S9870 CONGRESSIONAL RECORD — SENATE October 3, 2002 And I was being blasted in the press The conference report to accompany H.R. the nays are 5. Three-fifths of the Sen- back in 1988. 2215, to authorize appropriations for the De- ators duly chosen and sworn having I called a meeting of the entire com- partment of Justice for fiscal year 2002, and voted in the affirmative, the motion is mittee and said that if the accusations for other purposes. agreed to. relevant to me were getting in the way CLOTURE MOTION The Senator from Vermont. of the work of the committee, I would The PRESIDING OFFICER. Under Mr. LEAHY. Mr. President, I thank resign as Chairman. the previous order, the clerk will re- Senators for this overwhelming vote in But before I could get the last word port the motion to invoke cloture. bringing this debate to a close. This is The legislative clerk read as follows: out of my mouth, STROM stood up. a piece of legislation that passed in the CLOTURE MOTION ‘‘That’s ridiculous,’’ he said. ‘‘You stay other body 400 to 4. This vote shows We, the undersigned Senators, in accord- overwhelming support in this body. as chairman. We all have confidence in ance with the provisions of rule XXII of the you.’’ Senator HATCH, the ranking member Standing Rules of the Senate, hereby move of the Judiciary Committee, is nec- I said, ‘‘Don’t you want me to ex- to bring to a close the debate on the con- plain?’’ ference report to accompany H.R. 2215, the essarily absent. I know he supports this And STROM said, ‘‘There’s no need to 21st Century Department of Justice Appro- bill, too. And I thank, also on his be- explain. I know you.’’ priations Authorization Act: half, those Senators who joined in this I will never forget what he said that Harry Reid, Jeff Bingaman, Jean vote. I do not know what the pleasure of day. ‘‘There’s no need to explain. We Carnahan, Hillary Clinton, Thomas Carper, Richard Durbin, Paul Sarbanes, the body is, Mr. President, but I am know you.’’ Daniel Inouye, Bill Nelson of Florida, perfectly willing to move forward. I am I have told this story before, but to Jack Reed, Patrick Leahy, Benjamin not going to request a rollcall vote. I this day, I can’t think of many other Nelson of Nebraska, John Edwards, don’t know if anyone else wishes to people who would, having a significant Tim Johnson, Joseph Lieberman, have one. I think to have had such an political advantage, not only not take Byron Dorgan, Tom Daschle. overwhelming vote—93 to 5—gives a it, but stand by me. That’s the STROM The PRESIDING OFFICER. By unan- pretty good understanding of where the THURMOND I know and will always ad- imous consent, the mandatory quorum body is on a piece of legislation such as mire. call under the rule is waived. this that covers everything from drug I have been honored to work with The question is, Is it the sense of the abuse in juvenile areas, to creating 20 him, privileged to serve with him, and Senate that debate on the conference new judges, to protecting our FBI in proud to call him my friend. As I said report accompanying H.R. 2215, the 21st Century Department of Justice Appro- dangerous situations. earlier: A long life may well be the gift So, Mr. President, I am about to of a benevolent God, but a long life priations Authorization Act, shall be brought to a close? The yeas and nays yield the floor, but I am perfectly will- with an impact as powerful and lasting ing to just go forward on the legisla- as his is the treasure of a grateful Na- are ordered under rule XXII, and the clerk will call the roll. tion. Obviously, if anybody else wants tion. to speak on it or ask for a rollcall vote, STROM THURMOND is, without doubt, The legislative clerk called the roll. Mr. NICKLES; I announce that the that is their prerogative. an American treasure. I yield the floor. The truth of the matter is that his Senator from Utah (Mr. HATCH) and the Senator from North Carolina (Mr. I suggest the absence of a quorum. longevity lies in his strength of char- The PRESIDING OFFICER. The acter, his absolute honesty and integ- HELMS) are necessarily absent. I further announce that if present clerk will call the roll. rity, his sense of fairness, his civility The assistant legislative clerk pro- and voting the Senator from Utah (Mr. and dignity as a gentleman, and his ceeded to call the roll. HATCH) would vote ‘‘yea.’’ Mr. SPECTER. Mr. President, I ask commitment to public service. The yeas and nays resulted—yeas 93, unanimous consent that the order for None of these things are skills you nays 5, as follows: learn. They are qualities that burn the quorum call be rescinded. [Rollcall Vote No. 229 Leg.] deep within leaders like STROM THUR- The PRESIDING OFFICER. Without YEAS—93 MOND. And people who know him well objection, it is so ordered. Akaka Dodd Lincoln can sense them. IRAQ Allard Domenici McCain The measure of STROM THURMOND is Allen Dorgan McConnell Mr. SPECTER. Mr. President, I have not how long he has lived or how long Baucus Durbin Mikulski sought recognition today to discuss the he has served, but the good he has Bayh Edwards Miller situation with respect to Iraq. At the Bennett Ensign Murkowski done, the record of success he has Biden Enzi Murray outset, I compliment the President for achieved, and the standard of leader- Bingaman Feingold Nelson (FL) coming to Congress. I believe that, as a ship he has set. Bond Feinstein Nelson (NE) matter of constitutional law, the Presi- The truth is that STROM’s ongoing Boxer Fitzgerald Nickles dent, as Commander in Chief, has the Breaux Frist Reed legacy is not about time, it is about ex- Brownback Graham Reid authority to respond to emergencies, traordinary leadership and dedicated Bunning Grassley Roberts but when there is time for discussion, service to the people of South Carolina Burns Gregg Rockefeller deliberation, debate, and a decision, Byrd Hagel Sarbanes and the nation. Campbell Harkin Schumer then it is the responsibility of the Con- And for that we say, ‘‘Thank you, Cantwell Hollings Sessions gress, under the Constitution, to de- STROM, and a hundred more.’’ Carnahan Hutchinson Shelby clare war and to take the United Carper Hutchison Smith (OR) f States to war. Chafee Inhofe Snowe Originally, there had been a conten- CONCLUSION OF MORNING Cleland Inouye Specter Clinton Jeffords Stabenow tion that the President did not need BUSINESS Cochran Johnson Stevens congressional authorization, but the The PRESIDING OFFICER. Morning Collins Kennedy Thomas President has decided to come to Con- Conrad Kerry Thompson business is closed. Corzine Kohl Thurmond gress, and I compliment him for doing f Craig Kyl Torricelli that. Crapo Landrieu Voinovich I also think that the President has 21ST CENTURY DEPARTMENT OF Daschle Leahy Warner moved wisely in seeking a coalition of JUSTICE APPROPRIATIONS AU- Dayton Levin Wellstone DeWine Lieberman Wyden the United Nations, as President Bush THORIZATION ACT—CONFERENCE in 1991 organized a coalition, came to NAYS—5 REPORT the Congress, and had authorization for The PRESIDING OFFICER. Under Gramm Lugar Smith (NH) Lott Santorum the use of force against Iraq which had the previous order, the Senate will now invaded Kuwait. The assemblage of an resume consideration of the conference NOT VOTING—2 international coalition is a very impor- report accompanying H.R. 2215, which Hatch Helms tant item. the clerk will report. The PRESIDING OFFICER (Mr. The issue of inspections is one which The legislative clerk read as follows: JOHNSON). On this vote, the yeas are 93, has to be pursued. To say that Saddam

VerDate Sep 04 2002 01:54 Oct 04, 2002 Jkt 019060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G03OC6.082 S03PT1 October 3, 2002 CONGRESSIONAL RECORD — SENATE S9871 Hussein is a difficult man to deal with, exercise this power, referring to the come back. When there is a matter as would be a vast understatement. He power to declare war or the power to important as a resolution authorizing maneuvered and ousted the inspectors use force. While not cast specifically in the use of force, the equivalent of a from Iraq some 4 years ago. the dialogue of delegation of power, the declaration of war, there is no congres- It seems to me the inspections have Federalist tracts, written by Hamilton sional responsibility that is weighed to be thorough, total, unannounced, in- and cited by Wormuth and Firmage, do more heavily, more solemnly, or more trusive, going everywhere, however, argue about the limitations of Federal importantly than that. there cannot be an exclusion for the power. I am not naive enough to think any- President’s palaces, which are very The treatise by Professors Wormuth body is going to go into court or that large tracts of land and could conceal and Firmage then goes on to cite Chief a court would consider this, what we great quantities of weapons of mass de- Justice Marshall, who said—and again lawyers call a justiciable issue, or de- struction. I leave out materials which are not di- cide this sort of a matter. I do think it Senator SHELBY and I made a trip to rectly relevant—it will not be con- is a matter which ought to be focused the Sudan in August as part of a trip to tended Congress can delegate powers on by Members of the Senate and Africa. In the Sudan, we found that which are exclusively legislative. House of Representatives. I have not there is an interest on the part of the Here you have a power, the power to seen any public commentary on the Sudanese Government in cooperating declare war, which is a core congres- issue. I became very deeply involved on the with the United States, and they have sional power. Chief Justice Marshall legalisms of the doctrine of separation agreed to inspections of their arms fac- has been the author of many doctrines of power 8 years ago when there was a tories and their laboratories. They are which have survived 200 years since he base closing commission where Con- no-notice inspections, where inspectors served as Chief Justice of the Supreme gress delegated authority to a commis- go in and break the locks, inspect, and Court of United States. sion to decide which bases would be take photographs anywhere, anytime, The treatise by Wormuth and closed, and I think they inappropri- anyplace. I believe that has to be the Firmage then goes on to quote Clay, ately closed the Philadelphia Navy format for inspections in Iraq. and they cite this reference: Yard. I studied the subject in some de- I am concerned about the timing of According to Clay, the Constitution re- tail—in fact, argued the matter in the an authorization or declaration of war. quires that Congress appraise the immediate Supreme Court of the United States— I think an authorization for the use of circumstances before the Nation voluntarily so when this issue has arisen, I have force is tantamount or the equivalent enters into a state of war. been concerned about what the Con- to a declaration of war. That author- That is at page 207. The treatise fur- gress is doing. I have studied the issue izes the President to wage war. It is a ther points out, Clay’s argument was and have raised these concerns, which I concern of mine as to whether there is that: want to share with my colleagues. authority for the Congress under the Congress itself cannot make a declaration I am well aware of the argument that Constitution to make this kind of a of a future war dependent upon the occur- it would strengthen the President’s delegation. rence of stipulated facts, because war is an hand to have a very strong vote from The learned treatise written by Pro- enterprise in which all the contemporary cir- cumstances must be weighed. the Congress of the United States, as fessor Francis D. Wormuth, professor he is negotiating in the United Na- of political science at the University of The treatise by Wormuth and tions. Secretary of State Powell is Utah, and Professor Edwin B. Firmage, Firmage goes on to point out that it is: seeking a tougher resolution before in- professor of law at the University of Impossible for Congress to enact governing spections start. The U.N. inspectors Utah, engages in a very comprehensive standards for launching future wars. met with the Iraqi officials and are analysis of this issue. They note it is not possible to au- talking about starting inspections in 2 The background of the issue is that, thorize the President: weeks. Secretary Powell yesterday said when the Constitution and the three To initiate a war in a future international he would like a tougher resolution so branches of Government were formu- environment in which significant details, there are more stringent requirements lated, Article I gave certain authority perhaps even major outlines, change from to be imposed on Iraq before the in- to the Congress. One of the authorities month to month or even from day to day. spections go forward. There are dif- that the Congress has is the authority The posture of international affairs of the fu- ficulties in dealing with the French, to declare war. Article II gave author- ture cannot be known to Congress at the time the resolution is passed. the Russians, and the Chinese. ity to the executive branch, to the There is no doubt that a strong reso- President, and Article III gave author- So we have the generalized declara- lution by Congress supporting the ity to the courts. tion that core congressional functions President would give weight to the The core legislative responsibilities, may not be delegated as a basic re- President’s position. The predictions such as a declaration of war, have been quirement under the constitutional are generalized that the President can viewed as being non-delegable. They separation of powers, and then an ar- expect a very strong vote from the cannot be given to someone else. Pro- ticulation of the reasons as to why this House of Representatives, based on fessors Wormuth and Firmage say at is the law. That is because, as noted in what happened yesterday with the con- the outset of chapter 13, on the delega- the authorities, the circumstances may currence of Speaker HASTERT and Dem- tion of the war power: change in a matter of months or, as ocrat Leader GEPHARDT. The senti- That Congress may not transfer to the ex- noted, even in a matter of days. ments of the Senate may be somewhat ecutive . . . functions for which Congress I am not unaware the Congress is different, perhaps a little more delib- itself has been made responsible. proceeding on a timetable which is erative, but the predictions are that a The treatise further goes on at page likely to eventuate a vote next week, resolution will come from the Senate 70 to point out—and I am leaving out or if not next week, shortly thereafter. backing the President as well. references which are not directly rel- As is well-known, we are in an election I think it is a momentous matter. It evant—but the two professors point out season, with elections on November 5. is one which we need to consider. We at page 70 that: Today is October 3. The closing date of need to consider all of the alternatives The Framers . . . never supposed that a the Congress had originally been set at short of the use of force. We need to state of war could arise except as a result of October 4, which would have been to- consider whether our objectives can be a contemporaneous decision of Congress on morrow, Friday. It has been extended attained without sending American the basis of contemporary known facts. until October 11. Nobody is sure when men and women into battle; without In the Federalist Papers, Hamilton we will adjourn. When asked the ques- exposing Iraqi civilians to casualties; made an observation on this subject, tion as to when the Senate will ad- without undertaking the problems of and it is cited again in the treatise by journ, I say the Senate adjourns when war—the attendant body bags, collat- the two professors noting that Ham- the last Senator stops talking. We do eral damage, and the death of civilians, ilton in the Federalist Papers argued not know precisely when that will be. which is inevitable. We need to find a the system was safe precisely because There is a move to have a vote before way to rid Iraq and the world of Sad- the President would never be able to we leave town. Of course, we could dam Hussein, and have the appropriate

VerDate Sep 04 2002 00:23 Oct 04, 2002 Jkt 019060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G03OC6.026 S03PT1 S9872 CONGRESSIONAL RECORD — SENATE October 3, 2002 assurances that there are not going to years, presided over 265 jury trials, and After September 11, a number of peo- be weapons of mass destruction which written nearly 1,000 legal opinions, 138 ple were concerned about who was get- threaten the United States or our of which have been published. ting into the United States under these neighbors. He is very active in community af- J–1 visas: Are they properly supervised There is a very serious concern as to fairs. He is on the Board of Directors of and properly observed, or is there po- what will happen with neighboring the Boys and Girls Club of Allentown tential for untoward elements that Israel. General Scowcroft, former Na- and the Allentown Police Athletic would come in this way that might tional Security Council, wrote an arti- League. He has been awarded the Meri- seek to do harm to the United States? cle which appeared in the Wall Street torious Service Medal from the Presi- That was an area of concern. We were Journal in August, raising a concern dent of the United States, and the concerned about everyone coming to about an Armageddon, with the possi- Pennsylvania Bar Association’s Special the United States at that point. This bility of a nuclear conflict if Iraq and Achievement Award. was another area where people had Saddam Hussein unleash weapons of We have a practice of trying to ac- deep concerns. mass destruction on Israel, and as to commodate litigants by having various This program, as we have revised it, what the retaliation may be. stations in Pennsylvania: one in Johns- has supervision in place to watch this The consequences are very difficult town, one in Bethlehem and in Lan- program and to meet the needs of to figure out. If we can find a way to caster, and of course we have the dis- States like Kansas where we have sig- get rid of Saddam Hussein; have the as- trict court sitting in Harrisburg, in nificant areas of medically underserved surances that the world will not be Wilkes-Barre, Scranton, and also Wil- populations and at the same time meet subjected to his maniacal impulses and liamsport. Judge Gardner will be han- the security needs of the United States his irrational tendencies, which in- dling the station in Allentown to ac- so we do not allow in an individual who cludes his use already of chemical commodate litigants so that they do seeks to do harm to the rest of the weapons in the Iran war and on his own not have to travel long distances to United States. people, the Kurds; if we can find a way have their cases heard. I worked in the Judiciary Com- to do that short of war, that certainly I yield the floor. mittee. We worked on the Immigration ought to be our objective. I raise this Mr. REID. I ask the Senator from Subcommittee. This bill got through constitutional issue so that my col- Kansas how long he wishes to speak. the House of Representatives. Con- leagues may consider it, as well. Mr. BROWNBACK. I thank the Sen- gressman JERRY MORAN from my State Mr. SPECTER. I ask unanimous con- ator from Nevada. I would like to worked over there. We have met every- sent I may proceed for an additional 5 speak for 15 minutes. I think there are one’s concerns to get this passed minutes on an unrelated subject, the other people who would like to speak, through the needs of States such as my confirmation of Judge James Gardner. as well, own, particularly for rural States be- The PRESIDING OFFICER. Without Mr. REID. We have spoken to the mi- cause this is a chronic issue, with sig- objection, it is so ordered. nority side. Senator BYRD wishes to use nificantly underserved areas, aging CONFIRMATION OF JUDGE JAMES GARDNER his hour postcloture. I ask unanimous population in some counties that need Mr. SPECTER. Mr. President, yester- consent he be allowed to do that begin- more and more services and have more day in what is called wrap-up in the ning at 1:10, following the statement of and more difficulty getting medical Senate, by unanimous consent a Penn- the Senator from Kansas. Postcloture, personnel into the areas. This is work- sylvania judge was confirmed. I had he is entitled to that. I ask he be al- ing under the J–1 category for medical not known that his confirmation was lowed to speak during that postcloture doctors. We are using it for medical imminent, however, I am very glad it on any matter he wishes to talk about. technologists. In the future we will was and I am very glad it was accom- The PRESIDING OFFICER. Without need it for broader categories within plished. I thank the managers, includ- objection, it is so ordered. health care as well, potentially for ing the Senator from Nevada. The Senator from Kansas. physical therapists and nurses, to get I make a comment or two about Mr. BROWNBACK. Mr. President, we adequate personnel in places that are Judge Gardner who was endorsed by are on the judicial reauthorization bill needed. It will be a valuable feature, Senator SANTORUM and me and passed that just received cloture. I was happy looking into the future. our bipartisan nonpolitical nominating to see that taking place. I draw atten- Overall, the judicial reauthorization panel. Senator SANTORUM and I have tion to the body to one particular pro- is a good bill, one that we should pass. maintained the practice which Senator vision that is important. It is J–1 visas. It is significant. We have not had one Heinz and I had many years ago on sub- These visas are granted to people who of these reauthorizations for some pe- mitting applicants to a commission were born in another country, other riod of time. It is certainly the time to which studies them, in addition to re- than the United States, but trained ac- be doing this, to bring this issue for- view by the American Bar Association cording to medical standards in the ward. I commend the chairman and and by the FBI. United States, in passing medical ranking member and those who have Judge Gardner graduated magna cum boards in the United States, and then worked very hard in the conference laude from Yale University, received able to serve throughout the United committee to move this issue forward. his JD degree from Harvard University States. I know the Presiding Officer’s IRAQ Law School, which is obviously an ex- State and my State are dependent on Mr. BROWNBACK. As we look and cellent educational background. He people born in foreign countries being move forward on the issue of Iraq and then joined a big firm in Philadelphia, able to provide medical services in war with Iraq and the potential of pro- Duane, Morris & Heckscher, and later Kansas. viding the President military author- went to Allentown where he became a We have 105 counties and 20 that ization, I hope the body and the Mem- member of the law firm of Gardner, would be medically underserved if not bers and people across the country and Gardner, & Racines. for this feature called J–1 visas for across the world look at the potential He began his career in public service medically underserved counties to have of a post-Saddam Iraq. Former Senator as Solicitor to the Lehigh County medical personnel, as I previously de- Kerrey of Nebraska and I worked, when Treasury and later served as assistant scribed. he was in the Senate, with a group district attorney in Lehigh County. I Within the provision of the judicial called the Iraqi National Congress, an must say that being assistant D.A. is reauthorization bill, it allows for 30 J– umbrella group of opposition leaders, very good training for anything. People 1 visas on a per State, per year basis to to try to bring to the forefront opposi- ask me what is the best job I ever had, work with recruitment of medical per- tion groups, bring them together, and being a Senator or district attorney, sonnel. My State of Kansas is depend- move forward with the track that once and I say the best job I ever had was as- ent on this feature. Twenty of our 105 Saddam is out, moving forward with a sistant district attorney, getting to the counties would be medically under- democracy, with human rights, civil courtroom and trying cases. served if not for J–1 visas. There was a liberties for the people of Iraq. He has been on the Court of Common problem within the old program that I think a lot of times we get caught Pleas of Lehigh County for some 21 the oversight was not sufficient. too much in the downside potential. It

