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

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

Vol. 149 WASHINGTON, THURSDAY, JANUARY 30, 2003 No. 17 House of Representatives The House was not in session today. Its next meeting will be held on Friday, January 31, 2003, at 10 a.m. Senate THURSDAY, JANUARY 30, 2003

The Senate met at 11 a.m. and was destroyed, freedom cannot be denied, to act on that important nomination called to order by the President pro and God cannot be defeated. Therefore, during today’s session. Therefore, addi- tempore (Mr. STEVENS). I pray, God bless America, and God tional votes can be expected during to- The PRESIDENT pro tempore. This bless us all. Amen. day’s session of the Senate. morning we will be led in prayer by our f The PRESIDING OFFICER (Mr. guest Chaplain, Dr. J. Howard BURNS). The Senator from Nevada. Edington of the First Presbyterian PLEDGE OF ALLEGIANCE Mr. REID. Mr. President, I want to Church in Orlando, FL. The President pro tempore led the ask the distinguished majority whip a Pledge of Allegiance, as follows: PRAYER question or two. It is my understanding The guest Chaplain offered the fol- I pledge allegiance to the Flag of the this Friday the Democrats have a re- United States of America and to the Repub- lowing prayer: treat in Washington. It is my under- God on high, hear my prayer: You lic for which it stands, one nation under God, indivisible, with liberty and justice for all. standing there is going to be a joint re- have led us in the past, lead us still. treat of the congressional Republicans Gathered in this historic chamber are f next Thursday and Friday. Is it fair to those who, by Your leave and by the RECOGNITION OF THE ACTING be able to tell Members that next will of the people, have been chosen to MAJORITY LEADER Thursday and Friday there likely will lead this Nation. We are a Nation of be no votes? constitutional ideals; may these Sen- The PRESIDENT pro tempore. The ators lead us always to uphold them. acting majority leader is recognized. Mr. MCCONNELL. It would be safe to say on Friday, but Thursday would not We are a Nation made great by moral f conviction; may they not rest until be safe to say. every American has shared in that SCHEDULE Mr. REID. It is my understanding the greatness. We are a Nation which ex- Mr. MCCONNELL. Mr. President, on train leaves at noon. So we could have alts freedom; may they never forget behalf of the majority leader, I will an- something in the morning, is that the that true freedom exists for each of us nounce the schedule for today. This deal? only when that freedom exists for all of morning, there will be a period for Mr. MCCONNELL. Yes. us. We are a Nation blessed by extraor- morning business until the hour of 1 dinary bounty; may their decisions ul- p.m., with the time equally divided be- Mr. REID. As I have indicated to the timately prove to be a blessing to peo- tween the two leaders or their des- distinguished Senator from Kentucky ple whose lives may be anything but ignees. A consent agreement was before we came into session, we will bountiful. reached last night for the consider- work to see what we can do on the Great God, in these days when the ation of the nomination of Gordon Eng- Snow nomination. As the Senator red, white, and blue waves proudly over land to be Deputy Secretary for Home- knows, we have one Member on our our land, may the truths that flag rep- land Security. That debate and vote is side who has some questions, I do not resents take root in the hearts of both expected this afternoon. We will notify think as much with the individual but our leaders and our people. May the red all Members when that rollcall vote is with some policies. I will talk to him of sacrifice, the white of purity, and expected. shortly and see if we can expedite this the blue of loyalty mark the way these In addition, the nomination of John matter. Senators lead and the way the Amer- Snow to be Secretary of the Treasury Mr. MCCONNELL. It would be very ican people live; and may we celebrate was reported by the Finance Com- helpful if that meeting with the Mem- the fact that truth cannot be killed, mittee by a unanimous vote this morn- ber about Mr. Snow could be expedited. love cannot be stopped, hope cannot be ing. It is hoped the Senate will be able That would be greatly appreciated.

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

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VerDate Mar 15 2010 22:09 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 0637 Sfmt 0634 E:\2003SENATE\S30JA3.REC S30JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1760 CONGRESSIONAL RECORD — SENATE January 30, 2003 MEASURE PLACED ON THE NOMINATION OF MIGUEL ESTRADA groups ‘‘have sold out the aspirations of CALENDAR—S. 241 their people just to sit around schmoozing Mr. KYL. Mr. President, I ask unani- with the Washington power elite.’’ Mr. MCCONNELL. Mr. President, I mous consent to have printed in the Mr. Schumer’s one-man campaign against understand that S. 241 is at the desk RECORD three separate items. The first, Mr. Estrada has grown tiresome too. Despite and is due for its second reading. as was mentioned by the distinguished the rebuke of every living U.S. solicitor gen- The PRESIDING OFFICER. The Sen- assistant majority leader, concerns the eral of both parties dating back four decades, ator is correct. The clerk will read the Judiciary Committee that is meeting Mr. Schumer continues to make irrespon- bill by title for the second time. today to consider the nomination of sible demands, never made before for a non- The legislative clerk read as follows: Miguel Estrada for the D.C. Circuit Hispanic nominee, and insists on making backhanded and unfounded insinuations A bill (S. 241) to amend the Coastal Zone Court of Appeals. I left that meeting in about Mr. Estrada’s career and tempera- Management Act. order to be in the Chamber but will be ment. This treatment of Mr. Estrada is de- Mr. MCCONNELL. I object to further casting my vote in support of his nomi- meaning and unfair, not only to the nominee proceedings. nation. but also to the confirmation process and the The PRESIDING OFFICER. Objec- I ask unanimous consent to have integrity of the Senate. Mr. Schumer’s petulance ignores Mr. tion having been heard, the bill will be printed in the RECORD an editorial appearing in today’s Wall Street Journal Estrada’s qualifications, intellect, judgment, placed on the calendar. bipartisan support, and that he received a by Herman Badillo, who illustrates f unanimous ‘‘well qualified’’ rating—the some of the reasons why Miguel highest possible rating—from the American RESERVATION OF LEADER TIME Estrada should be confirmed when he is Bar Association. The liberal Hispanic groups The PRESIDING OFFICER. Under brought before the full Senate. that challenge Mr. Estrada’s personal iden- the previous order, the leadership time There being no objection, the mate- tity as a Hispanic ignore his support by non- has been reserved. rial was ordered to be printed in the partisan Hispanic organizations, such as the RECORD, as follows: Hispanic National Bar Association, the f League of United Latin American Citizens, [From the Wall Street Journal, Jan. 30, 2003] MORNING BUSINESS and the U.S. Hispanic Chamber of Commerce. QUE´ PASA, CHUCK? Mr. Schumer and his colleagues are fond of The PRESIDING OFFICER. Under (By Herman Badillo) speaking about the need for ‘‘diversity’’ on the previous order, the Senate will now NEW YORK.—Nothing makes Democrats the courts. Apparently that talk does not ex- proceed to a period for morning busi- more frenzied than when a Hispanic or Afri- tend to President Bush’s nominees, since the ness not to extend beyond the hour of can-American goes off the reservation. Wit- confirmation of Mr. Estrada would provide 1 p.m., with Senators permitted to ness now the opposition that the Puerto just such diversity on this important court. It is past time that Mr. Schumer put an end speak therein for up to 10 minutes Rican Legal Defense Fund and the usual Washington special interests are giving to his embarrassing grandstanding on Mr. each, with the time equally divided in Estrada’s nomination. the usual form. Miguel Estrada, the young Honduran immigrant-turned-New Yorker that President One would think that a New York senator The Senator from Arizona. Bush has nominated to the D.C. Circuit would know that, whether Puerto Rican, Do- Mr. KYL. Mr. President, I ask unani- Court of Appeals. minican or Honduran, Hispanic are most mous consent that I be allowed to ad- Congressional Democrats have gone so far united in one thing—the pride we take in our dress the Senate for a period not to ex- as to say that Mr. Estrada is a Hispanic ‘‘in advancement as Americans regardless of ceed 30 minutes. name only.’’ where we started. One suspects that Mr. But if their behavior is outrageous it is Schumer may learn this lesson yet, and that The PRESIDING OFFICER. Without Miguel Estrada’s name is one that Charles objection, it is so ordered. also par for the course. Half of the Demo- crats’ energy lately seems focused on Schumer will hear repeated when he runs for f corraling the nation’s two largest minority re-election all too soon. TRIBUTE TO DAVID HOPPE groups into an intellectual ghetto. The vit- f riol we saw most famously directed at Clar- INCOME TAXES Mr. KYL. Mr. President, I pay special ence Thomas, and more recently at tribute to a member of the staff of Sen- Condoleezza Rice, demands that blacks and Mr. KYL. Secondly, I ask unanimous ator TRENT LOTT who is going to be Hispanics toe a political line to have their consent to print in the RECORD a Wall leaving his Senate responsibilities and success acknowledged by their own commu- Street Journal editorial dated Monday, going elsewhere in this city to work in nity. January 27, which is entitled ‘‘No More the private sector. For many years, When confirmed by the Senate, Miguel Than 30 Percent.’’ This complements Estrada, a brilliant lawyer with extraor- some comments I made yesterday re- David Hoppe has worked in various ca- dinary credentials, will be the first Hispanic pacities for Senator LOTT, most re- on the second most prestigious court in the garding President Bush’s tax plan and cently as his chief of staff when he was land. He will be a role model not just for His- makes the point that most Americans, majority leader. He also has worked as panics, but for all immigrants and their chil- rich or poor, agree that the most any his staff director. He also worked for dren. His is the great American success American should ever have to pay in Representative Jack Kemp. He has had story. income taxes is 30 percent. In fact, positions in the Heritage Foundation, But his confirmation by the Senate will most people believe it should be no as well as working on his own pre- come no thanks to Chuck Schumer, his higher than 30 percent. So even though home-state senator. Mr. Schumer has thrown we have a lot of Americans who are ex- viously. He is a specialist in a variety every old booby-trap in Mr. Estrada’s way, of areas, including the area of energy and invented a few new ones just for him. traordinarily wealthy, by far and away policy. I think most of us remember When the Senate held a hearing for Mr. most Americans believe confiscatory David as someone who was always very Estrada last year, Mr. Estrada’s mother told taxation violates America’s sense of clear headed, very level headed, and Mr. Schumer that she had voted for him and fairness. very helpful to all of us, minority and hoped that he would return the favor. He There being no objection, the mate- majority, as we worked in the Senate. hasn’t yet. rial was ordered to be printed in the It can be a very hectic proposition to It is hard to blame Democrats of course. RECORD, as follows: They know how their bread is buttered and try to juggle all of the things that have by whom—the monied special interest groups [From the Wall Street Journal, Jan. 27, 2003] to be juggled on the floor, and it takes that have made a profitable business of op- NO MORE THAN 30% a very level-headed person to be able to posing the nominations of President Bush. The political class warriors can never seem manage the egos of 100 Senators and The Hispanic groups that shun Mr. Estrada, to figure out why their ‘‘tax cuts for the deal with the majority leader’s respon- including the Congressional Hispanic Cau- rich’’ mantra fails to sway the American sibilities. David Hoppe always did that cus, which announced its opposition to his public. In the spirit of educating even our op- with great aplomb, and it will be our nomination last September, are a different ponents, we’d point them to a recent poll loss that he leaves the Senate, but I am matter. They should be ashamed of them- from Fox News. selves. In addition to the usual questions about sure we will not hear the last of David Sen. Orrin Hatch (R., Utah), who heads President Bush’s tax cut proposals, the poll Hoppe. My hat is off to him for his both the Senate Judiciary and the Senate asked voters what is the maximum share of many years of service. I wish him the Republican Hispanic Task force, put it well income that any American should pay in very best in his new career. when he said that these liberal Hispanic taxes. More than half think it should be no

VerDate Mar 15 2010 22:09 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 0637 Sfmt 0634 E:\2003SENATE\S30JA3.REC S30JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 30, 2003 CONGRESSIONAL RECORD — SENATE S1761 more than 20%, and another quarter think it lationship must not become a casualty of the portunity to tell Senator KENNEDY I should be somewhere between 20% and 30%. current Iraqi regime’s persistent attempts to would be speaking about his resolution, So nearly eight of every 10 Americans think threaten world security. but I did want to note this has been that no one, not even Bill Gates, should pay In today’s world, more than ever before, it dealt with by the Congress. We have more than 30% to the government. is vital that we preserve that unity and co- Now, even we’ll admit to the sin of think- hesion. We know that success in the day-to- given the President the authority. ing once in a while that the world would be day battle against terrorism and the pro- One could argue with respect to any better off if a few people (Ted Turner, say, or liferation of weapons of mass destruction de- change in circumstances that condi- George Soros) were taxed at confiscatory mands unwavering determination and firm tions have only gotten worse, not bet- rates. So how to explain such a poll result? international cohesion on the part of all ter, since the President was granted One answer is that Americans put more faith countries for whom freedom is precious. that authority by the Congress and in their aspirations than do the envy special- The Iraqi regime and its weapons of mass therefore we do not need to vote on ists of Europe or Brookline, Mass. They ap- destruction represent a clear threat to world that resolution again or a new resolu- preciate America’s class mobility and ex- security. This danger has been explicitly tion giving the President the authority pect, or at least hope, that someday they too recognised by the United Nations. All of us will be rich. are bound by Security Council Resolution to act. I make that point because of But the more fundamental answer may be 1441, which was adopted unanimously. We the submission of his resolution yester- that confiscatory taxation violates Amer- Europeans have since reiterated our backing day and because of the remarks he ica’s sense of fairness. Most Americans sim- for Resolution 1441, our wish to pursue the made. I will be referring to those re- ply believe it is wrong, unjust even, for the UN route and our support for the Security marks. government to take more than a third (or Council, at the Prague Nato Summit and the The point of the President’s com- even a fifth) of the hard-earned income of Copenhagen European Council. ments in his State of the Union speech even the very rich. It is, after all, their In doing so, we sent a clear, firm and un- was not to lay out the case for pro- money. equivocal message that we would rid the ceeding against Saddam Hussein but, Honesty compels us to concede, however, world of the danger posed by Saddam Hus- that the Fox poll does give America’s income sein’s weapons of mass destruction. We must rather, to begin to create the predicate redistributionists some reason to hope. remain united in insisting that his regime is for action we will have to take. People About 1% think the government is entitled disarmed. The solidarity, cohesion and deter- have asked why President Bush has not to take ‘‘whatever’’ it wants, presumably mination of the international community been more vocal about the case to be 100% if need be. This may be a small socialist are our best hope of achieving this peace- made. I don’t know because I have not cadre, but they are clearly committed. fully. Our strength lies in unity. talked to him, but I suspect that the The combination of weapons of mass de- last thing President Bush wanted to do f struction and terrorism is a threat of incal- was to be seen as beating the war STANDING UNITED culable consequences. It is one at which all of us should feel concerned. Resolution 1441 drums. This is a grave decision he will Mr. KYL. Finally, I ask unanimous is Saddam Hussein’s last chance to disarm have to make. It is a decision I know consent to print in the RECORD a letter using peaceful means. The opportunity to he does not make lightly. He makes it from several international leaders avoid greater confrontation rests with him. very reluctantly. But in the end, he called ‘‘Europe and America Must Sadly this week the UN weapons inspectors will have to make a decision. I believe, Stand United,’’ reprinted from the Wall have confirmed that his long-established from the tone and tenor of his remarks Street Journal. It is signed by rep- pattern of deception, denial and non-compli- on Tuesday evening and the fact that resentatives from Spain, Portugal, ance with UN Security Council resolutions is continuing. he has not been speaking out a lot Italy, the United Kingdom, the Czech Europe has no quarrel with the Iraqi peo- about this in the last several weeks, Republic, Hungary, Poland, and Den- ple. Indeed, they are the first victims of that is an illustration of the fact that mark. It makes the point that other Iraq’s current brutal regime. Our goal is to he did not want to be seen as pro- countries in Europe stand with the safeguard world peace and security by ensur- moting the United States involvement United States in our determination to ing that this regime gives up its weapons of in military action in Iraq but rather bring the country of Iraq into compli- mass destruction. Our governments have a exactly the opposite: Asking Secretary ance with the norms of international common responsibility to face this threat. Powell to visit with our allies at the behavior and U.N. resolutions that Failure to do so would be nothing less than negligent to our own citizens and to the United Nations and other nations, as apply to its weapons of mass destruc- wider world. well, and Secretary Rumsfeld and Dr. tion program. The United Nations Charter charges the Rice to go out and speak to others to There being no objection, the mate- Security Council with the task of preserving assert their views on the subject and rial was ordered to be printed in the international peace and security. To do so, express our views on the subject, to try RECORD, as follows: the Security Council must maintain its to find some way to avoid having to [From the Wall Street Journal, Jan. 30, 2003] credibility by ensuring full compliance with use military action to enforce these its resolutions. We cannot allow a dictator EUROPE AND AMERICA MUST STAND UNITED to systematically violate those Resolutions. U.N. resolutions. The real bond between the United States If they are not complied with, the Security The President has made the point and Europe is the values we share: democ- Council will lose its credibility and world that time is running out, that Saddam racy, individual freedom, human rights and peace will suffer as a result. Hussein has steadfastly, continuously, the Rule of Law. These values crossed the We are confident that the Security Council repeatedly refused to comply with Atlantic with those who sailed from Europe will face up to its responsibilities. those resolutions and that at some to help create the USA. Today they are under greater threat than ever. Mr. KYL. That is the subject I would point the international community as The attacks of 11 September showed just like to devote the rest of my time to a whole, the United Nations as a body, how far terrorists—the enemies of our com- discussing. It is the issue the President and the United States specifically, mon values—are prepared to go to destroy addressed in the State of the Union have to decide whether these inter- them. Those outrages were an attack on all speech, an issue we dealt with 3 months national agreements are going to be of us. In standing firm in defence of these ago in the Senate when we approved a enforced. If they are not, then one principles, the governments and people of resolution authorizing the President to could easily say they are not worth the the United States and Europe have amply use force, if need be, to bring Iraq into paper on which they are written. The demonstrated the strength of their convic- tions. Today more than ever, the trans- compliance with both agreements it United States would have less moral atlantic bond is a guarantee of our freedom. had signed at the end of the Persian suasion in the world if it refused to act We in Europe have a relationship with the Gulf war 12 years ago and also various when it had a clear responsibility to do United States which has stood the test of United Nations resolutions. so, and the United Nations and its Se- time. Thanks in large part to American I rise to speak today because there curity Council would be deemed in- bravery, generosity and far-sightedness, Eu- are obviously a lot of legitimate con- creasingly irrelevant by virtue of the rope was set free from the two forms of tyr- cerns being expressed by various Mem- fact that it has passed no fewer than 16 anny that devastated our continent in the bers of the Congress, including a long- resolutions expressing the fact that 20th century: Nazism and Communism. Thanks, too, to the continued cooperation time Member of the Senate, Senator Saddam Hussein has remained in viola- between Europe and the United States we KENNEDY, who recently introduced a tion of his promise to dismantle his have managed to guarantee peace and free- resolution calling for the Senate to re- weapons of mass destruction and has dom on our continent. The transatlantic revisit this issue. I did not have the op- not done so.

VerDate Mar 15 2010 22:09 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 0637 Sfmt 0634 E:\2003SENATE\S30JA3.REC S30JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1762 CONGRESSIONAL RECORD — SENATE January 30, 2003 If we are to rely upon international still exist, from the declarations of the fore it acquired nuclear weaponry. Be- bodies, multilateral agreements, and United Nations in 1998 as well as our cause it has that kind of weaponry even treaties and agreements signed by own intelligence and some admissions today, and longer-range missiles, we Saddam Hussein, there has to be an ‘‘or from the Iraqi Government itself and are very reluctant to engage North else’’ if they are not complied with or eye witness accounts. You cannot get Korea militarily, and with good reason. there is no point in entering into them better evidence than that. We cannot afford to wait until coun- in the first instance. Second, if you do Now, some of this evidence, of course, tries such as Iraq or other rogue states not enforce the agreements, you foster is collected by the intelligence agen- acquire similar weapons, nor to decide more rogue behavior by nations such as cies and not of the kind that can be re- it is time to deal with them, to get Iraq under Saddam Hussein’s leader- leased publicly. But Secretary Powell them to comply with these agreements ship because those nations know they is going to visit with our allies and and U.N. resolutions. That is why more can continue to violate international others at the United Nations, hopefully time is not the answer. More time will norms of behavior and get away with it next week, to lay out some additional not solve the problem. More time will because at the end of the day no one is information we can disclose and, hope- do nothing but exacerbate the problem. willing to enforce those norms of be- fully, persuade these nations it is now Confidence is also misplaced to rely havior even when they have been codi- time to act. on the inspections to produce any- fied in agreements or in United Nations The basis of the resolution Senator thing. President Bush has made the resolutions. KENNEDY offered was that there should point, Secretary Powell has made the That is why President Bush is right; be more time for the inspections to point—inspections only work if you time is running out, and Saddam Hus- work. I would like to confront that di- have a willing, compliant party on the sein has a very critical decision to rectly because I know that while the other side that has demonstrated a de- make. Will he finally see the hand- concept is well meaning, it is very mis- sire to dismantle weapons and wants writing on the wall that his days and placed. There is nothing in the evi- the world to verify that has been done. his regime’s days are very numbered dence to suggest Saddam Hussein will We did this before in Ukraine and and comply with the agreement he change his behavior in the least if he Kazakhstan, countries that were will- made, to save his own life, to dismantle has more time. In fact, quite the oppo- ing to dismantle their weapons. Where his weapons of mass destruction under site is true. The only time Saddam inspections are able to confirm that, international supervision? That is the Hussein has ever come forward and demonstrate that, this is a technique term that is used in Resolution 687 of done anything that has even begun to that can work. But it can never work, the United Nations which has been in- suggest compliance has been when he as Secretary Powell said, with a nation corporated into the most recent Reso- has been pressured to do so, when he such as Iraq which has as its intention lution 1441. has known the time was short and peo- hiding these weapons rather than co- That is the basis for the ability of ple were going to enforce the agree- operating. the United States and the other na- ments he made if he did not do some- The inspectors are not in Iraq—and I tions of the world to act in this case. thing. repeat this, the inspectors are not in Saddam Hussein promised to dismantle Ironically, the best way to get him to Iraq—to find evidence with which to his weapons of mass destruction under comply is to make it clear that mili- prosecute Saddam Hussein. That would international supervision. He never did tary action is a very distinct and proxi- be an impossible task. They would have that. There was an inventory in 1998 of mate possibility. That is the only basis to get enormously lucky to find any- his weapons of mass destruction by the on which I think there is any hope to thing in that country. In fact, I guess United Nations. He has never fully ex- avert military action—if he under- we could say they were lucky, to the plained what happened to that inven- stands it is inevitable unless he com- extent they found 16 shells which con- tory. He had a last opportunity to do so plies. tained warheads suitable for chemical in the declaration he was invited to file So I think giving him more time weaponry, warheads that were not de- a couple of months ago. A declaration would be seen not only by Saddam Hus- clared by Saddam Hussein in his dec- was filed. It contained the same old sein but other rogue terrorists and ter- laration and therefore were in clear things he talked about before but no rorist states in the world as a lack of violation of the U.N. requirement that evidence that he had destroyed those willingness on the part of the inter- he destroy these weapons. They were weapons of mass destruction. national community to enforce these lucky to find them. Now, why did the United Nations say agreements it has gotten Saddam Hus- People say you need a smoking gun. he had to dismantle these weapons sein to sign and the resolutions the There is a smoking gun. Why is that under international supervision? Pre- United Nations adopted. not good enough? The bottom line is cisely because we did not want to be in What are the implications of that? If you cannot put the burden on the in- the position of having to go find the international norms of behavior are spectors because there is no way in any needle in the haystack: We have to go not enforced and if the free nations of reasonable period of time that you find evidence somewhere to prove that the world cannot muster the will and could expect them to find them all. I he still maintains or possesses these the ability to enforce them, it merely have forgotten the exact number now, weapons of mass destruction. After all fosters similar action by terrorists and but there are in the tens of thousands of these years and the opportunities he rogue states around the world. The of these weapons that Saddam Hussein has had to hide these weapons, the bur- eyes of the world are upon us. This is had. We knew he had them and he has den should not be on the United States why President Bush has made the com- never shown he has destroyed them. or the United Nations to go find these mitment to move forward if Saddam How are we going to find those? The weapons but, rather, right where it was Hussein does not comply, because he fact is the inspectors are there to when he signed the agreements at the understands that everyone is watching, verify voluntary compliance. They are end of the gulf war and when the and if the rogue terrorists of the not there to try to find things that are United Nations adopted its original world—rogue states and terrorists de- being deliberately hidden. resolution saying he had to dismantle cide they can get the United States and One of the reasons the document I these weapons under international su- the United Nations to blink, that at had printed in the RECORD, the letter pervision. We knew that was the only the end of the day they are not really signed by European leaders, is so im- way we would know for sure it had willing to enforce these resolutions and portant is because it validates the no- been done, because of his record of agreements, you can see them act in tion that the free nations of the world lying and cheating. ways that very soon will challenge us need to be united in enforcing these Sure enough, over the past 11 years, to military action and perhaps at a norms of international behavior. Thus that record has continued. He has time when it is more disadvantageous the headline: ‘‘Europe and America never explained what happened to for us to take that action. Must Stand United.’’ The last para- these weapons. He has never given us The lesson of Korea is a good lesson. graph I will read: the evidence that they have been de- It would have been better if we could The United Nations Charter charges the stroyed. We have evidence that they have dealt with Korea permanently be- Security Council with the task of preserving

VerDate Mar 15 2010 22:09 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 0637 Sfmt 0634 E:\2003SENATE\S30JA3.REC S30JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 30, 2003 CONGRESSIONAL RECORD — SENATE S1763 international peace and security. To do so, There is nothing wrong with that. So it our colleagues did not, and they have the Security Council must maintain its is naturally a little bit careful here in good and sufficient reasons for voting credibility by ensuring full compliance with the way it is dealing with Iraq in this that way. The vote overwhelmingly its resolutions. We cannot allow a dictator resolution. carried. The President was granted the to systematically violate those resolutions. China has its own issues, as have If they are not complied with, the Security authority by the Congress. Now, on the Council will lose its credibility and world Great Britain and the United States. eve of his exercise of that authority, if peace will suffer as a result. All of us approach these issues from he chooses to do so, is not the time to We are confident the Security Council will the legitimate position of our own self- suggest that, well, we didn’t really face up to its responsibilities. interest as nations. The combination of mean it; he has to come to us one more Some of the signatories include Tony those five countries represents the per- time. That would be an act, I suggest, Blair, of the United Kingdom, Silvio manent members of the Security Coun- that would not be worthy of the Sen- Berlusconi, of Italy, Vaclav Havel, of cil, who have a veto. There are addi- ate, given our responsibilities to act in the Czech Republic, one of the real tionally 10 other nations that rotate on concert with the President in con- democrats of our era, and others, who and off the Security Council. ducting his responsibilities as Com- make the point that we have to stand We got a unanimous decision of all 15 mander in Chief. united in this effort. nations, including even Syria, with Even though we know there are sin- The problem they are facing and that Resolution 1441. So we have the ability cere questions and concerns about tak- President Bush is facing is if we believe to proceed. What I am saying is it is a ing military action—and every one of we have to get the approval of the Se- mistake to have to go to the Security us shares those concerns—we also curity Council, and any of the five per- Council again, first, because you are know leadership is about making deci- manent members, which could be Rus- setting a very bad precedent that is the sions when the situation is not clear. sia, China, or France, for example, only way you can legitimately act, All of us have heard about the fog of were to veto another resolution, then and, second, because there is some kind war. Henry Kissinger has written about our hands would be tied. That is why of suggestion that nations put their the essence of leadership and making a another resolution is not required. Res- self-interests over here on a shelf when decision when almost everything seems olution 1441 is good enough. President they deal with questions such as this. to be in doubt and there is no clear Bush has made that point and Sec- They do not. They make decisions path to a decision. Making the right retary Powell made the point, telling based upon their perception of their decision at that time and following those nations, don’t vote for the Reso- own self-interest and there is nothing through is what enables you to suc- lution 1441 if you are not going to be wrong with that. But what it can mean ceed, because waiting until everything prepared to support action when the is that if our interests are divergent is clear is usually to wait until it is too time comes. enough, we can get into situations late. It is the situation I described be- Now the time is upon us. What these where some countries decide to take an fore with North Korea, for example. If distinguished leaders are saying in this action and other countries decide to we wait until it is clear that Saddam letter is the Security Council needs to veto that action. If they have a legal Hussein has the nuclear weapon, it will step to the plate and authorize the veto, then they can preclude countries be too late to confront him over the kind of action that is called for here. If such as the United States and Great use of that weapon or over the fact he not, it can be done unilaterally by the Britain, for example, from acting in possesses that weapon. United States and the rest of the coali- their own self-interest. That is why the President has been tion of willing partners. We have that That is why, even though I welcome so insistent that the original promise legal authority to do so. Obviously, it the debate and would be very willing to of Saddam Hussein to dismantle under would be better if the world opinion, spend all of the time our good friend international supervision and never expressed through United Nations reso- and colleague, Senator KENNEDY, would having complied with that promise lutions, backed that action. But that is like to take on the floor of the Senate, must now be enforced. That is the es- not necessary. debating his resolution to have yet an- sence of the President’s case. While I I would argue also in some respects it other expression of Congress in support am sure he will speak to the American is not desirable to keep going back to of military action by the President, it people and lay this out much more the United Nations Security Council is not necessary. We have already cov- clearly than I have, and that he, Sec- for approval. This is the reason why. ered that ground. It has already been retary Powell, and others will continue You begin to create the precedent that approved by the Senate. The President to speak with our allies so they know action is illegitimate unless this group has taken a lot of action in reliance fully why we are prepared to act and has approved it; that unless the Secu- upon the action of the Senate back in will feel comfortable in joining us in rity Council has given its stamp of ap- November. this action—and even with those ac- proval other nations may not act in It is kind of like pulling the rug out tions which I think we can con- their self-interest and in the interest of from under him. I know that is not template in the next several days—I the international community of coun- Senator KENNEDY’s intent, but it could think it would be a big mistake, as I tries. have that effect because the President said, for the Senate to assume we need That would be an extraordinarily bad relied on the approval the Senate gave to revisit this issue in a legal way and precedent. It would cede the sov- to him to mobilize tens of thousands of that the President would not be au- ereignty of the United States to a American troops all over the world. thorized to act unless we pass some United Nations body which is not some These troops are now committed to the kind of legislation. kind of angelic group of objective theater of Iraq. A great deal depends I welcome the debate, as I said. If our judges on high somewhere, deciding upon our ability to combine a military colleagues wish to have that debate what is right, truth, and justice in the mission with the timing that is re- here on the Senate floor, I suggest it world. It is five countries with self-inquired to achieve success, and all the would be far better for us to acknowl- terests, one of which is the United other factors that are involved in a edge the President’s authority and to States. All of these countries act in successful outcome of the enforcement stand behind him in the decisions he their self-interest and there is nothing of these U.N. resolutions by the United makes, knowing our support for his ac- wrong with that. France acts in its States and its committed allies. tions is support for the troops we are self-interest. A lot of French have busi- We can’t be getting to the point sending in harm’s way. The best thing ness dealings with the Iraqis. There is where there is a herky-jerky, we’ll give we can do for those sons and daughters nothing wrong with that except it may you the authority, we’ll take it back, is not to continue to question and violate the sanctions of the United Na- OK, we’ll give you some more, now you wring our hands and express self-doubt tions. But they have reasons for per- can’t. The Commander in Chief cannot about what we are doing but to sol- haps not wanting to confront Iraq. operate that way. That is why last De- emnly weigh all of the factors, make a Russia has a lot of money tied up in cember we said we will vote to give the judgment to support the President in Iraq in debts that are owed to Russia. authority. Don’t vote for it if you don’t his judgment, and then support those It wants to see those debts repaid. think he should exercise that. Many of troops when they are called upon to

VerDate Mar 15 2010 22:09 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 0637 Sfmt 0634 E:\2003SENATE\S30JA3.REC S30JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1764 CONGRESSIONAL RECORD — SENATE January 30, 2003 act. That is the best way we can repay mament which was demanded of him and find the proverbial needle in the hay- those who are willing to make that su- which he needs to carry out to win the con- stack; that they are there to be Sher- preme sacrifice for that willingness on fidence of the world and live in peace. lock Holmes when, of course, that is their part. Mr. SANTORUM. Mr. President, I not their mission. Their mission there I solemnly hope as we debate these would say to my colleague that when is not as detectives. They are inspec- issues, we can do so in that spirit, in we voted on this resolution in Sep- tors. I use the example of someone who the spirit of the sacrifice our troops are tember there were no weapons inspec- runs a gas station. Someone from the willing to make, and that the debate be tors in the country. There was not even Bureau of Weights and Measures comes as serious, as analytical, and as non- the prospect of weapons inspectors in in and determines whether your scales partisan as much as we can make that the country. I keep coming back to are operating correctly. Are you run- kind of debate, but when the time what has changed substantively. The ning a legitimate business? You show comes that every one of us will support fact that weapons inspectors haven’t them the record of what your pump is the President and our troops. found anything is a fact, but it is not pumping out in gas, and they check it The PRESIDING OFFICER. The Sen- relevant to what the debate was back to make sure it is valid. That is what ator from Pennsylvania is recognized. in September when we passed this reso- these inspectors are doing. If you are Mr. SANTORUM. Mr. President, I lution because there was not even the conducting illegal activities and si- want to pick up where the Senator prospect of weapons inspectors at that phoning off gas somewhere, they are from Arizona left off. time. The debate was clearly about the not going to find that by checking What has changed that would lead us fact that Saddam had weapons of mass whether your pump is working right. to have another debate on a resolution destruction and he had not come for- So that really is the case with these authorizing force? Since the last time ward to date and disclosed them. All inspectors, is it not, that they are we debated this issue here on the Sen- we have seen over the past few months there to check as to what Saddam is ate floor, I do not know if the Senator is more of the same. telling us where his weapons of mass from Arizona has any thoughts as to Mr. KYL. If I could respond to the destruction went, if they actually went what sort of things have changed. The Senator from Pennsylvania, some of there, or were destroyed. Since he has only thing I can think of which has the best evidence of what has changed not provided us any of that informa- changed is we have had weapons in- or what hasn’t changed comes from tion, it is very hard for them to be able spectors in the country and those Secretary Powell’s comments on the to find any smoking gun or deposit of weapons inspectors have been deceived. United Nations report. Here is what he weapons, when their job really isn’t to We did not have weapons inspectors in said: do that; it is just to validate what he is telling them. the country at the time we were debat- Iraq has been and continues to be in mate- Mr. KYL. Mr. President, I say to the ing this resolution in September of last rial breach of all its earlier obligations. We year. The only thing I can think of is are giving the resolution one more chance to Senator from Pennsylvania, that is exactly right. The analogy is a good one. the Senator from Massachusetts and Iraq. We put a firm list of conditions for Iraq It is somewhat similar to what Sec- others who wanted to debate this issue to meet and what they should allow the inspectors to do to assist them in disar- retary Powell has said. If I can find wanted to make the point that, Well, mament. Iraq’s time for disarmament is fast that, I will put it in the RECORD right weapons inspectors haven’t found any- coming to an end. here. thing, and maybe that has changed. Mr. SANTORUM. It seems to me But it is also interesting that not Remember, they weren’t in the country what Senator KENNEDY put forward is only is their job not to be a detective in the first place. what many in the press have put for- but, rather, to verify voluntary compli- We didn’t find anything in the first ward, which is really a change of expec- ance. But since the resolution, passed place when the U.N. took as a given tations and putting up, I would argue, by the Senate, authorizing the Presi- that he had these weapons of mass de- the straw man; that is, it is our obliga- dent to use force if necessary, here is struction. It was simply a matter of tion to show Saddam is not in compli- what has happened: The inspectors what he was going to declare and what ance by finding a weapon of mass de- have not have been able to interview he had done with them. He still hasn’t. any Iraqis in private. The inspectors From my perspective, I haven’t seen struction; the fact we haven’t found one is somehow a breach on our part, have still not received from Iraq a full any change. We knew he had these list of Iraqi personnel involved with weapons. The President detailed them or a problem; and a level of evidence we haven’t been able to meet. Of the WMD programs. The inspectors the other night. He hasn’t disclosed have not been able to employ aerial what he has done with these weapons, course, just the opposite is true. As the Senator from Arizona just read, it is surveillance. They will not guarantee which is pretty status quo. the safety of the U–2 planes. In fact, When we were debating in Sep- his obligation to prove he is in compliance, not our obligation to prove he is they shoot at our pilots every day as tember, we had had weapons inspectors we try to surveil their country. Inspec- who had been given the opportunity to not in compliance. Mr. KYL. If I may further respond to tors have caught Iraqis concealing top determine where these weapons were, secret information. Inspectors have and Saddam Hussein had not cooper- the Senator from Pennsylvania, this is not just our view, Secretary Powell’s evidence that Iraq has moved or hidden ated. items at sites just prior to inspection Mr. KYL. Mr. President, if I could review, or President Bush’s view. The letter we saw in today’s Wall Street Jour- visits. And, of course, Iraq did not pro- spond to the Senator from Pennsyl- vide a complete declaration of the vania, I don’t want to characterize nal by prestigious leaders in countries such as Great Britain, Portugal, Italy, WMD program as it is required to do. Senator KENNEDY’s response to that. and the Czech Republic said this: So as to the question of what has He made his statement. The essence of changed with respect to inspections, it Resolution 1441 is Saddam Hussein’s last one of the things he said was things is all bad news, not good news. have changed since we debated this. chance to disarm using peaceful means. The opportunity to avoid greater confrontation Mr. SANTORUM. The fact of the From his perspective, he said things rests with him. Sadly, this week, the U.N. matter is, nothing has changed from have changed. One of the things he said weapons inspectors have confirmed that his the inspections that occurred prior to was inspectors had not been able to long established pattern of deception, denial, the debate here in the Senate back in find anything. and noncompliance with U.N. Security Coun- September. So I really question what I would respond to that in two quick cil resolution is continuing. We cannot allow the motivation is of having this debate ways. a dictator to systematically violate those again when, on a substantive basis, First of all, the U.N. inspectors have resolutions. nothing has changed, other than con- determined Iraq is not voluntarily dis- Mr. SANTORUM. Another point that tinued and maybe even more explicit arming as required by United Nations is being made is these inspectors are deception on the part of Saddam Hus- Resolution 1441. Quoting Hans Blix, not finding anything, and that there is sein in hiding these weapons of mass head of the inspector team: this undercurrent of expectation that destruction. Iraq appears not to have come into genuine it is their role to be detected or inves- What has changed, I would argue, is acceptance—not even today—of disar- tigated; that they are over there to the United States and our coalition

VerDate Mar 15 2010 22:09 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 0637 Sfmt 0634 E:\2003SENATE\S30JA3.REC S30JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 30, 2003 CONGRESSIONAL RECORD — SENATE S1765 partners have moved forward in a plan that could contain chemical and bio- those who have taken to the streets, of deployment to convince Saddam we logical weapons. They stumbled onto who have demonstrated, risked their are serious, that if he does not comply, them. It just tells you how many of lives in a commitment to democracy. and comply quickly and completely, these things are probably lying around I was very pleased when President there will be action taken. where even inspectors who are not Bush, in his comments the night before As we had this debate on the floor— looking for them can stumble onto last, spoke to the situation in Iran and and one of the reasons many Members them. acknowledged there are two camps. here supported this resolution—it was So the basic point I am trying to There is a camp whose direction we do to make sure Saddam knew we were se- make is nothing has fundamentally not endorse, we do not support, but rious, we were going to follow through changed, except two things: No. 1, more strongly differ with. But there are a lot with what we said we would do, and the of the same; more of the same; Saddam of good people in that country who are President had the support of the Amer- Hussein is not disarming and he is not trying to do the right thing for them- ican public, thereby making it a cred- cooperating, which he is required to do selves in a way we would welcome as ible threat, giving—I heard this over under the United Nations resolution. they seek to restore civil liberties, and over—giving peace the best chance That has not changed. And the threat human liberties, human rights, and to by letting Saddam know the certainty to the United States as a result has not infuse a true democracy in that coun- of his noncompliance. changed. That was a threat when we try. Mr. KYL. Might I just make one final debated this in September. It is a There are a lot of people in that comment to the Senator from Pennsyl- threat today. So those things have not country who, frankly, like this coun- vania? changed. try. On the heels on 9/11, and a time or Mr. SANTORUM. Please. One thing has changed: We have two since, we have heard of sponta- Mr. KYL. I did find what I was look- begun, along with our coalition part- neous and organized demonstrations ing for. The Senator has made exactly ners, to begin to deploy force in the re- there where a number of people have the right point. Inspectors can verify gion with the express purpose of giving expressed their sympathy with what we someone who wants to be in voluntary Saddam every opportunity to under- have suffered as a result of 9/11. compliance, but inspectors cannot find stand the seriousness of our commit- Those are just a few aspects of the something you are trying to hide. Two ment. We should not at this time back President’s speech in which I found comments. Secretary Wolfowitz said, down from that commitment. favor. on January 23: I yield the floor. There were a couple others that I It is not the job of inspectors to disarm The PRESIDING OFFICER. The Sen- thought were missing. Delaware is a Iraq. It is Iraq’s job to disarm itself. What ator from Delaware. State where we have had a remarkably inspectors can do is confirm that a country Mr. CARPER. Mr. President, I ask strong economy. Our unemployment has willingly disarmed and provide verifiable unanimous consent to be recognized for rate today is about 4 percent, which evidence that it has done so. 15 minutes. compares very favorably with other Then Secretary Powell had said this The PRESIDING OFFICER. Without parts of America. I am not sure what in the Washington Post a week ago: objection, it is so ordered. the situation is in Montana, home of The question isn’t how much longer do you f our Presiding Officer. Some States need for inspectors to work. Inspections will have unemployment rates of 6, 7, not work. THE PRESIDENT’S STATE OF THE maybe 8 percent. We have a million or Mr. SANTORUM. Yes. The term I use UNION ADDRESS more people who don’t have a job today over and over again is that these are Mr. CARPER. Mr. President, I have a than we did a year or so ago. I was dis- inspectors, not investigators. These are couple comments. First, on the heels of appointed in the President’s decision not detectives. This concept that in- what has been said by our friends on not to acknowledge that these are spectors will find a smoking gun is ab- the other side, a little more than 24 tough times for a lot of States finan- surd. It is absurd. They will not be- hours ago we listened as the President cially, that the cumulative deficits cause they are not looking for a smok- addressed our Nation and shared with faced by the States this year are in the ing gun. It is not their mission to find us how he thinks we are doing and how tens of billions of dollars, actually get- a smoking gun. They are there, as the he thinks we could do better. ting bigger, not smaller, as the year Senator from Arizona quoted our peo- I thought it was, for the most part, a goes forward. ple at the Defense Department—Paul good speech, well delivered. There were Some in this body think we should Wolfowitz—they are there to determine a number of aspects of the address I es- write out a check and provide revenue whether Saddam is telling us the truth pecially welcomed. As a former Gov- sharing for the States. I was never a in the information he has given us. ernor of Delaware, who has been a men- big advocate for revenue sharing when Since he has not given us any informa- tor for over 5 years, and who went out I was a Member of the House or as a tion as to what he has done with his and recruited 10,000 mentors in our Governor for 8 years. I am not a huge weapons of mass destruction, it is very State, I especially appreciated his rec- advocate of revenue sharing today. Un- difficult for them to determine wheth- ognition for the importance of the fortunately, we actually don’t have a er he is telling the truth. roles of mentors in young people’s lives whole lot of revenues to share these So this whole concept, No. 1, that the and the call for other Americans to days, given the kind of budget deficits burden of proof is on the United States mentor children in their own commu- we face. But there are a couple of ways of America or on the United Nations or nities. we might want to consider helping the on these weapons inspectors to find I very much appreciated his, I be- States. I will just mention three. I will what Saddam has is false. And the ex- lieve, sincere commitment toward ral- certainly pursue those with the admin- pectation that there is some smoking lying the United States to help fight istration and my colleagues. gun we must show Members of the Sen- the AIDS epidemic in Africa and to put No. 1, States are getting killed on ate, people in America, or people our money where our mouths are. Medicaid costs. As unemployment goes around the world, as some countries A year or so ago we sat just down the up, people are losing health care and have indicated, is absurd on its face. Hall in the House Chamber and the more people are showing up asking for Certainly, the countries that are in- President talked about an axis of evil coverage under Medicaid, health care volved in this action and have been in- in which he included North Korea, Iraq, for low-income and unemployed people. volved in these negotiations at the and Iran. I had some difference with There is a formula called the FMAP United Nations know it. They know what he said, particularly dealing with formula that specifies what percentage these inspectors are not there to find a Iran. He simply seemed to lump all the of Medicaid is paid by the Federal Gov- smoking gun, are not there to find Iranians together, whether they hap- ernment and what percentage is paid weapons of mass destruction. That is pen to be the ruling clerics, who are by the States. It varies from State to not what they are there to do. squashing human liberties, civil rights State. For my State, the Feds pay They happened to stumble onto 16 in that country, or whether they hap- roughly half and the State pays half of warheads that could use chemicals, pen to be many of the younger people, Medicaid costs. In some cases, the

VerDate Mar 15 2010 22:09 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 0637 Sfmt 0634 E:\2003SENATE\S30JA3.REC S30JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1766 CONGRESSIONAL RECORD — SENATE January 30, 2003 States pay less, in some cases maybe a ago that they were actually going in and economics, study our banking sys- bit more. the right direction. Starting in 1998 tem, and who run companies, have said We ought to change that formula for and 1999, 2000 and 2001, we actually had is, more than a tax cut right now to get a year or two, as the States try to get budget surpluses for the first time our economy moving, more than a on their feet and provide a little bit since 1969. I don’t recall, hearing the spending package to get our economy more help—not forever, not perma- President’s State of the Union Mes- moving, we need to get rid of the un- nently, but to make a modification for sage, his mentioning the issue of budg- certainty we face, not so much here at a year or two in the share of the Med- et deficits or trade deficits. If he did, I home, although the threat of terrorism icaid cost we are willing to bear, not by missed it. But to be honest with the is part of it, but around the world. 10, 20 percent, but by a couple of per- American people and ourselves, they The President spent a lot of time cent. are important. They are problems. talking about uncertainty—with re- Another area where we can help They are concerns. They need to be ad- spect to North Korea, an effort to pur- States—and it has a lot to do with dressed. sue a diplomatic solution, which I be- doing what is right and also what is in The President, in an effort to try to lieve is the right approach, and then the best long-term economic interest— get the economy moving again, has with respect to Iraq, the approach he is making sure we fully fund No Child said what we ought to do is cut taxes. spoke to and which has been discussed Left Behind, something we debated at He has laid out a proposal for doing here today. For myself, the weapons of some length just last week. States that, with getting rid of the double mass destruction that Iraq and Saddam don’t need unfunded mandates. As taxation of dividend income. In theory, Hussein had just a few years ago, in the their revenues are dropping, most it is not a bad idea, although his ap- late 1990s, acknowledged they had a few States have adopted basic standards for proach is one I am not sure is the best. years ago, I believe they still have. math, science, English, and social stud- It may make more sense to let busi- They have them hidden. They have not ies, and they are measuring student nesses expense their dividend payments reported them. They have not de- progress towards those standards. as they do interest payments, if they stroyed them. I believe they have States are under pressure to cut back are interested in getting rid of this im- them. on the extra learning time they put in balance that is favored toward debt by The question is: What do we do to get place. They are under pressure to cut companies. But I don’t want to quarrel rid of them? Take them away from back on the funding they are providing with that. Saddam Hussein, and his ability to de- for Head Start and early childhood edu- We have cut taxes two times now: liver them in the region or outside that cation. 2001, a large tax cut; 2002, a smaller tax region? It is important for us to make sure cut bill. It is like the quarterback or On this one, we may have a difference we meet our commitment for funding the coach who is calling a play. The of opinion, although I am not sure just No Child Left Behind, so as the States President called the play in 2001: We how broad those differences are. I struggle to come up with the money to have an economy that is not doing heard the President talk about his repay for a whole host of costs, at least well; let’s cut taxes. The economy is quest of Colin Powell to go to the we are meeting our side of the bargain not doing well; let’s cut taxes in 2002. United Nations on February 5 and give for funding education. The economy is still not doing well; an address with respect to what we be- One other area the President spoke let’s cut taxes again in 2003. lieve we ought to do, given the early to, at least indirectly, was State and As a former Governor, I used to cut results from the inspections, what we local frontline defenders—police, para- taxes fairly regularly in my State. We should do next at the United Nations, medics, fire, and others—when we have cut them for 7 out of the 8 years I was the Security Council, for our country. privileged to be Governor. But we also our next terrorist attack. Unfortu- Sitting in the House Chamber, I cut taxes in a way that was consistent nately, we probably will. The people heard the President say he is going to with a balanced budget, in a way that who will be confronted with that ini- send the Secretary of State over to the was balanced, fair, and equitable. We tiative aren’t so much those of us here United Nations on February 5 to give cut taxes in a way that we believed in Washington; it is going to be the cop an address. I wonder if this is going to would stimulate the economy, the eco- on the beat, the paramedic on duty, the be like something that happened about nomic development and creation of fire station that gets the call; they are 40 years ago when John Kennedy was jobs. We had a litmus test. A similar going to be among the first. our President and he sent Adlai Ste- It is important that we do what we litmus test needs to be applied to this venson, Ambassador to the United Na- can and need to, working through our proposal. Will it stimulate the econ- tions, as we were working on another new Department of Homeland Security omy in the near term? Is it consistent and funding the problems we have au- with a balanced budget over the long potential military altercation, this one thorized, listening to the States where haul? Is it broad based, equitable? And a very serious one between the United they believe their need is the greatest, is there anything in there to help the States and the Soviet Union, as we be- and be responsive to that. States as a result of passing those tax lieved the Soviets were introducing in- Yesterday, the Congressional Budget cuts in 2001 and 2002? because so many termediate-range ballistic missiles into Office, on the heels of the President’s State budgets or State tax laws piggy- Cuba which could target the United State of the Union Message, brought up back on Federal tax laws. They are States. We asserted this was what the a subject that he did not; that is, the interconnected. When we cut Federal Soviets were trying to do. They denied size of our budget deficit. The Presi- taxes, we also cut States taxes. As they it. We attempted to gain intelligence dent did not bring up the size of our are struggling to make ends meet, we information, which was difficult to trade deficit either. The size of the Na- are prepared to cut taxes again, an- come by. Finally, we hit pay dirt. In- tion’s trade deficit last month was other $4 or $5 billion added to an al- telligence flights over Cuba captured about $40 billion. It wasn’t that long ready heavy burden for States. not only missiles but the site prepara- ago, if we had had a trade deficit of $40 I have talked of late with a lot of tion that was on going. Our U.N. Am- billion for 1 year, not 1 month, people business leaders in my State, and they bassador, Adlai Stevenson, presented would have been alarmed. A lot of acknowledge that the idea of elimi- that information to his colleagues at alarms would have gone off in this city nating the double taxation of dividends the U.N. in one of the most famous ex- and around the country. Our trade def- is probably the right thing to do. Intel- changes I have ever heard at the U.N. icit last month was $40 billion. Our lectually, a number of them have When the Soviet Ambassador was con- trade deficit last year reached close to said—and I agree in the context of fronted with these photographs of all $400 billion. It has been a long time overall tax reform—it may make sense. this material, larger and larger photo- since we had a surplus on the trade Doing it just on its own to stimulate graphs, he said he needed more time to side—far too long. But the numbers are the economy maybe doesn’t. At least it understand the translation of the accu- going in the wrong direction. We need won’t have the kind of near-term effect sations coming from our Ambassador. to be mindful of that and concerned. for which many would hope. He said he needed more time to under- The budget deficit numbers are going What a number of people a whole lot stand what he was hearing through the the wrong way, too. It wasn’t that long smarter than I, who study the economy earphones. Adlai Stevenson said, ‘‘You

VerDate Mar 15 2010 22:09 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 0637 Sfmt 0634 E:\2003SENATE\S30JA3.REC S30JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 30, 2003 CONGRESSIONAL RECORD — SENATE S1767 know what I am saying, and you know to continue to be patient and share our occurred, there has also been a parallel what these pictures say, and I will wait intelligence with the inspectors and effort going on through the U.N. to as- until hell freezes over.’’ give them the best information for certain what weapons of mass destruc- That is a long time, until hell freezes them to do their job on the ground. tion Saddam Hussein holds, where over. I am not going to suggest we I thank the Chair for the time. I look those weapons are located, and what should wait that long for the Iraqis to forward to yielding back whatever time threat those weapons pose to his neigh- fess up and turn over and enable to be I have and hearing from my friend and bors and to other free nations. destroyed that which I think they colleague from New Mexico. We have come to a difficult decision clearly harbor. But I hope, just as the The PRESIDING OFFICER. The Sen- point. The Pentagon is advising the President of 40 years ago chose to con- ator from New Mexico is recognized. President that military preparations tinue to work through the U.N., this Mr. BINGAMAN. Mr. President, I ask are nearly complete. The President President will do so as well. unanimous consent that I be permitted must decide whether this country Going back to the economy, the best to speak for up to 15 minutes. should proceed militarily in the next thing we can do to get the economy The PRESIDING OFFICER. Without few weeks or whether we should con- moving is to eliminate all this uncer- objection, it is so ordered. tinue to support the efforts of U.N. in- tainty that flows out of Iraq—hope- f spectors to carry out the instructions fully, peacefully, but in the end, if need that were given them by the U.N. Secu- THE SITUATION IN IRAQ be, through war. Hopefully, we can do rity Council, on which we sit. it without going to war. If it is nec- Mr. BINGAMAN. Mr. President, as I In my view, the President should essary, we should be prepared to do understood the President in his State allow the U.N. inspectors to continue that. I have said all along, one of the of the Union speech earlier this week, their work. If they are denied access to reasons we were so effective in the Per- it is his intention to begin military ac- sites they wish to inspect, then the use sian Gulf war—which I supported as a tion against Iraq sometime in the near of military force will be justified. If House Member and voted for as a House future. That stated intention of the they find substantial evidence of a Member—I think one of the reasons we President causes me some grave con- weapons program that threatens Iraq’s were successful there, and in Afghani- cern, and I wanted to come to the Sen- neighbors, then we should join with stan, is we didn’t do it by ourselves. It ate floor today and express that con- those neighbors in eliminating that was not just unilaterally, us by our- cern. threat. But up until this date, up until selves. We led an armada of nations. If Let me begin by stating the propo- today, neither of these circumstances there is to be a military altercation, sitions with which we all agree. First, prevails. The inspectors themselves our chances for success are better en- I think we all agree Saddam Hussein is have so stated, and they have asked for hanced if we do not do it alone and if a brutal despot who has terrorized his additional time to complete their we have the blessing of the U.N. and if own people and has threatened his work. we have broad-based military support neighboring States for many years. The decision the President makes on from around the globe. I worry about Second, whether or not Saddam Hus- going to war with Iraq will be the first the human cost to our soldiers, sailors, sein has weapons of mass destruction test of the new National Security and airmen in a war. We are going to in a readily usable form at this time, Strategy that was issued by the White win and, I think, without a great deal we must assume that given the oppor- House in September of last year. In of difficulty. Taking the cities might tunity he will obtain those weapons. that document, the President acknowl- be a lot more dangerous, and we face a Third, it is very much in our interest edges that the legitimacy of preemp- threat from the biological and chem- as a Nation, and in the interest of our tive military action depends ‘‘on the ical weapons he has. Hopefully, we will allies, that Saddam Hussein be pre- existence of an imminent threat.’’ win without a huge cost in lives. vented from acquiring or maintaining Right after that statement appears The financial cost will be lowered if those weapons. in this document, however, the docu- we have others by our side. What I am But the question before the country ment speaks of ‘‘adapting the concept concerned about maybe more than any- today is narrower than these propo- of imminent threat.’’ How much adap- thing is the cost of the postwar, the sitions. The question before the coun- tation of that concept is wise? How morning after, when we help try to put try is whether we should cut short the much adaptation of that concept Humpty-Dumpty back together in a inspection process that is currently un- makes sense for ourselves and our al- country that has no democratic mem- derway. The U.N. inspection process is lies as a precedent for the future? ory or institutions, a lot of dissenting a process that we rightly insisted upon This National Security Strategy doc- voices and ethnic groups—pulling them in our earlier deliberations with the ument that the administration issued together and trying to help them be- Security Council. So the question is in September of last year goes on to come a democracy. It is going to take whether we should cut short that in- talk about our willingness as a nation time, money, and a lot of patience. I spection process and begin a military to take military action to preempt don’t want the U.S. to be doing that by action to remove Saddam Hussein and emerging threats. Here the President is itself. his regime from power. contemplating, in the circumstance be- How does all this fit into the econ- The President has moved aggres- fore us today, military action not to omy? We can offer businesses all kinds sively to prepare this Nation for war. meet a specific identified military of tax incentives to make investments The total number of personnel who threat but to depose a hostile govern- and other decisions. When they are have been either ordered to deploy, or ment, even though no imminent mili- faced with uncertainty, they are not who have been put on alert to do so, is tary threat has been identified. going to make the kind of investments roughly 148,000. There are roughly In his State of the Union Address, the we want them to make and they ought 23,000 marines en route to the Persian President framed the issue as being to be making. The sooner we can re- Gulf aboard three major task forces. whether ‘‘war is forced upon us.’’ He solve—hopefully peacefully and, if not, There are roughly 25,000 sailors and stated that, ‘‘If war is forced upon us, through the use of force—the situation aviators attached to the various car- we will fight with the full force and in the Middle East, I think that prob- rier battle groups and amphibious task might of the U.S. military—and we will ably augurs better for the economy. forces that are either en route to the prevail.’’ I, and I am sure most Ameri- Having said that, let’s be careful in region, on standby, or are on surge sta- cans, agree with that statement. But in our rush to judgment and keep in mind tus. These forces include some 175 air- my view, as of this date, war has not that our chances for early success, and craft of all types and over 1,000 VLS been forced upon us. It is not credible for reducing the loss of life to Ameri- launch tubes carrying nearly 500 cruise for us to assert as a nation that war cans, and our chances for reducing out- missiles. has been forced upon us. of-pocket costs for the war and the So steps have been taken to prepare The U.N. inspection process proceeds. postwar occupation are diminished if us militarily for war. Today, we are, If there is evidence of an imminent we have a lot of others with us. Espe- simply put, on the brink of war. But threat that requires us to take preemp- cially in the next few weeks, we need while these military preparations have tive military action, I have not seen

VerDate Mar 15 2010 22:09 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 0637 Sfmt 0634 E:\2003SENATE\S30JA3.REC S30JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1768 CONGRESSIONAL RECORD — SENATE January 30, 2003 that evidence. Many Americans and tack on Kuwait—which included large-scale After its initial gains, Iraq was on the defen- many of our allies also have been intelligence sharing, supply of cluster bombs sive, and Iranian troops had advanced to unpersuaded by the evidence they have through a Chilean front company, and facili- within a few miles of Basra, Iraq’s second tating Iraq’s acquisition of chemical and bio- largest city. U.S. intelligence information seen. logical precursors—is a topical example of suggested the Iranians might achieve a The more willing we are to assert the the underside of U.S. foreign policy. It is a breakthrough on the Basra front, desta- right to start a war to change the gov- world in which deals can be struck with dic- bilizing Kuwait, the Gulf states, and even ernment of a sovereign state, the more tators, human rights violations sometimes Saudi Arabia, thereby threatening U.S. oil we risk encouraging preemptive action overlooked, and accommodations made with supplies. by other nations against governments arms proliferators, all on the principle that ‘‘You have to understand the geostrategic they wish to depose. And the less we the ‘‘enemy of my enemy is my friend.’’ context, which was very different from where we are now,’’ said Howard Teicher, a former need to identify an imminent threat Throughout the 1980s, Hussein’s Iraq was the sworn enemy of Iran, then still in the throes National Security Council official, who before beginning a war, the more we of an Islamic revolution. U.S. officials saw worked on Iraqi policy during the Reagan ad- undermine efforts to avoid unprovoked Baghdad as a bulwark against militant Shi- ministration. ‘‘Realpolitik dictated that we conflict in the future. ite extremism and the fall of pro-American act to prevent the situation from getting The President was right to go to the states such as Kuwait, Saudi Arabia, and worse.’’ United Nations and to insist that U.N. even Jordan—a Middle East version of the To prevent an Iraqi collapse, the Reagan inspectors return to Iraq. His latest de- ‘‘domino theory’’ in Southeast Asia. That administration supplied battlefield intelligence on Iranian troop buildups to the cision to send Secretary Powell to the was enough to turn Hussein into a strategic partner and for U.S. diplomats in Baghdad to Iraqis, sometimes through third parties such Security Council to present evidence of routinely refer to Iraqi forces as ‘‘the good as Saudi Arabia. The U.S. tilt toward Iraq the threat posed by Iraq is also proper, guys,’’ in contrast to the Iranians, who were was enshrined in National Security Decision and I look forward to hearing what depicted as ‘‘the bad guys.’’ Directive 114 of Nov. 26, 1983, one of the few that evidence is. But unless that evi- A review of thousands of declassified gov- important Reagan era foreign policy deci- dence demonstrates a threat that re- ernment documents and interviews with sions that still remains classified. According quires military action now, the wise former policymakers shows that U.S. intel- to former U.S. officials, the directive stated that the United States would do ‘‘whatever course is for us to hold off on that mili- ligence and logistical and support a crucial role in shoring up Iraqi defenses against the was necessary and legal’’ to prevent Iraq tary action and allow the U.N. inspec- ‘‘human wave’’ attacks by suicidal Iranian from losing the war with Iran. tors to do their work. troops. The administrations of Ronald The presidential directive was issued amid Mr. President, I yield the floor. Reagan and George H.W. Bush authorized the a flurry of reports that Iraqi forces were The PRESIDING OFFICER. The Sen- sale to Iraq of numerous items that had both using chemical weapons in their attempts to ator from South Dakota. military and civilian applications, including hold back the Iranians. In principle, Wash- Mr. JOHNSON. Mr. President, I rise poisonous chemicals and deadly biological ington was strongly opposed to chemical warfare, a practice outlawed by the 1925 Ge- to share with my colleagues my very viruses, such as anthrax and bubonic plague. Opinions differ among Middle East experts neva Protocol. In practice, U.S. condemna- great concern over ties between Iraq’s and former government officials about the tion of Iraqi use of chemical weapons ranked probable possession of biological and pre-Iraqi tilt, and whether Washington could relatively low on the scale of administration chemical weapons and the potentially have done more to stop the flow to Baghdad priorities, particularly compared with the catastrophic actions taken by the of technology for building weapons of mass all-important goal of preventing an Iranian Reagan and Bush, Sr., administrations, destruction. victory. including the active assistance of then ‘‘It was a horrible mistake then, but we Thus, on Nov. 1, 1983, a senior State De- have got it right now,’’ says Kenneth M. Pol- partment official, Jonathan T. Howe, told ‘‘special envoy’’ and now Secretary of lack, a former CIA military analyst and au- Secretary of State George P. Shultz that in- Defense Donald Rumsfeld. This arming thor of ‘‘The Threatening Storm,’’ which telligence reports showed that Iraqi troops of Saddam Hussein with weapons of makes the case for war with Iraq. ‘‘My fellow were resorting to ‘‘almost daily use of CW’’ mass destruction by the Reagan and [CIA] analysts and I were warning at the against the Iranians. But the Reagan admin- Bush, Sr., administrations has now time that Hussein was a very nasty char- istration had already committed itself to a been disclosed from what were pre- acter. We were constantly fighting the State large-scale diplomatic and political overture viously classified documents, as re- Department.’’ to Baghdad, culminating in several visits by ‘‘Fundamentally, the policy was justified,’’ the president’s recently appointed special ported recently by the Washington argues David Newton, a former U.S. ambas- envoy to the Middle East, Donald H. Rums- Post. sador to Baghdad, who runs an anti-Hussein feld. I ask unanimous consent that the radio station in Prague. ‘‘We were concerned Secret talking points prepared for the first Washington Post article be printed in that Iraq should not lose the war with Iran, Rumsfeld visit to Baghdad enshrined some of the RECORD. because that would have threatened Saudi the language from NSDD 114, including the There being no objection, the mate- Arabia and the Gulf. Our long-term hope was statement that the United States would re- rial was ordered to be printed in the that Hussein’s government would become gard ‘‘any major reversal of Iraq’s fortunes less repressive and more responsible.’’ as a strategic defeat for the West.’’ When RECORD, as follows: What makes present-day Hussein different Rumsfeld finally met with Hussein on Dec. [From the Washington Post, Dec. 30, 2002] from the Hussein of the 1980s, say Middle 20, he told the Iraqi leader that Washington U.S. HAD KEY ROLE IN IRAQ BUILDUP; TRADE East experts, is the mellowing of the Iranian was ready for a resumption of full diplomatic IN CHEMICAL ARMS ALLOWED DESPITE THEIR revolution and the August 1990 invasion of relations, according to a State Department USE ON IRANIANS, KURDS Kuwait that transformed the Iraqi dictator, report of the conversation. Iraqi leaders (By Michael Dobbs) almost overnight, from awkward ally into later described themselves as ‘‘extremely mortal enemy. In addition, the United States pleased’’ with the Rumsfeld visit, which had High on the Bush administration’s list of itself has changed. As a result of the Sept. ‘‘elevated U.S.-Iraqi relations to a new justifications for war against Iraq are Presi- 11, 2001 terrorist attacks on New York and level.’’ dent Saddam Hussein’s use of chemical weap- Washington, U.S. policymakers take a much In a September interview with CNN, Rums- ons, nuclear and biological programs, and his more alarmist view of the threat posed by feld said he ‘‘cautioned’’ Hussein about the contacts with international terrorists. What the proliferation of weapons of mass destruc- use of chemical weapons, a claim at odds U.S. officials rarely acknowledge is that tion. with declassified State Department notes of these offenses date back to a period when When the Iran-Iraq war began in Sep- his 90-minute meeting with the Iraqi leader. Hussein was seen in Washington as a valued tember 1980, with an Iraqi attack across the A Pentagon spokesman, Brian Whitman, now ally. Shatt al Arab waterway that leads to the says that Rumsfeld raised the issue not with Among the people instrumental in tilting Persian Gulf, the United States was a by- Hussein, but with Iraqi foreign minister U.S. policy toward Baghdad during the 1980– stander. The United States did not have dip- Tariq Aziz. The State Department notes 88 Iran-Iraq war was Donald H. Rumsfeld, lomatic relations with either Baghdad or Te- show that he mentioned it largely in passing now defense secretary, whose December 1983 heran. U.S. officials had almost as little as one of several matters that ‘‘inhibited’’ meeting with Hussein as a special presi- sympathy for Hussein’s dictatorial brand of U.S. efforts to assist Iraq. dential envoy paved the way for normaliza- Arab nationalism as for the Islamic fun- Rumsfeld has also said he had ‘‘nothing to tion of U.S.-Iraqi relations. Declassified doc- damentalism espoused by Iran’s Ayatollah do’’ with helping Iraq in its war against Iran. uments show that Rumsfeld traveled to Ruhollah Khomeini. As long as the two coun- Although former U.S. officials agree that Baghdad at a time when Iraq was using tries fought their way to a stalemate, no- Rumsfeld was not one of the architects of chemical weapons on an ‘‘almost daily’’ basis body in Washington was disposed to inter- the Reagan administration’s tilt toward in defiance of international conventions. vene. Iraq—he was a private citizen when he was The story of U.S. involvement with Sad- By the summer of 1982, however, the stra- appointed Middle East envoy—the docu- dam Hussein in the years before his 1990 at- tegic picture had changed dramatically. ments show that his visits to Baghdad led to

