclear threat in going to Haiti and helping with the develop- million trust fund that is now too depleted to pay fully current personal and property in the Middle East and North Korea that it ment process. claims. Since 1946, researchers write in ignores the era of mass destruction intro- It is my hope that a transfer of knowledge Atomic Audit, the U.S. government has paid duced by the United States on Enewetak from U.S. professionals in the fields of health at least $759 million in nuclear-related com- with the world’s first thermonuclear explo- and engineering to Haitians will ensure long pensation to the Marshallese. But medical, sion. term development and guarantee the success

VerDate jul 14 2003 04:12 Oct 31, 2003 Jkt 029060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A29OC8.069 E30PT1 E2174 CONGRESSIONAL RECORD — Extensions of Remarks October 30, 2003 of the programs similar to the success of the PERSONAL EXPLANATION which the National Park Service could estab- Global Fund and other international initiatives. lish easy access to the Visitor Center and Mu- By widening the knowledge base of non-gov- HON. GEORGE R. NETHERCUTT, JR. seum would be mutually beneficial to both par- ernmental organizations and professionals in OF WASHINGTON ties. This would simultaneously resolve the Haiti, the U.S. will take advantage of a unique IN THE HOUSE OF REPRESENTATIVES National Park Service’s access issue and give the City of Atlanta much needed commercial opportunity and obligation towards Haiti’s fu- Wednesday, October 29, 2003 space. ture. Mr. NETHERCUTT. Mr. Speaker, on Octo- Madam Speaker, once again I am proud to We worked together to get the humanitarian ber 28, 2003, I was unavoidably detained for support both bills the Martin Luther King, Jr., loans, which had been held up by the Inter- rollcall vote nos. 569Ð573. National Historic Site Land Exchange Act and American Development Bank officially re- Had I been present I would have voted as the bill to extend the authority for construction leased on May 9, 2003. It is my hope that we follows: On rollcall 569, ‘‘yea;’’ on rollcall 570,’’ of the MLK Memorial. I would like to give a can continue to push for the full release of yea;’’ on rollcall 571, ‘‘yea;’’ on rollcall 572, special thanks to my colleagues Mr. LEWIS these loans and the potential for future hu- ‘‘nay;’’ and on rollcall 573, ‘‘nay.’’ and Senator SARBANES for their leadership in sponsoring these important pieces of legisla- manitarian grants through the IDB. I also be- f tion and in helping to keep the dream alive. lieve we must move forward on establishing a PERSONAL EXPLANATION f health infrastructure for efficient delivery of these health and social sector funds. HON. LORETTA SANCHEZ HONORING BILL AND SUE GROSS Today I submit this legislation, and thank all OF CALIFORNIA of my original cosponsors: Reps. DONNA IN THE HOUSE OF REPRESENTATIVES HON. CHRISTOPHER COX OF CALIFORNIA CHRISTENSEN, ELIJAH CUMMINGS, BENNIE Wednesday, October 29, 2003 IN THE HOUSE OF REPRESENTATIVES THOMPSON, AL WYNN, DONALD PAYNE, SHEILA Ms. LORETTA SANCHEZ of California. Mr. Thursday, October 30, 2003 JACKSON-LEE, JUANITA MILLENDER-MCDONALD, Speaker, on Tuesday, October 21, 2003, I ROBERT WEXLER, JOHN CONYERS, CORRINE was unavoidably detained due to a prior obli- Mr. COX. Mr. Speaker, I rise today on be- BROWN, and MAJOR OWENS. gation. half of the Orange County Department of Edu- cation to thank two outstanding individuals, Bill I look forward to the support of my col- I request that the CONGRESSIONAL RECORD and Sue Gross, whose unparalleled commit- leagues and the Administration. reflect that had I been present and voting, I would have voted as follows: rollcall no. 566: ment to teachers in California is an inspiration in. the field of education. f ‘‘no’’ (on H. Res. 407); rollcall no. 567: ‘‘yes’’ (on the Obey motion to instruct conferees); Each year more than fifty public, private, and rollcall no. 568: ‘‘yes’’ (on H.J. Res. 73). and community college teachers from Orange PRESCRIPTION DRUGS County, California, are recognized for their f outstanding contributions and dedicated efforts EXTENDING AUTHORITY FOR CON- in the field of education. The Orange County HON. BERNARD SANDERS STRUCTION OF MEMORIAL TO Department of Education, led by Super- OF VERMONT MARTIN LUTHER KING, JR. intendent William M. Habermehl, coordinates the annual selection and recognition of these IN THE HOUSE OF REPRESENTATIVES SPEECH OF teachers. Wednesday, October 29, 2003 During the last dozen years, the Teachers HON. ELIJAH E. CUMMINGS of the Year program has had the additional Mr. SANDERS. Mr. Speaker, I want to take OF MARYLAND support and generosity of two local residents, this opportunity to share with you the attached IN THE HOUSE OF REPRESENTATIVES Bill and Sue Gross. In 1991, the Grosses es- letter, which I recently received from the Tuesday, October 28, 2003 tablished the Dr. James Hines Foundation in Vermont Association of Hospitals and Health Mr. CUMMINGS. Madam Speaker, I rise to memory of a teacher who had positively influ- Systems in support of my and my colleagues’ thank my colleagues for their support of the enced Sue Gross’ life. In the ensuing 12 legislative efforts to enable Americans to ac- ‘‘Martin Luther King, Junior, National Historic years, through the Foundation, the Grosses cess prescription drugs from Canada. I would Site Land Exchange Act,’’ H.R. 1616 and the have given over $1 million in cash awards to these exemplary teachers. This year, as an like this letter included in the CONGRESSIONAL bill to extend the authority for the construction of a memorial to Martin Luther King, Jr., S. added surprise, Bill and Sue Gross invited all RECORD. one hundred 2003 and 2004 Teachers of the VERMONT ASSOCIATION OF 470. These bills extend the authority for and Year nominees to be their guests on a 10-day HOSPITALS AND HEALTH SYSTEMS, make possible the construction of a national Montpelier, VT, September 29, 2003 memorial commemorating the achievements of cruise to Alaska. The Honorable BERNARD SANDERS, the late Dr. Martin Luther King Jr. and his Orange County residents Bill and Sue Gross House of Representatives, commitment to the struggle of civil rights for all are champions of teaching excellence, deserv- Rayburn Building, Washington, DC. Americans. ing of special commendation and recognition DEAR CONGRESSMAN SANDERS: On behalf of Dr. King dedicated his life to the realization by the Congress of the United States of Amer- the hospitals in Vermont, I am writing to ex- of full equal and civil rights for all Americans ica. Today, I ask my colleagues to join me in tend our support for your efforts to allow for irrespective of race, ethnicity, gender, and honoring Bill and Sue Gross for their years of the re-importation of prescription drugs sexual orientation. He stood on the front lines commitment to California’s educators. from Canada. As you well know, access to in the struggle against social injustice, dis- f safe, affordable medication is an issue for crimination, and inequality, often at great risk many Americans. In our rural state, patients 92ND NATIONAL DAY to himself. Despite numerous death threats, CELEBRATION OF TAIWAN of all ages travel to Canada to purchase Dr. King never wavered in that commitment. FDA-approved, less expensive medications. Madam Speaker, the Lewis and Sarbanes That option should be available to all pa- HON. SHELLEY BERKLEY bills are a win-win situation for all parties in- tients seeking more affordable prescription OF NEVADA volved. The National Park Service currently drug coverage. IN THE HOUSE OF REPRESENTATIVES owns a vacant lot that does not have any sig- Our hospitals are committed to ensuring nificant historic value. The City of Atlanta Thursday, October 30, 2003 that our patients have access to affordable, would like to acquire this land for the sole pur- Ms. BERKLEY. Mr. Speaker, I rise today to quality healthcare. We applaud your efforts pose of encouraging commercial development celebrate the 92nd National Day celebration of and the efforts of your colleagues on this within its city limits. In addition, the land on Taiwan. The Republic of China on Taiwan is very important issue. Sincerely, which the National Historic Site Visitor Center a flourishing democracy of 23 million citizens THOMAS HUEBNER, and Museum currently sits is land-locked and who, like us, cherish their constitutional guar- Board Chair. lacks adequate emergency access. Exchang- antees of freedom and human rights. M. BETRICE GRAUSE, ing this land within the Martin Luther King, Over the years, Taiwan has transformed President & CEO. Junior, National Historic Site for property in itself from a one-party dictatorship to a vibrant