VerDate Sep 04 2002 01:54 Oct 04, 2002 Jkt 019060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G03OC6.028 S03PT1 October 3, 2002 CONGRESSIONAL RECORD — SENATE S9873 is not only whether we can get Saddam mocracy, human rights, religious free- world. It is a big issue for liberty. It is out. It is not only what are going to be dom, pluralism, tolerance, free mar- a big issue, dealing with a very mili- the problems of doing this. Sometimes kets. Then it is going to be able to tant, politicized strain of Islam in that we do not see the upside potential. spread throughout. region, and particularly in Iraq, that There is clear downside potential in As former Secretary Henry Kissinger Saddam Hussein seeks to exploit. You taking on Saddam Hussein, there is no said at a hearing we had last week, he know, he would not view himself asso- question about that—potential loss of views that if we go in and deal with ciated with it, but he is certainly lives of our troops, our people, terrorist Iraq, it is going to have a very positive, working to exploit that at this point in threats, potential loss of life in the re- salutary effect on the war on ter- time. This is an important argument gion, loss of life in Iraq. It is undeni- rorism. It is going to say to a number and discussion for this country and for able. of countries that we are serious about the world. It is also unquestionable and undeni- dealing with terrorists, we are serious Mr. President, I suggest the absence able that Saddam Hussein has killed a that countries that house and support of a quorum. number of people already, gassed his terrorists are our enemies; you are ei- The PRESIDING OFFICER (Mr. ED- own people, attacked Iran, gassed the ther with us or against us in the war on WARDS). The clerk will call the roll. Iranian people. He has continued to terrorism. The assistant legislative clerk pro- rule by fear. He has killed people with- If we do not go at Iraq, our effort in ceeded to call the roll. in his own Cabinet and his own family. the war on terrorism dwindles into an Mr. BYRD. Mr. President, I ask unan- This is a man who is familiar with evil intelligence operation. If we go at Iraq imous consent that the order for the and has exercised it. it says to countries that support ter- quorum call be rescinded. What about after Saddam Hussein? rorists—and there remain six in the The PRESIDING OFFICER. Without What then? You have a country in that world that fit our definition of state- objection, it is so ordered. region that has a history of rudi- sponsored terrorists—you say to those RUSH TO IRAQ RESOLUTION IGNORES mentary democracy. From 1921 until countries that we are serious about UNANSWERED QUESTIONS 1958, they had a constitutional mon- terrorism and we are serious about you Mr. BYRD. Mr. President, Titus archy, where you had a monarch but not supporting terrorism on your own Livius, one of the greatest of Roman you also had a parliament that was soil. This is going to be a big statement historians, said: elected by the people. They had control we will make. All things will be clear and distinct to the over budgets and ministers in the var- It is with a great deal of difficulty man who does not hurry; haste is blind and ious areas of the Cabinet. It is not the and it is with a great deal of cost. But improvident. level of our democracy today, but prob- the option of doing nothing is far worse ‘‘Blind and improvident’’—‘‘Blind and ably the level of the English democ- than the option of doing something and improvident.’’ racy in the mid-1800s. They had a func- acting now. The upside potential of our Congress would be wise to heed those tioning democracy where they elected acting and helping allow the Iraqi peo- words today, for as sure as the Sun people and they had real legitimate au- ple their freedom to be able to move rises in the East, this country is em- thority within that. There is that forward with a democracy is signifi- barking on a course of action with re- basis. cant upside potential, within that re- gard to Iraq that is both blind and im- This is one of the oldest civilizations gion, for liberty and freedom to expand provident. We are rushing into war in the world where Iraq is. They would throughout that area. without fully discussing why, without say this is the cradle of civilization, it We will have this debate on granting thoroughly considering the con- has been there for thousands of years— military authority to the President, sequences, or without making any at- and it has. It is an urban society. which is going to be a significant de- tempt to explore what steps we might Eighty percent of the population are in bate in this body. Hopefully, we will take to avert the conflict. urban areas. It is a well educated popu- look at all the issues, and I think we The newly bellicose mood that per- lace that is there. It is also sitting on will. Particularly, we should look at meates this White House is unfortu- 10 percent of the world’s oil supply. So things such as: Is Saddam Hussein nate—unfortunate—all the more so be- it has the ability to generate enough going to be able to get weapons of mass cause it is clearly motivated by cam- income to rebuild and grow itself. destruction to terrorists and out of the paign politics. Republicans are already My point in saying all of that is that country to attack other people during running attack ads against Democrats post-Saddam, when you get this man, this period of time? on Iraq. Democrats favor fast approval who has brought so much evil to that I hope we will also look at the down- of a resolution so they can change the region of the world and to the rest of side of not doing something and the up- subject to domestic economic prob- the world, out of there, you have the side of helping people pursue freedom lems. basis of a real, growing, healthy, vi- and liberty, such as what has the po- Before risking the lives—I say to brant, democratic, free-market society. tential of taking place in Iraq and pur- you, the people out there who are People are going to be free, and they suing a democracy there. watching through those electronic are going to have liberty, and there is I point out to people who are not fa- lenses—before risking the lives of your going to be great joy there for that miliar with this, Saddam Hussein does sons and daughters, American fighting possibility, and to be able to move for- not control the whole country. He men and women, all Members of Con- ward in a region of the world that has doesn’t control the north of Iraq, the gress—Democrats and Republicans not known much in the way of democ- Kurdish region. It was reported that a alike—must overcome the siren song of racy. number of Kurdish troops who are political polls and focus strictly on the Outside of Israel and Turkey, you there are outside of his control. He has merits and not the politics of this most don’t have democracies in that region sporadic control in the south of the grave, this most serious undertaking— of the world. You don’t have any free- country. He controls it during the day; this most grave, this most serious issue doms. You have a lot of resources, but at other times, he doesn’t. His main that is before us. you have a lot of poverty. That is be- control is in the center, in the Baghdad The resolution—S.J. Res. 46—which cause systems matter, and they have region of the country. This is not a ho- will be before this Senate is not only a had systems that have been totali- mogeneous population, nor is it com- product of haste, it is also a product of tarian in nature. pletely under his authoritarian rule. Presidential hubris. This resolution is Iraq has a history that is different. We will be able to work with popu- breathtaking—breathtaking—in its Until 1958, when there was a military lations in both the north and south to scope. It redefines the nature of de- coup, this was an operating country build pressure on him in the center of fense. It reinterprets the Constitution with many democratic features within this country when we move forward, to suit the will of the executive branch. it. They can build on that. Once that is addressing and dealing with Saddam This Constitution, which I hold in my established in Iraq, you move forward Hussein. hand, is amended without going and press for democracy, and that is It is a big issue. It is a big issue for through the constitutional process of going to infect the entire region for de- the country. It is a big issue for the amending this Constitution.

VerDate Sep 04 2002 00:23 Oct 04, 2002 Jkt 019060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G03OC6.032 S03PT1 S9874 CONGRESSIONAL RECORD — SENATE October 3, 2002 S.J. Res. 46 would give the President ity to call forth the militia to preempt That was James Madison: ‘‘the trust blanket authority to launch a unilat- a perceived threat. And yet the resolu- and the temptation would be too great eral preemptive attack on a sovereign tion which will be before the Senate for any one man.’’ nation that is perceived to be a threat avers that the President ‘‘has author- Mr. President, Congress has a respon- to the United States—a unilateral pre- ity under the Constitution to take ac- sibility to exercise with extreme care emptive attack on a sovereign nation tion in order to deter and prevent acts the power to declare war. A war that is perceived to be a threat to the of international terrorism against the against Iraq will affect thousands—if United States. United States, as Congress recognized not tens of thousands, and even hun- This is an unprecedented and un- in the joint resolution on Authoriza- dreds of thousands—of lives and per- founded interpretation of the Presi- tion for Use of Military Force’’ fol- haps alter the course of history. It will dent’s authority under the Constitu- lowing the September 11 terrorist at- surely affect the balance of power in tion of the United States, not to men- tack. the Middle East. It is not a decision to tion the fact that it stands the charter What a cynical twisting of words. be taken in haste, as we are being of the United Nations on its head. What a cynical twisting of words. The pushed today, as we are being stam- Representative Abraham Lincoln, in reality is Congress, exercising the au- peded today to act in haste. Put it be- a letter to William H. Herndon, stated: thority granted to it under the Con- hind us, they say, before the election. Allow the President to invade a neigh- stitution, granted the President spe- It will surely affect the balance of boring nation whenever he shall deem it nec- cific and limited authority to use force power in the Middle East. It is not a essary to repel an invasion, and you allow against the perpetrators of the Sep- decision to be taken in haste under the him to do so whenever he may choose to say tember 11 attack. Nowhere—nowhere— glare of election-year politics and the he deems it necessary for such purpose—and was there an implied recognition of in- pressure of artificial deadlines. And yet you allow him to make war at pleasure. any observer can see that is exactly, Study to see if you can fix any limit to his herent authority under the Constitu- tion to ‘‘deter and prevent’’ future acts that is precisely what the Senate is power in this respect, after you have given proposing to do—the Senate and the him so much as you propose. If, to-day, he of terrorism. It is not in there. It is not House. should choose to say he thinks it necessary in that Constitution. There is no infer- What a shame. Fie upon the Con- to invade Canada, to prevent the British ence of it. There is no implication of it from invading us, how could you stop him? gress. Fie upon some of the so-called for that purpose. leaders of the Congress for falling into You may say to him, ‘‘I see no probability of Think, for a moment, of the prece- the British invading us’’ but he will say to this pit. you ‘‘be silent; I see it, if you don’t.’’ dent that this resolution will set, not The Senate is rushing to vote on The provision of the Constitution giving just for this President—hear me now, whether to declare war on Iraq without the war-making power to Congress, was dic- you on the other side of the aisle—not pausing to ask why. We don’t have tated, as I understand it, by the following just for this President but for future time to ask why. We don’t have time to reasons. Kings had always been involving Presidents. From this day forward, get the answers to that question: Why? and impoverishing their people in wars, pre- American Presidents will be able to in- Why is war being dealt with not as a tending generally, if not always, that the voke Senate Joint Resolution 45 as jus- good of the people was the object. This, our last resort but as a first resort? Convention understood to be the most op- tification for launching preemptive Why is Congress being pressured to pressive of all Kingly oppressions; and they military strikes against any sovereign act now, as of today, I believe 33 days resolved to so frame the Constitution that nations they perceive to be a threat. before a general election, when a third no one man should hold the power of bring- You better pay attention. You are of the Senate and the entire House of ing this oppression upon us. But your view not always going to have a President of Representatives are in the final, highly destroys the whole matter, and places our your party in the White House. How politicized weeks of election cam- President where kings have always stood. will you feel about it then? paigns? Why? If he could speak to us today, what Other nations will be able to hold up As recently as Tuesday, October 1— would Lincoln say of the Bush doctrine the United States—hold up the USA— this past Tuesday—the President said concerning preemptive strikes? as the model to justify their military he had not yet made up his mind. As In a September 18 report, the Con- adventures. Do you not think, Mr. late as this past Tuesday, he had not gressional Research Service had this to President, that India and Pakistan, yet made up his mind about whether to say about the preemptive use of mili- China and Taiwan, Russia and Georgia, go to war with Iraq. And yet Congress tary force: are closely watching the outcome of is being exhorted, is being importuned, The historical record indicates that the this debate? Do you not think future is being adjured to give the Presi- United States has never, to date, engaged in adversaries will look to this moment to dent open-ended—open-ended—author- a ‘‘preemptive’’ military attack against an- rationalize the use of military force to ity now—give it to him now—to exer- other nation. Nor has the United States ever cise whenever he pleases in the event attacked another nation militarily prior to achieve who knows what ends? Perhaps a case can be made Iraq that he decides to invade Iraq. its first having been attacked or prior to Where are we? Where are our senses? U.S. citizens or interests first having been poses such a clear and immediate dan- attacked, with the singular exception of the ger to the United States that preemp- Why is Congress elbowing past the Spanish-American War. The Spanish-Amer- tive military action is the only way to President to authorize a military cam- ican War is unique in that the principal goal deal with that threat. To be sure, paign that the President may or may of the United States military action was to weapons of mass destruction are a 20th not even decide to pursue? Aren’t we compel Spain to grant Cuba its political century and 21st century horror the getting a little ahead of ourselves? independence. The last U.N. weapons inspectors left Framers of the Constitution had no Iraq in October of 1998. We are con- The Congressional Research Service way of foreseeing. But they did foresee fident that Saddam Hussein retains also noted the Cuban Missile Crisis of the frailty of human nature. And they some stockpiles of chemical and bio- 1962: saw the inherent danger of concen- logical weapons and that he has since . . . represents a threat situation which trating too much power in one indi- embarked on a crash course to build up some may argue had elements more parallel vidual. They saw that. That is why the to those presented by Iraq today—but it was his chemical and biological warfare ca- Framers bestowed on Congress—not resolved without a ‘‘preemptive’’ military pability. Intelligence reports also indi- the President—the power to declare attack by the United States. cate that he is seeking nuclear weap- war. Article I, section 8, of the Constitu- ons but has not yet achieved nuclear tion grants Congress the power to de- As James Madison wrote, in 1793: capability. clare war and to call forth the militia In no part of the Constitution is more wis- It is now October in this year of Our ‘‘to execute the Laws of the Union, dom to be found, than in the clause which Lord 2002. Four years have gone by in suppress Insurrections and repel Inva- confides the question of war or peace to the which neither this administration nor legislature, and not to the executive depart- sions.’’ Nowhere—nowhere—in this ment. Beside the objection to such a mixture the previous one felt compelled to in- Constitution, which I hold in my of heterogeneous powers, the trust and the vade Iraq to protect against the immi- hand—nowhere in the Constitution is it temptation would be too great for any one nent threat of weapons of mass de- written the President has the author- man. . . . struction, until today, until now, until

VerDate Sep 04 2002 01:54 Oct 04, 2002 Jkt 019060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G03OC6.034 S03PT1 October 3, 2002 CONGRESSIONAL RECORD — SENATE S9875 33 days before election day. Now we are make that decision. Why don’t we have biological, or nuclear weapons he being told that we must act imme- time? Why don’t we take time? We might still have. diately. We must put this issue behind make a huge mistake in deciding this Iraq is not Afghanistan, impover- us. We must put this question behind issue in an effort to ‘‘get it behind us.’’ ished by decades of war, internal strife, us. We must act immediately, we are We are not going to get this issue be- tribal conflict, and stifling religious told, before adjournment and before hind us. It is not going to be put behind oppression. Though its military forces the elections. us. are much diminished—and ours are Why the rush? Is it our precious It is here that debate must take somewhat diminished—Iraq has a blood which will spew forth from our place and where the full spectrum of strong central command and much feeble veins? No. Those of you who the public’s desires, concerns, and mis- greater governmental control over its have children, those of you who have givings must be heard. If Senators will forces and its people. It is a large coun- grandchildren, those of you who have have the backbone to speak out, to ask try that has spent years on a wartime great-grandchildren should be think- questions, to demand the answers to footing, and it still has some wealth. ing: It is the precious blood of the men questions, the American people are Nor do I think the Iraqi people would and women who wear the uniform of waiting. They are listening. They want necessarily rise up against Saddam these United States; that blood may answers to their questions. Hussein in the event of a United States flow in the streets of Iraq. I hear no clamor to go to war from invasion, even if there is an undercur- Yes, we had September 11. But we my people. I hear only the telephones rent of support for his overthrow. The must not make the mistake of looking incessantly ringing, saying: Keep ask- Iraqi people have spent decades living at the resolution before us as just an- ing questions. We want to know why. in fear of Saddam Hussein and his net- other offshoot of the war on terror. Stand up for us, Senator. work of informers and security forces. We know who is behind the Sep- It is here that debate must take There has been no positive showing, tember 11 attacks on the United place. We should not allow ourselves to that I know of, in the form of riots or States. We know it was Osama bin be pushed into one course or another in large and active internal opposition Laden and his al-Qaida terrorist net- the face of a full-court publicity press groups, that popular sentiment in Iraq work. We have dealt with al-Qaida and from the White House. We have, rather, supports a governmental overthrow or with the Taliban government that shel- a duty to the Nation and to the sons the installation of a democratic or re- tered it. We have routed them from Af- and daughters of this Nation to care- publican form of government. There is ghanistan. We are continuing to pursue fully examine all possible courses of no tradition of democracy in Iraq’s them in hiding. So where does Iraq action and to consider the long-term long history. There is, however, a nat- enter into the equation? Where? consequences of any decision to act. ural instinct to favor the known over No one in the administration has As to the separation of powers, Jus- the unknown, and in this instance the been able to produce any solid evidence tice Louis Brandeis observed: United States is an unknown factor. linking Iraq to the September 11 at- The President and his Cabinet have tack. Iraq had biological and chemical The doctrine of the separation of powers suggested that this would be a war of was adopted by the Convention of 1787, not to weapons long before September 11. We promote efficiency but to preclude the exer- relatively short duration. If that is knew it then. We helped to give Iraq cise of arbitrary power. true—which I doubt—why would the Iraqi populace rush to welcome the the building blocks for biological weap- No one supports Saddam Hussein. If United States forces? In a few weeks, ons. We know it now. he were to disappear tomorrow, no one Iraq has been an enemy of the United they might have to answer to the rem- would shed a tear around the world, States for more than a decade. If Sad- nants of Saddam Hussein’s security other than possibly tears of thanks- dam Hussein is such an imminent forces. A prudent Iraqi would just put giving. I would not. My handkerchief threat to the United States, why hasn’t his or her head under the bed covers would remain dry. But the principle of he attacked us already? The fact that and not come out until the future be- one government deciding to eliminate Osama bin Laden attacked the United came clear. Who knows, we might be another government, using force to do States does not de facto mean that lucky. We have been pretty lucky thus so, and taking that action in spite of Saddam Hussein is now in a lock-and- far in some of our adventures. We load position and is readying an attack world disapproval is a very disquieting might be. But we might not be lucky. on these United States. Slow down. thing. A United States invasion of Iraq that Where does it end? What nation will Think. Ask questions. Debate. proved successful, and that resulted in be next? I am concerned that it has the In truth, there is nothing in the del- the overthrow of the government, uge of administration rhetoric over effect of destabilizing the world com- would not be a simple effort. The after- Iraq that is of such moment that it munity of nations. I am concerned that math of that effort would require a would preclude the Senate from setting it fosters a climate of suspicion and long-term occupation. its own timetable and taking the time mistrust in U.S. relations with other The President has said he would for a thorough and informed discussion nations. The United States is not a overthrow Saddam Hussein and estab- of this crucial issue. What is the mat- rogue nation given to unilateral action lish a new government that would rec- ter with us? We are the elected rep- in the face of worldwide opprobrium. ognize all interest groups in Iraq. This resentatives. We are the most imme- We are about to change the face of would presumably include the Kurds to diate elected representatives of the the United States, a nation which be- the north and the Shiite Muslims to American people across this land. What lieves in liberty, justice, and human the south because the entire military is wrong with our taking the time to rights. What are we about to change? and security apparatus of Iraq would ask questions? What is it going to be? What is the new have to be replaced. The United States The American people want questions image of the United States going to be? would have to provide interim security asked. It is not unpatriotic to ask That of a bully, ready to draw both throughout the countryside. questions. Why shouldn’t we ask ques- guns and start shooting immediately? This kind of nation building cannot tions? Why do we have to be rushed This is preemptive action, isn’t it? be accomplished with the wave of a into voting on S.J. Res. 46? We should I am concerned about the con- wand by some fairy godmother—even have an informed discussion of this sequences of a United States invasion one with the full might and power of crucial issue. of Iraq. It is difficult to imagine that the world’s last remaining superpower The President is using the Oval Of- Saddam Hussein, who has been ruthless behind her. fice as a bully pulpit to sound the call in gaining power, ruthless in staying in To follow through on the proposal to arms, but it is from Capitol Hill that power, would give up without a fight. outlined by the President would re- such orders must flow. Read the Con- He is a man who has not shirked from quire the commitment of a large num- stitution of the United States. The or- using chemical weapons against his ber of U.S. forces—forces that cannot ders must flow from Capitol Hill, not own people. I fear he would use every- be used for other missions, such as from the Oval Office. thing in his arsenal against an invasion homeland defense—for an extended pe- The people, through their elected force, or against an occupation force, riod of time. It will take time to con- representatives in Congress, must up to and including whatever chemical, firm that Iraq’s programs to develop