VerDate Mar 15 2010 22:09 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 0637 Sfmt 0634 E:\2003SENATE\S30JA3.REC S30JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 30, 2003 CONGRESSIONAL RECORD — SENATE S1769 closer U.S.-Iraqi cooperation on a wide vari- that can have military and civilian applica- dence that the pesticides were ‘‘highly ety of fronts. Washington was willing to re- tions. According to several former officials, toxic’’ to humans and would cause death sume diplomatic relations immediately, but the State and Commerce departments pro- ‘‘from asphyxiation.’’ Hussein insisted on delaying such a step moted trade in such items as a way to boost The U.S. policy of cultivating Hussein as a until the following year. U.S. exports and acquire political leverage moderate and reasonable Arab leader contin- As part of its opening to Baghdad, the over Hussein. ued right up until he invaded Kuwait in Au- Reagan administration removed Iraq from When United Nations weapons inspectors gust 1990, documents show. When the then- the State Department terrorism list in Feb- were allowed into Iraq after the 1991 Gulf U.S. ambassador to Baghdad, April Glaspie, ruary 1982, despite heated objections from War, they compiled long lists of chemicals, met with Hussein on July 25, 1990, a week be- Congress. Without such a move, Teicher missile components, and computers from fore the Iraqi attack on Kuwait, she assured says, it would have been ‘‘impossible to take American suppliers, including such house- him that Bush ‘‘wanted better and deeper re- even the modest steps we were contem- hold names as Union Carbide and Honeywell, lations,’’ according to an Iraqi transcript of plating’’ to channel assistance to Baghdad. which were being used for military purposes. the conversation. ‘‘President Bush is an in- Iraq—along with Syria, Libya and South A 1994 investigation by the Senate Banking telligent man,’’ the ambassador told Hus- Yemen—was one of four original countries Committee turned up dozens of biological sein, referring to the father of the current on the list, which was first drawn up in 1979. agents shipped to Iraq during the mid-’80s president. ‘‘He is not going to declare an eco- Some former U.S. officials say that remov- under license from the Commerce Depart- nomic war against Iraq.’’ ing Iraq from the terrorism list provided an ment, including various strains of anthrax, ‘‘Everybody was wrong in their assessment incentive to Hussein to expel the Palestinian subsequently identified by the Pentagon as a of Saddam,’’ said Joe Wilson, Glaspie’s guerrilla leader Abu Nidal from Baghdad in key component of the Iraqi biological war- former deputy at the U.S. embassy in Bagh- 1983. On the other hand, Iraq continued to fare program. The Commerce Department dad, and the last U.S. official to meet with play host to alleged terrorists throughout also approved the export of insecticides to Hussein. ‘‘Everybody in the Arab world told the ’80s. The most notable was Abu Abbas, Iraq, despite widespread suspicions that they us that the best way to deal with Saddam leader of the Palestine Liberation Front, were being used for chemical warfare. was to develop a set of economic and com- who found refuge in Baghdad after being ex- The fact that Iraq was using chemical mercial relationships that would have the ef- pelled from Tunis for masterminding the 1985 weapons was hardly a secret. In February fect of moderating his behavior. History will hijacking of the cruise ship Achille Lauro, 1984, an Iraqi military spokesman effectively demonstrate that this was a miscalcula- which resulted in the killing of an elderly acknowledged their use by issuing a chilling tion.’’ American tourist. warning to Iran. ‘‘The invaders should know Mr. JOHNSON. Mr. President, my While Rumsfeld was talking to Hussein and that for ever harmful insect, there is an in- Aziz in Baghdad, Iraqi diplomats and weap- secticide capable of annihilating it . . . and concern today is not to lay blame for ons merchants were fanning out across West- Iraq possesses this annihilation insecticide.’’ past decisions which now place every ern capitals for a diplomatic charm offen- In late 1987, the Iraqi air force began using American family, every American com- sive-cum-arms buying spree. In Washington, chemical agents against Kurdish resistance munity in very real jeopardy from the key figure was the Iraqi charg d’affaires, forces in northern Iraq that had formed a these weapons of mass destruction and Nizar Hamdoon, a fluent English speaker loose alliance with Iran, according to State which now give rise to the clear possi- who impressed Reagan administration offi- Department reports. The attacks, which bility, if not great likelihood, of war in were part of a ‘‘scorched earth’’ strategy to cials as one of the most skillful lobbyists in Iraq with its attendant costs in lives of town. eliminate rebel-controlled villages, provoked ‘‘He arrived with a blue shirt and a white outrage on Capitol Hill and renewed demands combatants and innocent civilians tie, straight out of the mafia,’’ recalled Geof- for sanctions against Iraq. The State Depart- alike. Rather, it is my concern that frey Kemp, a Middle East specialist in the ment and White House were also outraged— this Senate and this Nation clearly un- Reagan White House. ‘‘Within six months, he but not to the point of doing anything that derstand how we arrived at this point was hosting suave dinner parties at his resi- might seriously damage relations with Bagh- so that we might learn from our Na- dence, which he parlayed into a formidable dad. tion’s past tragic mistakes. lobbying effort. He was particularly effective ‘‘The U.S.-Iraqi relationship is . . . impor- As Mr. Michael Dobbs of the Wash- with the American Jewish community.’’ tant to our long-term political and economic One of Hamdoon’s favorite props, says objectives,’’ Assistant Secretary of State ington Post writes: Kemp, was a green Islamic scarf allegedly Richard W. Murphy wrote in a September The story of U.S. involvement with Sad- found on the body of an Iranian soldier. The 1988 memorandum that addressed the chem- dam Hussein in the years before his 1990 at- scarf was decorated with a map of the Middle ical weapons question. ‘‘We believe that eco- tack on Kuwait—which included large-scale East showing a series of arrows pointing to- nomic sanctions will be useless or counter- intelligence sharing, supply of cluster bombs ward Jerusalem. Hamdoon used to ‘‘parade productive to influence the Iraqis.’’ through a Chilean front company, and facili- the scarf’’ to conferences and congressional Bush administration spokesmen have cited tating Iraq’s acquisition of chemical and bio- hearings as proof that an Iranian victory Hussein’s use of chemical weapons ‘‘against logical precursors—is a topical example of over Iraq would result in ‘‘Israel becoming a his own people’’—and particularly the March the underside of U.S. foreign policy. It is a victim along with the Arabs.’’ 1988 attack on the Kurdish village of world in which deals can be struck with dic- According to a sworn court affidavit pre- Halabjah—to bolster their argument that his tators, human rights violations sometimes pared by Teicher in 1995, the United States regime presents a ‘‘grave and gathering dan- overlooked, and accommodations made with ‘‘actively supported the Iraqi war effort by ger’’ to the United States. arms proliferators. . . . supplying the Iraqis with billions of dollars The Iraqis continued to use chemical weap- The United States also provided bil- of credits, by providing military intelligence ons against the Iranians until the end of the lions of dollars in credits to help arm Iran-Iraq war. A U.S. air force intelligence and advice to the Iraqis, and by closely mon- Iraq, ostensibly to assist with its war itoring third country arms sales to Iraq to officer, Rick Francona, reported finding make sure Iraq had the military weaponry widespread use of Iraqi nerve gas when he at that time against Iran. required.’’ Teicher said in the affidavit that toured the Al Faw peninsula in southern Iraq The review of declassified documents former CIA director William Casey used a in the summer of 1988, after its recapture by and interviews with former policy- Chilean company, Cardoen, to supply Iraq the Iraqi army. The battlefield was littered makers: with cluster bombs that could be used to dis- with atropine injectors used by panicky Ira- reveals that the administrations of Ronald rupt the Iranian human wave attacks. nian troops as an antidote against Iraqi Reagan and George H. W. Bush authorized Teicher refuses to discuss the affidavit. nerve gas attacks. the sale to Iraq of numerous items that had At the same time the Reagan administra- Far from declining, the supply of U.S. mili- both military and civilian applications, in- tion was facilitating the supply of weapons tary intelligence to Iraq actually expanded cluding poisonous chemicals and deadly bio- and military components to Baghdad, it was in 1988, according to a 1999 book by Francna, logical viruses, such as anthrax and bubonic attempting to cut off supplies to Iran under ‘‘Ally to Adversary: an Eyewitness Account plague. ‘‘Operation Staunch.’’ Those efforts were of Iraq’s Fall from Grace,’’ Informed sources largely successful, despite the glaring anom- said much of the battlefield intelligence was Anthrax and bubonic plague from the aly of the 1986 Iran-contra scandal when the channeled to the Iraqis by the CIA office in United States to Iraq. White House publicly admitted trading arms Baghdad. The Reagan administration removed Iraq for hostages, in violation of the policy that Altough U.S. export controls to Iraq were from the State Department terrorism list in the United States was trying to impose on tightened up in the late 1980s, thee were still 1982 over the strong objections of Congress. the rest of the world. many loopholes. In December 1988, Dow Despite this delisting, Iraq continued Although U.S. arms manufacturers were Chemical sold $1.5 million of pesticides to throughout the 1980s to harbor terrorists, in- not as deeply involved as German or British Iraq, despite U.S. government concerns that cluding even Abu Abbas, leader of the Pales- companies in selling weaponry to Iraq, the they could be used as chemical warfare tinian Liberation Front. Reagan administration effectively turned a agents. An Export-Import Bank official re- The Reagan administration effectively blind eye to the export of ‘‘dual use’’ items ported in a memorandum that he could find turned a blind eye to the export of dual use such as chemical precursors and steel tubes ‘‘no reason’’ to stop the sale, despite evi- items such as chemical precursors and steel

VerDate Mar 15 2010 22:09 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 0637 Sfmt 0634 E:\2003SENATE\S30JA3.REC S30JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1770 CONGRESSIONAL RECORD — SENATE January 30, 2003 tubes that can have military and civilian ap- to the U.S. and the world. It may be it an identity like other natural disas- plications. . . . When United Nations weap- impossible for our Nation to avoid ters and to show that this drought, the ons inspectors were allowed into Iraq after reaping what is has sown in the past, same as a hurricane, required imme- the 1991 Gulf war, they compiled long lists of but this administration, this Congress diate emergency Federal assistance. chemicals, missile components, and com- Several of my colleagues wore puters from American suppliers. and the American people must be united now in committing never again Drought David ribbons that I distrib- Mr. President, sadly, there is no new to be even a unwitting instrument of uted to them to remind all Senators of precedent in our Government using our chemical, biological or nuclear terror the severe impact of the drought, and I citizens’ tax dollars to finance the pur- in the world. thank those who proudly wore them. chase of weaponry for antidemocratic, I yield the floor. Back home, the newspaper Journal antihuman rights, and unstable foreign The PRESIDING OFFICER. The Sen- Star in Lincoln thought my proposal to nations only to see their short-term ator from Alaska. name the drought was worth asking friendship disappear and to have them readers to submit their suggestions, f become enemies to the United States and many creative suggestions were and the Western World. What is truly EXTENSION OF MORNING submitted but one stood out. shocking here, however, is that the BUSINESS For Shannon Sutherland of Lincoln, very possession of chemical and bio- Mr. STEVENS. Mr. President, I ask the drought summons up thoughts of logical weapons of mass destruction, unanimous consent that morning busi- the devil in hell. Among her sugges- which is the justification for a new war ness be extended until the hour of 2 tions was ‘‘The Devil’s Bull’s Eye’’ in in Iraq and which places in jeopardy p.m., with the time equally divided be- reference to the drought maps looking the safety of American families, Amer- tween the majority and minority lead- like a bull’s eye right over Nebraska. ican communities, and American mili- ers or their designees, and that Mem- The Journal Star reported that on Monday. tary personnel, is, in large measure, bers be permitted to speak for up to 10 Shannon Sutherland is absolutely the consequence of decisions made by minutes each. the Reagan and Bush administrations. right. The Drought Monitor maps do The PRESIDING OFFICER. Without resemble a target with Nebraska in the As we speak, tens of thousands of objection, it is so ordered. U.S. gulf war veterans continue to suf- crosshairs, but our neighboring States f fer from exposure to chemical agents share the target, unfortunately. If we go look at this chart, if that is over a decade ago. We in Congress de- NOMINATION OF JOHN SNOW TO not a bull’s eye, I do not know what a bate whether and how to inoculate BE TREASURY SECRETARY bull’s eye would look like. Unfortu- hundreds of thousands, if not millions, Mr. STEVENS. Mr. President, I come nately, that bull’s eye is right over my of Americans to protect them from bio- to this Chamber to state my support hometown of McCook, NE. As we can logical weapons that their own Govern- for John Snow’s nomination as the see, that area has suffered the worst ment helped create in Iraq. Treasury Secretary. In the 20 years I drought conditions in the State of Ne- It is one thing that our Nation would have known John, I have found him to braska. have provided cluster bombs and con- be honest, capable, and up to the chal- We are not alone. The darkest brown ventional weaponry to Saddam Hus- lenge of heading our Nation’s Treasury is where the worst conditions are being sein—it no doubt seemed important Department. While John and I have not experienced, and even though this dis- and strategically helpful to the purpose always agreed on issues, I have never aster assistance was passed last week of stabilizing the Middle East during found him to be disagreeable. I am con- and is now over in the House, the the 1980’s. But how can members of this fident he will be a valuable member of drought continues. I think we have a Senate look members of our military the President’s Cabinet and will work tendency at times to think when we in the eye—and I include my own son, well with Members of Congress. have passed something, that takes care a sergeant in the 101st Airborne and a As a business leader, a public serv- of it. Well, first, it was inadequate to veteran of Bosnia, Kosovo and Afghani- ant, an academic, John has proven he take care of the past needs, and it cer- stan—and acknowledge that these past has the ability to lead our Nation’s tainly is not going to be adequate to administrations, albeit without con- economic recovery and spur economic take care of the additional needs. gressional knowledge or consent, al- growth. I look forward to working with Yet despite my efforts to raise aware- lowed Iraq to acquire the anthrax, and John on our Nation’s economic chal- ness—and others who have attempted bubonic plague viruses? lenges, and I urge a rapid report and to raise awareness—of this drought, The circumstance our Nation now consideration of his nomination. the Senate still could not manage to faces, from the threats of Iraqi weap- The PRESIDING OFFICER. The Sen- provide comprehensive drought assist- ons of mass destruction as well as the ator from Nebraska. ance. I have come today to give my fellow Senators another opportunity to possibility that these weapons have or f will fall into the hands of Al-Qaida or hear a message I received from one of other non-state terrorist organizations, DROUGHT ‘‘DAVID’’ my constituents, Bill Lueck of Arca- are to a great degree, circumstances of Mr. NELSON of Nebraska. Mr. Presi- dia, NE, in the central part of the our own making. Obviously, no Amer- dent, today I will address a different State. His words came in over the ican administration has ever supported subject than has been addressed this weekend. I spoke to him yesterday. His terrorism against our own people, morning. The Senate recently passed a words are a powerful reminder of how though interfering with Iraq’s use of disaster assistance package consisting the recent drought relief bill fell short. these weapons against many of its own of $3.1 billion to aid those affected by He said: people was apparently not a matter of the worst drought since the Dust Bowl I have some concerns over the current dis- first concern to the U.S. years of the 1930s. Some have referred aster portion of the omnibus appropriations bill. According to the information I got from The lesson should be clear—to the ex- to this package as drought disaster re- the farm bureau, they’re considering 42 per- tent that the U.S. arms the world, it lief. I cannot quite call it drought recent of AMTA payments to farmers. In our undertakes a risk that those weapons lief because it does not really provide area here we have irrigated producers who could be used against our own citizens. drought relief. It may provide some haven’t suffered a loss, who are going to get While helping proven democratic allies arid condition relief and some oasis as- an additional payment and in the western to defend themselves will always be a sistance, but I cannot bring myself to part of the State our cattle producers out legitimate role for the U.S., it is hard call it real drought relief, for two rea- here are hanging on by their fingers. I assumed when they didn’t consider the $6 bil- to imagine a lesson driven home more sons: No. 1, because $3.1 billion is inad- lion anymore and went to the $3.1 billion for profoundly than we find today that equate. It is not enough. No. 2, it does agriculture disaster aid that would go more arming non-democracies is a much not do enough for farmers and ranchers to livestock producers. We’ve got breeding greater risk, and arming non-democ- who are actually suffering the losses stock on wholesale bull sale that are down racies with weapons of chemical and bi- due to the devastating drought. $1,000 average per bull around here. ological warfare capability is an out- I decided to give the drought a name, To Bill Lueck, I say thank you. I rageous and utterly unacceptable risk and I gave it the name ‘‘David’’ to give could not have said it better myself. I

VerDate Mar 15 2010 22:09 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 0637 Sfmt 0634 E:\2003SENATE\S30JA3.REC S30JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 30, 2003 CONGRESSIONAL RECORD — SENATE S1771 could not have drawn the focus more package squanders scarce resources both with short-term and long-term narrowly than he did. A $3.1 billion and provides assistance to those who implications with tax cuts and other drought package to address the devas- actually need it. Farmers and ranchers economic incentives. I am sure I will tation of a drought this extensive in- in my State of Nebraska are not be supporting a number of those. How evitably leaves out people who need pleased. Nebraska, perhaps, is one of can we give a tax cut to farmers and help to make it through the disaster. the States hit hardest by Drought ranchers with no income? How can we The State of Nebraska will possibly David. For two years, we have suffered stand by and watch the agricultural receive about 8 percent of what we under dry conditions and dwindling sector of the economy wither under need. We asked for $6 billion; we got herds and crops. Some estimates say drought conditions? The best economic $3.1 billion. The way in which it is 20,000 of the remaining 55,000 Nebraska stimulus for a rural state such as Ne- being distributed to those who have se- family farms are likely to go under braska and many other States right vere needs and those who may have this year because of the drought. The now is a comprehensive rural develop- some needs but in a uniform manner drought is a crisis—like a tornado, a ment program coupled with real emer- robs those who really are most affected hurricane, a flood, or a fire—and the gency drought relief. Anything short of because they are going to be left with climatologists indicate there is no re- that will be a failure to our farmers, virtually nothing compared to what lief in sight and it may be moving in an our ranchers, and our Nation. they need. easterly direction. When it comes to making decisions, I Richard and Cecelia Carnes of Mar- Congressman OSBORNE has worked will come down on the side of Nebraska quette, NE, which is very close to Sar- tirelessly to provide comprehensive every time. If I have to choose between gent, in the middle part of the State as drought assistance. He left no stone the White House and the farmhouse, I well, also wrote to me regarding true unturned in his effort to find adequate choose the farmhouse. If I have to drought assistance. These two truly funding. He knocked on every door, he choose between the White House and represent the family farmer. They have made every phone call, did everything the Statehouse, I choose the State- been in the farming business for the that could be required of someone in house. If I have to choose between the last 40 years, with some of their land his position. But the message he re- White House and the schoolhouse, I having been in the family for over 100 ceived in return was that farmers and will choose the schoolhouse. If I have years. ranchers suffering from drought needed to choose between the White House and Richard and Cecelia are afraid of los- a budgetary offset to receive Federal the average family house in Nebraska ing their farm because of the drought. assistance. In the end, the Senate and throughout our country, I choose They are going to sell half of their cow version found an offset, but didn’t find the house of each and every Nebraskan herd to pay for the expenses they in- enough. and each and every American every curred during the drought last sum- But we are practical people in Ne- time. mer. The expenses are ongoing, even braska and around the country—$3.1 My point is the Congress is here to though the income is not forthcoming. billion is better than nothing; but it is make decisions, not just accept what is They have even gone so far as to invest not enough. Ask the people of this dictated as appropriate from the ad- their retirement savings into keeping country; people such as Bill Lueck and ministration. The case of agriculture their farm afloat, but without signifi- Richard and Cecelia Carnes, who have could not be a better example. Every cant Federal assistance they cannot seen this drought dry up their liveli- Member in the Senate knows very well, prevail, either in the short term or in hood, and they will tell you it is not better than any bureaucrat in the Of- the long term. enough. I hope my fellow Senator will fice of Management and Budget, what In their letter, they made a particu- is right for our States, our commu- join me in seeking to provide com- larly good point that I will express at nities, and our constituents. prehensive drought relief in this Con- this time: I yield the floor. gress. The PRESIDING OFFICER. The ma- This drought is affecting everyone in the Nebraska State climatologists re- country. Whenever there is a disaster for jority whip. cently predicted we are about to face a flooding, hurricanes, tornados, and snow- f storms the Government is there helping perfect drought this summer, sort of an right away. A drought is much worse since oxymoron, but I think it requires an COMMEMORATING DAVE HOPPE the farmer is the one producing the food for explanation. It is the worst of all fac- Mr. MCCONNELL. Mr. President, the country. tors converging. If our family farmers today marks the last day in Congress People might take issue with wheth- and ranchers are going to survive this of one of the most remarkable people I er a drought is worse than other disas- perfect drought, we must provide bet- have had the pleasure of meeting in my ters, but I do not think anybody would ter comprehensive drought relief now entire life, one of the most decent, disagree that a drought that adversely to take care of the past losses and pre- clearly one of the most outstanding in- affects the output of food is a disaster pare them for the bump ahead they are dividuals, and that is Dave Hoppe, who that we can ill afford. going to face. will be leaving Congress to go on to They concluded the letter by saying I have sent a letter to the House Ag- some other line of work after today. that everyone needs to try farming to riculture Committee, Chairman GOOD- We all got to know Dave as chief of truly understand what it is like. The LATTE, encouraging him to revisit the staff of Senator LOTT. He has labored Senate needs to realize the seriousness drought package. I know he is looking in the vineyards of the Senate and the of the problem and put themselves in very carefully at it. I would love to see House for 27 years. Without ego, with- the shoes of family farmers and ranch- the House pass a better drought assist- out a desire to go out and seek public ers like Richard and Cecelia. Perhaps ance bill, devoid of special interests, office, like many of us have done, Dave then we could provide real and substan- set-asides, devoid of wasteful payments Hoppe devoted himself to improving tial drought relief. to those who need it least, and one that America and to advancing the causes Yesterday, I spoke with my good provides real and comprehensive in which he believed by working friend and colleague TOM OSBORNE drought assistance to farmers and through elected officials. about some concerns raised by House ranchers who are teetering on the Dave is originally from Wisconsin. He members on the fairness of the drought brink of disappearing forever, never to graduated from Notre Dame in 1973. By package passed by the Senate. The return. We need to provide the most as- the way, his birthplace was Baraboo, Chairman of the House Agriculture sistance to those who need it most. Wisconsin, which also happens to be Committee indicated that the Senate In the State of the Union Address on the place where the Ringling Brothers plan would provide ‘‘relief’’ to farmers Tuesday, the President delivered a Barnum and Bailey circus began. and ranchers who suffered no losses. speech of 5,050 words. In that speech Dave came to Washington after grad- The package treats equally farmers the word agriculture never appeared. I uating from Notre Dame to have an im- and ranchers who did and did not suffer know he had a lot to say and he could pact on his country. As he ends his losses. not say everything. public service today, there is no ques- That’s right. In a time of budget defi- He made a strong case in his remarks tion that he has had an enormous im- cits and fiscal calamity, the Senate for the need to stimulate the economy, pact on the lives of all Americans

VerDate Mar 15 2010 22:09 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 0637 Sfmt 0634 E:\2003SENATE\S30JA3.REC S30JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1772 CONGRESSIONAL RECORD — SENATE January 30, 2003 through his work both in the House over how Washington works—or doesn’t—in people’s eyes to a whole other world,’’ he and the Senate. the glare of partisan politics and harsh pub- says. ‘‘I don’t think unless you experience There was a fascinating article in licity, he became the rare individual to that, you can fully identify with that USA Today back in 1997 about the im- emerge heralded by all sides. world.’’ ‘‘This was a fair, decent, caring soul who Today, the pain of that first realization is pact Dave had on the reauthorization was not going to sell anybody down the overwhelmed by two other emotions common of the IDEA legislation that year. He river,’’ says Robert Silverstein, the Senate’s to families of disabled children—exhaustion had a particular interest in it because top Democratic expert on disability issues. and achievement. The physical and mental his son, Gregory, suffers from a dis- But without Gregory’s disability and his challenges can seem never-ending. Gregory ability. Dave, raising that son and liv- dad’s doggedness, President Clinton and Con- didn’t walk until age 21⁄2, didn’t run until ing with the disability his son had, had gress still might be embroiled in emotional last summer, and only now is learning to a particular awareness of how to adapt debate over the Individuals with Disabilities jump. Typical of children with Down syn- that legislation to the needs of not Education Act (IDEA), signed into law ear- drome, his cognitive and language skills are lier this month. significantly delayed. only his son but a lot of other young- For two years, the bill had been caught be- But just as distinctive is his unconditional sters who found themselves in the same tween two seemingly immovable forces: love for his family. While his father helps dilemma. Leaders of the Republican revolution, who run the country, Gregory rules the roost at This is a quote from Dave in the arti- wanted to help schools cut costs and curtail home. He’s a ham, singing and dancing to his cle: classroom disruptions caused by disabled favorite videos. Ask a question, and he taps Every night when I came home and every students, and advocates for the disabled, who his temple as if deep in thought. He speaks morning when I got up, I saw who it could wanted expanded educational opportunities. in two- and three-world bursts packed with help. It took a deeply religious, conservative Re- meaning: ‘‘Throw the ball!’’ ‘‘My turn!’’ And publican and a highly motivated advocate He was talking about the IDEA reau- the every-welcome, ‘‘Thank you, Mommy.’’ for the disabled to bring the two sides to- Says Karen, ‘‘I wouldn’t have missed this thorization. gether. David Hoppe was both of those. And for the world.’’ Referring to his son: Gregory was his inspiration. PERSONAL LIVES, PROFESSIONAL LIVES I know his horizons are not unlimited, but ‘‘Every night when I cam home and every For David Hoppe, plunging into the middle I want them to be as great as they can be. morning when I got up, I saw who is could of a two-year-old battle over the IDEA law help,’’ Hoppe says of his son. ‘‘I know his ho- What a marvelous way to put Dave’s was a deeply personal crusade that made use rizons are not unlimited, but I want them to hopes and aspirations for his son. Dave of his education, experience, philosophy, be as great as they can be.’’ and his wife, Karen, met in a carpool 21 Catholic faith and fatherhood. Says Paul Marchand, director of The Arc, The law was first enacted in 1975 to guar- years ago as conservative idealists. He which represents the mentally retarded: ‘‘He antee disabled students equal access to pub- worked for the House Republican study might have been thinking, ‘Everything that lic schools, no matter how profound their af- committee and she for the Heritage I do here may someday affect my child, and flictions. Foundation. They were engaged 3 if not my child, hundreds of thousands like Over the past 20 years, the number of stu- him.’ ’’ weeks after their first date and mar- dents classified as disabled has soared to ried December 30th, 1976—a truly re- A STRONG FAMILY THAT WEATHERS CRISIS 12.4% of the public-school population of 44.7 markable family. David and Karen Hoppe met in a car pool million, including those with behavioral and I expect others might want to include 21 years ago as conservative idealists. He emotional problems. About 70% of them are this USA Today article, but it is so in- worked for the House Republican Study taught in regular classrooms, alongside non- teresting and so important I ask unani- Committee, she for the Heritage Foundation disabled kids. mous consent it be printed in the think tank. They were engaged three weeks The costs are high: more than $32 billion, after their first date and married Dec. 30, only $4 billion of which comes from the fed- RECORD. There being no objection, the mate- 1976. He would go on to work for a future vice eral government. presidential nominee, Jack Kemp; she would Since taking control of Congress in 1995, rial was ordered to be printed in the go on to work for a future vice president, Republicans had tried to change the law, mo- RECORD, as follows: Dan Quayle. tivated partly by anecdotes about students [From USA Today, June 27, 1997] David rose through the Capitol Hill ranks, with disabilities causing harm to others. One A LAW THAT TRANSCENDS POLITICS but Karen quit when their first child, Katie, teacher in West Virginia wound up in an (By Richard Wolf) was born in 1981. Geoffrey arrived two years emergency room; another in North Carolina later. The Hoppes—David is 45, Karen, 44— broke an arm. WASHINGTON.—Six-year-old Gregory Hoppe are devoted parents to both ‘‘big kids,’’ as But during the 104th Congress, a deal climbs up on the bench installed for him in they call them now. But it was Gregory’s ar- proved elusive. Not even Bob Dole, a dis- his father’s office and peers out on the na- rival in 1990 that gave the suburban Burke, ability-rights advocate and master deal- tion’s capital. But this isn’t just any office. It’s for the VA., couple a whole new outlook on life. maker, could do it. On his final day as Sen- chief of staff to Senate Majority Leader The night before Gregory’s birth, the ate GOP leader before resigning to run for Trent Lott, perhaps the USA’s most powerful Hoppes happened to pick up a copy of a Ses- president last June, Dole implored his col- Republican. ame Street parents guide featuring a story leagues to pass an IDEA bill. And Gregory isn’t just any child. The on Down syndrome. ‘‘I remember sitting on ‘‘Some issues transcend politics, foster a framed Senate roll-call vote that hangs over the edge of the bed and saying, ‘I hope we bipartisan spirit and result in legislation his bench attests to that. Still two weeks don’t have to deal with anything like this,’ that makes a real and lasting difference,’’ shy of his 7th birthday, Gregory already has ‘‘Karen Hoppe says. They had forgone pre- Dole said on the Senate floor. ‘‘Disability played a quiet but crucial role in over- natal testing that could have determined has always been one of those issues.’’ But not hauling the law that guides special-edu- Gregory’s disability, caused by an extra in 1996. cation policy for 5.6 million disabled children chromosome, because they do not believe in Enter David Hoppe. Already one of the in America’s public schools. abortion. busiest staffers on Capitol Hill as Lott’s top His father, David Hoppe, was the one who The next night, the Sesame Street story deputy, he saw the chance to break the log- worked out the final agreement between came to life. ‘‘He was four minutes old,’’ she jam over a law that will guide his son’s edu- Congress and the Clinton administration last recalls. ‘‘They came and told me right away cation into the next century and ‘‘give kids month. But Gregory, born with Down syn- that they thought he had Down syndrome.’’ born 20 years from now even more opportuni- drome, was the new law’s guiding light. Those first few minutes in Fairfax Hospital ties than Greg has.’’ Call it Gregory’s Law. are etched in the Hoppes’ minds. With doc- Hoppe came with a rare advantage: knowl- ‘‘You had somebody who brought a deep tors buzzing around Gregory, the couple edge of how to write laws, drawn from 21 life experience to the whole process,’’ says made hasty plans to baptize him, in case he years on Capitol Hill, and knowledge of how Sen. Dan Coats, R-Ind. ‘‘It’s a piece of legis- died. But Gregory was tough; he overcame to help the disabled, drawn from nearly lation with a lot of heart in it.’’ many of the complications that accompany seven years as Gregory’s dad. The roles played by David and Gregory Down syndrome births. ‘‘I was uniquely placed. I was a conserv- Hoppe demonstrate the powerful influence of Karen reacted emotionally, but her hus- ative, and I had a child with a disability,’’ he private lives in public policy. Their impact band was then what he has been ever since— says. ‘‘I looked at everything . . . through a on the nation’s special-education law is em- a rock. ‘‘I got one tear out of David,’’ she parent’s eye: ‘Let’s put Greg in this situa- blematic of how elected and even non-elected says, ‘‘and that was it.’’ tion.’ ’’ officials work behind the scenes here, using Sen. Coats, Hoppe’s boss at the time, re- That was easy. In many cases, Gregory al- personal experiences to set the legislative calls getting the call from the hospital con- ready had been there. agenda and guide the political process. cerning Gregory’s obvious disability. ‘‘I ‘‘I was at the meeting where Gregory was And David Hoppe’s role was significant for think the birth of Gregory was one of those given his label,’’ Hoppe recalls, with a rare, another reason: at a time of public dismay defining, life-changing experiences that open small show of emotion. That was in 1995,

VerDate Mar 15 2010 22:09 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 0637 Sfmt 0634 E:\2003SENATE\S30JA3.REC S30JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 30, 2003 CONGRESSIONAL RECORD — SENATE S1773 when Gregory was 4 and aging out of pre- I think government is there to protect rights ho, a California Democrat, says it was easy school. He was labeled ‘‘MR,’’ for mild retar- and opportunities.’’ to win converts. dation. His father, who knew it was coming, The IDEA law attempts to do that. The ‘‘I didn’t have any trouble,’’ recalls Coelho, still took the official designation hard. ‘‘This overhaul makes it easier for schools to dis- whose epilepsy made him a leading advocate. is a landmark,’’ he says, ‘‘and I knew it cipline disabled students, but doesn’t let People ‘‘were already on board because of was.’’ states cut off their education. The law also personal experiences.’’ Hoppe’s familiarity with the world of the upgrades teacher training, gives parents a The same was true last year when three disabled helped turn theoretical debates into greater role and improves planning and me- senators with family stories of mental ill- practical ones. diation. ness—Pete Domenici, R-N.M., Alan Simpson, ‘‘He made people think about the long- Everyone had to compromise. R-Wyo., and Paul Wellstone, D-Minn.—tried term and child-specific implications of the ‘‘We kind of held our noses and supported to improve mental health insurance cov- policies,’’ says Katherine Beh Neas, senior it,’’ says Sally McConnell of the National As- erage. government relations specialist at the Na- sociation of Elementary School Principals, The personal touch can be key in turning tional Easter Seals Society. which wanted the measure to go farther. legislation into law, personal cause into pub- Occasionally during the closed-door nego- But, she adds, ‘‘Emotions run high on this lic crusade: tiations and open town meetings he orga- issue, and I think he did a really good job.’’ Vice President Gore has used his sister’s nized, Hoppe would mention the bureaucratic Ironically, Gregory won’t use all his death from lung cancer to push for tobacco hoops he and Karen had to jump through to rights. Despite the law’s goal of educating regulation. get services for their son. Several times, he disabled children in the least restrictive set- Sen. Edward Kennedy, D-Mass., whose sis- interrupted meetings to take calls from his ting, the Hoppes aren’t seeking full inclusion ter is mentally retarded and whose son lost family—at least once from Gregory, who just yet. a leg to cancer, has been a leader in health wondered when Dad was coming home. Beginning this fall, Gregory will be in a and disability issues. self-contained first-grade class for academic ‘‘The perspective of a parent (with a dis- Sen. Mike DeWine, R-Ohio, voted against subjects with other mildly retarded kids. He abled child) would have been completely increasing highway speed limits after his 22- will be mainstreamed a half-hour each morn- missing’’ without Hoppe, says Rep. Matthew year-old daughter died in a car crash. ing and also for art, music and gym. De- Martinez, D-Calif. Sen. Strom Thurmond, R-S.C., sponsored manding inclusion when it might not be best Adds Bruce Hunter, director of public af- an alcohol labeling bill after losing his for their child isn’t what the law intends, fairs for the American Association of School daughter, 22, to a drunk driver. they say. Administrators: ‘‘Nobody could say to him ‘‘All of us are touched by different cir- Their hopes for Gregory are high. ‘‘I want the way they could say to other Republicans, cumstances.’’ says Kennedy. ‘‘It heightens him to be able to live by himself, to have a ‘Oh, you guys just don’t care.’’’ your sensitivity and your awareness of the job that he likes, to be able to go to that job UNDERSTANDING DIFFERING PERSPECTIVES issue and how it impacts people.’’ by himself, to sit and have conversations What Hoppe found as he waded into the with people who work where he works . . . to Mr. MCCONNELL. We will miss Dave legislative thicket were school administra- have him involved with his church,’’ Hoppe Hoppe. Senators come and go. Members tors who feared soaring costs, educators who says. ‘‘My big dreams for him are things that of the staff come and go. Frankly, feared for their safety and advocates for the seem very normal.’’ about most of us, I expect it will be disabled who feared losing hard-won rights. But his value won’t be defined by his said we did not in the end have foot- ‘‘It was fairly obvious how emotionally achievements. Says Karen Hoppe: ‘‘Greg is a charged the issue was,’’ he says. ‘‘You’re prints that lasted very long. But hav- worthwhile individual right now, just the ing watched Dave Hoppe and his ex- dealing with vulnerable people.’’ way he is.’’ The flash point was discipline. Teachers, traordinary accomplishments over the principals and school administrators wanted CELEBRATING A SUCCESS STORY years I have known him, I would say he more flexibility to punish disabled students Gregory Hoppe was heard about but not has made an enormous difference in the in much the same way they did others, even seen until the Senate voted 98–1 on May 14 to send the bill to President Clinton. Then it life of the Senate and in the life of our if it meant segregating them or stopping Nation. their education. Advocates for the disabled was time for this coming-out party. refused to go along. From his vantage point in the vice presi- So, Dave, we wish you well and hope Hoppe did not play the Gregory card to dent’s office off the Senate floor while the we continue to see you in the future in sway the negotiations. votes were being cast, Thomas Hehir, direc- whatever capacity you may choose to ‘‘I’m sure that everybody in that room tor of the federal Office of Special Education serve. You are the best, the most kind, knew that David had a disabled kid,’’ says Programs, looked outside and saw a child decent, honorable person many of us Judith Heumann, the Education Depart- with Down syndrome walking into the Cap- ever had the chance to meet. itol with his mother. ment’s assistant secretary of special edu- I yield the floor. cation and rehabilitative services. ‘‘But he Only after the vote, when Hehir joined a didn’t wear it on his sleeve.’’ celebration in Hoppe’s office featuring choc- The PRESIDING OFFICER. The Sen- Where he wore it was on his computer. olate-chip cookies made by Karen and Greg- ator from Mississippi. When other parents of disabled children first ory, did he figure out who that special child Mr. LOTT. Mr. President, I would came to Lott’s office last fall to voice their was. like to say thank you to the distin- concerns, they had no idea of his personal in- ‘‘To me, it was kind of symbolic,’’ Hehir guished assistant majority leader for terest. Then they noticed the image of Greg- recalls thinking at the time. his comments about my good friend ory on his computer screen. Three weeks later, the Hoppe family was in the audience on the White House’s South and our loyal servant over so many ‘‘I looked over and saw on the screen his years, both in the House and in the little one,’’ recounts Madeleine Will, mother Lawn to watch President Clinton sign the of a 25-year-old son with Down syndrome and bill into law. Senate, in the person of Dave Hoppe. a disability activist. She figured she was At Secretary of Education Richard Riley’s The Senator from Kentucky has had a imagining things. ‘‘I thought, I’m overtired suggestion, Clinton invited Hoppe up to the chance to watch him in our leadership here and distraught, but . . . I’m seeing the front; he brought Gregory. Photographs show meetings, to hear him and work with face of a child with Down syndrome on that the two of them just behind Clinton, amid him, and get to know him as a human computer.’’ the usual assortment of politicians. ‘‘Staff- ers never get in those kinds of photographs,’’ being. He is quite a guy. Despite his advocacy on behalf of Greg- Mr. President, I ask unanimous con- ory’s interests, Hoppe never forgot the inter- marvels Erik Smulson, an aide to Sen. sent to have printed in the RECORD a ests of his other children. Katie, 16, and James Jeffords, R-Vt., who worked on the Geoff, 13, attend public schools in Virginia new law. resume of Dave Hoppe’s accomplish- and know well the other side of the dis- In this case, however, even the lawmakers ments. It is a very interesting record of ability coin, when students with behavioral say it was justified. ‘‘He was the hero of the not only achievement, but sacrifice for problems disrupt classes or won’t leave them ultimate passage of the bill,’’ says Sen. Wil- his country as well. alone. They think disabled students should liam Frist, R-Tenn. ‘‘He was uniquely placed, uniquely committed.’’ There being no objection, the mate- be disciplined—but not blamed for all that rial was ordered to be printed in the goes wrong. Hoppe sums it up as a dad: ‘‘I think I did RECORD, as follows: ‘‘I just don’t see the point of people com- something good for Greg.’’ plaining that all disabilities ruin class,’’ says LAWS GET PASSED WHEN THE POLITICS IS JOHN DAVID HOPPE Geoff. Adds Katie: ‘‘The more we integrate PERSONAL Professional experience: Chief of Staff Sen- these kids, the more accepting and under- Major changes in policy have come about ate Republican Leader, Trent Lott (R-MS) standing people will become with them.’’ because lawmakers were affected personally. June 2001–Present; Chief of Staff Senate Ma- Out of this stew of colliding interests Take the Americans with Disabilities Act jority Leader, Trent Lott (R-MS) June 1996– emerges David Hoppe’s philosophy: ‘‘I be- of 1990, among the most far-reaching civil 2001; Staff Director Senate Majority Whip, lieve in limited government,’’ he says. ‘‘But rights laws. Former congressman Tony Coel- Trent Lott (R-MS) January 1995–June 1996;

VerDate Mar 15 2010 22:09 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 0637 Sfmt 0634 E:\2003SENATE\S30JA3.REC S30JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1774 CONGRESSIONAL RECORD — SENATE January 30, 2003 Staff Director Republican Conference Sec- coursework in Quebec City, Canada, simple thank you and to remind them retary, Trent Lott (R-MS); January 1993–De- under the auspices of the University of that they made a difference in the cember 1994; Administrative Assistant, Sen- Laval. course of history and in the course of ator Dan Coats (R-IN) January 1989–Decem- Over his almost three decades in America—in many cases, just as surely ber 1992; Vice President, Government Rela- Washington, Dave has served several tions, Heritage Foundation, September 1988– as any Senator ever did. December 1988; Administrative Assistant, different Congressmen, Senators, and Dave Hoppe certainly can rest as- Honorable Jack Kemp, October 1984–June organizations, going way back to when sured that he has made a great dif- 1987; Administrative Assistant, House Repub- he first came to Washington. From 1976 ference in this Government, in the Con- lican Whit, Trent Lott (R-MS) January 1981– to 1978 he worked for the Republican gress, the House, the Senate, in poli- October 1984; Republican Platform Com- Study Committee in the House of Rep- tics, in the study of government, and in mittee Assistant to Chairman Trent Lott, resentatives. He actually, for a while, America. But the best thing about January 1984–August 1984; Executive Direc- had his own firm doing political re- Dave Hoppe is he believes strongly in tor, House Republican Research Committee, search called Hoppe & Associates. Then his principles, his ideals, and his January 1979–December 1980; Republican faith—in fact, that is how he met his Platform Committee Assistant to Vice he started his public service career in Chairman Trent Lott, January 1980–July Washington that has covered an amaz- wife Karen. They were carpooling, and 1980; Consultant, Hoppe & Associates (polit- ing number of professional experiences. as they were going to work, they found ical research firm specializing in tax issues), He returned to Capitol Hill in 1979 as they shared a lot of common values September 1978–November 1978; Contracted the executive director of the House Re- and views of government and life. by National Republican Congressional Com- publican Research Committee. Later Three weeks later, they were engaged, mittee to provide special tax research pack- he moved up to be administrative as- and then married, and have had three age to over 50-targeted candidates; and En- sistant to the Republican whip in the wonderful children over the years. ergy & Environmental Specialist, House Re- House when I had the pleasure of serv- So, yes, the best thing about Dave publican Study Committee, January 1976– Hoppe is not his educational back- August 1978. ing in that position. He also worked for Education: The Johns Hopkins School of me as the director of the Republican ground, not his expertise, not his Advanced International Studies, Wash- Platform Committee efforts in 1984 knowledge of the Senate, not all the ington, DC (1973–1976)—Masters degree, Inter- when I was chairman of the Platform things he has worked on—the best national Relations (May 1976); The Bologna Committee. In 1984 he went to work in thing about Dave is the kind of human Center, the Johns Hopkins School of Ad- the office of Congressman Jack Kemp being he is. He is a man who cares vanced International Studies, Bologna, Italy as the chief of staff and of course was deeply about his family and his coun- (1973–1974)—Certificate; University of Notre try, and he has sacrificed mightily to Dame, South Bend, Indiana (1969–1973)—BA., involved in his Presidential campaign in 1988. Dave then joined the Heritage help make a difference for his family Government, Cum Laude (Concentration in and for the people of America. International Relations); and University Foundation where he served as a vice I just wanted to take a few minutes, Laval, Quebec City, Canada (July–August president. And then went to work in as Dave enters his last day or two in 1975)—Masters course work for foreign lan- the Senate as the chief of staff for Sen- the Senate, to express my appreciation guage requirement. ator Dan Coats of Indiana. In 1994, I for his dedicated service and for all he Mr. LOTT. Also, I want to call atten- was able to tempt him away from Sen- has done, and to wish him great suc- tion to a 1997 USA Today article on ator Coats to work for me again as the cess in the future. But especially, I Dave Hoppe which correctly called chief of staff in my position as the Sen- thank Karen and Katie, Geoffrey, and Dave the critical architect behind get- ate majority whip, then as the major- Gregory for sharing him with me and ting the reauthorization of the Individ- ity leader, and finally as the Repub- the country, and for the work they uals with Disabilities in Education lican leader. have done to help their father do the (IDEA) Act passed in 1997. The article In all, this outstanding individual tireless work Dave has done in turn to recounts how much that act meant per- and person has devoted 27 years to Con- make this nation a better place for all sonally to Dave and his family, and gress and the American people. particularly to his youngest son, who Now, admittedly with some degree of of us. I am delighted to have had an op- will benefit from this law in large part trepidation I suspect, Dave is going out portunity to ensure his efforts over the past three decades are properly recog- because he was also an inspiration for into the private sector—the real nized before he turns this page and en- it. Gregory Hoppe is a special person, world—to provide for his two oldest ters the next chapter of his life. children who are presently attending and the USA Today article, which Sen- Mr. REID. Will the Senator yield? ator MCCONNELL has already asked to Notre Dame and for Gregory who I Mr. LOTT. I will be glad to yield to be printed into the RECORD, recounts mentioned earlier. Anyone would be a Senator REID. Gregory and Dave’s and their family’s little anxious about not knowing ex- Mr. REID. I was in my office and remarkable story. actly what their new role will entail— heard the Senator begin his remarks. I First, let me just comment on some and after the financial sacrifices over came here as quickly as I could to tell interesting facts about Dave. While 27 years he probably will not know Senator LOTT, the distinguished Sen- Dave Hoppe has worked for me off and what to do with the extra money he ator from Mississippi, what a tremen- on for over 27 years in the House and will be earning in the private sector. dous person Dave Hoppe is and has the Senate, he is not from Mississippi But I predict, as in everything else in been. as you might expect. No, he is from his life, Dave will be more than suc- I believe in making deals. I say that Baraboo, WI, which happens to be the cessful, he will be superb at whatever in a positive sense. Legislation is the birthplace of the Ringling Brothers & endeavor he takes up next. art of compromise. You have to build a Barnum and Bailey Circus and we have Far too often here, Senators take consensus and make deals. That is not never let Dave forget that over the long, deep bows for our great public a negative term. And David Hoppe was years. policy achievements and forget all the wonderful to work with. He is a graduate of Notre Dame, class people who helped us get to that point: I say to the Senator from Mississippi, of 1973, which has made for some inter- Our wives—in the case of Dave Hoppe, for the things we were able to accom- esting kidding over the years about a wonderful lady named Karen—our plish in the Senate, we always had to athletics, football, basketball, and families and mothers and fathers who go to Dave Hoppe. He was the go-to bragging rights. But that is just the be- helped raise us; our constituents who guy. I say to the Senator from Mis- ginning of his impressive resume. He put us on their shoulders and turned an sissippi, he had really good judgment went on to study at the Johns Hopkins ugly frog into a prince; the elevator op- and showed a lot of wisdom by hiring School of Advanced International erators, the pages, the floor staff; and Dave Hoppe. He not only served the Studies and received a master’s degree our personal staffs who work long and people of the State of Mississippi and in International Relations. As part of hard, helping write the speeches, help- this institution but the country. the Johns Hopkins Program in Ad- ing draft the amendments, helping us I commend the Senator from Mis- vanced International Studies Dave regain our composure when we get a sissippi for coming to the floor and ac- spent the better part of a year in Italy. little out of control. Then, when they knowledging another fine public serv- He also did foreign language do move on, we forget to say just a ant. Washington has a lot of people

VerDate Mar 15 2010 22:09 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 0637 Sfmt 0634 E:\2003SENATE\S30JA3.REC S30JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 30, 2003 CONGRESSIONAL RECORD — SENATE S1775 who do good work. But Dave Hoppe is ing one of the flagship Federal pro- missed. I first had the opportunity to one who does work that is at the top of grams for disable children. With round- know him as chief of staff for Senator the list. the-clock work, good humor, and grace, Dan Coats. Senator Coats unfortu- Mr. LOTT. I thank the Senator from he spearheaded a nearly unanimous nately lost Dave when Dave moved Nevada for his comments. He is right. Congress to make a program with wor- over to be chief of staff for Senator At those countless meetings we had in thy goals much more effective and con- LOTT’s Republican conference sec- the back of the Chamber, the center sequential in the lives of parents and retary’s office, then his majority whip aisle, the cloakroom, or in our offices, children around the country. office and then his majority leader’s of- Dave Hoppe was always there, com- Through all challenges and con- fice. mitted to his philosophy and prin- troversies, though, what strikes me as I had the opportunity to work closely ciples, but always equally committed admirable about Dave is his deep and with Dave on an issue that we both feel to getting results for the Senate and authentic humility. Informed by his passionately about: special education. for the nation. faith and essential humanity, Dave has After 2 years of failed negotiations, I yield the floor. never expressed a sense of entitlement Dave Hoppe almost single-handedly Mr. REID. Mr. President, I suggest or arrogance. He has never sought a managed to get this critical legislation the absence of a quorum. limelight. He is quick to share credit, authorized. The manner in which Dave The PRESIDING OFFICER. The and always willing to take responsi- approached this reauthorization and clerk will call the roll. bility. Throughout his 27 years on Cap- his ultimate success provides a wonder- The assistant legislative clerk pro- ital Hill, over and over again, his ex- ful example on why Dave was so suc- ceeded to call the roll. ample his inspired not just fellow staff- cessful in the Senate. He managed to Mr. FRIST. Mr. President, others ers, but House and Senate Members as bring Republicans and Democrats to- have spoken of their impressions and well. gether by working in a straight- reflections on Dave Hoppe today, and I We have all profited from Dave’s forward, open, and honest manner would like to take a moment to add my work here in Congress. His public serv- which allowed Members to feel con- thoughts. ice is in the finest tradition expected fident that their concerns were being While our constituents rely on us as by our Founding Fathers. The Senate thoroughly considered. Dave has served their voice and advocate here in Wash- is a better place for his time here, and in both the majority and the minor- ington, we rely on our staff to be our I wish him and his family well as he ity—always representing his boss effec- voice and advocate. Under our guidance moves to new opportunities. tively, while also working to ensure our staff investigate and learn about Mr. CRAIG. Mr. President, I wanted that the Senate accomplished its work. the many issues that confront us; they to take a moment to pay my respects Dave is esteemed in the Senate for work with a wide variety of people in to Dave Hoppe, whose last day in the more than the passion and principles all branches of the government; they Senate is today. Dave has been a friend he brought to bear on issues. He is re- give us their best counsel and advice; and counselor to many of us in the spected first and foremost for his char- and they help us perform a myriad of Senate, and we will miss him. acter as a person and as a leader. tasks that are vital to ensuring the in- It would be fair to say that Dave This is an institution that is built on stitution of the Senate works well and Hoppe has been the consummate Sen- trust. Dave is a person whose word is effectively, and that we give our best ate staffer. While a strong partisan, he his bond. He has been so effective as on behalf of the people we serve. Our has always been fair. He is decent. He the leader’s chief of staff for precisely staffs amplify our work with our col- is respectful and considerate of every- that reason. Members on both sides of leagues, our counterparts in the House, one with whom he comes in contact, the aisle always knew they could de- the executive branch, and our constitu- and of the institution as a whole. He pend on the promises that he gave and ents. understands and practices the comity relied on his word without reservation. For over a decade now, Dave has that is invaluable in the Senate. It is also remarkable that he wielded worked for all Senate Republicans in a When I look back on the service of such enormous influence without any variety of positions, in our conference Dave Hoppe, I see him as the still cen- trace of pretension or pride. He was ac- secretary’s office, the majority whip’s ter of the maelstrom. While the chaos cessible to members and staff alike, office, and, for the past 6 years, as chief that is, on occasion, the Senate swirled serving with grace, good humor and of staff in the Republican leader’s of- and howled around him, he was calm; sound counsel. fice. This specialized role isn’t for the his voice never hurried, never rose. His I will personally miss Dave. He ranks faint of heart, and requires a unique counsel was sound, very sound; some- among those men and women of honor blend of skills and attributes. times tinged with humor, good humor; who have shaped the best qualities of Dave’s commitment, dedication, and never malicious or mean spirited. Al- the Senate. He made it a better institu- hard work have generated quiet appre- ways timely, always mindful of the in- tion through his service and his char- ciation and deep respect from many stitution, always aware of the possi- acter, and we owe him our gratitude. different Members in the Senate and bilities and the consequences of its ac- Mr. SPECTER. Mr. President, I ask House over the years. His ability to tions. unanimous consent that the order for faithfully and tirelessly represent our David knows that the Senate, immu- the quorum call be rescinded. shared Republican ideas and ideals, table as it is, will go on even though he The PRESIDING OFFICER. Without working with all members of our con- is no longer a part of its daily oper- objection, it is so ordered. ference to knit them together, is im- ations. However, those of us who have Mr. SPECTER. Mr. President, I ask pressive. From the most major issues worked with him, and will continue to unanimous consent that I may speak of war or impeachment, to the most work with him, know the imprint he for up to 20 minutes. mundane of haggling out unanimous has left on the institution, the national The PRESIDING OFFICER. Without consent agreements, his involvement policies he has helped shape, and the objection, it is so ordered. and advice and leadership on countless example he has set for all in the Senate f issues over his tenure has served all of to follow. us well. I join my colleagues in recognizing TRIP TO EUROPE AND THE While unflinching in his core beliefs Dave Hoppe for his achievements and MIDEAST and principles, his willingness to work contributions to the Senate, and send- Mr. SPECTER. Mr. President, I have with the Democratic counterparts is ing my best wishes to him and his fam- sought recognition to report on a trip I also noteworthy, for in the Senate, so ily as they begin the next chapter of a made to Europe and the Mideast from often it is partnership, not partisan- remarkable life. December 23 until January 7. ship, that ensures we make progress on Mr. GREGG. Mr. President, I have The information I found bears on the behalf of the American people. For ex- had the good fortune of knowing and current problems of the Mideast peace ample, across the aisle, across the ro- working with Dave Hoppe for the last 9 process and the Israeli-Palestinian tunda, and across various ideologies, he years. He has been a vital part of this issues, but also on the opinions of a va- took a major leadership role in improv- institution and he will be sorely riety of the countries we visited on the

VerDate Mar 15 2010 22:09 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 0637 Sfmt 0634 E:\2003SENATE\S30JA3.REC S30JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1776 CONGRESSIONAL RECORD — SENATE January 30, 2003 issue of Iraq and Saddam Hussein’s dent Mubarak thought some countries in a very clear way. It is a different weapons of mass destruction. In Great would have trouble containing the peo- world after September 11, when we Britain, in talking to executive branch ple in the streets. He felt confident he learned a bitter lesson by not taking officials, we heard there would be an ef- could but was worried about other action against Osama bin Laden and al- fort made on the Mideast peace process countries. He thought U.S. installa- Qaida after we had ample warning to to bring in the Palestinians in mid- tions would be at risk where the Arab do so. January in advance of the Israeli elec- sentiments run so strongly against the We cannot ignore imminent threats. tions in late January to try to keep the United States. There is a basis in international law, as peace process stimulated. In Syria, I had an extensive talk with I said when we discussed the resolution We learned that in a recent trip Syrian President Bashar al-Assad and authorizing the use of force, to take ac- which had been made by Syrian Presi- Foreign Minister al-Shara. The view tion, sanctified by international law dent Bashar al-Assad, who is married there was that they are very much op- where there is an imminent threat. to a woman raised in England, and we posed to military action against Iraq. I was encouraged by President Bush’s heard obviously considerable talk We noted that Syria had joined in the statement that he was going to send about the Iraq issue. unanimous Security Council Resolu- Secretary of State Powell back to the Prime Minister Tony Blair has been tion on 1441. But that, of course, fell United Nations to produce specific evi- one of the strongest allies of the short of the use of military force. dence. I believe there is evidence to United States and has stated his will- On January 6 I attended a session of show that Saddam Hussein has not ingness to partner with the United the United States-Syrian dialog which complied with Resolution 1441. States to see to it that Saddam does had been initiated by the James Baker When there is all this talk about a not maintain weapons of mass destruc- Institute last May in Houston, TX. smoking gun, I think that metaphor tion regardless of what the United Na- There was an effort made to bring the misses the point. You do not need a tions does. We heard talk that Prime Syrian and U.S. officials together to smoking gun to get a conviction. In Minister Blair had taken credit for the talk about problems of mutual con- fact, you do not even need a gun to get United States going to the United Na- cern. The principal area was the ques- a conviction where you have other evi- tions—or at least partial credit. And tion of Syria playing host to terrorist dence. I believe the evidence is very that was very well received by the organizations. I raised that issue in a strong, as Hans Blix and the other U.N. British populous. But there remains a meeting with President Assad and told inspectors have said in their prelimi- general feeling in Great Britain of op- him that if he wanted to get off the nary report, that Saddam has not ac- position to a war against Iraq unless it terrorist list there would have to be counted for the weapons of mass de- is sanctioned by the United Nations. something done about that, the ter- struction which we knew he had when We heard pretty much the same sen- rorist groups would have to leave the U.N. inspectors were kicked out in timent in Germany where we met with Syria. He declined, saying that they December of 1998. members of the Bundestag and officials were representatives of the Palestin- I believe there is other evidence. And in the executive branch, and with Ger- ians, and they were carrying out a po- the word is the decisions are now being man and U.S. businessmen and women litical agenda and he would not ask made as to how much of that informa- on the Chamber of Commerce there. them to depart from Damascus. tion can be transmitted to the United The situation in Germany is sur- In the U.S.-Syrian dialog, and in Nations without tipping Saddam off so prising to the extent that we heard re- talks with President Assad, we dis- he will move his weapons of mass de- peated talk that it is politically incor- cussed the support of Syria and Iran struction, which are mobile, or so that rect to say, ‘‘I am proud to be a Ger- for Hezbollah and the rockets which we will compromise sources and meth- man.’’ I found that surprising. It is a are pointed at the Israelis. I had con- ods. result of perhaps German instigation in veyed to President Assad Prime Min- The media reported earlier this week two wars in the 20th century. In a ister Sharon’s willingness to meet with that Britain was in support of a Ger- country where we are so proud to be Syrian officials on a second peace man plan to have a second interim re- Americans, I found it surprising the track. When we met with Prime Min- port on February 14. If that does come people would not say, ‘‘I am proud to ister Sharon in Israel, the subject came about, it will give the U.N. inspectors a be a German.’’ The Germans won’t say up of the possibility of Israeli-Syrian little additional time, perhaps, to act that. Chancellor Schroder, we are told, peace talks. And Prime Minister Shar- on additional information which Sec- referred to the ‘‘German way,’’ and it on said he favors that. I asked him if retary of State Colin Powell can pro- drew criticism and the abandoning of he would mind if I passed that message vide. that kind of expression. The sentiment on to President Assad, and he said: You As I said on the floor of the Senate in Germany seems to be pretty solidly are authorized to do that. President when we discussed the resolution for against a war with Iraq. The members Assad responded that he thought peace the authorization for the use of force, I of the Bundestag with whom we met talks would be a good idea. He said he think the hand of the United States urged the U.S. to go back for a second would not want to finish them before would be much stronger if a second resolution to authorize the use of force. the Israeli-Palestinian talks were con- U.N. resolution is obtained. I believe I asked him if such a resolution was ob- cluded, but we talked about the nego- there is a considerable body of evidence tained would that make a difference to tiations which had been brokered by on the record at the present time to Germany on joining in. He said no it President Clinton in the mid-1990s warrant a second United Nations reso- wouldn’t; that there was a feeling of where they came very close to a peace lution, which would authorize the use pacifism against war as a result of agreement between Prime Minister of force. But there is no doubt there is what happened in World War II and the Rabin and President Hafez al-Assad. resistance from France and Germany. predecessor war, and that the Germans Candidly, I do not expect things to I think the President is absolutely were just opposed to it. Chancellor blossom in that direction, but I do correct, we cannot allow our national Schroder had problems within his own think it would be useful, always, to interests and our national policy to be party when they changed party keep the conversations going and to determined by anybody but the United strength if he would deviate from the see if peace could be attained. States, and we cannot be subjected to a political position he took to win re- Hearing the sentiments in Great French veto. election—really running against, in ef- Britain, in Germany, in Egypt and in It is my thinking that the French fect, the United States and U.S. policy Syria as to the general concerns about may be satisfied. If they are, I think on taking action against Saddam Hus- a military confrontation without ex- the Russians will not veto nor will the sein. plicit United Nations authorization, it Chinese, and we can move ahead for a In the Mideast we met with Egyptian is my hope that authorization will yet second United Nations resolution. President Mubarak who expressed be obtained. The President has emphasized his great concern about what the reaction I thought the President’s speech on hope to avoid a war. If the Iraqis and would be in the Mideast and in Arab Tuesday night was right on the mark, Saddam Hussein face a united United countries to a war against Iraq. Presi- right on target, laid down the gauntlet Nations, perhaps that is possible.

VerDate Mar 15 2010 22:09 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 0637 Sfmt 0634 E:\2003SENATE\S30JA3.REC S30JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 30, 2003 CONGRESSIONAL RECORD — SENATE S1777 Back in January of 1990, Senator Resolution 1441. It was further observed that textiles for Oscar de la Renta, and cheese for SHELBY and I had an opportunity to sentiment in Great Britain favors another many U.S. frozen food manufacturers. They meet with Saddam Hussein for about UN resolution authorizing force before a also have a growing high-tech sector which an hour and a quarter. And although he military confrontation occurs with Iraq. produces software for such U.S. companies as On December 26th, we received another Kemper Insurance. Consumer goods are also is brutal—he has a record for using supplemental team briefing by Charge´ doing well. The biggest U.S. investors in chemicals on his own people, the Dworkin including an intelligence briefing. Lithuania are Phillip Morris and Kraft foods. Kurds, in the Iran-Iraq war—and is LITHUANIA Currently, U.S. companies invest almost $350 million in Lithuania each year. Where Lith- venal, I think it may be accurate to We arrived at the Vilnius International uania has made great strides economically say he is not suicidal. I believe that if Airport on the afternoon of Friday, Decem- since gaining their independence in the early he sees the noose around him, perhaps ber 27. We were greeted by Ambassador John nineties, they still have major economic there is some opportunity he may step Tefft, Marilyn Ereshefsky, and Randolph challenges ahead. aside or that the military or others in Flay of the United States Embassy. From The discussion the moved to the popu- Iraq may take action to dislodge him the airport we drove to the U.S. Embassy for lation of Lithuania. Currently Lithuania has from a leadership position. a Country Team briefing. During the drive 3.7 million people living here. Largely, they If war can be avoided, obviously, that from the airport, the Ambassador provided are Roman Catholic. I inquired about the us with a brief background of the Country. is in the interests of everyone, to avoid size of the Jewish population and was told He began his summary of Lithuania’s history there are currently about 5,000 Jews living in putting our fighting forces in harm’s at the thirteenth century when it was the way and to avoid casualties of the Iraqi Lithuania. Lithuania’s Jews can be traced largest state of Central and Eastern Europe. back to the 13th century. By the 18th cen- civilian population and the Iraqi mili- In 1795 Lithuania was incorporated into the tury, Vilnius had become the world capital tary population. Russian Empire and remained that way until of traditional—Talmudic, learning, often re- In essence, the trip to Europe and the gaining their independence in 1918. In 1940 ferred to as the Jerusalem of the North with Mideast showed me a state of substan- the country was occupied and annexed by the over 250,000 Jews living in the Country. Trag- tial unrest. People are uneasy about a Soviet Union where it remained under Soviet ically, 94 percent of the population, includ- prospective war for many reasons. If control until 1990 when it again rejoined the ing 80,000 Jews living in Vilnius perished in community of free and democratic states the United Nations were to authorize the Holocaust, the highest percentage of after the fall of the Soviet Union. genocide in Europe. Almost no Jewish cul- it, I think that would allay a great Upon arrival at the embassy, Ambassador many concerns and might even present tural sites or homes of renowned Jewish per- Tefft introduced us to his core team which sonalities are remembered. the setting for deposing Saddam Hus- included Marilyn Ereshefsky, the Section On Saturday, December 28th, we took a sein without the necessity of war. Chief, Randolf Flay, Political Officer, Mi- walking tour of the Old Town of the Lithua- Mr. President, I ask unanimous con- chael Sessums, Economic Officer, Brent nian capital which is one of the largest in sent that my report on foreign travel Barker, Attache, and Ruta Eluikis, Consul. Eastern and Middle Europe. In the ancient to Europe and the Middle East and op- Ambassador Tefft opened the meeting by in- part of Vilnius we could see the fusion of na- forming us that we were visiting Lithuania ed pieces which I have published in the ture and architecture and the overlapping of at a special time in history as Lithuanians cultures and traditions. Throughout Vilnius’ Pittsburgh Post Gazette and the Har- were still basking in the glow of the recent risburg Patriot be printed in the history, inhabitants built synagogues, visit by President Bush and the acceptance mosques, and Catholic churches next to one RECORD. into NATO and the European Union (EU). another. There being no objection, the mate- Ambassador Tefft recounted President Following our tour we proceeded to the rial was ordered to be printed in the Bush’s very moving speech given in the heart Presidential Palace for a meeting with RECORD, as follows: of Vilnius where he said ‘‘an enemy of Lith- Valdas Adamkus, the President of Lithuania. uania is now an enemy of the United CODEL TRIP REPORT President Adamkus, a former U.S. citizen States.’’ and Administrator at the Environmental In accordance with my custom of reporting I inquired about the attitude of the Rus- Protection Agency for the Great Lakes Re- on my foreign travel, this is a brief summary sians toward Lithuanian acceptance into gion is in the middle of his second Presi- of my trip from December 23, 2002–January 7, NATO and was informed that Russians were dential campaign. He faced 16 opponents in 2003 to England, Lithuania, Germany, Israel, tolerant but not particularly happy about the general election on December 22 and now Egypt, and Syria. the expansion. Ambassador Tefft then com- has a run-off which will take place on Janu- ENGLAND mented to me that Lithuania had been inde- ary 5th. Although President Adamkus was On December 24th, our first full day in pendent in their past and very much wants expected to win, his run-off opponent has London, in the company of Charge´ Morton to continue in that tradition as they look to- made his age of 76 years an issue. Dworkin, we met with William Ehrman, Di- ward the future. However, there are still Our conversation then turned to Lithua- rector General of Defense and International many remnants of the Soviet-era throughout nia’s acceptance into NATO and the Russian Affairs, and Edward Chaplin, Director of the Country. For example, a Chernobyl-style attitude toward expansion. President Middle East Affairs, and former Ambassador nuclear power station is responsible for pro- Adamkus said that Russia does not pose a to Jordan. We discussed the Israeli/Pales- ducing eighty percent of Lithuania’s energy. significant threat to any of the Baltic coun- tinian issues and the British position that it As a condition of acceptance into the EU and tries and that President Vladimir Putin has was preferable to follow the road map adopt- after pressure from the international com- become milder over the years. I asked about ed by the so-called quartet which consisted munity, Lithuania has agreed to terminate the mission of NATO now that the threat is of the United States, the UN, the EU, and the plant between 2005 and 2009. gone. President Adamkus said that NATO Russia. Mr. Chaplin pointed out that Great Our conversation then turned to the econ- provides an internal European security Britain was holding a meeting in January omy. I was pleased to learn that the econ- structure. Although he agreed with me that with the Palestinians to try to move along omy in Lithuania is undergoing a boom of the role has changed, it is nonetheless im- the peace process in the interim before the sorts. Since independence, Lithuania has portant to all member countries including Israeli elections scheduled for January. He made substantial progress in economic re- the United States. expressed the opinion that Chairman Arafat form. The GDP has risen from 5.9 percent in Economically, the President said, NATO should not be deposed because it will make 2001 to 6.9 percent in 2002. According to the membership provides almost instant foreign him a martyr and strengthen him. Ambassador, Lithuania is the only European investment increase. He is confident that an We discussed the efforts by Egyptian Presi- country where the economy is significantly additional $5 billion in revenue will come dent Mubarak to persuade Hamas and Islam growing. He further advised that the major- into Lithuania in the next three years and Jihad to accept a cease-fire. It was pointed ity of the EU economy is flat which poses by the end of the decade Lithuania will look out that Syrian President Bashar had been large problems from Germany to the United completely different. President Adamkus is in England for several days visiting the par- Kingdom. Although unemployment in Lith- determined to bring the standard of living up ents of his wife who is British. uania is still a serious issue, it is not as bad throughout the country. He feels there is As to Iraq, our British hosts agreed that as neighboring countries. The challenge now still too much poverty, particularly in rural Saddam definitely had weapons of mass de- is to encourage a movement from agricul- areas. struction and that he had not adequately ex- tural jobs to more productive employment We then discussed the state of the current plained what happened to such weapons after for many Lithuanians. Whereas twenty per- Judicial system. The President indicated the UN inspectors had been ousted in 1998. It cent of the population is agricultural, these that the country has significantly restruc- was noted that public opinion in Great Brit- are mainly small family run farms and they tured the Judiciary in the past several years, ain opposes military action against Saddam account for only seven percent of the Gross particularly the past six months, but there is unless it is sanctioned by the UN and, even Domestic Product. There is still considerable still a long way to go. He is proud of the fact then, there are many dissenters. Prime Min- poverty in the rural areas. that a large number of young, western edu- ister Tony Blair had taken credit for per- Lithuania produces products for export for cated Judges were recently sworn in but ac- suading President Bush to go to the UN for companies such as the furniture maker Ikea, knowledged that there are still many Judges

VerDate Mar 15 2010 22:09 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 0637 Sfmt 0634 E:\2003SENATE\S30JA3.REC S30JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1778 CONGRESSIONAL RECORD — SENATE January 30, 2003 left over from the fifty years of the Soviet Monday morning, December 30th, we met tion party. Bosbach as been a vocal sup- occupation. The Supreme Court however, is with members of the Country Team at the porter of U.S. initiatives in the war of ter- free from Judges from that era. U.S. Embassy including Terry Snell, the rorism. Our discussion centered on U.S. Ger- I then inquired about the position of Lith- Deputy Chief of Mission, John Lister, Dep- man relations and the issue of Iraq. I asked uania on Iraq and Saddam Hussein and where uty Counselor for Political affairs, and Franz him if the United Nations has a second reso- Lithuania would stand if it is proven that Seitz. The briefing began with discussions of lution authorizing the use of force where will Iraq has reestablished a program of weapons the poor state of relations between Germany the Germans stand. He felt there would still of mass destruction. President Adamkus be- and the United States which has reached its be no change of opinion in Germany. For lieves that it is inevitable that Hussein is lowest level in decades. Relations between Schroeder, there is no way back, he was ex- lying and that Lithuania will stand by its al- the two countries soured in September 2002 tremely vocal in his opposition to a war in lies and will be part of the overall effort if it when, during the German election campaign, Iraq throughout the campaign and he will comes to that point. President Adamkus Mr. Schroeder repeatedly voiced his opposi- then reminded me that Lithuania has been tion to military action against Iraq—a posi- not change course now. He continued on to exchanging small groups of officers with the tion which angered the U.S. The Administra- say that the majority of Germans were also United States for training exercises. He then tion was also infuriated by comments from opposed to action in Afghanistan, but noted to me that the Pennsylvania National former German Justice Minister Herta Schroeder was able to proceed there by call- Guard recently sent seventy troops to Lith- Daeubler-Gmelin, who likened President ing for a vote of confidence on the coalition. uania to perform a joint training missions Bush to Adolf Hitler. Although Chancellor He did feel, however, that Germany would be with our troops. Schroeder eventually apologized and fired active in any reconstruction efforts in Iraq. After our meeting with the President, we the Justice Minister, the comment signifi- Bosbach felt that Schroeder made two crit- departed for a meeting with Foreign Affairs cantly strained the relationship between our ical mistakes in dealing with the United Minister, Antana Valionis. Our conversation two countries. States. First, he said that the U.S. and Ger- focused on Lithuania’s invitation to join the After the election took place, the German many are friends and that friends don’t NATO alliance at the recent summit in people were incensed to learn that the Chan- speak publicly against one another in any Prague and the European Commission report cellor had painted a false picture of the state that included Lithuania on a list of ten of the German economy. He inflated the sta- circumstance. He felt that Schroeder han- countries expected to join the EU in 2004. tus of the fiscal situation of the Germany dled the situation of his Justice Minister’s Lithuania has made great strides, politically only to release data after the election indi- comments very poorly. Secondly, he felt that and economically, over the past decade and cating the deficit was significantly larger Schroeder should have never come out pub- their invitation to join both NATO and the than previously indicated. In fact, they are licly against action in Iraq without having EU are a reflection of those efforts. facing a terrible recession and have the slow- had a private conversation with President We discussed Lithuania’s support for the est economy in Europe. Bush first. War on Terrorism. They have deployed a 40- I then questioned the team on anti-Semi- As a member of the opposition party, Mr. man Special Operations force to Afghanistan tism in Germany and was discouraged to Bosbach is convinced that the German gov- and have committed a medical support unit hear that it is on the rise in certain areas to the International Security Assistance ernment hasn’t done enough in the war on particularly among young people. One argu- terror. As an example, he believes that in Force (ISAF). It should be noted that Lith- ment for the increase in anti-Semitic atti- Germany, if the government has adequate uania also contributed to operations in tudes among young people is the simple fact proof that an individual belongs to a ter- Bonsia-Herzegovina and Kosovo and cur- that because of the economy there are very rorist organization, they should automati- rently have over fifty troops in the area. few activities or jobs for youth in Germany. cally lose their citizenship. Germans cannot That evening I attended the opera Aida, at Right wing, anti-Semitic, anti-foreigner, expel or deport anybody and with German the Russian built Opera house. Following the anti-American groups host events for young Opera, I departed for the U.S. Marine Bar- teens and provide entertainment as well as a citizenship, an individual can pass freely racks to watch the Philadelphia Eagles play social setting while instilling these trou- into many countries. Last year alone Ger- the New York Giants on the Armed Forces bling ideas. These groups are also closely al- many issued three hundred and forty thou- channel. lied to the ‘‘skinhead’’ movement. The em- sand visas to individuals from rogue states. On the morning of Sunday, December 29th, bassy also indicated that there is a rise in Mr. Bosbach believes there is a network of we departed for a tour of Zydu, the Jewish anti-Semitic contact in German media re- terrorists in Germany as three of the Sep- section of Vilnius with our guide Yulik ports. tember 11th pilots had lived in Germany. Gurvitch. This area was once a thriving spot I than explored the idea of whether there for Jewish culture, but was desecrated by the After our meeting with Mr. Bosbach, we was any concern that Germany could go headed for a luncheon hosted by the Berlin Nazis occupation and later torn down by the back to the ways of World War I or II. The Soviets. The area served as a prison camp for chapter of the American Chamber of Com- country team seemed confident that this merce. The Chamber members in attendance 60,000 Jews, of which most perished in the could never happen because there is no polit- neighboring Paneriai forest. Vilnius was also were both Germans and Americans. I was in- ical energy to increase the size or strength of terested to learn that there are over two home to the famed Yiddish Institute for the military or return to a militaristic soci- Higher Learning and the Strashum Library thousand American Companies in Germany ety. I was further explained to me that Ger- which have invested one hundred billion dol- which housed the world’s largest collection mans are morally horrified by what hap- of Yiddish-language books. It was known lars and employ over eight hundred thousand pened in this country during World War II people. throughout the world for its thriving Yid- and have a moral revulsion to much of their dish-language theaters and libraries and past. The Germans are making a conscien- I inquired about the overall attitude of the schools and was coined the Jerusalem of the tious effort to teach the holocaust in their group regarding the U.S.-German relation- north. text books and classrooms and are facing ship. There was widespread agreement that I was pleased to learn of Lithuania’s com- their history head on. They make no effort the members were disappointed about the po- mitment to deal with its difficult past as it to hide the atrocities committed in the past. sition the German government took during pertains to the Jewish faith. In 2002, the gov- The current German attitude was illus- the election. As one member put it, the rela- ernment returned hundreds of Torah scrolls trated by the sentiment that in Germany tionship which took fifty years to rebuild to Jewish groups and announced its plan to today it is politically incorrect to make the was destroyed in five seconds. However, restore and revitalize the Jewish Quarter. A statement that you are proud to be a Ger- many in the group felt that a majority of program to educate its soldiers and students man. The German people are well-aware of Germans are not anti-American. When I about the Holocaust is also in place. We de- how they are perceived by the world for their asked if they thought Germany would go parted Lithuania around mid-day bound for actions of yesterday and are very cautious along with a United Nations resolution Germany. about perpetuating the idea that they are be- against Iraqi if there was sufficient proof GERMANY coming too nationalistic or militaristic. For that Saddam is lying, it was clear nobody On the afternoon of Sunday, December example, last year a cabinet minister almost thought the government would support ac- 29th, we arrived in Berlin, Germany and were lost his job for saying those words. Further, tion in Iraq. met by Franz Seitz, our control officer at the Chancellor Schroeder used the phrase ‘‘the U.S. Embassy. He notified us that former German way’’ in a campaign statement last I expressed surprise that the economy was Senator Dan Coats, who now serves as Am- year and was so widely criticized he was in the difficult situation it is today as I have bassador to Germany, was back home in the forced to stop using the statement. It ap- always had a great respect for German inge- United States celebrating the birth of his pears that because of Germans instigation of nuity, efficiency, and technology. Many of grandchild. From the airport, we drove World War I and II that the most pervasive the group were keenly interested in how the through Berlin toward our hotel. It was attitude in Germany is passivism. international situation and the relationship gratifying to see first-hand Berlin’s progress After the country team briefing, we met of our two counties was going to affect fu- since the infamous fall of the Berlin Wall on with Wolfgang Bosbach, a member of the ture business and trade. I believe that busi- November 9, 1989. Berlin is a modern city em- Bundestag, who is the Chair of the Domestic ness people still want to do business regard- bracing the 21st century while maintaining a and Legal Affairs Committee and member of less of any comments made by Chancellor sense of its rich history. the Christian Democratic Union, the opposi- Schroeder.