VerDate jul 14 2003 04:12 Oct 31, 2003 Jkt 029060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\A29OC8.073 E30PT1 October 30, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2175 multiparty democracy. Free and fair elections Wellstone was not ashamed of voting his con- driving, as well as promoting charitable efforts are held at all levels of government—elections science, even if this meant that he would often such as helping underprivileged children at in which nearly 70 percent of Taiwan’s citizens stand alone. For this, Senator Wellstone won Christmas. Before it had a name, Chief Miali participate. The Taiwanese enjoy many free- the accolades of his colleagues on both sides introduced the Community-Oriented Policing doms including the right of assembly, expres- of the aisle. philosophy. sion and association, freedom of religion and Mr. Speaker, as the son of immigrant Rus- A most distinguished police officer with an freedom of the press. Human rights are well- sian Jews, Paul Wellstone believed in the undergraduate degree in Police Science, a established and protected. Taiwan is compromise of America. Prior to his entry into the master’s degree in Public Administration, and mitted to upholding the Universal Declaration United States Senate, this plain-spoken man a graduate of the POST Command College of Human Rights, the International Covenant was a devoted and beloved associate pro- and the FBI Law Enforcement Executive De- of Civil and Political Rights, and the Declara- fessor of political science at Carleton College velopment Program, Chief Miali is known tion and Action Program of the 1993 Vienna in Northfield, Minnesota, where he taught for throughout Fountain Valley and Orange Coun- Conference on Human Rights. 21 years. And although diagnosed with a mild ty as one of the city’s principal ambassadors. Taiwan has the world’s 12th largest econ- case of multiple sclerosis, Paul did not let it in- Chief Miali, together with his wife Charli and omy and is the United States 8th largest trad- capacitate him. He continued to fight for those their two children, Elvin and Carla, are proud ing partner. Its GDP of $386 billion is the 23rd issues dear to his heart: affordable universal citizens of Fountain Valley, a city which can largest in the world. However, perhaps more health care, mental health parity, family leave, rightfully look to Chief Miali for making its impressive is the fact that only 1 percent of its veterans affairs, and environmental protection. motto ‘‘A Nice Place to Live’’ happen every population live below the poverty line. Its thriv- Mr. Speaker, I am truly blessed to have day. ing, market-based economy has enabled it to known Paul Wellstone. On that fateful day 1 Mr. Speaker, as Chief Miali completes his contribute generously to international aid ef- year ago on October 25, 2002, I lost a be- 36 years of devoted public service in law en- forts. In the first half of 2001, Taiwan provided loved friend and colleague and the world lost forcement, and sets his course for new and nearly $700,000 through its International Co- a fearless and selfless public servant and tire- ever challenging community involvement, I am operation and Development Program. The Re- less advocate for justice. He has left a deep sure my colleagues will join me in saluting him public of China-Central American Economic void in this institution and is truly missed. He and thanking him for the exemplary job ‘‘well Development Fund has also enabled it to so- is often remembered for a particular saying— done’’—for Fountain Valley, for California, and lidify cooperative relationships with Central that ‘‘people yearn for a ‘politics of the center’, for America. American nations and reflects Taiwan’s grow- not ‘the center’ so widely discussed by politi- f ing interest in that area. cians and pundits in Washington, but, rather, Last year, Secretary of State Colin Powell a politics that speaks to the center of people’s SYRIA ACCOUNTABILITY ACT praised Taiwan, stating that it has become ‘‘a lives.’’ On this 1-year anniversary of the death resilient economy, a vibrant democracy and a of this courageous and principled man I urge HON. SHELLEY BERKLEY generous contributor to the international com- my colleagues to commit themselves to his OF NEVADA munity.’’ He called it a ‘‘success story’’ for legacy and fight for the things to which Paul IN THE HOUSE OF REPRESENTATIVES Asia and the world—words with which I heart- Wellstone dedicated his life. I know I will. Thursday, October 30, 2003 ily agree. f It is particularly important at this time to rec- Ms. BERKLEY. Mr. Speaker, I rise today in ognize and to thank nations that have been A TRIBUTE TO CHIEF OF POLICE strong support of the Syria Accountability and our unswerving friends for many years. We ELVIN G. MIALI ON THE OCCA- Lebanese Sovereignty Act. This important leg- must also acknowledge those democracies SION OF HIS RETIREMENT islation takes a strong and decisive stand that have stood as our allies. I take great against international terrorism. It also dem- pleasure in congratulating Taiwan on its Na- HON. CHRISTOPHER COX onstrates the firm resolve of the United States tional Day celebration and look forward to a OF CALIFORNIA in opposing those who support terrorism or continuation of our mutually beneficial relation- IN THE HOUSE OF REPRESENTATIVES provide funding and safe harbor for its per- ship. petrators. Thursday, October 30, 2003 Syria continues to be a major sponsor of f Mr. COX. Mr. Speaker, I rise today to pay international terrorist groups, and has been HONORING THE LIFE AND TIMES tribute to an outstanding official of the city of listed by the State Department as a sponsor of OF SENATOR PAUL WELLSTONE Fountain Valley, California. Chief of Police terrorism since the inception of the terrorist list Elvin G. Miali has devoted almost four dec- in 1979. Numerous terrorist groups, including HON. ELIJAH E. CUMMINGS ades of his life in service to his community Hamas, Palestinian Islamic Jihad, the Popular OF MARYLAND and to his country. Chief Miali has excelled in Front for the Liberation of Palestine, and at IN THE HOUSE OF REPRESENTATIVES his many law enforcement assignments over least seven more, have headquarters in Da- the years beginning in the city of San Gabriel mascus. In addition to offices, these groups Thursday, October 30, 2003 and culminating in the city of Fountain Valley. maintain training camps and other facilities on Mr. CUMMINGS. Mr. Speaker, I rise to The experience, commitment and profes- Syrian territory. Hizballah, referred to referred speak about a great man, a man who died be- sionalism which Chief Miali brings to the lead- to as the ‘‘A-team of terrorism’’ by Deputy fore his time, the late Senator Paul Wellstone. ership of a major law enforcement organiza- Secretary of State Richard Armitage, operates On October 25, 2002, the people of Min- tion is highly respected and commended by in areas of Lebanon occupied by Syria and re- nesota, the Senate and our nation lost a be- his peers throughout Orange County and the ceives supplies from Iran through Syria. In loved colleague and humanitarian. Paul State of California. Setting high standards for doing so, Syria is in clear violation of UN Se- Wellstone was a man of deep convictions who himself and all his department personnel and curity Council Resolution 1373 which directs cared deeply for those around him. A cham- staff, he is known for achieving exceptional re- all states to ‘‘refrain from providing any form of pion of working families, the poor, the sults under the most demanding of situations. support’’ for terrorism. Furthermore, their at- disenfranchised, the forgotten, the voiceless, The trademark of his leadership is ‘‘first class, tacks on Israel, launched with the acquies- and the disabled, Paul Wellstone was a liberal the first time, every time.’’ cence of the Syrian government, harm inno- Democrat in the truest sense of the term dur- Chief Miali began his law enforcement ca- cent civilians and risk leading to a wider re- ing a time when liberalism was not politically reer on February 27, 1967, with the city of gional war. fashionable. San Gabriel, California, where he rose through In addition to its harboring of international Mr. Speaker, Senator Wellstone took stands the ranks and achieved the position of Cap- terrorism, Syria’s 20,000 strong occupation on issues of principle. He voted against the tain. During this time his assignments included force has continued to occupy Lebanese terri- Resolution authorizing the use of military force the Detective Bureau for 12 years, six of tory, denying Lebanon its independence and in Iraq and the 1996 Welfare Reform Act. He which dealt with robbery and homicide. In Au- political sovereignty. This occupation has also was the only Democrat to vote against the gust 1986, he was selected Chief of Police for prevented Lebanon from fulfilling its obligation Democratic version of the estate tax repeal; the Fountain Valley Police Department. His under UN Security Council Resolutions 425 opposed the Administration’s national missile community contributions during 17 years as and 520 to deploy its troops to southern Leb- defense program and was against permanent Chief of Police include active efforts to combat anon. As a result, southern Lebanon is under normal trade relations with China. Paul drug abuse, child abuse, and drinking and the control of the terrorist group Hizballah,