VerDate Sep 04 2002 00:23 Oct 04, 2002 Jkt 019060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G03OC6.038 S03PT1 S9876 CONGRESSIONAL RECORD — SENATE October 3, 2002 weapons of mass destruction are well White House? Are we going to revert to Mr. President, I urge restraint. Let and truly destroyed. It will take time the age of the Neanderthals, the cave- us draw back from haste. President to root out all of the elements of Sad- men? Bush gave the United States the open- dam Hussein’s government, military The questions surrounding the wis- ing to deal effectively with the threat and security forces, and to build a new dom of declaring war on Iraq are many, posed by Iraq. The United Nations em- government and security elements. It and they are serious. The answers are braced his exhortation and is working will take time to establish a new and too few and too glib. This is no way to to develop a new and tougher inspec- legitimate government and to conduct embark on war. The Senate must ad- tion regime with firm deadlines and free and fair elections. It will cost bil- dress these questions before acting on swift and sure accountability. Let us lions of dollars—your dollars, the tax- this kind of sweeping use-of-force reso- be convinced that a reinvigorated in- payers of America—to do this as well. lution. We do not need more rhetoric spection regime cannot work before we And the forces to carry out this mis- from the White House War Room. We move to any next step. Let us, if we sion and pay for this mission will come do not need more campaign slogans or must employ force, employ the most from the United States. There can be fundraising letters. We, the American precise and limited use of force nec- little question of that. people need information and informed essary to get the job done. If the rest of the world doesn’t want debate, because it is their sons, it is Let us guard against the perils of to come with us at the outset, it seems their daughters, it is their blood, it is haste, lest the Senate fall prey to the highly unlikely that they would line up their treasure, it is their children, men dangers of taking action that is both for the follow-through, even though and women who are killed in the heat blind and improvident. their own security might be improved of battle. Mr. President, a paraphrase of Jeffer- by the elimination of a rogue nation’s Before rushing to war, we should son would be that the dogs of war are weapons of destruction. focus on those things that pose the too vicious to be unleashed by any one So if the Congress authorizes such a most direct threat to us—those facili- man alone; that the Framers of the mission, we must be prepared for what ties and those weapons that form the Constitution thought the representa- will follow. The Congressional Budget body of Iraq’s weapons of mass destruc- tives of the people in the legislative Office has already made some esti- tion program. The United Nations is branch ought to make these determina- the proper forum to deal with the in- mations regarding the cost of a pos- tions. sible war with Iraq. In a September 30 spection of these facilities and the de- Let us sober up. Let us sober our- report, CBO estimates that the incre- struction of any weapons discovered. selves. Let us take hold of ourselves. If United Nations inspectors can mental costs—the costs that would be Let us move back from this engine of enter the country, inspect those facili- incurred above those budgeted for rou- haste and destruction, this desire to ties, and mark for destruction the ones tine operations—would be between $9 get it over, this desire to get it behind that truly belong to a weapons pro- billion and $13 billion a month, depend- us before the elections. gram, then Iraq can be declawed with- ing on the actual force size deployed. Here we have a resolution, S.J. Res. out unnecessary risk or loss of life. 46, nine pages of beautifully flowered Prosecuting a war would cost between That would be the best answer for Iraq. ‘‘whereases,’’ nine pages. Here we have $6 billion and $9 billion a month. Since That would be the best answer for the a resolution by which the Senate of the the length of the war cannot be pre- United States. That would be the best United States and the House of Rep- dicted, CBO could give no total battle answer for the world. But if Iraq again estimate. After hostilities end, the cost chooses to interfere with such an ongo- resentatives would be abdicating, push- to return U.S. forces to their home ing and admittedly intrusive inspec- ing aside our responsibility to make bases would range between $5 billion tion regime, then, and only then, decisions about going to war. This is an abdication of our respon- and $7 billion, according to the CBO. should the United States, with the sup- sibilities. Here it is; what a shame; And the incremental costs of an occu- port of the world, take stronger meas- pation following combat operations ures. what a rag; it is enough to make those varies from $1 billion to $4 billion a This is what Congress did in 1991 be- eagles up there scream, the eagles be- month. This estimate does not include fore the Persian Gulf war. The United side the clock—for a period that is un- any cost of rebuilding or humanitarian States at that time gave the United limited in time. Hear me, hear me now, assistance. Nations the lead in demanding that listen to this resolution on which we That is a steep price to pay in dol- Iraq withdraw from Kuwait. The U.S. are going to vote. For a period of time lars. But dollars are only a part of the took the time to build a coalition of that is unlimited, the President of the equation. There are many formulas to partners. When Iraq failed to heed the United States is authorized to make calculate costs in the form of dollars, U.N., then and only then did Congress war anywhere he determines is in some but it is much more difficult to cal- authorize the use of force. That is the way linked to the threat posed by culate costs in the form of human order in which the steps to war should Iraq—anytime, anywhere, and in any lives—in the form of deaths on the bat- be taken. way. tlefield and death from the wounds and Everyone wants to protect our Na- Get that. That is what this amounts diseases that flow from the den of bat- tion. Everyone wants to protect our to. This is a blank check, nine pages. A tle. people. To do that in the most effective blank check. A blank check with Iraq may be a weaker nation mili- way possible, we should avail ourselves whereas clauses serving as figleaves. tarily than it was during the Persian of every opportunity to minimize the That is what it is, a blank check with Gulf war, but its leader is no less deter- number of American troops we put at beautifully flowered whereas clauses mined and its weapons are no less le- risk. Seeking, once again, to allow the serving as figleaves. This is a blank thal. During the Persian Gulf war, the United Nations inspecting regime to check. There it is. United States was able to convince peacefully seek and destroy the facili- Look at it, nine pages, a blank check Saddam Hussein that the use of weap- ties and equipment employed in the that does not simply remove us as rep- ons of mass destruction would result in Iraqi weapons of mass destruction pro- resentatives of the people from deci- his being toppled from power. This gram would be the least costly and the sionmaking about the use of force now time around, the object of an invasion most effective way of reducing the risk or the use of force in Iraq. It removes of Iraq is to topple Saddam Hussein, so to our Nation, provided that it is us as representatives of the people he has no reason to exercise restraint. backed up by a credible threat of force from making decisions about the use of Now, we are being told by the White if Iraq, once again, attempts to thwart war so far in the future as we can see. House, let him be assassinated: The the inspections. It removes us. You cannot make any- cost of one bullet would be much less We can take a measured, stepped-up thing outside of it. It is plain. than the cost of a war. Now this Nation approach that would still leave open I know it is obfuscated and it is all is embarking, isn’t it, on a doctrine of the possibility of a ground invasion if sugar-coated with these figleaves of assassination of other leaders of the that, indeed, should become the last re- ‘‘whereases.’’ That means, let’s say in world? Is the ban on assassinations sort and become necessary. But there the year 2014, the Congress will have no being lifted? What do we hear from the is no way to take that step now. role in determining whether military

VerDate Sep 04 2002 01:24 Oct 04, 2002 Jkt 019060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G03OC6.041 S03PT1 October 3, 2002 CONGRESSIONAL RECORD — SENATE S9877 force should be used in some country That sentence could simply say, and West Virginia, Mr. BYRD, said, just a linked with Iraq or some purpose re- it would be legally the same as this moment, read the Constitution. lated to Iraq. The President can send document—hear me—we could say the So before I begin, I thank my friend military forces into war wherever he President is authorized to use the for his remarks. determines, and it may not be the Armed Forces of the United States for Mr. BYRD. Madam President, I President we now have. It undoubtedly as long as he wants, wherever he wants, thank the distinguished Senator from will be another President because this and in any manner he wants, without the great State of California for her goes on into the future, as far as the any approval by Congress, as long as he gracious remarks. I thank her, too, for human eye can see. determines it is necessary to defend what she stands for, for standing up for Under the Constitution, we are abdi- against a threat posed by Iraq, in his the Constitution and for representing cating the congressional power to the own determination. the people of her great State so well, so President of the United States. He can Let me read that again. Let’s dispose consistently, and so effectively. send military forces into war wherever of the 9 pages. All we need is one sen- Mrs. BOXER. Madam President, it he determines it is in some way related tence in order to do exactly what the 9 means a great deal to me that the Sen- to the ‘‘continuing threat’’ posed by pages would do. All that is necessary is ator has said these words. Iraq. This resolution, this power, this the President’s own determination. We One of the most sacred, one of the blank check, does not terminate if the can save a lot of space. We can save a most humbling, one of the most impor- regime is changed in Iraq. This resolu- lot of paper if we want to pass this res- tant—let me say the most important— tion, this power, does not terminate if olution by cutting it down to one sen- roles Congress has to play is deter- inspectors are allowed throughout Iraq. tence, and that sentence could simply mining whether our country should This resolution does not terminate if say—and it would be legally the same send its sons and daughters to war. Iraq is disarmed and all of its weapons as this 9-page document—the President The role of Congress in war and peace and weapons facilities are removed. No. is authorized to use the Armed Serv- must not be ignored. We can read it The power goes on. You better read it— ices of the United States for as long as right out of the Constitution. Article I, read it and weep. he wants, wherever he wants, in any section 8, says the following: The Con- This resolution says that we, the manner he wants, without any ap- gress shall have power to declare war. Congress of the United States, are proval by Congress, as long as he deter- What has made me proud is that the turning over our constitutional respon- mines it is necessary to defend against American people understand this. I be- sibility to the President for as long as a threat posed by Iraq, in his own de- lieve they understand it better than there is some threat as the President termination. Nothing else is needed but some in the administration who start- determines; use whatever military that sentence. ed off in August saying the President forces he wants; wherever he wants to The rest of it is of no legal con- did not have to come to Congress in use them; as long as he determines it is sequence, just window dressing. That is order to go to war with Iraq. To be spe- necessary to react to the threat posed the blank check part of this resolution. cific, on August 26, the Washington by Iraq and those working, no doubt, Let us guard against the perils of Post quoted a senior administration of- with Iraq, others that he can see as haste, lest the Senate fall prey to the ficial who said: their allies. dangers of taking action that is both We don’t want to be in the legal position of Do we want to do that? Do we want blind and improvident. asking Congress to authorize the use of force to abdicate congressional responsi- I yield the floor. when the President already has the full au- bility under the Constitution of the The PRESIDING OFFICER (Mrs. thority. We don’t want, in getting a resolu- United States to this President or any CLINTON). The Senator from California. tion, to have conceded that one was con- President of any political party? Is Mrs. BOXER. Madam President, I ask stitutionally necessary. that what we want? Do we want to be unanimous consent that under the con- It is clear the American people will able to just wash our hands of it and ference report rules I be allowed to not support a war against Iraq without say it is all up to the President; we speak for up to an hour and do it on the the agreement of Congress. According turned it all over to the President? subject of Iraq. to a USA Today-CNN poll, 69 percent of This resolution—it is nine pages— The PRESIDING OFFICER. Is there the American people favored military changes the constitutional presump- objection? Without objection, it is so action with the support of Congress; tion that the Congress makes the de- ordered. only 37 percent favored military action termination about whether to go to IRAQ if Congress opposed the move. It is also war and for the foreseeable future gives Mrs. BOXER. Madam President, I say important to point out that 79 percent it to a single person elected by a mi- to my friend from West Virginia, the of the American people support the use nority of the people. distinguished Senator, a great leader in of force if it were supported by the Ronald Reagan, for example, was the Senate, that he has been a voice of United Nations; only 37 percent favored elected by one-fourth of the eligible sanity and reason. He has been a voice action without United Nations support. voters of this country. So we turn this that the Americans have wanted to This is not a minor point. This ad- momentous power, this unimaginable hear. ministration did not want to come to power, over to one person, the Presi- This is one of the most solemn duties Congress; and then, when it decided to dent of the United States, elected by a we have, and the fact that it was going do so because—frankly, they under- minority of the people. The whereas to be rushed and the fact that it came stood the views of the American peo- clauses are pretty. Oh, they are pretty, right before an election and the fact ple—they sent over a resolution which pretty, pretty, pretty, pretty, pretty, that we have so many unanswered was the most incredible blank check I pretty whereas clauses, but they are questions, those things are weighing on have ever seen. Its provisions basically just window dressing. That is all. They this Senator’s shoulders. I am so said that even if Iraq complied with in- are just figleaves. pleased the Senator from West Vir- spection and dismantlement, the ad- All that is necessary is the Presi- ginia, from his perspective, as someone ministration could still go to war if dent’s own determination. Why do we who has served so well and for so long, Iraq failed to provide documentation, take up all this space? Why do we take was able to speak out as he has. for example, on Kuwaiti POWs or be- up nine pages? Why waste all this I do not know where we will wind up cause of its illicit trade outside the paper? It is nine pages of beautifully on this, but I do know we are going to Oil-for-Food Program. Those issues phrased ‘‘whereases.’’ If we want to have alternatives. I think the fact that certainly need to be addressed. There pass this resolution, we can pass it by we will have alternatives, in many are very few people—I don’t know of cutting it down to one sentence. That ways, is because the Senator from West any—who believe those reasons should is all we need, one sentence. We do not Virginia from day 1—remember the day be enough to send our men and women have to have all of this window dress- 1—when our President did not even and our bombs to Iraq. ing, all this sugar coating, on this bit- want to come to Congress, when his In addition, the original resolution ter pill. One sentence is all we need. staff was saying to the President it was gave the President the authority to use One page is all we need. not necessary, that the Senator from force not only in Iraq but in the entire

VerDate Sep 04 2002 01:24 Oct 04, 2002 Jkt 019060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G03OC6.043 S03PT1 S9878 CONGRESSIONAL RECORD — SENATE October 3, 2002 region. When those in Congress—most- rity is part of that. I believe this ad- Would the United States have to foot ly Democrats but some Republicans, ministration is AWOL in this regard. the entire cost of using force against too—said we needed to deliberate on As we deal with foreign policy chal- Iraq? this important issue, take time to de- lenges, we Democrats will insist we If not, which nations will provide fi- bate it and discuss it and ask ques- deal with domestic challenges, too. nancial support? tions, we were hit by a barrage of criti- And again, let the people decide if they Which nations will provide military cism from the Republican leadership agree with us or not. support? and immediately the issue was made This I will also say clearly: We are What will the cost be to rebuild Iraq? political. told constantly that the President has How long would our troops need to Representative TOM DAVIS, Chairman not decided yet whether he wants to go stay there? of the National Republican Congres- to war with Iraq. We hear it over and Would they be a target for terrorists? sional Committee, said: over. I sit on the Foreign Relations What will the impact be on our fight People are going to want to know before Committee. I am proud to sit on that against terrorism? the election where their representatives committee. I chair the terrorism sub- Will Iraq use chemical or biological stand. committee. Recently, Colin Powell said weapons against our troops? Will Iraq launch chemical or biologi- Now, despite this pressure, I am to us in an open hearing: proud to say my colleagues are not sit- cal weapons against Israel? Of course the President has not made any How will Israel respond? ting back. We are going to fulfill our decision with regard to military action. He’s What impact will that have? obligations under the Constitution. We still hopeful for a political solution, a diplo- matic solution. How will we secure Iraqi chemical are fulfilling our obligations to debate and biological weapons once the fight- Secretary Rumsfeld said: war and peace. We are not allowing ing starts? this administration to ignore our The President’s not made a decision with How do we make sure such weapons views, our opinions, and our heartfelt respect to Iraq. do not get into the hands of terrorists concerns about America’s sons and National Security Adviser Rice said: or terrorist nations? daughters and the innocent victims of The President has not made a decision that How do we make sure that Iraqi war. the use of military force is the best option. weapons experts, from Iraq, do not mi- While there are some in the adminis- Ari Fleischer, the press spokesman, grate to terrorist organizations or ter- tration who believe taking up the Iraq makes that same statement day after rorist states? issue now will hurt Democrats, I am day after day. Have we given enough thought to al- not so sure. I am not so sure the Amer- I ask, if the President hasn’t decided ternatives to avoid war? ican people want us to roll over and be to go to war yet, if the administration Why haven’t we worked with the silent on this. I am not so sure the has not decided to go to war yet, if the United Nations to try Saddam Hussein American people don’t want us to see it military has not been told there is as a war criminal? He is a war crimi- as our duty to check and balance this going to be a war, then why is the nal. administration. Already, because of President coming to Congress now, be- During the Foreign Relations Com- our voices, the resolution offered by fore he has made a somber decision, mittee hearing with Secretary the President has been changed. In my and before he has answered many key Albright, I raised the idea put forward view, it is still a very blank check for questions? by the Carnegie Endowment on coerced war with Iraq. I certainly cannot sup- If our questions could be answered, inspections. Has this or a similar idea port a blank check. I think it is an af- the many questions we have, it would been pursued? front to the people of this country to be one thing. However, I want to say If we are concerned about Saddam do that. Originally, it was an even unequivocally that the myriad of ques- Hussein acquiring weapons of mass de- blanker check, allowing the President tions I have asked have not been an- struction, why are we not fully sup- to go to war anyplace in the region. swered. porting the Nunn-Lugar weapons dis- The role of checks and balances that In good conscience, how can I vote to mantlement program? we play is already evident. I know take our country to war alone, which is I do not doubt that Iraq is up to no that. I also know in the greatest coun- what the President wants from us, good. I know they are. That is why I try on the face of this Earth, in the without allies and without the facts voted for the Iraq Liberation Act. We country that is great because of its that I need to fulfill my responsibil- know that Iraq has biological and middle class and its productivity, in ities to the people of California. chemical weapons and that they used that country, in our country, it is nec- Madam President, you know my them against Iran and against its own essary to not only deal with the issue State very well. We have more than 30 Kurdish minority. We know that fol- of Iraq, to deal with the issue of ter- million people. Out of the 880,000 re- lowing the Persian Gulf war, Iraq rorism, to protect our people when servists in the military, 61,000 are from promised to abide by the demands of they fly in an airplane or walk past a California. I owe them the best deci- the U.N. but failed to live up to its nuclear plant or a chemical plant or sion I can make. Those reservists, as commitment. They have not allowed cross a bridge, it is also important to Senator INOUYE has pointed out, many unfettered inspections. They have lied deal with the impact of this adminis- of them have families. At times you about chemical and biological weapons tration’s economic record: The worse will have a wife and a husband called programs. And they continue to seek stock market decline in 70 years, the up to go into the danger zone. I need the capability to produce nuclear worst economic growth in 50 years, the my questions answered before I could weapons. greatest loss of jobs in the private sec- vote to send this country, alone— I do not doubt that there are some tor in 50 years, and the threat that peo- alone—into battle. members of al-Qaida in Iraq. But there ple feel from retirement insecurity and Here are the questions I have asked is al-Qaida in Syria. There is al-Qaida job insecurity, runaway health care in one forum or another. Here are the in Africa. There is al-Qaida in Pakistan costs, and a falling median income. questions that I either do not have an- and in Afghanistan. There are cells in Now, there are those who say the ad- swers to or the answers I have are in- 60 nations, including the United States ministration is bringing up Iraq now to complete. If we give the President the of America. avoid scrutiny from this volatile and blank check he is asking for, which I The fight against bin Laden and his miserable economy. There have been will not vote for, if we give him the go- organization must not be weakened. I memos that show this to be their strat- it-alone preemptive strike authority, want to quote what the head of our egy. There have been anonymous state- which I will not vote for, then I think Senate Intelligence Committee, Sen- ments to this effect. And whether that those who are considering voting for ator BOB GRAHAM, has to say about is true or not, I leave to the American that ought to ask these questions. I this. You and I know he is not a man of people. I trust the American people to will lay them out. overstatement. He said: look at this. How many U.S. troops would be in- At this point I think Iraq is a primary dis- We must take care of the security of volved? traction from achieving our goals of reduc- the American people. Economic secu- What are the projected casualties? ing the threat of international terrorism.