VerDate Mar 15 2010 22:09 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 0637 Sfmt 0634 E:\2003SENATE\S30JA3.REC S30JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 30, 2003 CONGRESSIONAL RECORD — SENATE S1779 In the afternoon, we arrived at the German posal. This is the first publicly disclosed valid role for the U.S. Government to play Federal Ministry of the Interior for a meet- budget of the Palestinian Authority. He when Americans are killed. ing with Reinhardt Peters the Minister-Di- identified significant reforms that he has in- Following my meeting in Jerusalem with rector in the Police Bureau. Mr. Peters in- stituted. First, he has centralized the Treas- the Attorney General, I proceeded to Tel formed me that he is responsible for coordi- ury. This means that all revenues will now Aviv to meet with Prime Minister Ariel nating police responses to major crime in- be going directly to the department of the Sharon where we discussed a wide range of cluding terrorism, and plays a key role in co- Treasury. Prior to his reform, Palestinian fi- topics including Palestinian terrorism, operative law enforcement efforts within the nances went into many different accounts Israeli military response, Iraq, and Yasser EU and with other nations. He is also in- with no centralized control. This enabled Arafat. Prime Minister Sharon complained volved with Germany’s lead-nation role in monies to be used for such purposes as arms about the ten thousand Hizballah rockets in building an Afghan national police force. We purchases and terrorism financing. Second, Lebanon which are pointed toward Israel. He discussed such subjects as the death penalty, Mr. Fayyad took control of public hiring. In said Damascus was the center and head- which Germany does not have and how the the past, there was no management of the quarters for the most radical terrorist Germans are prepared to deal with ter- public payroll. There were literally hundreds groups and said they should immediately be rorism. of people within the system who could hire dismantled. In context of his focus on Syria, Following the Ministry of Interior meeting government employees. This encouraged cor- I then asked the Prime Minister if he would we proceeded to the Federal Ministry of Jus- ruption and patronage leading to more vio- be willing to go to Syria to discuss this. He tice for a meeting with Minister-Director for lence. Now, under Mr. Fayyad, no additions said he was interested in going to Damascus Criminal Law, Christian Lehmann. Earlier to the payroll can be made without the ex- and would be willing to sit down at the nego- this month, the German government agreed press permission of the Ministry of Finance. tiating table with President Bashar al-Assad to provide evidence requested by the U.S. He also took control of the internal auditing of Syria so long as there were no pre- pertaining to suspected ‘‘20th hijacker’’ system. conditions. I asked if he would object if I Zacarias Moussaoui. Germany had initially I then met with Foreign Minister conveyed that message to President Assad refused to provide the evidence, arguing that Netanyahu and we discussed a number of when I was in Damascus and he said no. its constitution forbids providing evidence subjects including the peace process, Iraq, I then went on to meet with former Prime that could lead to enforcement of a death and the issue of the prosecution of criminals Minister Ehud Barak at his private office in sentence. The U.S. Justice Department for terrorist acts committed against Ameri- Tel Aviv. Mr. Barak was in good spirits and agreed to use the evidence only during the cans abroad. I expressed an interest to extra- we had a conversation covering many sub- guilt determination portion of the trial, and dite to the United States terrorists whom we jects including the peace process, Lebanon, not the sentencing portion of the trial. Given know are responsible for the death of Ameri- Iran, and Iraq. Mr. Barak indicated that he its original reluctance in the Moussaoui cans. I provided the Foreign Minister with a supported the efforts the Bush Administra- case, it is not clear how much cooperation list of several known assassins, some of tion is making toward trying to achieve a Germany is providing in other terrorist in- which were either currently in Israeli pris- lasting peace in the area and believes it rep- vestigations relating to September 11th and ons or whom Israel had adequate knowledge resents a very good opportunity. We also dis- any other al-Qaeda investigation. Germany of their whereabouts. I encouraged the cussed the effort that Prime Minister Tony is currently prosecuting Mounir el- Israelis to work with the United States Jus- Blair was making by meeting with President Motassadeq for his alleged involvement with tice Department in prosecuting these terror- Assad and others in the region. the Hamburg terrorist cell connected with ists. Our final meeting of the day was with During a lunch meeting with Saeb Erakat, the September 11th attacks, having charged former Prime Minister Shimon Peres. My we discussed Chairman Yasser Arafat’s lead- him with ‘‘aiding and abetting’’ the murder first observation was that he didn’t age. I ership abilities and my opinion of the need of the over thousand victims of September asked him about this and he advised me that for the Chairman to step aside. I told him I 11th. his philosophy of life keeps him young—he is thought it unrealistic to rely upon Chairman The following day we had the opportunity an optimist. Our meeting was brief as the Arafat in the peace process because of the to attend a lunch meeting at the offices of hour was late and he had another appoint- evidence implicating him in terrorism. It the American Jewish Committee (AJC). ment that day. We spoke about Chairman had been established that he knew about the Lunch was hosted by the managing director, Arafat and the possibility of his moving into shipment of arms from Iran early last year Deidre Berger and Greg Caplan, the assistant a position of less power within the Pales- and his handwriting was on documents fund- director of the AJC in Berlin. Our discussion tinian Authority. He doubted that would ing terrorism. I raised the possibility that primarily focused on the attitudes of Ger- happen. Chairman Arafat might be regulated to a tit- mans toward Jews. They were encouraging We then discussed his approach to peace ular position. Mr. Erakat said that he be- on many fronts. First, they were confident discussions. He believes the process should lieves there is no other alternative to Chair- that the majority of young people are inter- move forward in several directions at once, man Arafat and that he was working to pro- ested in maintaining memory of the holo- as opposed to the widely discussed strategy mote peace and he even gave a recent speech caust and lessons of their dark past are wide- of achieving individual milestones. He com- calling for a cease fire. He then went on to ly taught in German schools today. Further, pared it to sending a fleet out instead of a say that Chairman Arafat was one of the the AJC commended the German govern- train. On the topic of Syria, Mr. Peres did first leaders to call for a dialogue. Mr. ment for their willingness to teach about not discount the idea of peace negotiations, Erakat stated that there is no trust on ei- racism and tolerance and their cooperation but expressed his feeling that Israel should ther side and that under those circumstances with the AJC on this front. Less positive not lose sight of the Palestinian issue, the it will be almost impossible to begin the however, were the results from their recent matter of prime importance. process of a recovery. survey indicating that negative attitudes to- When I asked if he thought there was a EGYPT ward Jews are widespread in German society chance for the suicide bombings to stop, he We arrived at Cairo International Airport today. Sixty percent of Germans acknowl- said he hoped it was possible, but it will be on Friday, January 3rd where we were met edge that anti-Semitism is currently a prob- very difficult because all a person needs is a by our control officer Steven Bondy. From lem in Germany according to the survey. ‘‘mind-void of hope’’ and two hundred dollars the airport we immediately went to tour the Keeping with the theme of the day, we to bring about terror. He said that the cir- impressive Egyptian Museum where we headed to the Jewish Museum which had an cumstance on the ground in the Palestinian toured King Tut’s tomb and other historical exhibit of 2000 years of German-Jewish his- territories was hopeless for so many. artifacts. tory. On New Years Day, 2003, we departed I then went on to meet with the Israeli At- Following the Museum, we went to the Berlin for Israel. torney General, Elyakim Rubenstein. I fur- U.S. embassy where I had the opportunity sit ISRAEL ther probed the topic of extradition of ter- down with a group of Egyptian reporters for Thursday, January 2nd provided us the rorists accused of killing Americans in Israel a roundtable discussion of current affairs. chance to meet with representatives of the and further solicited the cooperation of the I then proceeded to the Foreign Ministry Palestinian Authority and Israeli leaders. In Israeli Government in an effort that would for a meeting with Minister Ahmed Maher the morning we met with United States Am- support a U.S. prosecution of these terror- and U.S. Ambassador David Welch. We dis- bassador Daniel Kurtzer, and Salam Fayyad, ists. I noted that I had spoken with Foreign cussed my upcoming trip to Damascus for the new Minister of Finance for the Pales- Minister Netanyahu regarding this issue and the U.S.-Syrian dialogue. Mr. Maher encour- tinian National Authority. Mr. Fayyad was provided him with a list of suspects. He said aged my participation and expressed praise certainly a breath of fresh air in the Pales- that he generally agreed with this idea and for the initiative by the James A. Baker III tinian Authority. Mr. Fayyad, who was pledged full cooperation and willingness to Institute for Public Policy at Rice Univer- raised in the West Bank has worked with the work with the U.S. Justice Department. We sity. We discussed Syria in some detail after- International Monetary Fund and the Fed- acknowledged that it is a high priority for ward and Mr. Maher’s support for President eral Reserve in St. Louis. He received his both of our governments to ensure that per- Assad. We then discussed the issue of vio- Ph.D in Texas and has spent time living in petrators are brought to justice. I responded lence in the Palestinian territories and Mr. Washington, DC. that I recognize Israel’s sovereign right to Maher expressed his disappointment and At the time of our meeting, he had just prosecute terrorists who attack and murder view that seemingly eveyday there is an- submitted the 2003 Palestinian Budget pro- its citizens, but pointed out that there is a other ‘‘incursion’’ by Israeli forces. On the

VerDate Mar 15 2010 22:09 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 0637 Sfmt 0634 E:\2003SENATE\S30JA3.REC S30JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1780 CONGRESSIONAL RECORD — SENATE January 30, 2003 upside, he noted that there were forces on ing in Syria. I asked that his country work locutors were adamant in opposition to war both sides amenable to change. to eliminate groups with Syria’s borders who against Iraq although they condemned Sad- The following day we flew to Sharm El- continue to fan the fire in the region. Presi- dam Hussein’s conduct. The Syrians wel- Sheikh, Egypt to meet with Egyptian Presi- dent Assad asserted that these groups, in- comed my opinion, even though I emphasized dent Hosni Mubarak. As usual, President cluding Hizballah and Hamas, do not conduct it was President Bush’s ultimate decision, Mubarak was a gracious host. We met in his terrorist operations out of Syria and that that the U.S. should return to the UN for an- private office and then were invited to join they represent thousands of Palestinians other resolution supporting the use of force him for brunch. We discussed his recent visit whom he would have to dislocate. He said he before acting. by Prime Minister Tony Blair and his view was unwilling to do so. I responded that if Notwithstanding the heated comments and on prospects for peace. President Mubarak Syria wanted to be removed from the U.S. diverse points of view, the exchanges were noted that the world has changed very much terrorist list, Syria would have to oust those constructive. The Syrians left with a better since our first visit with one another in 1982 terrorist groups from Syria and end support understanding of our revulsion to suicide but one thing that hasn’t changed is that he for Hizballah. bombings targeting civilians after our own is still willing to answer any question. I With regard to Israel we also discussed experience of 9/11. Both sides agreed that the asked him if he thought it was possible for Prime Minister Sharon’s complaint that killing of Israeli and Palestinian non-com- the violence to stop and he said he continued Syria controlled over ten thousands batants had to be stopped. The only real to work for a ‘‘cease-fire’’ by all parties. He Katyusha rockets, which were pointed to- agreement came on the utility of ‘‘dialogue’’ indicated that he is willing to do whatever ward Israel. President Assad said these even in the absence of any agreement on any he can to help, but that the United States would not be used against the Israeli people. proposed solution. President Assad emphasized Syria’s desire has to be in the center of any deal that is With the opportunity presented by a new to be removed from the U.S. Department of worked out. He said the same was true for a young, British educated President in Damas- State’s list of state sponsors of terrorism Syrian-Israeli deal as well. We went on to cus, we should accelerate our efforts to im- and his unhappiness about the Syrian Ac- discuss Iran and Iraq and their individual re- prove U.S./Syrian relations, persuade the countability Act which was introduced in Syrians on our views on terrorism and strive lationships with the United States and the last Congress and signed by over 45 of my for an Israeli/Syrian Peace Treaty. Egypt and the reaction of the Egyptian peo- colleagues. I told President Assad if the ter- We left Syria on the afternoon of January ple if President Bush returns to the United rorist groups were to leave Syria, it would go 6th, made an overnight stop in London to Nations for another resolution. He said there a long way toward their legislative goals in change planes, and headed back to Wash- was great concern in the Arab world about a the United States. war with Iraq. He indicated that there would I commended President Assad on Syria’s ington, DC on January 7th to begin a new likely be protests in the street and although willingness to support renewed weapons in- session of Congress. he could handle that in Egypt it would be spections in Iraq and sanctions aimed at dis- [From the Pittsburgh Post-Gazette, Jan. 15, difficult for other Arab leaders. President allowing that country’s re-armament, which 2003] Mubarak commented that the war with Iraq are steps in the right direction. I asked that A TOUR THROUGH EUROPE AND THE MIDEAST will have a negative effect on the Egyptian Syria continue to cooperate with the U.S. REVEALS THE LACK OF ENTHUSIASM FOR A economy and the economics in the region against al-Qaeda. U.S. MILITARY ATTACK ON IRAQ generally. I raised with President Assad the issue of My ten-day fact finding visit to Europe and Finally, on the local Pennsylvania scene, I an American, Mrs. Liz Henry Murad of New the Mid-East in late December and early urged President Mubarak to finalize a $100 York, who has requested assistance in locat- January found little support for a U.S. war million deal with Norfolk Southern, which ing her children who are believed to be in against Iraq. The Germans were outspoken has agreed to rehabilitate 100 Egyptian loco- Damascus. Her children were forcibly kid- in opposition. British Prime Minister Tony motives. Norfolk Southern is still negoti- naped by their father, Mr. Ruwayn Murad, Blair, personally a strong supporter of Presi- ating the terms of the contract, but it is my and reportedly taken to Syria. After alerting dent Bush, appeared to be a leader without hope that the deal can be worked quickly. President Assad, Foreign Minister Farouk many followers on this issue. President Mubarak responded that if the at-Shara, and Rustom al-Zoubi, Syrian Am- The strongest opposition and most dire funding was in the pipeline from USAID it bassador to the United States, of this abduc- warnings came from nations in the Mid-East would be completed. I offered my thanks to tion in separate letters dated February 8, with the exception of Israel. Egypt’s Presi- President Mubarak for Egyptian support for 2002, I raised the case with President Assad dent Mubarak, a solid U.S. ally for more the war on terrorism. personally during my previous visit to Da- than two decades, predicted violence against mascus in March 2002. Then, on April 4, 2002, SYRIA U.S. interests in the region if Iraq is at- I wrote to President Assad and Major Gen- On Saturday, January 3rd, we left Egypt tacked. U.S. Embassy personnel in Syria are eral Ali Houri, the Syrian Minister of Inte- and arrived in Damascus, Syria where we on alert to evacuate in advance of any war. rior, requesting that Syrian officials pursue were met by Ambassador Theodore H. Recollections are still fresh on the Syrian a Lebanese warrant for Mr. Murad. In this Kattouf and our Control Officer, Jen mob which ransacked our Ambassador’s resi- meeting with President Assad, he indicated Rasamimanana. Ambassador Kattouf is a na- dence in Damascus in December 1998 fol- he was willing to work with the Lebanese tive of Altoona, Pennsylvania and a graduate lowing a U.S. missile attack on Bagdad. Am- Government to resolve this case. of Pennsylvania State University. After at- I also asked President Assad about Guy bassador Ryan Crocker’s wife was rescued taining the rank of Captain in the United Hever, a missing Israeli soldier, who is be- just before the mob threatened to break States Army, he began a distinguished ca- lieved by his family to be a prisoner in a Syr- through the steel door in the so-called ‘‘safe reer in the foreign service including assign- ian jail. Mr. Hever was last seen on the haven’’. The bricks and mortar of the resi- ments in Kuwait, Tunis, Beirut, and Bagh- Golan Heights near the Syrian border on Au- dence have been repaired, but the psycho- dad. gust 17, 1997, I met with the mother of Mr. logical damage lingers on. The following morning I met with Syrian Hever in my Washington, DC office on No- I was in Damascus on that night in Decem- President Bashar al-Assad. President Assad vember 6, 2002 to hear of her son’s mys- ber 1998 when that attack occurred and was has been meeting with many of my House terious disappearance. Thereafter, I wrote to awakened at 2 A.M. to watch CNN’s coverage and senate colleagues in recent months and President Assad asking him to order an in- of the missiles striking Bagdad. Leaving I complimented him for his willingness to quiry into Mr. Hever’s whereabouts and pur- Syria on schedule at 6:30 that morning, I have a dialogue with the different groups. I sued the subject in our meeting. President then traveled to Egypt and Jordan and heard told him how useful I think it is for Members Assad said he would have the matter inves- strong Arab protests on the U.S. military ac- to have these meetings and how useful I tigated. tion which was minuscule compared to what thought it could be for him. We spent most of the day Monday, January is now planned. W discussed my trip to Israel and my meet- 6th at a U.S.-Syrian dialogue, which was a On January 6th in Damascus, the ‘‘US/Syr- ing with Prime Minister Ariel Sharon where continuation of the event that took place ian Dialogue’’, a forum initiated by the he indicated his willingness to discuss peace. last May at the Baker Institute at Rice Uni- Baker Public Policy Institute in Houston President Assad said anytime is a good time versity in Texas. The event was attended by last May, focused on Iraq as well as the for peace, but that he believes the United many experts on U.S.-Syrian relations in- Israeli/Palestinian issues. The Syrian inter- States needs to be involved in any negotia- cluding former U.S. ambassador Edward P. locutors were adamant in opposition to war tions. I asked him if he thought negotiations Djerejian, former Ambassador Richard Mur- against Iraq although they condemned Sad- could take place prior to an Israeli-Pales- phy, Syrian Deputy Foreign Minister Walid dam Hussein’s conduct. The Syrians wel- tinian negotiation. He commented that he al-Moualem, Buthayna Shaaban, head of the comed my opinion, even though I emphasized thought negotiations could get started, but Foreign Ministry’s foreign media and public it was President Bush’s ultimate decision, likely no agreement could occur until the relations department, Riad Ismet, director of that the U.S. should return to the UN for an- Palestinian issue is resolved. I told President the state radio and television service, and other resolution supporting the use of force Assad that the U.S. remains committed to Mohammad Aziz Shukri, a professor of inter- before acting. resolving the conflict. national law at state-run Damascus Univer- In a separate meeting, President Bashar al I then raised the issue which has been sity. Assad and Foreign Minister Shara com- brought up by Prime Minister Sharon in The dialog focused on Iraq as well as the plained to me about the UN’s refusal to give Israel regarding terror organizations resid- Israeli/Palestinian issues. The Syrian inter- all members of the Security Council the full

VerDate Mar 15 2010 22:09 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 0637 Sfmt 0634 E:\2003SENATE\S30JA3.REC S30JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 30, 2003 CONGRESSIONAL RECORD — SENATE S1781 12,000 pages turned over by Iraq after Syria tunnel. The Arabs, who vociferously argue it would probably cause a downgrading of re- and all the other 14 nations had voted unani- that Prime Minister Sharon does not want lations even to the possible extent of with- mously for Iraq to comply with its obliga- peace, must know that this January suicide drawing ambassadors. tion to disarm. I agreed that all member na- bombing strengthens his appeal in elections At the conclusion of my trip, I attended tions, which are asked to vote for sanctions scheduled for later this month. Those who the opening of the second U.S./Syrian Dia- including UN military action, are entitled to oppose peace, while perhaps not more numer- logue on January 6th in Damascus. The first all the Iraqi documents and whatever data ous, appear to be more effective than those ‘‘Dialogue’’ was held last May in Houston the U.S. can supply establishing Iraq’s non- who favor peace. under the co-sponsorship of the Government compliance. Our Mid-East visits did produce some of Syria and the James Baker Institute of While the Syrians strongly favored a sec- bright spots. The new Palestinian Finance Public Policy. The ‘‘Dialogue’’ focused on ond UN resolution, they left no doubt they Minister offers real hope that transparency the Israeli/Palestinian controversies and would not join in any UN military action as may be forthcoming and corruption may be Iraq. Notwithstanding the heated comments they had in 1991. They emphasized their 1991 restrained. A University of Texas Ph.D. in and diverse points of view, the exchanges joinder was based on Iraq’s attack of Kuwait, economics and a former official at both the were constructive. The Syrians left with a another Arab nation, which was not present IMF and the Federal Revenue, Salam better understanding of our revulsion to sui- now. Fayyad, a native Palestinian, returned to his cide bombings targeting civilians after our German Chancellor Gerhard Schroeder’s homeland after living in the U.S. from 1987 own experience of 9/11. Both sides agreed opposition to war against Iraq was echoed in to 1995. In our meeting at the U.S. consulate that the killing of Israeli and Palestinian our January 2nd meeting with Wolfgang in Jerusalem, Minister Fayyad outlined im- non-combatants had to be stopped. The only Busbach, a member of the Bundestag. He ex- pressive reforms: (1) requiring all revenues real agreement came on the utility of ‘‘dia- plained that his country’s experience in two to be paid to the Ministry of Finance elimi- logue’’ even in the absence of any agreement 21st century wars had made Germans irre- nating the potential for diversion for corrup- on any proposed solution. versibly pacifists. Even though he persisted tion or terrorism; (2) consolidating all hiring With the opportunity presented by a new in asserting Germany would not participate in his department to eliminate patronage young, British educated President in Damas- in military action even if the UN voted for and kickbacks; and (3) activating both inter- cus, we should accelerate our efforts to im- it, he hoped the U.S. would seek another res- nal and external audits. His just released prove U.S./Syrian relations, persuade the olution before acting. January 2003 budget was the first public Syrians on our views on terrorism and strive I was surprised to hear so much sentiment budget in the history of the Palestinian Au- that it was politically incorrect for Germans for an Israeli/Syrian Peace Treaty. thority. Mr. SPECTER. Mr. President, in the to express pride in being German. Chancellor If corruption and violence could be elimi- Schroeder was criticized for referring to the nated, or at least curtailed, the stage could absence of any other Senator seeking ‘‘German Way’’ in their recent election and be set for resumption of contributions by the recognition, I suggest the absence of a stopped using that phrase. That attitude in- donor nations to rebuild the Palestinian Au- quorum. dicates Germany’s reluctance to participate thority infrastructure and compensate Israel The PRESIDING OFFICER (Mr. BUN- in any military action which might revive for its losses. In a relaxed setting in the re- NING). The clerk will call the roll. international sentiment against German na- sort town of Sharm el-Sheik, President Mu- The assistant legislative clerk pro- tionalism. barak reiterated his longstanding efforts to These meetings confirmed my strong sense ceeded to call the roll. broker a ‘‘cease fire’’. With Hamas and Islam that the U.S. position would be greatly Mr. DURBIN. Mr. President, I ask Jihad continuing to claim credit for suicide strengthened by a second UN resolution. UN bombings and evidence linking Chairman unanimous consent that the order for Inspector Hans Blix has already noted Iraq is Arafat personally to supporting terrorists, the quorum call be rescinded. in default in not explaining what happened such a ‘‘cease fire’’ appears remote, but The PRESIDING OFFICER. Without to the weapons of mass destruction which it worth the continuing effort. objection, it is so ordered. had in 1998 before the UN was ousted. Per- After Prime Minister Sharon denounced haps the U.S. will be able to bolster the case (The remarks of Mr. DURBIN per- Syria’s harboring terrorist organizations in taining to the introduction of S. 250 are showing Saddam’s falsification from testi- Damascus and supporting Hezbollah in printed in today’s RECORD under mony from Iraq’s scientists or evidence from southern Lebanon, I asked him if he would U.S. Intelligence sources which can be dis- be willing to enter into peace negotiations ‘‘Statements on Introduced Bills and closed without compromising sources or with Syria as Prime Minister Rabin had in Joint Resolutions.’’) methods. the mid-1990s which were brokered by Presi- The PRESIDING OFFICER. The Sen- The final determinant on whether there dent Clinton. He said he would providing ator from New Hampshire. will be war may be the vague and unpredict- there were no pre-conditions and asked me able state of Saddam’s mind. Is he suicidal? to convey that offer to President Assad f While the evidence is overwhelming on his which I did three days later in Damascus. venality and brutality, my 75 minute meet- President Assad said he was willing to UNANIMOUS CONSENT ing with him in January 1990 persuaded me open peace talks with Israel. He said he did he was not a madman. Saddam has surprised AGREEMENT—NOMINATION not think it appropriate to conclude a treaty many by submitting to UN inspections, even before Israel and the Palestinian Authority Mr. SUNUNU. Mr. President, I ask opening up his palaces, apologizing to Ku- had reached a final settlement, but that Syr- unanimous consent that at 2:30 today, wait and making his scientists available for ian/Israeli talks could proceed on separate the Senate proceed to executive session interrogation. Perhaps he has a surprise end- tracks. I do not expect Syria and Israel to for the consideration of the England ing in mind. immediately activate such discussions, but nomination, as under the previous [From the Patriot-News, Jan. 21, 2003] the reactions were more positive than I order; provided further that the vote YOUNG SYRIAN COULD PROVIDE MIDEAST HOPE heard in many visits to Damascus and Jeru- occur on the confirmation of the nomi- A suicide bombing at a Tel Aviv bus ter- salem a decade earlier. nation at 2:50 today. minal murdering 23 more civilians on Janu- I then asked President Assad about ary 5th cast a pall over discussions on the Hezbollah and terrorist organizations in Da- The PRESIDING OFFICER. Is there Mid-East peace process which I had last mascus both in terms of Prime Minister objection? week with Prime Minister Sharon in Israel, Sharon’s complaints and Syria being on the Without objection, it is so ordered. President Mubarak in Egypt and President U.S. terrorist list. He responded that the or- Assad in Syria. ganizations in Damascus were not involved f In Israel, Prime Minister Sharon insisted in terrorism in Israel, but represented thou- that negotiations could not be conducted sands of Palestinians who lived in Syria. As EXTENSION OF MORNING with Chairman Arafat because of his proved to Hezbollah, President Assad insisted that BUSINESS complicity in supporting Palestinian terror- the Lebanese/Israeli border had been quiet, Mr. SUNUNU. Mr. President, I ask ists. When I suggested to Sa’ab-Erekat, Ara- except for one or two skirmishes, since April fat’s chief negotiator, that the Chairman 1986 when Secretary of State Warren Chris- unanimous consent that morning busi- step aside to a titular position without topher worked out an agreement between the ness be extended until the hour of 2:30 power, Erekat responded that Arafat was de- parties. p.m., with the time equally divided be- termined to stay on as the duly elected lead- Notwithstanding those responses, I urged tween the majority and minority leader. Egypt’s President Mubarak and Syrian him to do more to satisfy the demands of our ers or their designees, with Members President Bashar al Assad agreed there was State Department for Syria’s removal from permitted to speak therein for up to 10 no one else on the scene to speak for the Pal- the terrorist list. I remind him that the Syr- minutes each. ian Accountability Act in the 107th Congress estinians although neither would vouch for The PRESIDING OFFICER. Without Arafat’s word or his non-involvement in ter- had obtained 35 co-sponsors in the Senate rorism. which represented real concern on the ter- objection, it is so ordered. So, the stalemate continues with no sign of rorism issue even though opposed by the The Senator from Vermont is recog- the tunnel let alone a light at the end of the Bush Administration. Should it become law, nized.

VerDate Mar 15 2010 22:09 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 0637 Sfmt 0634 E:\2003SENATE\S30JA3.REC S30JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1782 CONGRESSIONAL RECORD — SENATE January 30, 2003 IRAQ time were obsessed with theories about a knee-jerk, trigger-happy approach Mr. LEAHY. Mr. President, this falling dominos. that alienates our friends and allies. Tuesday we heard the President of the I, like many here, and like many in We should work closely with the United States in his State of the Union the White House who are the most United Nations. We should remember Address once again appeal to the Amer- vocal advocates of a preemptive, uni- that far more of Iraq’s weapons were ican people to support sending United lateral invasion of Iraq, have been discovered and destroyed by the inspec- States troops into a preemptive war blessed with never having faced mili- tors after the Gulf War than were de- against Iraq. In support of his appeal, tary combat. stroyed by our troops during the Gulf I take to heart the wise words of my he did not tell us anything we have not War. friend, Senator CHUCK HAGEL: heard before. I have no doubt Saddam Hussein is A majority of the American people Many of those who want to rush this coun- lying. He has lied countless times be- try into war and think it would be so quick remain unconvinced that the United fore. He is likely hiding weapons, in- and easy don’t know anything about war. cluding chemical and biological weap- States, only 3 months after sponsoring They come at it from an intellectual per- a U.N. Security Council resolution call- spective versus having sat in jungles or fox- ons. The U.N. inspectors’ report leaves ing on Iraq to disarm, should now, holes and watched their friends get their little doubt of that. without the support of the Security heads blown off. The Iraqis have not explained what Council, abandon the U.N. inspections These same administration officials happened to thousands of tons of chem- process and launch a unilateral mili- have also studiously avoided talking ical weapons material, and other bio- tary invasion. about what is inevitable in any war— logical munitions they had in their On January 18, in my home State of American lives will be lost and the possession 5 years ago. There have been Vermont, over 3,000 Vermonters gath- lives of innocent civilians, overwhelm- discoveries of empty chemical weapons ered in front of the Vermont State ingly, will be lost. People will die on shells and documents they had not dis- House in Montpelier, in freezing weath- both sides. And they give short shrift closed. These are serious discrepancies er—in fact, some of the coldest weather to the risks war with Iraq poses to by a regime that is among the world’s we have had in years—to express their building broad support for peace in the most dangerous, deceptive, and brutal. opposition to a war with Iraq. It is a Middle East and, most important, to There may also be other evidence of privilege to represent a State whose our efforts to thwart international ter- Saddam Hussein’s deception that the citizens have always been among the rorism. administration has not yet revealed. most thoughtful voices and sometimes The saber rattling in Washington— But the inspectors are continuing their the most outspoken voices. and the steady deployment of tens of work, and the results so far do not jus- Those Vermonters were of all ages thousands of U.S. troops, planes, and tify abandoning the inspections process and from all walks of life. They were ships to the Persian Gulf—is causing and sending thousands of American not alone. Hundreds of thousands of alarm and fear both here and abroad. men and women into a war costing Americans, including many But world opinion, including so many hundreds of billions of dollars, that Vermonters, traveled to Washington to of our allies, is squarely in favor of ex- will cost American lives, and the lives brave the subfreezing temperatures hausting every effort to avoid war. of innocent civilians, and could trigger here. And there were protests in other The people of Vermont gave me, as a a wider conflict in the Middle East, cities and towns across the country. member of the Senate Armed Services while creating more enemies and ter- These demonstrations convey the Committee in the spring of 1975, the op- rorists over the long run. growing recognition of many Ameri- portunity to cast a tie-breaking vote If Saddam Hussein is removed from cans that the administration is pre- against continued funding of the Viet- power, we will all celebrate. He has ter- paring to invade Iraq, despite the op- nam war. I recall so well how over 30 rorized the Iraqi people for decades. His posing views of many allies and irre- years ago, even before focus groups, security agents have sadistically tor- spective of any decision by the U.N. Se- mass polling, and the hyperbole of mid- tured, even summarily executed, many curity Council. term elections, White House politics— thousands of people. But far more is at The situation in Iraq is not a simple joined unfortunately by both parties— stake here than getting rid of Saddam black-and-white issue. I have said this not the need to protect the American Hussein. At stake is the justification over and over. We saw how the Reagan people, caused the deaths of tens of for sending Americans into war absent administration and the former Bush thousands of people in that unneces- an imminent threat to the security of administration often facilitated and sary war in Vietnam. I am as proud of the United States, the most powerful frequently ignored Saddam Hussein’s that vote as any I have cast since—and Nation on Earth. development of weapons of mass de- I have cast well over 10,000 votes in this We have heard a lot of strong rhet- struction, until he extended his terri- body—and I will bring Vermonters’ oric, but we have not heard a compel- torial claims to Kuwait’s oil fields. We voices to the Iraq debate today. ling case that the use of military force all know there is abundant evidence It has been only 60 days since the is the only alternative to disarm Iraq. that Saddam Hussein is a deceitful, U.N. weapons inspectors returned to Last year, our President pointed to murderous villain. No one ignores that. Iraq. They are just reaching full capac- ‘‘evidence’’ that Iraq was developing Still, there are times in history when ity. I and others here urged President nuclear weapons. Today, that evidence circumstances compel us to speak out, Bush to go to the United Nations and seems to be disappearing. Despite a and this is one of those times. seek a resolution calling on Iraq to dis- rush to judgment by some White House Several Senators have spoken elo- arm, and I applauded the President officials, U.S. intelligence experts re- quently—Senator KERRY, Senator when he did that. It was one of the fin- main deeply divided on this question. BIDEN, Senator KENNEDY, and others— est speeches of his career, and he se- The International Atomic Energy and I associate myself with many of cured a unanimous vote in the Security Agency says there is no evidence that their remarks. Council for that resolution. Iraq has resumed its quest for nuclear Mr. President, the White House and Now, however, the White House is weapons. Pentagon are fueling the belief that wrong to dismiss the inspections as In response, the White House claims war with Iraq is inevitable. That was having failed so soon when the chief there is proof Iraq is hiding chemical the President’s message in the State of U.N. inspector says he is expanding his and biological weapons. That proof the Union Address, although no new team and plans to work at least into may well exist. If it does, the adminis- evidence was offered. Many in the March. The British, French, and Ger- tration should immediately take it to White House are eager, even impatient, man governments have all said the the Security Council to help convince for war to begin. They view Iraq as the U.N. should be given more time, espe- skeptical friends and allies and to as- first step in a fundamental reshaping of cially as long as the Iraqis give the insist the inspectors in their disar- the geopolitical alignment of the Mid- spectors access throughout the coun- mament work. dle East. It reminds me of when I first try. I remember when I was a student started serving in the Senate, and the This is the type of common sense here in Washington at Georgetown Uni- White House political thinkers at that that should be guiding our policy, not versity Law School at the time of the

VerDate Mar 15 2010 22:09 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 0637 Sfmt 0634 E:\2003SENATE\S30JA3.REC S30JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 30, 2003 CONGRESSIONAL RECORD — SENATE S1783 Cuban missile crisis. President Ken- throughout the Muslim world, extre- and prosperity. The economy grew at nedy sent his Ambassador, Adlai Ste- mism that threatens us more than any- an unbelievable rate. We were at peace venson, to the chambers of the United thing else today. with our neighbors. We focused on Nations. He held up irrefutable proof of It threatens us because even today health-care, welfare, education, and the missiles being put in Cuba by the terrorists plan their attacks within the other domestic priorities. The fall of then Soviet Union. With that proof, the United States, not in the Persian Gulf. the Soviet Union eliminated the threat world rallied around the United States. We need the world to be with us. A to our Nation. Our defense budget We have to remember how missteps broad-based coalition is indispensable shrank; our intelligence resources can create more problems. The situa- for achieving long-term peace in the dwindled; and our homeland defenses tion in North Korea today illustrates Persian Gulf and the Middle East, as remained virtually nonexistent. The how a dangerous situation can quickly well as our continuing efforts against biggest problem our military faced was escalate unnecessarily. By taking op- international terrorism. not how best to invade Iraq, but how to tions off the table, we are worse off This war is not inevitable. We should keep enlisted families off food stamps. today than we were a few months ago. not talk or act as if it is. But if war Our mind simply was elsewhere. A After backing the United States into a does come, let the United States be number of blue-ribbon commissions corner, the White House is now disable to say we did everything we could tried to get our attention. The Bremer cussing donations of food and fuel, an to try to solve this another way; that Commission pointed out the defi- approach they ridiculed just a short we worked in concert with the United ciencies of our intelligence collection time ago. We have to be more con- Nations; and that the U.N. was efforts. The Gilmore Commission re- sistent. strengthened in the process. We must vealed how disconnected, disparate, Today, there are no U.N. inspectors be convinced that war is justified; that and dysfunctional our homeland secu- monitoring the North Korean nuclear the sacrifice of American lives can be rity efforts were. And, the Hart-Rud- facilities. Tensions have dramatically justified; that America taking this step man Commission discussed how much increased, and we have serious dis- of a preemptive war can be justified our Federal Government needed to be agreements with our Japanese and not only today but, in history’s eyes, restructured to better combat ter- South Korean allies. Let us not make decades from now. rorism. Yet many of the recommenda- the same mistake in Iraq that history, I do not believe that threshold has tions from these commissions were both decades ago and more recently, yet been reached. So many of the pushed aside as being impractical, too has tried to teach us. American people do not. Our allies do expensive, or unnecessary. As it turns Saddam Hussein must be disarmed to not. out, they were right, and on September the point that he is no longer a threat I suggest the absence of a quorum. 11, we paid the price. to his neighbors. U.N. resolutions must The PRESIDING OFFICER. The Since that dreadful day, we have be respected and enforced. But these clerk will call the roll. made considerable progress. We have are matters of concern to the world, The legislative clerk proceeded to rid Afghanistan of its terrorists-run not just to the United States. We are call the roll. government, disrupted terrorist oper- Mr. ALLARD. Mr. President, I ask part of the world, but we are not the ations around the world, and taken unanimous consent the order for the whole world. steps to improve our homeland de- The U.N. inspectors need time to quorum call be rescinded. The PRESIDING OFFICER. Without fenses. I was pleased last November complete their work. It is divisive and objection, it is so ordered. when the Congress, after 3 months of damaging for the United States, having Mr. ALLARD. Mr. President, I under- debate, approved legislation to create secured a Security Council resolution, stand we are in morning business? the Department of Homeland Security. two months later to short-circuit the The PRESIDING OFFICER. The Sen- This Department will pull together 22 U.N. process in the name of enforcing ator is correct. agencies and nearly 200,000 Federal em- that same U.N. resolution. f ployees. It will not be an easy task. To those officials in the White House Tom Ridge, the new Secretary of the and the Pentagon who would use the HOMELAND SECURITY AND Department, will have his hands full U.N. inspections as a mere excuse to NATIONAL DEFENSE for many years to come. justify unilateral military action, I say Mr. ALLARD. Mr. President, fol- The Department of Defense has also the same things as when I opposed the lowing the attacks of September 11, taken a number of measures to im- resolution authorizing the use of force many Americans found themselves prove our homeland defense. The estab- that passed the Senate back in Sep- feeling, perhaps for the first time, a lishment of Northern Command was a tember: This Vermonter never has and sense of vulnerability. Terrorists had significant organizational step toward never will give a blank check to this successfully infiltrated our country, hi- fighting terrorism at our borders. The President or to any President to wage jacked four of our jetliners, and com- new commander, Air Force Gen. Ed war. mitted mass suicide. Using simple tac- Eberhart, will be responsible for the de- The next weeks and months will be tics and superb coordination, they sin- fense of the United States, including decisive. Let’s hope the Iraqi Govern- glehandedly changed the American land, aerospace and sea defenses. ment fulfills its obligations and the in- mindset in a matter of minutes. NORTHCOM will also provide military spectors finish the job in a manner President Bush recognized that our assistance to civil authorities, includ- that gives credibility to their conclu- way of life changed drastically on Sep- ing crisis and subsequent consequence sions, whatever those conclusions may tember 11. During an address to a joint management operations should such be. Let’s work with the U.N. Security session of Congress and the American assistance be necessary. Council and our allies to find a way people 9 days after the attacks, Presi- This past year the Congress went fur- forward. dent Bush said the following: ther when it created a new Assistant Unlike his father a decade ago, this On September 11, enemies of freedom com- Secretary of Defense for Homeland Se- President has not built a broad coali- mitted an act of war against our country. curity within Department of Defense. tion for military action. If diplomacy Americans have known wars—but for the The assistant secretary will be respon- fails, I am confident we can win a mili- past 136 years, they have been wars on for- sible for providing guidance and plan- tary victory. After all, we have the eign soil, except for one Sunday in 1941. ning assistance to the various combat- most powerful military in the world. Americans have known the casualties of ant commands, including NORTHCOM. But acting unilaterally would be ex- war—but not at the center of a great city on a peaceful morning. Americans have known The Senate Armed Services Com- tremely costly. It would lead to a pro- surprise attacks—but never before on thou- mittee, of which I am a member, held a longed U.S. military occupation of sands of civilians. All of this brought upon hearing today on the President’s nomi- Iraq, the expenditure of tens, even hun- us in a single day—and night fell on a dif- nee, Paul McHale, for this position. dreds, of billions of dollars. It would ferent world, a world where freedom itself is Despite our efforts to build stronger damage our relations with key allies, under attack. homeland defenses, our country finds and it would further inflame the anti- For nearly 10 years prior to that, our itself confronted by numerous threats American extremism that is growing country enjoyed unprecedented peace on several different fronts. As we

VerDate Mar 15 2010 22:09 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 0637 Sfmt 0634 E:\2003SENATE\S30JA3.REC S30JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1784 CONGRESSIONAL RECORD — SENATE January 30, 2003 speak, thousands of U.S. soldiers, sail- programs. The Bush administration Missile defense is not the only pro- ors, and marines are being deployed has sought to form a global consensus gram that has received increased at- around the globe in such remote places to deal with North Korea’s WMD ambi- tention since President Bush’s elec- as Southeast Asia, the Persian Gulf, tions. Press reports indicate that the tion. The DOD budget as a whole has and the Horn of Africa. Just last week, President wants the United Nations Se- grown substantially over the past 2 4,000 soldiers from Fort Carson, CO, curity Council to deal with this threat years. Last year, the Congress author- were given orders to deploy overseas. to East Asia. I think this is a good first ized over $390 billion in funding the de- The war against global terrorism step. partment, an increase of nearly $40 bil- continues to require substantial re- In many ways, the North Korean lion from the year before. While much sources and considerable foreign co- issue is different from the situation in- of this increase went to support our operation. The administration has volving Iraq. There haven’t been any military operations overseas, some of made enormous progress in this area, U.N. resolutions calling for the disar- this money was used to shore up our but more remains to be done. Many al- mament of North Korea, nor have counter-terrorism efforts, improve our Qaida operatives are at large, and sev- North Korea’s allies, China and Russia, intelligence capabilities, and develop eral nations continue to support terror shown much interest in resolving this new technologies to counter the grow- groups. We must remain vigilant and issue. A global consensus is now begin- ing threats to our Nation. The depart- proactive if we are to prevent future ning to form. Our allies in the region, ment is expected to request similar terror attacks. South Korea and Japan, are only start- funding for the upcoming fiscal year. With regard to Iraq, as the President ing to realize the danger North Korea’s The President and the Congress have said during his state of the union ad- WMD efforts pose to the region. worked hard over the past 2 years to dress, Saddam Hussein continues to Five years ago, North Korea test- reduce the threats to our Nation and hide his weapons programs, despite an launched a three-stage ballistic missile prevent future attacks. It has not been aggressive weapons inspection regime. over Japan that could have reached easy. Partisan politics, divergent per- To many, the 12,000 page Iraqi declara- parts of the United States. sonalities, and conflicting perspectives I think that is worth repeating. tion given to the United Nations last frequently interrupt the process. Five years ago, North Korea test- December was duplicative of previous I believe the President deserves much launched a three-stage ballistic missile declarations and revealed little of of the credit for this progress. He has over Japan that could have reached value. It only served to highlight Sad- stepped up and led our country in a dam Hussein’s determination to retain parts of the United States. This test ended a debate as to wheth- very difficult time. His message has his weapons of mass destruction. clearly resonated with the American The reports earlier this week by the er our country was vulnerable to bal- people. Increased vigilance and en- U.N.’s chief weapons inspectors. Hans listic missile attacks from countries of hanced security are essential in a time Blix and Mohamed ElBaradei, further concern. It became of question of what of uncertainty and perceived vulner- demonstrated that Iraq remains un- we were going to do about it. Finally, ability. I share this message and will willing to give up its weapons pro- after much debate, the Congress au- continue to work in the Senate to see grams. In his statement to the United thorized in 1999 the development and that measures that are enacted actu- Nation’s Security Council, Hans Blix deployment of a national missile de- ally increase the security of the Amer- emphasized this point. He said, fense system ‘‘as soon as it was technologically feasible.’’ ican people. Unlike South Africa, which decided on its Mr. President, I yield the floor and own to eliminate its nuclear weapons and Since President Bush’s election in welcomed the inspection as a means of cre- 2000, the Department of Defense has suggest the absence of a quorum. ating confidence in its disarmament, Iraq ap- made considerable progress on a mis- The PRESIDING OFFICER. The pears not to have come to a genuine accept- sile defense system. With additional clerk will call the roll. ance, not even today, of the disarmament funding and less restrictions, the Mis- The legislative clerk proceeded to which was demanded of it and which it needs sile Defense Agency has launched a call the roll. to carry out to win the confidence of the broad effort to evaluate all potential Mr. THOMAS. Mr. President, I ask world and to live in peace. options for missile defense, including unanimous consent that the order for Iraq has hedged, delayed, and avoided ground-based, sea-based, and even the quorum call be rescinded. complete disarmament for over a dec- space-based defenses. The MDA now The PRESIDING OFFICER. Without ade. There comes a time when diplo- has a number of high-profile missile de- objection, it is so ordered. macy and sanctions become exercises fense systems in development and is Mr. THOMAS. Mr. President, how in futility. There come a time when making progress in developing sophis- much time have we remaining? only military action will succeed ticated sensors capable of detecting in- The PRESIDING OFFICER. Eight where negotiations have repeatedly coming missiles. and a half minutes. failed. There comes a time when the As the chairman of the Senate Armed Mr. THOMAS. I thank the Chair. President of the United States, as lead- Services Subcommittee on Strategic f er of the free world, must say enough is Programs and Operations, including IRAQ enough. missile defense, I have assisted the Several press reports indicate that President in developing these systems. Mr. THOMAS. Mr. President, I recog- some U.S. allies, most notably France Last year, the Congress provided near- nize there has been a good deal of dis- and Germany, may oppose military ac- ly $8 billion for missile defense. cussion in the last day or two with re- tion against Iraq at this time. We I am pleased that a number of spect to Iraq; much of it, of course, as should certainly take their thoughts projects are now nearing completion. a result of the President’s State of the into consideration. Our alliances The PAC–3, an enhanced version of the Union Message the other evening, and, should be both respected and preserved. Patriot missile used during the gulf of course, it is a legitimate discussion At the same time, though, the Presi- war capable of intercepting short and about where we are with respect to dent has an obligation to our country medium-range ballistic missiles, has Iraq and terrorism. to do what is best for the United entered into production. The Army’s I believe the President’s message was States—his primary responsibility is Theater High-Altitude Air Defense— very complete. I thought he spelled out the safety and security of the Amer- THAAD—a system to counter medium- exactly what his plans are and the rea- ican people. It is my hope that our range ballistic missiles, is nearing pro- sons for them. I think he has pursued friends and allies will recognize our deduction. And, perhaps most signifi- the proper course over a period of time. termination to eliminate the threat cantly, the ground-based mid-course Certainly, there is no one here who posed by Iraq’s weapons programs and interceptor system, which provides the wants to have to go to war. No one here support our efforts in the Persian Gulf. United States with a limited defense wants active military intervention if Just as we prepare to confront Iraq’s against ICBMs, is scheduled to be de- that can be avoided. On the other hand, growing arsenal of destruction, we can- ployed in 2004, as announced by Presi- this is a progressive situation that has not ignore the threat posed by North dent Bush on December 17 of this past to be resolved, which started back in Korea’s nuclear and ballistic missile year. 1991, and has not yet been resolved. So

VerDate Mar 15 2010 22:09 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 0637 Sfmt 0634 E:\2003SENATE\S30JA3.REC S30JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 30, 2003 CONGRESSIONAL RECORD — SENATE S1785 I think the only legitimate, reasonable think it was 77 votes supporting the occur last night, so he is going to once course for us is to go through all we President to do what he has to do. again hear a little bit more about Sec- can to avoid military action, but if we Now there are suggestions of having retary England. But since Gordon Eng- do not get the results that need to be to go back and do that again. I do not land is such an unusually well qualified had, then that is our alternative. understand that, frankly. The basis for candidate for this position, I will beg I think we have been on the right that vote is still the basis for where we the indulgence of the Presiding Officer course. And we are not finished. Cer- are today. The authority there is the as I outline for my colleagues who were tainly we are not finished. There is all authority to finish the job that is very not here last evening his qualifications kinds of evidence that things that were threatening to everyone and, indeed, for this important post. promised or ordered to be done have must be completed. Last Wednesday, the Senate voted not been done. I certainly support the President and unanimously to confirm Tom Ridge to I think one of the things we need to his team in terms of trying to come to be the first Secretary of Homeland Se- consider is times have changed. Times a resolution on this situation, being curity. Today, I am confident that the have changed since September 11. prepared to do what we have to do— Senate will unanimously confirm Gor- Years ago, when there were threats of hopefully, not having to do it—but to don England to be Secretary Ridge’s war, what it involved, of course, was be sure we do everything we can to pro- Deputy at his side at the helm of this tanks and divisions landing and all tect Americans, to protect the world, critical new Department. kinds of very obvious military activi- to establish the responsibility that The Department of Homeland Secu- ties. Now the real threat is not that, it countries have with respect to the U.N. rity opened its doors last Friday. To- is terrorism; it is for things that could If we are going to have a U.N., if we are gether, Secretary Ridge and Deputy happen in this country similar to what going to have U.N. resolutions, then Secretary England make a formidable happened on September 11—without all they should be enforced, and they team to chart the new Department on that preparation, without all that should be expected to comply. a course to protecting our Nation from warning. It just happened in very ter- I believe that is where we are. All of the threat of terrorist attacks. rible kinds of incidents. So I think in us hope for the best and continue, I As President Bush has said: protecting our country, we need to un- hope, to support the President to do Our enemy is smart and resolute, [but] we derstand the situation is quite dif- what is necessary to protect us from are smarter and more resolute. ferent than it was. another September 11. There has been a great deal of talk Part of our resolve must be to place Mr. President, I yield the floor and the best possible leaders in charge of about smoking guns. Frankly, I do not suggest the absence of a quorum. believe you need to see a smoking gun the new Department of Homeland Se- The PRESIDING OFFICER. The curity. Gordon England is such a lead- if you go back to the beginning of this clerk will call the roll. whole enterprise. Go back to 1991, when er. The Committee on Governmental The legislative clerk proceeded to Affairs, which I have the honor of there was a cease-fire arrangement call the roll. after the gulf war, after Saddam had chairing, thoroughly considered his Ms. COLLINS. Mr. President, I ask nomination. We held a hearing last Fri- been driven out of the country he had unanimous consent that the order for invaded. And there was a legal basis for day. The nominee also responded to ex- the quorum call be rescinded. tensive prehearing questions. And yes- it. There was a cease-fire, an agree- The PRESIDING OFFICER. Without ment, and a succeeding U.N. resolution terday the committee unanimously objection, it is so ordered. agreed to discharge the nomination to which was the sound basis for our ac- f tion in Iraq. expedite floor consideration. The Council Resolution 687 was CONCLUSION OF MORNING Gordon England is extraordinarily adopted in 1991. At the heart of it was BUSINESS well qualified for this important post. a disarmament obligation from Iraq. The PRESIDING OFFICER. Morning He currently serves as Secretary of the Then you remember we had inspectors business is closed. Navy, a position he has held since May 2001. Moreover, he came to the Navy there up until 1998. There was very lit- f tle cooperation during all that time, with an impressive portfolio of man- and the evidence they had accumulated EXECUTIVE SESSION agement experience. He served as exec- then is still available. This was all utive vice president of General Dynam- done under international supervision. ics and he was responsible for two NOMINATION OF GORDON ENG- major sectors of the corporation: Infor- But nothing was completed. There was LAND TO BE DEPUTY SEC- not success in forcing Saddam to dis- mation systems, and international af- RETARY OF THE DEPARTMENT fairs. arm. So that is where we are at this OF HOMELAND SECURITY time. Earlier in his career, he served in I think the policy we have to take The PRESIDING OFFICER. Under various executive capacities at a num- takes into account what should have the previous order, the Senate will now ber of divisions of General Dynamics. been done, what has not been done— go into executive session and the Com- But as preparation for becoming the this irresponsible activity on the part mittee on Governmental Affairs is dis- Deputy Secretary of Homeland Secu- of Iraq’s leadership—and, therefore, we charged from further consideration of rity, it would be difficult to beat a tour are in the position to have to be pre- the following nomination which the as the Secretary of the Department of pared to do whatever is necessary to clerk will report. the Navy. As Secretary, Gordon Eng- make that happen. The legislative clerk read the nomi- land headed a department with a budg- I certainly hope that can happen. nation of Gordon England, of Texas, to et of over $100 billion and consisting of And I presume there is going to be be Deputy Secretary, Department of 462,000 sailors and 212,000 marines. some more time for inspectors. Hope- Homeland Security. The Department of Homeland Secu- fully, based now on another U.N. reso- The PRESIDING OFFICER. Under rity, which we often describe as a mas- lution, which, of course, was done in the previous order, there are now 20 sive new Department, will bring to- November of last year, we can put on minutes evenly divided on the nomina- gether a civilian workforce of about more pressure to have him comply with tion. 170,000 individuals. The Secretary of that resolution. The Senator from Maine. the Navy not only had many more The key to this situation, I hope ev- Ms. COLLINS. Mr. President, the military employees to supervise, but he eryone remembers, is to disarm—not Presiding Officer had the misfortune had a civilian workforce of 190,000 em- necessarily to attack, not to go into last night to be presiding when I pre- ployees. Iraq if we can get disarmament. That, sented the qualifications of Secretary Secretary England’s extensive expe- obviously, is the thing we are set up to Gordon England to be the Deputy Sec- rience in managing large complex oper- do. retary of the new Department of Home- ations in both the private and public I believe we ought to continue to fol- land Security. Unfortunately for the sectors will serve him well as the Dep- low the vote we took in the Senate. I Presiding Officer, the vote did not uty Secretary of the new Department.