VerDate jul 14 2003 04:12 Oct 31, 2003 Jkt 029060 PO 00000 Frm 00019 Fmt 0626 Sfmt 9920 E:\CR\FM\A30OC8.003 E30PT1 E2176 CONGRESSIONAL RECORD — Extensions of Remarks October 30, 2003 which has positioned thousands of katyusha South Carolina State’s Reserve Officer Train- American people as Ambassador to the Fed- rockets opposite Israel’s northern border. ing Corps. He now has aspirations to attend erated States of Micronesia. I have a deep re- During our recently concluded campaign in the Army War College next year. spect for the Island nations, and I am pleased Iraq, Syria aided the regime of Saddam Hus- Mr. Speaker, I ask you and my colleagues that we have passed the new compact legisla- sein, allowing arms and military equipment to to join me in commending Lt. Col. Stephen tion out of the House. be transported across the border into Iraq. Twitty for his extraordinary dedication and his Although most of the contentious issues in When Baghdad fell, a number of high-ranking exemplary military service. He is an inspiration the compact have been addressed, the fund- Iraqi officials from the defeated regime were to the soldiers he commands and the next ing allocated for education concerns me. The sighted transiting through Syria and it is con- generation of soldiers to follow. RMI and FSM children have only just begun to tinuing to permit ‘‘volunteers’’ and others to f benefit from the establishment of an integrated enter Iraq for the purpose of attacking and kill- education system. I am very pleased to know ing Americans. NATIONAL BREAST CANCER that authorization for educational programs is These actions are not those of an ally nor AWARENESS MONTH included in the bill. are they the work of a nation friendly to the In my former profession of teaching I have United States. As we work toward a more sta- HON. NITA M. LOWEY witnessed the impact of early structured edu- ble and peaceful Middle East, we must be OF NEW YORK cation. Young students are much better clear that nations that support terrorism will be IN THE HOUSE OF REPRESENTATIVES equipped to enter the educational system when they are exposed to education at an held accountable. This legislation is clear in its Thursday, October 30, 2003 intent and accomplishes just that. early age. The educational appropriations that I urge its full support and its immediate pas- Mrs. LOWEY. Mr. Speaker, this year an es- Chairman REGULA has offered to support is sage. timated 40,000 mothers, sisters, daughters, critical to keep effective programs in place. f friends and loved ones will die of breast can- I also strongly support those provisions in cer, and more than 210,000 new cases will be this compact that provide for continued Pell TRIBUTE TO LT. COL. STEPHEN diagnosed. Throughout the month we have re- grant eligibility for the FAS. It will bolster the TWITTY membered those that have fallen victim to this ability of the FAS to cultivate education. The disease, celebrated those who have survived elimination of Pell grant assistance would HON. JAMES E. CLYBURN it, raised awareness about the progress we’ve have decimated the college system in the FAS OF SOUTH CAROLINA made, and called on scientists to aggressively altogether. A large portion of the operating IN THE HOUSE OF REPRESENTATIVES continue the search for a cure. funds for the College of Micronesia are ob- Today, Democrats and Republicans, men tained through Pell grants. Thursday, October 30, 2003 and women alike are on the House floor to One other important area that I would like to Mr. CLYBURN. Mr. Speaker, I rise today to say—while we have made progress, further point out is the reinstatement of FEMA assist- honor Lt. Col. Stephen Twitty, who led the gains require a sustained commitment to ex- ance. It has been placed back into the Com- only infantry battalion—1,000 soldiers strong— panding the national investment in cancer re- pact for infrastructure purposes and major ca- in the initial attack on Baghdad, Iraq, this past search, prevention, treatment, and outreach tastrophes. USAID is not equipped to deal April. His 15th Infantry Regiment of the 3rd programs. with all of the problems that arise on small is- Battalion was fearless in the face of the heavi- It is hard to believe, but when I was first ap- lands nor do they have the ready response to est fighting of the campaign and successfully pointed to the Appropriations Committee in help in a timely fashion. As we move forward completed their mission. 1991, the Federal government was spending with our unique relationship with the FAS I Lt. Col. Twitty witnessed casualties among just $133 million on breast cancer each year. hope the U.S. Congress will be supportive and his troops, and continued to lead his soldiers That investment has increased dramatically— receptive to the needs of our friends. through the perils of suicide bombers, snipers, to more than $1.3 billion—between spending In conclusion, I urge my colleagues to un- rocket-propelled grenades and a variety of at the National Institutes of Health and Depart- derstand the importance of the FAS. I support other dangerous assaults. Later he had to ment of Defense. this bill and look to endorse the final product keep his troops focused on their mission after This is remarkable, but all of the research in as the other body considers the Compact. the death of NBC reporter David Bloom, who the world won’t make a difference unless it is f was embedded with his regiment. He faced put into practice. That is why we must con- HONORING GEORGE S. POFOK many potentially fatal situations by being on tinue to invest in the Centers for Disease Con- the frontline of American servicemen. As a re- trol’s Breast and Cervical Cancer screening sult of his gallantry, he received the U.S. program and better mammogram training and HON. DENNIS J. KUCINICH Army’s third highest medal, the Silver Star, oversight to improve radiologists’ ability to in- OF OHIO and is most likely on his way to becoming a terpret mammograms. IN THE HOUSE OF REPRESENTATIVES colonel. We must also ramp-up efforts to find new Thursday, October 30, 2003 Lt. Col. Twitty is a native of Chesnee, SC, and superior ways to detect breast cancer and Mr. KUCINICH. Mr. Speaker, I rise today in and graduated with a bachelor’s degree in study the relationship between breast cancer honor and recognition of George S. Pofok, criminal justice from South Carolina State Uni- and the environment. upon the occasion of his retirement from versity in Orangeburg, my alma mater, where Mr. Speaker, I believe, while the govern- Cleveland Public Power (CPP). he will serve as a grand marshal of this year’s ment cannot cure cancer, it can put the re- George Pofok has spent the last 30 years in Homecoming Parade. He is in good company sources in the hands of scientists who will. To- service to the city of Cleveland. Mr. Pofok among the military ranks of SCSU graduates. gether—along with advocates, survivors, sci- started his career as an electrical engineer, The University currently has four alumni who entists, and doctors—we can go the distance and rose to become company’s commissioner. are generals on active duty, one of whom was and stop this disease. During Mr. Pofok’s tenure as the commis- just named Commanding Officer of Fort Jack- f sioner, from 1985Ð1995, he was able to ini- son. tiate one of the most productive periods of Lt. Col. Twitty later received a master’s in TITLE II—COMPACTS OF FREE AS- growth for Cleveland’s power. He helped build public administration from Central Michigan SOCIATION WITH THE FED- the customer base from 50,000 to 80,000, as University. He has been stationed in both Bel- ERATED STATES OF MICRONESIA well as increasing the company’s revenue to gium and Germany but now resides in Fort AND THE REPUBLIC OF THE $130 million per year. These strategies have Stewart, GA. MARSHALL ISLANDS left a legacy of high growth for the company, This tour of duty isn’t Lt. Col. Twitty’s first and low costs to customers. Since 1985, cus- SPEECH OF time in combat. He is a veteran of Operation tomers of Cleveland Public Power have saved Desert Storm, in which he was a member of HON. DIANE E. WATSON more than $320 million. the first infantry division to cross the Kuwait- OF CALIFORNIA Mr. Pofok leaves a great legacy, none more Iraq border into enemy territory. He has also IN THE HOUSE OF REPRESENTATIVES important than the continuation of the tradition received decorations like the Legion of Merit and strengthening the exercise of public power Tuesday, October 28, 2003 and Bronze Star for his service to his nation in the city of Cleveland. in the most trying of situations. His interests in Ms. WATSON. Madam Speaker, President Mr. Speaker and colleagues, please join me the military date back to his experiences in Clinton gave me the privilege to represent the in honor and recognition of George S. Pofok

VerDate jul 14 2003 04:12 Oct 31, 2003 Jkt 029060 PO 00000 Frm 00020 Fmt 0626 Sfmt 9920 E:\CR\FM\A30OC8.007 E30PT1 October 30, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2177 for his dedication to Cleveland Public Power, sity, Sacramento, a Master of Science from Mr. Speaker, the city of Stockton has been and the welfare of the city of Cleveland. California State Polytechnic University, Po- greatly strengthened by the effort and dedi- f mona, and graduated from the prestigious cated service of Chief Chavez. I ask my col- Federal Bureau of Investigation Academy. leagues to help honor Chief Edward J. Chavez HONORING CHIEF EDWARD J. today for his service to this great Nation. It is CHAVEZ In 1973, Chief Chavez became a police officer and his prestigious career began. As a a privilege to represent him, and to call him leader in the Department, Edward Chavez my friend. HON. DENNIS A. CARDOZA rose through the ranks to become a Captain f OF CALIFORNIA and Deputy Chief of Police in 1990, and finally IN THE HOUSE OF REPRESENTATIVES to become the Stockton Police Department’s PERSONAL EXPLANATION Thursday, October 30, 2003 Chief of Police in 1993. As a role model to law Mr. CARDOZA. Mr. Speaker, I rise today to enforcement officials, Chief Chavez has HON. LOIS CAPPS served the city of Stockton with the utmost re- honor Mr. Edward J. Chavez who is retiring as OF CALIFORNIA spect and honor for residents and coworkers the Chief of Police for the city of Stockton, IN THE HOUSE OF REPRESENTATIVES California. It is truly an honor to recognize all alike. Thursday, October 30, 2003 of his achievements as a dedicated law en- Not only has Chief Chavez been a leader to forcement officer in our community. He has the Stockton Police Department, but has Mrs. CAPPS. Mr. Speaker, on October 17, served the people of my district with integrity served his community by being a member of 2003, I submitted a personal explanation for and he will truly be missed. over twenty civic and professional organiza- rollcall votes No. 553ÐNo. 561. In that per- Chief Chavez has shown his dedication to tions. He has been affiliated with the Board of sonal explanation, I inadvertently listed incor- serving our community and our country in Trustees for Humphreys College School of rectly how I would have voted on rollcall No. countless ways. As a member of the U.S. Air Law, Stockton Rotary, Hispanics for Political 558, rollcall No. 560 and rollcall No. 561. I re- Force from 1962Ð1970, Mr. Chavez dem- Action, Greater Stockton Chamber of Com- spectfully request that the RECORD now reflect onstrated this very commitment. merce, International Association of Chiefs of how I would have voted on the following roll- Through hard work and a commitment to Police, California Peace Officers Association, call votes: furthering his education, Mr. Chavez earned a and on the selection committee for the Rollcall No. 558—‘‘yes’’; rollcall No. 560— Bachelor of Arts from California State Univer- Stocktonian of the Year. ‘‘no’’; and rollcall No. 561—‘‘yes.’’