VerDate Sep 04 2002 01:24 Oct 04, 2002 Jkt 019060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G03OC6.047 S03PT1 October 3, 2002 CONGRESSIONAL RECORD — SENATE S9879 Listen to what Wesley Clark has ment of weapons of mass destruction. It is one thing to go with a coalition. said. He headed our NATO troops. As they said, and I agree, it will not be It is one thing to determine that we Unilateral U.S. action today would disrupt easy. Maybe it will be impossible. But will be part of a multinational force. It the war against al-Qaida. there is no doubt in my mind that we is another thing to do it alone, without Despite statements by staff to the should lay out that path and try for a specific vote of the Congress before contrary, the President appears to complete, unfettered inspections, with the President has decided to do so. As want to go it alone in war when we are nothing off limits, to be followed by I have said, his aides keep telling us he already in a war. According to the dismantlement of those weapons. has not made the decision. So why do President, we are in a war, one that For those who say it will never work, we have to give him a blank check will require all of our wits and lots of maybe they are right. But we have today? If he wants to go it alone, if he our treasure, both in human capital never pulled the massive trigger of our wants to send my people to a place and in tax dollars. weapons on a nation that has not at- where we don’t even know if chemical I do not think it is enough to be crit- tacked us first. At the least—at the or biological weapons will be used, we ical of this blank check resolution the least—we should see if we can exhaust don’t even know what the estimates of President is supporting. I want to say all other options. casualties are, we don’t even know how I would approach this question. That is why I support the chairman what it is going to cost, we don’t even Iraq must be held to its word, as ex- of the Armed Services Committee, Sen- know how long we are going to have to pressed in U.N. resolutions, that it will ator CARL LEVIN, and his resolution stay there, we don’t know what will submit to thorough inspections and that will be introduced. This is what it happen if Israel responds—we don’t dismantlement of weapons of mass de- does: know so many things—I don’t think it No. 1, it urges the United Nations Se- struction, period. is asking too much to ask my col- curity Council to quickly adopt a reso- Let’s repeat that. Iraq must be held leagues to support a resolution by Sen- lution that demands immediate, uncon- to its word that it will submit to thor- ator LEVIN. He said that if he wants to ditional, and unrestricted access for ough inspections, unfettered inspec- go it alone, then the President has to U.N. inspectors so that Iraq’s weapons tions, and dismantlement of weapons of come back. of mass destruction and prohibited mass destruction, period. That is what missiles will be destroyed. In the CARL LEVIN resolution, it is they agreed to. They signed on the dot- No. 2, it urges this new U.N. Security implicit that he must come back if he ted line to do it. And that is what must Council resolution to authorize the use wants to go it alone. CARL LEVIN’s res- happen. Those were United Nations res- of necessary and appropriate force by olution authorizes force as part of the olutions, and we must work for an up- U.N. member states to enforce the res- U.N. enforcement action to dismantle dated resolution ensuring that such un- olution if Iraq refuses to comply. Iraq’s weapons of mass destruction. fettered inspections do take place or No. 3, it reaffirms that, under inter- But again, if the President wants to go there will be consequences. These national law and the U.N. Charter, the it alone, he must come back to us. weapons are a threat to the world, and United States has the inherent right to I believe the people of my State ex- the world must respond. I believe if we self-defense. pect me, on their behalf, to get my handle this right, the world will re- No. 4, it authorizes the use U.S. questions and their questions an- spond. Armed Forces pursuant to the new U.N. swered, not to engage in guesswork, But if our allies believe we have not Security Council resolution that deals and, above all, not to abdicate my re- made the case, if they believe this is a with weapons of mass destruction. sponsibility as a Senator to anyone political issue here, or if they believe it In closing, let me say very clearly else. If our Founders wanted the Presi- is a grudge match here, or if they be- that I will not vote for a blank check dent—or any President—to have the lieve that the whole thing is being ma- for unilateral action. I also will not power to go to war without our con- nipulated for domestic political rea- vote for a resolution that is dressed up sent, they would have said so. But, sons, I believe that will hurt our Na- to look like Congress has powers when, again, this is what our Founders said in tion. I believe that will isolate us. I do in fact, all the words really call for are article I, section 8: Congress shall have not think that is a good path for our consultations and determinations. power to declare war. country. That is when Senator BYRD said Thank you very much, Madam Presi- Can we rule the world with our weap- ‘‘pretty’’ words. He said, ‘‘Pretty, pret- dent. I yield the floor. ons and our guns and our might? I am ty, pretty words.’’ Sounds good—con- I suggest the absence of a quorum. sure we can. I know we can. sultations and determinations. What The PRESIDING OFFICER. The Can we win every military confronta- does it really mean? Nothing. It means clerk will call the roll. tion that anyone could ever imagine? the administration tells us what they The assistant legislative clerk pro- Yes. We can. think. We already know what they ceeded to call the roll. But I believe the greatness of our Na- think. Mr. BOND. Madam President, I ask tion has been built on other things: To me, consultations and determina- unanimous consent the order for the The power of our persuasion, not the tions without a vote by Congress are quorum call be rescinded. power of our arsenal; the power of our like a computer that is not plugged in. The PRESIDING OFFICER. Without ideals, not the power of our threats; It looks good, it looks powerful, it objection, it is so ordered. the power and greatness of our people, looks impressive, but it does nothing. not the power and the greatness of our I didn’t come to the Senate for the WEST COAST PORT CLOSURE machines. title. I didn’t come to the Senate to de- Mr. BOND. Madam President, we America at her best has been seen as bate meaninglessly on the Senate floor. have talked some about our fragile a beacon of hope, not fear; an example I didn’t come to the Senate to do noth- economy and the problems we are fac- not of ‘‘Might makes right,’’ but ing. I didn’t come to the Senate to run ing. Growth, which began slowing in ‘‘Might backing right.’’ What is right away from a hard vote. I came to up- 1999, coupled with the tragic impact of at a time like this? I believe it is lay- hold the duties of my office. I came to September 11, has resulted in hardship ing out a path for peace, not just a represent the people of California. for many. We have seen unemploy- path for war; trying everything we can In the past 4 years, I have voted to ment, reduced value of market securi- to avoid chaos and devastation to our use force twice—once against Milosevic ties, more problems with health care, own and to innocent civilians who may to stop a genocide and once after Sep- and other difficulties. well be used as pawns in urban warfare. tember 11 when we suffered a barbarous There are measures pending in this I believed that Madeleine Albright, attack. But, in this case, if any Presi- body I believe would do a great deal to the former Secretary of State under dent wants to go to war alone or out- help the economy. They are such President Clinton, and Dr. Henry Kis- side the type of coalitions we have things as passing a terrorism risk rein- singer laid out a path for peace when built for the war on terror, or the last surance bill, which could get our build- they spoke before the Foreign Rela- Persian Gulf war, then let him come to ing trades back to work; passing an en- tions Committee. They talked about the American people, through the Con- ergy bill, which has the potential of unfettered inspections and dismantle- gress for another debate and a vote. employing more than three-quarters of

VerDate Sep 04 2002 01:24 Oct 04, 2002 Jkt 019060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G03OC6.050 S03PT1 S9880 CONGRESSIONAL RECORD — SENATE October 3, 2002 a million people, and securing our en- stock their shelves with recreation and retail stores—should cost the economy ergy independence. We have not been travel accessories that they sell. When billions of dollars and intentionally able to work on those. they shut down, their employees are throw people out of work. Frankly, my But now we face a further challenge, out of work. constituents don’t understand the ap- which is a self-inflicted attack on our Another St. Louis company, Donelly proach being taken, which seems to be: economy by our own people; and that is and Associates, manufactures tele- We will tear down everyone we can the contract dispute which has closed communications products. They only until we get our own way. I think it is the West Coast docks, providing a ter- have seven employees, but if they do outrageous. I think these matters rible bottleneck for crucial exports and not get supplies in a week to 10 days, should be resolved immediately. They imports. they will shut down, and those workers should be resolved with the docks open This is the line of commerce: Trade will be laid off. The president of that for business. going out, agricultural products being firm told my office that for every day This is extortion, where the hostages sold; inputs, goods coming into the the supply is disrupted it takes as are ordinary working families, many of United States; and it is shut down by many as 5 days to get it back on line. whom will never earn in any year as this dispute. He told us that the airlines have al- much as the dock workers earn in Many Missouri constituents are ask- ready stopped taking bookings out of three-quarters of a year. If they were ing us what can be done. Retailers are Asia. only hurting themselves, I would ad- asking where their goods are for them Another plant manager from Magnet vise that we stay out of it and have at to be able to make sales and continue LLC in Washington, MO said they are it. But they are dragging everyone else to employ their people. Agricultural unable to get supply, and he predicts with them. Since when is the economic producers, who have meat for export that if this is not resolved, they may leader of the world closed for business? rotting on their docks, are saying be forced to lay off workers in 2 to 3 This is an outrage. something must be done. weeks. They have 375 employees and Here our President and his team are According to the Wall Street Jour- are urgently trying to make product to working vigorously to open foreign nal, goods valued at more than $300 bil- satisfy Christmas demand. markets. We gave them the power. But lion move annually through these There is a story in the Washington why? So labor disputes can have export ports. According to the New York Post this morning about how people in products rot on the docks? We can all Times, these ports handle half the Na- Hawaii are stockpiling goods, and per- have disagreements about whether tion’s imports and exports. Further es- ishable food products are at risk of rot- raising taxes or lowering taxes will timates are that this shutdown could ting on the docks. The retailers are help our economy. I have some strong cost our economy $1 billion per day and trying to get winter and Christmas views on that. People in this body dis- grow further as the shutdown con- goods inventoried. Over 60 percent of agree with me. But one thing we cer- tinues to $2 billion per day. The longer beef exports and 50 percent of pork ex- tainly ought to be able to agree on is it goes, the worse it gets. Regrettably, ports and one quarter of our chicken that a tactic of this nature is bad for the State of Missouri has the highest exports travel through these ports. the economy, bad for working families, unemployment growth rate in the Na- Meat is rotting on the docks. Many and should be resolved yesterday. tion, and we cannot afford economic freezers in the country are at capacity I have asked the President—and sent homicide of this nature. and inventories will become further a letter to him—to use his authority to This affects jobs upstream and down- backed up and prices will be depressed intervene. I hope he will do that. I have stream throughout the entire economy. below levels that are already low. read that some in this body object to It affects truckers and railroad work- Yesterday, according to the Los An- his intervening. I know the President ers and farm workers and retail clerks geles Times, ‘‘picketers tried to pre- has agreed these people should get and consumers and others. These are vent a banana-carrying ship from leav- back to work. He expressed that view real workers who are real people and ing the dock, provoking a confronta- in strong terms and made mediation have real families. They are hurting. tion that brought out police in riot services available. I am not an expert on the specific gear.’’ Working families in my State cannot grievances of these several hundred The Los Angeles Times has another wait. It is a terrible shame it would workers and their unions and the em- story about how ‘‘the labor dispute is come to this. It is a shame that people ployers at the docks, but this major fa- putting a strain on independent truck- haven’t worked this out on their own, cility is nothing to toy with. I don’t ers who move port-related cargo.’’ as they should. But our economy is too care if the grievances are moderate or They quote a truck driver named Jose fragile for self-interested, shortsighted, petty, it is not worth the harm that Louis Martinez who ‘‘doesn’t care and self-inflicted wounds of this na- could be done to thousands of other whether labor or management is to ture. working people and our economy. The blame in the dispute * * * he cared I urge the President to take further parties have to be brought together. only that the wallet he would bring steps to stop this dispute, to get com- One would think that workers report- home to his wife and two daughters merce flowing, and to get people back edly earning $106,000 per year for less would be empty for the third time in to work. Whether it be truckers and than 40 hours a week could resolve the four days.’’ railroad workers in California or retail grievances on the job without hurting There are over 10,000 truckers—the clerks throughout the Nation or agri- other workers in my State who earn majority of them independent—who cultural producers in our heartland or far less. While they sit on their chairs normally make as many as three visits other industrial workers who are mak- at the docks, people around the coun- a day to the ports, according to the ing products for export to the South- try are the ones suffering. This power California Trucking Association. Bur- east Asian market, they are being de- play will have too much collateral lington Northern-Santa Fe said it has nied a livelihood because of a dispute damage to be allowed to continue. suspended shipments of marine con- over bar code readers, something that One company, National Cart Com- tainers to all West Coast ports and is not really that advanced a tech- pany, in St. Charles, MO is a manufac- grain to ports to Washington and Or- nology but is in use every day in stores turer that employs 140 people. They egon. we visit. manufacture material handling equip- I can’t speak to the fairness of the I yield the floor. ment and rely on some components labor negotiations, but I can speak to The PRESIDING OFFICER. The Sen- from Asia. This is the busiest time of the unfairness of a few people being ator from Montana. their year because their customers willing to injure many people to get Mr. BURNS. Madam President, I ask need their products to stock shelves for their own way and to destroy a vital unanimous consent that I may speak Christmas. Unless this is resolved, they sector of our economy. I can’t see how as in morning business for 15 minutes. will be laying off workers in 2 weeks or a dispute about bar code readers—they The PRESIDING OFFICER. Without slightly more. are objecting to bringing in bar code objection, it is so ordered. Another company, TRG, located in readers, things that they use in every Mr. BURNS. Madam President, I St. Louis, with 80 employees, can’t supermarket I have been in, and most thank my good friend from Missouri

VerDate Sep 04 2002 01:24 Oct 04, 2002 Jkt 019060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G03OC6.053 S03PT1 October 3, 2002 CONGRESSIONAL RECORD — SENATE S9881 for his words today because they echo promise. An agreement is necessary, will lead to several weeks, possibly mine. and the President does have the power months, of delay in the movement of Today I sent a letter to the White to impose that agreement. Economic those products to our major ports. House and the President asking him to consequences have the potential to in- Even those who have sold their grain intervene in this slowdown and lock- jure workers, employers, and con- will not be able to deliver against their out, however you want to interpret it, sumers alike. contracts and, more importantly, the of west coast ports. Today, 29 west The crisis is costing the U.S. econ- income from that delivery is needed at coast ports, representing about half of omy up to $1 billion a day and will af- this time of the year. This is the time our Nation’s seaborne commerce, re- fect the economy that is struggling to we make our land payments. This is main closed. Furthermore, we have an- grow. If you can imagine, fruits and the time we pay our taxes. other situation that complicates it. vegetables and other perishables rot- There is another aspect involved. We Weather conditions have temporarily ting at the ports—those coming in, and have spent hundreds of thousands of limited the seaborne and other modes those to be exported. My good inde- dollars in developing the Asian and of commerce on the gulf coast due to pendent trucker friends are sitting other Pacific markets, on which we Hurricane Lili. Our ability to export around just letting their trucks idle, have to compete with our friends in our goods or import our goods is quick- waiting for work. The alternative, such Canada and Australia. We can do that ly becoming paralyzed. as air freight, is limited due to capac- for the simple reason that we have al- The latest attempt at renegotiation ity and also security issues. Auto man- ways been a reliable source. They can between the Pacific Maritime Associa- ufacturers are waiting on parts and count on us not only for volume but tion and the International Longshore components. One manufacturer has an- also quality. We are jeopardizing that and Warehouse Unions has stalled, and nounced closure of its California plant. market development. they have stalled based on protocol and Of course, the retail impact is im- So this is our opportunity, in normal the presence of security personnel. measurable, considering that right now times, to recapture some of those Isn’t that something? While they are all the goods and services are moving major exports that we lost over the arguing that in those negotiations, we for the upcoming holiday season. The last 2 or 3 years. We can do it. The only are just coming through a crop year in west coast labor crisis is no longer thing that is holding us back is this my State of Montana, and already that about ‘‘the rights of workers’’ or ‘‘man- squabbling over salaries of $90,000 to is having an effect on us. I am also a agement negotiating philosophy.’’ It is $140,000, which are triple that of my av- little bit disturbed about the negotia- about American prosperity and pro- erage farmer in Montana. We are able tions on salaries of $110,000 to $140,000 a tecting the principles of commerce for to take advantage and recoup from year; they are on the table also. I want this Nation. years of drought, and it all could be to give you a little comparison on why If this shutdown is allowed to go on lost with our inability to export. we are a little out of kilter here. at the west coast ports, there is no An extended work stoppage or slow- According to the USDA, the average doubt about the impact it will have on down by the west coast port workers, farm operator household income is my State of Montana. It could not who enjoy some of the highest pay $65,000 a year. I don’t like averages. come at a worse time. Because of rates in the country, is already having That is on-farm and off-farm income. I drought, and droughts in other coun- its effect. Our shoes are getting a little don’t like to deal in averages because I tries, and a little bit of a shortage, tight. Grain millers of the world are know there are exceptions to the rule. wheat prices have gone up approxi- coming to the United States for their Averages are like: If you have one foot mately $2 higher than we have had in supply, and they are denied delivery. in a bucket of ice and the other foot in the last 5 years. In 5 years, this is the In my letter to the President, I laid the oven, on average, you ought to feel first time we have had a market—any out that this is no longer a standard pretty good. That doesn’t always work. kind of a market. And 90 percent of labor-management negotiation. It has The average farmer in my State makes what we produce in my State is mar- become the groundwork for a poten- around $30,000 to $40,000 a year. That is keted in huge volumes, and it goes for tially grave economic slowdown that net. And they are forced—after we export. The timing of this price ad- will jeopardize consumer confidence make the investment, put in our la- vance is particularly fortuitous in light and our national commercial infra- bors—they are forced to watch their of the economic effects of a 4-year structure. yearly harvest sit while the longshore- drought along with it. However, the Who says one little group cannot im- men and management squabble about labor crisis has already led to an 8-cent pact an economy that is suffering and salaries that are sometimes two to to 12-cent drop in that market just trying to dig itself out of a 5-year hole? three times the amount of their gross. since Sunday. I hope the President takes note of So I think it is about time that We are feeling the effects in another the letter. I know Senator BOND has President Bush intervene. If the parties way. What about my railroaders? Ear- sent a letter to the White House asking are unable to negotiate a compromise lier this week, Burlington Northern the President to intervene and use the by the end of this week, it is time to and Union Pacific Railroads announced Taft-Hartley law with which to do it. take action before they do too much an embargo on all grain movements to I thank the Chair, and I yield back damage to our national economy, and the west coast of the United States, the remainder of my time. particularly those people who are im- citing overcapacity and lack of stor- The PRESIDING OFFICER (Mr. CAR- pacted by a stalemate at our ports. The age. President can invoke the Taft-Hartley The net effect of those embargoes, PER) The Senator from Wisconsin. Act to resolve this matter. According again, will lead to overcapacity in Mr. FEINGOLD. Mr. President, I ask to law, a Taft-Hartley injunction can grain storage facilities in my State of unanimous consent to speak on a mat- be invoked if ‘‘a threatened or actual Montana. It is harvest time, folks, and ter other than the Department of Jus- strike or lockout affecting an entire this is the first time we have had a tice authorization bill but the time industry, or a substantial part thereof, market, whenever the grain is ready. continue to run under the cloture rule. engaged in trade, commerce, transpor- In other words, it is harvested and The PRESIDING OFFICER. Without tation, transmission, or communica- ready to roll, and it is ready to be objection, it is so ordered. tions among the several States, or with shipped. Furthermore, right behind it, MEMBERS’ PAY RAISE foreign nations, or engaged in the pro- we are less than 30 days away from the Mr. FEINGOLD. Mr. President, I had duction of goods for commerce will, if corn harvest season; that will be in its the opportunity to speak last Thursday permitted to occur or to continue, im- peak. night with regard to the issue of the peril the Nation’s health and safety.’’ Grain car shortages will force farm- possibility of war with Iraq. I am, of What it does, basically, is allow for a ers to find alternative storage capacity course, listening carefully to my col- cooling-off period while workers go or leave their wheat on the ground ex- leagues as they discuss the prospect of back to the ports and commerce is al- posed to the elements. We have seen war. Nothing could be more serious, lowed to continue. It gives the nego- that before. Even if the lockout con- and I am pleased this body will be en- tiators this time to work out a com- cludes this week, the residual impact gaged in this matter in earnest.