VerDate Mar 15 2010 22:09 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 0637 Sfmt 0634 E:\2003SENATE\S30JA3.REC S30JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1786 CONGRESSIONAL RECORD — SENATE January 30, 2003 Moreover, Secretary England brings of the officers is the quality of the or- rivalries among the CIA, FBI, and a complete understanding of the De- ders, and in my view, since September other intelligence agencies are a major partment of Defense which will prove 11, the Bush administration has not problem we must overcome. Placing invaluable in developing the appro- proven itself bold enough, aggressive this fusion center in the new Depart- priate communications links and levels enough, or visionary enough to make ment would ensure analysis from an of coordination between the Depart- America significantly safer. independent entity outside of the exist- ment of Defense and the Department of Let me give you three quick exam- ing rivalries. The President’s approach Homeland Security. ples. perpetuates a major part of the prob- The Department of Defense recently First, intelligence. This administra- lem. Though I am glad he has finally established the U.S. Northern Com- tion’s failure to confront, much less agreed that we need a single Terrorist mand, or NORCOM, to oversee and fur- fix, the fundamental problems that Threat Information Center, the Presi- ther develop land, aerospace, and sea- plague our intelligence community has dent has been altogether too reluctant based military defenses of our home- been discouraging, disappointing, and I to challenge the status quo in the inland. It has also established a new As- believe potentially dangerous. telligence community and the FBI. sistant Secretary of Homeland Secu- I am, of course pleased that the Second, the role of the military. As rity. So it will be critical for the De- President, in his State of the Union ad- Secretary England understands well, partment of Homeland Security to dress, announced his support for the our armed forces have tremendous re- have a good relationship with the De- creation of a Terrorism Threat Infor- sources. There are 1.3 million people on partment of Defense and very good co- mation Center. For many months now, active military duty, most of them in ordination between the two Depart- I and other members of the Senate the United States, and about 900,000 ments as each performs its mission in have been proposing a similar analysis members of our Reserves and Guard. defense of our homeland. center as a way of addressing one of That’s 2.2 million defense personnel. Secretary England’s knowledge will the most glaring weaknesses in our do- We expect the Department of Home- help ensure that the two Departments mestic defenses exposed by the Sep- land Security to employ about 170,000 work as a team and not at cross-pur- tember 11 terrorist attacks. This new people. poses. In short, I believe Secretary center will be the place where the dots Taxpayers will invest almost $393 bil- England is uniquely qualified for this are connected, to give our Government lion this year, money well spent, in important job. We are extremely fortu- a better chance of uncovering terrorist their Department of Defense. The new nate as a nation to have two such high- threats and preventing attacks. I am homeland defense department will ly qualified individuals as Secretary glad that the Administration has fi- probably have a budget, and total re- Tom Ridge and Deputy Secretary Gor- nally agreed this is critical to our abil- sources, about one tenth that. ity to better protect the American peo- don England at the helm of this crit- Now, of course, our military’s prin- ple, though I must admit my frustra- ical new Department. cipal activities will be and must be tion that it has taken this long for the I urge my colleagues to join in sup- outside our borders. As we are learning President to awaken to the wisdom of porting this important nomination. in the effort to disarm Iraq, we need this solution. Seeing no one seeking the floor, I our forces to be strong. We need them During the debate over the Depart- suggest the absence of a quorum and to be flexible. We need them to be ment of Homeland Security, I proposed ask unanimous consent that the time ready at any time. be assigned equally to each side. creation of an independent Intelligence But I believe at the same time we can The PRESIDING OFFICER. Without Directorate, under the Secretary of and must use some of our defense as- objection, it is so ordered. Homeland Security, to be staffed by The clerk will call the roll. analysts on loan from the FBI, CIA, sets more effectively here at home. Our The assistant legislative clerk pro- and other intelligence agencies, and Department of Defense has trained, dis- ceeded to call the roll. given maximum access to the informa- ciplined, cohesive units with more ex- Ms. COLLINS. Mr. President, I ask tion about all terrorist threats col- perience in responding to crisis, more unanimous consent that the order for lected by those agencies. Its purpose technology, and more expertise in deal- the quorum call be rescinded. would be clear, to connect the dots and ing with chemical, biological, nuclear, The PRESIDING OFFICER. Without overcome the failures to share intel- and radiological weapons, than any- objection, it is so ordered. ligence that surely contributed to the body else in government. It has created Mr. LIEBERMAN. Mr. President, I successful terrorist attacks on our a new northern command to defend the rise today in support of the nomination country. United States. In this new kind of war of Secretary Gordon England to the po- Unfortunately, the President opposed taking place on a homeland battlefield, sition of Deputy Secretary of the De- that approach. Instead, the administra- we must use all those resources opti- partment of Homeland Security. Sec- tion insisted on focusing the Depart- mally. retary England has earned my appre- ment’s intelligence center on pro- I’ve put forward some ideas on how ciation and respect as Secretary of the tecting critical infrastructure, rather to do that, primarily by applying some Navy. We have met in oversight hear- than on performing analysis primarily of the expertise and experience of our ings conducted by the Senate Armed designed to preempt and disrupt at- National Guard. I hope the administra- Services Committee on which I serve, tacks before they occur. In the end, a tion engages in this discussion and and by the Airland Subcommittee I compromise was reached; creating a comes forward with some ideas of its have been privileged to chair. single directorate that would analyze own. Secretary England’s experience Based on that experience, I have no all terrorist threats as well as assess will make him an invaluable contrib- doubt but that Secretary England will vulnerabilities to the infrastructure. utor to this discussion. make a highly honorable and effective However, until the President’s State of Third, let me briefly discuss the role Deputy Secretary of Homeland Secu- the Union Address, the administration of the private sector. rity. His qualifications are not in ques- has insisted on implementing its origi- ‘‘United we stand, divided we fall’’ is tion, nor is his dedication. Throughout nal concept of infrastructure protec- not a cliche´. In the case of the war his entire professional career, Sec- tion. against terrorism, it is a truism, and a retary England has demonstrated a But there is still serious reason for warning for us all to heed. This war unique readiness, willingness, and abil- concern. The President said Tuesday cannot be won by Government alone. ity to help make America safer. night the new analysis center would We must be one Nation under collabo- However, as I have said repeatedly, it answer to the Director of Central Intel- ration, one Nation under cooperation. I will not be enough for this Department ligence and would be composed of ana- hope Secretary England, who has ex- to be led by public servants with good lytical units from the FBI and the CIA. tensive experience as an engineer and judgment, strong experience, and in- But Congress’s clear intent was that he executive in the aerospace industry, is depth expertise in homeland security. should create a strong Directorate to ready to think creatively about how Of course, that helps tremendously. ‘‘connect the dots’’ within the Depart- best to engage private industry to bet- But more important than the quality ment of Homeland Security. Historic ter protect us from terrorism, because

VerDate Mar 15 2010 22:09 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 0637 Sfmt 0634 E:\2003SENATE\S30JA3.REC S30JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 30, 2003 CONGRESSIONAL RECORD — SENATE S1787 in the past 16 months, the Bush admin- the wisdom of this approach. I have the Senator withhold until after the istration has been far too passive on said for more than a year that we can’t vote? this front. expect these private companies to com- Mr. WARNER. I will withhold until We are paying a price for that pas- mit themselves to this R&D if they after the vote. sivity. According to a report issued by cannot determine the scope and terms Mrs. BOXER. I so appreciate that. the Council on Competitiveness in De- of the market that might await them. The PRESIDING OFFICER. The cember, the vast majority of U.S. cor- But based on the details the White question is, Will the Senate advise and porate executives do not see their com- House has released to date, BioShield consent to the nomination of Gordon panies as potential targets of ter- does not incorporate any of the other England, of Texas, to be Deputy Sec- rorism. Only 53 percent of survey re- incentives I have proposed, no tax in- retary of the Department of Homeland spondents indicated that they had centives, no intellectual property pro- Security? made any increased security invest- tections, no liability protections, no Ms. COLLINS. Mr. President, I re- ments between 2001 and 2002. incentives to develop research tools or quest the yeas and nays. And most of the security changes in construct manufacturing facilities. It The PRESIDING OFFICER. Is there a the past year in the private sector have is a bare and belated beginning on what sufficient second? focused on ‘‘guards, gates and guns’’, in we have to do to engage the private There appears to be a sufficient sec- other words, on protecting the physical sector in this research. ond. security of buildings alone. Despite 80 We are in grave danger. The Defense The clerk will call the roll. percent of the respondents to the Coun- Science Board estimated in 2000 that The assistant legislative clerk called cil’s survey indicating they had con- we have only 1 of the 57 diagnostics, the roll. Mr. REID. I announce that the Sen- ducted vulnerability assessments re- vaccines and drugs we need to deal ator from New Jersey (Mr. LAUTEN- lated to their physical plants, barely with the top 19 bioterror threats. In BERG) is necessarily absent. half have studied the vulnerabilities in other words, if you do the math, we I further announce that, if present their telephone and shipping networks, were less than 2 percent prepared. No and voting, the Senator from New Jer- electric power supplies, and supplier progress has been made since then. The sey (Mr. LAUTENBERG) would vote companies, and even fewer companies DSB said if we were to launch a major ‘‘Aye.’’ had made any changes based on these industrial development effort, we The PRESIDING OFFICER (Mr. assessments. might be able to develop twenty of CRAPO). Are there any other Senators With 85 percent of our critical infra- these countermeasures in 5 years and in the Chamber desiring to vote? structure owned by the private sector, thirty in 10 years. The President’s an- The result was announced—yeas 99, this slow action ought to be a national nouncement of $600 million in funding nays 0, as follows: concern, and correcting it ought to be over 10 years won’t begin to address [Rollcall Vote No. 29 Ex.] a national priority. this massive and threatening gap. YEAS—99 Another area I believe we should in- The administration’s failure on this stantly expect more productive public- Akaka Dodd Lincoln front is, in my view, part of a general Alexander Dole Lott private partnerships is in vaccine de- myopia. The President seems unwilling Allard Domenici Lugar velopment. I am pleased that the Presi- to enlist every sector and segment of Allen Dorgan McCain dent has now acknowledged the need to society to do its part to help us win the Baucus Durbin McConnell Bayh Edwards Mikulski build new shields to protect ourselves war against terrorism. But Americans Bennett Ensign Miller from the deadly bioterror arrows that want to contribute. They want to know Biden Enzi Murkowski our enemies may use against us. This what they can do for their country. Bingaman Feingold Murray is an urgent priority that our Govern- Bond Feinstein Nelson (FL) This would have been the perfect place Boxer Fitzgerald Nelson (NE) ment has let languish for far too long. for the President to pave the way to a Breaux Frist Nickles Unfortunately, the administration’s new, productive partnership between Brownback Graham (FL) Pryor approach to developing medicines to Government and the private sector. Bunning Graham (SC) Reed Burns Grassley Reid protect us against a bioterror attack But, regrettably, he has missed the op- Byrd Gregg Roberts has been too narrow, too conventional, portunity. Campbell Hagel Rockefeller too slow, and too small to rise to this I have put forward a comprehensive Cantwell Harkin Santorum urgent challenge. Respectfully, the new proposal to ignite private development Carper Hatch Sarbanes Chafee Hollings Schumer initiative announced by the President, of the countermeasures we will need to Chambliss Hutchison Sessions what we know about it today, seems to protect ourselves from the dozens and Clinton Inhofe Shelby be more of the same. So far, the admin- dozens of bioterror agents that might Cochran Inouye Smith Coleman Jeffords Snowe istration has addressed this problem by be used against us. Those medicines, Collins Johnson Specter providing funding for basic research by antidotes, and vaccines won’t mate- Conrad Kennedy Stabenow academics. But that is not the only rialize by accident. Getting that done Cornyn Kerry Stevens thing we need to do to swiftly develop will take leadership from Washington. Corzine Kohl Sununu Craig Kyl Talent breakthrough new medicines that we Let me conclude by saying that I ap- Crapo Landrieu Thomas can stockpile and deploy. preciate Secretary England’s commit- Daschle Leahy Voinovich To do this the right way, we also ment to serve. The country appreciates Dayton Levin Warner need to engage our ingenious private his public and private service over the DeWine Lieberman Wyden sector, the biotechnology and pharma- course of the last 40 years, and values NOT VOTING—1 ceutical industries, which have so far his experience, expertise, and manage- Lautenberg shown no interest in this research. ment skill which will be focused on Today, even if the academic scientists this urgent new challenge. The nomination was confirmed. find a promising lead, there is no com- I look forward to partnering with The PRESIDING OFFICER. Without pany ready to move that antidote or soon to be Deputy Secretary England objection, the motion to reconsider is medicine from concept to product, and Secretary Ridge, but I also look laid upon the table. from laboratory to bedside. forward to pushing and prodding this Mr. WARNER. Mr. President, I rise Back in December of 2001 I intro- administration, which has so far moved today to commend the President for duced legislation, now cosponsored by too slowly and cautiously in closing the selection of Gordon England for the Senator HATCH, S. 3148, to provide in- our dramatic homeland security post to which the Senate will confirm centives to private companies to take vulnerabilities. him soon in the newly created Depart- up and accelerate this vital research. Ms. COLLINS. Mr. President, I ask ment of Homeland Security. The BioShield program apparently unanimous consent—I know we have I have had the privilege of working adopts one of the ideas from our bill, to the vote ordered for 2:50 p.m.—that the with Mr. England for some time now. provide a guaranteed purchase fund for Senator from Virginia have 2 minutes. Since he assumed the duties of Sec- needed medicines. That is good news, Mrs. BOXER. Reserving the right to retary of the Navy, we immediately be- and I am glad the President has seen object, I have an airplane to catch. Can came friends—because we had known

VerDate Mar 15 2010 22:09 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 0637 Sfmt 0634 E:\2003SENATE\S30JA3.REC S30JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1788 CONGRESSIONAL RECORD — SENATE January 30, 2003 each other while he was in the private It is an extraordinary record. MORNING BUSINESS sector, but, of course, I having had the If I may say with the greatest respect Mr. MCCONNELL. I ask unanimous privilege of serving as Secretary of the to our President and to the new Sec- consent that there now be a period of Navy some many years before, we were retary that his first Deputy, Gordon morning business, with Senators al- sort of a band of brothers—those of us England, in the Department of Home- lowed to speak for up to 10 minutes who are privileged to serve in the land Security, I think, can help avert each. greatest Navy in the world, and par- what could come about as a tug of war The PRESIDING OFFICER. Without ticularly in the post as a civilian boss. between the Department of Homeland objection, it is so ordered. We have worked together these many Security and the Department of De- years. fense as it regards budget matters. f I want the record to reflect the ex- Both have the highest priorities, prop- CLEAR SKIES LEGISLATION traordinary qualifications of this nomi- erly accorded by our President, and in- nee. The Navy will miss him. But duty deed I think the Congress. Homeland Mr. JEFFORDS. Mr. President, dur- calls so often. It did in this instance defense is just starting. As their cash ing his State of the Union speech, because the President and Secretary flow and appropriations come in, I hope President Bush said that he has, Ridge wanted to draw on someone who they will be adequate to meet the sent to us [Congress] his Clear Skies legis- had a proven record of management ca- needs of this new Department. If they lation that mandates a 70 percent cut in air pabilities. Gordon England exhibited pollution from power plants over the next 15 are not, I hope we can find other means years. that record while he was Secretary of by which to finance those require- the Navy. He will exhibit it as the ments. They should be given top pri- What he did not say is that the hands-on operator of the management ority financially and support-wise be- present Clean Air Act, according to decisions in assisting the distinguished cause they will guard us here at EPA, will do a better and faster job of Secretary, Mr. Ridge. home—augmenting what is in place al- reducing emissions than his proposal. I am very pleased with this nomina- ready by way of the National Guard, It will do all that without eliminating tion. the North Command and the other vital air quality protections as pro- I want to mention just a few things commands of the Department of De- posed in the President’s Clear Skies about the distinguished career of this fense—many other things that are in bill. fine person. place in bringing together the various What he did not say is that the pro- He began his career with Honeywell posal’s timeline does not work with the Corporation working as an engineer on and disparate agencies and departments and put them under this one Clean Air Act’s. It stalls and delays the Gemini space program before join- present State and general efforts to ing General Dynamics in 1966 as an avi- head. I am going to be ever watchful—and achieve air quality standards and it onics design engineer in the Fort also ignores global warming. Worth aircraft division. He also worked I think my good friend, Gordon Eng- land, likewise—to advise the Secretary Worse yet, the President’s proposal as a program manager with Litton In- would contribute to the premature dustries on the Navy’s E–2C Hawkeye of Defense and to advise the Secretary of Homeland Security. We cannot ever death of tens of thousands of people aircraft. who we could otherwise save by full By coincidence, these are programs I witness a budget war between these two strong and powerful and vitally and faithful implementation of the worked on somewhat when I was Sec- present Clean Air Act. Under his plan, retary, Under Secretary, and then, of needed Departments. Gordon England is eminently qualified to see that there will be more areas struggling course, while I have been here in the longer to achieve attainment of air Senate serving now 25 years on the doesn’t happen. Homeland defense starts beyond our shores in the for- quality standards. Senate Armed Services Committee. In 2001, large power plants were re- He served as executive vice president ward-deployed positions of the men and sponsible for emissions of 10.6 million of General Dynamics Corporation from women of the Armed Forces all over tons of sulfur dioxide, SO and 4.1 mil- 1997 until 2001 and was responsible for the world. X lion tons of nitrogen oxides, NO . That two major sectors of the corporation— For example, on the battlefields of X is 33 percent and 25 percent less, re- first, information systems, and inter- Afghanistan, we have made great spectively, from 1990 levels. But that is national. progress. Previously, he served as executive I had the privilege just this morning still far too much pollution going into vice president of the Combat Systems of meeting with General Franks to talk our air, our lungs and falling onto our Group, president of General Dynamics about the progress he has made and the land. Fort Worth aircraft company. Before challenges that remain in Afghanistan. These acid rain and smog causing that, he served as president of General But he has, in large measure, achieved pollutants contribute heavily to pre- Dynamics land systems company pro- a goal of stemming the flow of ter- mature mortality, asthma and lung ducing land combat vehicles. rorism from that troubled piece of land disease. They also continue the acidifi- He has had this management experi- to other places in the world and will cation of ecosystems in New England ence, particularly in high-tech areas. continue to fight that battle. and elsewhere. Much of the Homeland Defense Depart- That is the clearest example I can In 2001, EPA advised industry that ment function will be going to the pri- give right now of where we have to stop the Clean Air Act at full implementa- vate sector, encouraging that private terrorism before it comes to our bor- tion would likely require an 80 percent sector to design state-of-the-art and ders. Hopefully, it can be interdicted reduction in SOX and a 70 percent re- beyond—I stress ‘‘beyond’’—technology there and certainly interdicted before duction in NOX from today’s pollution to meet the many unknowns with it gets into hometowns in America. levels. EPA also said that mercury, a which our Nation and other nations are Those two Departments must be ade- potent neurotoxic pollutant, would confronted in this battle against world- quately funded because they will work have to be reduced by 90 percent. wide terrorism. together to protect this great Nation. EPA said these reductions would Mr. England is a native of Baltimore. I wish my old friend good luck, fair have to occur in 2008 for mercury, 2010 He graduated from the University of winds, and flowing seas, as we say in for NOX, and 2012 for SOX. The Presi- Maryland in 1961 with a bachelor’s de- the Navy. He is eminently qualified to dent’s proposal hits none of these gree in electrical engineering. In 1975, take on this position. marks, and still takes 6 more years to he earned a master’s degree in business I thank the Chair. even get close to the necessary reduc- administration from the M.J. Neeley f tions. School of Business at Texas Christian The proposal falls significantly short University. He served as a member of LEGISLATIVE SESSION of Clean Air Act requirements. Sen- the Defense Science Board and was vice The PRESIDING OFFICER. Under ators can see a comparison outlined in chairman of the National Research the previous order, the Senate will now this chart. Council Committee on the Future of return to legislative session. The President’s proposal also falls the U.S. Aerospace Industry. The Senator from Kentucky. short by approximately 1.4 billion tons

VerDate Mar 15 2010 22:09 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 0637 Sfmt 0634 E:\2003SENATE\S30JA3.REC S30JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 30, 2003 CONGRESSIONAL RECORD — SENATE S1789 of carbon dioxide. That’s the amount On Tuesday evening, the EPA Admin- real and lasting difference. Dave is one that should be reduced by the electric istrator called to tell me the President of those people. utility sector under our treaty com- would speak on the Clear Skies pro- So, Dave, I want to thank you, con- mitment to try to reduce greenhouse posal in the State of the Union. She gratulate you, and wish you and gas emissions to 1990 levels. Clearly, we said she hopes we can work together. I Karen—and Katie and Geoffrey and have failed. don’t doubt Governor Whitman’s sin- Gregory—all the best in the years Perhaps these shortfalls are why no cerity. But, so far, ‘‘working together’’ ahead. Senators cosponsored the President’s on environmental policy has been an Mr. ALLARD. Madam President, I Clear Skies proposal when it was fi- alien concept for this White House. In- ask unanimous consent that the order nally introduced last year. Perhaps the stead, they have left Congress, the for the quorum call be rescinded. elimination of important State and States, the environmentalists, and the The PRESIDING OFFICER (Mrs. local air protection authorities kept people, in a public relations haze. DOLE). Without objection, it is so or- senators from supporting it. Progress will be much easier and dered. Whatever the reason, the President’s swifter if we can really work together f proposal had little or no public sup- honestly and without all the smoke RECESS SUBJECT TO THE CALL OF port. Yet, since January 20, 2001, the and mirrors. That is the only way to THE CHAIR administration has had every oppor- approach these severe public health Mr. ALLARD. Madam President, I tunity to constructively engage with and environmental problems. That is ask unanimous consent that the Sen- us and promote his Clear Skies pro- why a four-pollutant bill is necessary. ate stand in recess subject to the call posal. I point to the chart and urge people of the Chair. But, they did little or nothing. They to look at this chart which dem- There being no objection, the Senate, certainly did not respond in a timely, onstrates very clearly what would hap- at 4:26 p.m., recessed subject to the call helpful way to legitimate inquiries on pen if we leave things the way we are of the Chair and reassembled at 6:59 its effects. or if we put the ‘‘Clear Skies’’ in. We p.m. when called to order by the Pre- Instead, they spent their time fig- are much better off to leave the Clean siding Officer (Mr. CHAMBLISS). uring out ways to deregulate and to Air Act where it is than we are to do The PRESIDING OFFICER. The Sen- rollback air quality protections under anything. But we will be producing and ator from Nevada. the cloak and shadow of their three- bringing forward at a future time our Mr. REID. Mr. President, I ask unan- pollutant initiative. four-pollutant bill, again, which will do imous consent that the statements of Perhaps now, as the 2004 elections get even more than the present Clean Air Senators HARKIN and DURBIN be printed nearer and the administration as yet Act and does not degrade or lessen the as in executive session. has no tangible and positive environ- Clean Air Act. The PRESIDING OFFICER. Without mental achievements of its own, we I urge everyone to be very alert objection, it is so ordered. can work together, I urge us to work about what is going on in the environ- f together to make progress. mental legislation because it could get But, unless the Administration better and save lives or it could knock NOMINATION OF JOHN W. SNOW agrees to cooperate on information it out. Mr. DURBIN. Mr. President, pursu- sharing and problem solving, we are I yield the floor. ant to that unanimous consent request, going to get nowhere even faster. We f I would like to take the floor for a few cannot afford to change and we should moments and then yield to my friend not change the Clean Air Act without DAVID HOPPE Senator HARKIN. knowing the likely outcome of our ac- Mr. DASCHLE. Mr. President, I want This evening, we are considering the tions. to take a moment to join many of my nomination of John Snow to be the Let’s assume for a moment that we colleagues, Democrats and Repub- Secretary of the Treasury. It is a very all want the same things. We want to licans, to thank Dave Hoppe for his important position, one of the most stop acid rain. We want to reduce mer- service to the Senate and to wish him important in the President’s Cabinet. I cury-related fish contamination and well as he continues to pursue new op- have had the opportunity on two occa- birth defects. We want to start dealing portunities. sions now to sit down with Mr. Snow with manmade global warming. Most One of the reasons we will miss Dave and discuss with him a number of importantly, we want cleaner, clearer is because he exemplifies the best of issues, but in particular one that I air as soon as we can get it. the Senate—a place where we can find would address this evening. After these We can achieve all those goals in a compromise, a place where we can dis- conversations, I am happy to report I four-pollutant bill. We can do even bet- agree passionately, but one where we will be supporting his nomination as ter than the Clean Air Act at full im- can do so honestly, and amicably. Secretary of the Treasury. He will have plementation if we have the will and From personal experience, I can tell an awesome responsibility in this post. the courage. But doing less than the you that Dave is a gifted negotiator, I hope he can rise to that challenge. Clean Air Act would provide is simply and, when necessary, a tough adver- His resume shows that he can and that backsliding. sary. he will serve our Nation with pride. I will soon be introducing an alter- But I can also tell you that much of The particular issue which drew us native to the President’s proposal with what I admire about him—much of together last night and again this Senators COLLINS, LIEBERMAN and oth- what we all admire about him—tran- evening is one that Senator HARKIN has ers. This legislation is a better and scends his political skill, and his legis- been the leader on for many years. Lit- much more accurate response to the lative prowess. It is his decency. erally millions of Americans have pen- environmental and public health prob- In 1997, Dave drew on his personal ex- sion plans which they have worked lems that our Nation faces. perience, and became integral in bring- long and hard to maintain in their In the coming days and weeks, I will ing the Individuals with Disabilities place of employment. The traditional take to the floor to discuss the need for Education Act into being. In talking defined-benefit plan is one where some- strong legislation. about the issue of disability in our so- one works for a company for a certain I will continue my efforts to obtain ciety, Bob Dole once said, ‘‘some issues number of years and the company information that the administration transcend politics, foster a bipartisan promised that at retirement they continues to withhold. This regards the spirit, and result in legislation that would pay them a certain amount of legal, public health and environmental makes a real and lasting difference.’’ money. That is the retirement plan effects of their deregulation efforts as Because of Dave, disability education with which most people are familiar. well as their three-pollutant approach. is one of those issues. That is the basic and traditional ap- A detailed chronology of correspond- And, as Dave leaves, I think we could proach. But over the years retirement ence on our New Source Review re- modify Bob Dole’s words. There are plans have changed. They have become quests appears in the RECORD of Janu- some people who transcend politics, more like 401(k)s or savings plans or in- ary 21st. foster a bipartisan spirit, and make a vestment plans, and those are known

VerDate Mar 15 2010 22:09 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 0637 Sfmt 0634 E:\2003SENATE\S30JA3.REC S30JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1790 CONGRESSIONAL RECORD — SENATE January 30, 2003 as cash-benefit plans. Some companies the work was done primarily by the At this point, I would like to yield to have decided to go with defined-benefit two House leaders I just mentioned— my leader on this issue, my colleague plans and some with cash-benefit plans. over 226 signatures of Members of Con- from Iowa, Senator HARKIN. But many employees have been caught gress in both the House and the Senate, The PRESIDING OFFICER. The Sen- in the middle. Some started working saying to the President and the Treas- ator from Iowa. for a company thinking they had a de- ury Department, Don’t change the Mr. HARKIN. Mr. President, I thank fined-benefit plan. Then the company rules in midstream. Protect these em- my friend and colleague from across at a later date says for a variety of rea- ployees. the Mississippi River in Illinois, Sen- sons we are going to move to this other Along comes the President’s nominee ator DURBIN, for the very kind and cash-balance plan. For some employ- for the Treasury Department, John overly generous words. More than that, ees, it is a good choice. If you are a Snow. Of course, he will be the man to I thank him for his diligence and for young worker in a company, and they make the ultimate decision on the rule his hard work on this issue which come in and say, Listen, you don’t and whether it will be fair to employ- means so much to the average working know if you are going to be at this ees. Senator HARKIN and I sat down person in America. place the rest of your life; you may with him this evening and had a I will just say at the outset that Sen- pick up and move to another job; would lengthy and very positive conversation. ator DURBIN has, I believe, correctly you rather have something like a cash- John Snow comes to us from a career laid out the meeting we had with Mr. balance plan where you know how in private business where he has been a Snow earlier this evening, and has also much money is there? It is invested. CEO of the CSX Railroad. He explained correctly portrayed the assurances we You can build it up over the years and to us when his railroad decided to got from Mr. Snow regarding this issue move it with you from job to job. A lot change pension plans, they left it up to and how he would approach it as the of younger workers said, That is ex- the employees to decide. He thought new Secretary of the Treasury. actly what I want. that was a fair thing to do with his Again, I want to make it clear that But the worker who has been on that railroad. We think it is a fair thing to the actions of this Senator earlier job for longer periods of time has built do for every company. He talked about today and yesterday in wanting to up benefits under the defined-benefit other businesses he worked with where have a bit of time here to talk about plan may say, Wait a minute. Don’t the same thing occurred. this before we voted on this nomina- change the rules at this point. I am He said to us he was going to be fair tion had nothing to do with Mr. Snow. nearing retirement. I know what I was and objective, and he was going to take I said that earlier this evening. This is supposed to receive. I don’t want to the rights of the worker into account nothing personal at all. He has a very change the benefit plan at all. for any rule related to future pension distinguished career in the business Therein lies the dilemma. Some cor- plans. community. He was head of the CSX porations have said to employees, You We talked about the fact that when Railroad, I guess for well over 20-some make the decision. Decide what is best it comes to Members of Congress, that years, if I am not mistaken, and has for you. Stick with the old defined-ben- is exactly the standard we followed served well on boards of schools, uni- efit plan or move to the cash-balance when it came to our retirement. I guess versities, John Hopkins, and others. In plan. But it is your choice. it was 10, 12 years ago we decided to other words, he has been both a busi- Frankly, from my point of view and change the retirement plan. We went ness leader and a community leader. Senator HARKIN’s point of view, that is to individual Members of Congress and Again, I want to compliment him and fair. Let the employee decide his fate. said, What do you choose? What is best commend him for his distinguished ca- Let the employee decide what is best for you and your family? That was our reer and for his service both to his for him, for his family, and for his fu- way. Should it not be the right of every company and to our country. ture. That is what we would like to see. American worker? I congratulate Mr. Snow on his nomi- Frankly, that really was the law and In a meeting with Senator HARKIN nation for Secretary of the Treasury the rule for so long, thanks to the hard and myself, we decided to let this and will join with my colleagues in work of Senator HARKIN of Iowa pro- nominee go forward to give Mr. Snow supporting that nomination. tecting the rights of employees. an opportunity to become the Treasury I feel, as Senator DURBIN said, that A month ago, there was a shocking Department Secretary and to use his he gave us assurances on this issue— rule issued by the Treasury Depart- values and corporate experience which and I will talk more about this issue in ment which basically said the corpora- he brings to the job not only to serve a minute—dealing with pensions and tions could wipe out defined-benefit the Nation but to treat American workers’ rights; that he will assure the plans and say to that employee of workers and retirees fairly. fairness and equity as the rule. In fact, many years, Guess what. We have I want to especially thank Senator I wrote down exactly what Mr. Snow changed the rules. You are now in a HARKIN. This is not the kind of issue said. He said: cash plan. likely to be on the front page of any I believe we should protect the basic rights I was at a press conference and met newspaper, but it is the kind of issue of workers. And, if a rule doesn’t meet that with some former IBM employees who that is likely to be front and center on test, it won’t move forward. Fundamental went through that experience. It is the dining room table of American fairness will be at the center of any policy. really heartbreaking to hear what it families who are genuinely concerned I compliment Mr. Snow for that. As meant to their families, and where about their future. He fought a long Senator DURBIN pointed out, as the they expected to end up generating and lonely battle on this issue. I was CEO of the CSX Railroad, when they some $4,000 a month in retirement in- happy to support him. But he deserves changed their plan over from a defined- come is now going to generate about credit for his leadership. The meeting benefit plan to a cash-balance plan, $2,000. It means, frankly, the survivor with the new Treasury Secretary today they left in place for older workers the benefits are sacrificed and a quality of points us in the right direction. We defined-benefit plan. In other words, life has been lost. want to work with this Treasury De- they could stay with that plan. Newer, Senator HARKIN, myself, Congress- partment and with this Secretary to be younger workers could go with cash man GEORGE MILLER of California, and fair to workers across America. balance plans. To me, that really Congressman BERNIE SANDERS of I will support the nomination of John makes sense. That is really the way we Vermont have really tried to dramatize Snow for Treasury Secretary because I ought to be going in this country when this issue and this new proposed rule, believe he brings the right values and we talk about our pensions and pro- and to say to the Treasury Depart- the right corporate experience to this tecting our pensions. ment, For goodness sakes, treat these job. I am sure I am going to disagree So my actions here yesterday and workers fairly. Don’t force them into a with him on many issues. But on this today have not been about Mr. Snow. plan that is going disadvantage them particular issue, the assurances which They have been about this issue. It is or their families. he gave us this evening are the basis an issue of fundamental fairness for We gathered together some signa- for us to go forward and approve his people who work hard, play by the tures—I don’t take any credit for it; nomination. rules, and then find out—after working

VerDate Mar 15 2010 22:09 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 0637 Sfmt 0634 E:\2003SENATE\S30JA3.REC S30JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 30, 2003 CONGRESSIONAL RECORD — SENATE S1791 20 or 30 years—that what they thought 2000, I offered a sense-of-the-Senate income of just $23,444 instead of the $47,303 they were going to get has been taken resolution to stop this practice, and it income under the old plan. This seems mea- away. So that is what this is about. passed the Senate unanimously. The ger after 31 loyal years of service to the com- Over the last several days, I have pany. As a result, my wife was forced to Secretary of the Treasury put a mora- waive her rights to the survivor benefits of been reading a book that was given to torium on conversions from defined my pension in the event I predecease her. In- me last year. I had not gotten to it. I benefit plans to a cash balance plans. voking these rights would have meant be- have now been reading it. I am almost That moratorium has been in effect tween 8% and 20% less per month. While my finished with it. I recommend it highly. now for over three years. pension was reduced by more than half, my It is a book by Kevin Phillips called Last month, a rule was proposed by monthly contribution for medical benefits ‘‘Wealth and Democracy.’’ the Treasury Department—a rule that was increased five times this year. I remember in one part of the book As representatives of ‘‘AT&T Concerned would turn the clock back, undo the Employees Council on Retirement Protec- he pointed out that over the last 30 moratorium, and allow companies to tion’’ (ACE CORP), we are willing to pub- years—I think from 1970 to about the once again engage in the practice of licize our personal situation in order to bring year 2000—the difference in the com- switching from defined benefit plans to to the forefront the negative impact of the pensation for our CEOs and the people cash balance plans and wear away the forced cash balance pension on the older who work on the shop floor, so to benefits of older workers. worker. We urge President Bush to support speak, has been that in 1972, the aver- So that is why I wanted to utilize Congressman SANDERS, MILLER, Senator age CEO salary was about 42 times that this time and this nomination of Mr. HARKIN, and their fellow representatives to of the average worker in that corpora- revise his proposal to the IRS by including Snow to be Secretary of the Treasury, protection for the older worker and pre- tion. That was 1970—42 times; by the to raise this issue once again and to venting them from becoming ‘‘Pension Chal- year 2000, that gap had widened to 417 talk with Mr. Snow about it as the in- lenged’’ by ‘‘Cash Imbalance’’! times. In other words, today, the aver- coming Secretary of the Treasury. We In President Bush’s radio address this past age CEO is getting 417 times the com- cannot permit this rule to just go for- Sunday he states ‘‘In 2003, we must work to pensation of the average worker in ward. I think it was clear here in the strengthen our economy; improve access to that corporation. So that gap has wid- Senate, in 2000, that we did not want affordable, high quality health care for all ened tremendously. our seniors . . .’’ In his State of the Union that practice to continue. So I wanted Address, he urged Congress to pass his plan Also what has happened is that we to take this time to bring this issue to ‘‘. . . to strengthen our economy and help see, time and time and time again, that the forefront. more Americans find jobs.’’ (Assuming he when CEOs of these large corporations What are we talking about when we makes these comments in his State of the hit a rough spot—the company maybe talk about how much people are losing Union Address on Tuesday.) We hope our ef- has a rough spot, the CEOs leave the in this? This morning, we had a press forts will convince President Bush that his corporation—they get wonderful golden conference. We had a man there by the IRS Proposal and the affect of the cash bal- parachutes. They get wonderful retire- name of Larry Cutrone. He was one of ance pension on the older worker further re- ment programs. We have to have that duces consumer spending, and reduces tax thousands robbed of the full value of revenue while causing our economy to con- same kind of fairness for the average their earned pensions. He said that be- tinue suffering. We are aware of any negative workers. fore AT&T converted his pension, it impact to the corporations who convert to In 2001, we passed numerous pension was valued at $350,000. After the con- cash balance pension plans. Should the loyal provisions that had wide support. Many version, in July 1997, the value dropped worker and subsequently America’s economy provisions favored those making more to $138,000. The calculation period for be penalized? than $200,000 a year. I am not saying his pension was frozen at 1994–1996 sala- Mr. HARKIN. Mr. President, 189 those provisions are bad, but we need ries, so no value to his retirement ac- Members of the House of Representa- some balance. count was added for any years he tives and 25 Senators signed a letter In the early 1990s, U.S. companies worked after the conversion. that was sent today to President Bush, began a process of switching from de- So he said: asking that we do not reopen the flood- fined benefit pension plans to cash bal- In September 2001, I was ‘‘downsized’’ out gates, that we withdraw this rule and ance plans. I am not going to get into of AT&T and decided to take my pension. I promulgate a rule that is fair and equi- the esoteric descriptions of defined discovered that it translated into an annual table. As we said in our letter: benefits plans and cash balance plans, income of just $23,444 instead of the $47,303 We are writing to strongly urge you to but only to say that many workers who income under the old plan. withdraw proposed Treasury Department affected by these changes had no idea When these plans were changed over, work- regulations regarding cash balance pension what was happening to their pensions. ers were not informed that this could hap- plans and to issue new regulations that will You might ask: Why has this all of a pen. They woke up one day and found out: prohibit profitable companies from reducing they have less than 50 percent of what they the pension benefits of existing employees or sudden come to the forefront in the thought they were going to get in their re- year 2003? Well, it did not. I first draft- retirees by converting to age-discriminatory tirement. cash balance plans. ed legislation in 1999, because by that Is that fair? Is that equitable? The recently proposed regulations would time workers whose pensions had been Mr. President, I ask unanimous con- create an incentive for thousands of compa- changed in the early and mid-1990s, and sent that this statement of Larry nies to convert to cash balance plans by pro- who were now really facing retirement, Cutrone that he gave this morning be viding legal protection against claims of age all of a sudden woke up and found out bias by older employees. printed in its entirety in the RECORD. that they did not have what they There being no objection, the mate- Often when companies switch from thought they would, and they had no rial was ordered to be printed in the defined benefit plans to cash balance plans, a worker can work for 20 or 25 recourse. RECORD, as follows: So, in 1999, I introduced a bill to years, but the employer may not pay STATEMENT OF LARRY CUTRONE make it illegal for corporations wear anything into your pension plan for away the benefits of older workers dur- My name is Larry Cutrone, one of thou- several years. But they will contribute sands robbed of the full value of their earned ing cash balance conversions. We had a pensions due to the ‘‘Cash Balance’’ pension to a younger worker who has only been vote on that bill in the Senate. I of- conversion. Before AT&T converted my pen- there for 2 years. fered it as an amendment to the rec- sion it was valued at $350,000 and after the So let’s understand this. You have onciliation bill, and a point of order conversion in July 1997, the value dropped to two workers work for the same com- was raised, so we had to vote to waive $138,000. Even with AT&T’s ‘‘Special Update’’ pany, doing the same job. One gets the point of order. 48 Senators, includ- enhancement to my account, the value only extra wages in the form of a benefit of ing 3 Republicans, voted to waive the rose to $150,000. The calculation period for money put into a cash balance account. budget point of order so we could con- my pension was frozen at 1994–1996 salaries, The other worker, who has been there so no value to my retirement account was 20 or 25 years, does not get it. That is sider this amendment. Obviously, we added for any years I worked after the con- did not have enough votes. version. age discrimination, pure and simple, in After that, more and more stories In September 2001, I was ‘‘downsized’’ out violation of Federal law. The only rea- came out about how many workers of AT&T and decided to take my pension. I son the one person is not getting it is were losing their pensions. In April of discovered that it translated into an annual because they have been there longer.

VerDate Mar 15 2010 22:09 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 0637 Sfmt 0634 E:\2003SENATE\S30JA3.REC S30JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1792 CONGRESSIONAL RECORD — SENATE January 30, 2003 The younger worker gets the money; cerns. There are over 800 age discrimination Dicks, Robert Brady, Eddie Bernice the older worker does not. That is age complaints currently pending before the Johnson, Jim Davis, Linda Sanchez, discrimination, pure and simple. EEOC based on cash balance conversions. Vic Synder, William Jefferson, Tim As we said in our letter: The 1999 moratorium has nearly stopped the Holden, Diane Watson, Carolyn Malo- flow of companies converting to cash balance ney, Lane Evans, Jesse Jackson, Jr., [The proposed] regulations [from Treasury] plans. Robert Wexler, Anthony Weiner, Betty would result in millions of older employees The recently proposed regulations would McCollum, William Lipinski, Peter losing a significant portion of the annual create an incentive for thousands of compa- Visclosky, Anna Eshoo, Steven Roth- pension they had been promised by their em- nies to convert to cash balance plans by pro- man, Darlene Hooley, Nydia Velaquez, ployer and had come to rely upon as part of viding legal protection against claims of age Martin Olav Sabo, Gene Taylor, Ted their retirement planning. bias by older employees. The regulations Strickland, Danny Davis, Loretta San- That is what happened to Larry would result in millions of older employees chez, Chaka Fattah, Grace Napolitano, Cutrone. losing a significant portion of the annual John Lewis, Martin Meehan, Bart Stu- We write: pension they had been promised by their em- pak, Ellen Tauscher, Chris Van Hollen, ployer and had come to rely upon as part of Zoe Lofgren, Edward Markey, Collin We urge you to direct the Treasury Depart- their retirement planning. ment to immediately withdraw these pro- Peterson, Henry Waxman, Michael We urge you to direct the Treasury Depart- Capuano, Diana DeGette. posed regulations and instead issue regula- ment to immediately withdraw these pro- tions that provide for the protection of older Jerrold Nadler, Bill Pascrell, Albert Rus- posed regulations and instead issue regula- sell Wynn, Joseph Crowley, Gary Ack- employees pensions. tions that provide for the protection of older At a time when millions of employees are erman, Carolyn McCarthy, Gerald employees’ pensions. Kleczka, John Murtha, Donald Payne, still reeling from significant losses to their At a time when millions of employees are Louise McIntosh Slaughter, Tammy 401(k) retirement plans because of corporate still reeling from significant losses to their Baldwin, John Conyers, Susan Davis, scandals and the ongoing weakness in the 401(k) retirement plans because of corporate Neil Abercrombie, Mike McIntyre, stock market, we believe these regulations scandals and the ongoing weakness in the Fortney Pete Stark, Hilda Solis, Bob represent another serious blow to the retire- stock market, we believe these regulations Filner, Alcee Hastings, John Tierney, ment security of hard working Americans represent another serious blow to the retire- Jose Serrano, James Langevin, Frank who have played by the rules in their compa- ment security of hard working Americans Pallone, Earl Blumenauer, Juanita nies only to see the rules of the game . . . who have played by the rules in their compa- Millender-McDonald, Barbara Lee, change midway through their careers. nies only to see the rules of the game for Lynn Woolsey, Robert Scott, Rush rank and file employees change midway I ask unanimous consent this letter, Holt, James McGovern, Stephanie through their careers. signed by 189 Members of the House Tubbs Jones, John Olver, Lois Capps, and 25 Senators, be printed in the Re-opening the floodgates for cash balance conversions will destroy what is left of our Sam Farr, Corrine Brown, Dale Kildee, RECORD. private pension retirement system. This is a Patrick Kennedy, William Delahunt, There being no objection, the mate- devastating step that your Administration Edolphus Towns, Joe Baca, Eliot rial was ordered to be printed in the need not and should not allow. Engel, Silvestre Reyes, William Lacy RECORD, as follows: We deeply appreciate your attention to the Clay, Michael Doyle, Carolyn Kil- patrick, Sherrod Brown, Luis Gutier- CONGRESS OF THE UNITED STATES, concerns that we are expressing on behalf of rez, Janice Schakowsky. Washington, DC, January 30, 2003. the millions of employees who will depend on Howard Berman, Bennie Thompson, Julia The Hon. GEORGE W. BUSH, their pensions for a secure retirement. We Carson, Mark Udall, Rosa DeLauro, President of the United States, look forward to working with you to protect Peter DeFazio, Martin Frost, Marcy Washington, DC. the pension security of America’s workers. Kaptur, Dennis Kucinich, Major Owens, DEAR PRESIDENT BUSH: We are writing to Sincerely, strongly urge you to withdraw proposed Bernard Sanders, George Miller, Tom Peter Deutsch, Eleanor Holmes Norton, Treasury Department regulations regarding Harkin, Barbara Boxer, Tom Daschle, James Oberstar, Jim McDermott, Rick cash balance pension plans and to issue new Nancy Pelosi, Edward Kennedy, Paul Larsen, Donna Christensen, John D. regulations that will prohibit profitable Sarbanes, Carl Levin, Christopher Rockefeller IV, Maria Cantwell, Jack companies from reducing the pension bene- Dodd, Charles Schumer, Dianne Fein- Reed, Harry Reid, Daniel Akaka, Rich- fits of existing employees or retirees by con- stein, Jon Corzine, James Jeffords, ard Durbin, Frank Lautenberg, Debbie verting to age-discriminatory cash balance Mark Dayton, Patrick Leahy, Barbara Stabenow, Christopher Smith, Daniel plans. (Federal Register, December 11, 2002, Mikulski, Russell Feingold, Hillary Inouye, Alan Mollohan, Ed Case, Bill Internal Revenue Service, 26 CFR Part 1, Rodham Clinton, Maurice Hinchey, Nelson. REG–209500–86, REG–164464–02, RIN 1545– John McHugh, John Dingell, David Mr. HARKIN. We have right now over BA10, 1545–BB79.) Obey, Barney Frank, Tom Lantos, Paul 1,000 cases pending before the Equal According to the General Accounting Of- Kanjorski, Lloyd Doggett, Robert An- Employment Opportunity Commission, fice, annual pension benefits of older em- drews, Jane Harman, David Price, Gene over 1,000 cases regarding age discrimi- ployees can drop by as much as 50 percent Green, Lucille Roybal-Allard, Rodney nation. These are cases of people who Alexander, James Clyburn, David after a company converts from a traditional have had their retirement pensions, defined benefit plan to a cash balance plan. Scott, Ike Skelton, Ed Pastor, Adam Large companies favor the conversion be- Smith, Gil Gutknecht, Ron Kind, what they were promised, reduced like cause they can save hundreds of millions of James T. Walsh, Nick Lampson, Jay Larry Cutrone; 1,000 cases filed under dollars a year in pension costs. Delta Air- Inslee, Sherwood Boehlert. age discrimination. I believe these lines, for example, recently announced it Rahm Emanuel, Madeleine Bordallo, Rob cases have merit. They are going to go would save $500 million per year by switch- Simmons, Solomon Ortiz, Sanford forward. They are going to go into Fed- ing to a cash balance plan. In the late 1990s, Bishop, Gregory Meeks, Steve Israel, eral courts. Kendrick Meek, Steny Hoyer, Bob IBM initially estimated it would save $200 I want to make it very clear: I am million per year by switching to a cash bal- Etheridge, Artur Davis, Ruben Hino- ance plan. IBM, AT&T, and Verizon are josa, Mike Thompson, Brad Miller, Max not opposed to cash balance plans. among the 300 to 700 large companies that Sandlin, Dutch C.A. Ruppersberger, Some cash balance plans can be very have already converted to a cash balance Anibal Acevedo-Vila, Adam Schiff, good. What I am opposed to is the uni- pension plan. An additional 300 companies Sander Levin, Michael Honda, Melvin lateral decision of a company being had been waiting for IRS approval of their L. Watt, Lincoln Davis, Marion Berry, able to change their plans and stop conversion plans even before the regulatory Jim Cooper, Frank W. Ballance, Jr., contributing to an employee’s pension change was announced. Thousands of compa- Shelley Berkley, Chris Bell, Dennis A. without their knowledge. That is what Cardoza, Jack Quinn, Nick J. Rahall, nies employing millions of people would be I am opposed to. eligible to convert their pension plans under II, Michael R. McNulty, Richard Gep- the proposed regulations. hardt, Timothy Bishop, Karen McCar- That is what this issue is all about. It Switching to a cash balance plan in mid- thy, Raul Grijalva, Stephen Lynch, is fairness. It is equity. I know some- stream has the greatest negative effect on Ciro Rodriguez, Bart Gordon, Mike times when you get into pension laws, older employees who have worked for many Ross, John Spratt, Robert Menendez, things like that, it sounds very con- years with one company and plan to con- Virgil Goode, Jr., Denise Majette, Max- voluted. In essence, what some of these tinue to work for additional years for the ine Waters, Nita Lowey, Jim Moran, companies have been doing to these same employer. Charles Gonzalez, Joseph Hoeffel. As you know, in September 1999, the IRS Jerry Costello, Sheila Jackson-Lee, Har- workers is nothing less than sheer issued a moratorium on issuing letters of ap- old Ford, Jr., Bobby Rush, Tom Udall, thievery. They are able to save mil- proval to companies for pension plan conver- Timothy Ryan, Thomas Allen, Elijah lions, in some cases hundreds of mil- sions because of age discrimination con- Cummings, Michael Michaud, Norman lions of dollars, by converting these

VerDate Mar 15 2010 22:09 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 0637 Sfmt 0634 E:\2003SENATE\S30JA3.REC S30JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 30, 2003 CONGRESSIONAL RECORD — SENATE S1793 plans over, robbing—yes, I use the word Mr. Snow has said he would agree to I yield the floor and suggest the ab- ‘‘robbing’’—their workers who have meet with people—employers, rep- sence of a quorum. been loyal and hard working, robbing resentatives of labor groups, represent- The PRESIDING OFFICER. The them of their rightful claims on future atives of elderly groups—to get their clerk will call the roll. benefits, taking that money and giving input on this approach and, hopefully, The legislative clerk proceeded to it in higher benefits to the CEOs and on perhaps having a new rule. call the roll. the corporate executives, golden para- I want to make it clear this Senator Mr. FRIST. Mr. President, I ask chutes. It is not right. It is not fair. will continue to press for the Treasury unanimous consent that the order for There is one thing that has distin- Department—when Mr. Snow gets con- the quorum call be rescinded. guished the American workplace from firmed and sworn in—to withdraw that The PRESIDING OFFICER. Without others around the world. We have val- rule. He has the power to do it as Sec- objection, it is so ordered. ued loyalty. If you are hard working retary of the Treasury—withdraw the f and loyal, companies value that. At proposed rule and come out with a new MORNING BUSINESS least they used to. That is one of the one that more closely reflects what he reasons we had pension plans—the had done as a CEO of a corporation ear- Mr. FRIST. I ask unanimous consent longer you worked there, the more ben- lier on when they changed their plans that the Senate proceed to a period of efit you had in your pension program. over. That is the fair way to do it. This morning business. Obviously, the longer you work some- is an issue that is not going to go The PRESIDING OFFICER. Without place, the better you do your job, the away. Again, I think more and more objection, it is so ordered. working Americans are beginning to more you learn about it, the more pro- f find out their hard work and loyalty is ductive you are. We valued that loy- HIV/AIDS alty. being taken away and they have no If companies are able to just change voice. Well, that is what we are here Mr. FRIST. Mr. President, for a few these plans, what kind of a signal does for, to help protect these people, and to moments before closing tonight—and that send to the workers? It sends this make sure their voice is heard and to we have had a very productive day and signal: Don’t be loyal. You are a fool if make sure the pensions they have built we will make the more formal an- you are loyal because if you work here up over a long period of time over their nouncements in about 15 minutes or for 20 or 25 years, we can just change working years is not unilaterally taken so—I take a few moments addressing the rules of the game, and break our away by the companies for whom they an issue that means a lot to me, per- worked. promise. sonally, and to take a moment to re- Again, I have no intention of holding What it says to younger workers is: flect upon an announcement that the up Mr. Snow’s nomination at all. As I It would be crazy to work for this com- President made at the State of the said, my only intention in doing this pany for a long time. I will work here Union two nights ago. was to raise this issue up, to make sure a couple years; I will move on. It has to do with a little virus, called Mr. Snow understood the depth of our It destroys the kind of work ethic we HIV/AIDS virus, and the devastation it feelings about it, the history in the have come to value and that we know has wrought on individuals, most im- Senate that we had passed a sense-of- built this country. I also thought we portantly, but also communities and the-Senate resolution unanimously in valued fairness when it comes to work- villages and counties and States and 2000, and that there are a lot of strong ers. A deal is a deal. Let’s say I wanted countries and continents and, indeed, feelings nationally—just witness the to hire you. I said: I will hire you for 5 the whole world. 1,000 cases now pending before the years, pay you $50,000 a year. But if you Once a year I have a wonderful oppor- EEOC, plus the fact that there are now stay with me for 5 years, I will give tunity to travel to Africa as part of a about 300 filings right now before the medical mission team. I travel not as a you a $50,000 bonus. IRS, Internal Revenue Service, by com- You say, OK, that is good. So now Senator, but I have the opportunity to panies wanting to engage in this prac- you work for me 3 years and you are travel as a physician. Last January, on tice—change from defined benefit thinking you have 2 more years to go one of these medical mission trips, I plans, to cash balance plans, without and you will get that $50,000 bonus. But treated patients in villages and in clin- protecting the rights of the workers. I at the end of the third year I come to ics and a number of countries in Africa, have estimated, roughly, that this rep- including the Sudan, Uganda, Tan- you and say: Do you remember the deal resents several hundred thousand zania, and Kenya. Many of the patients we made where I said if you work for workers in this country who would be I dealt with were infected with HIV/ me for 5 years you will get that $50,000 affected by this. bonus? Well, the deal is off. We need to send a clear and strong AIDS virus. This little tiny virus, a Well, now you have 3 years invested signal that we are not going to allow microorganism, causes this disease we there. If you had known that the deal this to happen. If companies want to all know as AIDS. was going to be off, maybe you would change plans, fine; but give the work- I think back to a number of patients. not have gone to work for me. Maybe ers the choice to stick with the plan In Arusha, in the slums, conditions are you would have gone to work some- they have had or to take the new one. crowded, but as you walk through place else. Is that the way we want to That is all we are asking for. these very crowded slums, the people treat workers in this country, where I Mr. President, again, I congratulate there are very proud. While there, I vis- have all the cards and you have none, Mr. Snow on his selection to be Sec- ited with a young woman by the name and I can make whatever deal I want, retary of the Treasury. I look forward of Tabu. She lived in a small—by small but I can change the rules any time I to working with him. I thank him for I mean one room, probably 8 feet by 8 want to and take away your pension? his distinguished career, and I hope he feet—stick-framed mud hut. I remem- That is what this is about. is able to bring to the position that he ber walking in there, as my eyes ad- Well, as Senator DURBIN said, I will assume shortly the philosophy he justed, and seeing a very beautiful thought we had a good meeting with had when he was the CEO of CSX Rail, woman, 28 years old, sitting on the Mr. Snow. I am encouraged by the fact and the kind of implementation of the edge of the bed—a human smile. And that, as a CEO of his corporation, when change in their pension plans will be on the walls behind her, to keep mois- they changed their plans over, they left the kind of philosophy that we will ture out, were newspapers plastered on a choice for workers. That is the right have now at the Department of the the walls. Again, things neat and clean, and honorable way to do things. I com- Treasury. but a very small hut which was her pliment Mr. Snow for having done that. Every worker in this country ought home—a woman with a broad smile I am also assured that the rules of the to have the right to choose just like who was obviously sick, and very sick, game won’t be changed in the middle. the workers at CSX had under Mr. meaning she would die in the next In other words, there is a moratorium Snow. Again, I look forward to working week to 2 weeks. on right now, and I am assured that the with Mr. Snow on this issue. I hope we She lived in this, her home, with her moratorium will stay on at least until can get a fair resolution of this in the 11-year-old daughter, Adija, whom I a final rule is promulgated. days and weeks to come. also met, although her other children

VerDate Mar 15 2010 22:09 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 0637 Sfmt 0634 E:\2003SENATE\S30JA3.REC S30JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1794 CONGRESSIONAL RECORD — SENATE January 30, 2003 did not live with them in that hut be- But since that pandemic—epidemic That is what you see if you go to cause Tabu was so ill and so sick that means a disease spreading in one part Nairobi and you walk through the she simply couldn’t physically manage of the world. A pandemic is just that, Kibera slums, which go on, it seems, having the other children there. As she it is spreading all over the world. That forever. When you walk through the explained her story to me—again, I was is where the ‘‘pan’’ in pandemic comes slums, you don’t see people in their the physician from America who came from. Since 1981, more than 60 million most productive years. to be with her—her story was one she people have been infected with this lit- Entire generations are being wiped was a little bit embarrassed about be- tle virus that wasn’t around 23 years out, and kids are growing up in the cause she literally had to send her chil- ago. That is basically the population of streets with no parents and no men- dren away because of her disability— the great State of New York times 3. tors. And that all translates down into her physical disability, due to this lit- Twenty-three million people have died no hope. tle tiny virus—to send them away to from this little tiny virus. And we are What is fascinating is that we have live with her mother who could take losing the battle. We are fighting it, the power to bring them hope. That is care of her children. but it is a battle we are losing as we go why I get excited when the President I mentioned her smile. As my eyes forward. thinks big. And he articulated that in adjusted, I saw that she was indeed For every one person who has died the State of the Union speech. It is wasted, thin and sick, but her eyes and since I was in medical school, say, thinking big because we have the her smile were full of hope. That smile since 1981 when we first discovered it in power to bring them hope. We must ask in many ways hid the pain of that ill- this country, for every one person who ourselves, How can we, since we have ness, the pain of having to send her has died in the last 20 years, in the best that power, not use that power? children away. The next day, she left of all worlds, if we do everything per- Most people do not realize the disease her hut and she was going to go live fectly, we do everything right, for of AIDS caused by the virus is today a with her mother for the last few days every one person who died in the last 20 disease of predominantly women. It is of her life, to die in her childhood years, two people are going to die in just not part of what we historically home. the next 20. That is in the best of all have pictured what this disease is all Tabu told me she was one of four sis- worlds. about. More than half of all the people Why is that? Because there is no cure ters, all of whom had HIV/AIDS. All now infected with AIDS are women. for this virus. People hear me talk on had been infected with the virus. With AIDS on a rampage through the this floor a lot about vaccines, saying Musuli, a sister 20 years old, who lived villages of sub-Saharan Africa, life ex- we need to protect the infrastructure with her mom; Zbidanya, 15 years of pectancy in Africa is now 47 years of and fight bioterrorism with these vac- age; and an older sister, Omeut, who age. I wouldn’t be alive at 47 years of cines. We do not have a vaccine for this had already died. age. Tabu died the next week. But she little tiny virus. So we have no cure. didn’t have to. If we do our job and if We have no vaccine to prevent it. As I What is interesting is, what incre- we follow the bold leadership as spelled said earlier, this little virus is smart. ment is due to this little, tiny virus? If out by the President of the United Whenever we have a therapy that the HIV virus had never appeared over States, we can cure this disease, a dis- works pretty well, the little virus the last 20 years, instead of living 47 ease that is destroying nations—in- changes itself—probably 1,000 times years you would live 62 years—just be- deed, destroying a continent, and mer- faster than other viruses—so it will cause of this little virus. cilessly and relentlessly spreading defy that treatment. Every time we get If you are born in Botswana, you are throughout the world—Russia and a treatment, it changes itself. It is a not going to live to 47 years, or 45, or China and the Caribbean. cagey virus. 43, or 42, or 41. You may live to the age That face of Tabu, there in Arusha, The virus causes AIDS. AIDS is the of 38. Average life expectancy, if you in that home, is indeed the face of disease, the manifestation. Tabu, being are born in Botswana today, is 38 years AIDS in Africa and in nations around wasted and thin—the virus itself is of age because of this single little virus the world. what causes it. What do we know about wiping out people, destroying people, The little tiny virus is not all that the disease itself? Whom does it hit? killing people in their most productive different from the viruses I am quite Put aside perceptions, the stigma of years. accustomed to treating in the popu- AIDS. Put them aside. Let me tell you In 2005, in Zimbabwe, 20 percent of its lation I treated before coming to the about the virus. The virus hits young workforce will be wiped out due to Senate, that can tear apart individuals, people. Eight hundred thousand chil- AIDS. Death is tragic enough. Taking but this virus is different in that it is dren were infected in 2002. Young peo- this productive segment of society, smarter. It is more cagey than other ple account for 60 percent of the new very quickly you have to ask yourself, viruses. But it is still just a little HIV infections each year. Worldwide, 13 with that productive segment as par- microorganism that is wiping out these million people have been orphaned by ents and with the infrastructure of continents, a little tiny virus. It is rav- AIDS. Most of them are, indeed, in Af- civil society disappearing, what hap- aging families. It is causing mass de- rica. When you are orphaned by AIDS; pens to the children who are left be- struction, this little tiny virus. It is you are left without mentors; you are hind? Who will feed the children? Who ravaging societies. It is ravaging left without parents; you are left with- will mentor those children? economies. It is ravaging countries. out a supportive structure; you are left Law enforcement is being wiped out, And, indeed, it is ravaging whole con- without the support we have in other, and teachers are being wiped out. tinents. To my mind, there is no great- more advantaged, countries. Kenya has reported in recent years as er challenge, morally or physically, As I go to Africa on these mission many as 75 percent of the deaths in law facing the global health community trips—again, I go down as a physician— enforcement, in its police force, are today than this global health crisis. you have the opportunity to go walk- AIDS-related. In civil society the po- The other interesting thing about it ing through villages. Nothing really tential for disruption is obvious. is, it is new. Usually if you have some- can prepare you for walking through a If you look at what this little tiny thing this devastating, you think it has village and looking at the people in the virus incrementally does to the econ- a long history and has grown over the homes. You see very old people—not omy of these countries, we see we can years and over the centuries. But it is very old, but old for the society there— give unlimited aid and money, but un- new. When I was in medical school, we people in their seventies, sixties, fif- less we defeat this little virus, the had never heard of an HIV virus; we ties. Then you see just little kids run- economies are not going to grow; they had never heard of the disease called ning around. What you do not see are are going to diminish. If you look at AIDS. I am not that old; 1981 was the people 20 years of age, to 35, to 40 years those countries where the prevalent first time in this country we were of age. It is almost like this whole seg- rates are about 20 percent or so—which smart enough to figure out that there ment of the population has been wiped is, in medical terms, significant pene- is this little HIV virus that causes out—old people and young people, but tration, but not unusual for Africa— AIDS—1981. That is 22 years ago. nobody in their productive years. the economy doesn’t grow but drops

VerDate Mar 15 2010 22:09 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 0637 Sfmt 0634 E:\2003SENATE\S30JA3.REC S30JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 30, 2003 CONGRESSIONAL RECORD — SENATE S1795 2.6 percent a year because of the HIV/ I think, I know, that we have a moral dividuals and AIDS orphans, and will AIDS virus. Why? Because you wipe obligation and a human requirement to provide $15 billion—$15 billion—in fund- out the most productive people in that provide more resources to fully enter ing over the next 5 years. society. We see poor countries growing the big war to win the battle one per- I should also add that, as a govern- poorer because of the virus, not just fi- son at a time. Those resources must be ment, we cannot do it alone. Even sin- nancially, which is how we measure managed and monitored so they get to gle leaders cannot do it alone. Even gross domestic product, but spiritually. those people who we intend to help. what this body does cannot do it alone. The hopelessness, the helplessness that The process must be transparent. I It is truly remarkable, as I have been comes from this little virus, all of a know that the President, because he addressing this particular issue over sudden becomes the norm. has told me personally and in meetings the last 8 years, to see this new inter- What is the role of the United States many times, wants to invest that section, this new coalition of partners of America, especially in light of the money making sure we get results; that heretofore just has not existed. It President’s pronouncement the other that the money is used wisely with has not existed. By that I am talking night? Historically we have much to be focus, that it is used transparently, and about the pharmaceutical companies. proud of. I think we need to add that, that we measure the results we set out At the end of the day, it is going to be because we read about people from to achieve. the research of the pharmaceutical other countries and people associated I think also we in this body need to companies—in developing vaccines, in with the United States who have never summon the commitment of all Ameri- figuring out why this virus changes— stepped to the plate. I want to disabuse cans to be soldiers in this war in what- that will give much of the answer. The my colleagues and people who are lis- ever way they possibly can. I say that pharmaceutical companies, the faith- tening. The United States has already only because as elected officials, al- based community—the churches, the done much to combat global HIV/AIDS though we know it is the right thing to spiritual community—the academies, in terms of research, and in terms of fi- do and morally the most powerful and the universities all across this nancial investment, both unilaterally thing to do, some constituents around great Nation are coming together at and bilaterally. You hear about the the country ask, Why in the world are this intersection, along with Govern- Global Fund on AIDS, Tuberculosis and you investing in a disease that, yes, af- ment and along with, I should add, the Malaria—an important fund, a new fects the world but is predominantly a private sector and foundations. fund, that hasn’t yet been proven. But continent so far away? I mention the foundations because we it becomes sort of the marker in many One of the reasons I am carrying on just saw an announcement last week people’s minds of what we are contrib- this discussion tonight is because I by Bill Gates. It is significant, with big uting. In truth, it is one part of a huge think each of us has an obligation—has numbers, huge numbers going to global battle—a lot of resources that were ac- an opportunity but also an obligation— health. We have seen nothing like this tually invested in fighting AIDS, but in to help educate not just our colleagues in the history of the world. It comes terms of that Global Fund on AIDS, and people in Congress but people all from a foundation that, in truth, Tuberculosis and Malaria, the United across America. We need to do that moves a lot faster than Government States was the first donor under Presi- every day in speeches—every time I go can move. We have been working on dent Bush. In a second round of financ- back to Tennessee or my colleagues go the HIV/AIDS issue for years and years ing, we once again were the first donor back to Nevada or South Dakota or and years. Bill Gates basically said: to that fund. Before the President’s an- Georgia or California. We have made a Listen, I see the problem. I am going to nouncement, we were that global lot of progress in the last couple of go out and do my best to lick the prob- fund’s largest donor. We placed $500 years. With the President’s announce- lem. Indeed, he announced this past million, more than any other nation. ment in the State of the Union Ad- week a remarkable $200 million grant That is a quarter of all the pledges. dress, I believe we are on the cusp of a to establish what is called the Grand The next closest country hasn’t even truly historic leaf that I believe can Challenges in Global Health initiative. matched half of our commitment. turn the tide of this devastating dis- This is going to be a major new effort I say that because I am offended ease, if we will start saving lives and and a partnership with our NIH, our when people say the United States sim- also instilling hope. National Institutes of Health, which ply has not stepped to the plate. Over the past 2 years, Senator KERRY will accelerate research on the most Just as impressive is the speed with and I, with a bipartisan group of Sen- difficult scientific barriers in global which we have addressed this issue his- ators, have constructed and put to- health. torically. We ramped up funding dra- gether what I believe is a significant Today, only 10 percent of medical re- matically in both direct aid, bilateral bill that addresses this little, tiny search in this country—only 10 per- aid, and global fund money. virus—this cagey virus that is causing cent—is devoted to the diseases which Total funding in 1999 was $154 mil- this mass destruction—and which ad- account for 90 percent of the health lion. Remember, the President two dresses the moral challenge this virus burden in the world. Mr. Gates said: It nights ago was talking about billions represents. The legislation will be dis- doesn’t make sense. For 90 percent of of dollars. Just 4 years ago we spent to- cussed in the Foreign Relations Com- the health burden in the world, we are tally $159 million. In the last 4 years, mittee next week, led by the Senator only spending 10 percent of our re- there has been an eightfold increase, up from Indiana, chairman of that com- search dollars. Let’s do something to about $1.2 billion. Indeed, the United mittee, Senator LUGAR. I hope this bill about it. He is in a position to do just States is today leading—even before becomes the legislative counterpart to that. Through his foundation, he will the President’s announcement—the President Bush’s bold initiative. change just that. global fight against HIV/AIDS. I think The President has pledged more re- The Gates initiative will provide we can be proud of that. But—and is sources, significantly more resources, a grants to support the collaborative ef- where the President’s announcement tripling in funding. He has proposed an forts of the most creative and innova- came—we can do more. I believe in sup- emergency plan, and he has used—this tive scientists and researchers in the port of what the President has said may be the most significant thing—the world. The initiative will draw atten- from a moral standpoint, we can and bully pulpit to rally a great Nation to tion to these urgent global health re- should and will do more. this noble cause. He sets the gold search needs. And it will stimulate I mentioned we are losing the battle. standard for humanitarian efforts for where I think the real answer is going Every 10 seconds somebody dies of the the United States but also for the to be; that is, the public-private part- infection. But in that same 10 seconds world. I know he has personally com- nerships—the partnerships with the there are two new infections. Remem- mitted to achieving results. His pro- academies, with the churches, with the ber that we have no cure. That is right posal, once our bill is acted upon, will pharmaceutical companies, with the now. That shows there is so much to be prevent 7 million of these new infec- leadership, yes, of the United States done. Each death and each new infections, will provide the antiretroviral and other of the wealthier countries, tion is one more tragic battle lost in drugs for 2 million HIV-infected people, but also the leadership of the disadvan- the war against this killer virus. will care for 10 million HIV-infected in- taged countries, the countries that are

VerDate Mar 15 2010 22:09 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 0637 Sfmt 0634 E:\2003SENATE\S30JA3.REC S30JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1796 CONGRESSIONAL RECORD — SENATE January 30, 2003 being subjected to the ravages of HIV/ The PRESIDING OFFICER. The Sen- sure you will criticize us, and we will AIDS. ator from Nevada. criticize you for not being able to get a I would not have said this 4 years Mr. REID. Mr. President, if I could lot of things done. We sure appreciate ago, but we will defeat this little virus. ask the majority leader to yield just the days we have. When I close my eyes, that is what I for a brief second, I of course appre- I know the leader has not decided see: this little virus—and all the death ciate very much the majority leader’s what time we will start on the Estrada and destruction—but this little tiny statement. It has even more meaning nomination. I will talk to you pri- virus, in part because I am a doctor. based on his being a physician. But vately about that, what time we should When I think of disease, I always look having been to Africa just a few do that Tuesday. I think we have been at the cause of it. But it is that little months ago for the second time, and to able to accomplish some good things virus. We will defeat it. Let me repeat see the difference in the approximately today. that: We will. It will be with the lead- 8 or 9 years from the time I first went, Mr. FRIST. Mr. President, I will get ership of the United States of America. to see the devastation by this plague to the closing statements. I briefly And by ‘‘leadership,’’ I am talking that is sweeping this continent is want to respond that in the past 3 about this body, working with the stark. weeks we have had a lot to do. It has President, working with the House of It is frightening to think that thou- been an opportunity for us to work Representatives, working with the pub- sands of people every day in that con- hand in hand, and I think what has lic-private partnerships. With that tinent are dying—not hundreds. They happened over the last initial 12 days, leadership, we will defeat this virus. don’t take weekends off. There are no and then now over the last 4 days, does But the question is—and the reason vacations. They continue to die during demonstrate that with an aggressive timing is important—how many chil- those periods of time. agenda, that by working together and dren and women and men are going to I say to my distinguished Republican cooperating and, yes, negotiating, we die before we defeat the virus? I al- leader, I also appreciate President can work through and achieve great ac- ready told you, in the best of all Bush devoting some of his time in the complishments for the country. I ap- worlds, for every one person who died State of the Union Address to AIDS preciate his comments. in the last 20 years, two are going to and acknowledging that there is a need Mr. REID. I would also say, I did not die in the next 20. Even if we discov- to do more financially. I appreciate realize the leader had decided what ered a vaccine right now, that is going that very much. time to go to the nomination on Tues- to happen, because the vaccine is for I do say, however, to the majority day. We would rather start it after the prevention. leader, that, as you know, we tried last caucuses on Tuesday. But if the leader The real question is, Will 60 million year to pass the same initiative. So it feels he needs to go at 10, we will be or 80 million or 100 million people die? is not as if we have been standing still. ready to go at 10 Tuesday morning. Or, again, under the leadership of the We tried to do this in the past and, Mr. FRIST. Mr. President, it would President of the United States, and frankly, we were held up in its passage. be best if we could go ahead to the with the legislation that we can gen- I also say that the United States, of nomination earlier in the day, as erate in this body, instead of it being course, is doing a lot, doing more than spelled out in the unanimous consent 100 million, can it be 20 million or 40 any other country, as the majority agreement, again, just to maximize the million or 45 million or 50 million? Or leader has indicated. But I believe we use of our time. I will offer the pro- will it grow from 100 million to 200 mil- have an obligation to do that. I think posal that we go in the morning. lion or 300 million? it is good that we are doing it. I think Let me also say, because we are That is the urgency. That is why we we should do more. shortly going to approve the nomina- need an emergency response. And that I also would like to support what the tion of the Secretary of the Treasury, I is why, as a physician, as someone who, majority leader has said. The Gates didn’t think even 8 hours ago we would with my own hands, has had the oppor- Foundation is exemplary. I think it is be able to do that. I appreciate the op- tunity to work with hundreds of HIV/ wonderful we have a private sector portunity to be able to do that, com- AIDS patients in this country and in joining to try to do something to de- plete it tonight, and then move in the many countries in Africa, it means so feat this plague. That is what it is. appropriate fashion with the Estrada much to me. I have seen that so di- f nomination. rectly. Mr. REID. If the leader will yield, I The answer is in our hands. Literally, EARLY ACCOMPLISHMENTS should have said that good work was it is in our hands. We are capable today Mr. REID. Having said that, I want done this afternoon with the Sec- of slowing this pandemic. It is going to to say to the majority leader, separate retary-nominee, Mr. Snow, meeting increase in the near future. There is and apart from HIV/AIDS, that the rea- with Senators DURBIN and HARKIN. He nothing we can do about that. But we son I came here—I am very glad I did obviously did an excellent job. I ex- can slow the trajectory. Indeed, in because I was educated by the leader’s press my appreciation to him, but also countries such as Uganda it has al- speech—there are not opportunities to to Senators DURBIN and HARKIN for already flattened and decreased, so we do this all the time, it is early in the lowing us to move forward. know there are things we can do now to session, it is early in your leadership f reverse this trajectory. But we have to but I would just like to say we have, I choose to fight first. We need to make think, done some good work. Last FUNDING TO FIGHT HIV/AIDS that commitment the President made 2 week, we were able to complete the ap- ABROAD nights ago and fight it with our will, propriations bill. There were some who Mr. SMITH. Mr. President, I rise to fight it with resources, fight it with en- said we were going to try to stop it. laud President Bush’s announcement in ergy and as much spirit as we can mus- The leader took our word for it and his State of the Union Address of a $15 ter. didn’t file cloture early. I think that billion, 5-year emergency plan for I will close because I know it is late, set a good tone in this body. Some of AIDS relief, with $10 billion in new and we have worked again aggressively the time we spent last week was tedi- money to combat the global AIDS pan- over the course of the day and have ous, but it set a good foundation. I demic, provides new hope for many of made real progress, but I will close by would also say, based on conversations the 42 million men, women, and chil- simply saying, the President, I know, we had off the floor today with you and dren living with AIDS right now. This is committed in both word and deed. I the Democratic leader, it was not all initiative, which I enthusiastically think it is now time for our body, this that likely we would be able to com- support, represents a critical first step legislative body, to come together to plete the work on a very important in scaling up the world’s response to work for this legislation and help lead nomination you have wanted, the the global AIDS pandemic. Combined a great people and a great nation to President has wanted, but we were able with expanded, though still relatively overcome one of the greatest moral and to work that out. small, bilateral resources to fight tu- public health challenges the world will The only reason I mention that to- berculosis, the leading killer of people face in the 21st century. night is, there will be days when I am with AIDS, this initiative can save