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HIGHLIGHTS Senate and House passed H.J. Res. 75, Continuing Appropriations. Senate passed H.R. 1904, Healthy Forest Restoration Act. Senate passed H.R. 2800, Foreign Operations Appropriations Act. The House agreed to the conference report on H.R. 2115, Flight 100— Century of Aviation Reauthorization Act. The House agreed to the conference report on H.R. 2691, Department of Interior and Related Agencies Appropriations Act of FY 2004. The House agreed to the conference report on H.R. 3289, Supplemental Appropriations Act for FY 2004. Senate Awareness Month, with an amendment in the nature Chamber Action of a substitute and with an amended preamble. Routine Proceedings, pages S13535–S13612 (See next issue.) Measures Introduced: Seven bills and two resolu- Measures Passed: tions were introduced, as follows: S. 1798–1804, S. Continuing Appropriations: Senate passed H.J. Res. 255, and S. Con. Res. 78. (See next issue.) Res. 75, making further continuing appropriations Measures Reported: for the fiscal year 2004, clearing the measure for the S. 1663, to replace certain Coastal Barrier Re- President. (See next issue.) sources System maps. (S. Rept. No. 108–179) Healthy Forests Restoration Act: By 80 yeas to H.R. 274, to authorize the Secretary of the Inte- 14 nays (Vote No. 428), Senate passed H.R. 1904, rior to acquire the property in Cecil County, Mary- to improve the capacity of the Secretary of Agri- land, known as Garrett Island for inclusion in the culture and the Secretary of the Interior to conduct Blackwater National Wildlife Refuge. (S. Rept. No. hazardous fuels reduction projects on National Forest 108–180) System lands and Bureau of Land Management lands S. 1395, to authorize appropriations for the Tech- aimed at protecting communities, watersheds, and nology Administration of the Department of Com- certain other at-risk lands from catastrophic wildfire, merce for fiscal years 2004 through 2005, with to enhance efforts to protect watersheds and address amendments. (S. Rept. No. 108–181) threats to forest and rangeland health, including cat- S. 1402, to authorize appropriations for activities astrophic wildfire, across the landscape, after agree- under the Federal railroad safety laws for fiscal years ing to the committee amendment in the nature of 2004 through 2008, with amendments. (S. Rept. a substitute, and taking action on the following No. 108–182) amendments proposed thereto: Pages S13600–(continued S. 1720, to provide for Federal court proceedings next issue) in Plano, Texas, with an amendment in the nature Adopted: of a substitute. Bingaman Amendment No. 2036, to require col- S. Con. Res. 58, expressing the sense of Congress laborative monitoring of forest health projects. with respect to raising awareness and encouraging Page S13609 prevention of stalking in the United States and sup- Bingaman Amendment No. 2042, to require best- porting the goals and ideals of National Stalking value contracting criteria in awarding contracts and agreements. (See next issue.) D1201

VerDate jul 14 2003 05:55 Oct 31, 2003 Jkt 029060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D30OC3.REC D30OC3 D1202 CONGRESSIONAL RECORD — DAILY DIGEST October 30, 2003 Cochran Amendment No. 2046, to make certain ing action on the following amendments proposed improvements to the bill. (See next issue.) thereto: (See next issue.) Notwithstanding passage of the bill, Cochran Adopted: Amendment No. 2046 was subsequently modified. By 89 yeas to 1 nay (Vote No. 429), DeWine (See next issue.) Amendment No. 1966, to increase assistance to Rejected: combat HIV/AIDS. (See next issue.) Bingaman Amendment No. 2035, to require the McConnell Amendment No. 2049, to make cer- treatment of slash and other long-term fuels manage- tain technical corrections and to provide for inter- ment for hazardous fuels reduction projects. (By 58 national military training assistance for Indonesia. yeas to 36 nays (Vote No. 422), Senate tabled the (See next issue.) amendment.) Pages S13608–09 McConnell (for Stevens) Amendment No. 2050, to Leahy Amendment No. 2039, to remove certain provide assistance for democracy programs in Russia. provisions relating to administrative and judicial re- (See next issue.) view. (By 62 yeas to 33 nays (Vote No. 423), Senate McConnell Amendment No. 1970, to express the sense of the Senate on Burma. (See next issue.) tabled the amendment.) Pages S13609–11 Rejected: Boxer Amendment No. 2043, to increase the min- By 45 yeas to 47 nays (Vote No. 430), Feinstein imum percentage of funds allocated for authorized Amendment No. 1977, to clarify the definition of hazardous fuel reduction projects in the wildland- HIV/AIDS prevention for purposes of providing urban interface. (By 61 yeas to 34 nays (Vote No. funds for therapeutic medical care. (See next issue.) 424), Senate tabled the amendment.) (See next issue.) By 41 yeas to 51 nays (Vote No. 432), Bingaman/ Murray Amendment No. 2030, to ensure protec- Daschle Amendment No. 2048, to make an addition of old-growth stands. (By 62 yeas to 32 nays tional $200,000,000 available for the Global AIDS (Vote No. 425), Senate tabled the amendment.) Initiative and reduce the amount available for Mil- (See next issue.) lennium Challenge Assistance by $200,000,000. Cantwell Modified Amendment No. 2038, to re- (See next issue.) quire the Comptroller General to study the costs and During consideration of this measure today, the benefits of the analysis of alternatives in environ- Senate also took the following action: mental assessments and environmental impact state- By 42 yeas to 50 nays (Vote No. 431), three-fifths ments. (By 57 yeas to 34 nays (Vote No. 426), Sen- of those Senators duly chosen and sworn, not having ate tabled the amendment.) (See next issue.) voted in the affirmative, Senate rejected the motion Harkin Amendment No. 2045, to provide author- to waive section 302(f) of the Congressional Budget ity for title I, relative to hazardous fuels reduction Act of 1974, with respect to Durbin Amendment on federal land. (By 61 yeas to 31 nays (Vote No. No. 2047, to increase assistance to combat HIV/ 427), Senate tabled the amendment.) (See next issue.) AIDS. Subsequently, the point of order that the During consideration of this measure today, the amendment was in violation of section 302(f) of the Senate also took the following action: Congressional Budget Act of 1974, was sustained, By 36 yeas to 60 nays (Vote No. 421), three-fifths and the amendment thus falls. (See next issue.) of those Senators duly chosen and sworn, not having McConnell (for Kennedy) Amendment No. 2023, voted in the affirmative, Senate rejected the motion to provide for the disclosure of prices paid for HIV/ to waive section 302(f) of the Congressional Budget AIDS medicines in developing countries, previously Act of 1974, with respect to Bingaman Amendment agreed to on Tuesday, October 28, 2003, was modi- No. 2031, to provide the Secretary of Agriculture fied. (See next issue.) with the authority to borrow funds from the Treas- Senate insisted on its amendment, requested a ury to pay for firefighting costs that exceed funds conference with the House thereon, and the Chair available and to provide funding to conduct haz- was authorized to appoint the following conferees on ardous fuels reduction and burned area restoration the part of the Senate: Senators McConnell, Specter, projects on non-Federal lands in and around commu- Gregg, Shelby, Bennett, Campbell, Bond, DeWine, nities. Subsequently, the point of order that the Stevens, Leahy, Inouye, Harkin, Mikulski, Durbin, amendment was in violation of section 302(f) of the Johnson, Landrieu, and Byrd. (See next issue.) Congressional Budget Act of 1974, was sustained, A Tribute to Survivors: Committee on the Judi- and the amendment thus falls. Pages S13601–05 ciary was discharged from further consideration of S. Foreign Operation Appropriations Act: Senate Con. Res. 76, recognizing that November 2, 2003, passed H.R. 2800, making appropriations for foreign shall be dedicated to ‘‘A Tribute to Survivors’’ at the operations, export financing, and related programs United States Holocaust Memorial Museum, and the for the fiscal year ending September 30, 2004, tak- resolution was then agreed to. (See next issue.)