VerDate Sep 04 2002 01:24 Oct 04, 2002 Jkt 019060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G03OC6.055 S03PT1 S9882 CONGRESSIONAL RECORD — SENATE October 3, 2002 The public nature of that debate to ensure we have a debate and a vote ness because we are aware of the con- stands, though, in great contrast to an- on the scheduled pay raise. I am will- sequences, and they deserve no less, other matter. While the country is fo- ing to accept a very short time limit, and our constituents and our military cused on whether or not to go to war, understanding the very important busi- deserve no less than that degree of con- Members of Congress will once again be ness we have, 20 minutes equally di- sideration. quietly sidestepping the issue of their vided, even 5 minutes equally divided. When we debate this issue, we will own pay raise, an evasion that is made This will not take long. But the public find there are good arguments on both all the more inappropriate by the very is entitled to a debate and a vote. sides of the issue, and I realize there fact that we may be on the brink of Mr. President, I yield the floor. will be different nuances, so it is not as war. The PRESIDING OFFICER. The Sen- if there are just two sides to the de- The cloakrooms have advised their ator from Nevada. bate. But at the end of the day, we are offices that we are likely to consider Mr. REID. Mr. President, for the ben- going to have the question before us: another continuing resolution this efit of all Members, we expect to have Are we going to authorize the use of week, and there is speculation that we a vote in the next hour, hour and 15 force? are not likely to consider the indi- minutes on the motion to invoke clo- There will be some alternatives be- vidual appropriations bills that remain ture. We hope to have a voice vote on fore us. That debate needs to be based before we adjourn for this year. the conference report that is before the upon the very best information, the I raise this because there is increas- Senate. I, therefore, ask unanimous very best intelligence, the very best ing reason to believe that this body consent that the Senator from Arizona, analysis we can bring to bear, and it may not be able to consider the sched- Mr. KYL, be recognized to speak also has to be based upon a good rela- uled Member pay raise. Current law postcloture for up to 1 hour and he can tionship between the legislative and provides Members with an automatic speak on any subject he desires; fol- the executive branches because in war pay raise without a debate or a vote, a lowing that, the two leaders will be we are all in it together. We have to co- stealth pay raise. The pay raise sched- recognized, Senator LOTT and then operate. We have to support the Com- uled for January 2003 will be about Senator DASCHLE, and then we will pro- mander in Chief. The last thing we would ever do is to $5,000. It follows automatic pay raises ceed to a vote on a cloture motion. in January 2002, January 2001, and Jan- I ask unanimous consent for Senator authorize the Commander in Chief to uary 2000. Altogether these pay raises take action and then not support that KYL, but I am alerting Members, fol- for Members of Congress, four pay action. Our foes abroad, as well as our lowing that, Senators LOTT and raises in the last 4 years, total $18,000. allies abroad, need to know we will be DASCHLE will speak, and then we will The current system of stealth pay united once a decision is made, and we vote on the cloture motion. raises is already inaccessible, and the I ask the Chair to approve my unani- will execute the operation to succeed, current legislative position of the body mous consent request regarding Sen- if it is called for. makes it even more so. We are unlikely I am very disturbed at the way that ator KYL. part of this debate is beginning, and to consider the Treasury-Postal appro- The PRESIDING OFFICER. Without priations bill, which is the traditional that is what I wanted to speak to objection, it is so ordered. vehicle for amendments to stop the today. There has been an effort by Mr. REID. Senator KYL is in the some to broadly paint the administra- Member pay raise, and we may not con- building and will come to speak short- tion as uncooperative in sharing intel- sider other amendable vehicles. ly. After that, the two leaders will ap- Members who favor the scheduled ligence information with the Senate, pear, and we will vote. pay raise should not be comforted by and more specifically the Senate Intel- The PRESIDING OFFICER. The Sen- this. Congress is not going to sneak ligence Committee. ator from Arizona. this by without anyone noticing, nor I have been a member of the Senate Mr. KYL. Mr. President, I thank the will it be lost on the average citizen Intelligence Committee now for almost assistant majority leader for his cour- that Congress is allowing this to hap- 8 years, and I have been involved in the tesy. I wish to address a matter that is pen on what may be the eve of war. middle of a lot of disputes about infor- In his more recent volume on the life not directly related to the conference mation sharing. When we are sharing of Lyndon Johnson, Robert Caro re- report before us, though there is some information about intelligence, those counts similar events early in World indirect relationship to it. I assume I issues are inevitable, just as they are War II. do not have to ask unanimous consent. sometimes with law enforcement. In He writes: The PRESIDING OFFICER. Unani- our democracy, these become very dif- During the war’s very first months, while mous consent has already been grant- ficult decisions because we are a wide an unprepared America—an America unpre- ed. open country. We tend to want to share pared largely because of Congress—was reel- Mr. KYL. I thank the Chair. everything, but we also recognize there ing from defeat after defeat, a bill arrived on USE OF FORCE AGAINST IRAQ have to be a few things we cannot Capitol Hill providing for pensions for civil Mr. KYL. Mr. President, we have share with the enemy, and the lines are service employees. House and Senate amend- really already begun the debate on a ed the bill so that their members would be not always brightly drawn. Sometimes included in it, and rushed it to passage—be- resolution to authorize the use of force the executive branch and the legisla- fore, it was hoped, the public would notice. against Iraq if the President deems it tive branch get into tiffs about what But the public did notice: the National Jun- necessary. Several Members have come information should be shared, what in- ior Chamber of Commerce announced a na- to the Chamber and spoken about the formation cannot be shared. Again, tionwide Bundles for Congress program to issue. We are going to begin that de- reasonable minds can differ about the collect old clothes and discarded shoes for bate formally sometime this evening, I specifics of those issues, but what has destitute legislators. Strict gasoline ration- believe, and it will continue on through arisen is a very unhealthy war of words ing was being imposed on the country; con- Friday, Monday, and then shortly gressmen and senators passed a bill allowing about motives and intentions, and we themselves unlimited gas. The outrage over thereafter we will be voting on this im- need to nip that in the bud today. the pension and gasoline ‘‘grabs’’ was hardly portant resolution. I read a story in the New York Times blunted by a hasty congressional reversal on As with the debate 11 years ago when reporting on a meeting of the Intel- both issues. Quips about Congress became a force was authorized and we repelled ligence Committee, which I attended cottage industry among comedians: ‘‘I never Saddam Hussein’s invasion of Kuwait, yesterday in the secure area where the lack material for my humor column when Members of both bodies discussed the Intelligence Committee meets, under Congress is in session,’’ Will Rogers said. The issue at a level, frankly, that we are strict rules of classification. We were House and the Senate—the Senate of Web- ster, Clay, and Calhoun, the Senate that had unaccustomed to doing. When we are briefed by two of the top officials of the once been the ‘‘Senate Supreme,’’ the pre- making a decision to send our young intelligence community about matters eminent entity of American government— men and women into harm’s way, when of the utmost in terms of importance had sunk in public estimation to a point at we are literally authorizing war, I and secrecy, and yet there is a three- which it was little more than a joke. think a degree of seriousness begins to page story in the New York Times Mr. President, let’s not let history pervade all of our thinking. We address which discusses much of what was dis- repeat itself. I call upon the leadership these issues with the utmost of serious- cussed in that meeting, without ever

VerDate Sep 04 2002 01:24 Oct 04, 2002 Jkt 019060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G03OC6.059 S03PT1 October 3, 2002 CONGRESSIONAL RECORD — SENATE S9883 attributing a single assertion or tion whether the administration was It was presented yesterday. Most of quotation. There is no name used of being cooperative with the Senate in the information had been presented be- anybody who was in that room, and so providing information. fore in a different way. But it was put we do not know exactly who it was who Let me discuss this in detail now. together in one package. went to the New York Times and The central theme is identified in the Leaders of the committee expressed talked about what went on in our first line of the story: their outrage that Director Tenet was meeting. The Central Intelligence Agency has re- not there in person to testify. He was I am not suggesting classified infor- fused to provide Congress a comprehensive with the President at the time. The mation was leaked. I would have to report on its role in a possible American two people who briefed us were very have an analysis done to determine campaign against Iraq, setting off a bitter top officials of the intelligence commu- dispute between the agency and leaders of whether anything in the article was ac- nity who probably knew more on a the Senate Intelligence Committee, congres- firsthand basis what was in the report tually classified information. What was sional leaders said today. even than Director Tenet. Some Mem- discussed was a purported dispute be- Those are Senators—not staff but tween our committee and the executive bers did not want to ask them ques- congressional leaders. Only Senators tions but wanted to wait for Director branch about the release of certain in- were in the meeting. So some Senators formation and the preparation of cer- Tenet to arrive, a pretty petulant atti- said the CIA had refused to provide us tude when we are trying to seriously tain reports. I will get into more detail with a comprehensive report on the about this in a minute. address questions of war and peace. agency’s role in a possible American The information was before us. No Obviously, somebody from the com- campaign, and this set off a bitter dis- mittee, a Member or staff, went com- one questioned the veracity of the in- pute between the CIA and leaders of formation. We had a good hearing in plaining to the New York Times and the Senate Intelligence Committee. discussing the various elements. That spread, therefore, on the pages of this Leaders of the Senate Intelligence was one of the reports. There was com- paper a whole series of allegations Committee would be probably two peo- plaining it should have been earlier, it about motives and intentions of the ple, the chairman and ranking member. should have been done more quickly. Bush administration relating to the Mr. SHELBY, the ranking member, the As pointed out, ordinarily these are the basis for seeking authority to use force Senator from Alabama, will have to kind of reports that usually take a against Iraq, if necessary. This is ex- speak for himself. The chairman is year to put together; it was done in a actly what will undercut the authority Senator GRAHAM from Florida. I sug- matter of 3 weeks. Under the cir- of the President in trying to build a co- gest they need to clarify what their cumstances, the community is to be alition abroad as well as in the United view is with respect to this story. complimented. States, and it is the very people who In the first place, it is not true the The other report requested had to do demand the President achieve that Central Intelligence Agency has re- with the role of the intelligence com- international coalition before we take fused to provide us with the report de- munity in military operations, poten- action who are the most exercised scribed in the story. There were two re- tial military operations against Iraq. about what they perceive to be a slight ports requested. As the article dis- In effect what was being asked, if we from the administration and who, closes, the first report has been pro- take forcible action against Iraq, and therefore, are being quoted in this vided. It was done at breakneck speed. any aspect of the intelligence commu- story. It has to do with Iraq’s capabilities; nity is used in those operations, what I do not know the names, but there is what kind of chemical and biological is it likely to be? What is the likely re- a limited universe of people involved. I weapons does Iraq really possess; how sponse going to be? How effective do am going to go over this article in fine far along is it in developing its nuclear you think it will be? That is what the detail just to illustrate my point. capability; what means of delivery does article means, in the first sentence, One of the sources cited in the story it have; and a host of other questions when it talks about a comprehensive is a congressional official. I will quote that were put to the intelligence com- report on its role in a possible Amer- the entire sentence. munity. It is obviously important for ican campaign against Iraq. One congressional official said that the in- us to have the answers to those ques- The intelligence community, wisely, cident has badly damaged Mr. Tenet’s rela- tions before we take action. has a standard policy against doing tions with Congress, something that Mr. The reality is the information was all analyses of U.S. action that is not Tenet has always worked hard to cultivate. there. It had simply not been put to- overt and tied to military operations. Mr. Tenet is George Tenet, the direc- gether in one report, as the committee We do not know our military plans for tor of the CIA. Sometimes I agree with requested. What we requested was military action against Iraq if it were Mr. Tenet and sometimes I do not something called a national intel- to come. Only the President and a agree with Mr. Tenet, but I believe Mr. ligence estimate. A national intel- handful of people involved in those Tenet has the best interests of the ligence estimate is not requested by plans know what they are. Thank good- United States of America at heart the Congress. A national intelligence ness for that. There is so much leaking when he is working with the President estimate is ordinarily requested by the in this Government—both at the execu- and Congress to present information President or the National Security tive branch level and the legislative and develop the appropriate approach Council, and it is essentially a docu- branch level—it would be folly in the to the use of force, if that is necessary. ment which is supposed to analyze a extreme for operational plans to be dis- My point was this, though: The arti- particular country’s or region’s threat, cussed broadly before an operation be- cle quotes one congressional official. or threat from weapons of mass de- gins or during the operation, for that What is a congressional official? It is struction. It frequently takes a long matter. That is why we do not present either a Member of the Senate or the time, up to a year, perhaps, to prepare. that kind of analysis to anyone. Mem- House of Representatives—though no The purpose for it is to inform both the bers of the Intelligence Committee Representatives were in this meeting; administration and others such as the ought to know that and ought not to it was just a meeting of Senators—or it Congress that would be dealing with feel slighted because it was not pre- is a staff person hired by the Senate. the issues, but it is not intended to be sented to us and because it will not be I find it interesting the article quotes an operational document; that is to presented to us. That kind of informa- a congressional official. say, to be integrated in operational tion would be directly related to the Most of the article quotes congres- military plans. Nevertheless, even plan of attack that the President may sional leaders, Government officials, or though this is not the normal way the eventually approve. lawmakers. Either a Member of the document would be prepared, the agen- We know our leaders get called just Senate or a member of our staff talked cy people worked overtime to produce, before an operation begins and once it to the press about what went on in the in a matter of several days, a very is begun, we begin to get information meeting and did so in order to damage, thorough report. About 100 pages in about how we will conduct the oper- or to call into question, I should say, length was produced in about 3 weeks, ation. But can anyone reasonably be- the relationship between the Senate according to the story, under very lieve the plans of our military and in- and the executive branch, and to ques- tight deadlines. telligence community, in cooperating