VerDate Mar 15 2010 22:09 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 0637 Sfmt 0634 E:\2003SENATE\S30JA3.REC S30JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 30, 2003 CONGRESSIONAL RECORD — SENATE S1797 many lives. I commend the President fund to fight AIDS, TB, and malaria, One more point on funding. It is of for his leadership in this effort. but the initiative fails so far to do so. vital importance that the President’s In truth, however, this effort has just I fear that the President’s emergency emergency plan for AIDS relief not begun. This initiative should be just a plan for AIDS relief may underfund the draw resources away from existing de- first downpayment by the U.S. in our global fund, our best new means of ad- velopment programs such as bilateral fight against AIDS. We must fully fund dressing these epidemics. This is par- tuberculosis or child survival efforts or this initiative in 2004 and do more. It is ticularly ironic given that Secretary other development priorities. also up to us to now work with the Tommy Thompson has just been ap- And, finally, we must look at the President to shape this initiative for pointed the chair of the global fund’s problem of AIDS in conjunction with maximum impact. We must invest board. The global fund is a relatively the problem of tuberculosis, for the wisely to protect and save as many new mechanism that is centrally im- two are inextricably linked from a lives as possible as quickly as possible. portant in scaling up the global re- medical perspective. Tuberculosis, As we work with the administration to sponse to AIDS. The global fund is in- which is the leading killer of people take this initiative from an idea into novative. It is independent. It is effi- with HIV worldwide, is carried by one action, we have important decisions to cient. And it is fully operational. By in three people worldwide. The disease make. I offer you a few key points tomorrow, at the close of their meeting drains human resources from strug- today regarding how we can use these in Geneva, Switzerland, the fund’s gling economies and poverty-stricken funds in order to save the greatest board will announce a second round of regions. number of lives and protect our global grant awards to programs in affected Tuberculosis is readily curable with health and stability. countries that are providing needed drugs that cost as little as $10 per pa- We must frontload this money, and prevention, treatment, and care for tient in developing countries with the ensure that it reaches as many coun- these three diseases. In this second DOTS treatment, but only one in four tries as possible. round, the fund will approve projects people who need DOTS have access to These funds are needed immediately, that will produce the following esti- it. If we do not act now to bring tuber- and if we do not invest enough now, we mated results: culosis under control globally, then TB For just $325 million, or about 2 per- will pay far more later, in money, in infection rates will rise precipitously cent of the proposed $15 billion, 270,000 lives lost, and in the social, economic, with the spread of HIV; and this is of more people will receive antiretroviral, and spiritual cost to the families, com- particular concern given the existence ARV, drugs in developing countries, munities, nations, which are hardest of dangerous drug-resistant strains, adding to 220,000 people who will re- hit. There are 10 million children in which are far more expensive and dif- ceive ARVs from the first round of the sub-Saharan Africa alone, children who ficult to treat. With just $200 million global fund’s grants. In total, the glob- ought to be free to play, to learn, to invested annually, the United States enjoy their young lives who have lost al fund will support a sixfold increase in the number of people being treated can provide its fair share of the re- one or both parents to AIDS. This rep- sources needed to meet international resents a country the size of Belgium. with ARVs in Africa. With $300 million, some 2 million TB control targets by 2005, as laid out In 10 years, at current rates, this num- in a groundbreaking blueprint called ber will quadruple. But we have a more people will be treated for tuberculosis over the next 5 years through the Global Plan to Stop TB. choice. Will we allow this to happen? expansion of the highly effective In closing, I again salute President Every year we delay, the slower we are DOTS, Directly Observed Therapy, Bush for his wise and compassionate to scale up, the greater the cost. This Short-course, treatment services. leadership in proposing a bold new U.S. epidemic is not waiting for us, it is ac- For just $18 million, or one-tenth of initiative to fight global AIDS. I urge celerating. So we must accelerate our one percent of $15 billion, 10 million that this be just a first step in our response. We must increase funding in more people in Africa will be treated scaled up response, and that we invest the fiscal year 2004 budget we will soon for malaria through the use of the new resources aggressively Now, that we consider. and highly effective anti-malarials, reach as many affected countries as The 14 countries in Africa and the arteminisin-based treatments. possible, and that we provide our fair Caribbean targeted by President Bush This work is highly impressive, and U.S. share of the total resources needed are important ones. However, there are it is critically important. by the global fund to fight AIDS, TB, many, additional countries where we The global fund estimates very con- and malaria. must urgently address AIDS now. For servatively that it will need $6.3 billion instance, in Lesotho, Malawi, Swazi- in 2003 and 2004, to be able to finance f land and Zimbabwe, where 60 percent of the high-quality proposals it antici- TRIBUTE TO ANDRE AGASSI all deaths under 60 are due to AIDS, pates receiving. The U.S. should pro- TB, and malaria, people need help im- vide at least $2 billion or more in 2004, Mr. REID. Mr. President, I rise to mediately too. with additional resources in 2003, scal- pay tribute to my friend and fellow Ne- Our own National Intelligence Coun- ing up in future years. vadan Andre Agassi, who won the Aus- cil has identified five populous nations Now, after this second round of tralian Open tennis championship over of strategic importance to the United grants is announced on Friday, the the weekend. Andre is from Las Vegas, States as the ‘‘next wave’’ of the HIV/ fund will be virtually out of money, where the community knows him to be AIDS epidemic, including India and and unable to even request a third not only an outstanding athlete but Russia. India alone contains some one- round of proposals later this year. I also an outstanding person who gives third of the world’s tuberculosis bur- commend the efforts of my many col- generously to many worthwhile causes den, and since HIV fuels the TB epi- leagues over the past year, colleagues and helps those most in need. demic, TB rates will skyrocket in these from both sides of the aisle, led by Sen- Blessed with amazing talent, Andre countries as HIV spreads. HIV rates are ators FRIST, KERRY, DEWINE, DURBIN, was a natural who began his profes- growing faster in Russia than any BOXER, and many others—who have sional career as a very young boy. Al- other region of the world, and the dan- provided leadership toward expanding though he is still quite young by most gerous drug-resistant strains of TB the United States’ investment in the standards, for a professional athlete, that are more prevalent in Russia than global fund. Now is not the time to especially a world-class tennis player anywhere in the world will pose a seri- back down on U.S. leadership at the he is considered old. He will turn 33 ous, deadly and expensive medical global fund, but the time to greatly in- this year and is now one of the true problem if they explode in synergy crease our investment in the fund to veterans of the men’s tennis tour. He with AIDS. We cannot wait; we must rapidly and effectively scale up global has demonstrated a tremendous dedica- act now. efforts. Providing our fair share of tion to fitness and training to enable Another point of key importance re- global fund resources as a part of a new him to compete—and win—against garding the President’s proposed initia- AIDS initiative would leverage major much younger players. tive is we must allocate far greater re- increases in other donor contributions Andre demonstrates the same relent- sources to the important new global as well. less determination to succeed off the

VerDate Mar 15 2010 22:09 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 0637 Sfmt 0634 E:\2003SENATE\S30JA3.REC S30JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1798 CONGRESSIONAL RECORD — SENATE January 30, 2003 court, and to help others have an op- He and Steffi are a formidable pair we had truly arrived at the ‘‘promised portunity to achieve. The people of Ne- and should create a lot of excitement land’’ he spoke of in his ‘‘I Have a vada appreciate Andre’s commitment on the clay courts in Paris. Dream’’ speech? Or would he find some to the community and his longstanding Several years ago Andre won the unfinished business? What would he philanthropic work. men’s singles at the French Open and say? Andre Agassi is an example of how a became the first tennis male player in Would Dr. King still speak of the ‘‘de- celebrity can use his fame, fortune, and more than three decades to win all four bilitating and grinding poverty’’ that connections for the public good. He has of the Grand Slam tournaments— disproportionately affects minority contributed millions of dollars and Wimbledon, the U.S. Open, the Aus- communities? In America today, like helped raise millions more for chari- tralian Open, and the French—during America of the 1960s, disproportionate table organizations. And his involve- his career. These events are played on numbers of minorities live in dilapi- ment in these projects extends beyond different surfaces—grass, hardcourt dated housing with low or no income. signing large checks: he gives his time and clay—that emphasize different They have far too few resources to feed and energy to these programs, helps de- skills and strategies, so it is very dif- their families, to clothe their children, velop a vision and plan for them and ficult and rare for a single player to or to pay the price of higher and higher knows what’s going on with them. have the versatility needed to excel on rents, and certainly not enough to af- He established the Andre Agassi all of them. ford a down-payment for a home of Charitable Foundation to assist organi- Andre has already established him- their own. Too many seniors have to zations that support children and that self as one of the all-time greats in the make the unfair and unacceptable provide assistance to victims of domes- history of tennis and provided fans choice between heat and prescription tic violence. with many memories. He has been drugs. And too few of them have the retirement savings of which they had The foundation provided much of the playing professional tennis now for dreamed. And in these sorry economic funding for the Andre Agassi College more than half of his life. Even though times, there is no safety-net, children Preparatory Academy. Agassi Prep, as he is playing some of the best tennis of can’t support their aging parents. it is called, is a charter school serving his life and shows no signs of slowing at risk children. Many of the students What would Dr. King say? We live in down, we know that sooner or later, I the richest Nation in the world, yet live in poverty. The vast majority of predict within the next 10 years, Andre them are from single parent house- certain current economic policies will win his last Grand Slam at age 40. holds. Most of the students attending sometimes neglect working-class men He and Steffi are the parents of a and women and turn a blind eye to the the school are African American. young boy, Jaden Gil, and I’m sure Andre’s goal is to improve their lives poorest among us, all in the name of Andre will want to be actively involved through education and prepare them stimulating our economy. If we want in family life after his professional ten- for college. to boost the economy, we should first I had the opportunity to visit this nis days are over. I am also certain boost the vast majority of Americans wonderful school and see the students that Andre will continue his great who can’t spend because they don’t learning in the classroom and then work on behalf of children in Las have an opportunity to earn. Our focus present a performance. I was encour- Vegas, and he can look forward to should be on providing equal access to aged by their enthusiasm for knowl- watching with pride as the students of professional and educational opportu- edge and the respect that they showed Agassi Prep grow up, graduate and nities, and not on dispensing one-way for their teachers and for one another. achieve success. tickets to low-paying jobs with dead- In addition to the charter school, I am happy to recognize once again end possibilities. If we are concerned there is the Andre Agassi Boys and the accomplishments of a great Ne- about our country’s economic health, Girls Club in west Las Vegas, a minor- vadan and great American, Andre we should be concerned about economic ity community, providing a safe and Agassi. opportunities for all. positive environment for youth. The f What would Dr. King say? Last year, club functions as a place where chil- REMEMBERING THE LEGACY OF hate crimes climbed by more than 17 dren can participate in fun, rec- DR. MARTIN LUTHER KING, JR. percent, and offenses targeted specifi- reational activities and also learn cally against Muslims jumped 1,600 per- about the dangers of becoming involved Mr. BIDEN. Mr. President, I rise cent. Just this month, as the Nation with gangs or drugs. today to honor an extraordinary man prepared itself to honor the memory of So Andre Agassi is making a dif- in American history. Dr. Martin Lu- Dr. King, racial threats were mailed to ference in the lives of so many children ther King, Jr., without exception, led a more than 30 African-American church- and their families in Southern Nevada, fearless life dedicated to the cause of es and businesses in Kansas City, MO. some of whom are unaware that this human rights and world peace. His ex- And, sadly, Kansas City is no different weekend Down Under in Australia, ample inspired a generation of Ameri- than many cities in America. Accord- thousands of miles and many time cans to rise above what had been two ing to the Federal Bureau of Investiga- zones away, Andre won another major centuries of injustice and inequality tion, 9,730 hate crimes were reported in tennis championship, the eighth Grand and usher in a new day of enlighten- the United States in 2001, that is more Slam title of his career. ment and freedom. For that great gift, than 26 hate crimes a day. And it is not To accomplish this, Andre won seven for having imagined what America counting the untold numbers of crimes straight matches over 2 weeks. This ex- ought to be and setting us on that that go unreported, nor the numbers of tends his victory streak to 21 consecu- course, we will forever be in his debt. crimes against individuals solely be- tive matches at the Australian Open, a Had Dr. King been spared on that cause of their gender or sexual orienta- tournament he won in 1995, and then fateful day in 1968, he would have tion or disability, all of which are not again in 2000 and 2001. Unfortunately, turned 74 years of age this month. He captured under current Federal law. he was not able to defend his cham- would have watched his children, Mar- Hate crimes are not simply crimes pionship last year because of an injury. tin, Dexter and Yolanda, grow into against individuals; they are crimes But he recovered and worked hard to strong and responsible adults. He against whole communities and have get his form back and once again tri- would have watched a generation of marked the demise of great nations. To umphed. young people mature into adults, paraphrase Dr. King, ‘‘history is clut- Another reason tennis fans are cele- struggling to keep the spirit of his tered with the wreckage of nations and brating Andre’s latest victory is his re- dream alive. He would have seen the individuals’’ that tolerated ‘‘this self- cent suggestion that if he won this birth of an entirely new generation, defeating path of hate.’’ And yet Con- tournament, his wife, Steffi Graf, her- charged with carrying America’s torch gress in its infinite wisdom has failed self a legend in the tennis world and into a new century. to pass basic legislation that would winner of numerous championships, Had Dr. King lived, he would have strengthen the ability of Federal, State would come out of her retirement to witnessed, and undoubtedly experi- and local governments to investigate team up with him and play mixed dou- enced, countless changes in America and prosecute hate crimes; failed to re- bles at the French Open this year. and the world . . . but would he believe move unnecessary obstacles to Federal

VerDate Mar 15 2010 22:09 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 0637 Sfmt 0634 E:\2003SENATE\S30JA3.REC S30JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 30, 2003 CONGRESSIONAL RECORD — SENATE S1799 involvement in the prosecution of bias- experience life differently, in other Senator KENNEDY and I introduced the motivated crimes; and failed to give words, to the extent that there are Local Law Enforcement Act, a bill that law enforcement the tools it needs to Black-White gaps in poverty rates, in would add new categories to current ensure that every American can live in income levels, in access to quality hate crimes law, sending a signal that an environment free of terror. health care, in life expectancy, in rates violence of any kind is unacceptable in And what would Dr. King say of our of imprisonment, in any number of life our society. efforts to make it possible that every indicators, those gaps narrow consider- I would like to describe a terrible American child attend college and re- ably when minorities have increased crime that occurred August 27, 2000 in ceive the benefits that flow from a col- and equal access to educational oppor- Normal, IL. Christopher Weninger, an lege education? Four decades after Ole tunities. Illinois State University student, was Miss and the University of Alabama ad- Quite frankly, the road that led me assaulted while walking home from a mitted their first minority students, from the small town of Scranton, PA, party. Three men approached Weninger some are arguing that universities can- to the hamlet of Claymont, DE, and on the street and asked him for a ciga- not seek to promote a diverse campus eventually to the hallowed Halls of the rette. As Weninger handed one man a atmosphere by considering race, among Senate, while rocky and sometimes un- cigarette, another man punched him in many other factors, in assembling its certain, was always paved with possi- the face and called him ‘‘queer.’’ The student body. I was disappointed when bility. The challenge, my friends, is to victim suffered a broken nose and eye the President announced to the nation make sure every child, no matter their socket. that he would authorize the U.S. Gov- race or ethnicity, no matter their gen- I believe that Government’s first ernment to oppose the undergraduate der, no matter their families’ socio- duty is to defend its citizens, to defend and law school admissions policies of economic status, has a chance to travel them against the harms that come out the University of Michigan. The admin- a road, not necessarily free of obsta- of hate. The Local Law Enforcement istration had an opportunity to send a cles, but certainly full of possibility. Enhancement Act is a symbol that can powerful message to the Nation, name- We must be vigilant in ensuring that become substance. I believe that by ly that, partisan politics aside, the at- the road for all our citizens is paved passing this legislation and changing tainment of diverse student bodies at with possibility. current law, we can change hearts and America’s universities is in our great- In 1957, when Dr. King and a group of minds as well. est national interest. I disagree with others formed the Southern Christian f his decision. Leadership Conference, they chose as YOUTH PROGRAM IS BEST RE- The President’s reason for opposing their motto: ‘‘To save the soul of VENGE AGAINST RISING TIDE OF the Michigan admissions system was America.’’ Our charge today is no less GUN DEATHS because it mandated racial quotas. It urgent. We have to make America what does not. As the university’s president, it ought to be. And to do that, we start Mr. LEVIN. Mr. President, I want to Mary Sue Coleman, noted in her re- where our Founders started, by awak- bring an inspiring young woman from sponse to President Bush’s ening in our hearts that spirit of revo- my home State of Michigan to the at- misstatement, the university’s admis- lution, of freedom, of democracy out of tention of my colleagues. Her name is sions system ‘‘is a complex process which America was born, by remem- Lakeshia Gallman. Lakeshia graduated that takes many factors into account bering that America’s promise is only from Martin Luther King High School and considers the entire background of as strong and as real to you as it is to in 2002 and currently attends Wayne each applicant. . . . We do not have, and all. Dr. King said it best: ‘‘Injustice State University. never had, quotas or numerical targets anywhere is a threat everywhere. . . . As many of my colleagues know, the in either the undergraduate or Law Whatever affects one directly, affects Detroit area has been plagued by gun- School admissions programs. Academic all indirectly.’’ My friends, ‘‘either we related deaths of children over the last qualifications are the overwhelming go up together or we go down to- year. Lakeshia Gallman is no stranger consideration for admission to both gether.’’ to the terrible effects of this rising tide programs.’’ The questions are really quite sim- of gun violence on families and com- No, this debate is not about quotas. ple. I stand with Dr. King’s vision, munities. She lost her 17-year-old cous- Rather, it is about educators’ judg- which calls on us today to make sure in in a senseless act of gun violence 4 ments about how best to teach and that we do all we can to close the gaps years ago. Since that incident, stimulate the curiosity of America’s in education and economic prosperity. Lakeshia’s commitment to reducing college students. It is about how to When Dr. King died that dark day in the occurrence of gun violence in De- nurture critical thinking, how to ignite 1968, honestly a part of me and a part troit has been exemplary. Lakeshia is students’ intellectual imagination. I of every American died, too. Riots active in the Detroit Neighborhood have said it many times before, but erupted in 125 cities around the coun- Service Organization’s Youth Initiative now I have the social science data to try, including in my home State of Project, an organization dedicated to back it up: the greatest benefactor of a Delaware, where the National Guard drug prevention and stopping youth vi- diverse student community is not the occupied Wilmington for 10 months, re- olence. She has been a champion of gun individual student who gets some plus- portedly the longest occupation in the safety initiatives in Detroit for over factor on his admissions application; it country. But out of that horror and the 3 1⁄2 years. Over the last year, Lakeshia is the wider college community that anguish that followed, a clarion call has set up town hall meetings, and met gains immensely from learning in an was heard. We emerged from the riots a with local and national elected offi- environment with different types of stronger and better nation, and with a cials, including me. She also helped people, with different types of life ex- stronger faith in what is good and right distribute over 2,000 gun locks and has periences. And anyone who would sug- about America. educated people about the harsh reali- gest that an individual’s race does not To my beloved countrymen, I say ties of gun violence. Lakeshia recently contribute to one’s life experience that, in this season marking Dr. King’s authored a column on the effects of would be sadly mistaken, because, even birth, we must remember his legacy. gun violence in the Detroit Free Press. in the 21st century, diversity matters. We must continue to raise our voices, Like many Americans, Lakeshia This debate is about how to make continue to speak for the least among Gallman understands that the black America’s promise real for all her chil- us, continue to fight for what is good market and gun traffickers are two of dren. Tellingly, when asked about the and right about America. the primary ways criminals get their lawsuits against the University of f hands on guns. She also knows that Michigan, Dr. King’s widow, Coretta easy access to guns in homes are a pri- Scott King, noted quite poignantly LOCAL LAW ENFORCEMENT ACT mary method by which kids injure or that affirmative action is ‘‘an impor- OF 2001 kill other kids. We can eliminate easy tant part toward eliminating discrimi- Mr. SMITH. Mr. President, I rise access to guns by criminals by closing nation.’’ She is right. To the extent today to speak about the need for hate the gun show loophole. And we can pre- that Whites and minorities sometimes crimes legislation. In the last Congress vent kids from gaining access to guns

VerDate Mar 15 2010 22:09 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 0637 Sfmt 0634 E:\2003SENATE\S30JA3.REC S30JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1800 CONGRESSIONAL RECORD — SENATE January 30, 2003 by enacting safe storage legislation, been campaigning and having rallies on this fidence that this round of enlargement such as the Children’s Firearm Access issue for about 31⁄2 years. Gun violence can be will maintain and increase NATO’s Prevention Act. These are two com- stopped. We just have to keep on pushing and strength, cohesion and vitality.’’ I monsense steps we can take to reduce educating the public. share his belief that these countries Among other achievements, the project gun violence. distributed 2,000 gun locks to the community will make significant contributions to I had the pleasure of meeting over the summer. This proved that the com- the NATO Alliance. As Secretary of Lakeshia Gallman in October and I munity wanted to practice gun safety—and Defense Donald Rumsfeld and Chair- commended her on her hard work and that made me proud. man of the Joint Chiefs of Staff Gen- dedication to preventing gun violence The next issue I want to deal with is illegal eral Richard Myers have also ex- in her community. I am sure that I gun trafficking. I wonder where people are pressed, these countries will bring speak for many of my Senate col- getting these high-powered machine guns. niche capabilities, as well as energy, leagues in congratulating her on a job People are selling guns from their houses freshness and enthusiasm, to the Alli- trunks of their cars and other places that are well done. illegal. Anyone can buy a gun from these ance. I ask unanimous consent that places, even minors. I sincerely believe that although the Lakeshia’s Detroit Free Press column This illegal gun trafficking is very dan- newly invited countries still have work be printed in the RECORD. gerous because children can get their hands to do on their Membership Action There being no objection, the mate- on guns whenever they want. Plans, their reforms will be swifter and rial was ordered to be printed in the My message to the community is: If we had more complete as they are brought RECORD, as follows: done something before these murders, this into the Alliance, rather than left out. could have been prevented. We were not con- YOUTH PROGRAM IS BEST REVENGE AGAINST Upon our arrival in the Czech Repub- cerned until our babies were murdered. lic, we were informed that we were in- RISING TIDE OF GUN DEATHS There need to be more block clubs, town hall TEEN WHO LOST COUSIN CHANNELS HER ANGER meetings and community activities to keep vited to attend a mock NATO Summit INTO EDUCATION PLAN children out of trouble. This is what I leave for students, which included young (By Lakeshia Gallman) with you. Let’s start saving our future before people representing all 19 members of Sometimes I sit back and wonder why in- it fades away. the NATO Alliance, as well as the aspi- nocent people have to die. It is a shame that To Mario Smith’s family, I would like to rant countries. The students were violence has taken over our world. say that I will keep praying for you and to scheduled to discuss and debate the The shooting death of 16-year-old Detroit never give up, because justice will be served. same issues that were to be addressed high-school student Mario Smith over the To my cousin: Rest in peace, Ronald Ellis, by the Heads of States of the NATO weekend has personal meaning for me as I will see you again one day. Just keep on waiting for me, and we will play that one-on- member countries. President Bush was someone who graduated from Martin Luther the keynote speaker at their event. I King High School this year. Mario was an one game I owe you. was pleased that Senator FRIST and I honor student at King, an athlete I knew to My heart goes out to the families and sib- be a great all-around person. lings who lost somebody they love. God bless had the opportunity to introduce our- His senseless death was the latest sad re- you, and never give up. selves to the various delegations, and I minder of how gun violence is destroying our f enjoyed the chance to share common communities. But I already knew this—be- TRAVEL TO PRAGUE, CZECH experiences with the delegations from cause my 17-year-old cousin was shot to REPUBLIC FOR THE NATO SUMMIT Macedonia, Croatia, Italy and Lith- death four years ago. uania on an informal basis. My cousin and his friends were shot several Mr. VOINOVICH. Mr. President, as President Bush gave a most inspiring times with automatic weapons. It was a Sun- many of my colleagues may be aware, speech to the young people, empha- day afternoon; my aunt told him to take her I am a strong advocate of NATO en- sizing the fact that NATO has become car and go to the cleaners. Instead, he went largement to include Europe’s new de- to pick up some friends who at the time were more than simply a military organiza- selling drugs. They stopped at a stop sign, mocracies. As such, I was thrilled to tion, and is in fact an organization and two men sprayed the car with their have the opportunity to join President composed of people who share common AK47s. George W. Bush at the NATO Summit values. With these common ties, he re- I think my cousin was at the wrong place in Prague last November, at which marked, those countries who have been at the wrong time and hanging out with the time invitations for NATO membership traditional adversaries will no longer wrong crowd. He had a lot of dreams that he were extended to Bulgaria, Estonia, go to war against one another. Instead, wanted to accomplish in life, but that was Latvia, Lithuania, Romania, Slovakia as Article V of the NATO Charter all taken away from him in couple of sec- and Slovenia. onds. clearly states, an attack against one is He always talked about going to the NFL I remain deeply grateful to the Presi- an attack on all. or being a rapper. He was like a brother. I dent for inviting me to join him as a Following the President’s speech, we miss his jokes and his smile. member of the Congressional delega- proceeded to a reception with Sec- He taught me how to play basketball and tion to the NATO Summit, along with retary of State Colin Powell. I was de- said he would come to my first high school my colleague Senator BILL FRIST, and lighted to talk with him about NATO’s game. He was killed a month before my first Congressman TOM LANTOS, Congress- changing role, as well as the many per- game. man ELTON GALLEGLY and Congress- spectives from which he has viewed the After my cousin was murdered, I wanted man DOUG BEREUTER. I appreciate that revenge on whoever killed him. Later, I real- formulation of our foreign policy. On ized that violence was not the way to retali- the President has recognized my life- Wednesday evening, November 20, 2002, ate. I joined the Detroit Neighborhood Serv- long passion for the inclusion of the members of the U.S. delegation at- ices Organization’s Youth Initiatives former Captive Nations as members of tended a dinner with other delegates to Project—a youth-driven program that cam- the NATO Alliance, and I was proud to the NATO Summit, which was hosted paigns against drug violence. The program is be in the room on November 21, 2002, by the Aspen Institute. I was glad to my revenge. when NATO Secretary General Lord have the opportunity to visit with I get my revenge by educating the commu- Robertson officially announced the de- President Mesic of Croatia, President nity on gun safety and passing out gun locks cision to invite seven countries to be- to help prevent accidents with guns in the Trajkovski of Macedonia, Prime Min- home. In this way, I could repay my cousin come part of the Alliance. ister Dzurinda of the Slovak Republic, by saving other lives. As Lord Robertson articulated on President Kucan of Slovenia, and our The Youth Initiatives Project has bene- that historic day, the decision to in- host, President Vaclav Havel of the fited me a lot. The program has made me clude these new members will serve to Czech Republic. come out of my shell and talk to other strengthen the Alliance as it prepares Thursday, November 21, 2002 was a youths about my story. to confront new challenges to global thrilling day for me. I have longed to When I first started the program, I was security. After working with the NATO be present when Bulgaria, Estonia, very shy and quiet. With the help of Frank aspirant countries on comprehensive Latvia, Lithuania, Romania, Slovakia McGhee, our program director, I learned that if you speak your mind, people will take a domestic reforms in preparation for and Slovenia were invited into NATO, minute to listen. membership in the Alliance, the Sec- and I was pleased to be there to see The Youth Initiatives Project has been retary General concluded that, ‘‘We President Havel begin the program and fighting the fight for a long time. We have can therefore say with complete con- to hear Lord Robertson formally invite

VerDate Mar 15 2010 22:09 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 0637 Sfmt 0634 E:\2003SENATE\S30JA3.REC S30JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 30, 2003 CONGRESSIONAL RECORD — SENATE S1801 seven countries to join the Alliance. of cards out of homeland security, such subjects reported by the Committee on With no objections, the consensus which loses $1 billion which was al- Foreign Relations shall be referred to the among the Allies was to invite these ready requested, authorized, and appro- Committee on Banking, Housing, and Urban young democracies into NATO. Each priated. Affairs). delegation, through its President or How many Americans know that this 11. Intervention abroad and declaration of war. Prime Minister, made a statement to bill will likely cut 1,175 FBI agents, 490 12. Measures to foster commercial inter- express their support for these seven food safety engineers, and 1,600 cus- course with foreign nations and to safeguard countries and their strategic impor- toms inspectors who are vital if we are American business interests abroad. tance to the NATO organization. It was to protect our homeland from contra- 13. National security and international as- inspiring to hear country give their en- band and those that would do us harm. pects of trusteeships of the United States. thusiastic endorsement, and it gave me How many Americans know that the 14. Ocean and international environmental some comfort that they would help to Head Start cut of $107 million could and scientific affairs as they related to for- move the approval of these countries’ prevent 2700 youngsters from a Head eign policy. membership through their respective Start experience, or leave 224,000 needy 15. Protection of United States citizens legislatures. individuals without the meals provided abroad and expiration. On Thursday afternoon, I joined by WIC, or 230,000 veterans without 16. Relations of the United States with for- other members of the U.S. delegation medical services. eign nations generally. at a small luncheon in honor of the To make matters worse, this bill is 17. Treaties and executive agreements, ex- NATO aspirant countries. I enjoyed the being offered at a time when our Na- cept reciprocal trade agreements. chance to visit with President Vaira tion continues to face significant chal- 18. United Nations and its affiliated organi- Vike-Freiberga of Latvia, Foreign Min- lenges in protecting homeland secu- zations. ister Mircea Geoana of Romania, Presi- rity, increasing school achievement, 19. World Bank group, the regional devel- dent Moisiu of Albania, Prime Minister and strengthening our work force. opment banks, and other international orga- Drnovsek of Slovenia, as well as Prime Essentially what this bill does is cut nizations established primarily for development assistance purposes. Minister Simeon Saxe-Coburg-Gotha of the money from a number of critical The Committee is also mandated by Senate Bulgaria. It was a wonderful celebra- projects so this body can pass a tax cut Rule XXV.1(j) to study and review, on a com- tion of the invitations extended to Bul- of $674 billion, which will lead to a $2 prehensive basis, matters relating to the na- garia, Estonia, Latvia, Lithuania, Ro- trillion deficit over the next 10 years. tional security policy, foreign policy, and mania, Slovakia and Slovenia, as well Every day this body is faced with international economic policy as it relates as the ongoing reforms in Macedonia, tough choices. But in my decade in the to foreign policy of the United States, and Albania and Croatia to prepare for Senate, I believe this bill represents matters relating to food, hunger, and nutri- membership in the Alliance. one of the worst pieces of legislation to tion in foreign countries, and report thereon Later that day, my wife Janet and I pass this Senate. from time to time. were happy to talk further with Czech (b) OVERSIGHT.—The Committee also has a f President Vaclav Havel at a dinner responsibility under Senate Rule XXVI.8, which provides that ‘‘. . . each standing held in his honor at the Prague Castle. RULES OF THE COMMITTEE ON Committee . . . shall review and study, on a Following dinner, at 1:30 a.m. Prague FOREIGN RELATIONS continuing basis, the application, adminis- time, I placed a call to Cleveland to Mr. LUGAR. Mr. President, pursuant tration, and execution of those laws or parts talk with individuals with ties to to the requirements of paragraph 2 of of laws, the subject matter of which is with- NATO aspirant countries who were Senate rule XXVI, I ask unanimous in the jurisdiction of the Committee.’’ (c) ‘‘ADVICE AND CONSENT’’ CLAUSES.—The gathered at the Lithuanian Hall of Our consent to have printed in the RECORD Lady of Perpetual Help at a rally to Committee has a special responsibility to as- the rules of the Committee on Foreign sist the Senate in its constitutional function celebrate the historic events that had Relations for the 108th Congress adopt- taken place that day. I enjoyed the op- of providing ‘‘advice and consent’’ to all ed by the committee on January 28, treaties entered into by the United States portunity to share with them the expe- 2003. and all nominations to the principal execu- riences that I was having in Prague. It There being no objection, the mate- tive branch positions in the field of foreign was truly a capstone to an unbelievable rial was ordered to be printed in the policy and diplomacy. day that I will never forget. RECORD, as follows: RULE 2: SUBCOMMITTEES I look forward to working with my RULES OF THE COMMITTEE ON FOREIGN (a) CREATION.—Unless otherwise authorized colleagues in the Senate as we begin to RELATIONS discuss the merits of NATO enlarge- by law or Senate resolution, subcommittees (Adopted January 28, 2003) ment during this session of Congress. shall be created by majority vote of the RULE 1: JURISDICTION Committee and shall deal with such legisla- Mrs. FEINSTEIN. Mr. President, as tion and oversight of programs and policies (a) SUBSTANTIVE.—In accordance with Sen- an appropriator, I come to the floor as the Committee directs. Legislative meas- ate Rule XXV.1(j), the jurisdiction of the today to express my opposition to the ures or other matters may be referred to a Committee shall extend to all proposed legis- omnibus appropriations bill. subcommittee for consideration in the dis- lation, messages, petitions, memorials, and cretion of the Chairman or by vote of a ma- The $385 billion omnibus appropria- other matters relating to the following sub- jority of the Committee. If the principal sub- tions bill cuts almost $10 billion from jects: ject matter of a measure or matter to be re- what the Senate Appropriations Com- 1. Acquisition of land and buildings for em- ferred falls within the jurisdiction of more mittee approved last year. bassies and legations in foreign countries. than one subcommittee, the Chairman or the On top of these draconian cuts, the 2. Boundaries of the United States. Committee may refer the matter to two or 3. Diplomatic service. bill before us includes a 2.9 percent more subcommittees for joint consideration. across-the-board cut, to non-military 4. Foreign economic, military, technical, and humanitarian assistance. (b) ASSIGNMENTS.—Assignments of mem- programs, and will affect critical pro- bers to subcommittees shall be made in an grams such as homeland security, edu- 5. Foreign loans. 6. International activities of the American equitable fashion. No member of the Com- cation, and job training. National Red Cross and the International mittee may receive assignment to a second This bill is a major mistake and rep- Committee of the Red Cross. subcommittee until, in order of seniority, all resents a short-sided approach to solv- 7. International aspects of nuclear energy, members of the Committee have chosen as- ing our Nation’s problems. including nuclear transfer policy. signments to one subcommittee, and no What is happening is an administra- 8. International conferences and con- member shall receive assignments to a third tion’s effort to starve domestic pro- gresses. subcommittee until, in order of seniority, all 9. International law as it relates to foreign members have chosen assignments to two grams in order to save dollars for a $674 subcommittees. billion tax cut. If this effort is success- policy. 10. International Monetary Fund and other No member of the Committee may serve on ful, we will see interest rates rise, the international organizations established pri- more than four subcommittees at any one deficit balloon, and a 10-year cumu- marily for international monetary purposes time. lative deficit of $2 to 3 trillion. (except that, at the request of the Com- The Chairman and Ranking Member of the Americans don’t know it yet but soon mittee on Banking, Housing, and Urban Af- Committee shall be ex officio members, will learn that this bill makes a house fairs, any proposed legislation relating to without vote, of each subcommittee.

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(c) MEETINGS.—Except when funds have (f) CLOSED SESSIONS.—Each meeting of the RULE 4: QUORUMS been specifically made available by the Sen- Committee on Foreign Relations, or any sub- (a) TESTIMONY.—For the purpose of taking ate for a subcommittee purpose, no subcommittee thereof, including meetings to sworn or unsworn testimony at any duly committee of the Committee on Foreign Re- conduct hearings, shall be open to the public, scheduled meeting a quorum of the Com- lations shall hold hearings involving ex- except that a meeting or series of meetings mittee and each subcommittee thereof shall penses without prior approval of the Chair- by the Committee or a subcommittee on the consist of one member. man of the full Committee or by decision of same subject for a period of no more than (b) BUSINESS.—A quorum for the trans- the full Committee. Meetings of subcommit- fourteen calendar days may be closed to the action of Committee or subcommittee busi- tees shall be scheduled after consultation public on a motion made and seconded to go ness, other than for reporting a measure or with the Chairman of the Committee with a into closed session to discuss only whether recommendation to the Senate or the taking view toward avoiding conflicts with meet- the matters enumerated in paragraphs (1) of testimony, shall consist of one-third of ings of other subcommittees insofar as pos- through (6) would require the meeting to be the members of the Committee or sub- sible. Meetings of subcommittees shall not closed followed immediately by a record vote committee, including at least one member be scheduled to conflict with meetings of the in open session by a majority of the members from each party. full Committee. of the Committee or subcommittee when it (c) REPORTING.—A majority of the member- The proceedings of each subcommittee is determined that the matters to be dis- ship of the Committee shall constitute a shall be governed by the rules of the full cussed or the testimony to be taken at such quorum for reporting any measure of rec- Committee, subject to such authorizations meeting or meetings— ommendation to the Senate. No measure or or limitations as the Committee may from (1) will disclose matters necessary to be recommendation shall be ordered reported time to time prescribe. kept secret in the interests of national de- from the Committee unless a majority of the RULE 3: MEETINGS fense or the confidential conduct of the for- Committee members are physically present. (a) REGULAR MEETING DAY.—The regular eign relations of the United States; The vote of the Committee to report a meas- meeting day of the Committee on Foreign (2) will relate solely to matters of Com- ure or matter shall require the concurrence Relations for the transaction of Committee mittee staff personnel or internal staff man- of a majority of those members who are business shall be on Tuesday of each week, agement or procedure; physically present at the time the vote is (3) will tend to charge an individual with unless otherwise directed by the Chairman. taken. crime or misconduct; to disgrace or injure (b) ADDITIONAL MEETINGS.—Additional RULE 5: PROXIES meetings and hearings of the Committee the professional standing of an individual, or otherwise to expose an individual to public Proxies must be in writing with the signa- may be called by the Chairman as he may ture of the absent member. Subject to the redeem necessary. If at least three members of contempt or obloquy, or will represent a clearly unwarranted invasion of the privacy quirements of Rule 4 for the physical pres- the Committee desire that a special meeting ence of a quorum to report a matter, proxy of the Committee be called by the Chairman, of an individual; (4) will disclose the identity of any in- voting shall be allowed on all measures and those members may file in the offices of the former or law enforcement agent or will dis- matters before the Committee. However, Committee their written request to the close any information relating to the inves- proxies shall not be voted on a measure or Chairman for that special meeting. Imme- tigation or prosecution of a criminal offense matter except when the absent member has diately upon filing of the request, the Chief that is required to be kept secret in the in- been informed of the matter on which he is Clerk of the Committee shall notify the being recorded and has affirmatively re- Chairman of the filing of the request. If, terests of effective law enforcement; (5) will disclose information relating to the quested that he or she be so recorded. within three calendar days after the filing of trade secrets or financial or commercial in- RULE 6: WITNESSES the request, the Chairman does not call the formation pertaining specifically to a given requested special meeting, to be held within (a) GENERAL.—The Committee on Foreign person if— seven calendar days after the filing of the re- Relations will consider requests to testify on (A) an Act of Congress requires the infor- any matter or measure pending before the quest, a majority of the members of the mation to be kept confidential by Govern- Committee may file in the offices of the Committee. ment officers and employees; or (b) PRESENTATION.—If the Chairman so de- Committee their written notice that a spe- (B) the information has been obtained by cial meeting of the Committee will be held, termines, the oral presentation of witnesses the Government on a confidential basis, shall be limited to 10 minutes. However, specifying the date and hour of that special other than through an application by such meeting. The Committee shall meet on that written statements of reasonable length may person for a specific Government financial or be submitted by witnesses and other inter- date and hour. Immediately upon the filing other benefit, and is required to be kept se- of the notice, the Clerk shall notify all mem- ested persons who are unable to testify in cret in order to prevent undue injury to the person. bers of the Committee that such special competitive position of such person, or meeting will be held and inform them of its (c) FILING OF STATEMENTS.—A witness ap- (6) may divulge matters required to be pearing before the Committee, or any sub- date and hour. kept confidential under other provisions of (c) HEARINGS, SELECTION OF WITNESSES.— committee thereof, shall file a written state- law or Government regulations. ment of his proposed testimony at least 48 To ensure that the issue which is the subject A closed meeting may be opened by a ma- of the hearing is presented as fully and fairly hours prior to his appearance, unless this re- jority vote of the Committee. quirement is waived by the Chairman and as possible, however, whenever a hearing is (g) STAFF ATTENDANCE.—A member of the the Ranking Member following their deter- conducted by the Committee or a sub- Committee may have one member of his or mination that there is good cause for failure committee upon any measure or matter, the her personal staff, for whom that member as- to file such a statement. Ranking Member of the Committee or sub- sumes personal responsibility, accompany (d) EXPENSES.—Only the Chairman may au- committee may request that an equal num- and be seated nearby at Committee meet- ber of public witnesses selected by the Rank- thorize expenditures of funds for the ex- ings. penses of witnesses appearing before the ing Member be called to testify at that hear- Each member of the Committee may des- Committee or its subcommittees. ing. ignate members of his or her personal staff, (e) REQUESTS.—Any witness called for a (d) PUBLIC ANNOUNCEMENT.—The Com- who hold a Top Secret security clearance, for hearing may submit a written request to the mittee, or any subcommittee thereof, shall the purpose of their eligibility to attend make public announcement of the date, Chairman no later than 24 hours in advance closed sessions of the Committee, subject to for his testimony to be in closed or open ses- place, time, and subject matter of any meet- the same conditions set forth for Committee ing or hearing to be conducted on any meas- sion, or for any other unusual procedure. The staff under Rules 12, 13, and 14. Chairman shall determine whether to grant ure or matter at least one week in advance In addition, the Majority Leader and the any such request and shall notify the Com- of such meetings or hearings, unless the Minority Leader of the Senate, if they are mittee members of the request and of his de- Chairman of the Committee, or sub- not otherwise members of the Committee, cision. committee, in consultation with the Rank- may designate one member of their staff ing Member, determines that there is good with a Top Secret security clearance to at- RULE 7: SUBPOENAS cause to begin such meeting or hearing at an tend closed sessions of the Committee, sub- (a) AUTHORIZATION.—The Chairman or any earlier date. ject to the same conditions set forth for other member of the Committee, when au- (e) PROCEDURE.—Insofar as possible, pro- Committee staff under Rules 12, 13, and 14. thorized by a majority vote of the Com- ceedings of the Committee will be conducted Staff of other Senators who are not members mittee at a meeting or by proxies, shall have without resort to the formalities of par- of the Committee may not attend closed ses- authority to subpoena the attendance of wit- liamentary procedure and with due regard sions of the committee. nesses or the production of memoranda, doc- for the views of all members. Issues of proce- Attendance of Committee staff at meetings uments, records, or any other materials. At dure which may arise from time to time shall be limited to those designated by the the request of any Member of the Com- shall be resolved by decision of the Chair- Staff Director or the Minority Staff Direc- mittee, the Committee shall authorize the man, in consultation with the Ranking Mem- tor. issuance of a subpoena only at a meeting of ber. The Chairman, in consultation with the The Committee, by majority vote, or the the Committee. When the Committee au- Ranking Member, may also propose special Chairman, with the concurrence of the thorizes a subpoena, it may be issued upon procedures to govern the consideration of Ranking Member, may limit staff attend- the signature of the Chairman or any other particular matters by the Committee. ance at specified meetings. member designated by the Committee.

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(b) RETURN.—A subpoena, or a request to lations shall not consider any nomination as regards staff foreign travel, the officially- an agency, for documents may be issued until 6 calendar days after it has been for- designated personal representative of the whose return shall occur at a time and place mally submitted to the Senate. member (PRM) shall be deemed to have the other than that of a scheduled Committee (b) PUBLIC CONSIDERATION.—Nominees for same rights, duties, and responsibilities as meeting. A return on such a subpoena or re- any post who are invited to appear before the members of the staff of the Committee on quest which is incomplete or accompanied by Committee shall be heard in public session, Foreign Relations. Furthermore, for the pur- an objection constitutes good cause for a unless a majority of the Committee decrees poses of this section, each Member of the hearing on shortened notice. Upon such a re- otherwise. Committee may designate one personal staff turn, the Chairman or any other member (c) REQUIRED DATA.—No nomination shall member as the ‘‘Personal Representative of designated by him may convene a hearing by be reported to the Senate unless (1) the the Member.’’ giving 2 hours notice by telephone to all nominee has been accorded a security clear- RULE 12: TRANSCRIPTS ance on the basis of a thorough investigation other members. One member shall constitute (a) GENERAL.—The Committee on Foreign a quorum for such a hearing. The sole pur- by executive branch agencies; (2) in appro- Relations shall keep verbatim transcripts of pose of such a hearing shall be to elucidate priate cases, the nominee has filed a finan- all Committee and subcommittee meetings further information about the return and to cial disclosure report and a confidential and such transcripts shall remain in the cus- rule on the objection. statement with the Committee; (3) the Com- tody of the Committee, unless a majority of (c) DEPOSITIONS.—At the direction of the mittee has been assured that the nominee the Committee decides otherwise. Tran- Committee, staff is authorized to take depo- does not have any interests which could con- scripts of public hearings by the Committee sitions from witnesses. flict with the interests of the government in shall be published unless the Chairman, with the exercise of the nominee’s proposed re- RULE 8: REPORTS the concurrence of the Ranking Member, de- sponsibilities; (4) for persons nominated to termines otherwise. (a) FILING.—When the Committee has or- be chief of mission, ambassador-at-large, or (b) CLASSIFIED OR RESTRICTED TRAN- dered a measure or recommendation re- minister, the Committee has received a com- SCRIPTS.— ported, the report thereon shall be filed in plete list of any contributions made by the (1) The Chief Clerk of the Committee shall the Senate at the earliest practicable time. nominee or members of his immediate fam- have responsibility for the maintenance and (b) SUPPLEMENTAL, MINORITY AND ADDI- ily to any Federal election campaign during security of classified or restricted tran- TIONAL VIEWS.—A member of the Committee the year of his or her nomination and for the scripts. who gives notice of his intentions to file sup- 4 preceding years; and (5) for persons nomi- (2) A record shall be maintained of each plemental, minority, or additional views at nated to be chiefs of mission, a report on the use of classified or restricted transcripts. the time of final Committee approval of a demonstrated competence of that nominee (3) Classified or restricted transcripts shall measure or matter, shall be entitled to not to perform the duties of the position to be kept in locked combination safes in the less than 3 calendar days in which to file which he or she has been nominated. Committee offices except when in active use such views, in writing, with the chief clerk RULE 11: TRAVEL by authorized persons for a period not to exceed 2 weeks. Extensions of this period may of the Committee, with the 3 days to begin (a) FOREIGN TRAVEL.—No member of the at 11:00 p.m. on the same day that the Com- be granted as necessary by the Chief Clerk. Committee on Foreign Relations or its staff They must never be left unattended and mittee has ordered a measure or matter re- shall travel abroad on Committee business ported. Such views shall then be included in shall be returned to the Chief Clerk prompt- unless specifically authorized by the Chair- ly when no longer needed. the Committee report and printed in the man, who is required by law to approve same volume, as a part thereof, and their in- (4) Except as provided in paragraph 7 vouchers and report expenditures of foreign below, transcripts classified secret or higher clusion shall be noted on the cover of the re- currencies, and the Ranking Member. Re- port. In the absences of timely notice, the may not leave the Committee offices except quests for authorization of such travel shall for the purposes of declassification. Committee report may be filed and printed state the purpose and, when completed, a full (5) Classified transcripts other than those immediately without such views. substantive and financial report shall be classified secret or higher may leave the (c) ROLLCALL VOTES.—The results of all filed with the Committee within 30 days. Committee offices in the possession of au- rollcall votes taken in any meeting of the This report shall be furnished to all members thorized person with the approval of the Committee on any measure, or amendment of the Committee and shall not be otherwise Chairman. Delivery and return shall be made thereto, shall be announced in the Com- disseminated without the express authoriza- only by authorized persons. Such transcripts mittee report. The announcement shall in- tion of the Committee. Except in extraor- may not leave Washington, DC, unless ade- clude a tabulation of the votes cast in favor dinary circumstances, staff travel shall not quate assurances for their security are made and votes cast in opposition to each such be approved unless the reporting require- to the Chairman. measure and amendment by each member of ments have been fulfilled for all prior trips. (6) Extreme care shall be exercised to avoid the Committee. Except for travel that is strictly personal, taking notes or quotes from classified tran- RULE 9: TREATIES travel funded by non-U.S. Government scripts. Their contents may not be divulged (a) The Committee is the only Committee sources is subject to the same approval and to any unauthorized person. (7) Subject to any additional restrictions of the Senate with jurisdiction to review and substantive reporting requirements as U.S. imposed by the Chairman with the concur- report to the Senate on treaties submitted Government-funded travel. In addition, rence of the Ranking Member, only the fol- by the President for senate advice and con- members and staff are reminded of Senate lowing persons are authorized to have access sent. Because the House of Representatives Rule XXXV.4 requiring a determination by to classified or restricted transcripts. has no role in the approval of treaties, the the Senate Ethics Committee in the case of (i) Members and staff of the Committee in Committee is therefore the only congres- foreign-sponsored travel. the Committee rooms; sional committee with responsibility for Any proposed travel by Committee staff (ii) Designated personal representatives of treaties. for a subcommittee purpose must be ap- members of the Committee, and of the Ma- (b) Once submitted by the President for ad- proved by the subcommittee chairman and jority and Minority Leaders, with appro- vice and consent, each treaty is referred to ranking member prior to submission of the priate security clearances, in the Commit- the Committee and remains on its calendar request to the Chairman and Ranking Mem- tee’s Capitol office; for Congress to Congress until the Com- ber of the full Committee. (iii) Senators not members of the Com- mittee takes action to report it to the Sen- When the Chairman of the Ranking Mem- mittee, by permission of the Chairman in the ate or recommended its return to the Presi- ber approve the foreign travel of a member Committee rooms; and dent, or until the Committee is discharged of of the staff of the committee not accom- (iv) Members of the executive departments the treaty by the Senate. panying a member of the Committee, all involved in the meeting, in the Committee’s (c) In accordance with Senate Rule XXX.2, members of the Committee shall be advised, Capitol office, or, with the permission of the treaties which have been reported to the prior to the commencement of such travel of Chairman, in the offices of the officials who Senate but not acted on before the end of a its extent, nature, and purpose. took part in the meeting, but in either case, Congress ‘‘shall be resumed at the com- (b) DOMESTIC TRAVEL.—All official travel only for a specified and limited period of mencement of the next Congress as if no pro- in the United States by the Committee staff time, and only after reliable assurances ceedings had previously been had thereon.’’ shall be approved in advance by the Staff Di- against further reproduction or dissemina- (d) Insofar as possible, the Committee rector, or in the case of minority staff, by tion have been given. should conduct a public hearing on each the Minority Staff Director. (8) Any restrictions imposed upon access to treaty as soon as possible after its submis- (c) PERSONAL STAFF.—As a general rule, no a meeting of the Committee shall also apply sion by the President. Except in extraor- more than one member of the personal staff to the transcript of such meeting, except by special permission of the Chairman and no- dinary circumstances, treaties reported to of a member of the Committee may travel tice to the other members of the Committee. the Senate shall be accompanied by a writ- with that member with the approval of the Each transcript of a closed session of the ten report. Chairman and the Ranking Member of the Committee. During such travel, the personal Committee shall include on its cover a de- RULE 10: NOMINATIONS staff member shall be considered to be an scription of the restrictions imposed upon (a) WAITING REQUIREMENT.—Unless other- employee of that Committee. access, as well as any applicable restrictions wise directed by the Chairman and the Rank- (d) PERSONAL REPRESENTATIVES OF THE upon photocopying, note-taking or other dis- ing Member, the Committee on Foreign Re- MEMBER (PRM).—For the purposes of Rule 11 semination.

VerDate Mar 15 2010 22:09 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 0637 Sfmt 0634 E:\2003SENATE\S30JA3.REC S30JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1804 CONGRESSIONAL RECORD — SENATE January 30, 2003 (9) In addition to restrictions resulting (f) The Staff Director is authorized to the Ranking Member, as appropriate. In any from the inclusion of any classified informa- make such administrative regulations as event, such public statements should avoid tion in the transcript of a Committee meet- may be necessary to carry out the provisions the expression of personal views and should ing, members and staff shall not discuss with of these regulations. not contain predictions of future, or inter- anyone the proceedings of the Committee in RULE 14: STAFF pretations of past, Committee action; and closed session or reveal information con- (iii) staff shall not discuss their private (a) RESPONSIBILITIES.— veyed or discussed in such a session unless (1) The staff works for the Committee as a conversations with members of the Com- that person would have been permitted to at- whole, under the general supervision of the mittee without specific advance permission tend the session itself, or unless such com- Chairman of the Committee, and the imme- from the Senator or Senators concerned. munication is specifically authorized by the diate direction of the Staff Director; pro- (2) The staff shall not discuss with anyone Chairman, the Ranking Member, or in the vided, however, that such part of the staff as the proceedings of the Committee in closed case of staff, by the Staff Director or Minor- is designed minority Staff, shall be under the session or reveal information conveyed or ity Staff Director. A record shall be kept of general supervision of the Ranking Member discussed in such a session unless that per- all such authorizations. and under the immediate direction of the Mi- son would have been permitted to attend the (c) Declassification.— nority Staff Director. session itself, or unless such communication (1) All restricted transcripts and classified (2) Any member of the Committee should is specifically authorized by the Staff Direc- Committee reports shall be declassified on a feel free to call upon the staff at any time tor or Minority Staff Director. Unauthorized date twelve years after their origination un- for assistance in connection with Committee disclosure of information from a closed ses- less the Committee by majority vote decides business. Members of the Senate not mem- sion or of classified information shall be against such declassification, and provided bers of the Committee who call upon the cause for immediate dismissal and may, in that the executive departments involved and staff for assistance from time to time should the case of some kinds of information, be all former Committee members who partici- be given assistance subject to the overriding grounds for criminal prosecution. pated directly in the sessions or reports con- responsibility of the staff to the Committee. RULE 15: STATUS AND AMENDMENT OF RULES cerned have been consulted in advance and (3) The staff’s primary responsibility is (a) STATUS.—In addition to the foregoing, given a reasonable opportunity to raise ob- with respect to bills, resolutions, treaties, the Committee on Foreign Relations is gov- jections to such declassification. and nominations. (2) Any transcript or classified Committee erned by the Standing Rules of the Senate In addition to carrying out assignments which shall take precedence in the event of report, or any portion thereof, may be de- from the Committee and its individual mem- classified fewer than twelve years after their a clear inconsistency. In addition, the juris- bers, the staff has a responsibility to origi- diction and responsibilities of the Com- origination if: nate suggestions for committee or sub- (i) the Chairman originates such action or mittee with respect to certain matters, as committee consideration. The staff also has receives a written request for such action, well as the timing and procedure for their a responsibility to make suggestions to indi- and notifies the other members of the Com- consideration in Committee, may be gov- vidual members regarding matters of special mittee; erned by statute. interest to such members. (ii) the Chairman, Ranking Member, and (b) AMENDMENT.—These Rules may be (4) It is part of the staff’s duty to keep each member or former member who partici- modified, amended, or repealed by a major- itself as well informed as possible in regard pated directly in such meeting or report give ity of the Committee, provided that a notice to developments affecting foreign relations their approval, except that the Committee in writing of the proposed change has been and in regard to the administration of for- by majority vote may overrule any objec- given to each member at least 48 hours prior eign programs of the United States. Signifi- tions thereby raised to early declassifica- to the meeting at which action thereon is to cant trends or developments which might tion; and be taken. However, Rules of the Committee otherwise escape notice should be called to (iii) the executive departments and all which are based upon Senate Rules may not the attention of the Committee, or of indi- former Committee members are consulted in be superseded by Committee vote alone. vidual Senators with particular interests. advance and have a reasonable opportunity (5) The staff shall pay due regard to the f to object to early declassification. constitutional separation of powers between RULES OF THE SPECIAL RULE 13: CLASSIFIED MATERIAL the Senate and the executive branch. It COMMITTEE ON AGING (a) All classified material received or origi- therefore has a responsibility to help the nated by the Committee shall be logged in at Committee bring to bear an independent, ob- Mr. CRAIG. Mr. President, in accord- the Committee’s offices in the Dirksen Sen- jective judgment of proposals by the execu- ance with rule XXVI, paragraph 2, of ate Office Building, and except for material tive branch and when appropriate to origi- the Standing Rules of the Senate, I ask classified as ‘‘Top Secret’’ shall be filed in nate sound proposals of its own. At the same unanimous consent to have printed in the Dirksen Senate Building offices for Com- time, the staff shall avoid impinging upon the RECORD the Rules of the Special mittee use and safekeeping. the day-to-day conduct of foreign affairs. (b) Each such piece of classified material (6) In those instances when Committee ac- Committee on Aging. received or originated shall be card indexed tion requires the expression of minority There being no objection, the mate- and serially numbered, and where requiring views, the staff shall assist the minority as rial was ordered to be printed in the onward distribution shall be distributed by fully as the majority to the end that all RECORD, as follows: means of an attached indexed form approved points of view may be fully considered by RULES OF THE SPECIAL COMMITTEE ON by the Chairman. If such material is to be members of the Committee and of the Sen- AGING distributed outside the Committee offices, it ate. The staff shall bear in mind that under Rules of Procedure shall, in addition to the attached form, be our constitutional system it is the responsi- accompanied also by an approved signature bility of the elected Members of the Senate I. CONVENING OF MEETINGS AND HEARINGS sheet to show onward receipt. to determine legislative issues in the light of 1. Meetings. The Committee shall meet to (c) Distribution of classified material as full and fair a presentation of the facts as conduct Committee business at the call of among offices shall be by Committee mem- the staff may be able to obtain. the Chairman. bers of authorized staff only. All classified (b) RESTRICTIONS.— 2. Special Meetings. The Members of the material sent to members’ offices, and that (1) The staff shall regard its relationship to Committee may call additional meetings as distributed within the working offices of the the Committee as a privileged one, in the na- provided in Senate Rule XXVI (3). committee, shall be returned to the offices ture of the relationship of a lawyer to a cli- 3. Notice and Agenda: designated by the Chief Clerk. No classified ent. In order to protect this relationship and a. Hearings. The Committee shall make material is to be removed from the offices of the mutual confidence which must prevail if public announcement of the date, place, and the members or of the Committee without the Committee-staff relationship is to be a subject matter of any hearing at least one permission of the Chairman. Such classified satisfactory and fruitful one, the following week before its commencement. material will be afforded safe handling and criteria shall apply: (b) Meetings. The Chairman shall give the safe storage at all times. (i) members of the staff shall not be identi- Members written notice of any Committee (d) Material classified ‘‘Top Secret,’’ after fied with any special interest group in the meeting, accompanied by an agenda enumer- being indexed and numbered shall be sent to field of foreign relations or allow their ating the items of business to be considered, the Committee’s Capitol office for use by the names to be used by any such group; at least 5 days in advance of such meeting. members and authorized staff in that office (ii) members of the staff shall not accept (c) Shortened Notice. A hearing or meeting only or in such other secure Committee of- public speaking engagements or write for may be called on not less than 24 hours no- fices as may be authorized by the Chairman publication in the field of foreign relations tice if the Chairman, with the concurrence of or staff Director. without specific advance permission from the Ranking Minority member, determines (e) In general, members and staff under- the Staff Director, or, in the case of minor- that there is good cause to begin the hearing take to confine their access to classified in- ity staff, from the Minority Staff Director. or meeting on shortened notice. An agenda formation on the basis of a ‘‘need to know’’ In the case of the Staff Director and the Mi- will be furnished prior to such a meeting. such information related to their Committee nority Staff Director, such advance permis- 4. Presiding Officer. The Chairman shall responsibilities. sion shall be obtained from the Chairman or preside when present. If the Chairman is not

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present at any meeting or hearing, the IV. INVESTIGATIONS errors, and obvious errors of fact, the Chair- Ranking Majority member present shall pre- 1. Authorization for Investigations. Al in- man or a staff officer designated by him side. Any Member of the Committee may vestigations shall be conducted on a bipar- shall rule on such request. preside over the conduct of a hearing. tisan basis by Committee staff. Investiga- 6. Impugned Persons. Any person who be- II. CLOSED SESSIONS AND CONFIDENTIAL tions may be initiated by the Committee lieves that evidence presented, or comment MATERIALS staff upon the approval of the Chairman and made by a Member or staff, at a public hear- 1. Procedure. All meetings and hearing the Ranking Minority Member. Staff shall ing or at a closed hearing concerning which shall be open to the public unless closed. To keep the Committee fully informed of the there have been public reports, tends to im- close a meeting or hearing or portion there- progress of continuing investigations, except pugn his character or adversely affect his of, a motion shall be made and seconded to where the Chairman and the Ranking Minor- reputation may: go into closed discussion of whether the ity Member agree that there exists tem- (a) file a sworn statement of facts relevant meeting or hearing will concern the matters porary cause for more limited knowledge. to the evidence or comment, which shall be enumerated in Rule II.3. Immediately after 2. Subpoenas. Subpoenas for the attend- placed in the hearing record; such discussion, the meeting or hearing may ance of witnesses or the production of memo- (b) request the opportunity to appear per- be closed by a vote in open session of a ma- randa, documents, records, or any other ma- sonally before the Committee to testify in jority of the Members of the Committee terials shall be issued by the Chairman, or his own behalf; and present. by any other Member of the Committee des- (c) submit questions in writing which he 2. Witness Request. Any witness called for ignated by him. Prior to the issuance of each requests be used for the cross-examination of a hearing may submit a written request to subpoena, the Ranking Minority Member, other-witnesses called by the Committee. the Chairman no later than twenty-four and any other Member so requesting, shall The Chairman shall inform the committee of hours in advance for his examination to be in be notified regarding the identity of the per- such requests for appearance or cross-exam- closed or open session. The Chairman shall son to whom the subpoena will be issued and ination. If the committee so decides; the re- inform the Committee of any such request. the nature of the information sought, and its quested questions, or paraphrased versions 3. Closed Session Subjects. A meeting or relationship to the investigation. or portions of them, shall be put to the other hearing or portion thereof maybe closed if 3. Investigative Reports. All reports con- witness by a Member or by staff. the matters to be discussed concern: (1) na- taining findings or recommendations stem- 7. Minority Witnesses. Whenever any hear- tional security; (2) Committee staff per- ming from Committee investigations shall ing is conducted by the Committee, the mi- sonnel or internal staff management or pro- be printed only with the approval of a major- nority on the Committee shall be entitled, cedure; (3) matters tending to reflect ad- ity of the Members of the Committee. upon request made by a majority of the mi- versely on the character or reputation or to nority Members to the Chairman, to call wit- V. HEARINGS invade the privacy of the individuals; (4) nesses selected by the minority to testify or Committee investigations; (5) other matters 1. Notice. Witnesses called before the Com- produce documents with respect to the meas- enumerated in Senate Rule XXVI (5)(b). mittee shall be given, absent extraordinary ure or matter under consideration during at 4. Confidential Matter. No record made of a circumstances, at least forty-eight hours no- least one day of the hearing. Such request closed session, or material declared confiden- tice, and all witnesses called shall be fur- must be made before the completion of the tial by a majority of the Committee, or re- nished with a copy of these rules upon re- hearing or, if subpoenas are required to call port of the proceedings of a closed session, quest. the minority witnesses, no later than three shall be made public, in whole or in part or 2. Oath. All witnesses who testify to mat- days before the completion of the hearing. by way of summary, unless specifically au- ters of fact shall be sworn unless the Com- 8. Conduct of Witnesses, Counsel and Mem- thorized by the Chairman and Ranking Mi- mittee waives the oath. The Chairman, or bers of the Audience. If, during public or ex- nority Member. any member, may request and administer ecutive sessions, a witness, his counsel, or 5. Broadcasting: the oath. any spectator conducts himself in such a 3. Statement. Witnesses are required to (a) Control. Any meeting or hearing open manner as to prevent, impede, disrupt, ob- make an introductory statement and shall to the public may be covered by television, struct, or interfere with the orderly adminis- file 150 copies of such statement with the radio, or still photography. Such coverage tration of such hearing the Chairman or pre- Chairman or clerk of the Committee at least must be conducted in an orderly and unob- siding Member of the Committee present 72 hours in advance of their appearance, un- trusive manner, and the Chairman may for during such hearing may request the Ser- less the Chairman and Ranking Minority good cause terminate such coverage in whole geant at Arms of the Senate, his representa- Member determine that there is good cause or in part, or take such other action to con- tive or any law enforcement official to eject for a witness’s failure to do so. A witness trol it as the circumstances may warrant. said person from the hearing room. (b) Request. A witness may request of the shall be allowed no more than ten minutes to Chairman, on grounds of distraction, harass- orally summarize their prepared statement. VI. DEPOSITIONS AND COMMISSIONS ment, personal safety, or physical discom- 4. Counsel: 1. Notice. Notices for the taking of deposi- fort, that during his testimony cameras, (a) A witness’s counsel shall be permitted tions in an investigation authorized by the media microphones, and lights shall not be to be present during his testimony at any Committee shall be authorized and issued by directed at him. public or closed hearing or depositions or the Chairman or by a staff officer designated III. QUORUMS AND VOTING staff interview to advise such witness of his by him. Such notices shall specify a time and 1. Reporting. A majority shall constitute a rights, provided, however, that in the case of place for examination, and the name of the quorum for reporting a resolution, rec- any witness who is an officer or employee of staff officer or officers who will take the dep- ommendation or report to the Senate. the government, or of a corporation or asso- osition. Unless otherwise specified, the depo- 2. Committee Business. A third shall con- ciation, the Chairman may rule that rep- sition shall be in private. The Committee stitute a quorum for the conduct of Com- resentation by counsel from the government, shall not initiate procedures leading to mittee business, other than a final vote on corporation, or association creates a conflict criminal or civil enforcement proceedings for reporting, providing a minority Member is of interest, and that the witness shall be rep- a witness’s failure to appear unless the depo- present. One Member shall constitute a resented by personal counsel not from the sition notice was accompanied by a Com- quorum for the receipt of evidence, the government, corporation, or association. mittee subpoena. swearing of witnesses, and the taking of tes- (b) A witness is unable for economic rea- 2. Counsel. Witnesses may be accompanied timony at hearings. sons to obtain counsel may inform the Com- at a deposition by counsel to advise them of 3. Polling: mittee at least 48 hours prior to the their rights, subject to the provisions of Rule (a) Subjects. The Committee may poll (1) witness’s appearance, and it will endeavor to V.4. internal Committee matters including those obtain volunteer counsel for the witness. 3. Procedure. Witnesses shall be examined concerning the Committee’s staff, records, Such counsel shall be subject solely to the upon oath administered by an individual au- and budget; (2) other Committee business control of the witness and not the Com- thorized by local law to administer oaths. which has been designated for polling at a mittee Failure to obtain counsel will not ex- Questions shall be propounded orally by meeting. cuse the witness from appearing and testi- Committee staff. Objections by the witnesses (b) Procedure. The Chairman shall cir- fying. as to the form of questions shall be noted by culate polling sheets to each Member speci- 5. Transcript. An accurate electronic or the record. If a witness objects to a question fying the matter being polled and the time stenographic record shall be kept of the tes- and refuses to testify on the basis of rel- limit for completion of the poll. If any Mem- timony of all witnesses in executive and pub- evance or privilege, the Committee staff may ber so requests in advance of the meeting, lic hearings. Any witness shall be afforded, proceed with the deposition, or may at that the matter shall be held for meeting rather upon request, the right to review that por- time or at a subsequent time, seek a ruling than being polled. The clerk shall keep a tion of such record, and for this purpose, a by telephone or otherwise on the objection record of polls, if the Chairman determines copy of a witness’s testimony in public or from a Member of the Committee. If the that the polled matter is one of the areas closed session shall be provided to the wit- Member overrules the objection, he may enumerated in Rule II.3, the record of the ness. Upon inspecting his transcript, within refer the matter to the Committee or he may poll shall be confidential. Any Member may a time limit set by the committee clerk, a order and direct the witness to answer the move at the Committee meeting followed a witness may request changes in testimony to question, but the Committee shall not ini- poll for a vote on the polled decision. correct errors of transcription, grammatical tiate the procedures leading to civil or