VerDate jul 14 2003 05:55 Oct 31, 2003 Jkt 029060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D30OC3.REC D30OC3 October 30, 2003 CONGRESSIONAL RECORD — DAILY DIGEST D1203 Climate Stewardship Act: Senate continued consid- Nomination Considered: Senate resumed consider- eration of S. 139, to provide for a program of sci- ation of the nomination of of Charles W. Pickering, entific research on abrupt climate change, to accel- Sr., of Mississippi, to be United States Circuit Judge erate the reduction of greenhouse gas emissions in for the Fifth Circuit. Pages S13535–72 the United States by establishing a market-driven During consideration of this measure today, Senate system of greenhouse gas tradeable allowances that also took the following action: could be used interchangeably with passenger vehicle By 54 yeas to 43 nays (Vote No. 419), three-fifths fuel economy standard credits, to limit greenhouse of those Senators duly chosen and sworn, not having gas emissions in the United States and reduce devoted in the affirmative, Senate rejected the motion pendence upon foreign oil, and ensure benefits to to close further debate on the nomination. consumers from the trading in such allowances, tak- Page S13572 ing action on the following amendment proposed Nominations Received: Senate received the fol- thereto: Pages S13572–98 lowing nominations: Rejected: 1 Army nomination in the rank of general. By 43 yeas to 55 nays (Vote No. 420), Lieberman/ 2 Navy nominations in the rank of admiral. McCain Amendment No. 2028, in the nature of a Routine lists in the Army, Marine Corps, Navy. substitute. Pages S13572, S13598 Page S13612 A unanimous-consent agreement was reached pro- Messages From the House: (See next issue.) viding that the bill be re-referred to the Committee on Environment and Public Works. Page S13598 Measures Referred: (See next issue.) Interior Department Appropriations—Con- Enrolled Bills Presented: (See next issue.) ference Report: A unanimous-consent agreement Executive Reports of Committees: (See next issue.) was reached providing that on Monday, November Additional Cosponsors: (See next issue.) 3, 2003, at a time determined by the Majority Lead- er, after consultation with the Democratic Leader, Statements on Introduced Bills/Resolutions: Senate begin consideration of the conference report (See next issue.) to accompany H.R. 2691, making appropriations for Additional Statements: (See next issue.) the Department of the Interior and related agencies Amendments Submitted: (See next issue.) for the fiscal year ending September 30, 2004; that there be 60 minutes of debate equally divided; and Notices of Hearings/Meetings: (See next issue.) following the use or yielding back of time, Senate Authority for Committees to Meet: (See next issue.) vote on adoption of the conference report on Mon- Privilege of the Floor: (See next issue.) day, November 3, 2003, at a time determined by the Majority Leader, after consultation with the Record Votes: Fourteen record votes were taken Democratic Leader. (See next issue.) today. (Total—432) Pages S13572, S13598, S13605, S13609, S13611, (continued next issue) Internet Tax Non-Discrimination Act: A unanimous-consent agreement was reached providing that Adjournment: Senate met at 9 a.m., and adjourned at a time determined by the Majority Leader, after at 11:44 p.m., until 10 a.m., on Friday, October 31, consultation with the Democratic Leader, but not 2003. (For Senate’s program, see the remarks of the before Thursday, November 6, 2003, Senate begin Majority Leader in today’s Record on page S13611.) consideration of S. 150, to make permanent the mor- atorium on taxes on Internet access and multiple and Committee Meetings discriminatory taxes on electronic commerce imposed (Committees not listed did not meet) by the Internet Tax Freedom Act. (See next issue.) Emergency Supplemental, Iraq and Afghanistan PALESTINIAN EDUCATION Appropriations Act Conference Report—Agree- Committee on Appropriations: Subcommittee on Labor, ment: A unanimous-consent agreement was reached Health and Human Services, and Education con- providing that at 11 a.m., on Monday, November 3, cluded a hearing to examine the content of Pales- 2003, Senate begin consideration of the conference tinian education materials, including textbooks and report to accompany H.R. 3289, making emergency films, and the effect such materials have on the peace supplemental appropriations for defense and for the process, focusing on the United States foreign aid reconstruction of Iraq and Afghanistan for the fiscal program in the West Bank and the Gaza Strip, and year ending September 30, 2004; with the time curriculum that promotes principles of human until 5 p.m. equally divided and that at 5 p.m. the rights, democracy, diversity, tolerance, and plu- conference report be adopted. (See next issue.) ralism, after receiving testimony from Richard L.

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Armitage, Deputy Secretary of State; James Kunder, River Joint Commissions, Charlestown, New Hamp- Deputy Assistant Administrator for Asia and the shire. Near East, U.S. Agency for International Develop- ment; Daniel Pipes, U.S. Institute of Peace, and CALFED BAY-DELTA PROGRAM James Zogby, Arab American Institute, both of Committee on Energy and Natural Resources: Sub- Washington, D.C.; Itamar Marcus, Palestinian Media committee on Water and Power concluded a hearing Watch, Jerusalem, Israel; Hassan Abdul Rahman, to examine S. 1097, to authorize the Secretary of the Palestinian Authority, Gaza; and Morton Klein, Zi- Interior to implement the Calfed Bay-Delta Pro- onist Organization of America, New York, New gram, focusing on authorizing funding for fiscal York. years 2004 through 2007, as well as governance and INTERNATIONAL ECONOMIC AND management authorities for a comprehensive, bal- EXCHANGE RATE POLICIES anced and timely water management program for Committee on Banking, Housing, and Urban Affairs: California, after receiving testimony from Represent- Committee concluded a hearing to examine the ative Calvert; Bennett W. Raley, Assistant Secretary Treasury Department’s report to Congress on inter- of the Interior for Water and Science; Patrick national economic and exchange rate policy, after re- Wright, California Bay-Delta Authority, and David ceiving testimony from John W. Snow, Secretary of Guy, Northern California Water Association, both of the Treasury. Sacramento; Tom Birmingham, Westlands Water District, Fresno, California; Sunne W. McPeak, Bay UNIVERSAL TELECOMMUNICATIONS Area Council, San Francisco, California; Ron SERVICE Gastelum, Metropolitan Water District of Southern Committee on Commerce, Science, and Transportation: Sub- California, Los Angeles; and Tom Graff, Environ- committee on Communications concluded a hearing mental Defense, Oakland, California. on the future of Universal Telecommunications Serv- ice, focusing on opening local markets to competi- U.S.-SYRIA RELATIONS tion and preserving and advancing universal service, Committee on Foreign Relations: Committee met in as it confronts widespread marketplace and techno- closed session to receive a briefing to examine U.S. logical developments, after receiving testimony from policy directions relating to Syria from J. Cofer Michael K. Powell, Chairman, Federal Communica- Black, Coordinator, Office of the Coordinator for tions Commission. Counterterrorism, Department of State. NATIONAL PARKS U.S.-SYRIA RELATIONS Committee on Energy and Natural Resources: Sub- committee on National Parks concluded a hearing to Committee on Foreign Relations: Committee concluded examine S. 1241, to establish the Kate Mullany Na- a hearing to examine the current direction of U.S. tional Historic Site in the State of New York, S. policy towards Syria, focusing on developing a rela- 1364, to amend the Alaska National Interest Lands tionship with Syria in the context of furthering goals Conservation Act to authorize the payment of ex- toward peace, prosperity and democracy in the Mid- penses after the death of certain Federal employees dle East, after receiving testimony from William J. in the State of Alaska, S. 1433, to authorize the Sec- Burns, Assistant Secretary for Near Eastern Affairs, retary of the Interior to provide assistance in imple- and J. Cofer Black, Coordinator, Office of the Coor- menting cultural heritage, conservation, and rec- dinator for Counterterrorism, both of the Depart- reational activities in the Connecticut River water- ment of State; and Patrick Clawson, Washington In- shed of the States of New Hampshire and Vermont, stitute for Near East Policy, Richard W. Murphy, and S. 1462, to adjust the boundary of the Cum- Council on Foreign Relations, Murhaf Jouejati, berland Island Wilderness, to authorize tours of the George Washington University, and Flynt L. Cumberland Island National Seashore, after receiving Leverett, Brookings Institution, Saban Center for testimony from Senator Clinton; Durand Jones, Dep- Middle East Studies, all of Washington, D.C. uty Director, National Park Service, Department of the Interior; Gregory B. Paxton, The Georgia Trust HIV/AIDS IN AFRICA for Historic Preservation, Atlanta; Sean McKeon, Committee on Foreign Relations: Subcommittee on Afri- Northeast Regional Forest Foundation, Brattleboro, can Affairs met jointly with the Committee on Vermont; Hans Neuhauser, Georgia Environmental Health, Education, Labor, and Pensions’ Sub- Policy Institute, Athens, on behalf of The Wilder- committee on Children and Families to receive a re- ness Society, Wilderness Watch, and The Georgia port from Senator Frist relative to the HIV/AIDS Conservancy; and Sharon F. Francis, Connecticut Codel to Africa.