VerDate Sep 04 2002 01:24 Oct 04, 2002 Jkt 019060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G03OC6.062 S03PT1 S9884 CONGRESSIONAL RECORD — SENATE October 3, 2002 with some kind of action, should be put adversely influenced by this unfortu- the phony issue of whether or not in a document and released to the Con- nate set of circumstances. We should somebody is providing us information gress, even in classified form? If this decide whether we want to authorize or whether they got it to us soon article is any indication, it would be 1 force and what kind of force is author- enough or whether the head guy came day before it would be in the news- ized based upon the merits of the argu- down to testify as opposed to people di- paper. We cannot do that, putting at ment as we assess them. rectly below him. risk the lives of the men and women we No one here should be led down this As I said, he will be there to testify may send in harm’s way. path that says one of the reasons we tomorrow in any event. This is all a One success in the Afghanistan oper- should not act yet, or that we should smokescreen. It may be useful to some ation was the fact that we were able to deny the administration the authority people who want to find some reason combine good intelligence with mili- is because they have stonewalled us. not to support the President other than tary capability. Without going into a They have not given us information we simply outright opposition to taking lot of detail, everyone appreciates the need before we can make a judgment. military action. I understand that. fact we were able to get assets on the As a member of the Intelligence There seems to be a popular view that ground from whatever source, pro- Committee, that is simply not true. most Americans want to take military viding information to our aircraft, for There are briefings being conducted action and politically people had better example, about very specifically where now—both in an informal way, very get on that bandwagon, so maybe peo- certain targets were. As a result of classified but informally, as well as ple who do not really want to take that having that good intelligence, we were formally—to Members of this body and action have to find some reason, some able to strike at the heart of the the House of Representatives, to an- rationalization, for not doing it. enemy, avoid for the most part civilian swer Members’ questions about Iraqi’s But I really don’t think that is right. casualties, or collateral damage, and capabilities and intentions as we see I think a lot of American people are very quickly overthrow the Taliban them and our assessment of cir- where most of us are. We would prefer government, and rout or capture a lot cumstances. I encourage all Members not to have to take military action. We of the al-Qaida. to get those briefings and to ask any would hope to have a coalition of al- We do not know much publicly about question they can think of asking and lies. We hope there will be some way to the interrelationship between the in- to try to keep it up until the questions avoid this. But at the end of the day, if telligence community and the mili- have been answered. Some perhaps may the President decides it is necessary, tary, but we know they combined ef- not be answered. we are probably willing to go along and forts to make this a successful oper- For the most part, they will learn of authorize the use of force. ation. That is all most Members need the primary reasons the President has There is nothing wrong with taking to know. decided it may be necessary to take the position that at the end of the day We do not need to know in advance of military action against Iraq. What we are not yet ready to make that de- a military operation how the intel- they will not learn, should not learn, cision and therefore not vote to au- ligence community is going to be inte- and for national security purposes can- thorize the use of force. If that is where grated with the military in conducting not learn, is how the intelligence com- Members come down and that is what this campaign, what they are each munity is going to be working with the they in their hearts believe, that is going to do, and what the enemy might military in the campaign should one be what they should say and that is how do in response and so on. authorized. Those are operational plans they should vote. But what they should The article itself alludes to this when that only the President and his mili- not do is try to latch onto an artificial it talks about the ordinary purpose of tary and small group of advisers can be reason for saying no, predicated upon a national intelligence estimate. But aware of before there is military action some perceived slight by the Director intelligence officials say a national in- begun. of the CIA or failure to provide infor- telligence estimate is designed to as- There is other information in this mation quickly enough or in exactly sess the policies of foreign countries, news story that is inaccurate, in sug- the form they wanted it or most cer- not those of the United States. I quote: gesting that there has been this huge tainly on the grounds that the intel- ‘‘They were asking for an assessment of tug of war between the committee and ligence community has not provided U.S. policy, and that falls outside the realm the CIA about getting information. In the kind of information about oper- of the NIE and gets into the purview of the my own personal view, a lot of it has to ations of the intelligence community Commander and Chief,’’ an intelligence offi- do with lack of communication, lack of that they would like to get. That infor- cial said. clear specificity about what was re- mation should not be provided, and no- That is correct. So there was a mis- quested. I remember when the original body should base a decision here on the understanding of what a national intel- request was made, it was a rather rou- failure to obtain that information. ligence estimate was, on the first part; tine kind of request, certainly not the Let me just speak a little bit more second, the request for the information big deal that some members of the broadly. I will ask unanimous consent went far beyond what the administra- committee are trying to turn it into. that at the conclusion of my remarks tion should have been asked to provide Information was given orally about this particular article be printed in the and what it could provide. Yet Mem- when it would be provided to us, and RECORD. bers of the committee were indignant information was given orally about the The PRESIDING OFFICER. Without that the administration had stiffed the fact that the military operations could objection, it is so ordered. committee, had stonewalled, had re- not be discussed. Yet members of the (See exhibit 1.) fused to provide this information. committee seemed to be pretty upset Mr. KYL. A lot of people are ap- We have to engage in a serious debate about the fact that we had not gotten proaching this issue on the basis that about a very serious subject in a rel- a formal letter from George Tenet lay- there has to be some demonstration atively objective way. We all bring our ing this all out. that, in the relatively near future, Sad- biases and prejudices to the debate. The members of the Intelligence dam Hussein is going to use a weapon But one thing that should be clear to Committee who were there apologized of mass destruction against us or else all of us is that the thing that is para- and said: If we had thought a formal this is not the time that we should mount is the security of American letter was necessary or we could have take military action against him. That military forces in the conduct of an op- gotten it to you sooner and didn’t do is a rational position to take, in a way. eration. And that cannot be jeopard- that, we are sorry about that. But here If you do not think that there is a real ized by either the inadvertent or ad- are the facts. You wanted to know threat or that it is imminent, you vertent leak of material that pertains what the facts are, and here are the could reach the conclusion that we directly to those military operations. facts. should not engage in war, or at least What was being requested here was So I do not think we should be dis- ought to be continuing to try to engage wrong. And the administration was suaded from basing a decision on the in diplomacy or whatever. right to say: I’m sorry, we cannot give merits of the case, one way or the But there is another side to the coin. that to you. The debate should not be other, however we decide to vote, on It is the way the President has chosen

VerDate Sep 04 2002 01:24 Oct 04, 2002 Jkt 019060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G03OC6.064 S03PT1 October 3, 2002 CONGRESSIONAL RECORD — SENATE S9885 to look at it. I think, because he has trait of Americans. But the President that can cause massive amounts of cas- chosen to look at it this way, he will here is saying be patient. So far, I have ualties; that he has been working to go down in history as a very prescient been very impressed that the American acquire a nuclear weapon. leader. people have been very patient. What All of this is in open, public debate. Noemie Emery, who is a fine writer, the President has perceived, that not And there is no doubt about any of it. in an article in a periodical a week ago, everybody has perceived, is that this is The only doubt with respect to nuclear observed that most Presidents have a struggle that has been going on for weapons is exactly where he is in the had to fight a war but only two Presi- some time and it is going to continue process. Of course, we don’t know be- dents have had to perceive a war. in that same vein for as far out as we cause he hasn’t allowed us to inspect Harry Truman perceived the cold war. can see, unless we defeat terrorism. the places in his country where we be- He instinctively knew at the end of So the wrong question to be asking lieve he is trying to produce these nu- World War II, when the Soviet Union at this time is: Can you prove that clear weapons or, more specifically, the was beginning to assert its power in re- there is an imminent threat to the enriched uranium that would be a part gions of southern Europe, for example, United States as a result of which we of the weapons. and elsewhere, that it was important have to take military action against For 4 years now, we have had no in- for the United States and other West- Iraq? That is the wrong question. spectors in the country, and before ern allies to stand and say no to the There are many fronts in this war on that most of the information that we further expansion of the Soviet Union terror, from Lackawanna in New York got was based upon information from and communism, even though that was where we get the six people who we defectors—people who came out of Iraq going to mean a longtime confronta- think were connected to terrorism, to and told us: You guys are missing what tion with the Soviet Union which Tora Bora, Afghanistan, where we had Saddam Hussein is doing. This is where might even escalate into a hot war. to rout out members of al-Qaida; to you need to look. This is what you The Marshall plan to assist countries Pakistan, where we are fighting rem- need to look for. in southern Europe was a part of that nants of al-Qaida; to places such as When our inspectors then demanded perception, and we are well aware of all Yemen and Sudan and Somalia and the to go to those places, one of three the other events that followed that. He Philippines and Malaysia; Hamburg, things happened. Either they said, no, perceived the need to stand and thwart Germany, where we have had to roll up you can’t go there; that is a Presi- the continued aggression of an evil al-Qaida operatives; and then other dential palace or whatever it is, or power, and we are grateful to him for places in the Middle East where there they went there and as they were walk- that. is terrorism going on every day and ing in the front door satellite photos Emery said the other President to when there are people such as Saddam showed people running out of the perceive a war is George W. Bush. Of Hussein building weapons of mass ter- backdoors with the stuff, or in the cou- course, September 11, you can say, ple of cases we actually did find evi- ror who would not be doing that, would made that easy. But I submit it is not dence of these weapons of mass de- not be spending the resources and try- necessarily that easy. Over time, peo- struction. Of course, at that point, ing to hide them, simply to play some ple will begin to wonder whether our Saddam Hussein said: Oh, that’s right. kind of game. They are obviously seri- commitment to a war on terror is real- I forgot about that. But whatever the ous people with evil intentions. I think ly all that important if there are not defector said, that is all there is. further attacks. If we go another sev- everybody concedes that. So he was confirming exactly what Then the question becomes: Why eral months, hopefully even a year or we already knew and gave us nothing should you put the burden on the Presi- two, without a major terrorist attack more than that. Yet there are those dent to prove that at a particular time on the United States, will the Amer- who believe through some kind of new Saddam Hussein is going to strike the ican people continue to believe that inspection process that we are going to this is a war worth fighting? Or was it United States in order to conclude that learn more than we did before; that a one-time-only proposition? we have to do something about him? It this will be an adequate substitute for George W. Bush perceived the need to is the same kind of thinking as in the going in and finding these weapons of conduct a war on terror because he un- late 1930s, that, in retrospect, we look mass destruction in an unrestricted derstood that from a historical point of back on and say: Anybody could have way. view, over the course of the last dozen realized that Hitler was somebody who Saddam Hussein first said, You can or 15 years, there had been a whole se- had to be stopped. Why did Neville have total access with no conditions, ries of attacks against the United Chamberlain act so foolishly when he and he immediately began tying on States or our interests, and when we in came back from Munich and said, conditions, the basis of which are Congress Monday morning quarterback ‘‘Peace in our time’’? laughable. You can’t go into the Presi- the FBI and CIA and say, ‘‘You failed I submit there are people today who dential palaces. They are grounds or to connect the dots,’’ I wonder what are hoping against hope that Saddam areas with 1,000 buildings the size of those same people say about President Hussein will never use these weapons, the District of Columbia. We are going Bush’s understanding of the history weapons that are far greater than any- to send three inspectors in there? OK. leading up to September 11. He is con- thing Adolph Hitler ever had in terms There is the District of Columbia with necting the dots between the Khobar of their potential for destruction and all the buildings, and so on. Have at it. Towers and the Cole bombing and the death. I just wonder whether there are We are not going to find anything. embassy bombings in Africa. You can people who really believe we should We are going to be running around for even go back further than that, bring- wait until something specific and ob- years. So inspections are merely a ing it on forward all the way up to Sep- jective happens before we have a right means to an end. They are not the end. tember 11. Does an event have to occur to act, or whether preventative action The goal here is not to have inspec- every 6 months for us to believe this is is called for. Some call it preemption; tions. The goal is disarmament. And we really a war worth stopping or worth some call it prevention. But the idea is know from intelligence that he has cer- winning and bringing to conclusion? I that with war on terrorism you tain things he has not disarmed; that do not think so. shouldn’t have to wait until you are at- he hasn’t done what he promised to I think the President, when he said tacked to respond. That creates too do—both to the United States and the to the American people, we are going many deaths, too much misery, and is United Nations; that he hasn’t com- to have to be patient in this war, un- unthinkable after September 11. plied with the United Nations resolu- derstood that we would have to be pa- The President, based upon good intel- tions. In fact, we see his violation of tient, that it could take a long time. I ligence, has concluded that Saddam those resolutions almost every day. We have been very gratified at the re- Hussein has a very large stock of very don’t have inspectors in there anymore sponse of the American people in not lethal weapons of mass destruction. By who he was harassing and precluding being as impatient as we usually are as that, we mean chemical agents and bio- from doing their job. a people. logical agents which have been or can But we do have aircraft flying in the Americans love to get in, get the job be ‘‘weaponized’’; that is to say, there no-fly zones and having American pi- done, and move on. That is a great are means of delivering those agents lots and British pilots shot at every

VerDate Sep 04 2002 02:42 Oct 04, 2002 Jkt 019060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G03OC6.067 S03PT1 S9886 CONGRESSIONAL RECORD — SENATE October 3, 2002 month, necessitating our taking those EXHIBIT 1 Tenet has promised to testify about the mat- SAM sites and radar sites out of action [From the New York Times, Oct. 3, 2002] ter in another classified hearing on Friday, officials said. by military force. So, in a sense, this is C.I.A. REJECTS REQUEST FOR REPORT ON One Congressional official said that the in- PREPARATIONS FOR WAR IN IRAQ unfinished business from the gulf war cident has badly damaged Mr. Tenet’s rela- which has never stopped. At a low level (By James Risen) tions with Congress, something that Mr. we have been trying to enforce the res- WASHINGTON, October 2.—The Central In- Tenet had always worked hard to cultivate. olutions ever since the end of the gulf telligence Agency has refused to provide ‘‘I hope we aren’t seeing some schoolyard war. Our effort to rid many of these Congress a comprehensive report on its role level of petulance,’’ by the C.I.A., the official in a possible American campaign against said. weapons of mass destruction is but the While the House and Senate intelligence latest chapter. Iraq, setting off a bitter dispute between the agency and leaders of the Senate Intel- oversight committee have received classified We made the decision in 1998 that ligence Committee, Congressional leaders information about planned covert operations Saddam Hussein had to go. We voted on said today. against Iraq, the C.I.A. has not told law- makers how the agency and the Bush admin- a resolution here, and everybody was In a contentious, closed-door Senate hear- ing today, agency officials refused to comply istration see those operations fitting into for it in 1998. If it was the right thing with a request from the committee for a the larger war on Iraq, or the global war on to do then, why is it no longer nec- broad review of how the intelligence commu- terrorism, Congressional officials said. essarily the right thing to do? He has nity’s clandestine role against the govern- ‘‘What they haven’t told us is how does the had 4 more years to develop these ment of Saddam Hussein would be coordi- intelligence piece fit into the larger offen- nated with the diplomatic and military ac- sive against Iraq, or how do these extra de- weapons and to get closer to a nuclear mands on our intelligence capabilities affect capability. tions that the Bush administration is plan- ning. our commitment to the war on terrorism in We now have a group of terrorists in Lawmakers said they were further in- Afghanistan,’’ said one official. the world who we know talk to each censed because the director of central intel- Congressional leaders complained that ligence, George J. Tenet, who had been ex- they have been left in the dark on how the other, help each other, and give each intelligence community will be used just as other safe passage and access and pected to testify about the Iraq report, did not appear at the classified hearing. A senior they are about to debate a resolution to sup- places for training, and so on. We are intelligence official said Mr. Tenet was port war with Iraq. Congressional leaders said the decision to developing information on connections meeting with President Bush. Instead, the fight the Congressional request may stem with these terrorists and the State of agency was represented by the deputy direc- from a fear of exposing divisions within the tor, John McLaughlin, and Robert Walpole, Iraq. All of this has happened in the intelligence community over the administra- the national intelligence officer for strategic meantime. But now, suddenly, it is not tion’s Iraq strategy, perhaps including a de- the time. and nuclear programs. bate between the agency and the Pentagon The agency rejected the committee’s re- over the military’s role in intelligence oper- If we establish too high a burden of quest for a report. After the rejection, Con- ations in Iraq. proof here we are going to be fiddling gressional leaders accused the administra- Defense Secretary Donald H. Rumsfeld has until we become absolutely sure it is tion of not providing the information out of been moving to strengthen his control over time, and then it will be too late. That fear of revealing divisions among the State the military’s intelligence apparatus, poten- Department, C.I.A., Pentagon and other tially setting up a turf war for dominance is why I believe the President is on the agencies over the Bush administration’s Iraq right track to say we don’t know ex- among American intelligence officials. Mr. strategy. Rumsfeld has also been pushing to expand actly when, where, or how but we know Government officials said that the agen- the role of American Special Operations that this is a man who has very evil in- cy’s response also strongly suggested that Forces into covert operations, including ac- tentions and is working very hard to be Mr. Bush had already made important deci- tivities that have traditionally been the pre- able to strike at us. We can’t let it hap- sions on how to use the C.I.A. in a potential serve of the C.I.A. pen. We can’t wait until he has hit us war with Iraq. One senior government offi- Congressional leaders asked for the report cial said it appeared that the C.I.A. did not to get him. in July, and expressed particular discontent want to issue an assessment of the Bush that the C.I.A. did not respond for two For those reasons, and a variety of strategy that might appear to be ‘‘second- months. Lawmakers had asked that the re- others that I will be talking about, I guessing’’ of the president’s plans. port be provided in the form of a national in- The dispute was the latest of several con- telligence estimate, a formal document that believe it is important for us to go into frontations between the C.I.A. and Congress this debate with a view towards sup- is supposed to provide a consensus judgment over access to information about a range of by the several intelligence agencies. porting the President, and the action domestic and foreign policy matters. Just The committee wanted to see whether ana- that he has called for publicly and in last week, lawyers for the General Account- lysts at different agencies, including the the resolution that he has negotiated ing Office and Vice President Dick Cheney C.I.A., the Defense Intelligence Agency, the with congressional leaders and which argued in federal court over whether the National Security Agency and the State De- has been placed on the floor. White House must turn over confidential in- partment, have sharply differing views about formation on the energy policy task force the proper role of the intelligence commu- I believe at the end of the day we will that Mr. Cheney headed last year. nity in Iraq. conclude that the President should be The C.I.A.’s rejection of the Congressional But intelligence officials say that a na- supported and that we should authorize request, which some lawmakers contend was tional intelligence estimate is designed to the use of force, and that we will have heavily influenced by the White House, assess the policies of foreign countries—not comes as relations between the agency and intelligence satisfactory for all of us to those of the United States. ‘‘They were ask- Congress have badly deteriorated. The rela- ing for an assessment of U.S. policy, and back up this resolution. And the final tions have soured over the ongoing inves- that falls outside the realm of the N.I.E., and point—going back to the original point tigation by a joint House-Senate inquiry— it gets into the purview of the commander in of my conversation today—that it is a composed of members of the Senate and chief,’’ an intelligence official said. phony issue to somehow demand that House intelligence committees—into the Committee members have also expressed the intelligence community provide us missed signals before the Sept. 11 attacks. anger that the C.I.A. refused to fully comply Mr. Tenet in particular has been a target with information to which we haven’t with a separate request for another national of lawmakers. Last Friday, Mr. Tenet, a intelligence estimate, one that would have been given access. We have gotten all former Senate staffer himself, wrote a scath- provided an overview of the intelligence that we need to have access to. Our ing letter to the leaders of the joint Congres- community’s latest assessment on Iraq. In- Members have asked for that informa- sional inquiry, denouncing the panel for stead, the C.I.A. provided a narrower report, tion, and they can get it. The only in- writing a briefing paper that questioned the dealing specifically with Iraq’s program to formation that they can’t get is infor- honesty of a senior C.I.A. official before he develop weapons of mass destruction. mation that should not be provided even testified. Lawmakers said that Mr. Tenet had as- A senior intelligence official said Mr. Te- sured the committee in early September anybody, including you, Mr. President, net’s absence at the hearing today was un- that intelligence officials were in the midst myself, and the distinguished minority avoidable, and that no slight was intended. of producing an updated national intel- leader who now joins us on the floor. The official said that he missed the hearing ligence estimate on Iraq, and that the com- because he was at the White House with Mr. I will have more to say later. I know mittee would receive it as soon as it was Bush, helping to brief other Congressional completed. the minority leader has some things he leaders Iraq. The official said Mr. Tenet had Instead, the Senate panel received the na- would like to say. At this point, I yield advised the committee staff several days ago tional intelligence estimate on Iraq’s weap- the floor. that he would not be able to attend. Mr. ons of mass destruction program after 10