VerDate Mar 15 2010 22:09 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 0637 Sfmt 0634 E:\2003SENATE\S30JA3.REC S30JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1806 CONGRESSIONAL RECORD — SENATE January 30, 2003 criminal enforcement unless the witness re- Eades Douglas. Mrs. Douglas, 81, was a Chris was drawn toward community fuses to testify after he has been ordered and Cheyenne and Pawnee and enrolled and public service. Chris was also directed to answer by a Member of the Com- member of the Cheyenne and Arapaho known to protect kids at school from mittee. 4. Filing. The Committee staff shall see Tribes of Oklahoma. Her great-grand- the local bullies. He helped people less that the testimony is transcribed or elec- father was Bull Bear, who was a Chey- fortunate than himself by shoveling tronically recorded. If it is transcribed, the enne peace chief, leader of the Dog Men snow for the elderly without pay, col- witness shall be furnished with a copy for re- Society, and the first signatory to the lecting food and clothing for the home- view. No later than five days thereafter, the Medicine Lodge Creek Treaty of 1867. less in Decatur on his own, and helping witness shall return a signed copy, and the Her grandfather, Thunderbird—Richard to deliver meals on wheels for those staff shall enter the changes, if any, re- Davis—and artist and writer, is cred- confined to home. He would always find quested by the witness in accordance with Rule V.6. If the witness fails to return a ited with preserving valuable ceremo- ways to help others, and to find homes signed copy, the staff shall note on the tran- nial information at a time when the for abandoned animals through work- script the date a copy was provided and the Sun Dance and other Cheyenne cere- ing at his grandparents’ animal shel- failure to return it. The individual admin- monies were outlawed. ter. Looking to the future, he aspired istering the oath shall certify on the tran- Born in Pawnee, Oklahoma, on July to be in our Nation’s Special Forces or script that the witness was duly sworn in his 2, 1921, to Richenda Aspenall Davis to serve in the FBI. presence, the transcriber shall certify that Eades and Joseph Cleveland Eades, Sr., I also want to give special recogni- the transcript is a true record to the testi- she was raised in El Reno, Oklahoma, tion to Chris’s family who are still mony, and the transcript shall then be filed with the Committee clerk. Committee staff graduated from Chilocco Indian School mourning his tragic loss. His father may stipulate with the witness to changes in in 1940, and earned an associate degree and mother, Art and Melissa Canning, this procedure; deviations from the proce- in business from Haskell Institute in his brother and sister, Robert and Eliz- dure which do not substantially impair the Lawrence, KS, Class of 1943. abeth, and finally his grandparents reliability of the record shall not relieve the Homemaker and Eastern Star, she Marla and Joe Powers. witness from his obligation to testify truth- was a Quilting Society member and an In short, Christopher J. Canning was fully. 5. Commissions. The Committee may au- active volunteer worker for the Demo- a caring young man, a good citizen, an thorize the staff, by issuance of commis- cratic Party. As an Army wife, she asset in his academic environment, and sions, to fill in prepared subpoenas, conduct traveled extensively and lived in Oahu, a nationally acclaimed athlete. Trag- field hearings, inspect locations, facilities, Hawaii, and Naples, Italy, before set- ically, Chris’s life was cut short. or systems of records, or otherwise act on be- tling into her longtime home in San The memory of Chris Canning lives half of the Committee. Commissions shall be Antonio, Texas. on, and today I pay tribute to a young accompanied by instructions from the Com- She passed away in San Antonio on man who had so much promise as an mittee regulating their use. January 21, from pneumonia and com- athlete, student, martial artist, com- VII. SUBCOMMITTEES plications of diabetes and Alzheimer’s munity servant, and son. His example 1. Establishment. The Committee will op- disease, and was buried on January 25 will always be an inspiration to those erate as a Committee of the Whole, reserving ∑ to itself the right to establish temporary at the Cheyenne Arapaho Cemetery in who follow in his footsteps. subcommittees at any time by majority Concho, Oklahoma. f She is survived by her husband of vote. The Chairman of the full Committee HONORING PATRICK GROSS and the Ranking Minority Member shall be nearly 59 years, Freeland Edward ex officio Members of all subcommittees. Douglas, Hodulgee Muscogee; their ∑ Mr. JOHNSON. Mr. President, I rise 2. Jurisdiction. Within its jurisdiction as daughter Suzan Shown Harjo and son today to honor the career of Patrick described in the Standing Rules of the Sen- Dennis Gene Douglas; and a host of Gross, a dedicated public servant and ate, each subcommittee is authorized to con- grandchildren and greatgrandchildren. an outstanding former member of my duct investigations, including use of sub- staff. He will be ending his career as poenas, depositions, and commissions. Her daughter says Mrs. Douglas was 3. Rules. A subcommittee shall be governed her inspiration for work on the Amer- the community development program by the Committee rules, except that its ican Indian Religious Freedom Act and director for USDA rural development quorum for all business shall be one-third of sacred lands protection and repatri- in South Dakota. As USDA’s rural de- the subcommittee Membership, and for hear- ation laws.∑ velopment community development ings shall be one Member. f program director, Pat has been a model VIII. REPORTS for other dedicated and talented South Committee reports incorporating Com- IN MEMORY OF CHRISTOPHER Dakotans to emulate and an invaluable mittee findings and recommendations shall JAMES CANNING asset to everyone who had the honor of be printed only with the approval of the ∑ Mr. DURBIN. Mr. President, I rise Committee, after an adequate period for re- working with him. view and comment. The printing, as Com- today to pay tribute to Christopher J. As an original member of my staff, mittee documents, of materials prepared by Canning, who died June 30, 2001, at the during my first term in the House of staff for informational purposes, or the young age of 15. Representatives, Pat played an essen- printing of materials not originating with Chris was from Maroa, IL, and ex- tial role in the development and cre- the Committee or staff, shall require prior celled as an athlete in sports such as ation of my congressional offices in consultation with the minority staff; these football, basketball, and baseball. South Dakota. As my first State direc- publications shall have the following lan- Chris also excelled in the martial arts, tor, Pat laid the groundwork for future guage printed on the cover of the document: ‘‘Note: This document has been printed for where he was a multi-state and na- members of my State staff to follow. A informational purposes. It does not represent tional champion, an ‘‘AAU All Amer- leader in State economic and rural de- either findings or recommendations formally ican,’’ and a member of the U.S. Elite velopment, both constituents and staff adopted by the Committee.’’ team at the Olympic training center. members often turned to Pat for his IX. AMENDMENT OF RULES Chris and his legacy as a martial artist leadership and wealth of knowledge. The rules of the Committee may be amend- will live on through the United States An avid outdoorsman and advocate ed or revised at any time, provided that not National AAU Taekwondo Chris Can- for rural development, Pat was well less than a majority of the Committee ning Award of Excellence, established prepared for a position as my State present so determine at a Committee meet- in July 2002. This award is given to one economic development director. Pat’s ing preceded by at least 3 days notice of the athlete out of 14,000 at the U.S. Na- work on natural resource initiatives, amendments or revisions proposed. tional Championships. land management concerns, and eco- f Chris was also an honor student who nomic development projects, benefited ADDITIONAL STATEMENTS appreciated reading, math and music. countless South Dakotans. I could not Chris enjoyed playing classical piano, have asked for a more reliable and and also played the drums for his dedicated individuals to head the direc- IN RECOGNITION OF SUSIE school. Chris liked to read books out- tion of my State offices. ROZETTA EADES DOUGLAS side of what was required for school. He As community development program ∑ Mr. CAMPBELL. Mr. President, I liked to be challenged in many dif- director, Pat oversaw special initia- rise today to honor Susie Rozetta ferent subject areas. tives including the Oglala Sioux Tribe

VerDate Mar 15 2010 22:09 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 0637 Sfmt 0634 E:\2003SENATE\S30JA3.REC S30JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 30, 2003 CONGRESSIONAL RECORD — SENATE S1807 Empowerment Zone, Beadle and Spink the ODA also worked closely with me Competition isn’t about perfection. Enterprise Community, four Champion and my office in ensuring that the 2002 It’s about perseverance. I’m reminded Communities, and public information farm bill was a hand up to the vast of the words of Michael Jordan, who activities for USDA rural development. array of Oregon farm producers strug- said, ‘‘I have missed more than 9,000 He served on the senior management gling through drought, low commodity shots in my career. I have lost almost team for USDA rural development in prices, and increasing regulatory obli- 300 games. On 26 occasions I have been South Dakota and is the recipient of gations. entrusted to take the game winning the 1999 USDA Road Warrior Award. He One of the things I admire most shot . . . and I missed. I have failed served as chairman of the South Da- about Phil Ward is that his service to over and over and over again in my kota Rural Development Council and Oregon always rose above partisan pol- life. And that’s precisely why I suc- also served USDA on several national itics and he stood tall for Oregon’s ceed.’’ So even if, if, the team should committees. Pat led the process for a 5- farmers and ranchers when they needed lose someday, the real measure of their year strategic plan for rural develop- him on their side. On behalf of myself character will be how they bounce ment in South Dakota, which included and Oregon’s agricultural community, back, what they learn, how they be- strategic planning processes for eight I thank Phil Ward for his dedicated come an even better team because of it. American Indian tribes. He shared re- service to Oregon, for his years of So much of the credit for this team’s sponsibilities in the Federal/private counsel to me, and to wish him all the success goes to coach Geno Auriemma, collaboration that planned and devel- best in his future pursuits.∑ who has built the best program in the oped the SuAnne Big Crow Youth f nation during his 18 years in Storrs. Wellness Project on the Pine Ridge In- TRIBUTE TO UCONN HUSKIES Assistant Coach Chris Dailey has also dian Reservation in South Dakota. WOMEN’S BASKETBALL RECORD- played a pivotal part in the remarkable Pat will be greatly missed at the BREAKING STREAK run. The Huskies have won three na- USDA rural development in South Da- tional championships over the last ∑ Mr. LIEBERMAN. Mr. President, it’s kota, and I wish Pat, his wife Donna, seven years. They have made 14 my pleasure to rise in tribute to the and their family all the best in the straight NCAA tournament appear- University of Connecticut Huskies days to come. They are good friends, ances and won a combined 23 Big East women’s basketball team, which on and I look forward to spending time regular and tournament champion- Saturday, January 18, made Division I with them in the future. It is an honor ships. Over the last three years, history by winning their 55th consecu- for me to share Pat’s accomplishments they’ve amassed an astounding 123–4 tive game. In doing so, they surpassed with my colleagues and to publicly record. the 54-game streak set by Louisiana commend his outstanding services to I wish them luck in the weeks and Tech between 1980 and 1982 and de- my office and the people of South Da- months to come as they seek to extend ∑ lighted fans all across my state. kota. Fifty-five straight wins would be an the streak further. This has been a f incredible accomplishment in any month of history in women’s college basketball. Tennessee coach Pat Sum- A SALUTE TO PHIL WARD sport at any time. But it’s especially impressive in women’s college basket- mit just won her 800th game, and the ∑ Mr. SMITH. Mr. President, I rise on ball today, because this is an era of Huskies won their 55th straight vic- the floor today to express my deep ap- true parity in the sport. There are so tory. It’s a golden time for the sport, preciation for Phil Ward’s service as di- ∑ many strong teams able to compete and for all the fans who love it. rector of the Oregon Department of Ag- with and, on any given night, beat a f riculture. As a Senator and as someone great team like the Huskies. But the who has made his living from the land, RECOGNIZING DR. JAMES MONT- Huskies keep on working, and they GOMERY OF ROSWELL, NM, AND I can say that Phil’s time as director keep on winning. At home and on the demonstrated a clear understanding THE NATIONAL WILDLIFE REF- road, in blowouts and in squeakers. UGE SYSTEM not only of the land, but also the peo- Sometimes they win with defense. ∑ Mr. DOMENICI. Mr. President, I rise ple who rely on it for their livelihood. Sometimes with 3-point shooting. By trade, Phil Ward is both a farmer before you today not only to recognize Sometimes with pure hustle. But they and a teacher. Both professions require the dedication and hard work of a fel- always find a way. a great deal of patience and perspec- It’s no wonder the Huskies have an low New Mexican, but to celebrate a tive, and Phil has admirably displayed admirer in legendary UCLA coach John century of conservation by the Na- these virtues as ODA director. Pro- Wooden, whose UCLA men’s basketball tional Wildlife Refuge System. ducers respect Phil because of the time teams in the early 70s set an all-time On February 1 of this year, the man he has personally spent with them and Division I record with 88 straight wins. I honor today, Dr. James Montgomery his constant call for balance in natural Coach Wooden said of what the Huskies of Roswell, NM, will receive the 2003 resources policy. have accomplished, ‘‘It’s a tremendous Refuge Volunteer of the Year award of- Since he was appointed by the Gov- feat in any era. I think they play the fered by the National Wildlife Refuge ernor in 1999, Phil guided the depart- pure game, more so than the men. The Association. This award is given to an ment as it dealt with a growing num- best college basketball in my opinion individual who displays outstanding ber of challenges facing Oregon agri- is played by the better women’s dedication to the preservation and ad- culture. The collapse of the Asian mar- teams.’’ vancement of the national refuge sys- ket and implementation of S. 1010 are Of course, last year the very best tem and its endeavors to protect the two prime examples. Phil was also a re- team in the nation was UConn, which beauty of the American landscape. gional leader, serving as president of racked up a perfect 39–0 season en Dr. Montgomery has spent the last 15 the Western Association of State De- route to the national championship. years and given more than 10,000 hours partments of Agriculture, played a The players on that team, led by All- of service protecting and improving the prominent role in the National Asso- American seniors Sue Bird, Tamika Bitter Lake National Wildlife Refuge ciation of State Departments of Agri- Williams, Swin Cash and Asjha Jones in Roswell. He has done this for no culture, and was extensively involved built the bulk of this record streak. compensation, motivated only by his in trilateral accord discussions with And this season, a team led by All- concern and appreciation of the refuge. Canada and Mexico on agricultural American junior Diana Taurasi and During his work, Dr. Montgomery issues. many terrific young players is in the played an integral role in many impor- Phil Ward has also been a great advo- hunt for the championship again. tant projects, including: spearheading cate for Oregon agriculture in dealing There will be many tough games to efforts to maintain and establish spe- with the Federal Government. His play. Just this Monday, January 20, cies on the refuge; providing support to agency successfully took over responsi- they matched up against Notre Dame community outreach and events serv- bility from the Environmental Protec- and extended the streak to 56. And on ice; and assisting refuge staff in their tion Agency for implementing water February 1st, they will play Duke, now budget process. Dr. Montgomery also quality standards for CAFOs. Phil and ranked first in the country. holds the position of treasurer for the

VerDate Mar 15 2010 22:09 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 0637 Sfmt 0634 E:\2003SENATE\S30JA3.REC S30JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1808 CONGRESSIONAL RECORD — SENATE January 30, 2003 Friends of Bitter Lake nonprofit orga- for embodying the great spirit of char- Cambodians can thank Prime Min- nization. Clearly his work on behalf of ity and volunteerism that America ister Hun Sen for chasing away foreign the refuge sustains the accessibility cherishes.∑ investors and tourists. This recent cha- and natural beauty of one of New Mexi- f rade only underscores that he and the co’s treasures. CPP are part of Cambodia’s problems, PRIME MINISTER HUN SEN TO Bitter Lake is one of the 540 sites and not part of the solution.∑ BLAME FOR RIOTS comprising the National Wildlife Ref- f uge System and one of seven in New ∑ Mr. McCONNELL. Mr. President, the Mexico, Bitter Lake, Bosque del Cambodia charade continues. MESSAGES FROM THE PRESIDENT Apache, Grulla, Las Vegas, Maxwell, Recent riots in that Southeast Asian country—reportedly sparked by un- San Andres, and Sevillita. On these 540 PERIODIC REPORT ON THE NA- refuges, 30,000 hard-working men and founded rumors of Thai slights against Khmer culture and history—caused ex- TIONAL EMERGENCY WITH RE- women annually donate more than 1 SPECT TO IRAQ—PM 4 million hours of their time to protect, tensive damage to Thai-owned busi- maintain, and improve our Nation’s en- nesses and property in Phnom Penh The PRESIDING OFFICER laid be- vironmental resources. Given the im- and the storming, looting, and destruc- fore the Senate the following message pressive number of individuals worthy tion of the Thai Embassy. The failure from the President of the United of praise, it gives me great pride as a of the Cambodian Government to de- States, together with an accompanying New Mexican that Dr. James Mont- fend Thai diplomats and the embassy report; which was referred to the Com- gomery has been chosen for this honor. compound from rioters is unacceptable, mittee on Banking, Housing, and President Bush, in his State of the particularly in the post September 11 Urban Affairs: security environment. Further, the ex- Union Address, spoke of building a To the Congress of the United States: more compassionate America; an ploitation of the rumor by Prime Min- ister Hun Sen is as reckless as it is ir- As required by section 401(c) of the America energized by individuals such National Emergencies Act, 50 U.S.C. as Dr. Montgomery who dedicate great responsible. In the aftermath of these riots, I 1641(c), and section 204(c) of the Inter- portions of their lives to the generous have heard credible reports that demo- national Emergency Economic Powers spirit that has made this country cratic opposition and human rights ac- Act, 50 U.S.C. 1703(c), I am providing a great. Whether that spirit be embodied tivists are being targeted for intimida- 6-month periodic report prepared by by volunteers who assist those in need, tion and arrest. Given his tendency to- my Administration on the national or by those who work to ensure that ward paranoia and violence, I do not emergency with respect to Iraq that our natural wonders are preserved, all doubt for an instant that these riots was declared in Executive Order 12722 are necessary and vital to our exist- were staged by Hun Sen as, among of August 2, 1990. ence as Americans. other things, a pretext to crackdown GEORGE W. BUSH, Furthermore, it wouldn’t do to dis- on the democratic opposition in the THE WHITE HOUSE, January 29, 2003. cuss Dr. Montgomery without men- run up to the July parliamentary elec- f tioning the program for which he has tions. REPORT ON THE INTENT TO tirelessly worked. This March we cele- Over the next few days, it is impera- ENTER INTO A FREE TRADE brate a milestone in American wildlife tive that the international community AGREEMENT (FTA) WITH THE conservation: the 100th Anniversary of not be duped by Hun Sen and the Cam- GOVERNMENT OF SINGAPORE— the National Wildlife Refuge System. bodian Government into laying blame PM 5 This momentous occasion is worthy of for the riots on the democratic opposi- recognition because over the past cen- tion. It is time to help the Royal Gov- The PRESIDING OFFICER laid be- tury, normal citizens, along with the ernment of Thailand to hold Hun Sen fore the Senate the following message refuge system, have been at the fore- and the Cambodian government ac- from the President of the United front in protecting the unique beauty countable for the destruction of prop- States, together with an accompanying of the American landscape. erty, the violation of democratic prin- report; which was referred to the Com- The National Wildlife Refuge System ciples, and the damage to relations mittee on Finance: protects a wide range of wildlife and with its western neighbor. To the Congress of the United States: landscapes throughout the country. In The Cambodian authorities allowed particular, the refuges in the South- the situation outside the Thai Embassy In accordance with sections 2103(a)(1) west are necessary to secure the well to escalate out of control. Riot and and 2105(a)(1) of the Trade Act of 2002 being and survival of migratory birds, military police did nothing to main- (the ‘‘Trade Act’’), I am pleased to no- including the bald eagle, which make tain law and order until after extensive tify the Congress of my intent to enter the area their home during the fall and damage had been done throughout the into a Free Trade Agreement (FTA) winter months. The system con- capital. It is a simple and tragic fact with the Government of Singapore. centrates also on scientific endeavors that the Cambodian Government per- The Agreement we have negotiated that span such fields as habitat alter- mitted this attack to take place. Their promotes our commitment to secure a ation and biodiversity research. These inaction during the riots stands in level playing field and open new oppor- efforts coincide with maintaining stark contrast to the brutal treatment tunities for America’s workers, farm- places of unspoiled natural beauty that illegal logging protesters received at ers, businesses, and consumers in glob- can be enjoyed by all Americans. the hands of the police a few short al trade. The United States is a party New Mexico is privileged to have weeks ago. to only three out of more than 200 ex- some of the most beautiful natural The riots must serve as a wake-up isting FTAs, leaving Americans at a wonders within this great Nation. call to complacent diplomats in Phnom competitive disadvantage in many Wildlife refuges such as Bitter Lake in Penh. As there is no law and order in markets. With the enactment of Trade Roswell and Bosque del Apache in Cambodia, your embassy could be next. Promotion Authority; the completion Socorro are perfect examples of the 100 I have not forgotten that in the mid- of this Agreement; ongoing global, re- years of success by the refuge system 1990s Hun Sen threatened that Cam- gional, and bilateral trade negotia- in ensuring the treasures of our envi- bodians might ‘‘storm’’ the American tions; and the continued support of the ronment are preserved and enjoyed for and French embassies; unfortunately Congress, the United States is re- generations. Of course, the success his warnings came true for Thailand. asserting leadership in world trade. would not be as great without the hard With parliamentary elections sched- United States leadership in pro- work, passion, and sacrifice of those uled for July, diplomats in Cambodia moting trade liberalization advances dedicated volunteers like Dr. James ought to be scrambling to protect and our national interests. Free trade pro- Montgomery. defend the rights of the democratic op- motes our values by encouraging open- To that end I salute the National position to unseat Cambodia’s unstable ness, the rule of law, and respect for Wildlife Refuge System for its many and violent dictator through peaceful private property. It builds global pros- successes and Dr. James Montgomery and credible polls. perity and strengthens security. Free

VerDate Mar 15 2010 22:09 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 0637 Sfmt 0634 E:\2003SENATE\S30JA3.REC S30JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 30, 2003 CONGRESSIONAL RECORD — SENATE S1809 trade employs the power of markets to REPORT ON THE INTENT TO market access. The Agreement has, meet the needs of the poor and has ENTER INTO A FREE TRADE among other provisions, specific and helped lift millions of people out of AGREEMENT (FTA) WITH THE groundbreaking customs procedures poverty by putting them on the path to GOVERNMENT OF CHILE—PM 6 and transparency requirements that prosperity. In the extended campaign The PRESIDING OFFICER laid be- will promote efficiency and fairness. It against terrorism, free trade can be an fore the Senate the following message also establishes a secure and predict- economic ally. By helping to create op- from the President of the United able legal framework for U.S. investors portunity and hope in poorer societies, States, together with an accompanying operating in Chile. open trade counters those who would report; which was referred to the Com- This is an agreement for the econ- destroy rather than create. mittee on Finance: omy of the 21st century. Inventors, per- Securing open access to markets formers, authors, and creative enter- abroad is vital to the strength and con- To the Congress of the United States: prises in the United States and Chile tinued growth of the U.S. economy. In In accordance with sections 2103(a)(1) will benefit from enhanced copyright, the previous decade, exports accounted and 2105(a)(1) of the Trade Act of 2002 patent, trademark, trade secret, and for 25 percent of our economic growth. (the ‘‘Trade Act’’), I am pleased to no- other intellectual property rights pro- They currently support the jobs of tify the Congress of my intent to enter tection. The Agreement also contains more than 12 million Americans. into a Free Trade Agreement (FTA) state-of-the-art protections for digital Singapore is our 11th largest trading with the Government of Chile. products and electronic commerce. partner with total two-way trade in The Agreement we have negotiated My Administration is committed to goods and services valued at $38.8 bil- promotes our commitment to secure a moving forward on multiple fronts to lion in 2001. This FTA will improve op- level playing field and to open new op- advance environmental protection and portunities for U.S. exports, growth, portunities for America’s workers, worker rights in a credible and respon- and investment, while also providing farmers, businesses, and consumers in sible manner. This Agreement meets global trade. The United States is a increased opportunities for the people the labor and environmental objectives party to only three out of more than of Singapore. This Agreement provides provided by the Congress in the Trade 200 existing FTAs, leaving Americans for substantial market access across Act. at a competitive disadvantage in many the entire services sector and locks in In sum, free trade is a fundamental markets. With the enactment of Trade Singapore’s zero tariff rates on goods, source of America’s economic vitality. Promotion Authority; the completion including agriculture. This Agreement will benefit the U.S. of this Agreement; ongoing global, re- Fair treatment of U.S. goods and economy through both higher-paying gional, and bilateral trade negotia- services is important to increasing jobs created by exporters and lower tions; and the continued support of the market access. This Agreement has, prices paid by consumers. It will Congress, the United States is re- among other provisions, specific and strengthen U.S. ties with a valued eco- groundbreaking customs procedures asserting leadership in world trade. United States leadership in pro- nomic partner and promote America’s and transparency requirements that moting trade liberalization advances political and security interests in an will promote efficiency and fairness. It our national interests. Free trade pro- important region. also establishes a secure and predict- motes our values by encouraging open- As called for by the Trade Act, I am able legal framework for U.S. investors ness, the rule of law, and respect for sending this notification at least 90 operating in Singapore. private property. It builds global pros- days in advance of signing the U.S.- This is an agreement for the econ- perity and strengthens security. Free Chile FTA. My Administration looks omy of the 21st century. Inventors, per- trade employs the power of markets to forward to working with the Congress formers, authors, and creative enter- meet the needs of the poor and has to develop appropriate legislation to prises in the United States and Singa- helped lift millions of people out of approve and implement this Free Trade pore will benefit from enhanced copy- poverty by putting them on the path to Agreement. right, patent, trademark, trade secret, prosperity. In the extended campaign GEORGE W. BUSH, and other intellectual property rights against terrorism, free trade can be an THE WHITE HOUSE, January 29, 2003. protection. The Agreement also con- economic ally. By helping to create op- f tains state-of-the-art protections for portunity and hope in poorer societies, TRANSMITTING PRESIDENTIAL DE- digital products and electronic com- open trade counters those who would merce. TERMINATION NO. 2002–30, REL- destroy rather than create. ATIVE TO THE AIR FORCE’S OP- My Administration is committed to Securing open access to markets ERATING LOCATION NEAR moving forward on multiple fronts to abroad is vital to the strength and con- GROOM LAKE, NEVADA—PM 7 advance environmental protection and tinued growth of the U.S. economy. In worker rights in a credible and respon- the previous decade, exports accounted The PRESIDING OFFICER laid be- sible manner. This Agreement meets for 25 percent of our growth and cur- fore the Senate the following message the labor and environmental objectives rently support the jobs of more than 12 from the President of the United provided by the Congress in the Trade million Americans. In 2001, two-way States, together with accompanying Act. trade of all goods and services between papers; which was referred to the Com- In sum, free trade is a fundamental the United States and Chile totaled $8.5 mittee on Environment and Public source of America’s economic vitality. billion. This Agreement will improve Works: This Agreement will benefit the U.S. opportunities for U.S. exports, growth, To the Congress of the United States: economy through both higher-paying and investment, while also providing jobs created by exports and lower increased opportunities for the people Consistent with section 6001(a) of the prices paid by consumers. It will of Chile. Resource Conservation and Recovery strengthen U.S. ties with a valued eco- In this Agreement, the vast majority Act (RCRA) (the ‘‘Act’’), as amended, nomic partner and promote America’s of U.S. and Chilean goods will become 42 U.S.C. 6961(a), notification is hereby political and security interests in an duty-free immediately. Most remaining given that on September 13, 2002, I important region. tariffs will be eliminated within 4 issued Presidential Determination As called for by the Trade Act, I am years and all tariffs and quotas will be 2002–30 (copy enclosed) and thereby ex- sending this notification at least 90 eliminated over a 12-year period. Over ercised the authority to grant certain days in advance of signing the U.S.- three-quarters of U.S. farm goods will exemptions under section 6001(a) of the Singapore FTA. My Administration enter Chile duty-free within 4 years. Act. looks forward to working with the Con- The United States is a global leader Presidential Determination 2002–30 gress to develop appropriate legislation in services. This Agreement locks in exempted the United States Air Force’s to approve and implement this Free substantial market access across the operating location near Groom Lake, Trade Agreement. entire services sector. Nevada, from any Federal, State, inter- GEORGE W. BUSH, Fair treatment of U.S. goods and state, or local hazardous or solid waste THE WHITE HOUSE, January 29, 2003. services is important to increasing laws that might require the disclosure

VerDate Mar 15 2010 22:09 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 0637 Sfmt 0634 E:\2003SENATE\S30JA3.REC S30JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1810 CONGRESSIONAL RECORD — SENATE January 30, 2003 of classified information concerning Peace Process that was declared in Execu- EC–853. A communication from the Chair- that operating location to unauthor- tive Order 12947 of January 23, 1996; to the man, Nuclear Regulatory Commission, trans- ized persons. Information concerning Committee on Banking, Housing, and Urban mitting, pursuant to law, the Annual Report activities at the operating location Affairs. of the Nuclear Regulatory Commission, re- EC–843. A communication from the Presi- ceived on January 23, 2003; to the Committee near Groom Lake has been properly de- dent of the United States, transmitting, pur- on Governmental Affairs. termined to be classified, and its dis- suant to law, a report relative to the con- EC–854. A communication from the Archi- closure would be harmful to national tinuation of the national emergency with re- vist of the United States, National Archives security. Continued protection of this spect to terrorist who threaten to disrupt and Records Administration, transmitting, information is, therefore, in the para- the Middle East peace process; to the Com- pursuant to law, the report of Commercial mount interest of the United States. mittee on Banking, Housing, and Urban Af- Activities Inventory and Inherently Govern- fairs. The determination was not intended mental Inventory, received on January 21, EC–844. A communication from the Chief 2003; to the Committee on Governmental Af- to imply that, in the absence of a Pres- Counsel, Office of Foreign Assets Control, fairs. idential exemption, RCRA or any other Department of the Treasury, transmitting, EC¥855. A communication from the Inde- provision of law permits or requires the pursuant to law, the report of a rule entitled pendent Counsel, Office of Independent Coun- disclosure of classified information to ‘‘Reporting and Procedures Regulations; sel, transmitting, pursuant to law, the An- unauthorized persons. The determina- Cuban Assets Control Regulations; Publica- nual Report (Year 2002) for the Office of Inde- tion also was not intended to limit the tion of Economic Sanctions Enforcement pendent Counsel-Barrett; to the Committee Guidelines’’ received on January 23, 2003; to applicability or enforcement of any re- on Governmental Affairs. the Committee on Banking, Housing, and EC¥856. A communication from the Office quirement of law applicable to the Air Urban Affairs. of Personnel Management, The President’s Force’s operating location near Groom EC–845. A communication from the Deputy Pay Agent, transmitting, pursuant to law, Lake except those provisions, if any, Secretary, Division of Corporate Finance, the report relative to justifying the reasons that might require the disclosure of Securities and Exchange Commission, trans- for the extension of locality-based com- classified information. mitting, pursuant to law, the report of rule parability payments to categories of posi- entitled ‘‘Insider Trades During Pension tions that are in more than one executive GEORGE W. BUSH, Fund Blackout Periods (RIN 3235–AI71)’’ re- THE WHITE HOUSE, January 29, 2003. agency, received on January 21, 2003; to the ceived on January 23, 2003; to the Committee Committee on Governmental Affairs. f on Banking, Housing, and Urban Affairs. EC¥857. A communication from the Chief EC–846. A communication from the Assist- of Staff, Federal Mediation and Conciliation MEASURES PLACED ON THE ant General Counsel for Regulations, Office Service, transmitting, pursuant to law, the CALENDAR of Public and Indian Housing, Department of report of the Federal Mediation and Concil- Housing and Urban Development ‘‘Public The following bill was read the sec- iation Service under the Federal Managers’ Housing Total Development Cost (RIN2577– Financial Integrity Act (FMFIA) for Fiscal ond time, and placed on the calendar: AC05)’’ received on January 21, 2003; to the Year 2002; to the Committee on Govern- S. 241. A bill to amend the Coastal Zone Committee on Banking, Housing, and Urban mental Affairs. Management Act. Affairs. EC¥858. A communication from the Assist- EC–847. A communication from the Assist- f ant Secretary, Pension and Welfare Benefits ant Secretary Legislative Affairs, Depart- EXECUTIVE AND OTHER ment of State, transmitting, pursuant to Administration, transmitting, pursuant to law, the report of a rule entitled ‘‘Final Rule COMMUNICATIONS law, the report relative to waiving the restrictions of the Cooperative Threat Reduc- Relating to Adjustment of Civil Monetary The following communications were tion Act of 1993 subsection (d) of section 1203 Penalties (RIN1210–AA95)’’ received on Janu- laid before the Senate, together with with respect to the Russian Federation; to ary 23, 2003; to the Committee on Health, Education, Labor, and Pensions. accompanying papers, reports, and doc- the Committee on Foreign Relations. ¥ EC–848. A communication from the Assist- EC 859. A communication from the Acting uments, which were referred as indi- Assistant General Counsel for Regulations, cated: ant Secretary Legislative Affairs, Depart- ment of State, transmitting, pursuant to Office of Special Education and Rehabilita- EC–838. A communication from the Deputy tive Services, Department of Education, Secretary, Investment Management Office of law, the report of the proposed certification of a proposed license for export of defense ar- transmitting, pursuant to law, the report of Regulatory Policy, Securities and Exchange a rule entitled ‘‘Disability and Rehabilita- Commission, transmitting, pursuant to law, ticles of defense services sold commercially under a contract in the amount of $50,000 or tion Research Projects Program, Capacity the report of a rule entitled ‘‘Transactions of Building, Coordination, & Collaboration Investment Companies With Portfolio and more to Russia, Ukraine and Norway’’; to the Committee on Foreign Relations. Projects’’ received on January 22, 2003; to the Subadviser Affiliates. (17CFR sections 270 EC–849. A communication from the Con- Committee on Health, Education, Labor, and .10f–3, 270.12d3–1, 270.17a–6, 270.17a–10, 270 .17d– gressional Review Coordinator, Policy and Pensions. 1, and 270.17e–1) (3235–AI28)’’ received on Jan- Program Development, Animal and Plant EC¥860. A communication from the Direc- uary 15, 2003; to the Committee on Banking, Health Inspection Service, Department of tor, Regulations Policy and Management, Housing, and Urban Affairs. Agriculture, transmitting, pursuant to law, Department of Health and Human Services, EC–839. A communication from the Deputy the report of a rule entitled ‘‘Exotic New- transmitting, pursuant to law, the report of Secretary, Investment Management Office of castle Disease; Addition to Quarantined Area a rule entitled ‘‘Uniform Compliance Date Regulatory Policy, Securities and Exchange and Applicability of Regulations (Doc. No. for Food Labeling Regulations (Doc. No. 00N– Commission, transmitting, pursuant to law, 02–1117–2)’’ received on January 15, 2003; to 1596)’’ received on January 21, 2003; to the the report of a rule entitled ‘‘Condition for the Committee on Agriculture, Nutrition, Committee on Health, Education, Labor, and Use of Non-GAAP Financial Measures’’ re- and Forestry. Pensions. ceived on January 23, 2003; to the Committee EC–850. A communication from the Con- EC¥861. A communication from the Acting on Banking, Housing, and Urban Affairs. gressional Review Coordinator, Policy and Assistant Secretary of the Army, Civil EC–840. A communication from the Deputy Program Development, Animal and Plant Works, Department of the Army, transmit- Congressional Liaison, Board of Governors of Health Inspection Service, Department of ting, pursuant to law, the report relative to the Federal Reserve System, transmitting, Agriculture, transmitting, pursuant to law, the Tres Rios, Arizona, ecosystem restora- pursuant to law, the report of a rule entitled the report of a rule entitled ‘‘Oriental Fruit tion, flood damage reduction, and recreation ‘‘Regulations H—Reporting and Disclosure Fly, Designation of Quarantined Area (Doc. project, received on January 27, 2003; to the Requirements for State Member Banks With No. 02–130–1)’’ received on January 15, 2003; to Committee on Environment and Public Securities Registered Under the Securities the Committee on Agriculture, Nutrition, Works. Exchange Act of 1934 (Doc. No. R–1129)’’ re- and Forestry. EC¥862. A communication from the Chair- ceived on January 23, 2003; to the Committee EC–851. A communication from the Sec- man, Nuclear Regulatory Commission, trans- on Banking, Housing, and Urban Affairs. retary, Judicial Conference of the United mitting, pursuant to law, the report of the EC–841. A communication from the Sec- States, transmitting, pursuant to law, the Nuclear Regulatory Commission’s Monthly retary of Commerce, transmitting, pursuant report relative to the Biennially report to report on the Status of its licensing and reg- to law, the 2003 Report on Foreign Policy- congress on the continuing need for existing ulatory duties; to the Committee on Envi- Based Export Controls, received on January bankruptcy judgeships; to the Committee on ronment and Public Works. 21, 2003; to the Committee on Banking, Hous- the Judiciary. EC¥863. A communication from the Assist- ing, and Urban Affairs. EC–852. A communication from the Sec- ant Secretary for Fish and Wildlife and EC–842. A communication from the Presi- retary, Judicial Conference of the United Parks, Office of Law Enforcement, Fish and dent of the United States, transmitting, pur- States, transmitting, pursuant to law, the Wildlife Service, transmitting, pursuant to suant to law, the Periodic Report on the Na- report relative to the authorization of addi- law, the report of a rule entitled ‘‘Endan- tional Emergency With Respect to Terrorist tional bankruptcy judgeships; to the Com- gered and Threatened Wildlife and Plants; Who Threaten to Disrupt the Middle East mittee on the Judiciary. Address Change for Submission of Reports’’

VerDate Mar 15 2010 22:09 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 0637 Sfmt 0634 E:\2003SENATE\S30JA3.REC S30JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 30, 2003 CONGRESSIONAL RECORD — SENATE S1811 received on January 16, 2003; to the Com- By Mr. GREGG, without amendment: Air Force nominations beginning Hossam mittee on Environment and Public Works. S. Res. 39. An original resolution author- E. Ahmed and ending Brett W. Perkins, EC¥864. A communication from the Gen- izing expenditures by the Committee on which nominations were received by the Sen- eral Counsel, Office of General Counsel, Fed- Health, Education, Labor, and Pensions. ate and appeared in the Congressional eral Energy Regulatory Commission, trans- By Mr. HATCH, from the Committee on Record on January 9, 2003. mitting, pursuant to law, the report of rule the Judiciary, with amendments: Air Force nominations beginning Robert entitled ‘‘Update of the Federal Energy Reg- S. 151. A bill to amend title 18, United A. Bazylak and ending Mark S. Smyczynski, ulatory Commission’s Fees Schedule for An- States Code, with respect to the sexual ex- which nominations were received by the Sen- nual Charges for the Use of Government ploitation of children. ate and appeared in the Congressional Lands’’ received on January 27, 2003; to the By Mr. HATCH, from the Committee on Record on January 9, 2003. Committee on Energy and Natural Re- the Judiciary, without amendment: Air Force nominations beginning Deborah sources. S. 153. A bill to amend title 18, United L. Aspling and ending Candace W. Woodham, EC¥865. A communication from the Assist- States Code, to establish penalties for aggra- which nominations were received by the Sen- ant General Counsel for Regulatory Law, Of- vated identity theft, and for other purposes. ate and appeared in the Congressional fice of Procurement and Assistant Policy, S. 205. A bill to authorize the issuance of Record on January 9, 2003. Department of Energy, transmitting, pursu- immigrant visas to, and the admission to the Air Force nominations beginning Andrew ant to law, the report of a rule entitled ‘‘Ac- United States for permanent residence of, A. Akelman and ending Steven Zebich, which quisition Regulations: Security Amendments certain scientists, engineers, and technicians nominations were received by the Senate and To Implement Executive Order 12829, Na- who have worked in Iraqi weapons of mass appeared in the Congressional Record on tional Industrial Security Program (1991– destruction programs. January 9, 2003. Air Force nominations beginning Michael AB42)’’ received on January 23, 2003; to the f Committee on Energy and Natural Re- L. Bell and ending Glenn L. Spitzer, which sources. EXECUTIVE REPORTS OF nominations were received by the Senate and EC¥866. A communication from the Chief, COMMITTEES appeared in the Congressional Record on Regulations Unit, Internal Revenue Service, January 9, 2003. Department of the Treasury, transmitting, The following executive reports of Air Force nominations beginning Roo- pursuant to law, the report of a rule entitled committees were submitted: sevelt Allen, Jr. and ending Arjen L. ‘‘Disclosure of Returns and Return Informa- By Mr. GRASSLEY for the Committee on Vandevoorde, which nominations were re- tion by Other Agencies’’ received on January Finance. ceived by the Senate and appeared in the 27 ,2003; to the Committee on Finance. *John W. Snow, of Virginia, to be Sec- Congressional Record on January 9, 2003. EC¥867. A communication from the Chief, retary of the Treasury. Air Force nominations beginning Peter A. Regulations Unit, Internal Revenue Service, By Mr. HATCH for the Committee on the Bauer and ending Christopher M. Zahn, Department of the Treasury, transmitting, Judiciary. which nominations were received by the Sen- pursuant to law, the report of a rule entitled Miguel A. Estrada, of Virginia, to be ate and appeared in the Congressional ‘‘January-March 2003 Bond Factor Amounts United States Circuit Judge for the District Record on January 9, 2003. (Rev. Rul. 2003–2)’’ received on January 14, of Columbia Circuit. Air Force nomination of Ronald D. Harris. 2003; to the Committee on Finance. By Mr. WARNER for the Committee on Army nominations beginning William T. EC¥868. A communication from the Chief, Armed Services. Barto and ending Bradley P. Stai, which Regulations Unit, Internal Revenue Service, Paul McHale, of Pennsylvania, to be an As- nominations were received by the Senate and Department of the Treasury, transmitting, sistant Secretary of Defense. appeared in the Congressional Record on pursuant to law, the report of a rule entitled Christopher Ryan Henry, of Virginia, to be January 9, 2003. ‘‘Offshore Voluntary Compliance Initiative Deputy Under Secretary of Defense for Pol- Air Force nominations beginning Frank W. (Rev. Proc. 2003–11)’’ received on January 14, icy. * Allara, Jr. and ending Glynis D. * Wallace, 2003; to the Committee on Finance. Air Force nomination of Brig. Gen. Wil- which nominations were received by the Sen- EC¥869. A communication from the Chief, liam J. Lutz. ate and appeared in the Congressional Regulations Unit, Internal Revenue Service, Air Force nomination of Col. Jarisse J. Record on January 13, 2003. Department of the Treasury, transmitting, Sanborn. Air Force nominations beginning Nancy M. pursuant to law, the report of a rule entitled Army nomination of Maj. Gen. Thomas F. Acampado and ending James H. Yao, which ‘‘Notice of intent to publish regulations re- Metz. nominations were received by the Senate and garding definitions of early retirement ben- Navy nomination of Rear Adm. Albert T. appeared in the Congressional Record on efit and retirement-type subsidy (Notice Church III. January 13, 2003. 2003–10)’’ received on January 14, 2003; to the Air Force nominations beginning Gregory Mr. WARNER. Mr. President, for the A. * Abrahamian and ending Gregory B. * Committee on Finance. Committee on Armed Services I report EC¥870. A communication from the Chief, York, which nominations were received by Regulations Unit, Internal Revenue Service, favorably the following nomination the Senate and appeared in the Congres- Department of the Treasury, transmitting, lists which were printed in the sional Record on January 13, 2003. pursuant to law, the report of a rule entitled RECORDS on the dates indicated, and Air Force nominations beginning Sameh G. ‘‘Rev. Proc. 2003–01 (RP–134000–02)’’ received ask unanimous consent, to save the ex- Abuerreish and ending Michelle K. Zimmer- on January 14, 2003; to the Committee on Fi- pense of reprinting on the Executive man, which nominations were received by the Senate and appeared in the Congres- nance. Calendar that these nominations lie at ¥ sional Record on January 13, 2003. EC 871. A communication from the Chief, the Secretary’s desk for the informa- Regulations Unit, Internal Revenue Service, Air Force nominations beginning James L. Department of the Treasury, transmitting, tion of Senators. * Agler, Jr. and ending Beverly A. Woods, pursuant to law, the report of a rule entitled The PRESIDING OFFICER. Without which nominations were received by the Sen- ‘‘Consolidation of Drawbridge Centers (T.D. objection, it is so ordered. ate and appeared in the Congressional 03–05)’’ received on January 23, 2003; to the Air Force nomination of Anthony E. Record on January 13, 2003. Air Force nominations beginning Laura S. Committee on Finance. Musella, Jr. * Barchick and ending Donald E. * Witmyer, f Air Force nomination of Steven B. Wallis. Air Force nominations beginning Sara M. which nominations were received by the Sen- REPORTS OF COMMITTEES Devine and ending Michael H. Quinn, which ate and appeared in the Congressional nominations were received by the Senate and Record on January 13, 2003. The following reports of committees Air Force nominations beginning Wayne H. appeared in the Congressional Record on were submitted: Albright and ending Michael J. Williams, January 9, 2003. which nominations were received by the Sen- By Mr. SHELBY, without amendment: Air Force nominations beginning James F. S. Res. 35. An original resolution author- ate and appeared in the Congressional Barber and ending Donald G. Smith, which izing expenditures by the Committee on Record on January 13, 2003. nominations were received by the Senate and Banking, Housing, and Urban Affairs. Air Force nomination of Richard L. Sar- By Mr. DOMENICI, without amendment: appeared in the Congressional Record on gent. S. Res. 36. An original resolution author- January 9, 2003. Air Force nomination of Richard L. Neel. izing expenditures by the Committee on En- Air Force nominations beginning Joseph Air Force nomination of Joel C. Carlson. ergy and Natural Resources. M. Koroluk and ending Ricky J. Thompson, Air Force nomination of Scott C. Paul. By Mr. MCCAIN, without amendment: which nominations were received by the Sen- Air Force nomination of Steven E. Ritter. S. Res. 37. An original resolution author- ate and appeared in the Congressional Air Force nominations beginning Michael izing expenditures by the Committee on Record on January 9, 2003. L. A. Holland and ending Parimal R. * Patel, Commerce, Science, and Transportation. Air Force nominations beginning Patrick which nominations were received by the Sen- By Mr. CRAIG, without amendment: W. Behan and ending Jamie L. Saives, which ate and appeared in the Congressional S. Res. 38. An original resolution author- nominations were received by the Senate and Record on January 15, 2003. izing expenditures by the Special Committee appeared in the Congressional Record on Army nominations beginning Sallye J on Aging. January 9, 2003. Allgood and ending Yvonne L Tuckerharris,

VerDate Mar 15 2010 22:09 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 0637 Sfmt 0634 E:\2003SENATE\S30JA3.REC S30JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1812 CONGRESSIONAL RECORD — SENATE January 30, 2003 which nominations were received by the Sen- Marine Corps nomination of Larry A. S. 251. A bill to amend the Internal Rev- ate and appeared in the Congressional Dickey. enue Code of 1986 to repeal the 4.3-cent motor Record on January 15, 2003. Marine Corps nominations beginning fuel excise taxes on railroads and inland wa- Army nominations beginning Leonard I. Harald Aagaard and ending Robert C Zyla, terway transportation which remain in the Cancio and ending Kathleen S. Zurawel, which nominations were received by the Sen- general fund of the Treasury; to the Com- which nominations were received by the Sen- ate and appeared in the Congressional mittee on Finance. ate and appeared in the Congressional Record on January 16, 2003. By Mr. THOMAS (for himself, Mr. ENZI, Record on January 15, 2003. Navy nomination of Eric W. Herbert. Mr. HAGEL, Mr. ROBERTS, and Mr. Army nominations beginning Kathleen W. Navy nomination of Jay R. Frohne. DOMENICI): Carr and ending Robert G. Webb, which Navy nomination of Adrian D. Talbot. S. 252. A bill to amend the Internal Rev- nominations were received by the Senate and Navy nomination of Evangeline D. Smith. enue Code of 1986 to provide special rules re- appeared in the Congressional Record on Marine Corps nomination of Daniel P. Hud- lating to the replacement of livestock sold January 15, 2003. son. on account of weather-related conditions; to Army nominations beginning Kenneth T. Air Force nomination of Margaret C. the Committee on Finance. Gareau and ending Paola M. Oflaherty, Gram. By Mr. CAMPBELL (for himself, Mr. which nominations were received by the Sen- Air Force nomination of James V. English. LEAHY, Mr. HATCH, Mr. REID, Mr. ate and appeared in the Congressional Air Force nominations beginning James C. GRAHAM of South Carolina, Mr. SCHU- Record on January 15, 2003. Balserak and ending Martin E. Sellberg, MER, Mr. GRASSLEY, Mr. DORGAN, Mr. Army nominations beginning Olin O. which nominations were received by the Sen- KYL, Mr. EDWARDS, Mr. SESSIONS, Mr. Oedekoven and ending Matthew D. Urbanek, ate and appeared in the Congressional BAUCUS, Mr. DEWINE, Mr. WARNER, which nominations were received by the Sen- Record on January 21, 2003. Ms. CANTWELL, Mr. NICKLES, Mr. CON- ate and appeared in the Congressional Air Force nomination of Timothy H. RAD, Mr. BURNS, Ms. LANDRIEU, Mr. Record on January 15, 2003. Lewis. CRAIG, Mr. DOMENICI, Mr. DAYTON, Marine Corps nomination of John A. Man- Air Force nomination of Howard S. Loller. Mrs. FEINSTEIN, Mr. CORNYN, Mrs. ning. Army nomination of John F. Neptune. LINCOLN, Mr. ALLEN, Mr. SANTORUM, Marine Corps nomination of Michael E. Army nomination of Charles E. Swallow. Mr. MCCONNELL, Mr. BUNNING, Mr. Rodgers. Army nomination of Wayne C. NELSON of Nebraska, Mr. INHOFE, and Marine Corps nomination of Samuel S. Hollenbaugh. Ms. STABENOW): Scialabba. Army nomination of Joseph T. Hughes. S. 253. A bill to amend title 18, United Marine Corps nominations beginning Dan- Army nomination of Gregory T. States Code, to exempt qualified current and iel W. Alexander and ending Jan-Hendrik C. Bramblett. former law enforcement officers from State Zurlippe, which nominations were received Army nomination of Allen C. Whitford. laws prohibiting the carrying of concealed by the Senate and appeared in the Congres- handguns; to the Committee on the Judici- sional Record on January 15, 2003. *Nomination was reported with recommendation that it be confirmed sub- ary. Navy nominations beginning Frederick J. By Mr. AKAKA: Adams III and ending Andrea G. Nashold, ject to the nominee’s commitment to S. 254. A bill to revise the boundary of the which nominations were received by the Sen- respond to requests to appear and tes- Kaloko-Honokohau National Historical Park ate and appeared in the Congressional tify before any duly constituted com- in the State of Hawaii, and for other pur- Record on January 15, 2003. mittee of the Senate. poses; to the Committee on Energy and Nat- Navy nomination of Ian G. McLeod. (Nominations without an asterisk ural Resources. Navy nomination of Michael S. Moeller. By Mrs. FEINSTEIN (for herself, Ms. Air Force nomination of David G. Young were reported with the recommenda- SNOWE, Ms. COLLINS, Ms. CANTWELL, III. tion that they be confirmed.) Mr. CORZINE, Mr. DODD, Mr. DURBIN, Air Force nominations beginning Edward f D. Peterson and ending William M. Ziegler, Mr. JEFFORDS, Mr. LEAHY, Mrs. MUR- which nominations were received by the Sen- NOMINATION DISCHARGED AND RAY, Mr. REED, Mr. SCHUMER, and ate and appeared in the Congressional CONFIRMED Mrs. CLINTON): Record on January 16, 2003. S. 255. A bill to amend title 49, United Air Force nominations beginning Benedict The following nomination was dis- States Code, to require phased increases in N. Antonecchia and ending Thomas S. Tuck- charged and confirmed from the Com- the fuel efficiency standards applicable to er, which nominations were received by the mittee on Governmental Affairs, Janu- light trucks; to require fuel economy stand- Senate and appeared in the Congressional ary 30, 2003: ards for automobiles up to 10,000 pounds gross vehicle weight; to increase the fuel Record on January 16, 2003. DEPARTMENT OF HOMELAND SECURITY Air Force nominations beginning Britta A. economy of the Federal fleet of vehicles, and Gordon England, to be Deputy Secretary of Anderson and ending Deborah C. Messecar, for other purposes; to the Committee on Homeland Security. which nominations were received by the Sen- Commerce, Science, and Transportation. ate and appeared in the Congressional f By Mr. GRASSLEY (for himself, Mr. Record on January 16, 2003. BAUCUS, Mr. SANTORUM, and Mr. LIE- Air Force nominations beginning Lewis A. INTRODUCTION OF BILLS AND BERMAN): Brandes and ending Charles A. Walden, JOINT RESOLUTIONS S. 256. A bill to provide incentives for char- which nominations were received by the Sen- The following bills and joint resolu- itable contributions by individuals and busi- ate and appeared in the Congressional nesses, to improve the public disclosure of tions were introduced, read the first activities of exempt organizations, and to Record on January 16, 2003. and second times by unanimous con- Air Force nominations beginning Walter S. enhance the ability of low-income Americans * Adams and ending George T. * Youstra, sent, and referred as indicated: to gain financial security by building assets, which nominations were received by the Sen- By Mr. VOINOVICH (for himself, Mr. and for other purposes; to the Committee on ate and appeared in the Congressional DEWINE, Mr. LEVIN, and Ms. STABE- Finance. Record on January 16, 2003. NOW): By Mr. NELSON of Florida (for him- Air Force nominations beginning Michael S. 248. A bill to expand the boundaries of self, Mr. MCCAIN, Mr. INOUYE, Mr. Aluker and ending Scott A. Zakaluzny, the Ottawa National Wildlife Refuge Com- LEVIN, Mr. BINGAMAN, Mr. KERRY, Mr. which nominations were received by the Sen- plex and the Detroit River International BREAUX, Mr. CONRAD, Mr. JOHNSON, ate and appeared in the Congressional Wildlife Refuge; to the Committee on Envi- Ms. LANDRIEU, Mr. SESSIONS, and Mr. Record on January 16, 2003. ronment and Public Works. NELSON of Nebraska): Army nominations beginning Paul A. By Mrs. CLINTON (for herself and Mrs. S. 257. A bill to amend title 38, United Baker and ending Frank E. Ziemkiewicz, HUTCHISON): States Code, to clarify the applicability of which nominations were received by the Sen- S. 249. A bill to amend title 38, United the prohibition on assignment of veterans ate and appeared in the Congressional States Code, to provide that remarriage of benefits to agreements regarding future re- Record on January 16, 2003. the surviving spouse of a deceased veteran ceipt of compensation, pension, or depend- Army nominations beginning Michael P after age 55 shall not result in termination of ency and indemnity compensation, and for Boehman and ending Scott F Young, which dependency and indemnity compensation other purposes; to the Committee on Vet- nominations were received by the Senate and otherwise payable to that surviving spouse; erans’ Affairs. appeared in the Congressional Record on to the Committee on Veterans’ Affairs. By Mr. DOMENICI (for himself and Mr. January 16, 2003. By Mr. DURBIN: BINGAMAN): Army nominations beginning White A * S. 250. A bill to address the international S. 258. A bill to amend the definition of Baxter and ending Jennifer S * Zucker, HIV/AIDS pandemic; to the Committee on low-income families for purposes of the which nominations were received by the Sen- Health, Education, Labor, and Pensions. United States Housing Act of 1937; to the ate and appeared in the Congressional By Mr. LOTT (for himself and Mr. Committee on Banking, Housing, and Urban Record on January 16, 2003. BREAUX): Affairs.

VerDate Mar 15 2010 22:09 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 0637 Sfmt 0634 E:\2003SENATE\S30JA3.REC S30JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 30, 2003 CONGRESSIONAL RECORD — SENATE S1813 By Mr. HARKIN: By Mr. JEFFORDS (for himself, Mr. opportunities for women and girls, particu- S. 259. A bill to expand the eligibility for ENSIGN, Mr. WYDEN, Mr. LEVIN, and larly with respect to school athletics; to the membership in veterans organizations; to Mr. SMITH): Committee on Health, Education, Labor, and the Committee on Finance. S. 269. A bill to amend the Lacey Act Pensions. By Mr. HARKIN (for himself and Ms. Amendments of 1981 to further the conserva- f STABENOW): tion of certain wildlife species; to the Com- S. 260. A bill to amend the Internal Rev- mittee on Environment and Public Works. ADDITIONAL COSPONSORS enue Code of 1986 to prevent the continued By Mr. KENNEDY (for himself, Mr. S. 101 use of renouncing United States citizenship SMITH, Mr. DASCHLE, Mr. REED, Mr. At the request of Mr. HATCH, the as a device for avoiding United States taxes; DURBIN, Mr. SARBANES, Mrs. CLINTON, name of the Senator from Alabama to the Committee on Finance. Ms. CANTWELL, and Mr. ROCKE- (Mr. SESSIONS) was added as a cospon- By Mr. BINGAMAN (for himself, Mr. FELLER): KERRY, Mr. DASCHLE, Mr. KENNEDY, S. 270. A bill to provide for additional sor of S. 101, a bill to authorize salary Ms. LANDRIEU, Mr. SARBANES, Mrs. weeks of temporary extended unemployment adjustments for Justices and judges of LINCOLN, Mrs. MURRAY, Mr. LEVIN, compensation, to provide for a program of the United States for fiscal year 2003. Mr. CORZINE, Mrs. CLINTON, Mr. JOHN- temporary enhanced unemployment benefits, S. 138 SON, Mr. AKAKA, Mr. LEAHY, Mr. and for other purposes; to the Committee on At the request of Mr. ROCKEFELLER, DODD, Mr. LAUTENBERG, and Mr. Finance. the names of the Senator from South By Mr. SMITH (for himself, Mr. REED): Dakota (Mr. JOHNSON), the Senator S. 261. A bill to amend part A of title IV of CORZINE, Mr. SCHUMER, and Ms. from Maryland (Ms. MIKULSKI) and the the Social Security Act to exclude child care SNOWE): from the determination of the 5-year limit S. 271. A bill to amend the Internal Rev- Senator from Louisiana (Ms. LAN- on assistance under the temporary assist- enue Code of 1986 to allow an additional ad- DRIEU) were added as cosponsors of S. ance to needy families program, and for vance refunding of bonds originally issued to 138, a bill to temporarily increase the other purposes; to the Committee on Fi- finance governmental facilities used for es- Federal medical assistance percentage nance. sential governmental functions; to the Com- for the medicaid program. By Mr. BINGAMAN (for himself, Mr. mittee on Finance. S. 145 CORZINE, Mrs. MURRAY, Mr. WYDEN, By Mr. SANTORUM (for himself, Mr. At the request of Mr. KYL, the name Mr. DODD, and Mr. REED): LIEBERMAN, Mr. GRASSLEY, Mr. BAYH, of the Senator from Colorado (Mr. S. 262. A bill to amend the temporary as- Mr. HATCH, Ms. LANDRIEU, Mr. SMITH, sistance to needy families program under Mr. NELSON of Florida, Mr. TALENT, ALLARD) was added as a cosponsor of S. part A of title IV of the Social Security Act Mr. LUGAR, Mr. FRIST, and Mr. MIL- 145, a bill to prohibit assistance to to improve the provision of education and LER): North Korea or the Korean Peninsula job training under that program, and for S. 272. A bill to provide incentives for char- Development Organization, and for other purposes; to the Committee on Fi- itable contributions by individuals and busi- other purposes. nesses, to improve the public disclosure of nance. S. 151 By Mr. BINGAMAN: activities of exempt organizations, and to At the request of Mr. HATCH, the S. 263. A bill to amend part A of title IV of enhance the ability of low income Americans the Social Security Act to require a com- to gain financial security by building assets, name of the Senator from New York prehensive strategic plan for the State tem- and for other purposes; to the Committee on (Mr. SCHUMER) was added as a cospon- porary assistance to needy families program Finance. sor of S. 151, a bill to amend title 18, and to give States the flexibility to imple- f United States Code, with respect to the ment innovative welfare programs that have sexual exploitation of children. been effective in other States; to the Com- SUBMISSION OF CONCURRENT AND S. 185 mittee on Finance. SENATE RESOLUTIONS At the request of Mr. LEAHY, the By Ms. CANTWELL (for herself and name of the Senator from Maryland Mrs. MURRAY): The following concurrent resolutions S. 264. A bill to amend title XXI of the So- and Senate resolutions were read, and (Mr. SARBANES) was added as a cospon- cial Security Act to extend the availability referred (or acted upon), as indicated: sor of S. 185, a bill to authorize emer- of allotments to States for fiscal years 1998 By Mr. SHELBY: gency supplemental assistance to com- through 2000, and for other purposes; to the S. Res. 35. An original resolution author- bat the growing humanitarian crisis in Committee on Finance. izing expenditures by the Committee on sub-Saharan Africa. By Mrs. BOXER (for herself, Mr. SCHU- Banking, Housing, and Urban Affairs; from S. 215 MER, and Mrs. CLINTON): the Committee on Banking, Housing, and At the request of Mrs. FEINSTEIN, the S. 265. A bill to amend the Internal Rev- Urban Affairs; to the Committee on Rules names of the Senator from New Mexico enue Code of 1986 to include sports utility ve- and Administration. (Mr. BINGAMAN), the Senator from Ne- hicles in the limitation on the depreciation By Mr. DOMENICI: of certain luxury automobiles; to the Com- S. Res. 36. An original resolution author- braska (Mr. NELSON) and the Senator mittee on Finance. izing expenditures by the Committee on En- from Washington (Ms. CANTWELL) were By Mr. EDWARDS (for himself and Mr. ergy & Natural Resources; from the Com- added as cosponsors of S. 215, a bill to SCHUMER): mittee on Energy and Natural Resources; to authorize funding assistance for the S. 266. A bill to provide for the access and the Committee on Rules and Administration. States for the discharge of homeland handling by personnel of State and local gov- By Mr. McCAIN: security activities by the National ernments of classified information to facili- S. Res. 37. An original resolution author- Guard. tate preparation and response to terrorist at- izing expenditures by the Committee on S. 229 tacks, and for other purposes; to the Select Commerce, Science, and Transportation; Committee on Intelligence. from the Committee on Commerce, Science, At the request of Mr. JOHNSON, the By Mr. McCAIN: and Transportation; to the Committee on names of the Senator from Nebraska S. 267. A bill to amend the Internal Rev- Rules and Administration. (Mr. NELSON), the Senator from Lou- enue Code of 1986 to provide for a deferral of By Mr. CRAIG: isiana (Mr. BREAUX) and the Senator tax on gain from the sale of telecommuni- S. Res. 38. An original resolution author- from Louisiana (Ms. LANDRIEU) were cations businesses in specific circumstances izing expenditures by the Special Committee added as cosponsors of S. 229, a bill to or a tax credit and other incentives to pro- on Aging; from the Special Committee on provide for the merger of the bank and mote diversity of ownership in telecommuni- Aging; to the Committee on Rules and Ad- cations businesses; to the Committee on Fi- ministration. savings association deposit insurance nance. By Mr. GREGG: funds, to modernize and improve the By Mr. VOINOVICH (for himself and S. Res. 39. An original resolution author- safety and fairness of the Federal de- Mr. DEWINE): izing expenditures by the Committee on posit insurance system, and for other S. 268. A bill to authorize the Pyramid of Health, Education, Labor, and Pensions; purposes. Remembrance Foundation to establish a me- from the Committee on Health, Education, S. 238 morial in the District of Columbia and its Labor, and Pensions; to the Committee on At the request of Mr. REED, the environs to honor members of the Armed Rules and Administration. names of the Senator from New Jersey Forces of the United States who have lost By Mr. BIDEN: their lives during peacekeeping operations, S. Res. 40. A resolution reaffirming con- (Mr. LAUTENBERG), the Senator from humanitarian efforts, training, terrorist at- gressional commitment to title IX of the Rhode Island (Mr. CHAFEE) and the tacks, or covert operations; to the Com- Education Amendments of 1972 and its crit- Senator from South Dakota (Mr. JOHN- mittee on Energy and Natural Resources. ical role in guaranteeing equal educational SON) were added as cosponsors of S. 238,

VerDate Mar 15 2010 22:09 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 0637 Sfmt 0634 E:\2003SENATE\S30JA3.REC S30JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1814 CONGRESSIONAL RECORD — SENATE January 30, 2003 a bill to reauthorize the Museum and and indemnity compensation otherwise In my office, when he came to see Library Services Act, and for other payable to that surviving spouse, be me, I couldn’t get over how many of purposes. printed in the RECORD. my staffers took a great interest in f There being no objection, the bill was HIV/AIDS just to be in the room when ordered to be printed in the RECORD, as he sat down and talked about it. He has STATEMENTS ON INTRODUCED follows: done such spectacular work with BILLS AND JOINT RESOLUTIONS S. 249 Democrats and Republicans, the execu- By Mrs. CLINTON (for herself Be it enacted by the Senate and House of Rep- tive branch, and the legislative branch. and Mrs. HUTCHISON): resentatives of the United States of America in Then he had a tour, which was sched- S. 249. A bill to amend title 38, Congress assembled, uled about 2 or 3 months ago, in the United States Code, to provide that re- SECTION 1. RETENTION OF DEPENDENCY AND Midwest. The tour was really to speak INDEMNITY COMPENSATION FOR marriage of the surviving spouse of a SURVIVING SPOUSES REMARRYING to the heartland of America about this deceased veteran after age 55 shall not AFTER AGE 55. issue of HIV/AIDS. He came to my City result in termination of dependency (a) EXCEPTION TO TERMINATION OF BENEFITS of Chicago. I was proud to meet with and indemnity compensation otherwise UPON REMARRIAGE.—Section 103(d)(2)(B) of him and a group of African American payable to that surviving spouse; to title 38, United States Code, is amended by clergy. the Committee on Veterans’ Affairs. inserting ‘‘1311 or’’ after ‘‘under section’’. Then he went out to a very conserv- (b) EFFECTIVE DATE.—The amendment Mrs. CLINTON. Mr. President, today made by subsection (a) shall take effect on— ative piece of real estate near the City my colleague Senator KAY BAILEY (1) the first day of the first month that be- of Chicago, the great Wheaton College. HUTCHISON and I are reintroducing a gins after the date of the enactment of this Wheaton College was where Billy Gra- bill that will help repay our Nation’s Act; or ham took his training before he went debt to the Gold Star Wives of Amer- (2) the first day of the fiscal year that be- into the ministry. Wheaton College has ica. gins in the calendar year in which this Act is a reputation of being pretty conserv- This bill corrects a long-standing dis- enacted, if later than the date specified in ative, high-minded in their values, parity and would finally allow the wid- paragraph (1). (c) RETROACTIVE BENEFITS PROHIBITED.—No dedicated to their religion and their ows of veterans who remarry after the benefit may be paid to any person by reason belief. And they invited him, this out- age of 55 to continue to receive Depend- of the amendment made by subsection (a) for spoken Irishman, to speak to them ency and Indemnity Compensation. any period before the effective date specified about HIV/AIDS. It was a great presen- The Gold Star Wives of America in subsection (b). tation. brought this matter to our attention. At the very end there was some We are tremendously grateful to them By Mr. DURBIN: music, but most of it was very serious for working with us on this important S. 250. A bill to address the inter- in that people talked about their life bill. At this time in our Nation’s his- national HIV/AIDS pandemic; to the experiences. The thing I noticed, as the Committee on Health, Education, tory, when our brave men and women presentation was made, was that one of Labor, and Pensions. in uniform are putting their lives on the doctors said: You Americans tend Mr. DURBIN. Mr. President, I rise the line in Afghanistan and elsewhere today to draw the attention of the Sen- to want to look across the ocean for around the world, it is especially im- ate and those following this proceeding HIV/AIDS. You have it here in the portant to recognize the wives and to a global emergency many of us be- United States, and don’t forget it. But families of those who have already lieve the last Congress did not ade- you also have it in your hemisphere in served their country so proudly. quately address. Haiti in a way that most people don’t This benefit covers the surviving de- Imagine the public reaction that even appreciate. pendents of members of the Armed would ensue if every year the United Last weekend I traveled to Haiti with Forces who have died in active duty or States lost a population the size of the several of my colleagues, including of a service-connected cause. Cur- city of Chicago to HIV/AIDS-related Senator BILL NELSON of Florida. But rently, it is the only Federal annuity deaths; if every year the United States the leader of our codel was Senator program that does not permit a widow lost the number of children equal to MIKE DEWINE, a Republican of Ohio, who receives compensation to retain the population of this city, Wash- and his wife Fran. Let me just say her benefits if she remarries after the ington, DC, to HIV/AIDS-related something for a moment about MIKE age of 55. It is time for this policy to deaths. This is the reality the world DEWINE. MIKE and I had been friends change. faces. since we were both elected to the By eliminating this marriage pen- Imagine how bad the situation would House 20 years ago. He left for a period alty, our bill will continue to provide have to be in the United States for the of time and ran for Lieutenant Gov- these women the help some need to public to accept an HIV-positive ernor of Ohio, then came back as a make ends meet, and will allow them muppet on Sesame Street, the popular Senator from that State. to live their lives to the fullest. Dis- television show geared to little kids Most people don’t know MIKE and his couraging marriage after the age of 55 ages 2 to 4. This is the reality of chil- wife and family have a particular in- by making marriage financially bur- dren’s TV in South Africa. terest and dedication to Haiti and the densome is not the way to show our ap- In 2001, 662,000 children lost either poor people who live there. This trip preciation for their sacrifice. Many one or both parents to AIDS in South was their eleventh trip to Haiti. Many people live on fixed incomes and rely Africa. Members of Congress are lucky to go to on Dependency and Indemnity Com- In 2002, 3 million children, defined as the same place far away once or twice pensation to help pay their bills. 15 years of age or younger, were re- in a lifetime. Think about the fact that Under our bill, these widows would ported to be living with AIDS in sub- MIKE and Fran, people on their staff, not be denied their benefits. I urge my Saharan Africa; 800,000 children world- continue to return to one of the poor- colleagues to support this important wide were newly infected with HIV last est places on earth over and over and legislation. It is time for these inequi- year. over again. It isn’t just to take photo- ties to be addressed, so that these Last weekend I went with several of graphs. In fact, they do very little of women can continue to receive the ben- my colleagues to Haiti. The reason for that. It is to bring bags of toys and soc- efits they deserve, and also be per- that trip had a lot to do with a well- cer balls, basic items, medical and oth- mitted to experience again the pro- known rock singer named Bono whose erwise, that the poorest people in our found meaning and happiness that mar- group U2 is legendary in rock-and-roll hemisphere need, to visit programs riage brings. history. But he has taken on a special like one called Hands Together. Hands I ask unanimous consent that the mission, not only to make music, but Together is something I never heard of text of the bill, to amend title 38, to make the world more aware of the before I got to Haiti, but I met Father United States Code, to provide that re- HIV/AIDS crisis. He is a very likable Tom Hagan, who is the leader of Hands marriage of the surviving spouse of a fellow. He has been a great lobbyist. Together in Haiti, and Doug Campbell, deceased veteran after age 55 shall not This Irishman comes to Capitol Hill his executive director, and they showed result in termination of dependency and opens every door. us a center which they have created in