VerDate jul 14 2003 05:55 Oct 31, 2003 Jkt 029060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D30OC3.REC D30OC3 October 30, 2003 CONGRESSIONAL RECORD — DAILY DIGEST D1205 ELDER JUSTICE AND PROTECTION torney for the Western District of Kentucky, De- Committee on Health, Education, Labor, and Pensions: partment of Justice. Subcommittee on Aging concluded a hearing to ex- AGRICULTURE MONOPSONIES amine financial abuse and exploitation of the elderly, Committee on the Judiciary: Committee concluded a focusing on issues that elderly consumers face in to- hearing to examine monopsony issues in agriculture, day’s investment marketplace, after receiving testi- focusing on the buying power of processors in the mony from Maryland State Attorney General J. Jo- nation’s agricultural markets, the role of antitrust seph Curran, Jr., Baltimore; Carol Scott, Missouri enforcement in ensuring that agricultural markets Department of Health and Senior Services, Jefferson are competitive, and the status of producers in an City, on behalf of the National Association of State environment of concentrated purchasers of commod- Long-Term Care Ombudsman Programs; Robert B. ities, after receiving testimony from Senator Harkin; Blancato, National Committee for the Prevention of R. Hewitt Pate, Assistant Attorney General, Anti- Elder Abuse, Washington, D.C.; W. Lee Hammond, trust Division, Department of Justice; DeeVon Bai- AARP, Salisbury, Maryland; and Richmond D. ley, Utah State University Department of Economics Chambers, Chevy Chase, Maryland. and Cooperative Extension Service, Logan; Ronald BUSINESS MEETING W. Cotterill, University of Connecticut Department of Agricultural and Resource Economics, Storrs; and Committee on the Judiciary: Committee ordered favor- Peter C. Carstensen, University of Wisconsin Law ably reported the following business items: School, Madison. S. 1720, to provide for Federal court proceedings in Plano, Texas, with an amendment in the nature NOMINATIONS of a substitute; Committee on Veterans Affairs: Committee concluded a S. Con. Res. 58, expressing the sense of Congress hearing to examine the nominations of Cynthia R. with respect to raising awareness and encouraging Church, of Virginia, to be an Assistant Secretary of prevention of stalking in the United States and sup- Veterans Affairs (Public and Intergovernmental Af- porting the goals and ideals of National Stalking fairs), who was introduced by Senator Warner, and Awareness Month, with an amendment in the nature Robert N. McFarland, of Texas, to be an Assistant of a substitute; Secretary of Veterans Affairs (Information and Tech- S. Con. Res. 76, recognizing that November 2, nology), who was introduced by Senator Hutchison, 2003, shall be dedicated to ‘‘A Tribute to Survivors’’ after each nominee testified and answered questions at the United States Holocaust Memorial Museum; in their own behalf. and The nominations of Dora L. Irizarry, to be United INTELLIGENCE States District Judge for the Eastern District of New Select Committee on Intelligence: Committee held closed York, William K. Sessions III, of Vermont, to be a hearings on intelligence matters, receiving testimony Member of the United States Sentencing Commis- from officials of the intelligence community. sion, and David L. Huber, to be United States At- Committee recessed subject to call. h House of Representatives the fiscal year ending September 30, 2004 (H. Rept. Chamber Action 108–337); and Measures Introduced: 21 public bills, H.R. H. Res. 424, waiving points of order against the 3406–3427; and 7 resolutions, H. Con. Res. conference report to accompany the bill (H.R. 3289) 316–319 and H. Res. 425–427, were introduced. making emergency supplemental appropriations for (See next issue.) defense and for the reconstruction of Iraq and Af- Additional Cosponsors: (See next issue.) ghanistan for the fiscal year ending September 30, Reports Filed: Reports were filed today as follows: 2004 (H. Rept. 108–338). (See next issue.) Conference report on H.R. 3289, making emergency supplemental appropriations for defense and for the reconstruction of Iraq and Afghanistan for

VerDate jul 14 2003 05:55 Oct 31, 2003 Jkt 029060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D30OC3.REC D30OC3 D1206 CONGRESSIONAL RECORD — DAILY DIGEST October 30, 2003 Approval of Journal: The House agreed to the ment of the Interior and related agencies for the fis- Speaker’s approval of the Journal of Thursday, Octo- cal year ending September 30, 2004 by a yea-and- ber 29 by a recorded vote of 345 ayes to 58 noes nay vote of 216 yeas to 205 nays, Roll No. 595. with one voting ‘‘present’’, Roll No. 581. (See next issue.) Pages H10137–38 Rejected the Hinchey motion to recommit the Motions to Adjourn: The House rejected the conference report to the conference committee by a McGovern motion to adjourn by a yea-and-nay vote yea-and-nay vote of 190 yeas to 229 nays, Roll No. of 86 yeas to 317 nays, Roll No. 580. 594. (See next issue.) Pages H10136–37 Agreed to H. Res. 418, the rule providing for The House rejected the Berry motion to adjourn consideration of the conference report on Wednes- by a recorded vote of 76 ayes to 328 noes, Roll No. day, October 29. (See next issue.) 584. Page H10163 Suspensions: The House agreed to suspend the rules The House rejected the McGovern motion to ad- and pass the following measures: journ by a yea-and-nay vote of 68 yeas to 346 nays, Expressing gratitude to the members of the U.S. Roll No. 585. Pages H10170–71 Armed Forces who were deployed in Somalia in The House rejected the Hastings of Florida mo- 1993: Debated on Tuesday, October 28, H. Con. tion to adjourn by a recorded vote of 54 ayes to 360 Res. 291, expressing deep gratitude for the valor and noes, Roll No. 588. (See next issue.) commitment of the members of the United States The House rejected the Oberstar motion to ad- Armed Forces who were deployed in Operation Re- journ by a yea-and-nay vote of 55 yeas to 360 nays, store Hope to provide humanitarian assistance to the Roll No. 589. (See next issue.) people of Somalia in 1993, by a 2/3 yea-and-nay The House rejected the Oberstar motion to ad- vote of 402 yeas with none voting ‘‘nay’’, Roll No. journ by a yea-and-nay vote of 59 yeas to 343 nays, 582; Pages H10138–39 Roll No. 590. (See next issue.) Repudiating the anti-Semitic sentiments ex- Continuing Appropriations for FY 2004: The pressed by Dr. Mahathir Mohamad: Debated on House passed H.J. Res 75, making further con- Tuesday, October 28, H. Res. 409, repudiating the tinuing appropriations for the fiscal year 2004 by a recent anti-Semitic sentiments expressed by Dr. yea-and-nay vote of 406 yeas to 13 nays, Roll No. Mahathir Mohamad, the outgoing prime minister of 583. Pages H10157–63 Malaysia, which makes peace in the Middle East and Agreed to H. Res. 417, the rule providing for around the world more elusive, by a 2/3 yea-and-nay consideration of the bill on Wednesday, October 29. vote of 411 yeas with none voting ‘‘nay’’ and one (See next issue.) voting ‘‘present’’, Roll No. 593; and (See next issue.) Flight 100—Century of Aviation Reauthorization Sense of Congress welcoming President Chen Act—Conference Report: The House agreed to the Shui-bian of Taiwan to the United States: De- conference report on H.R. 2115, to amend title 49, bated on Wednesday, October 29, H. Con. Res. 302, United States Code, to reauthorize programs for the expressing the sense of Congress welcoming Presi- Federal Aviation Administration, by a recorded vote dent Chen Shui-bian of Taiwan to the United States of 211 ayes to 207 noes, Roll No. 592. on October 31, 2003, by a 2/3 yea-and-nay vote of Pages H10163–70 416 yeas with none voting ‘‘nay’’, Roll No. 596. Rejected the Oberstar motion to recommit the (See next issue.) conference report with instructions to the conference committee by a yea-and-nay vote of 197 yeas to 219 Supplemental Appropriations Act for FY 2004— Conference Report: The House agreed to the con- nays, Roll No. 591. (See next issue.) Agreed to H. Res. 422, the rule providing for ference report on H.R. 3289, making emergency consideration of the bill by a recorded vote of 220 supplemental appropriations for defense and for the ayes to 199 noes, Roll No. 587, after agreeing on reconstruction of Iraq and Afghanistan for the fiscal a motion to order the previous question by a re- year ending September 30, 2004, by a yea-and-nay corded vote of 222 ayes to 199 noes, Roll No. 586. vote of 298 yeas to 121 nays, Roll No. 601. Pages H10139–57, (continued next issue) (See next issue.) Rejected the Obey motion to recommit the con- Recess: The House recessed at 1:40 p.m. and recon- ference report with instructions to the conference vened at 3 p.m. (See next issue.) committee by a yea-and-nay vote of 198 yeas to 221 Interior Department Appropriations Act for FY nays, Roll No. 600. (See next issue.) 2004—Conference Report: The House agreed to Agreed to H. Res. 421, the rule waiving clause H.R. 2691, making appropriations for the Depart- 6(a) of rule XIII, that requires a two-thirds vote to