VerDate Sep 04 2002 01:24 Oct 04, 2002 Jkt 019060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G03OC6.069 S03PT1 October 3, 2002 CONGRESSIONAL RECORD — SENATE S9887 p.m. on Tuesday night, too late for members fused to proceed to vote on final pas- trolled the Senate the Republican ma- to read it before Wednesday’s hearing. sage of the conference report. All jority was willing to add only eight The committee had ‘‘set out an explicit set Democrats were prepared to pass the judgeships to be appointed by a Demo- of requests’’ for what was to be included in conference report last Thursday and cratic President, and most of them the Iraq national intelligence estimate, said one official. Those requirements were not then agreed to vote immediately, after were in Texas and Arizona, states with met. ‘‘We wanted to know what the intel- limited debate earlier this week. Given two Republican Senators. ligence community’s assessment of the effect the objection by the other side, how- We have, on the other hand, pro- on a war in Iraq on neighboring states, and ever, to proceed to a vote or agree to a ceeded at our earliest opportunity to they did not answer that question,’’ the offi- time agreement, the majority leader increase federal judgeships where most cial said. was required to file cloture on this con- needed by 20 to be appointed by a Re- A senior intelligence official said the 100- ference report. publican President who has shown lit- page report on Iraq’s weapons of mass de- I do not understand why anyone tle interest in working with Democrats struction program was completed in three weeks under very tight Congressional dead- would filibuster this conference report. in the Senate, and we have included a lines, and the writing had to be coordinated This legislation is truly bipartisan. It number of jurisdictions with Demo- with several agencies. passed the House 400 to 4. crats Senators. The PRESIDING OFFICER. The mi- The conference report was signed by I also commend the senior senator nority leader. every conferee, Republican or Demo- from California for her leadership on Mr. LOTT. Mr. President, I believe in crat, including Senator HATCH and Rep- the ‘‘James Guelff and Chris McCurley just a moment the Senate will be ready resentatives SENSENBRENNER, HYDE, Body Armor Act,’’ the State Criminal to move to completion on the Depart- and LAMAR SMITH. Alien Assistant Program reauthoriza- I thank Senator HUTCHISON for com- ment of Justice authorization con- tion, and the many anti-drug abuse ing to the floor on Tuesday to support ference report. provisions included in this conference this conference report. Senator report. Mr. President, I say to Senator KYL HUTCHISON has spoken to me many She spoke eloquently on the floor of from Arizona, who has been speaking times about the need for more judge- the Senate regarding many of the im- for the last several minutes, that I ap- ships along the Texas border with Mex- portant provisions she has championed preciate his speech and his very effec- ico to handle immigration and crimi- in this process. tive and diligent work. He cares an nal cases. This conference report will strength- awful lot about national security, The conference report includes three en our Justice Department and the about our defense capability, and about new judgeships in the conference report FBI, increase our preparedness against our intelligence communities, and his for Texas, one more than was included terrorist attacks, prevent crime and position on what we need to do in Iraq. in the bill reported to the Senate by drug abuse, improve our intellectual It is not easy being a member of the In- the Senate Judiciary Committee and property and antitrust laws, strength- telligence Committee sometimes. It passed by the Senate last December. en and protect our judiciary, and offer takes a lot of extra meetings, a lot of I thank Senator SESSIONS for his our children a safe place to go after briefings, and an awful lot that you statement on Tuesday in support of school. can’t talk about. For a Member of the this bipartisan conference report. This conference report is the product Senate, that is tough. But Senator KYL Although he opposes Senator HATCH’s of years of bipartisan work. The con- certainly does a good job in that effort. legislation regarding automobile dealer ference report was unanimous. By my ORDER OF PROCEDURE arbitration, which enjoys more than 60 count, the conference report includes Mr. REID. Mr. President, this unani- Senate cosponsors and 200 House co- significant portions of at least 25 legis- mous consent has been cleared by both sponsors and was included in the con- lative initiatives. leaders. I ask unanimous consent that ference report, Senator SESSIONS is I urge my colleagues to support final the yeas and nays be vitiated and that supporting this conference report be- passage of this conference report so the conference report be adopted, with- cause it will improve the Department that all of this bipartisan work and all out intervening action, motion, or de- of Justice and support local law en- the good that this legislation might is bate; that the motion to reconsider be forcement agencies across the nation. I not flushed down the drain. laid upon the table; that following appreciate Senator SESSIONS’ work on Over the past 2 days of debate, I have adoption of the conference report, the provisions in the conference report heard only a few Members raise objec- there be a period of morning business on the Paul Coverdell Forensic tions to passage of the Department of until 4:20 p.m.; that the time until 4:20 Sciences Improvement Grants and the Justice Authorization Conference Re- be divided between the majority and Centers for Domestic Preparedness in port. I thank these Members for com- minority leaders, and that Senator Alabama and other States. ing to the floor to discuss their views DASCHLE have the last period of time to I thank Senator FEINSTEIN for her ex- and concerns so that they may be ad- speak; that without any intervening cellent speech earlier this week in sup- dressed. I should note that even in pos- action or debate, at 4:20, the Senate port of this conference report. Senator ing an objection to and delaying pas- proceed to vote on the motion to in- FEINSTEIN has been a tireless advocate sage of the conference report—as is voke cloture on the motion to proceed for the needs of California, including their rights as Senators—these Mem- to S.J. Res. 45. the needs of the federal judiciary along bers acknowledged that there were The PRESIDING OFFICER. Is there the southern border. She has led the ef- parts of this bill they liked or may like objection? fort to increase judicial and law en- upon review. Without objection, it is so ordered. forcement resources along our south- I appreciate that not all Members The conference report was agreed to. ern border. I am proud to have served were or could be conferees and partici- Mr. LEAHY. Mr. President, I com- as the chair of the House-Senate con- pate in the conference, but I do hope mend the majority leader for filing clo- ference committee that unanimously that after they have had a full oppor- ture on the bipartisan 21st Century De- reported a bill that includes five judge- tunity to study the conference report partment of Justice Authorization Act ships for the Southern District of Cali- passed last week in the House by a vote conference report. I regret that consid- fornia. Long overdue relief for the of 400 to 4, that they will find that on eration and a vote on final passage on Southern District of California could the whole this is a good, solid piece of this important measure has been de- be on the way once this conference re- legislation. Senator HATCH worked layed. I had hoped this measure would port is adopted. very hard to help construct a good, fair have been considered and passed by the Of course, our bipartisanship is evi- and balanced conference report as did Senate last week, following House pas- denced by our included authorization all of the conferees. We all owe him sage by a vote of 400 to 4 last Thursday. for additional judgeships not only in thanks for his attention to this matter Unfortunately, Members from the California but in Texas, Arizona, New and his work. other side of the aisle threatened oppo- Mexico, Ohio, North Carolina, Illinois This legislation is neither com- sition to the motion to proceed to the and Florida, as well. In essence, in the plicated nor controversial. It passed conference report and they have re- six and one-half years that they con- the House 400 to 4 in short order. It was

VerDate Sep 04 2002 01:24 Oct 04, 2002 Jkt 019060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\A03OC6.010 S03PT1 S9888 CONGRESSIONAL RECORD — SENATE October 3, 2002 signed by every conferee, Republican or that bans terrorist financing, but with- Democrats on the Senate Judiciary Democrat, including Senator HATCH out this technical, noncontroversial Committee we unanimously reported and Representatives SENSENBRENNER, change, the provision may not be usa- the FBI Reform Act more than six HYDE, and LAMAR SMITH. Senators SES- ble. This law is vital in stopping the months ago only to stymied on our bi- SIONS and HUTCHISON came to the floor flow of money to terrorists. Worse yet, partisan efforts by an anonymous Re- to support it. I did not think there was at a time when the President is going publican hold. a need for extensive debate in the Sen- before the U.N. emphasizing that our The conference report does not con- ate on this measure and had hoped that enemies are not complying with inter- tain all of the important provisions in Members would be willing to allow an national law, by blocking this minor the FBI Reform Act that Senator up or down vote of the conference re- fix, we leave ourselves open to a charge GRASSLEY and I, and the other mem- port. that we are not complying with an bers of the Judiciary Committee, Contrary to those who may argue anti-terrorism treaty. agreed were needed, but it does contain that this legislation is not a priority, I agree with other Members that we parts of that other bill. it is. Congress has not authorized the should do more to help the FBI Direc- Among the items that are, unfortu- Department of Justice in more than tor in transforming the FBI from a nately, not in the conference report two decades. While the Justice Depart- crime fighting to a terrorism preven- and are being blocked from passing in ment would certainly continue to exist tion agency and to help the FBI over- the stand-alone FBI Reform bill by an if we were to fail to reauthorize it, that come its information technology, man- anonymous Republican hold are the is not an excuse for shirking our re- agement and other problems to be the following: Title III of the FBI Reform sponsibility now. I know that Senator best that it can be. The Judiciary Com- bill that would institute a career secu- HATCH and Representatives SENSEN- mittee reported unanimously the rity officer program, which senior FBI BRENNER and CONYERS share my view. Leahy-Grassley FBI Reform Act, S. officials have testified before our Com- It is long past time for the Judiciary 1974, over 6 months ago to reach those mittee would be very helpful; title IV Committees of the House and Senate— goals, but this legislation has been of the FBI Reform bill outlining the re- and the Congress as a whole—to restore blocked by an anonymous hold from quirements for a polygraph program their proper oversight role over the De- moving forward. This conference report along the lines of what the Webster partment of Justice. contains parts of that bipartisan legis- Commission recommended; title VII of Through Republican and Democratic lation, but not the whole bill, which the FBI Reform bill that takes impor- administrations, we have allowed the continues to this day to be blocked to tant steps to fix some of the double Department of Justice to escape its ac- this day. standard problems and support the countability to the Senate and House Since the attacks of September 11 FBI’s Office of Professional Responsi- of Representatives and through them and the anthrax attacks last fall, we bility, which FBI Ethics and OPR to the American people. Congress, the have relied on the FBI to detect and agents say is very important; and title people’s representative, has a strong prevent acts of catastrophic terrorism VIII to push along implementation of institutional interest in restoring that that endanger the lives of the Amer- secure communications networks to accountability. The House has recog- ican people and the institutions of our help facilitate FISA processing be- nized this, and has done its job. We country. Reform and improvement at tween Main Justice and the FBI. These need to do ours. the FBI was already important, but the hard-working agents and prosecutors I agree with those Members who say terrorist attacks suffered by this coun- have to hand-carry top secret FISA that we need to give anti-terrorism pri- try last year have imposed even great- documents between their offices be- ority, but not lose sight of the other er urgency on improving the FBI. The cause they still lack send secure e-mail important missions of the Department Bureau is our front line of domestic de- systems. of Justice. fense against terrorists. It needs to be The FBI Reform bill would help fix The conference report takes such a as great as it can. may of these problems and I would balanced approach. Those critics who Even before those attacks, the Judi- hope we would be able to pass all of the say that there is nothing new in this ciary Committee’s oversight hearings FBI Reform Act before the end of this legislation to fight terrorism, have revealed serious problems at the FBI Congress. These should not be con- missed some important provisions in that needed strong congressional ac- troversial provisions and are designed the legislation as well as my floor tion to fix. We heard about a double to help the FBI. Yet passage of these statements over the past week out- standard in evaluations and discipline. provisions are being blocked both in a lining what the conference report con- We heard about record and information stand-alone FBI Reform bill, S. 1974, tains to help in the anti-terrorism ef- management problems and commu- and the provisions we were able to in- fort. nications breakdown between field of- clude in this conference report. I urge Let me repeat the highlight of what fices and Headquarters that led to the my colleagues to support final passage the conference report does on this im- belated production of documents in the of the conference report so that we can portant problem. Oklahoma City bombing case. Despite start making progress on the impor- The conference report fortifies our the fact that we have poured money tant reforms in the bill. border security by authorizing over $20 into the FBI over the last five years, Some Members have complained that billion for the administration and en- we heard that the FBI’s computer sys- we included provisions in this con- forcement of the laws relating to im- tem were in dire need of moderniza- ference report that were not contained migration, naturalization, and alien tion. in either the Senate or House bills. registration. It also authorizes funding We heard about how an FBI super- Now, each of the proposals we have in- for Centers for Domestic Preparedness visor, Robert Hanssen, was able to sell cluded are directly related to improv- in Alabama, Texas, New Mexico, Lou- critical secrets to the Russians unde- ing the administration of justice in the isiana, Nevada, Vermont and Pennsyl- tected for years without ever getting a United States. We were asked to in- vania, and adds additional uses for polygraph. We heard that there were no clude many of them by Republican grants from the Office of Domestic Pre- fewer than 15 different areas of secu- members of the House and Senate. paredness to support State and local rity at the FBI that needed fixing. Let me give you some examples. The law enforcement agencies. These provi- The FBI Reform Act tackles these conference report reauthorizes the sions have strong bipartisan support, problems with improved account- State Criminal Alien Assistance Pro- including that of Senator SESSIONS. ability, improved security both inside gram, which President Bush has sought Another measure in the bill would and outside the FBI, and required plan- to eliminate. On March 4 of this year, correct a glitch in a law that helps ning to ensure the FBI is prepared to Senator KYL and Senator FEINSTEIN prosecutors combat the international deal with the multitude of challenges sent me a letter asking me to include financing of terrorism. I worked close- we are facing. an authorization for SCAAP—which ly with the White House to pass the We are all indebted to Senator was not authorized in either the House- original provision to bring the United GRASSLEY for his leadership in the or Senate-passed bill—in the con- States into compliance with a treaty area. Working with Republicans and ference report. That proposal had been

VerDate Sep 04 2002 01:24 Oct 04, 2002 Jkt 019060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\A03OC6.030 S03PT1 October 3, 2002 CONGRESSIONAL RECORD — SENATE S9889 considered and reported by the Judici- The Law Enforcement Tribute Act the Hatch-Leahy TEACH Act, to help ary Committee but a Republican hold was mentioned as a provision not con- distance learning. Contrary to the crit- has stopped Senate consideration and sidered by the Judiciary Committee, ics’ statements, this passed the Senate passage. I agreed with Senator KYL but this is incorrect. In reality, the in June, 2001. that we should authorize SCAAP. I Committee reported that bill favorably The intellectual Property and High still believe that it is the right thing to on May 16. Its passage has been blocked Technology Technical Amendments do. by an anonymous Republican hold. Act, S. 320, contained in this con- In addition to including the reau- Complaints have been made about in- ference report, was passed by the Sen- thorization of SCAAP, the conferees clusion of the motor vehicle franchise ate at the beginning of this Congress, also authorized an additional judge for dispute resolution provision in the con- in February, 2001. It is time to get this Arizona. Members have been arguing ference report for bypassing the Com- done. for years that their States need more mittee. But, again, that is incorrect. The criticism made on the floor that judges. We took those arguments seri- The Judiciary Committee fully consid- the juvenile justice provisions in the ously, and added another new judge for ered this proposal and reported Senator conference report never passed the Arizona on top of the two that were HATCH’S Motor Vehicle Franchise Con- House or Senate is simply wrong. The added in 1998 and the third that was tract Arbitration Fairness Act last Oc- conference report contains juvenile added in 2000. As I said before, we have tober 31. It has been stalled from the justice provisions passed by the House added twenty new judge positions in Senate floor by anonymous Republican in September and October of last year, this conference report. holds. in H.R. 863 and H.R. 1900. Some have been critical of the con- A section allowing FBI danger pay The criticism that the conference re- ference report’s authorization of fund- was cited as a proposal that bypassed port contains criminal justice improve- ing for DEA police training in South Committee consideration, but, again, ments that were passed by neither the and Central Asia, and for the United the Judiciary Committee did consider House or the Senate glosses over two States-Thailand drug prosecutor ex- this proposal as part of the original important points: First, that many of change program. I believe that both of DOJ Authorization bill, S. 1319. the provisions were indeed passed by these are worthy programs that de- Some have complained that the Fed- the House, and, second, that others serve the Senate’s support. eral Judiciary Protection Act, which is have been blocked from Senate consid- I have listened to President Bush and included in the conference report, had eration and passage by anonymous Re- other in his Administration and in not come before the Committee, but on publican holds. Let me give you some Congress argue that terrorist organiza- the contrary, this legislation, S. 1099, examples. The conference report contains the tions in Asia, including al Qaeda, have was passed the Judiciary Committee Judicial Improvements Act, S. 2713 and repeatedly used drug proceeds to fund and the Senate by unanimous consent H.R. 3892, that passed the House in their operations. last year and in the 106th Congress, as The conferees wanted to do whatever July, 2002, but consideration by the well. we could to break the link between Senate was blocked after the Senate There has been a complaint on the drug trafficking and terror, and we bill was reported by the Judiciary floor about the provisions on the U.S. would all greatly appreciate the Sen- Committee. Parole Commission being included in ate’s assistance in that effort. The Antitrust Technical Corrections Beyond the relationship between the conference report. That was in- bills, H.R. 809, had the same fate. After drug trafficking and terrorism, the pro- cluded because the Bush Administra- being passed by the House in March, duction of drugs in Asia has a tremen- tion included it in its budget request. 2001, and reported by the Senate Judi- dous impact on America. Some have complained on the floor ciary Committee, consideration was For example, more than a quarter of about the conference report’s provision blocked in the Senate. the heroin that is plaguing the north- establishing the FBI police to provide This conference report is a com- eastern United States, including my protection for the FBI buildings and prehensive attempt to ensure the ad- State of Vermont, comes from South- personnel in this time of heightened ministration of justice in our nation. It east Asia. Many of the governments in concerns about terrorist attacks. Con- is not everything I would like or that that region want to work with the trary to the critics, this proposal was any individual Member of Congress United States to reduce the production considered by the Judiciary Committee might have authored. of drugs, and these programs will help. as part of the FBI Reform Act, S. 1974, It is a conference report, a consensus It is beyond me why any Senator would which was reported unanimously on a document, a product of the give and oppose them. bipartisan basis but has been blocked take with the House that is our legisla- Some have complained that the con- by an anonymous hold. tive process. It will strengthen our Jus- ference report demands too many re- Similarly, a complaint was made on tice Department and the FBI, increase ports from the Department of Justice the floor about bypassing the Com- our preparedness against terrorist at- and that this would interfere with the mittee with the provision in the con- tacks, prevent crime and drug abuse, Department’s ongoing counterterror- ference report for the FBI to tell the improve our intellectual property and ism efforts. It is true that our legisla- Congress about how the FBI is updat- antitrust laws, strengthen and protect tion requires a number of reports, as ing its obsolete computer systems. our judiciary, and offer our children a part of our oversight obligations over Again, this is incorrect. This provision safe place to go after school. the Department of Justice. I assure the was included in the FBI Reform Act, S. I hope that it will merit the support Senate, however, that if the Depart- 1974, which was considered by the Judi- of every Member of the United States ment of Justice comes to the House ciary committee and unanimously re- Senate. At the very least, it deserves and Senate Judiciary Committees and ported without objection. an up-or-down vote. I was pleased to makes a convincing case that any re- Some critics have complained that see some Republicans come to the floor porting requirement in this legislation the conference report includes intellec- to support this conference report. For will hinder our national security, we tual property provisions that have the sake of the Justice Department, will work out a reasonable accommo- passed neither the House or the Senate. the United States Congress, and the dation. It is not for lack of trying to pass these American people, we should pass this I think, however, that such a turn of provisions through the Senate, but legislation today. events is exceedingly unlikely, as no anonymous Republican holds have held ∑ Mr. HATCH. Mr. President, I rise in one at the Department has mentioned up for months passage of the Madrid support of the 21st Century Depart- any such concerns. Protocol Implementation Act, S. 407. ment of Justice Appropriations Au- Some Members have complained that This legislation has passed the House thorization Act. The Conference Report the conference report includes pieces of on three separate times in three con- is now before the Senate. The title of legislation that had not received Com- secutive Congresses. Let us get it the Conference Report—‘‘The 21st Cen- mittee consideration. Let me deal with passed now in the conference report. tury Department of Justice Appropria- some of the specific proposals that The conference report also contains tions Authorization Act’’—is appro- have been cited. another intellectual property matter, priately named—the bill is a forward-