VerDate Mar 15 2010 22:09 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 0637 Sfmt 0634 E:\2003SENATE\S30JA3.REC S30JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 30, 2003 CONGRESSIONAL RECORD — SENATE S1815 one of the poorest slums on earth. It is a big undertaking, and a lot of success was made, and that is a wonderful step called Cite Soleil. My French trans- was demonstrated. Now Dr. Pape and forward. lation would be Sun City. But it is not his organization, known as GHESKIO, I also want to say that the Secretary always sunny in this city for the tens an organization that is one of the ear- of State, Colin Powell, has been an ex- of thousands who live in the worst pov- liest in terms of commitment to deal- ceptional leader on this issue. He has erty. ing with HIV and AIDS, have received taken grief for it because it involves They created this little school and a $10 million-plus grant from the Glob- some issues of controversy here in the community center to teach children al AIDS Fund to take on the AIDS epi- United States. how to read and write on the condition demic in Haiti. Already he is able to Uganda—where I visited several that their parents also come in and demonstrate on the chart that just years ago—successfully fought the learn. They provide basic food for these their first year or two of activity, the AIDS epidemic with what they call the children. They invite in senior citizens AIDS rate of infection is starting to ABC plan, a public health education who come in for the only meal of the come down ever so gradually. He be- plan which doesn’t have a lot of money day that is worthwhile, and they try to lieves he is on the right course to deal for wonder drugs, but it has a lot of de- give them some encouragement and with this epidemic. termination and resources dedicated to maybe some basic things they need to Do you know where the Global AIDS fighting AIDS. The ABC plan is very survive. Fund money comes from? Some of it basic in countries with limited edu- They told us a story about the senior comes from us, taxpayers who con- cation, limited resources: A, abstinence citizens being brought to the center. tribute to the Global AIDS Fund. As we when it comes to sexual activities; B, There is no place for them to go in this contribute and he is successful, fewer to be faithful to one partner; C, if you terrible slum. When they first started children are infected; fewer children are going to ignore the other two, use bringing them in, most were brought in are orphaned. There is more hope for a condom. It is that simple. in wheelbarrows. They could barely their future. The PRESIDING OFFICER. The Sen- walk. The life expectancy in Haiti is 51 I left that visit to Haiti inspired ator has exceeded the 10-minute limit. years of age. If you are 60 or 70—I met again, as I am every time I visit some Mr. DURBIN. I ask unanimous con- people who are even older—it is a rar- of the poorest places in the world. You sent for an additional 10 minutes. ity, but you obviously have some good might think it is depressing to see peo- The PRESIDING OFFICER. Without genetics. But they were still strug- ple living in the worst squalor imag- objection, it is so ordered. gling. inable, to see them holding beautiful Mr. DURBIN. Secretary of State At their center with Hands Together little babies as they stand right next to Colin Powell has been open and candid they offered these senior citizens a open sewers that pigs are rooting about using all of these things to deal basic meal. I saw it. It was beans and through, to see dogs that are so skinny with AIDS. When I told him Senator rice with a few little peppers on the top they can barely walk, to see the living MIKE DEWINE and I had been successful of it, and a vitamin pill. In a matter of conditions which are so horrible. You on the Senate floor in putting in $180 weeks, these same elderly people, who would think that would be so depress- billion more on the global AIDS fight, could barely walk and were brought in ing, but you will find in every one of a big smile crossed his face. in wheelbarrows, were up and moving these places stories of courage, not just Today, 42 million people worldwide around, thanks to Hands Together and the mothers and fathers struggling to are living with HIV/AIDS—5 million to Father Hagan. keep the family together, but people were newly infected last year. We have There is also the center where the like Father Tom Hagan and Hands To- seen 3.1 million AIDS-related deaths in kids are educated, called the Becky gether and Doug Campbell who come 2002. Each year, AIDS deaths claim DeWine Center, named after MIKE and into that setting and say: Let us help. more than the entire population of Chi- Fran’s late daughter. It is wonderful to There are many others. I just men- cago. Life expectancy has dropped see those children come in in their uni- tioned Hands Together. There is World below 40 years of age in 10 countries in forms, 6 days a week. They want to be Vision, CARE, Catholic Relief Services. sub-Saharan Africa. AIDS has already there, learning. The list goes on. Thank goodness they erased 15 years of progress in the worse The reason I tell you this as back- are there. I am glad I had a chance to affected countries. Despite our efforts ground is that amidst all this poverty, see it. to date, this epidemic continues its Haiti faces an AIDS epidemic which is When we came back here to Wash- deadly spread across the globe. As the unparalleled in our hemisphere. When ington, I came back with a renewed disease spreads, unraveling social Bono visited Wheaton College, he said dedication and determination to really structures and decimating populations, to the students: This is a global crisis. work on this issue of global AIDS. the national security implications for It is in our backyard in the Caribbean. Today, I am introducing the Global the United States multiply—in number It is all across Africa. It is moving Coordination of HIV/AIDS Response as well as intensity. across India and Russia and China. We Act. The 107th Congress failed to pass Last year, the National Intelligence have to do something about it. AIDS authorizing legislation. We Council released a report supplying It was that piece of information that should have. President Bush has said in grave statistics for ‘‘the next wave.’’ In led me to go to Haiti. I am glad I did. his State of the Union Address that 5 of the world’s most populous coun- We set up a meeting at the ambas- AIDS will be a top priority in terms of tries, the number of HIV-infected peo- sador’s residence. Ambassador Brian D. global health. ple will grow from 14 million to 23 mil- Curran is our career ambassador. Pre- I am a proud Democrat. I take excep- lion currently to an estimated 50 mil- viously he had been the ambassador to tion to many things this President has lion to 75 million by 2010. Mozambique. He let us meet with Bill done. Let me be the first to stand up The disease infiltrates national ar- Pape, who is known as ‘‘Dr. Pop’’ in the and cheer President George W. Bush. mies, as well as the public sector, French pronunciation. What an impres- That was the right thing to do. That is weakening the country’s ability to gov- sive man. Here was a man who told us the right thing for America to do. I ern and respond to regional threats. As how he had decided as a public health will be standing by his side whenever the number of infections grows, the leader in one of the poorest countries he needs me. I hope we all join him. cost of fighting HIV/AIDS overwhelms to try to eliminate the deaths of chil- The United States should lead the national governments and competes for dren, infants, from diarrhea, a terrible world in fighting this epidemic. the same funds they need to maintain problem in the Third World. These poor The President said he is going to their economy and basic social struc- children, who drink water that is con- commit $15 billion over the next 5 ture. taminated, get sick with diarrhea and years to his new emergency plan for Most governments face a lose-lose throwing up, become dehydrated and AIDS relief. He said only $10 billion of situation: Either they fight AIDS and die. this is new funds. We need to sit down underfund the infrastructures nec- They put together a program that with OMB and see what that actually essary to sustain continued immunity, has virtually eliminated that as a chal- means. The funding sources may be or they continue to build the infra- lenge in Haiti. I am impressed. That is somewhat blurry, but the commitment structures while HIV/AIDS decimates

VerDate Mar 15 2010 22:09 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 0637 Sfmt 0634 E:\2003SENATE\S30JA3.REC S30JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1816 CONGRESSIONAL RECORD — SENATE January 30, 2003 any progress, and they fall victim to it AIDS, and we have to understand that forcement officers who are armed, and watch their state crumble. the disease is not going to wait for our trained and ready to deal with what- On every continent, AIDS is trav- political determination. ever situation may arise. eling along social fault lines and ex- A 15-year-old boy in Botswana faces This legislation will also help off- ploiting the weaknesses, hurting both an 80-percent chance of dying from duty and retired law enforcement offi- lives and economies. AIDS. We have to change his future. To cers protect themselves and their fami- HIV/AIDS is a national security issue do that, the Global CARE Act address- lies. All too often, after they are re- that is as important to our time as the es this epidemic aggressively and hon- leased from prison, violent criminals war on terrorism. It is an economic estly. I hope this bill will provide a seek revenge against the law enforce- issue, a health and safety issue, and it basic blueprint for the United States, ment officers who helped lock them is a moral issue. Without comprehen- and I hope we can join on a bipartisan away. While at a minimum this legisla- sive action, the HIV/AIDS epidemic basis in passing it. I hope my col- tion will even the playing field for off- will worsen, demanding even more at- leagues who read my remarks and fol- duty and retired law enforcement offi- tention and funding. That is why I in- low this debate will believe, as I do, cers, I hope that it will go further and troduce this bill to reset global AIDS that the President has given us a great actually give them an advantage. as a top priority in this Congress. opportunity on a bipartisan basis to This important law enforcement leg- The main purpose of the bill is to stand together and tell the world that islation is especially meaningful to me provide a comprehensive response to this caring Nation is committed to for a number of reasons. First of all, the AIDS pandemic and acknowledge dealing honestly and effectively with through six years of service as a Dep- the growing need for resources. In the the global AIDS crisis. uty Sheriff with Sacramento County, form of specialized initiatives, my bill California, I was able to get first-hand will focus on the growing number of By Mr. CAMPBELL (for himself, experience with the challenges facing AIDS orphans, the lack of health pro- Mr. LEAHY, Mr. HATCH, Mr. our nation’s law enforcement officers. fessionals in AIDS-ravaged countries, REID, Mr. GRAHAM of South As a Deputy Sheriff, I have personally and the lack of access to affordable Carolina, Mr. SCHUMER, Mr. patrolled the streets and encountered treatment for the majority of those af- GRASSLEY, Mr. DORGAN, Mr. plenty of dangerous characters, far too flicted with HIV/AIDS. KYL, Mr. EDWARDS, Mr. SES- many of which were armed and dan- I have designed the Global CARE Act SIONS, Mr. BAUCUS, Mr. DEWINE, gerous. I also clearly learned that a to achieve four major goals: Better co- Mr. WARNER, Ms. CANTWELL, law enforcement officer’s job does not ordination of our own agencies in fight- Mr. NICKLES, Mr. CONRAD, Mr. necessarily end when he or she is off- ing global AIDS; the provision of pro- BURNS, Ms. LANDRIEU, Mr. duty since you never know when you grams that address all components nec- CRAIG, Mr. DOMENICI, Mr. DAY- may come face-to-face with violent essary to support a comprehensive re- TON, Mrs. FEINSTEIN, Mr. COR- criminals. sponse to HIV/AIDS, including preven- NYN, Mrs. LINCOLN, Mr. ALLEN, Finally, now that I serve as a U.S. tion, treatment, care, and investment Mr. SANTORUM, Mr. MCCONNELL, Senator, I have made passing pro-law in broader health systems and national Mr. BUNNING, Mr. NELSON of Ne- enforcement legislation one of my top economies; increased accountability braska, Mr. INHOFE, and Ms. priorities. for the health and policy objectives we STABENOW): Previous versions of this legislation will seek to achieve with our financial S. 253. A bill to amend title 18, have enjoyed the support of over one and human investment; and the ability United States Code to exempt qualified hundred national, state and local law to mobilize the most effective human current and former law enforcement of- enforcement organizations. The Fra- capacity-building tools to address the ficers from State laws prohibiting the ternal Order of Police is a key leader HIV/AIDS pandemic. carrying of concealed handguns; to the among those organizations. For many Last year, I introduced a version of Committee on the Judiciary. years now, the FOP has supported pas- this bill which authorized $2.5 billion in Mr. CAMPBELL. Mr. President, sage of this legislation. I am encour- global AIDS spending for fiscal year today I am pleased to introduce the aged that the FOP has made it clear 2003. For fiscal year 2004, I have pro- Law Enforcement Officers Safety Act that we will be working together once posed authorization levels of $3.35 bil- of 2003. I am also especially pleased to again in our efforts to get this bill lion. The United States, unfortunately, have Senators PATRICK LEAHY and passed and signed into law by Presi- only contributed $1 billion to fighting ORRIN HATCH joining me today as lead dent Bush. I want to take a moment to this epidemic in 2002. With the passage original cosponsors. express my appreciation for Chuck of the Durbin-DeWine amendment, the The Law Enforcement Officers Safety Canterbury, National President of the Senate allocated $1.525 billion in its fis- Act would permit qualified current and FOP, the rest of the FOP’s professional cal year 2003 appropriations bills. This former law enforcement officers to staff and the over 300,000 members of is a breakthrough—a 50-percent in- carry concealed firearms across juris- the FOP they represent, for the letter crease by the United States in its com- dictions. This legislation has several of support for the Law Enforcement Of- mitment. important benefits. First, the Amer- ficers Safety Act of 2003. But these funding levels are still far ican pubic will be safer as off-duty and I am pleased that Judiciary Com- short of the goal. To meet the need, retired law enforcement officers are al- mittee Chairman ORRIN HATCH and our target for fiscal year 2004 should be lowed to carry concealed weapons as Ranking Democratic Member PATRICK in the $3.35 billion range. Frankly, they travel across jurisdictions. If en- LEAHY are playing vital roles in ad- when you look at the world this year, acted into law, the basic net effect of vancing this legislation as lead origi- the global need just to fight HIV/AIDS this legislation will be thousands of ad- nal cosponsors. Over the years, I have stands at $8.2 billion. Despite these ditional police officers on the streets, championed a number of legislative good efforts by the United States, we at zero taxpayer expense. There are initiatives aimed at helping our na- can do more. But other countries in the many examples of off-duty officers tion’s law enforcement officers be bet- world can do more as well. Let them coming to the rescue of American citi- ter supported and protected as they go join the President and the Congress in zens facing dire situations. Hopefully, about their mission of protecting the our commitment to this fight. We have with this bill’s passage, we will hear American people. These accomplish- been shortchanging this epidemic for about even more of these stories in the ments include a public law that con- too long. We take tiny steps in pursuit future. tinues to help state and local law en- of a challenge that is racing away from Terrorists and violent criminals cer- forcement officers acquire life saving us. tainly will not be happy when this bill bullet-proof vests and a federal grant- Because the spread of this disease re- is passed. They will have additional making program that helps our na- mains in its infancy, we have to look worries, and hopefully may be deterred, tion’s schools acquire the School Re- at it in more serious terms. We must because they will not be sure whether source Officers they need to reduce the do more for the 42 million people or not seemingly average citizens are threat of violence in our public schools. worldwide who are living with HIV/ actually off-duty or retired law en- Senators LEAHY and HATCH have played

VerDate Mar 15 2010 22:09 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 0637 Sfmt 0634 E:\2003SENATE\S30JA3.REC S30JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 30, 2003 CONGRESSIONAL RECORD — SENATE S1817 important roles in getting each of jurisdiction, and neither should America’s issued by the governmental agency for which these legislative initiatives accom- police officers. the individual is, or was, employed as a law plished. This is not about firearms—it is about offi- enforcement officer. cer safety. After 11 September 2001, it be- ‘‘(e) DEFINED TERM.—As used in this sec- The key goal of the Law Enforcement came an important public safety and home- tion, the term ‘firearm’ does not include— Officers Safety Act I am introducing land security issue as well. ‘‘(1) any machinegun (as defined in section today has been one of my law enforce- The danger inherent to police work and the 5845 of title 26); ment legislative priorities since I first possibility than an officer will need to re- ‘‘(2) any firearm silencer (as defined in sec- introduced similar legislation back in spond to an emergency situation does not tion 921); and 1997 during the 105th Congress. Since end with the shift. Criminals and terrorists ‘‘(3) any destructive device (as defined in are never off-duty, making law enforcement that time, I have introduced the legis- section 921).’’. officers targets in uniform and out, on duty (b) CLERICAL AMENDMENT.—The table of lation twice more, in 1999 and 2001. For- and off, active or retired. The legislation you sections for such chapter is amended by in- tunately, the Judiciary Committee intend to offer will give us the ability to de- serting after the item relating to section made good progress on conceal carry fend ourselves at all times by providing 926A the following: legislation late last year before the qualified active and retired law enforcement ‘‘926B. Carrying of concealed firearms by 107th Congress completed its work for officers with the authority to carry their qualified law enforcement offi- the year. As we begin anew in the 108th firearms in all U.S. jurisdictions, so long as cers.’’. they have photographic identification issued Congress, I hope we will be able to re- SEC. 3. EXEMPTION OF QUALIFIED RETIRED LAW by the agency for which they are or were em- capture the momentum and finally get ENFORCEMENT OFFICERS FROM ployed. STATE LAWS PROHIBITING THE CAR- this legislation passed and enacted. I applaud you for your leadership and you RYING OF CONCEALED FIREARMS. Just as we worked together in past continuing efforts on behalf of our nation’s (a) IN GENERAL.—Chapter 44 of title 18, years to get things done, I look forward law enforcement officers. It is our hope that United States Code, is further amended by to working with Senators LEAHY and we will finally be able to get a bill to the inserting after section 926B the following: President’s desk in this Congress, and we HATCH to do what it takes to success- ‘‘§ 926C. Carrying of concealed firearms by look forward to working with you on this fully turn this worthy legislation into qualified retired law enforcement officers issue. Please do not hesitate to contact me ‘‘(a) Notwithstanding any other provision the law of the land. Many years of or Executive Director Jim Pasco through my work and persistence may finally be of the law of any State or any political sub- Washington office if we can be of any assist- division thereof, an individual who is a quali- paying off for all of us, especially our ance on this or any other matter. fied retired law enforcement officer and who nation’s law enforcement officers. Sincerely, is carrying the identification required by It is worth noting that the Law En- CHUCK CANTERBURY, subsection (d) may carry a concealed firearm forcement Officers Safety Act of 2003 National President. that has been shipped or transported in legislation being introduced here today S. 253 interstate or foreign commerce, subject to enjoys the strong bipartisan support of Be it enacted by the Senate and House of Rep- subsection (b). thirty-one of my fellow Senators as resentatives of the United States of America in ‘‘(b) This section shall not be construed to Congress assembled, supersede or limit the laws of any State original cosponsors. I urge the rest of SECTION 1. SHORT TITLE. that— my colleagues to join us in supporting This Act may be cited as the ‘‘Law En- ‘‘(1) permit private persons or entities to the successful passage of this impor- forcement Officers Safety Act of 2003’’. prohibit or restrict the possession of con- tant Campbell-Leahy-Hatch legisla- SEC. 2. EXEMPTION OF QUALIFIED LAW EN- cealed firearms on their property; or tion. FORCEMENT OFFICERS FROM STATE ‘‘(2) prohibit or restrict the possession of I ask unanimous consent that the LAWS PROHIBITING THE CARRYING firearms on any State or local government OF CONCEALED FIREARMS. text of the legislation I am introducing property, installation, building, base, or (a) IN GENERAL.—Chapter 44 of title 18, park. today, the Law Enforcement Officers United States Code, is amended by inserting ‘‘(c) As used in this section, the term Safety Act of 2003, and the Fraternal after section 926A the following: ‘qualified retired law enforcement officer’ Order of Police’s letter of support, be ‘‘§ 926B. Carrying of concealed firearms by means an individual who— included in the CONGRESSIONAL RECORD qualified law enforcement officers ‘‘(1) retired in good standing from service immediately following my remarks. ‘‘(a) Notwithstanding any other provision with a public agency as a law enforcement There being no objection, the bill was of the law of any State or any political sub- officer, other than for reasons of mental in- ordered to be printed in the RECORD, AS division thereof, an individual who is a quali- stability; fied law enforcement officer and who is car- ‘‘(2) before such retirement, was authorized FOLLOWS: rying the identification required by sub- by law to engage in or supervise the preven- GRAND LODGE, section (d) may carry a concealed firearm tion, detection, investigation, or prosecution FRATERNAL ORDER OF POLICE, that has been shipped or transported in of, or the incarceration of any person for, Washington, DC, January 24, 2003. interstate or foreign commerce, subject to any violation of law, and had statutory pow- Hon. BEN NIGHTHORSE CAMPBELL, subsection (b). ers of arrest; U.S. Senate, ‘‘(b) This section shall not be construed to ‘‘(3)(A) before such retirement, was regu- Washington, DC. supersede or limit the laws of any State larly employed as a law enforcement officer DEAR SENATOR CAMPBELL: On behalf of the that— for an aggregate of 15 years or more; or more than 300,000 members of the Fraternal ‘‘(1) permit private persons or entities to ‘‘(B) retired from service with such agency, Order of Police, I am writing to advise you prohibit or restrict the possession of con- after completing any applicable proba- or our strong support for legislation you in- cealed firearms on their property; or tionary period of such service, due to a serv- tend to introduce to exempt qualified active ‘‘(2) prohibit or restrict the possession of ice-connected disability, as determined by and retired law enforcement officers from firearms on any State or local government such agency; State and local prohibitions with respect to property, installation, building, base, or ‘‘(4) has a nonforfeitable right to benefits the carrying of firearms. The passage of this park. under the retirement plan of the agency; legislation has been designated the top legis- ‘‘(c) As used in this section, the term ‘‘(5) during the most recent 12-month pe- lative priority of the Fraternal Order of Po- ‘qualified law enforcement officer’ means an riod, has met, at the expense of the indi- lice and we are proud to have a former law employee of a governmental agency who— vidual, the State’s standards for training and enforcement officer as the sponsor of this ‘‘(1) is authorized by law to engage in or qualification for active law enforcement offi- bill. supervise the prevention, detection, inves- cers to carry firearms; and Having served six years as a Deputy Sheriff tigation, or prosecution of, or the incarcer- ‘‘(6) is not prohibited by Federal law from in Sacramento County, you know firsthand ation of any person for, any violation of law, receiving a firearm. the challenges faced by our nation’s law en- and has statutory powers of arrest; ‘‘(d) The identification required by this forcement officers. Police officers put their ‘‘(2) is authorized by the agency to carry a subsection is photographic identification lives on the line every day and are trained firearm; issued by the agency for which the individual throughout their careers to carry and, in ‘‘(3) is not the subject of any disciplinary was employed as a law enforcement officer. worst-case scenarios use, firearms to defend action by the agency; ‘‘(e) DEFINED TERM.—As used in this sec- themselves and the public they are sworn to ‘‘(4) meets standards, if any, established by tion, the term ‘firearm’ does not include— protect. However, the bewildering patchwork the agency which require the employee to ‘‘(1) any machinegun (as defined in section of laws in the States often results in a par- regularly qualify in the use of a firearm; and 5845 of title 26); adox for law enforcement officers, sometimes ‘‘(5) is not prohibited by Federal law from ‘‘(2) any firearm silencer (as defined in sec- placing them in legal and physical jeopardy. receiving a firearm. tion 921); and Criminals and terrorists do not disarm them- ‘‘(d) The identification required by this ‘‘(3) a destructive device (as defined in sec- selves when they travel from jurisdiction to subsection is the photographic identification tion 921).’’.

VerDate Mar 15 2010 22:09 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 0637 Sfmt 0634 E:\2003SENATE\S30JA3.REC S30JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1818 CONGRESSIONAL RECORD — SENATE January 30, 2003 (b) CLERICAL AMENDMENT.—The table of cent of officers who die are killed tak- that national legislation is necessary sections for such chapter is further amended ing law enforcement action while in an because of the current patchwork of by inserting after the item relating to sec- off-duty capacity. On average, more state and local conceal-carry laws. I tion 926B the following: than 62,000 law enforcement officers are have also received letters of support for ‘‘926C. Carrying of concealed firearms by assaulted each year, resulting in some the Law Enforcement Officers Safety qualified retired law enforcement officers.’’. 21,000 injuries. Act from a variety of Vermont law en- Mr. LEAHY. Mr. President, I am Until 2001, violent crime in this coun- forcement officials, including Chief proud to join Senator CAMPBELL to in- try had declined each of the preceding Osburn Glidden of Williston, Officer troduce the ‘‘Law Enforcement Officers 8 years. Indeed, it had declined by 40 Wade Johnson of Hinesburg, Chief Safety Act of 2003,’’ which permits cur- percent since it peaked at 4 million Trevor Whipple of Barre, Officer rent and retired law enforcement offi- violent crimes in 1993. Community po- Bonnie Hotchkiss of Barre, Sergeant cers to carry a firearm and be prepared licing and the outstanding work of so Mike Manning and Sergeant David to assist in dangerous situations. Dur- many law enforcement officers played Yustin of the Vermont State Police, ing his time in the Senate, Senator a vital key in our crime control efforts. and nine Field Supervision Correc- CAMPBELL has been a leader in the area Unfortunately, during the past two tional Officers assigned to the Vermont of law enforcement. As a former deputy years the downward trend in violent Department of Corrections Barre Com- sheriff, he knows the difficulties law crime ended and violent crime turned munity Correctional Service Center. enforcement officers face due to the upward. Last month, the FBI reported As a former State prosecutor, I know patchwork of conceal-carry laws in that crime rose slightly in the first that law enforcement Officers are State and local jurisdictions. He and I half of 2002, including a 2.3 percent in- never ‘‘off-duty.’’ They are dedicated have worked together on several pieces crease in murders. The preliminary public servants trained to uphold the of law enforcement legislation, such as numbers for 2002 follow an increase in law and keep the peace. When there is the Bulletproof Vests Partnership crime in 2001 that was the first in a a threat to our public safety, law en- Grant Acts of 1998 and 2000. I look for- decade, coinciding with a struggling forcement officers are sown to answer ward to working with him on our bi- economy that many experts say could that call. The Law Enforcement Offi- partisan bill. be a contributing factor. Crime rose in cers Safety Act will enable law en- I am pleased that 30 Senators, includ- 2001 by 2.1 percent, compared with the forcement officers in Vermont and ing Judiciary Committee Chairman year before. across the nation to be armed and pre- HATCH and Committee Members SCHU- The Law Enforcement Officers Safety pared when they answer that call, no MER, EDWARDS, FEINSTEIN, GRASSLEY, Act of 2003 is designed to protect offi- matter where, when, or in what form it KYL, SESSIONS, DEWINE, CRAIG, GRA- cers and their families from vindictive comes. HAM, and CORNYN, as well as Assistant criminals and to allow thousands of I urge my colleagues to support the Democratic Leader REID and Assistant equipped, trained and certified law en- Law Enforcement Officers Safety Act Republican Leader MCCONNELL—have forcement officers, whether on or off to make our communities safer and to joined Senator CAMPBELL and me as duty or retired, to carry concealed fire- protect law enforcement officers and original cosponsors of this bill in an ef- arms in most situations, thus enabling their families. fort to make our communities safer them to respond immediately to a Mr. HATCH. Mr. President, today I and better to protect law enforcement crime. Our bipartisan bill will allow rise along with senators CAMPBELL, officers and their families. In the last thousands of equipped, trained and cer- LEAHY, and others to introduce the Congress, Senator HATCH and I worked tified law enforcement officers contin- ‘‘Law Enforcement Officers Safety Act together to reach consensus and have ually to serve and protect our commu- of 2003’’. This bill, which permits quali- the Judiciary Committee approve this nities, regardless of jurisdiction, and at fied current and retired law enforce- legislation by an 18–1 vote. I thank no cost to taxpayers. ment officers to carry a concealed fire- Senator HATCH for his past support and To qualify for the bill’s uniform arm in any jurisdiction, will help pro- look forward to working with him standards a law enforcement officer tect the American public, our Nation’s again on our bipartisan bill. must be authorized to use a firearm by officers, and their families. I would We introduce this measure in the the law enforcement agency where he note that this bill has the over- Senate at the request of the Fraternal or she works, meet the standards of the whelming support of the Fraternal Order of Police, which strongly sup- agency to regularly use a firearm, not Order of Police and other law enforce- ports this legislation to protect officers be prohibited by Federal law from re- ment associations. and their families from vindictive ceiving a firearm, and be carrying a This legislation allows qualified law criminals and to permit officers to re- photo identification issued by the enforcement officers and retired offi- spond immediately to a crime when off agency. cers to carry, with appropriate identi- duty. Last year, when I chaired the Ju- A qualified retired law enforcement fication, a concealed firearm that has diciary Committee, I was honored to officer under the bill must have retired been shipped or transported in inter- work closely with FOP’s National in good standing, have been qualified state or foreign commerce regardless of President, Lt. Steve Young, whose by the agency to carry or use a fire- State or local laws. Importantly, this death earlier this month was a sad loss arm, have been employed at least 15 legislation does not supersede any for all of us. Steve was dedicated to years as a law enforcement officer un- State law that permits private persons this legislation because he understood less forced to retire due to a service- to prohibit or restrict the possession of the importance of having law enforce- connected disability, have a nonforfeit- firearms on any State or local government officers across the nation armed able right to retirement plan benefits ment properties, installations, build- and prepared whenever and wherever of the law enforcement agency, annu- ings, bases or parks. Additionally, this threats to our peace or to our public ally meet State firearms training and bill clearly defines what is meant by safety arise. I will continue my close qualifications that are the same as ac- ‘‘qualified law enforcement officer’’ work with the FOP and its new Na- tive law enforcement officers, not be and ‘‘qualified retired, or former, law tional President, Major Chuck Canter- prohibited by Federal law from receiv- enforcement officer’’ to ensure that bury, to pass this legislation into law. ing a firearm, and be carrying a photo those individuals permitted to carry There are approximately 740,000 identification issued by the agency. concealed firearms are highly trained sworn law enforcement officers cur- I have heard from many representa- professionals. rently serving in the United States. tives of the law enforcement commu- Such legislation not only will provide Since the first recorded police death in nity, including the Fraternal Order of law enforcement officers with a legal 1792, there have been more than 16,400 Police, the National Association of Po- means to protect themselves and their law enforcement officers killed in the lice Officers, the Federal Law Enforce- families when they travel interstate, it line of duty. A total of 1,694 law en- ment Officers Association, the Inter- will also enhance the security of the forcement officers died in the line of national Brotherhood of Police Offi- American public. By enabling qualified duty over the last decade, an average cers, and the California Correctional active duty and retired law enforce- of 170 deaths per year. Roughly 5 per- Peace Officers Association, CCPOA, ment officers to carry firearms, even if

VerDate Mar 15 2010 22:09 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 0637 Sfmt 0634 E:\2003SENATE\S30JA3.REC S30JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 30, 2003 CONGRESSIONAL RECORD — SENATE S1819 off-duty, more trained law enforcement S. 254 trucks made up only a small percent- officers will be on the street to enforce SECTION 1. SHORT TITLE. age of the vehicles on the road, they the law and to respond to crises. This Act may be cited as the ‘‘Kaloko- were used mostly for agriculture and I urge my colleagues to vote in favor Honoko¯ hau National Historical Park Addi- commerce, not as passenger cars. of the passage of this important piece tion Act of 2003.’’ Today, our roads look much dif- of legislation to provide that extra SEC. 2. ADDITIONS TO KALOKO-HONOKO¯ HAU NA- ferent, SUVs and light duty trucks layer of protection to current and re- TIONAL HISTORICAL PARK. comprise more than half of the new car Section 505(a) of P.L. 95–625 (16 U.S.C. tired law enforcement officers, their sales in the United States. 396d(a)) is amended— As a result, the overall fuel economy families, and the public. (1) by striking ‘‘(a) In order’’ and inserting ‘‘(a)(1) In order’’; of our Nation’s fleet is the lowest it By Mr. AKAKA: (2) by striking ‘‘1978,’’ and all that follows has been in two decades, because fuel S. 254. A bill to revise the boundary and inserting ‘‘1978.’’; and economy standards for these vehicles of the Kaloko-Honoko¯ hau National (3) by adding at the end the following new are so much lower than they are for Historical Park in the State of Hawaii, paragraphs: other passenger vehicles. and for other purposes; to the Com- ‘‘(2) The boundaries of the park are modi- The bill we are introducing today mittee on Energy and Natural Re- fied to include lands and interests therein would change that, SUVs and other comprised of Parcels 1 and 2 totaling 2.14 light duty trucks would have to meet sources. acres, identified as ‘Tract A’ on the map en- Mr. AKAKA. Mr. President, I rise titled ‘Kaloko-Honoko¯ hau National Histor- the same fuel economy requirements today to introduce the Kaloko- ical Park Proposed Boundary Adjustment’, by 2011 that passenger cars meet today. Honoko¯ hau National Historical Park numbered PWR (PISO) 466/82,043 and dated The National Highway Traffic Safety Addition Act of 2003. This bill passed April 2002. Administration, NHTSA, has proposed the Senate by unanimous consent in ‘‘(3) The maps referred to in this sub- phasing in an increase in fuel economy the 107th Congress, and I hope that it section shall be on file and available for pub- standards for SUVs and light trucks will receive quick approval again in lic inspection in the appropriate offices of under the following schedule: by 2005, the National Park Service.’’. the 108th Congress. The legislation pro- SUVs and light trucks would have to vides for a small adjustment of the SEC. 3. AUTHORIZATIONS OF APPROPRIATIONS. average 21.0 miles per gallon; by 2006, There are authorized to be appropriated Park’s boundaries to permit the pur- SUVs and light trucks would have to such sums as may be necessary to carry out average 21.6 miles per gallon; and by chase of permanent facilities for Park this Act. administrative purposes and to provide 2007, SUVs and light trucks would have visitors with a modest interpretive By Mrs. FEINSTEIN (for herself, to average 22.2 miles per gallon. Last year, the National Academy of center that will help them understand Ms. SNOWE, Ms. COLLINS, Ms. Sciences, NAS, released a report stat- the cultural and historical treasures of CANTWELL, Mr. CORZINE, Mr. ing that adequate lead time can bring the Park. DODD, Mr. DURBIN, Mr. JEF- about substantive increases in fuel Kaloko-Honoko¯ hau National Histor- FORDS, Mr. LEAHY, Mrs. MUR- economy standards. Automakers can ical Park is located along the beautiful RAY, Mr. REED, Mr. SCHUMER, meet higher CAFE standards if existing Kona coast on the island of Hawaii. It and Mrs. CLINTON): technologies are utilized and included was designated as a National Historic S. 255. A bill to amend title 49, in new models of SUVs and light Landmark in 1962 and was established United States Code, to require phased trucks. as a National Historical Park in 1978. increases in the fuel efficiency stand- And earlier this month, the head of The Park was created to preserve, in- ards applicable to light trucks; to re- the National Highway Traffic Safety terpret, and perpetuate traditional Na- quire fuel economy standards for auto- Administration said he favored an in- tive Hawaiian culture. The ocean mobiles up to 10,000 pounds gross vehi- crease in vehicle fuel economy stand- makes up over half of this 1,160-acre cle weight; to increase the fuel econ- ards beyond the 1.5-mile-per-gallon Park, and the boundaries include the omy of the Federal fleet of vehicles, hike slated to go into effect by 2007. culturally significant Kaloko and and for other purposes; to the Com- ‘‘We can do better,’’ said Jeffrey Runge ‘Aimakapa fishponds and ‘Ai‘opio fish mittee on Commerce, Science, and in an interview with Congressional trap. There are also several heiau, or Transportation. Green Sheets. ‘‘The overriding goal Native Hawaiian religious sites, found Mrs. FEINSTEIN. Mr. President, I here is better fuel economy to decrease in the Park. am pleased to join Senators SNOWE, our reliance on foreign oil without In 2001, 54,000 people visited Kaloko- COLLINS, CANTWELL, CORZINE, DODD, compromising safety or American Honoko¯ hau National Historical Park, DURBIN, JEFFORDS, LEAHY, MURRAY, jobs,’’ he said. and the number of visitors continues to REED, CLINTON, and SCHUMER in intro- With this in mind, we have developed increase. In 2002, 70,000 people visited ducing legislation to increase Cor- the following phase-in schedule which the Park, an increase of 16,000 visitors. porate Average Fuel Efficiency, CAFE, would follow up on what NHTSA has We need a facility there that offers ad- Standards for SUVs and other light proposed for the short term and remain ministrative personnel the space and duty trucks. consistent with what the NAS report the resources they need to carry out This bill will close the ‘‘SUV Loop- said is technologically feasible over the their management functions, and pro- hole,’’ and require that SUVs meet the next decade or so: by 2008, SUVs and vides visitors with the opportunity to same fuel efficiency standards as pas- light duty vehicles would have to aver- learn about this important part of Ha- senger cars by 2011. age 23.5 miles per gallon; by 2009, SUVs waii. Rather than erecting a new build- Simply put, this legislation is the and light duty vehicles would have to ing and disturbing the resources within single most important step the United average 24.8 miles per gallon; by 2010, Park boundaries, the better option is States can take to limit dependence on SUVs and light duty vehicles would to locate the facilities nearby on an al- foreign oil and better protect our envi- have to average 26.1 miles per gallon, ready-developed parcel. The bill pro- ronment. by 2011, SUVs and light duty vehicles vides a simple, cost-effective solution If implemented, closing the SUV would have to average 27.5 miles per to the important problems of growing Loophole would: Save the U.S. 1 mil- gallon. visitorship and the need to provide ade- lion barrels of oil a day and reduce our This legislation would do two other quate stewardship of cultural re- dependence on foreign oil imports by 10 things: 1. It would mandate that by sources. I look forward to working with percent. Prevent about 240 million tons 2007 the average fuel economy of the my colleagues in the Senate and in Ha- of carbon dioxide—the top greenhouse new vehicles comprising the Federal waii to make this possible. gas and biggest single cause of global fleet must be 3 miles per gallon higher I ask unanimous consent that the warming from entering the atmosphere than the baseline average fuel economy text of the bill be printed in the each year. Save SUV and light duty for that class. And by 2010, the average RECORD. truck owners hundreds of dollars each fuel economy of the new federal vehi- There being no objection, the bill was year in gasoline costs. cles must be 6 miles per gallon higher ordered to be printed in the RECORD, as CAFE standards were first estab- than the baseline average fuel economy follows: lished in 1975. At that time, light for that class.

VerDate Mar 15 2010 22:09 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 0637 Sfmt 0634 E:\2003SENATE\S30JA3.REC S30JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1820 CONGRESSIONAL RECORD — SENATE January 30, 2003 2. The bill also increases the weight My colleague has been a passionate it is appropriate for the Federal Gov- limit within which vehicles are bound advocate of this proposal, and I am ernment to ensure fuel economy levels by CAFE standards to make it harder proud to work with her again in intro- beyond those expected to result from for automotive manufacturers to build ducing S. 255, our practical, attainable market forces alone.’’ SUVs large enough to become exempt- bill that can garner the kind of broad I believe that fuel economy through ed from CAFE standards. Because support necessary to address this na- better vehicle mileage is probably the SUVs are becoming larger and larger, tional imperative this year. I know most significant and realistic environ- some may become so large that they when we introduced our plan in 2001, mental and energy independence issue will no longer qualify as even SUVs some believed it was too much too we, as leaders, could tackle this year in anymore. soon, while others felt it didn’t go far developing our Nation’s energy policy. We are introducing this legislation enough. But can anyone honestly say Had the Senate boosted fuel economy because we believe that the United we are better off today without noth- standards over a decade ago as pro- States needs to take a leadership role ing? That we are in better shape be- posed by Senators Bryan and Gorton in the fight against global warming. cause we failed to pass what is possible rather than defeating the measure by The International Panel on Climate 2 years ago? three votes, new vehicles would be Change, estimates that the Earth’s av- Just think about where we would be averaging 33 miles per gallon today in- erage temperature could rise by as today, we would be a model year away stead of 24.5 miles per gallon, and the much as 10 degrees in the next 100 from giving consumers greater choices U.S. would have saved more than 1 bil- years, the most rapid change in 10,000 in purchasing more fuel efficient SUVs. lion barrels of oil each and every day. years. And we would also be that much closer Instead, all our vehicles combined This would have a major effect on to controlling our own energy destiny consume 40 percent of our oil, while our way of life. It would melt the polar by reducing our reliance on foreign oil, coughing up 20 percent of U.S. carbon ice caps, decimate our coastal cities, all the more critical at a time when dioxide emissions, the greenhouse gas and cause global climate change. the current strike in Venezuela and the linked to global climate change. To put We are already seeing the effects of situation in Iraq make already volatile this in perspective, the amount of carbon dioxide emission just from U.S. ve- warming: In November, the Los Ange- world oil markets even more precar- hicles alone is the equivalent of the les Times published an article about ious. As an oil analyst with the Deut- fourth highest carbon dioxide emitting the vanishing glaciers of Glacier Na- sche Bank in London recently put it, country in the world. Given these stun- tional Park in Montana. Over a cen- ‘‘The oil markets can stand having one ning numbers, how can we continue to tury ago, 150 of these magnificent gla- thing go wrong, but not two. That’s allow SUVs to spew three times more ciers could be seen on the high cliffs what’s happening with Venezuela and pollution into the air than our pas- and jagged peaks of the surrounding Iraq.’’ mountains of the park. Today, there And it is not as though we haven’t senger cars? And it is not just an environmental are only 35. And these 35 glaciers that been burned by the foreign oil market issue, it is also a pocketbook issue, remain today are disintegrating so before. It is not as though this is some- with rising prices at the pump. In fact, quickly that scientists estimate the thing we have never thought of. This according to DOE’s Energy Informa- park will have no glaciers in 30 years. year is the 30th anniversary of the tion Administration, the typical price This melting seen in Glacier National Arab oil embargo. I recall in the 1970s for regular unleaded gas, now $1.47 per Park can also be seen around the when the day you were allowed to re- gallon, is a full 37 cents higher than world, from the snows of Mt. Kiliman- fuel your car was determined by wheth- just a year ago. Yet ironically, in the jaro in Tanzania to the ice fields be- er the last number of your license plate past quarter century since the last ad- neath Mt. Everest in the Himalayas. was odd or even. Why hasn’t any of this justments were made to CAFE stand- Experts also predict that glaciers in been enough to wean us off this habit? ards, overall fuel economy has actually the high Andes, the Swiss Alps, and Right now, we rely more on foreign fallen to its lowest level since 1980, 24.7 even Iceland could disappear in coming oil than ever. In 2001, 55 percent of the miles per gallon. decades as well. These dwindling gla- U.S. total demand was met by oil from Just think for a moment how much ciers offer the clearest and most visible abroad, up from 37 percent in 1980 the world has changed technologically sign of climate change in America and around the time when the original over the past 25 years. We have seen the rest of the world. CAFE standards took effect, I might the advent of the home computer and Yet, the Administration has walked add, and by 2025 that number will jump the information age. Computers are away from the negotiating table for to a projected 70 percent if we don’t now running our automobiles, and the Kyoto Protocol. This is a big mistake action. With such a large percent- global positioning system devices are take. The United States is now the age of this imported resource coming guiding drivers to their destinations. largest energy consumer in the world, from such a volatile region of the Are we to believe that technology with 4 percent of the world’s popu- world, what do we need to have happen couldn’t have also helped those drivers lation using 25 percent of the planet’s before we feel a sense of urgency? burn less fuel in getting there? Are we energy. We should be a leader when it The fact is, this is an emergency, and going to say that the whole world has comes to combating global warming. we can make a difference. Even just in- transformed, but America doesn’t have The single most effective action our creasing fuel economy standards for the wherewithal to make SUVs that nation can take to limit reliance on SUVs and light trucks by 1.5 miles per get better fuel economy? foreign oil and reduce global warming gallon by model year 2007, which the Well, I don’t believe it, and neither is to increase the fuel efficiency of our administration proposes, would reduce does the National Academy of Sciences vehicles. The simplest way to do this is gasoline consumption by 2.5 billion gal- that issued a report in 2001 in response to simply bring the fuel efficiency lons through that year. Just imagine to Congress’ request the previous year standards for light trucks and sport what we could achieve with the pro- that the NAS study the issue. They utility vehicles, SUVs, into conform- posal Senator FEINSTEIN and I are re- concluded that it was possible to ance with other passenger vehicles. introducing, which would phase-in achieve a more than 40-percent im- I urge my colleagues to support this changes in CAFE requirements in four, provement particularly in light truck legislation. attainable stages that will bring the and SUV fuel economy over a 10–15 Ms. SNOWE. Mr. President, I am standards for SUV’s in line with pas- year period, and that technologies pleased to join with Senator FEINSTEIN senger cars within the next 8 years. exist now for improving fuel economy. today in renewing the call we made in Our legislation is backed by the find- That was a year-and-a-half ago. the 107th Congress for improving vehi- ings of a 2001 National Academy of But, automakers have instead in- cle fuel economy by taking logical Sciences CAFE report that this body vested their new technologies in other steps to close the SUV loophole pro- requested in 2000 on CAFE standards. attributes over the past 13 years. Spe- vided to the ‘‘light truck’’ category in The report clearly states that, ‘‘Be- cifically, there has been a 53-percent the Federal Corporate Average Fuel cause of concerns about greenhouse gas increase in horsepower, a 19-percent in- Economy, or CAFE, Program. emissions and the level of oil imports, crease in weight, an 18-percent increase

VerDate Mar 15 2010 22:09 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00062 Fmt 0637 Sfmt 0634 E:\2003SENATE\S30JA3.REC S30JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 30, 2003 CONGRESSIONAL RECORD — SENATE S1821 for acceleration and, correspondingly, a matter that is slowing Los Alamos median, because the Santa Fe housing a minus eight percent decrease for fuel County, NM, in its efforts to fully re- market is also very unusual, and the economy. The bottom line is that the cover from the Cerro Grande Fire of two-county average helps make more auto industry has had the techno- May 10, 2000. Santa Fe residents eligible for federal logical opportunities to do better but The Cerro Grande fire severely re- assistance on many fronts. chose another road. They tell us this is duced available housing in Los Alamos. I appreciate my colleagues attention what the consumer wants. Indeed, a major deterrent to new hires to this matter, and I know the resi- But maybe that is because, for the is the lack of housing choices in the dents of Los Alamos County will be most part, consumers haven’t been pre- city. The housing market is even tight- grateful for this assistance to allow sented with viable alternatives. Indeed, er because of the loss of about 400 hous- more of them to make use of available a March 2002 poll by the Mellman ing units through the devastating HUD and other affordable housing as- Group shows that nearly three-quarters Cerro Grande Fire. Los Alamos has a sistance programs. of voters nationwide favor increasing population of about 18,000 people. I ask unanimous consent that the the fuel efficiency of vehicles. Another While we have Federal programs to text of the bill be printed in the survey conducted since 9/11 by Green- help low and moderate income Ameri- RECORD. berg Quinlan Rosner Research, Inc., cans find good housing, in Los Alamos There being no objection, the bill was showed that 88 percent of likely voters these programs are ineffective due to ordered to be printed in the RECORD, as support increasing the fuel efficiency the current practice of averaging Los follows: standards for cars and trucks. Alamos County and Santa Fe County S. 258 We have seen what a positive dif- incomes into one Metropolitan Statis- Be it enacted by the Senate and House of Rep- ference changes in CAFE standards can tical Area, MSA. This is harmful to resentatives of the United States of America in make. The NAS panel experts found Los Alamos residents, where the me- Congress assembled, that, as a result of CAFE standards put dian income is about $82,000 because SECTION 1. LOW-INCOME FAMILIES DEFINITION. into law by Congress in 1975, we have the Federal programs use the MSA me- Section 3(b)(2) of the United States Hous- achieved a 75-percent increase in fuel ing Act of 1937 (42 U.S.C. 1437a(b)(2)) is dian income of about $65,000 to deter- amended— economy for cars. Cars went from 15.8 mine participation. Eighty percent of mpg in 1975 to 27.5 mpg in 1985. And, (1) by inserting ‘‘and for Los Alamos Coun- median income is a standard measure. ty in the State of New Mexico,’’ after ‘‘State through CAFE standards, we have seen Santa Fe’s median income of about of New York,’’; a 50-percent increase for light trucks, $40,000 thus becomes a significant fac- (2) by inserting ‘‘, Los Alamos,’’ after from 13.7 mpg in 1975 to 20.7 mpg in tor for a Los Alamos teacher, fireman, ‘‘does not include Westchester’’; 1987. In addition, NAS noted that CAFE or policeman seeking subsidized Fed- (3) by inserting ‘‘, Los Alamos,’’ after ‘‘por- helped maintain fuel economy levels eral assistance. Their incomes in Los tion included Westchester’’; and when market forces might have forced Alamos are deemed to be too high to (4) by inserting before the period at the end the following: ‘‘, and Los Alamos County, fuel economy lower in the passenger qualify for housing because 80 percent fleet. New Mexico, in the Santa Fe metropolitan of $65,00 is used as the maximum al- area’’. I don’t want America’s SUV manu- lowed for assistance. Thus, $52,000 be- facturers to be ‘‘the industry that time comes the effective ceiling for assist- By Mr. HARKIN (for himself and forgot?’’, and history clearly shows ance, when the actual 80 percent ceil- Ms. STABENOW): that the Federal Government must ing figure for Los Alamos incomes is S. 260. A bill to amend the Internal play a role in ensuring that consumers about $65,000. This makes a huge dif- Revenue Code of 1986 to prevent the have a choice in vehicles with high de- ference in a high-priced and competi- continued use of renouncing United grees of fuel economy, an appropriate tive market. The result is that devel- States citizenship as a device for avoid- degree of safety and a minimal impact opers are discouraged from applying for ing United States taxes; to the Com- on our environment. How can we do tax credits and other assistance pro- mittee on Finance. anything less? Closing the SUV loop- grams because their applicants do not Mr. HARKIN. Mr. President, Senator hole will help us achieve these goals, qualify to live in their new or remod- STABENOW and I are introducing legis- and it is an idea whose time has long eled housing projects. lation similar to the measure we pro- since arrived. The Los Alamos County Manager re- posed in the last Congress to effec- When I think back to the balanced ports that not a single County em- tively prevent very rich individuals budget debate in the Senate, many of from reducing their taxes by renounc- us argued that continued deficits would ployee is eligible for housing created ing the U.S. citizenship. It is a com- leave the generations to come with by the Low Income Housing Tax Cred- panion to a measure introduced by mountains of debt, and we had an obli- its. He, like many residents and the Congressman CHARLES RANGEL in 2002. gation to ensure that this did not hap- LANL recruiting effort, remain con- The Joint Tax Committee estimated pen. Today, I say to you that we have cerned that the limited housing supply that it will raise $656 million over 10 a similar obligation to take practical has raised rents and sales prices. Los years from a very few people who I call steps, to make practical tradeoffs to Alamos County is also landlocked by Benedict Arnolds. These people turn ensure that generations to come won’t federal government land ownership. There is a desperate need for afford- their back on their country which pro- be left with a mountain of carbon diox- able housing at a time when, once vided so well for then, in order to avoid ide emissions, with an even greater de- again, our nation is calling upon LANL paying their fair share of U.S. taxes. pendency on foreign oil, with even for helping to meet its internal and Under current law, there are special higher prices at the pump, and with international security needs. rules that apply to these former citi- fewer of our precious natural resources. zens that appear to recover funds lost I urge my colleagues to take the re- This situation also exists around the to the Treasury. However, they are full sponsible road and support the Fein- New York City area, where West- of holes. Under the current regime, for stein-Snowe CAFE standards incre- chester County incomes unfairly raise 10 years after a U.S. citizen renounces mental increases for SUVs and the the metropolitan average to the det- his or her citizenship with a principal light truck category as the right direc- riment of the metropolitan housing purpose of avoiding U.S. taxes, the per- tion to take. market. In that case, Congress agreed to separate Westchester County to ease son is taxed at the rates that would By Mr. DOMENICI (for himself the housing market situation. All I am have applied had he or she remained a and Mr. BINGAMAN): asking in my bill is to accomplish the citizen. In reality, the tax is nominally S. 258. A bill to amend the definition same goal by allowing Los Alamos on a broader base of income and on of low-income families for purposes of County to stand on its own in terms of more types of transactions. In addi- the United States Housing Act of 1937; HUD median income requirements. My tion, if the expatriate dies within 10 to the Committee on Banking, Hous- bill does not simultaneously lower the years of the expatriation, more types ing, and Urban Affairs. Santa Fe County income to its actual of assets are included in his or her es- Mr. DOMENICI. Mr. President, today median, but, rather, allows Santa Fe tate. Unfortunately, the reality is that I rise to bring the Senate’s attention to County to continue to use the higher taxes are very often not paid.

VerDate Mar 15 2010 22:09 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00063 Fmt 0637 Sfmt 0634 E:\2003SENATE\S30JA3.REC S30JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1822 CONGRESSIONAL RECORD — SENATE January 30, 2003 The reality is that once a person has Although these bills do not represent a qualified childcare workers. These are expatriated and removed U.S. assets comprehensive welfare reform pro- major issues given that quality from U.S. jurisdiction, it is extremely posal, they do address what I see as childcare provides low-income children difficult to enforce the current rules, some of the most critical and pressing with the early learning experiences particularly for an entire decade after issues we must deal with as we move they need to do well in school and in the citizenship is renounced. The meas- toward improving the TANF program. life. We know that children in high ure I introduced simply provides that Let me begin by introducing the quality early care are more likely to the very act of renouncing one’s citi- Children First Act on behalf of myself, experience academic success, for exam- zenship triggers the recognition of tax. Mr. KERRY, Mr. DASCHLE, Mr. KENNEDY, ple, higher test scores and an increased So, rather than collecting tax every Ms. LANDRIEU, Mr. SARBANES, Mrs. LIN- likelihood of graduating from high time an asset is sold over the next dec- COLN, Mrs. MURRAY, Mr. LEVIN, Mr. school, and less likely to experience so- ade, my bill treats all of the assets of CORZINE, Mrs. CLINTON, Mr. JOHNSON, cial problems such as being charged in an expatriate as having been sold the Mr. AKAKA, Mr. LEAHY, Mr. DODD, Mr. juvenile court or being aggressive today prior to when the person renounces LAUTENBERG and Mr. REED). ward others. their citizenship. The taxes are due up Since 1996, federal funding for child The Children First Act will address front rather than over time. In regard care assistance under the Child Care these important issues by increasing to estate taxes, rather than attempting and Development Block Grant, CCDBG, funds for the CCDBG by $11.2 billion to collect the tax from the estate of an has significantly increased, making it over 5 years. With these funds, States expatriate not in the U.S. jurisdiction, possible for states to provide more low- will be able to serve approximately 1 my measure taxes the inheritance of an income families with child care assist- million more children nationally. The heir who remain in the United States ance and to expand initiatives to im- bill also contains an increase in the in such a way as to remove any tax prove the quality of child care. This quality set-aside in CCDBG, which will benefit from the renouncement of citi- has been an extremely important en- provide States with funds that can be zenship. deavor. Access to high quality used to train care providers and create $656 million in revenue from these childcare is crucial in helping families and enforce standards of care. very few former citizens is a lot of rev- to work and children to succeed. I urge my colleagues to support this enue that must be made up by loyal Most people agree that the recent important piece of legislation. It will Americans in the form of higher debt employment gains among welfare re- help low-income families work and or taxes that Americans will face. Last cipients can only be sustained if fami- help prepare our children to succeed. year, the Senate passed the measure as lies have access to dependable child Next, I would like to introduce the a part of the Armed Services Tax Fair- care. Studies show that when childcare Education Works Act on behalf of my- ness Act but, unfortunately, the House is available and when families get help self and Mrs. MURRAY, Mr. DODD, Mr. opposed this provision. I am hopeful in paying for care, they are more likely REED, Mr. CORZINE, and Mr. WYDEN. that it can become law this year. Peo- to work. In fact, when I talk to people Since the 1996 changes in our welfare ple should not be able to reduce their in my home State of New Mexico about laws, the number of individuals on wel- taxes by renouncing their citizenship. welfare reform, they identify access to fare has dramatically decreased in childcare as the most important work most States. However, although many By Mr. BINGAMAN (for himself, support we can provide. have successfully left welfare for work Mr. KERRY, Mr. DASCHLE, Mr. Despite the past increases in the over the past several years, too many KENNEDY, Ms. LANDRIEU, Mr. CCDBG, we must do more. Overall, have been left behind because they SARBANES, Mrs. LINCOLN, Mrs. only one out of seven children eligible don’t have a high school degree, have MURRAY, Mr. LEVIN, Mr. for assistance through the CCDBG pro- little or no work history, or are lack- CORZINE, Mrs. CLINTON, Mr. gram receives a subsidy, leaving ap- ing the skills that are important for JOHNSON, Mr. AKAKA, Mr. proximately 12.9 million eligible chil- success in the job market. In addition, LEAHY, Mr. DODD, Mr. LAUTEN- dren without assistance. Less than 25 many of those who have secured work BERG, and Mr. REED): percent of New Mexican children under are working for low wages, receive few S. 261. A bill to amend part A of title the age of six who are eligible for or no benefits, and have limited oppor- IV of the Social Security Act to ex- childcare assistance are currently re- tunity for upward financial mobility. clude child care from the determina- ceiving it. Unfortunately, the need for As we move toward reauthorization, we tion of the 5-year limit on assistance childcare assistance is only likely to must do more to support State efforts under the temporary assistance to increase in the near future. Many to insure that all individuals leaving needy families program, and for other states are currently threatened with welfare have the capacity to obtain purposes; to the Committee on Fi- serious budget shortfalls that threaten employment that will provide long- nance. the availability of funds for numerous term financial independence. The Edu- By Mr. BINGAMAN (for himself, important endeavors, including cation Works Act will do just that. childcare assistance. In addition, the We know that the welfare programs Mr. CORZINE, Mrs. MURRAY, Mr. administration’s recently proposed that have been most successful in help- WYDEN, Mr. DODD, and Mr. TANF plan includes provisions for in- ing parents work and earn more over REED): S. 262. A bill to amend the temporary creased work requirements for recipi- the long run are those that have fo- assistance to needy families program ents. If passed, this would create an in- cused on employment but also make under part A of title IV of the Social creased need for welfare support serv- substantial use of education and train- Security Act to improve the provision ices, especially childcare. Without sub- ing, together with job search and other of education and job training under sidized care, many of our Nation’s poor employment services. Yes, less than 1 that program, and for other purposes; families simply cannot afford to work. percent of Federal TANF funds were to the Committee on Finance. We must not only seek to increase spent on education and training in 2000, access to childcare overall, but also to largely because current law limits the By Mr. BINGAMAN: ensure the improved quality of such extent to which education activities S. 263. A bill to amend part A of title care. Currently, many families receiv- count toward Federal work participa- IV of the Social Security Act to re- ing assistance cannot provide their tion requirements, effectively restrict- quire a comprehensive strategic plan children with a high quality childcare ing how long individuals can partici- for the State temporary assistance to setting. In part, this is because the pate in training and also capping how needy families program and to give childcare reimbursement rates are so many people can receive these services. States the flexibility to implement in- low that many of the higher quality The Education Works Act would novative welfare programs that have providers do not accept state-sub- change this by: clarifying that states been effective in other States; to the sidized children into their programs. have the flexibility to allow participa- Committee on Finance. Low salaries and the lack of health tion in postsecondary, vocational Mr. BINGAMAN. Mr. President, I rise care and other benefits also make it English as a Second Language, and today to introduce three welfare bills. difficult to attract and retain highly basic adult education programs by

VerDate Mar 15 2010 22:09 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00064 Fmt 0637 Sfmt 0634 E:\2003SENATE\S30JA3.REC S30JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 30, 2003 CONGRESSIONAL RECORD — SENATE S1823 TANF recipients as part of TANF work assessed; the new State plans would in- SECTION 1. SHORT TITLE. requirements; giving States the flexi- crease compliance with nondiscrimina- This Act may be cited as the ‘‘Children bility to determine how long each re- tion, employment, and civil rights laws First Act of 2003’’. by requiring among other things, bet- SEC. 2. EXCLUSION OF CHILD CARE FROM DE- cipient may participate in education TERMINATION OF 5-YEAR LIMIT. and training activities while receiving ter training of caseworkers, better Section 408(a)(7) of the Social Security Act benefits; giving states the flexibility to communication with welfare clients (42 U.S.C. 608(a)(7)) is amended by adding at provide non-cash assistance in the form about their rights and obligations, an the end the following: of childcare and transportation sup- appeals process, reporting require- ‘‘(H) LIMITATION ON MEANING OF ‘ASSIST- ports to individuals who are partici- ments for complaints, and penalties for ANCE’ FOR FAMILIES RECEIVING CHILD CARE.— pating in a full-time education pro- states that fail to comply with these For purposes of subparagraph (A), any funds gram, without counting these services requirements; the Act would improve provided under this part that are used to provide child care for a family during a month against the 5-year time limit on TANF public awareness of and access to State plans in their entirety and provides op- under the State program funded under this benefits; eliminating the 30 percent cap part shall not be considered assistance under on the number of TANF recipients that portunity for public comment when a the program.’’. can participate in education and train- state plan is pending or being amended. SEC. 3. INCREASE IN FUNDING FOR CHILD CARE. ing programs in fulfillment of their As I mentioned earlier, large num- (a) INCREASE IN FUNDING.—Section 418(a)(3) work requirements. bers of individuals have moved from of the Social Security Act (42 U.S.C. Via TANF waivers, many States have the welfare rolls to work since 1996. 618(a)(3)) is amended— already been operating programs that During the current welfare reauthor- (1) by striking ‘‘and’’ at the end of subpara- do many of the things we’re talking ization, we must look beyond simply graph (E); about here. In other cases, however, putting people to work and focus on (2) by striking the period at the end of subparagraph (F) and inserting a semicolon; and state efforts to provide education and strategies that will help these individuals achieve lasting economic self-suf- (3) by adding at the end the following: training to welfare recipients have ‘‘(G) $3,967,000,000 for fiscal year 2003; been hampered by an inability to use ficiency. Unfortunately, the current ‘‘(H) $4,467,000,000 for fiscal year 2004; TANF funds to support these efforts. content and structure of state plans ‘‘(I) $4,967,000,000 for fiscal year 2005; For example, in my home State, we al- are wholly inadequate to address these ‘‘(J) $5,467,000,000 for fiscal year 2006; and ready have an ‘‘Education Works’’ pro- crucial self-sufficiency concerns. The ‘‘(K) $5,967,000,000 for fiscal year 2007.’’. gram but only 400 participants are en- self-Sufficiency and Accountability (b) INCREASE IN SET ASIDE FOR CHILD CARE Act will address these shortcomings by QUALITY.—Section 658G of the Child Care and rolled statewide, due to funding limita- Development Block Grant Act of 1990 (42 tions. encouraging States to develop concrete strategies designed to move families U.S.C. 9858e) is amended by striking ‘‘4 per- States should be held accountable for cent’’ and inserting ‘‘10 percent’’. toward self-sufficiency. The bill re- decreasing welfare caseloads but also SEC. 4. CLARIFICATION OF AUTHORITY OF for insuring that those entering the quires States to identify and address STATES TO USE TANF FUNDS CAR- workforce have the skills they need to individual and environmental barriers RIED OVER FROM PRIOR YEARS TO to self-sufficiency, describe program PROVIDE TANF BENEFITS AND SERV- become and remain economically self- ICES. sufficient. We need to give all states strategies implemented to promote self-sufficiency, and to assess the Section 404(e) of the Social Security Act the flexibility to implement the types (42 U.S.C. 604(e)) is amended— of programs that they believe will best progress of former welfare families in (1) in the subsection heading, by striking achieve these goals. The Education this regard. ‘‘ASSISTANCE’’ and inserting ‘‘BENEFITS OR The final purpose of this bill is to ad- Works Act is an important step in this SERVICES’’; and dress the issue of increased State flexi- direction and I urge my colleagues to (2) after the heading, by striking ‘‘assist- bility to implement programs that ance’’ and inserting ‘‘any benefit or service support it. that may be provided’’. Finally, I would like to introduce the have been proven effective. After the Self-Sufficiency and Accountability last reauthorization, many states ob- SEC. 5. APPLICATION OF CHILD CARE AND DE- tained and some continue to use TANF VELOPMENT BLOCK GRANT ACT OF Act. This Act has several broad goals: 1990 REPORTING RULES TO TANF to increase state reporting and ac- waivers to develop innovative welfare FUNDS EXPENDED FOR CHILD CARE. countability for welfare dollars that programs that are suited to the specific (a) IN GENERAL.—Section 411(a) of the So- needs of their TANF caseloads and are received, to encourage states to de- cial Security Act (42 U.S.C. 611(a)) is amend- labor market conditions in their ed— velop concrete strategies to help fami- states. This Act would allow states (1) by redesignating paragraph (7) as para- lies move from welfare to self-suffi- that currently have waivers to con- graph (8); and ciency, and to allow states not cur- tinue to operate under those waivers. (2) by inserting after paragraph (6), the fol- rently receiving TANF waivers to do In addition, the Act stipulates that any lowing: so. ‘‘(7) APPLICATION OF CHILD CARE AND DEVEL- state may submit a waiver application First, State plan requirements under OPMENT BLOCK GRANT ACT OF 1990 REPORTING current welfare law are simply not on terms similar or identical to states RULES TO FUNDS EXPENDED FOR CHILD CARE.— that are successfully implementing in- comprehensive enough. Under current Any funds provided under this part that are novative programs. In this way, all law, States can submit plans that con- expended for child care, whether or not States would be provided with the transferred to the Child Care and Develop- tain little information about the serv- flexibility to employ proven strategies ment Block Grant Act of 1990, shall be sub- ices that will be provided, long-range in an effort to address the unique needs ject to the individual and case data reporting or strategic planning, goals or bench- of their welfare clients. requirements imposed under that Act and marks, or how they will insure equi- Taken together, the three bills I have need not be included in the report required by paragraph (1) for a fiscal quarter.’’. table treatment of all welfare clients. introduced today would go a long way In addition, there are currently few (b) CONFORMING AMENDMENT.—Section toward helping people transition from 411(a)(1)(A)(ix) of such Act (42 U.S.C. provisions for informing the public welfare and providing these individuals about the details contained in state 611(a)(1)(A)(ix)) is amended by striking ‘‘food with the skills and supports they need stamps, or subsidized child care, and if the plans. Thus, States have little or no ac- to achieve a lifetime of productive and latter 2,’’ and inserting ‘‘or food stamps, and countability to legislators or to the financially sustaining work. if the latter,’’. public for the billions of welfare dollars I urge my colleagues to support these SEC. 6. EFFECTIVE DATE. they receive each year. three bills and I ask unanimous con- (a) IN GENERAL.—Except as provided in The Self-Sufficiency and Account- sent that the text of the bills be print- subsection (b), the amendments made by this Act shall take effect as if enacted on October ability Act seeks to remedy these defi- ed in the RECORD. cits. Some of the key provisions in- There being no objection, the bills 1, 2002, and shall apply to payments under part A of title IV of the Social Security Act clude the following: comprehensive were ordered to be printed in the state plans would be required to de- for calendar quarters beginning on or after RECORD, as follows: such date, without regard to whether regula- scribe the programs and services that S. 261 tions to implement the amendments are pro- will be offered, eligibility require- Be it enacted by the Senate and House of Rep- mulgated by such date. ments, the purposes and goals for all resentatives of the United States of America in (b) DELAY PERMITTED IF STATE LEGISLA- programs and how these goals will be Congress assembled, TION REQUIRED.—In the case of a State plan