VerDate jul 14 2003 05:55 Oct 31, 2003 Jkt 029060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D30OC3.REC D30OC3 October 30, 2003 CONGRESSIONAL RECORD — DAILY DIGEST D1207 consider a rule on the same day it is reported from GAO; the following officials of the Department of the Rules Committee, by a yea-and-nay vote of 217 Defense: Patrick Wakefield, Deputy Assistant to the yeas and 197 nays, Roll No. 597. (See next issue.) Secretary (Chemical Demilitarization and Agreed to H. Res. 424, the rule providing for Counterproliferation); Claude M. Bolton, Assistant consideration of the conference report by a voice Secretary of the Army (Acquisition, Logistics, and vote. (See next issue.) Technology); and Michael A. Parker, Director, U.S. Energy Policy Act of 2003: The House rejected the Army Chemical Materials Agency; and Craig Eddie Bernice Johnson of Texas motion to instruct Conklin, Chief, Nuclear and Chemical Hazards conferees on H.R. 6, to enhance energy conservation Branch Preparedness Division, Emergency Prepared- and research and development, to provide for secu- ness and Response Division, Department of Home- rity and diversity in the energy supply for the Amer- land Security. ican people, by a yea-and-nay vote of 182 yeas to ENERGY EMPLOYEES WORKERS’ 232 nays, Roll No. 598. (See next issue.) COMPENSATION Medicare Prescription Drug and Modernization Committee on Education and the Workforce: Sub- Act of 2003: The House rejected the Davis of Flor- committee on Workforce Protections held a hearing ida motion to instruct conferees on H.R. 1, to on ‘‘Energy Employees Workers’ Compensation: Ex- amend title XVIII of the Social Security Act to pro- amining the Department of Labor’s Role in Helping vide for a voluntary prescription drug benefit under Workers with Energy-Related Occupational Illnesses the medicare program and to strengthen and im- and Diseases.’’ Testimony was heard from Shelby prove the medicare program by a yea-and-nay vote Hallmark, Director, Office of Workers’ Compensa- of 195 yeas to 217 nays, Roll No. 599. tion Programs, Employment Standards Administra- (See next issue.) tion, Department of Labor; John Howard, M.D., Di- Meeting Hour: The House agreed that when it ad- rector, National Institute for Occupational Safety and journ today, it adjourn to meet at 12:30 p.m. on Health, Centers for Disease Control and Prevention, Tuesday, November 4 for morning-hour debate. Department of Health and Human Services; and a (See next issue.) public witness. Calendar Wednesday: The House agreed to dis- E-COMMERCE—ONLINE WINE SALES pense with the Calendar Wednesday business of Committee on Energy and Commerce: Subcommittee on Wednesday, November 5. (See next issue.) Commerce, Trade and Consumer Protection held a Library of Congress Trust Fund Board: The Chair hearing entitled ‘‘E-Commerce: The Case of Online announced the Speaker’s appointment of Mrs. Wine Sales and Direct Shipment.’’ Testimony was Elisabeth DeVos of Grand Rapids, Michigan, to the heard from Todd Zywicki, Director, Office of Policy Library of Congress Trust Fund Board. Planning, FTC; and public witnesses. (See next issue.) REVIEWING U.S. CAPITAL MARKET Senate Message: Message received from the Senate STRUCTURE today appears on page H10133. Committee on Financial Services: Subcommittee on Cap- Senate Referrals: S. 1405 and S. 1659 were ordered ital Markets, Insurance, and Government Sponsored held at the desk, and S. 1590 and S. 1718 were re- Enterprises held a hearing entitled ‘‘Reviewing U.S. ferred to the Committee on Government Reform. Capital Market Structure: Promoting Competition in Page H10133 a Changing Trading Environment.’’ Testimony was Adjournment: The House met at 10 a.m. and ad- heard from William H. Donaldson, Chairman, SEC; journed at 12:37 a.m. on Friday, October 31. and public witnesses. SERVING THE UNDERSERVED IN THE 21ST Committee Meetings CENTURY Committee on Government Reform: Held a hearing enti- U.S. CHEMICAL WEAPONS STOCKPILE tled ‘‘Serving the Underserved in the 21st Century: DESTRUCTION The Need for a Stronger, More Responsive Public Committee on Armed Services: Subcommittee on Ter- Health Service Commissioned Corps.’’ Testimony rorism, Unconventional Threats and Capabilities was heard from Vice Adm. Richard H. Carmona, held a hearing on Destruction of the U.S. Chemical M.D., Surgeon General, Department of Health and Weapons Stockpile—Program Status and Issues. Tes- Human Services; C. Everett Koop, M.D., former Sur- timony was heard from Henry L. Hinton, Jr., Man- geon General; and Julius B. Richmond, M.D., and aging Director, Defense Capabilities Management, former Surgeon General; and a public witness.

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PRIVATE RELIEF BILLS; PROSPECTS FOR and Groundwater Study and Facilities Act to author- AMERICAN WORKERS: IMMIGRATION’S ize the Secretary of the Interior to participate in the IMPACT Brownsville Public Utility Board water recycling and Committee on the Judiciary: Subcommittee on Immi- desalinization project; and H.R. 2991, Inland Em- gration, Border Security, and Claims approved for pire Regional Water Recycling Initiative. full Committee action private relief bills. The Subcommittee also held a hearing on the fol- The Committee also held an oversight hearing on lowing: H.R. 3334, Riverside-Corona Feeder Au- ‘‘The Prospects for American Workers: Immigra- thorization Act; the Provo River Project Transfer tion’s Impact.’’ Testimony was heard from public Act; and S. 212, High Plains Aquifer Hydrogeologic witnesses. Characterization, Mapping, Modeling and Moni- toring Act. Testimony was heard from the following OVERSIGHT—GAO REPORT—OIL AND GAS officials of the Department of the Interior: John ACTIVITIES ON FEDERAL LANDS Keys III, Commissioner, Bureau of Reclamation; and Committee on Resources: Subcommittee on Fisheries Robert Hirsch, Assistant Director, Water Resources, Conservation, Wildlife and Oceans held an oversight U.S. Geological Survey; and public witnesses. hearing on the GAO report entitled ‘‘Opportunities to Improve the Management and Oversight of Oil CONFERENCE REPORT—EMERGENCY and Gas Activities on Federal Lands.’’ Testimony was SUPPLEMENTAL APPROPRIATIONS heard from Barry T. Hill, Director, Natural Re- Committee on Rules: Granted, by voice vote, a rule sources and Environment, GAO; and David Smith, waiving all points of order against the conference re- Deputy Assistant Secretary, Fish, Wildlife and Parks, port to accompany H.R. 3289, making emergency Department of the Interior. supplemental appropriations for defense and for the OVERSIGHT—INTERNATIONAL reconstruction of Iraq and Afghanistan for the fiscal COMMISSION—CONSERVATION OF year ending September 30, 2004, and against its ATLANTIC TUNAS consideration. The rule provides that the conference Committee on Resources: Subcommittee on Fisheries report shall be considered as read. Testimony was Conservation, Wildlife and Oceans held an oversight heard from Chairman Young and Representative hearing on the upcoming 18th Regular Meeting of Obey. the International Commission for the Conservation of Atlantic Tunas. Testimony was heard from William SPACE WEATHER T. Hogarth, Assistant Administrator, Fisheries, Na- Committee on Science: Subcommittee on Environment, tional Marine Fisheries Service, NOAA, Department Technology, and Standards held a hearing on ‘‘What of Commerce; the following officials of the U.S. is Space Weather and Who Should Forecast It?’’ Tes- International Commission for the Conservation of timony was heard from Ernest Hildner, Director, Atlantic Tunas (ICCAT): Glenn R. Delaney, Com- Space Environment Center, NOAA, Department of mercial Commissioner; and Robert G. Hayes, Rec- Commerce; John M. Grunfeld, Chief Scientist, reational Commissioner; and public witnesses. NASA; Col. L. Benson, Jr., USAF, Air Force Weath- MISCELLANEOUS MEASURES er Agency, Department of the Air Force; and public witnesses. Committee on Resources: Subcommittee on Water and Power approved for full Committee action the fol- MATH SCIENCE PARTNERSHIP PROGRAM lowing bills: H.R. 142, amended, to amend the Rec- IMPLEMENTATION lamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Inte- Committee on Science: Subcommittee on Research held rior to participate in the Inland Empire regional a hearing on Implementation of the Math Science water recycling project, to authorize the Secretary to Partnership Program: Views from the Field. Testi- carry out a program to assist agencies in projects to mony was heard from public witnesses. construct regional brine lines in California, and to authorize the Secretary to participate in the Lower UNSOLICITED COMMERCIAL E-MAIL Chino Dairy Area desalination demonstration and (SPAM)—IMPACT ON SMALL BUSINESSES reclamation project; H.R. 1156, to amend the Rec- Committee on Small Business: Subcommittee on Regu- lamation Wastewater and Groundwater Study and latory Reform and Oversight held a hearing on the Facilities Act to increase the ceiling on the Federal impact of unsolicited commercial e-mail (spam) on share of the costs of phase I of the Orange County, small businesses. Testimony was heard from J. How- California, Regional Water Reclamation Project; ard Beales III, Director, Bureau of Consumer Protec- H.R. 2960, to amend the Reclamation Wastewater tion, FTC; and public witnesses.