VerDate Sep 04 2002 02:42 Oct 04, 2002 Jkt 019060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\A03OC6.032 S03PT1 S9890 CONGRESSIONAL RECORD — SENATE October 3, 2002 looking measure which will strengthen The tragic events of September 11th 3, expand drug abuse and addiction re- the Justice Department and our judi- have underscored the need for Congress search; No. 4, expand the Drug Courts cial system as we face the new chal- to work closely with the Justice De- program; No. 5, provide post-incarcer- lenges of the 21st century. More specifi- partment. Last year, we worked with ation vocational and remedial edu- cally, the bill provides the Justice De- the Justice Department to ensure swift cational opportunities for federal in- partment with the necessary tools and passage of the PATRIOT Act, which mates; and No. 6, provide grants to resources: to detect and prevent future has strengthened America’s security by states to establish demonstration terrorist attacks; to reduce drug abuse providing law enforcement with the projects to promote successful reentry and prevent drug-related crimes; to en- necessary tools to fight the war of criminal offenders. hance our country’s ability to compete against terrorism. We will continue to While ensuring effective drug treat- in international markets by improving provide the Justice Department with ment and prevention programs, the our intellectual property and antitrust the legislative tools and resources conference report includes a broad set laws; and to address the growing needs needed to win this war against ter- of measures designed to protect our of our at-risk youth by offering mean- rorism. youth. Specifically, the bill supports ingful alternatives to the temptations The 21st Century Department of Jus- the creation and expansion of Boys and of crime. The House last week passed tice Appropriations Authorization in- Girls Clubs in our communities, en- the Conference Report by a vote of 400– cludes a number of important provi- hances juvenile criminal account- 4. I urge my colleagues to support this sions which I will briefly highlight. ability, and provides states with block important piece of legislation. Most significantly, the bill fully au- grants to address juvenile crime. In ad- Before I address the substance of the thorizes the Justice Department and dition to our nation’s youth, the bill Conference Report, I want to take a its major components for fiscal years strengthens our criminal justice sys- moment to thank my distinguished 2002 and 2003. Among these authoriza- tem by increasing penalties for those colleagues, Chairman LEAHY, and tions are funding for the Federal Bu- who tamper or threaten federal wit- House Judiciary Chairman SENSEN- reau of Investigation to protect against nesses, or those criminals who harm BRENNER, and Ranking Member CON- terrorism and cyber-crime, the Drug Federal judges and law enforcement YERS, for all of their hard work, com- Enforcement Administration to com- mitment and determination on this im- personnel. bat the trafficking of illegal drugs, and In addition to our Nation’s youth, portant matter. Senator LEAHY and I the Immigration and Nationalization the bill provides increased attention to have been working together for years Service to enforce our country’s immi- crimes against women by establishing to enact a Department of Justice reau- thorization bill, and I am pleased that gration laws. The bill also adds 94 new a Violence Against Women Office with- we are finally able to bring the matter Assistant United States Attorneys to in the Justice Department, which will to the Senate for its consideration. implement the President’s Project Safe be headed by a presidentially appointed The Department of Justice’s main Neighborhoods initiative which is and Senate confirmed Director. The Di- duty is to provide justice to all Ameri- aimed at reducing gun violence in our rector, in part, will serve as a special cans, certainly of central importance communities. counsel to the Attorney General on to our national life. It has the primary With respect to congressional over- issues related to violence against responsibility for the enforcement of sight, the conference report strength- women, provide information to the our Nation’s laws. Through its divi- ens the authority of the Department’s President, the Congress, State and sions and agencies including the FBI Inspector General in order to address local governments, and the general and DEA, it investigates and pros- internal issues within the Justice De- public, and maintain a liaison with the ecutes violations of federal criminal partment. It specifically expands the judicial branches of federal and State laws, protects the civil rights of our Inspector General’s authority to in- governments. citizens, enforces the antitrust laws, clude responsibility for investigating The conference report addresses the and represents every department and the FBI. In order to establish a base- operation of our federal judiciary by agency of the United States govern- line from which to focus future over- enacting long-needed judicial improve- ment in litigation. Increasingly, its sight of the Justice Department, the ments and reforms to judicial discipli- mission is international as well, pro- bill requires the Department to submit nary procedures. It also creates judge- tecting the interests of the United to Congress reports detailing the oper- ships in various districts where there is States and its people from growing ation of the Office of Justice Programs a chronic shortage of federal judges to threats of trans-national crime and and all of the Justice Department’s handle existing caseloads, particularly international terrorism. Additionally, litigation activities. in our border States such as Texas, among the Department’s key duties is The conference report enacts many of New Mexico, California, Nevada, Flor- providing much needed assistance and the provisions of the Drug Abuse Edu- ida and Alabama. We need to do more advice to state and local law enforce- cation, Prevention, and Treatment Act here, and add judges in other districts ment agencies. of 2001, S. 304, which I introduced in the where caseloads are high, and I am It has been over two decades since Senate with Senators LEAHY and BIDEN hopeful we will be able to do that next Congress reauthorized the Justice De- more than 18 months ago, and which Congress. partment. If enacted, H.R. 2215 will be has received wide bipartisan support. The bill also promotes America’s eco- a significant step in Congress’s efforts This legislation marks a watershed nomic security by enhancing our com- to reassert its rightful role in over- event in the national effort to combat petitiveness in the world economy. seeing the operation of the Justice De- drug addiction, and makes a signifi- Specifically, the bill makes some need- partment. By instituting a regular re- cant, sustained commitment to pro- ed changes to our antitrust laws, and authorization procedure for the Justice viding federal resources for reducing creates a commission to review our Department, Congress will be able to the demand for illicit drugs. Investing antitrust laws to determine what re- ensure that the Justice Department in proven prevention and treatment forms, if any, are needed to ensure the has all the necessary tools to carry out programs can help reduce the wreckage effective operation of our free markets its critical functions. and the unwarranted burden of drug in our ‘‘new’’ high-tech economy. Let me be clear that I am not advo- abuse on society. The conference report enacts critical cating that we micro-manage the De- Specifically, the Drug Abuse Edu- amendments to the Radiation Exposure partment of Justice. I have full con- cation, Prevention and Treatment pro- Compensation Act of 2000, S. 898, which fidence in Attorney General Ashcroft visions: No. 1, increase drug treatment I introduced in order to clarify the eli- and the thousands of employees who grants for prisoners and residential gibility standards and to ensure appro- competently manage the Department aftercare programs; No. 2, require a priate compensation under the pro- daily. However, we cannot continue to study and review of drug-testing tech- gram. In addition, the bill enacts ‘‘The neglect our responsibility to exercise nologies and all federal drug and sub- Motor Vehicle Franchise Contract Ar- responsible oversight of the Justice De- stance abuse treatment and prevention bitration Act,’’ S. 1140, which I intro- partment which so profoundly affects programs in order to recommend nec- duced, was passed by the Senate Judi- the lives of all Americans. essary reforms to these programs; No. ciary Committee, and which received

VerDate Sep 04 2002 01:24 Oct 04, 2002 Jkt 019060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\A03OC6.012 S03PT1 October 3, 2002 CONGRESSIONAL RECORD — SENATE S9891 bipartisan support. This bill restricts Delrahim, all poured their hearts into each member of the conference com- the use of mandatory arbitration provi- this legislation. On Chairman LEAHY’s mittee on this bill, reiterating our re- sions in motor vehicle franchise con- staff, I want to thank Tim Lynch and quest. tracts. Ed Pagano, as well as Chairman To date, not a single member of the Further, the bill includes several im- LEAHY’s able General Counsel, Beryl Senate or House has opposed our re- portant provisions to reform intellec- Howell, and Chief Counsel and Staff Di- quest. Yet at the end of the day, H.R. tual property law. First, the bill di- rector, Bruce Cohan. On Chairman SEN- 2215 fails to include an additional judge rects the Justice Department to in- SENBRENNER’s staff, I want to commend for Idaho. crease its enforcement of intellectual Will Moschella, Steve Pinkos and Phil It is my understanding that our re- property laws. Second, aside from en- Kiko, for their hard work and dedica- quest was not given priority because forcement, the bill enacts the Tech- tion. On Congressman CONYER’s staff, I the Judicial Conference of the United nology, Education and Copyright Har- want to thank Perry Apelbaum, Sam States refused to endorse it. While monization Act (TEACH Act, S. 487, Garg, and Ted Kalo for their commit- Idaho did not originally meet the nar- which I introduced and has received bi- ment to this legislation. row requirements imposed by the Con- partisan support. This Act enhances Mr. President, this is an important ference before it recommends an addi- our country’s education system by re- piece of legislation that deserves our tional judgeship, I have been informed vising federal copyright law to extend full support. I urge my colleagues to in the last few weeks that we now meet the exemption from infringement li- vote in favor of the conference report.∑ those requirements, and Idaho hopes to ability for instructional broadcasting Mr. CRAIG. Mr. President, I regret to obtain that critical endorsement in the to digital distance learning. Third, the point out one very important provision future. Conference Report enacts several im- that is missing from H.R. 2215: a dis- With that, let me put the Senate on portant reforms of our patent and trict judgeship for Idaho. This is a mat- notice that my State will return in the trademark system which I supported, ter of great urgency to the citizens of next Congress with this request and including: authorization of the Patent my State. will work for a better result. There and Trademark Office for fiscal years Idaho has two Federal district judge- should not be waiting list for people to 2003 to 2008; revision of the filing and ships, created in 1890 and 1954. We are obtain justice in our courts, but there processing procedures for patent and one of only three States in the union is in Idaho until relief arrives in the trademark applications; and enact- with two Federal district judgeships. form of a third Federal district judge. ment of the Madrid Protocol Imple- There are three distinct and widely- Mr. KYL. Mr. President, I rise to ad- mentation Act, S. 407, which ensures distant geographical areas in my State: dress one aspect of the ‘‘21st Century international protection of United the Southeast, the Southwest and the Department of Justice Appropriations States trademarks. North. A district judge must travel up Authorization Act,’’ H.R. 2215. Section Finally, the conference report refines to 450 miles between division offices. 312 creates a number of Federal judge- INS administrative procedures in two This distance is greater than that trav- ships, including a temporary judgeship specific areas in order to reduce INS eled in other rural district courts, in- for the District of Arizona. Under the processing delays. First, the bill ex- cluding those of Montana, Wyoming, bill, the temporary addition of an extra tends H–1B status for alien workers North Dakota, South Dakota or East- seat to the 12-member Federal district who wish to continue working beyond ern Washington. In fact, only a district court will commence in July 2003 and the authorized 6-year period. Second, judge in Alaska has a greater distance will end with the first judicial retire- the bill includes provisions for removal to travel, when comparing these rural ment that occurs after that ten-year of conditional basis of permanent resi- district courts. Because of the State’s period expires, returning the court to dent status applicable to certain alien sheer size, its extraordinary increase in twelve seats. entrepreneurs. population, and tremendous growth in The District of Arizona sorely needs The conference report is a long- caseload over nearly five decades, the this judgeship. According to the Ad- awaited and much-needed measure current situation is becoming increas- ministrative Office of the United which will ensure that Congress pro- ingly unworkable, and we are seeking States Courts, the District of Arizona vides the required oversight—and sup- one additional judgeship. ranks 10th in total weighted filings port of—the Justice Department as it Unlike other States, we have no sen- among all 94 districts. The general continues its critical role of enforcing ior judges to fill in the gaps. We are de- standard for weighted filings estab- our country’s laws, protecting our pending on judges borrowed from other lished by the U.S. Judicial Conference country from terrorist attacks, en- districts to help us, but obviously that as an indicator of a need for additional hancing our competitiveness in the can only be a temporary fix for the judgeships is 430. With 604 weighted fil- world economy, and making our com- problem. ings per judgeship, the District of Ari- munities safer. Working together in a To remedy this crisis, the State of zona exceeds this criteria by 29 per- spirit of bipartisanship, the bill pro- Idaho has requested a third Federal cent, despite the recent and much ap- vides the necessary framework to en- district judge. All members of the Fed- preciated addition of four new judges. sure that Congress and the Administra- eral bench in Idaho agree with this re- The high level of filings in the District tion will be able to identify solutions quest, and the Idaho State Legislature of Arizona is not temporary. The to the challenges faced by federal law even passed a resolution petitioning weighted filings in this district have enforcement, and to ensure the effi- Congress for this change. been substantially higher than the na- cient operation of the Justice Depart- I have been working on this issue tional average since 1985. ment and each of its components. throughout the 107th Congress, intro- The District of Arizona reported 6,300 I would also like to take this oppor- ducing legislation along with my Idaho civil and criminal case filings in 2001, a tunity to recognize the tireless work of colleague Senator CRAPO, consulting 26 percent increase in filings over a the dedicated Staff members on both with the Senate Judiciary Committee five-year period. The District’s crimi- sides of the aisle whose work around and lobbying its members, writing to nal felony caseload has increased 104 the clock made this legislation pos- the Judicial Conference. Our senior dis- percent over the past 5 years. The Dis- sible. First, on my staff, I want to spe- trict judge in Idaho personally visited trict ranks third among the Nation’s 94 cifically commend my former staff Capitol Hill and talked with staff and districts in weighted criminal felony member Leah Belaire, who recently members of the Judiciary Committee. filings per authorized judgeship, 231 joined the United States Attorney’s Of- When it became apparent that H.R. percent above the national average. In fice for the District of Columbia as an 2215 was the only legislative vehicle in addition to the burgeoning criminal Assistant United States Attorney. She this Congress for the creation of new caseload, the District’s civil caseload is along with my counsels, Mike Volkov, judgeships, the entire Idaho Congres- on the rise. This District is an Wan Kim, Shawn Bentley, Patti sional Delegation, Senator CRAPO and unenviable 71st nationally in median DeLoatche, Rebecca Seidel, Bruce I, as well as our House colleagues Rep- disposition time for civil cases and 85th Artim, Dustin Pead, and my Chief resentative MIKE SIMPSON and Rep- nationally in median time from filing Counsel and Staff Director, Makan resentative BUTCH OTTER, wrote to to trial in civil cases. Seven percent of

VerDate Sep 04 2002 01:24 Oct 04, 2002 Jkt 019060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\A03OC6.014 S03PT1 S9892 CONGRESSIONAL RECORD — SENATE October 3, 2002 the civil cases have been pending over broad, bipartisan vote expressing our going to have a problem if we just three years. concern about what this situation is in allow this to be endlessly amended. It According to the latest population Iraq, about the fact the United Nations would be a filibuster by amendment. statistics as reported by the U.S. Cen- resolutions—all 16 of them—have been I think we need to have a full debate sus Bureau, Arizona’s population in- ignored, for the most part, for 11 years, but be prepared to go to votes on these creased by 40 percent from 1990 to 2000, and it is time we take action to avoid important issues by the middle of next while the national rate of population some horrendous events that could week. Senator DASCHLE, perhaps, will growth is only 13.1 percent. Arizona is occur if we do not. give his own thinking about the spe- ranked second only to Nevada for per- I believe we will give the President cifics of when we might begin to get to centage of growth. The Arizona Depart- the authority he needs to deal with some votes. ment of Economic Security projects this problem. I want to emphasize this I have listened to opinions on the the State’s population will grow an- President has listened, and he has also other side of the aisle, too. I did not other 25 percent by 2010. challenged us. He has shown commit- just talk to Senator SHELBY or Senator This new judgeship will provide ment and leadership. Some of us in LUGAR or Senator MCCAIN or Senator emergency aid to Arizona’s District Congress were saying: We want to hear WARNER or Senator HUTCHINSON. I Court, whose judges are extremely from the President. Come to us. Tell us talked to Senators on both sides of the overburdened by crushing federal case- what you know. Tell us what you want. aisle, and so did the administration. loads. Arizona’s Federal court, like Let us have a debate. Let us have a Because of this, I think we have been those in other border states, suffers vote. He did so, and he continues to able, with the help of the White House special burdens as a result of sharp in- work with us to this very moment. and the combined House leadership, to creases in drug trafficking and immi- Some people said: Oh, well, you have emerge with a strong resolution we gration prosecutions. This backlog to take your case to the United Na- now present to the Congress and to the delays justice for Arizonans and dis- tions. Let the United Nations be a part world. rupts the proper administration of the of this. Encourage the United Na- For those who brought us to this mo- courts. tions—in fact, demand the United Na- ment—the President, the Speaker, Con- I would like to commend Senator tions—live up to its responsibility and gressman GEPHARDT, SENATORS LEAHY, Senator HATCH, and Represent- its own resolutions. LIEBERMAN, WARNER, MCCAIN, BAYH, ative SENSENBRENNER for including this The President did that. He went to DASCHLE, and others—who are involved much-needed judgeship. This tem- the United Nations and gave one of the in this process, I think the Nation porary judgeship is at least one reason most impressive speeches I believe he should be grateful. I believe the result to support the ‘‘21st Century Depart- has ever given. He gave the bill of par- of this debate, and the resolution we ment of Justice Appropriations Au- ticulars to the world community about will vote on next week, will lead to a thorization Act.’’ what the problems are and why we had safer world. f to deal with this menace. I think it Let me make it clear from the out- changed the United Nations. And while set, no one—not the President, not any MORNING BUSINESS we still do not have a resolution from Member of Congress—desires to see our The PRESIDING OFFICER. Under the United Nations, I know Secretary men and women engaged in a fight in the previous order, the Senate will now Powell is working on that. Iraq or anywhere unless it is absolutely proceed to a period of morning busi- I know the President and others are necessary. ness. talking to the world community. I Our history shows that Americans do IRAQ have had the occasion, as the Repub- not seek war; we always are slow to Mr. LOTT. Mr. President, there is no lican leader of the Senate, to talk to anger. But we got plenty mad last year more solemn and important duty for representatives from seven countries because of the horror we saw here at the Senate, in my opinion, than to de- over the past 2 weeks and get a feel for home. We now realize the danger is not bate the momentous issues of war and what they are thinking and what their just over there, as they said in World peace. I remember in 1991 when we de- concerns are, what their suggestions War I and World War II. Oh, no, it is bated the gulf war resolution that it are. here. One suicide bomber, with a weap- took on a very serious aura. Every Sen- So this President is working with us, on of mass destruction, is a threat to ator spoke. Senators actually came to with the United Nations, and with the thousands, perhaps millions. the floor and listened to the debate. It world community. We are the only Nation in history, was a challenge. Not a one of us didn’t As the Republican leader, I have en- though, after having been involved in a feel some amount of concern and trepi- tertained views from all sides of our war, a conflict, that has turned around dation and respect for the importance own caucus. When we got the first and offered a helping hand to all the of that vote. I think we are fixing to draft of the Iraq resolution, every word peoples of the world, including our en- embark on a debate of that magnitude was not accepted as being perfect or emies. We helped in Japan. We helped again today. brilliant. There were some suggestions in Germany. We have done it over and The issue of Iraq is one that we are made, and I listened to them. In fact, I over again. concerned about and which we have remember there was one phrase in the There is no greater force for good been wrestling with for 11 years. But I resolution, when I read it the first than the United States of America. think that today on the issue of Iraq time, I said: What does that really When our security and our people are we have reached what Winston Church- mean? I don’t think I really like that. threatened, we act swiftly and deci- ill called ‘‘not the beginning of the end So we did have input. We did have sively. But what we want for everybody but the end of the beginning.’’ the first draft sent by the President, is opportunity and freedom and democ- After weeks of careful preparation but the President invited our input and racy—or to choose what they want if and bipartisan negotiation—it has been our participation in the development of they don’t want democracy; make that truly bipartisan on both sides of the this resolution, and changes were choice. aisle in the Senate, and in the House it made. We had the first resolution, the We want to be safe and secure here at has been a bicameral effort—I believe second resolution, the third resolution, home. That is what this is all about. the Senate will, once again, show why and now the bipartisan resolution that We are good people, with attributes it is called ‘‘the greatest deliberative was introduced in the Senate by Sen- from our forefathers I am very proud body.’’ I think we will have some very ator LIEBERMAN, Senator WARNER, Sen- of. But we are very serious about pro- interesting and very thoughtful speech- ator MCCAIN, and Senator BAYH. It is tecting our people at this critical time. es that will be given next week. Obvi- the resolution we should consider. Will I will save the catalog of Saddam ously, we will not all agree. Obviously, there be another alternative? Perhaps. Hussein’s crimes for another time, we will have respect for each other—no I have no problem with that. Will there probably about the middle of next matter what the position may be. perhaps be an amendment that is week. But today we begin the process But I think, in the end, we are going agreed to in advance? Perhaps. I have of ensuring this violent and cruel man to see we are going to have a very no problem with that. I do think we are can no longer menace us, his neighbors,

VerDate Sep 04 2002 02:42 Oct 04, 2002 Jkt 019060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G03OC6.076 S03PT1