VerDate jul 14 2003 05:55 Oct 31, 2003 Jkt 029060 PO 00000 Frm 00008 Fmt 0627 Sfmt 0627 E:\CR\FM\D30OC3.REC D30OC3 October 30, 2003 CONGRESSIONAL RECORD — DAILY DIGEST D1209 OVERSIGHT—FAA’S AIR TRAFFIC ant Secretary, Plans, Programs and Budgets, Depart- CONTROL MODERNIZATION PROGRAM ment of Homeland Security. STATUS Committee on Transportation and Infrastructure: Sub- Joint Meetings committee on Aviation held an oversight hearing on The Status of the Federal Aviation Administration’s EMERGENCY SUPPLEMENTAL, IRAQ AND Air Traffic Control Modernization Programs. Testi- AFGHANISTAN APPROPRIATIONS ACT mony was heard from the following officials of the Conferees on Wednesday, October 30, 2003, agreed to Department of Transportation: Kenneth R. Mead, file a conference report on the differences between Inspector General; and Charles Keegan, Associate the Senate and House passed versions of H.R. 3289, Administrator, FAA; Gerald Dillingham, Director, making emergency supplemental appropriations for Civil Aviation Issues, GAO; and a public witness. defense and for the reconstruction of Iraq and Af- U.S.-CHINA ECONOMIC RELATIONS ghanistan for the fiscal year ending September 30, 2004. Committee on Ways and Means: Held a hearing on United States-China Economic Relations and China’s f Role in the Global Economy. Testimony was heard NEW PUBLIC LAWS from John B. Taylor, Under Secretary, International Affairs, Department of the Treasury; N. Gregory (For last listing of Public Laws, see DAILY DIGEST, p. D 1186) Mankiw, Chairman, Council of Economic Advisers; H.R. 1900, to award a congressional gold medal Ambassador Josette Shiner, Deputy U.S. Trade Rep- to Jackie Robinson (posthumously), in recognition of resentative; Douglas Holtz-Eakin, Director, CBO; his many contributions to the Nation, and to express Loren Yager, Director, Office of International Affairs the sense of the Congress that there should be a na- and Trade, GAO; and Robert Rogowsky, Director, tional day in recognition of Jackie Robinson. Signed Office of Operations, U.S. International Trade Com- on October 29, 2003. (Public Law 108–101). mission. H.R. 3229, to amend title 44, United States Hearings continue tomorrow. Code, to transfer to the Public Printer the authority over the individuals responsible for preparing indexes SECURING FREEDOM AND THE NATION of the Congressional Record. Signed on October 29, Permanent Select Committee on Intelligence: Held a hear- 2003. (Public Law 108–102). ing entitled ‘‘Securing Freedom and the Nation: Col- S. 1591, to redesignate the facility of the United lecting Intelligence Under the Law, Constitutional States Postal Service located at 48 South Broadway, and Public Policy Consideration.’’ Testimony was Nyack, New York, as the ‘‘Edward O’Grady, Wa- heard from public witnesses. verly Brown, Peter Paige Post Office Building’’. Signed on October 29, 2003. (Public Law 108–103). DEPARTMENT OF HOMELAND SECURITY FINANCIAL ACCOUNTABILITY ACT f Select Committee on Homeland Security: Ordered re- COMMITTEE MEETINGS FOR FRIDAY, ported, as amended, H.R. 2886, Department of OCTOBER 31, 2003 Homeland Security Financial Accountability Act. (Committee meetings are open unless otherwise indicated) STRENGTH THROUGH KNOWLEDGE Senate Select Committee on Homeland Security: Subcommittee No meetings/hearings scheduled. on Cybersecurity, Science, and Research and Devel- opment held a hearing entitled ‘‘Strength Through House Knowledge: Homeland Security Science and Tech- Committee on Ways and Means, to continue hearings on nology; Setting and Steering a Strong Course.’’ Tes- United States-China Economic Relations and China’s Role timony was heard from Parney C. Albright, Assist- in the Global Economy, 9 a.m., 1100 Longworth.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Friday, October 31 12:30 p.m., Tuesday, November 4

Senate Chamber House Chamber Program for Friday: Senate will be in a period of morn- Program for Tuesday: To be announced. ing business.

Extensions of Remarks, as inserted in this issue

HOUSE Feeney, Tom, Fla., E2167 Napolitano, Grace F., Calif., E2171 Ford, Harold E., Jr., Tenn., E2171 Nethercutt, George R., Jr., Wash., E2174 Berkley, Shelley, Nev., E2174, E2175 Goss, Porter J., Fla., E2169 Ose, Doug, Calif., E2157, E2157 Bonner, Jo, Ala., E2169 Graves, Sam, Mo., E2163, E2164, E2165, E2166, E2166 Pallone, Frank, Jr., N.J., E2159 Brown-Waite, Ginny, Fla., E2157, E2157, E2158 Green, Mark, Wisc., E2169 Pearce, Stevan, N.M., E2158 Burns, Max, Ga., E2160 Hall, Ralph M., Tex., E2170 Ross, Mike, Ark., E2170 Cantor, Eric, Va., E2167 Hart, Melissa A., Pa., E2161 Sanchez, Loretta, Calif., E2174 Capps, Lois, Calif., E2177 Herger, Wally, Calif., E2162 Sanders, Bernard, Vt., E2174 Cardoza, Dennis A., Calif., E2177 Isakson, Johnny, Ga., E2169 Saxton, Jim, N.J., E2167 Case, Ed, Hawaii, E2171 Issa, Darrell E., Calif., E2161 Schakowsky, Janice D., Ill., E2163, E2164 Clyburn, James E., S.C., E2176 Jackson-Lee, Sheila, Tex., E2160 Shaw, E. Clay, Jr., Fla., E2163, E2164, E2165 Cox, Christopher, Calif., E2174, E2175 Kucinich, Dennis J., Ohio, E2176 Simmons, Rob, Conn., E2170 Cummings, Elijah E., Md., E2174, E2175 Larson, John B., Conn., E2168 Solis, Hilda L., Calif., E2158 DeLauro, Rosa L., Conn., E2163, E2164, E2165 Latham, Tom, Iowa, E2159 Tanner, John S., Tenn., E2157 Diaz-Balart, Lincoln, Fla., E2160 Lee, Barbara, Calif., E2173 Towns, Edolphus, N.Y., E2162, E2163, E2164, E2165, Doolittle, John T., Calif., E2160 Lofgren, Zoe, Calif., E2167 E2166, E2166 Emanuel, Rahm, Ill., E2161 Lowey, Nita M., N.Y., E2158, E2176 Upton, Fred, Mich., E2162 Engel, Eliot L., N.Y., E2168 McCollum, Betty, Minn., E2169 Vitter, David, La., E2161 Evans, Lane, Ill., E2158 McCotter, Thaddeus G., Mich., E2162 Watson, Diane E., Calif., E2176

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