VerDate Mar 15 2010 22:09 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00065 Fmt 0637 Sfmt 0634 E:\2003SENATE\S30JA3.REC S30JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1824 CONGRESSIONAL RECORD — SENATE January 30, 2003 under section 402(a) of the Social Security fact child care subsidies for working this Act shall take effect as if enacted on Oc- Act which the Secretary of Health and parents have been scaled back in a tober 1, 2002, and shall apply to payments Human Services determines requires State number of states. Unfortunately it’s made under part A of title IV of the Social legislation (other than legislation appro- likely that the federal government Security Act for calendar quarters beginning priating funds) in order for the plan to meet may compound those state cuts. The on or after such date, without regard to the additional requirements imposed by the whether regulations to implement the amendments made by this Act, the State FY 2003 Omnibus Appropriations bill amendments are promulgated by such date. plan shall not be regarded as failing to com- passed last week by the Senate would (b) DELAY PERMITTED IF STATE LEGISLA- ply with the requirements of such section cut CCDBG discretionary funds by ap- TION REQUIRED.—In the case of a State plan 402(a) solely on the basis of the failure of the proximately $60.9 million below FY 2002 under section 402(a) of the Social Security plan to meet such additional requirements levels. As a result, 38,000 fewer children Act which the Secretary of Health and before the 1st day of the 1st calendar quarter would have access to child care assist- Human Services determines requires State beginning after the close of the 1st regular ance at a time when only one in seven legislation (other than legislation appro- session of the State legislature that begins eligible children receive services. priating funds) in order for the plan to meet after the date of the enactment of this Act. Increased availability and the qual- the additional requirements imposed by the For purposes of the previous sentence, in the ity of child care helps achieve two im- amendments made by this Act, the State case of a State that has a 2-year legislative plan shall not be regarded as failing to com- session, each year of such session shall be portant goals: First, it enables low-in- ply with the requirements of such section deemed to be a separate regular session of come parents on welfare and parents 402(a) solely on the basis of the failure of the the State legislature. trying to stay off welfare to work and plan to meet such additional requirements Mr. KERRY. Mr. President, today my support their families. And second, it before the 1st day of the 1st calendar quarter colleague Senator BINGAMAN and I are provides the early learning experiences beginning after the close of the 1st regular reintroducing our bill to increase man- that our children need to do well in session of the State legislature that begins datory funding for the Child Care and school. Studies show that when child after the date of enactment of this Act. For purposes of the previous sentence, in the Development Block Grant, CCDBG. Our care is available, and when families get help paying for care, they are more case of a State that has a 2-year legislative legislation, the Children First Act session, each year of such session shall be would increase the mandatory funding likely to work. Children in high qual- deemed to be a separate regular session of stream of CCDBG by $11.2 billion over ity early care score higher on reading the State legislature. the next five years. and math tests, are more likely to S. 263 Congress understands that working complete high school and go onto college, and are less likely to repeat a Be it enacted by the Senate and House of Rep- families need help paying for child resentatives of the United States of America in care. Indeed, funding for CCDBG has grade or get charged in juvenile court. Congress assembled, Increased child care funding is an in- grown significantly over the past sev- SECTION 1. SHORT TITLE. vestment that we cannot afford NOT to eral years. Yet despite these increases, This Act may be cited as the ‘‘Self Suffi- funding still only reaches one in seven make. I look forward to teaming up ciency and Accountability Act of 2003’’. INGAMAN eligible children nationwide, leaving with Senator B in the Finance SEC. 2. COMPREHENSIVE STRATEGIC TANF PLAN. approximately 12.9 million eligible Committee during welfare reauthoriza- (a) IN GENERAL.—Section 402 of the Social children without any assistance. tion to increase CCDBG funding. I urge Security Act (42 U.S.C. 602) is amended to Roughly 500,000 children are on waiting all of my colleagues to join us in the read as follows: lists for help around the country and fight to provide all working families ‘‘SEC. 402. ELIGIBLE STATES; STATE PLAN. 21,000 children are on the waiting list with safe, high-quality child care. ‘‘(a) IN GENERAL.—As used in this part, the for child care assistance in Massachu- S. 262 term ‘eligible State’ means, with respect to setts. Be it enacted by the Senate and House of Rep- a fiscal year, a State that, during the 27- month period ending with the close of the 1st The need for child care assistance in resentatives of the United States of America in Congress assembled, quarter of the fiscal year, has submitted to Massachusetts is tremendous. Cur- SECTION 1. SHORT TITLE. the Secretary, and revised when necessary in rently, 60 percent of Massachusetts This Act may be cited as the ‘‘Education accordance with subsection (b), a written children under age six have mothers in Works Act of 2003’’. plan that the Secretary has found includes the workforce, and 16.4 percent of Mas- SEC. 2. COUNTING EDUCATION AND TRAINING AS the following: sachusetts children under age five live WORK. ‘‘(1) OUTLINE OF FAMILY ASSISTANCE PRO- in poverty. Child care costs at an urban Section 407(d)(8) of the Social Security Act GRAM.— center for a four-year-old averages (42 U.S.C. 607(d)(8)) is amended to read as fol- ‘‘(A) PROGRAMMATIC INFORMATION.—Infor- mation relating to the State program, in- $8,121 per year and the costs for an in- lows: ‘‘(8) participation in vocational edu- cluding the following: fant averages $12,978. That’s 223 percent cational training, postsecondary education, ‘‘(i) With respect to each program that will more than the cost of public college an English-as-a-second-language program, or be funded under this part, or with qualified tuition in Massachusetts! It’s just an adult basic education program;’’. State expenditures claimed by the State to shocking to me, Mr. President, that we SEC. 3. ELIMINATION OF LIMIT ON NUMBER OF meet the requirements of section 409(a)(7), expect families to bear the burden of TANF RECIPIENTS ENROLLED IN VO- over the 2-year period for which the plan is such costly child care services, they CATIONAL EDUCATION OR HIGH being submitted— SCHOOL WHO MAY BE COUNTED TO- simply cannot afford to do it and are ‘‘(I) the name of the program; WARDS THE WORK PARTICIPATION ‘‘(II) the goals of the program; REQUIREMENT. forced either not to work or to leave ‘‘(III) a description of the benefits and Section 407(c)(2) of the Social Security Act their children in substandard, and services provided in the program; many times even dangerous care. (42 U.S.C. 607(c)(2)) is amended by striking subparagraph (D). ‘‘(IV) a description of principal eligibility CCDBG is a critically important pro- rules and populations served under the pro- SEC. 4. NONAPPLICATION OF TIME LIMIT TO IN- gram to helping poor families afford DIVIDUALS WHO DO NOT RECEIVE gram, including the circumstances under child care, but we haven’t done nearly CASH ASSISTANCE AND ARE EN- which the State provides benefits or services enough to fill the existing child care GAGED IN EDUCATION OR EMPLOY- to individuals who are not citizens of the gap. Even combining CCDBG and state MENT. United States; Section 408(a)(7) of the Social Security Act ‘‘(V) a description of how the State will en- child care funding in Massachusetts (42 U.S.C. 608(a)(7)) is amended by adding at sure fair and equitable treatment among pro- only reaches 13 percent of eligible chil- the end the following: gram applicants and recipients and how the dren. ‘‘(H) LIMITATION ON MEANING OF ‘ASSIST- State will provide opportunities for appli- Senator BINGAMAN and I led the ef- ANCE’ FOR CERTAIN INDIVIDUALS.—For pur- cants and recipients who have been adversely fort to increase child care funding dur- poses of this paragraph, child care or trans- affected to be heard in a State administra- ing the welfare reform debate last year portation benefits provided during a month tive or appeal process, including a descrip- and we will do so again this year. But under the State program funded under this tion of the steps that the State has taken (or today there is an even more dire need part to an individual who is participating in will take) to ensure— for child care funding than there was a full-time educational program or who is ‘‘(aa) compliance with nondiscrimination, employed shall not be considered assistance civil rights, and employment laws through- one year ago. State governments face a under the State program.’’. out the process of providing services under fiscal crisis of historical proportions SEC. 5. EFFECTIVE DATE. this part, including at the time of applica- and as a result have been forced to (a) IN GENERAL.—Except as otherwise pro- tion for benefits, during the applicant assess- make severe cuts in social services. In vided in this Act, the amendments made by ment process, when determining availability

VerDate Mar 15 2010 22:09 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00066 Fmt 0637 Sfmt 0634 E:\2003SENATE\S30JA3.REC S30JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 30, 2003 CONGRESSIONAL RECORD — SENATE S1825 of an eligibility for benefits and services, information about individuals and families clauses (i) or (ii) of paragraph (1)(A) for the during the actual delivery of services or ben- applying for or receiving assistance under a fiscal year in which the plan is submitted. efits, and when deciding to terminate bene- program funded under this part, or with ‘‘(4) SPECIAL PROVISIONS.— fits in full or in part; and qualified State expenditures as defined in ‘‘(A) CERTIFICATION REGARDING ASSESSMENT ‘‘(bb) that program applicants and recipi- section 409(a)(7). OF REGIONAL ECONOMIES AND INFORMING LO- ents are aware of their rights and the process ‘‘(v) A description of how the State will en- CALITIES OF SECTORAL LABOR SHORTAGES AND for enforcing their rights; and sure the availability of a stable and profes- IDENTIFICATION OF SELF-SUFFICIENCY STAND- ‘‘(VI) a description of how the program sional workforce in the administration of the ARD.— meets 1 or more of the purposes described in State program under this part with the re- ‘‘(i) IN GENERAL.—A certification by the section 401 or, in the case of a program fund- sources, skills, and expertise necessary to chief executive officer of the State that, dur- ed with qualified State expenditures, how successfully carry out the program, including the fiscal year, the State will— the program meets the criteria in section ing a description of the plan of the State to ‘‘(I) assess its regional economies and pro- 409(a)(7)(B). provide program staff with training on the vide information to political subdivisions of ‘‘(ii) With respect to each program that following: the State about the industrial sectors that will be funded under this part, or with quali- ‘‘(I) Program information and services. are experiencing a labor shortage and that fied State expenditures claimed by the State ‘‘(II) The rights of recipients of assistant provide higher entry-level wage opportuni- to meet the requirements of section 409(a)(7), under all laws applicable to the activities of ties for unemployed and underemployed job over the 2-year period for which the plan is the program, including nondiscrimination seekers identified in accordance with section being submitted and that provides assist- 411(c); and and employment laws. ance— ‘‘(II) identify the self-sufficiency standards ‘‘(III) Cultural diversity and sensitivity. ‘‘(I) a description of the applicable finan- for families after the families cease to re- ‘‘(IV) Referral of recipients of assistance to cial and nonfinancial eligibility rules includ- ceive assistance under the State program all appropriate programs and services for ing, income eligibility thresholds, the treat- funded under this part in accordance with which such recipients are eligible. ment of earnings, asset eligibility rules, and clause (ii). ‘‘(V) Screening of recipients of assistance excluded forms of income; ‘‘(ii) REQUIREMENTS FOR IDENTIFICATION OF for serious barriers to employment and refer- ‘‘(II) a description of applicable work-re- SELF-SUFFICIENCY STANDARDS.— ral to qualified specialists. lated requirements, including which adults ‘‘(I) IN GENERAL.—The State shall provide are required to participate in such activities, ‘‘(vi) A description of the steps that the to the Secretary a document adopted or de- the activities in which they can participate, State has taken to inform applicants for and veloped by the State, that— the criteria for determining the activity an recipients of assistance under the State pro- ‘‘(aa) describes the income needs of fami- adult is assigned to, and the procedures used gram under this part of their rights and obli- lies (in this part referred to as ‘State self- to screen and assess participants for barriers gations under such program. Such descrip- sufficiency standards’) based on family size, to employment including physical or mental tion shall include— the number and ages of children in the fam- impairments, substance abuse, learning dis- ‘‘(I) an explanation of the manner in which ily, and sub-State geographical consider- abilities, domestic violence, inadequate or the State will ensure that such information ations; and unstable housing and very low basic skills; is communicated effectively to all such indi- ‘‘(bb) if the State has a sizeable Native ‘‘(III) a description of applicable time limit viduals, including how the State will provide American population, includes information policies, including the length of the time appropriate translation or interpretation specific to the needs of that population. limit, exemption and extension policies, and services where necessary; and ‘‘(II) CRITERIA.—The State self-sufficiency procedures and policies for providing serv- ‘‘(II) an assurance that the communication standards shall separately specify the ices to families reaching time limits and who of such information will take place through- monthly costs of housing, food, child care, have lost assistance due to time limits; and out the service delivery and processing. transportation, health care, other basic ‘‘(IV) a description of applicable sanction ‘‘(B) INFORMATION ABOUT PROGRAMS DE- needs, and taxes (including tax benefits), and policies and procedures, including the pro- SIGNED OR IMPLEMENTED AT SUB-STATE LEV- shall be determined using national, State gram requirements for which a sanction can ELS.—With respect to any program described and local data on the cost of purchasing be applied for failure to comply, the amount in clauses (i) or (ii) of subparagraph (A) in goods and services in the marketplace. and duration of sanctions, the State-defined which the State permits counties or other ‘‘(III) CATEGORIES OF FAMILIES.—The State criteria that constitute good cause for fail- substate entities to design their own rules self-sufficiency standards shall categorize ing to meet each program requirement for with respect to any of the information re- families— which a sanction may be imposed, how the quired under such clauses, the State plan ‘‘(aa) by whether there are 1 or 2 adults in State will comply with the requirement in shall be designed to reflect the policies of the family; section 407(e)(2), and the procedures in place each such county or substate entity. ‘‘(bb) by whether there are 0, 1, 2, 3, or to identify families who are unable to com- ‘‘(C) STATE GOALS AND BENCHMARKS.—For more than 3 children in the family; and ply with program requirements due to var- each purpose contained in section 401(a), the ‘‘(cc) by the age of each child in the family, ious barriers (such as physical or mental im- State plan shall provide the following infor- according to whether a child is an infant, of pairments, domestic violence, unavailable or mation: pre-school age, of school age, or a teenager. inaccessible child care, illiteracy, lack of ‘‘(i) A description of specific goals the ‘‘(IV) REGULATIONS.—The Secretary shall English proficiency) and procedures for pro- State will attempt to achieve over the suc- prescribe the protocols, criteria, cost cat- viding services to those families rather than ceeding 5-year period to further that pur- egories, definitions, and means of making in- imposing a sanction on them. pose. flation adjustments to be used in developing ‘‘(iii) A description of— ‘‘(ii) A description of how the State intends self-sufficiency standards pursuant to this ‘‘(I) the primary problems that families re- to meet the goals described in clause (i) over clause, which shall be based on commonly ceiving assistance, and families who have re- such 5-year period and a description of the accepted definitions of adequacy, such as cently stopped receiving assistance, under steps the State will take during such period those used for establishing fair market rents, the State program funded under this part, or to work toward achieving such goals. and that reflect, to the extent possible, con- under a program funded with qualified State ‘‘(iii) A description of performance meas- sensus and use among those calculating fam- expenditures as defined in section 407(a)(7), ures that will be used to measure progress ily budgets and self-sufficiency standards. experience in securing and retaining ade- made by the State toward achieving each ‘‘(V) DATA.—The self-sufficiency standards quate, affordable housing and the estimated such goal, including the methodology for developed pursuant to this clause shall be— extent of each such problem, including the computing such measures. Each performance ‘‘(aa) recalculated on adoption if the data price of such housing in various parts of the and outcome measure described in the State on which the standards are based is more State that include a large proportion of re- plan under this subparagraph shall be re- than 3 years old; cipients of assistance under the State pro- ported by the State annually in a form pre- ‘‘(bb) recalculated every 5 years after adop- gram, and the steps that have been and will scribed by the Secretary. tion; and be taken by the State and other public or ‘‘(iv) An identification of those key factors ‘‘(cc) updated for inflation each year after private entities that administer housing pro- external to the program and beyond the con- adoption in which the standards are not be grams to address these problems; and trol of the State that could significantly af- recalculated pursuant to item (bb). ‘‘(II) the methods the State has adopted to fect the attainment of the goals. ‘‘(VI) TECHNICAL ASSISTANCE IN DEVELOPING identify barriers to work posed by the living ‘‘(v) A description of any additional eval- STANDARDS.—The Secretary may provide fi- arrangement, housing cost, and housing lo- uation methods the State will use to meas- nancial or technical assistance to an eligible cation of individuals eligible for participa- ure progress made by the State toward State to enable the State to develop or im- tion in the State program funded under this achieving such goals. prove the State self-sufficiency standards part and the services and benefits that have ‘‘(2) MINIMUM PARTICIPATION RATES.—A de- and produce State reports required by sec- been or will be provided by the State and scription of how the minimum participation tion 411(d). The Secretary shall carry out other public or private entities to help fami- rates specified in section 407 will be satisfied. this paragraph by making a grant to, or en- lies overcome such barriers. ‘‘(3) ESTIMATE OF EXPENDITURES.—An esti- tering into a contract with an organization ‘‘(iv) A description of the steps the State mate of the total amount of State or local or institution with substantial experience in will take to restrict the use and disclosure of expenditures under all programs described in calculating and implementing on the State

VerDate Mar 15 2010 22:09 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00067 Fmt 0637 Sfmt 0634 E:\2003SENATE\S30JA3.REC S30JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1826 CONGRESSIONAL RECORD — SENATE January 30, 2003

level family budgets and self-sufficiency this part to escape domestic violence or un- ‘‘(8) INFORMATION REGARDING CIVIL standards. An organization or institution de- fairly penalize such individuals who are or RIGHTS.—As part of the information collected siring to provide technical assistance de- have been victimized by such violence, or in- and reported under paragraph (1), the State scribed in this subclause shall submit to the dividuals who are at risk of further domestic shall include information on the number of Secretary an application at such time, in violence. complaints filed by applicants for or recipi- such manner, and accompanied by such in- ‘‘(ii) DOMESTIC VIOLENCE DEFINED.—For ents of assistance under the State program formation as the Secretary may require. purposes of this subparagraph, the term ‘do- under this part that allege civil rights or em- ‘‘(B) CERTIFICATION THAT THE STATE WILL mestic violence’ has the same meaning as ployment law violations and the status of OPERATE A CHILD SUPPORT ENFORCEMENT PRO- the term ‘battered or subjected to extreme such complaints, including the number of GRAM.—A certification by the chief executive cruelty’, as defined in section 408(a)(7)(C)(iii). complaints pending at the time the report is officer of the State that, during the fiscal ‘‘(b) PROCEDURES FOR SUBMITTING AND prepared. Such information shall be delin- year, the State will operate a child support AMENDING STATE PLANS.— eated by alleged violation, the number of enforcement program under the State plan ‘‘(1) STANDARD STATE PLAN FORMAT.—The resolutions during the reporting period in approved under part D. Secretary shall, after notice and public com- favor of and against the complainants, and ‘‘(C) CERTIFICATION THAT THE STATE WILL ment, develop a proposed Standard State the average length of time to process com- OPERATE A FOSTER CARE AND ADOPTION AS- Plan Form to be used by States under sub- plaints.’’. SISTANCE PROGRAM.—A certification by the section (a). Such form shall be finalized by (b) ANNUAL REPORTS TO CONGRESS.—Sec- chief executive officer of the State that, dur- the Secretary for use by the State not later tion 411(b) of the Social Security Act (42 ing the fiscal year, the State will operate a than February 1, 2003. U.S.C. 611(b)) is amended— foster care and adoption assistance program ‘‘(2) REQUIREMENT FOR COMPLETED PLAN (1) in paragraph (3), by striking ‘‘and’’ at under the State plan approved under part E, USING STANDARD STATE PLAN FORMAT BY FIS- the end; and that the State will take such actions as CAL YEAR 2004.—Notwithstanding any other (2) in paragraph (4), by striking the period are necessary to ensure that children receiv- provision of law, each State shall submit a and inserting ; and’’; and ing assistance under such part are eligible complete State plan, using the Standard (3) by adding at the end the following: for medical assistance under the State plan State Plan Form developed under paragraph ‘‘(5) the status of civil rights complaints under title XIX. (1), not later than October 1, 2003. filed under this part with the Office of Civil ‘‘(D) CERTIFICATION OF THE ADMINISTRATION ‘‘(3) PUBLIC NOTICE AND COMMENT.—Prior to Rights of the Department of Health and OF THE PROGRAM.—A certification by the submitting a State plan to the Secretary Human Services by applicants for or recipi- chief executive officer of the State speci- under this section, the State shall— ents of assistance under a State program, in- fying which State agency or agencies will ad- ‘‘(A) make the proposed State plan avail- cluding the number of complaints pending at minister and supervise the family assistance able to the public through an appropriate the time the report is prepared delineated by program referred to in paragraph (1) for the State maintained Internet web site and alleged violation, the number of resolutions fiscal year, which shall include assurances through other means as the State deter- during the reporting period in favor of and that local governments and private sector mines appropriate; against the complainants, and the average organizations— ‘‘(B) allow for a reasonable public com- length of time to process complaints.’’. ‘‘(i) have been consulted regarding the plan ment period of not less than 45 days; and and design of welfare services in the State so (c) ANNUAL ASSESSMENT OF REGIONAL ‘‘(C) make comments received concerning that services are provided in a manner ap- ECONOMIES; ANNUAL REPORT ON PROGRAMS such plan or, at the discretion of the State, propriate to local populations; and AND SERVICES LEADING TO SELF-SUFFI- a summary of the comments received avail- ‘‘(ii) have had at least 45 days to submit CIENCY.—Section 411 of the Social Security comments on the plan and the design of such able to the public through such web site and Act (42 U.S.C. 611) is amended by adding at services. through other means as the State deter- the end the following: mines appropriate. ‘‘(E) CERTIFICATION THAT THE STATE WILL ‘‘(c) ASSESSMENT OF REGIONAL ECONOMIES ‘‘(4) PUBLIC AVAILABILITY OF STATE PLAN.— PROVIDE INDIANS WITH EQUITABLE ACCESS TO TO IDENTIFY HIGHER ENTRY LEVEL WAGE OP- A State shall ensure that the State plan, ASSISTANCE.—A certification by the chief ex- PORTUNITIES IN INDUSTRIES EXPERIENCING ecutive officer of the State that, during the that is in effect for any fiscal year, is avail- LABOR SHORTAGES.— fiscal year, the State will provide each mem- able to the public through an appropriate ‘‘(1) IN GENERAL.—An eligible State annu- ber of an Indian tribe, who is domiciled in State maintained Internet web site and ally shall conduct an assessment of its re- the State and is not eligible for assistance through other means as the State deter- gional economies to identify higher entry under a tribal family assistance plan ap- mines appropriate. level wage opportunities in industries experi- proved under section 412, with equitable ac- ‘‘(5) AMENDING THE STATE PLAN.—A State encing labor market shortages. cess to assistance under the State program. shall file an amendment to the State plan ‘‘(2) MATTERS TO BE ASSESSED.— ‘‘(F) CERTIFICATION OF STANDARDS AND PRO- with the Secretary if the State determines ‘‘(A) LABOR MARKET.—The assessment CEDURES TO ENSURE AGAINST PROGRAM FRAUD that there has been a material change in any shall— AND ABUSE.—A certification by the chief ex- information required to be included in the ‘‘(i) identify industries or occupations that ecutive officer of the State that the State State plan or any other information the have or expect to grow, that have or expect has established and is enforcing standards State has included in the plan, including a loss of skilled workers, or that have a need and procedures to ensure against program substantial changes in the use of funding. for workers; fraud and abuse, including standards and Prior to submitting an amendment to the ‘‘(ii) identify the entry-level education and procedures concerning nepotism, conflicts of State plan to the Secretary, the State skills requirements for the industries or oc- interest among individuals responsible for shall— cupations that have or expect a need for the administration and supervision of the ‘‘(A) make the proposed amendment avail- workers; and State program, kickbacks, and the use of po- able to the public as provided for in para- ‘‘(iii) analyze the entry-level wages and litical patronage. graph (3)(A); benefits in identified industries or occupa- ‘‘(G) OPTIONAL CERTIFICATION OF STANDARDS ‘‘(B) allow for a reasonable public com- tions. AND PROCEDURES TO ENSURE THAT THE STATE ment period of not less than 45 days; and ‘‘(B) JOB SEEKERS.—The assessment shall WILL SCREEN FOR AND IDENTIFY DOMESTIC VIO- ‘‘(C) make the comments available as pro- create a profile in each regional economy in LENCE.— vided for in paragraph (3)(C).’’. the State, of the characteristics of the unem- ‘‘(i) IN GENERAL.—At the option of the (b) CONFORMING AMENDMENT.—Section ployed and underemployed residents of such State, a certification by the chief executive 408(a)(5)(B)(i) of the Social Security Act (42 regional economy, including educational at- officer of the State that the State has estab- U.S.C. 608(a)(5)(B)(i)) is amended by striking tainment, barriers to employment, geo- lished and is enforcing standards and proce- ‘‘referred to in section 402(a)(4)’’. graphic concentrations, self-sufficiency dures to— SEC. 3. MONITORING OF FEDERAL AND STATE EF- needs, and availability and utilization of ‘‘(I) screen and identify individuals receiv- FORTS; ASSESSMENT OF REGIONAL need support services. ing assistance under this part with a history ECONOMIES. ‘‘(C) EDUCATION AND TRAINING INFRASTRUC- of domestic violence while maintaining the (a) GENERAL REPORTING REQUIREMENT.— TURE.—The assessment shall create a profile, confidentiality of such individuals; Section 411(a) of the Social Security Act (42 in each regional economy in the State of the ‘‘(II) refer such individuals to counseling U.S.C. 611(a)) is amended— education, training, and support services in and supportive services; and (1) by redesignating paragraph (7) as para- place in such regional economy to prepare ‘‘(III) waive, pursuant to a determination graph (9); and workers for the industries or occupations of good cause, other program requirements (2) by inserting after paragraph (6), the fol- identified pursuant to subparagraph (A). such as time limits (for so long as necessary) lowing: ‘‘(D) ALIGNING INDUSTRIES AND JOB SEEK- for individuals receiving assistance, resi- ‘‘(7) SELF-SUFFICIENCY STANDARD.—The re- ERS.—The assessment shall compare the dency requirements, child support coopera- port required by paragraph (1) for a fiscal characteristics of the industries or occupation requirements, and family cap provi- quarter shall include a description of the tions identified pursuant to subparagraph sions, in cases where compliance with such self-sufficiency standard identified for fami- (A) to the profile of the job seekers in the requirements would make it more difficult lies in accordance with section State and the profile of the education and for individuals receiving assistance under 402(a)(4)(A)(ii). training infrastructure in the State.

VerDate Mar 15 2010 22:09 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00068 Fmt 0637 Sfmt 0634 E:\2003SENATE\S30JA3.REC S30JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 30, 2003 CONGRESSIONAL RECORD — SENATE S1827 ‘‘(3) SHARING OF INFORMATION WITH LOCAL- subsection which would otherwise expire on S. 264. A bill to amend title XXI of ITIES.—The State shall share with all coun- a date that occurs during the period that be- the Social Security Act to extend the ties, municipalities, local workforce invest- gins on October 1, 2002, and ends on Sep- availability of allotments to States for ment boards established under section 117 of tember 30, 2007, the State may elect to con- fiscal years 1998 through 2000, and for the Workforce Investment Act of 1998 (29 tinue to operate under that waiver, on the U.S.C. 2832), and other appropriate political same terms and conditions as applied to the other purposes; to the Committee on subdivisions of the State, information ob- waiver on the day before such date, through Finance. tained pursuant to this subsection regarding September 30, 2007.’’. Ms. CANTWELL. Mr. President, I higher entry-wage job opportunities in in- (b) APPROVAL OF WAIVERS TO DUPLICATE rise today to introduce the Children’s dustries experiencing labor shortages, and INNOVATIVE PROGRAMS.—Section 415 of the Health Protection and Eligibility Act. information regarding opportunities for col- Social Security Act (42 U.S.C. 615), as amend- I am delighted to be joined on this bill laboration with institutions of higher edu- ed by subsection (a), is further amended by by my good friend, Senator PATTY cation, community-based organizations, and adding at the end the following: URRAY URRAY economic development and welfare agencies. ‘‘(f) REQUIREMENT TO APPROVE WAIVERS TO M . Senator M has been a ‘‘(4) REPORTS OF ASSESSMENT OF REGIONAL DUPLICATE INNOVATIVE PROGRAMS.— champion for children’s health issues ECONOMIES.—Each eligible state shall submit ‘‘(1) IN GENERAL.—Notwithstanding any throughout her career in the Senate. to the Secretary annually a report that con- other provision of law, if a State submits an This important legislation addresses tains the annual assessment conducted pur- application for a waiver of 1 or more require- the allocation of budgeted but unspent suant to this subsection. ments of this part that contains terms that SCHIP funds that are currently out of ‘‘(d) ANNUAL REPORT ON PROGRAMS AND are similar or identical to the terms of a reach of States and, under current law, SERVICES LEADING TO SELF-SUFFICIENCY.—A waiver eligible to be continued under sub- are scheduled to be returned to the State to which a grant is made under section section (e), and the application satisfies the 403(a) for a fiscal year shall submit to the requirements of paragraph (2), the Sec- Federal treasury. This legislation also Secretary a report that describes, with re- retary— helps those States with the highest un- spect to the preceding fiscal year— ‘‘(A) shall approve the application for a pe- employment rates use more of their ‘‘(1) a description of the ways in which the riod of at least 2 years, but not more than 4 SCHIP dollars to provide health insur- State program funded under this part, and years, unless the Secretary determines that ance coverage for low-income children. support services provided by the State to re- approval would be inconsistent with the pur- Washington State is in the middle of cipients of assistance under that program, poses of this part set forth in section 401; an economic crisis resulting from a moved families toward self-sufficiency, and ‘‘(B) at the end of the waiver period, shall that highlights the programs and services review documentation of the effectiveness of downturn in both our aviation and that appeared to have a particularly positive the waiver provided by the State; and high-tech sectors. With the jobless rate effect on families achieving self-sufficiency; ‘‘(C) if such documentation adequately at seven percent, we have one of the ‘‘(2) the total family income for families demonstrates that the program as imple- highest unemployment rates in the that left the State program funded under mented under the waiver has been effective, country. 214,300 Washingtonians are un- this part (including earnings, unemployment may renew the waiver for such period as the able to find work. And just over the compensation, and child support); and Secretary determines appropriate, but not last month, our State has lost 2,946 ‘‘(3) the benefits received by families that later than September 30, 2007. jobs, and over 50 percent of those are in have left the State program funded under ‘‘(2) APPLICATION REQUIREMENTS.—An appli- this part (including benefits under the food cation for a waiver described in paragraph (1) the high-paying manufacturing sector. stamp program under the Food Stamp Act of shall— In 2000, before the recession began, 1977, the medicaid program under title XIX, ‘‘(A) describe relevant State caseload char- there were 780,000 uninsured people in the State children’s health insurance pro- acteristics and labor market conditions; Washington State, including 155,000 gram under title XXI, earned income tax ‘‘(B) specify how the waiver is likely to re- children. That number has surely credits, and housing assistance).’’. sult in improved employment outcomes, im- grown as the economy has worsened (d) RESEARCH, EVALUATIONS, AND NATIONAL proved child well-being, or both; and our population has risen. In fact, STUDIES.—Section 413(h) of the Social Secu- ‘‘(C) describe the State’s proposed ap- rity Act (42 U.S.C. 613(h)) is amended by add- proach for evaluation of the program under in October, the Census Bureau reported ing at the end the following: the waiver; and that the number of uninsured increased ‘‘(4) TECHNICAL ASSISTANCE IN ASSESSING ‘‘(D) include an agreement to conduct an for the first time in two years. Sadly, REGIONAL ECONOMIES.— independent evaluation of the waiver and to there are 41.2 million people nation- ‘‘(A) IN GENERAL.—The Secretary may pro- submit the results of the evaluation to the wide without health insurance, 8.5 mil- vide technical assistance to an eligible State Secretary.’’. lion of whom are children. to enable the State to conduct the assess- (c) CONFORMING AMENDMENT.—Section The increasing number of uninsured ments required by section 411(c). 415(b)(1) of the Social Security Act (42 U.S.C. isn’t the only problem facing the ‘‘(B) LIMITATIONS ON AUTHORIZATION OF AP- 615(b)(1)) is amended by inserting ‘‘, extended PROPRIATIONS.—For the cost of providing under subsection (e), or approved under sub- health care system. Last September, technical assistance under subparagraph (A), section (f)’’ after ‘‘(a)’’. the Kaiser Family Foundation reported there are authorized to be appropriated to SEC. 6. EFFECTIVE DATE. the largest increase in health insur- the Secretary not more than $1,500,000 for (a) IN GENERAL.—The amendments made by ance premium costs since 1990, while each fiscal year in which amounts are appro- this Act shall take effect as if enacted on Oc- the Center for Studying Health System priated to carry out the State programs tober 1, 2002. Change found that health care spend- funded under this part.’’. (b) DELAY PERMITTED IF STATE LEGISLA- ing has returned to double-digit growth SEC. 4. PENALTY FOR FAILURE TO COMPLY WITH TION REQUIRED.—In the case of a State plan for the first time since that year. FAIR TREATMENT REQUIREMENTS. under section 402 of the Social Security Act Section 409(a)(7) of the Social Security Act which the Secretary of Health and Human The lack of health insurance has very (42 U.S.C. 609(a)(7)) is amended by adding at Services determines requires State legisla- real consequences. We know that the the end the following: tion (other than legislation appropriating uninsured are four times as likely as ‘‘(C) INCREASE IN APPLICABLE PERCENTAGE funds) in order for the plan to meet the addi- the insured to delay or forego needed FOR FAILURE TO COMPLY WITH FAIR TREATMENT tional requirements imposed by the amend- care, and uninsured children are six REQUIREMENTS.—The applicable percent ments made by this Act, the State plan shall times as likely as insured children to under subparagraph (B)(ii) with respect to a not be regarded as failing to comply with the go without needed medical care. Health State shall be increased by 5 percentage requirements of such section 402 solely on points for any year in which the Secretary the basis of the failure of the plan to meet insurance matters for kids, and cov- determines that the State has failed to com- such additional requirements before the 1st erage today defrays costs tomorrow. ply with the State plan requirements of day of the 1st calendar quarter beginning Five years ago, Congress created a clause (i)(V) or (vi) of section 402(a)(1)(A).’’. after the close of the 1st regular session of new $40 billion State grant program to SEC. 5. WAIVERS. the State legislature that begins after the provide health insurance to low-in- (a) CONTINUATION OF PREWELFARE REFORM date of the enactment of this Act. For pur- come, uninsured children who live in WAIVERS.—Section 415 of the Social Security poses of the previous sentence, in the case of families that earn too much to qualify Act (42 U.S.C. 615) is amended by adding at a State that has a 2-year legislative session, for Medicaid but not enough to afford each year of such session shall be deemed to the end the following new subsection: private insurance. In most States, the ‘‘(e) CONTINUATION OF WAIVERS APPROVED be a separate regular session of the State OR SUBMITTED BEFORE DATE OF ENACTMENT legislature. State Children’s Health Insurance Pro- OF WELFARE REFORM.—Notwithstanding sub- gram, SCHIP has been extremely suc- section (a), with respect to any State that is By Ms. CANTWELL (for herself cessful. Nearly one million children operating under a waiver described in that and Mrs. MURRAY): gained coverage each year through

VerDate Mar 15 2010 22:09 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00069 Fmt 0637 Sfmt 0634 E:\2003SENATE\S30JA3.REC S30JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1828 CONGRESSIONAL RECORD — SENATE January 30, 2003 SCHIP and, by December 2001, 3.5 mil- treasury. Our bill allows States to keep In 2002, before the recession began, lion children were enrolled in the pro- their remaining 1998 and 1999 funds, and there were 155,000 uninsured children in gram. use these funds for the purposes of this Washington State. Current estimates Unfortunately, however, not all legislation. place this number even higher. With States have been able to participate in Second, unused SCHIP dollars from additional layoffs and more families this success, and perversely, the States the fiscal year 2000 allotment are due losing COBRA coverage, the number of that have been left out are those that to be redistributed at the end of fiscal uninsured children will only continue had taken bold initiatives by expand- year 2002 among those States that have to grow. Washington State must have ing their Medicaid programs to cover spent all of their SCHIP funds. Our bill access to its CHIP dollars to prevent low-income children at higher levels of would allow the retention and redis- more children from losing their health poverty. Sadly, the recession and high tribution of these funds as was done care safety net. unemployment means that the health two years ago through the Medicare, Because Washington State was so far insurance coverage we do have for chil- Medicaid, and SCHIP Benefits Improve- ahead of the rest of the Nation in 1997, dren, pregnant women, and low-income ment and Protection Act P.L. 106–554. when CHIP was enacted, our state has individuals is in jeopardy due to State However, under our bill, States that been unable to use its full allocation. A budget crises. had an unemployment rate higher than majority of children who would be eli- Washington State has been a leader six percent for two consecutive months gible for participation in CHIP were al- in providing health insurance to our in 2002 would be eligible to keep all of ready covered in 1997 under the Med- constituents. We have long provided their unspent 2000 SCHIP allotment. icaid program. As a result, Washington optional coverage to Medicaid popu- Third, at State option, for certain State has been unable to count these lations and began covering children up Medicaid expenditures, qualifying children as ‘‘CHIP’’ The federal share to 200 percent of poverty in 1994, three States would receive the difference be- of CHIP is currently 67 percent as op- years before Congress passed SCHIP. tween their Medicaid Federal matching posed to Medicaid, which provides only When SCHIP was enacted in 1997, assistance percentage, or FMAP, and a 50 percent match for Washington most States were prohibited from using their enhanced SCHIP matching rate. state. If the State was able to provide the new funding for already covered This temporary measure would be paid coverage for some of these low income populations. This flaw made it difficult out of a State’s current SCHIP allot- children under CHIP, it would reduce for Washington to access the money ment to ensure children’s health care pressure on our state’s Medicaid pro- and essentially penalized the few coverage does not erode as States face gram. Without this relief, Washington States that had led the nation on ex- enormous budget deficits. States would State will face additional Medicaid re- panding coverage for kids. This means be able to use any remaining funds ductions. Many of the children that that my State only receives the en- from fiscal years 1998, 1999, and 2000 currently have coverage will lose this hanced SCHIP matching dollars for SCHIP allotments, plus ten percent of coverage and join the ranks of the uncovering kids between 200 and 250 per- fiscal 2001, 2002, and 2003 allotments. insured. cent of the Federal poverty level. Finally, our bill allows States that Allowing the number of children Washington has been able to use less have expanded coverage to the highest without insurance to grow is both in- than four percent of the funding the eligibility levels allowed under SCHIP, humane for our children and irrespon- Federal Government gave us for and meet certain requirements, to re- sible for our society. Uninsured chil- SCHIP. ceive the enhanced SCHIP match rate dren are six times as likely as insured Today, Washington has the highest for any kids that had previously been children to go without needed medica- unemployment in the country, an enor- covered above the mandatory level. tion. Uninsured children are more like- mous budget deficit, and may need to Children are the leaders of tomorrow; ly to be treated in the emergency room cut as many as 150,000 kids from the they are the very future of our great than insured children. These children Medicaid roles. Because it is penalized Nation. We owe them nothing less than are showing up more and more in the by SCHIP rules and cannot use funds the sum of our energies, our talents, emergency room to get basic primary like other states, Washington State is and our efforts in providing them a care. The cost of providing this care sending $95 million back to the federal foundation on which to build happy, only increases as their families are treasury or to other States. This defies healthy and productive lives. During forced to delay care. We all pay when common sense, and I do not believe this tough economic time, it is more children go without health insurance that innovative States should be penal- important than ever to maintain exist- coverage. ized for having expanded coverage to ing health care coverage for children in This is not just a question of saving children before the enactment of order to hold down health care costs money. Providing comprehensive, pre- SCHIP. and to keep children healthy. I urge vention-based health insurance to chil- This is why we are introducing the my colleagues to join us in support of dren is a sound investment. Delaying Children’s Health Protection and Eligi- this bill. this care only adds to the overall cost bility Act. This bill will give States the Mrs. MURRAY. Mr. President, I rise of health care, education and our ability to use SCHIP funds more effi- today to join with Senator CANTWELL criminal justice system. This legisla- ciently to prevent the loss of health in introducing the Children’s Health tion that we are introducing puts our care coverage for children. This bill Protection and Eligibility Act. This kids at the front of the line. targets expiring funds to States that important legislation will ensure that I urge my colleagues to join with us otherwise may have to cut health care low income children in Washington in support of this legislation. Let’s coverage for kids. States that have State are not denied access to health send the right message to our States: If made a commitment to insuring chil- insurance coverage. The legislation you do the right thing, you will no dren could use expiring SCHIP funds provides a fair and equitable distribu- longer be denied your fair allocation. and a portion of current SCHIP funds tion of unobligated State balances in Instead, you will be rewarded for put- on a short-term basis to maintain ac- the CHIP program. It ensures that ting children first. cess to health care coverage for all low- States like Washington that have led income children in the State. The bill the Nation in caring for their children By Mrs. BOXER (for herself, Mr. also ensures that all States that have are not denied access to vital CHIP dol- SCHUMER, and Mrs. CLINTON): demonstrated a commitment to pro- lars. It rewards Washington state for S. 265. A bill to amend the Internal viding health care coverage to children putting children first. Revenue Code of 1986 to include sports can access SCHIP funds in the same Washington State is facing the great- utility vehicles in the limitation on manner to support children’s health est fiscal crisis since World War II. Be- the depreciation of certain luxury care coverage. tween June 2001 and November 2002, automobiles; to the Committee on Fi- First, as my colleagues know, 1998 Washington State lost more than 74,000 nance. and 1999 state allotments ‘‘expired’’ at non-farm jobs. This economic recession Mrs. BOXER. Mr. President, today, I the end of fiscal year 2002 and are has hit families in Washington state am introducing the ‘‘The SUV Business scheduled to be returned to the Federal hard. Tax Loophole Closure Act’’ along with

VerDate Mar 15 2010 22:09 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00070 Fmt 0637 Sfmt 0634 E:\2003SENATE\S30JA3.REC S30JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 30, 2003 CONGRESSIONAL RECORD — SENATE S1829 Senator SCHUMER and Senator CLINTON ers and small business owners can still This morning, I chaired a hearing in to close a loophole in tax law that get the tax credit to purchase trucks the Committee on Commerce, Science, some are inappropriately using to de- for hauling or vans for transporting and Transportation on media owner- duct a majority of the cost of the larg- products, I have carved out SUVs very ship. We heard of the difficulties small est SUVs on the market. carefully. The bill specifically allows minority-owned businesses experience To encourage small business growth, the larger deduction for any vehicle when trying to raise the capital nec- Congress has created a number of which: No. 1. does not have the primary essary to enter this business. Minori- mechanisms for small business owners load carrying device or container at- ties are woefully underrepresented in and the self-employed to be able to de- tached; No. 2. has a seating capacity of the ownership of commercial broadcast duct a variety of capital expenses im- more than 12 people; No. 3. is designed facilities. As of December 2000, minori- mediately. In order to keep people for more than 9 persons in seating rear- ties owned an estimated 3.8 percent of from abusing these deductions to buy ward of the driver’s seat; No. 4. is these facilities in the United States, passenger cars for personal use and call equipped with an open cargo area, for despite representing an estimated 29 it a business expense, Congress capped example a pick-up truck or box bed, of percent of the total United States pop- the deduction for car purchases at 72 inches in interior length or more; or ulation. The bill does not mandate $7,660 in the first year, and $4,900 in the No. 5. has an integral enclosure, fully ownership levels by any specific group. second year after the purchase. enclosing the driver compartment and But it does ensure that certain small But to help farmers and small busi- load carrying device and having no businesses are on equal footing with ness owners that need pick-up trucks body section protruding more than 30 large companies. We should ensure that or vans for business purposes, Congress inches ahead of the leading edge of the the American media landscape includes excluded from the car cap those vehi- windshield. This will allow the larger opportunities for these voices to be cles that weigh more than 6,000 pounds. deduction to continue to be taken for heard. Vehicles larger than 6,000 pounds are the purchase of vehicles that small Too often today, new entrants and eligible for the full capital expense— businesses and farmers truly need, in- small businesses lose out on opportuni- $25,000. This tax policy was created be- cluding pick-up trucks and cargo vans. ties to purchase telecom assets because fore the advent of SUVs, many of I know that Congress never intended they don’t offer sellers the same tax which weigh more than 6,000 pounds. for the SUV tax loophole to exist, and treatment as their larger competitors. As a result, people who do not need a I look forward to working with my col- A small purchaser’s cash offer triggers large vehicle for business purposes are leagues to close it. tax liability, while a larger purchaser’s buying the largest Hummer SUVs, Mer- stock offer may be accepted effectively cedes SUVs, BMW SUVs and other By Mr. MCCAIN: S. 267. A bill to amend the Internal tax-free. When an entity chooses to sell super-sized SUVs and deducting a sig- Revenue Code of 1986 to provide for a a telecom business, our tax laws should nificant portion of the cost from their deferral of tax on gain from the sale of not make one bidder more attractive taxes immediately. If they were to buy telecommunications businesses in spe- than another. anything smaller than the largest of cific circumstances or a tax credit and The goal of viewpoint diversity has SUVs, then they would not get the other incentives to promote diversity been at the center of recent debate larger tax deduction because the lower of ownership in telecommunications over media ownership rules. While it is weight puts the SUV under the luxury businesses; to the Committee on Fi- important to discuss the relative mer- car cap. This distorts the market, nance. its of ownership restrictions, we must pushing up demand for the largest of Mr. MCCAIN. Mr. President, today I also consider market-based, voluntary all SUVs at a huge cost to the tax- am introducing the Telecommuni- methods of facilitating entry and di- payer. cations Ownership Diversity Act of versity of ownership. And that’s what To fix this problem, my legislation 2003. This legislation is designed to en- this legislation would do. places the purchases of SUVs weighing sure that more Americans have an op- I ask unanimous consent that the more than 6,000 pounds under the same portunity to provide their distinct full text of the bill be printed in the tax deduction cap placed on the pur- voices in today’s telecommunications RECORD. chase of cars. That would end the mar- marketplace. In addition to providing There being no objection, the bill was ket distorting incentive that encour- competition by certain small busi- ordered to be printed in the RECORD, as ages small business people such as ac- nesses, this bill would encourage own- follows: countants, lawyers, and consultants to ership by individuals who are currently S. 267 buy a Hummer when they do not need underrepresented in the ownership of Be it enacted by the Senate and House of Rep- a Hummer for business purposes. telecommunications companies, in- resentatives of the United States of America in Let me give you an example. Karl cluding minorities and women, by Congress assembled, Wizinsky, a health care consultant in making carefully crafted changes in SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Tele- Michigan, bought a $47,000 Ford Excur- the tax code. sion earlier this year and was able to communications Ownership Diversification The bill would institute market- Act of 2003’’. write off $32,000 of the purchase price based, voluntary measures designed to as a business expense. He was not even SEC. 2. FINDINGS AND PURPOSES. achieve this goal. It would provide sell- (a) FINDINGS.—Congress makes the fol- thinking about buying a new car until ers of telecommunications assets a tax lowing findings: he heard about the deduction. In the deferral when those assets are bought (1) Current trends in the telecommuni- December 18, 2002 Detroit News article, for cash by certain small businesses. It cations industry show that there is increas- he said ‘‘We really did it, bought the would also provide investors an incen- ing convergence among various media, in- SUV, because it is a pretty hefty de- tive to consider certain small busi- cluding broadcasting, cable television, and duction.’’ Now, a health care consult- nesses by providing a reduction in the Internet-based businesses, that provide news, ant may need to carry medical samples information, and entertainment. tax on gains from investment in these (2) This convergence will continue, and around town but he certainly does not companies. therefore, diversifying the ownership of tele- need a 6,000 pound, extra-large SUV to Today, transactions in the telecommunications facilities remains a pre- do it and we should not be subsidizing communications industry are routinely eminent public interest concern that should that purchase. The group ‘‘Taxpayers valued in the billions of dollars. Even be reflected in both telecommunications and for Common Sense’’ estimates that the radio, which has traditionally been a tax policy. SUV tax loophole costs government be- comparatively easier telecom segment (3) A market-based, voluntary system of tween $840 million and $987 million for to enter, has been priced out of the investment incentives is an effective, lawful, every 100,000 SUVs over 6,000 pounds range of most would-be entrants. Given and economically sound means of facili- the significant cost of participating in tating entry and diversification of ownership sold to business. in the telecommunications industry. I propose to fix the problem by in- this industry, the limited club of media (4) Opportunities for new entrants to par- cluding extra-large SUVs under the and other telecommunications owners ticipate and grow in the telecommunications same deduction cap we have in place may not always include certain small industry have substantially decreased since for cars. In order to ensure that farm- businesses. the end of the Federal Communications

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Commission’s tax certificate policy in 1995, ‘‘SEC. 1071. NONRECOGNITION OF GAIN ON CER- ‘‘(3) BASIS.—For basis of property acquired particularly in light of the availability of TAIN SALES OF TELECOMMUNI- on a sale or exchange treated as an involun- tax-free like-kind exchanges, despite the CATIONS BUSINESSES. tary conversion under subsection (a), see sec- most robust period of transfers of radio and ‘‘(a) IN GENERAL.—For purposes of this sub- tion 1033(b). television stations in history. During this title, if a taxpayer elects the application of ‘‘(e) RECAPTURE OF TAX BENEFIT IF TELE- time, businesses owned or controlled by so- this section to a qualified telecommunications sale, such sale shall be treated as an COMMUNICATIONS BUSINESS RESOLD WITHIN 3 cially disadvantaged individuals, including, involuntary conversion of property within but not limited to, members of minority YEARS, ETC.— the meaning of section 1033. groups and women, have continued to be ‘‘(1) IN GENERAL.—If, within 3 years after ‘‘(b) LIMITATION ON AMOUNT OF GAIN ON underrepresented as owners of telecommuni- the date of any qualified telecommuni- WHICH TAX MAY BE DEFERRED.— cations sale, there is a recapture event with cations facilities. ‘‘(1) IN GENERAL.—The amount of gain on (5) Businesses owned or controlled by so- respect to the property involved in such sale, any qualified telecommunications sale which then the purchaser’s tax imposed by this cially disadvantaged individuals are, and his- is not recognized by reason of this section— torically have been, economically disadvan- chapter for the taxable year in which such ‘‘(A) shall not exceed $250,000,000 per sale, event occurs shall be increased by an amount taged in the telecommunications industry. and For these businesses, access to and cost of equal to the product of— ‘‘(B) shall not exceed 1⁄3 of such dollar ‘‘(A) the highest marginal rate of income capital are and have been substantial obsta- amount per taxable year. tax imposed on corporations under section cles to new entry and growth. Consequently, ‘‘(2) CARRYFORWARDS OF UNUSED 11, and diversification of ownership in the tele- AMOUNTS.—If the amount of gain on any ‘‘(B) the lesser of— communications industry has been limited. qualified telecommunications sale which is ‘‘(i) the consideration furnished by the pur- (6) Telecommunications facilities owned by not recognized by reason of this section ex- chaser in such sale, or new entrants may not be attractive to inves- ceeds the limitation imposed by paragraph ‘‘(ii) the dollar amount specified in sub- tors because their start-up costs are often (1)(B) for the taxable year, such excess shall section (b)(1)(A). high, their revenue streams are uncertain, be carried to the succeeding taxable year and ‘‘(2) EXCEPTION FOR REINVESTED AMOUNTS.— and their profit margins are unknown. added to the amount allowable under this Paragraph (1) shall not apply to any recap- (7) It is consistent with the public interest section for such taxable year. ture event which is a sale if— and with the pro-competition policies of the ‘‘(c) QUALIFIED TELECOMMUNICATIONS ‘‘(A) the sale is a qualified telecommuni- Telecommunications Act of 1996 to provide SALE.—For purposes of this section, the term incentives that will facilitate investments ‘qualified telecommunications sale’ means cations sale, or in, and acquisition of, telecommunications any sale to an eligible purchaser of— ‘‘(B) during the 60-day period beginning on facilities by economically and socially dis- ‘‘(1) the assets of a telecommunications the date of such sale, the taxpayer is the advantaged businesses, thereby diversifying business, or purchaser in another qualified telecommuni- the ownership of telecommunications facili- ‘‘(2) stock in a corporation if, immediately cations sale in which the consideration fur- ties. after such sale— nished by the taxpayer is not less than the (8) Increased participation by economically ‘‘(A) the eligible purchaser controls (within amount realized on the recapture event sale. and socially disadvantaged businesses in the the meaning of section 368(c)) such corpora- ‘‘(3) RECAPTURE EVENT.—For purposes of ownership of telecommunications facilities tion, and this subsection, the term ‘recapture event’ will enhance competition in the tele- ‘‘(B) substantially all of the assets of such means, with respect to any qualified telecommunications industry. Permitting sellers corporation are assets of 1 or more telecommunications sale— of telecommunications facilities to defer communications businesses, or ‘‘(A) any sale or other disposition of the as- taxation of gains from transactions involv- ‘‘(3) an interest in a partnership if, imme- sets, stock, or partnership interest referred ing economically and socially disadvantaged diately after such sale— to in subsection (c) which were acquired by businesses, or certain small businesses sup- ‘‘(A) the eligible purchaser owns a partner- the taxpayer in such sale, and ported by investments from the Tele- ship interest possessing— ‘‘(B) in the case of a qualified telecommunications Development Fund that ‘‘(i) at least 80 percent of the total com- communications sale described in paragraph provides capital for such businesses, will fur- bined voting power of all classes of partner- (2) or (3) of subsection (c)— ther the development of a competitive and ship interests entitled to vote, ‘‘(i) any sale or other disposition of a tele- diverse United States telecommunications ‘‘(ii) control over the management of the communications business by the corporation industry without governmental intrusion in partnership, or partnership referred to in such subsection, private investment decisions. ‘‘(iii) at least 80 percent of the capital in- or (9) The public interest would not be served terests of the partnership, and ‘‘(ii) any other transaction which results in by attempts to diversify the ownership of ‘‘(iv) a distributive share of at least 80 per- the eligible purchaser ceasing to be an eligi- telecommunications businesses through any cent of each item of the partnership’s in- ble purchaser, or ceasing to have control (as approach that would involve the use of man- come, gain, loss, deduction or credit, and defined in subsection (c)(2)(A)) of such cor- dated set-asides or quotas. ‘‘(B) substantially all of the assets of such poration or ownership of an interest in such (10) Today, the telecommunications indus- partnership are assets of 1 or more tele- partnership sufficient to satisfy the require- try is struggling to survive one of its most communications businesses. ments of subsection (c)(3)(A). troubling times. Therefore, facilitating vol- ‘‘(d) SPECIAL RULES.— ‘‘(f) DEFINITIONS AND SPECIAL RULES.—For untary, pro-competitive transactions that ‘‘(1) IN GENERAL.—In applying section 1033 purposes of this section— will promote ownership of telecommuni- for purposes of subsection (a), stock of a cor- ‘‘(1) ELIGIBLE PURCHASER.—The term ‘eligi- cations facilities by economically and so- poration or an interest in a partnership oper- ble purchaser’ means— cially disadvantaged businesses and certain ating a telecommunications business, wheth- ‘‘(A) any economically and socially dis- small businesses will aid in providing the in- er or not representing control of such cor- advantaged business, or vestment and capital that is crucial to this poration or partnership, shall be treated as ‘‘(B) any corporation or partnership if im- sector. property similar or related in service or use mediately following the purchase— to the property sold in the qualified tele- (b) PURPOSE.—The purpose of this Act is to ‘‘(i) substantially all the assets of such cor- communications sale. facilitate voluntary, pro-competitive trans- poration or partnership are assets of 1 or ‘‘(2) ELECTION TO REDUCE BASIS RATHER actions that will promote ownership of tele- more telecommunications businesses, and THAN RECOGNIZE REMAINDER OF GAIN.—If— communications facilities by economically ‘‘(ii) the Telecommunications Development ‘‘(A) a taxpayer elects the treatment under Fund established under section 714 of the and socially disadvantaged businesses and subsection (a) with respect to any qualified Communications Act of 1934 (47 U.S.C. 614) or certain small businesses. telecommunications sale, and any wholly-owned affiliate of such Fund ‘‘(B) an amount of gain would (but for this SEC. 3. NONRECOGNITION OF GAIN ON CERTAIN owns at least 5 percent of— QUALIFIED SALES OF TELE- paragraph) be recognized on such sale under ‘‘(I) the stock in such corporation, COMMUNICATIONS BUSINESSES. section 1033(a)(2)(A) in excess of the amount ‘‘(II) the partnership interest in such part- required to be recognized by reason of sub- nership, or (a) IN GENERAL.—Subchapter O of chapter 1 section (b), ‘‘(III) the indebtedness convertible into of the Internal Revenue Code of 1986 (relat- then the amount of gain described in this such stock or partnership interest. ing to gain or loss on disposition of property) subparagraph shall not be recognized to the ‘‘(2) ECONOMICALLY AND SOCIALLY DISADVAN- is amended by inserting after part IV the fol- extent that the taxpayer elects to reduce the TAGED BUSINESS.—The term ‘economically lowing new part: basis of depreciable property (within the and socially disadvantaged business’ means a ‘‘PART V—CERTAIN SALES OF meaning of section 1017(b)(3)) held by the person which is designated by the Secretary TELECOMMUNICATIONS BUSINESSES taxpayer immediately after the sale or ac- as an economically and socially disadvan- quired in the same taxable year. The manner taged business based on a determination that ‘‘Sec. 1071. Nonrecognition of gain on certain and amount of such reduction shall be deter- such person— sales of telecommunications mined under regulations prescribed by the ‘‘(A) meets the control requirements of businesses. Secretary. paragraph (6),

VerDate Mar 15 2010 22:09 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00072 Fmt 0637 Sfmt 0634 E:\2003SENATE\S30JA3.REC S30JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 30, 2003 CONGRESSIONAL RECORD — SENATE S1831 ‘‘(B) will be a telecommunications business it, more than 50 percent of the total com- (2) The table of parts for subchapter O of after the purchase for which the eligibility bined voting power of all partnership inter- chapter 1 of such Code is amended by insert- determination is sought, and ests entitled to vote, and control over the ing after the item relating to part IV the fol- ‘‘(C) before the purchase for which the eli- management of the partnership. lowing new item: gibility determination is sought does not ‘‘(D) 15-PERCENT TEST.—The requirements ‘‘Part V. Certain sales of telecommuni- have— of this subparagraph are satisfied if— cations businesses.’’. ‘‘(i) attributable ownership interest in tele- ‘‘(i) with respect to any entity which is a (c) EFFECTIVE DATE.—The amendments vision broadcast stations having an aggre- corporation— made by this section shall apply to elections gate national audience reach of more than 5 ‘‘(I) individuals who meet the requirements made with respect to any sale on or after the percent as defined by the Federal Commu- of paragraph (7) collectively own at least 15 date of the enactment of this Act. nications Commission under section percent in value of the outstanding stock of SEC. 4. TELECOMMUNICATIONS BUSINESS CRED- 73.3555(e)(2)(i) of title 47 of the Code of Fed- the corporation, and more than 50 percent of IT. eral Regulations as in effect on January 1, the total combined voting power of all class- (a) IN GENERAL.—Subpart E of part IV of 2001, es of stock entitled to vote of the corpora- subchapter A of chapter 1 of the Internal ‘‘(ii) attributable ownership interest in— tion, and Revenue Code of 1986 (relating to rules for ‘‘(I) more than 50 radio stations nationally, ‘‘(II) no other person owns more than 25 computing investment credit) is amended by and percent in value of the outstanding stock of inserting after section 48 the following new ‘‘(II) radio stations with a combined mar- the corporation, and section: ket share exceeding 10 percent of radio ad- ‘‘(ii) with respect to any entity which is a ‘‘SEC. 48A. TELECOMMUNICATIONS BUSINESS vertising revenues in the relevant market as partnership— CREDIT. defined by the Federal Communications ‘‘(I) individuals who meet the requirements ‘‘For purposes of section 46, there is al- Commission, or of paragraph (7) collectively own at least 15 lowed as a credit against the tax imposed by ‘‘(iii) attributable ownership interest in percent of the capital interests in the part- this chapter for any taxable year an amount any other telecommunications business hav- nership, a distributive share of at least 15 equal to 10 percent of the taxable income of ing more than 5 percent of national sub- percent of each item of the partnership’s in- any taxpayer which at all times during such scribers of their respective service. come, gain, loss, deduction, or credit, more taxable year— ‘‘(3) RELEVANT MARKET.—The term ‘rel- than 50 percent of the total combined voting ‘‘(1) is a local exchange carrier (as defined evant market’ means the local radio market power of all classes of partnership interests in section 3(26) of the Communications Act served by the radio station or stations being entitled to vote, and control over the man- of 1934 (47 U.S.C. 153(26))), purchased. agement of the partnership, and ‘‘(2) is not a Bell operating company (as de- ‘‘(4) TELECOMMUNICATIONS BUSINESS.—The ‘‘(II) no other person owns more than 25 fined in section 3(4) of such Act (47 U.S.C. term ‘telecommunications business’ means a percent of the capital interests and profits 153(4))), and business which, as its primary purpose, en- interests in the partnership or a distributive ‘‘(3) is headquartered in an area designated gages in electronic communications and is share of more than 25 percent of any item of as an empowerment zone by the Secretary of regulated by the Federal Communications the partnership’s income, gain, loss, deduc- Housing and Urban Development.’’. Commission pursuant to the Communica- (b) TRANSITIONAL RULE.—Section 39(d) of tion, or credit. tions Act of 1934, including a cable system the Internal Revenue Code of 1986 (relating ‘‘(E) PUBLICLY-TRADED CORPORATION TEST.— (as defined in section 602(7) of such Act (47 to transitional rules) is amended by adding The requirements of this subparagraph are U.S.C. 522(7))), a radio station (as defined in at the end the following new paragraph: satisfied if, with respect to a corporation the section 3(35) of such Act (47 U.S.C. 153(35))), a ‘‘(11) NO CARRYBACK OF SECTION 48A CREDIT securities of which are traded on an estab- broadcasting station providing television BEFORE EFFECTIVE DATE.—No portion of the lished securities market, individuals who service (as defined in section 3(49) of such unused business credit for any taxable year meet the requirements of paragraph (7) col- Act (47 U.S.C. 153(49))), a provider of direct which is attributable to the telecommuni- lectively own more than 50 percent of the broadcast satellite service (as defined in sec- cations business credit determined under total combined voting power of all classes of tion 335(b)(5)(A) of such Act (47 U.S.C. section 48A may be carried back to a taxable stock entitled to vote of the corporation. 335(b)(5)(A))), a provider of video program- year ending on or before the date of the en- ming (as defined in section 602(20) of such ‘‘(F) RESTRICTIONS ON AGREEMENTS CON- actment of section 48A.’’. Act (47 U.S.C. 522(20))), a provider of commer- CERNING VOTING OF STOCK OR PARTNERSHIP IN- (c) CONFORMING AMENDMENTS.— cial mobile services (as defined in section TERESTS.—For purposes of satisfying the re- (1) Section 46 of the Internal Revenue Code 332(d)(1) of such Act (47 U.S.C. 332(d)(1))), a quirements of subparagraph (C), (D), or (E), of 1986 (relating to amount of credit) is telecommunications carrier (as defined in the stock or partnership interest relied upon amended by striking ‘‘and’’ at the end of section 3(44) of such Act (47 U.S.C. 153(44))), a to establish compliance shall not be subject paragraph (2), by striking the period at the provider of fixed satellite service, a reseller to any agreement, arrangement, or under- end of paragraph (3) and inserting ‘‘, and’’, of the communications service or commer- standing which provides for, or relates to, and by adding at the end the following new cial mobile service, or a provider of multi- the voting of the stock or partnership inter- paragraph: channel multipoint distribution service. est in any manner by, or at the direction of, ‘‘(4) the telecommunications business cred- ‘‘(5) PURCHASE.—A taxpayer shall be con- any person other than an eligible individual it.’’. sidered to have purchased a property if, but who meets the requirements of paragraph (7), (2) The table of sections for subpart E of for subsection (d)(2) and the application of or the right of any person other than 1 of part IV of subchapter A of chapter 1 of such section 1033(b), the basis of the property those individuals to acquire the voting power Code is amended by inserting after the item would be its cost within the meaning of sec- through purchase of shares, partnership in- relating to section 48 the following new item: tion 1012. terests, or otherwise. ‘‘48A. Telecommunications business credit.’’. ‘‘(G) CONSTRUCTIVE OWNERSHIP.—In apply- ‘‘(6) CONTROL.— (d) EFFECTIVE DATE.—The amendments ‘‘(A) INDIVIDUALS.—For purposes of para- ing subparagraphs (C), (D), (E), and (F), the made by this section shall apply to taxable graph (2)(A), an individual who meets the re- constructive ownership rules of section 318 years ending after the date of the enactment quirements of paragraph (7) also meets the shall apply, but only if the interests for of this Act. which constructive ownership is claimed are requirements of this paragraph. SEC. 5. EXCLUSION OF 50 PERCENT OF GAIN. not owned, directly or indirectly, by individ- ‘‘(B) ENTITIES.—For purposes of paragraph (a) IN GENERAL.—Section 1202 of the Inter- (2)(A), an entity meets the requirement of uals who do not meet the requirements of nal Revenue Code of 1986 (relating to partial this paragraph if the requirements of subparagraph (7). exclusion for gain from certain small busi- paragraphs (C), (D), or (E) are satisfied. ‘‘(7) INDIVIDUALS.—An individual meets the ness stock) is amended— ‘‘(C) 30-PERCENT TEST.—The requirements requirements of this paragraph if such indi- (1) by adding at the end of subsection (a) of this subparagraph are satisfied if— vidual is— the following new paragraph: ‘‘(i) with respect to any entity which is a ‘‘(A) a United States citizen, and ‘‘(3) CERTAIN TELECOMMUNICATIONS INVEST- corporation, individuals who meet the re- ‘‘(B) a member of an economically or so- MENTS BY CORPORATIONS AND INVESTMENT quirements of paragraph (7) collectively own cially disadvantaged class determined by the COMPANIES.—Gross income shall not include at least 30 percent in value of the out- Secretary to be underrepresented in the own- 50 percent of any gain from the sale or ex- standing stock of the corporation, and more ership of the relevant telecommunications change of stock in an eligible purchaser (as than 50 percent of the total combined voting business.’’. defined in section 1071(f)(1)), engaged in a power of all classes of stock entitled to vote (b) CONFORMING AMENDMENTS.— telecommunications business (as defined in of the corporation, and (1) Sections 1245(b)(5) and 1250(d)(5) of the section 1071(f)(4)) held for more than 5 ‘‘(ii) with respect to any entity which is a Internal Revenue Code of 1986 are each years.’’, partnership, individuals who meet the re- amended— (2) by striking subparagraphs (A) and (B) of quirements of paragraph (7) collectively own (A) by inserting ‘‘section 1071 (relating to subsection (b)(1) and inserting the following at least 30 percent of the capital interests in certain sales of telecommunications busi- new subparagraphs: the partnership, a distributive share of at nesses) or’’ before section 1081’’, and ‘‘(A) in the case of gain from the sale or ex- least 30 percent of each item of the partner- (B) by inserting ‘‘AND 1071’’ before ‘‘1081’’ in change of qualified small business stock held ship’s income, gain, loss, deduction, or cred- the heading thereof. for more than 5 years—

VerDate Mar 15 2010 22:09 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00073 Fmt 0637 Sfmt 0634 E:\2003SENATE\S30JA3.REC S30JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1832 CONGRESSIONAL RECORD — SENATE January 30, 2003 ‘‘(i) $10,000,000 reduced by the aggregate other taxpayer receiving a benefit from the when their Apache helicopter crashed amount of eligible gain taken into account operation of section 48A or 1202 of such Code into the Albanian mountains during a by the taxpayer under subsection (a) for as such section was added or amended by routine training exercise on May 5, prior taxable years attributable to disposi- this Act, and 1999, as U.S. troops joined with our tions of stock issued by such corporation, or (2) an assessment of the effect the amend- ‘‘(ii) 10 times the aggregate adjusted bases ments made by this Act have on increasing NATO allies in a military campaign of qualified small business stock issued by new entry and growth in the telecommuni- against Slobodan Milosevic. As I re- such corporation and disposed of by the tax- cations industry by economically and so- marked at the time, the United States payer during the taxable year, and cially disadvantaged businesses, and the ef- owes Kevin, David and so many other ‘‘(B) in the case of gain from the sale or ex- fect of this Act on enhancing the competi- service members a debt of gratitude change of stock in an eligible purchaser en- tiveness of the telecommunications indus- that we will never be able to repay, for gaged in a telecommunications business for try. they have paid the ultimate sacrifice. more than 5 years— As the Bible says in John, chapter ‘‘(i) $20,000,000 reduced by the aggregate By Mr. VOINOVICH (for himself 15:13, ‘‘Greater love has no man than amount of eligible gain taken into account and Mr. DEWINE): by the taxpayer under subsection (a) for S. 268. A bill to authorize the Pyr- this, that a man lay down his life for prior taxable years attributable to disposi- amid of Remembrance Foundation to his friends.’’ tions of stock issued by an eligible purchaser establish a memorial in the District of We must also remember and honor engaged in a telecommunications business, Columbia and its environs to honor the lives of brave men and women who or members of the Armed Forces of the have lost their lives while defending ‘‘(ii) 15 times the aggregate adjusted bases our freedom during the global cam- of stock of an eligible purchaser engaged in United States who have lost their lives during peacekeeping operations, hu- paign against terrorism. Tragically, a telecommunications business issued by ten service members, including three such eligible purchaser and disposed of by manitarian efforts, training, terrorist the taxpayer during the taxable year.’’, attacks, or covert operations; to the men from the State of Ohio, lost their (3) by striking ‘‘subparagraph (B)’’ in the Committee on Energy and Natural Re- lives on February 21, 2002, when a CH– last sentence of subsection (b)(1) and insert- sources. 47 Chinook helicopter crashed in the ing ‘‘subparagraphs (A)(ii) and (B)(ii)’’, Mr. VOINOVICH. Mr. President, it Philippines. They are Army Captain (4) by striking ‘‘years.’’ in subsection (b)(2) will be ten years ago this October that Bartt Owens of Franklin, OH; Army and inserting ‘‘years or any gain from the Americans watched in horror as a U.S. Chief Warrant Officer Jody Egnor of sale or exchange of stock in an eligible pur- humanitarian effort went terribly Middletown, OH; and Air Force Master chaser engaged in a telecommunications Sgt. William McDaniel of Fort Jeffer- business held for more than 5 years.’’, and askew. As frightening pictures from (5) by striking the period at the end of sub- U.S. troops in Somalia came back to son, OH. As our Nation continues to en- section (b)(3)(A) and inserting ‘‘, and para- the Untied States, a group of students gage in the war against terror, we must graph (1)(B) shall be applied by substituting at Riverside High School in Paines- not forget the sacrifice that these men ‘$10,000,000’ for ‘$20,000,000’.’’. ville, OH watched in shock as a U.S. have made for their country and the (b) EFFECTIVE DATE.—The amendments soldier was dragged through the streets freedom of all Americans. made by this section shall apply to sales on of Mogadishu. These students, con- The patriotism, dedication, and vi- or after the date of the enactment of this sion of the students at Riverside High Act. cerned with the lack of a memorial in School are commendable. I support and SEC. 6. TECHNICAL AND CONFORMING AMEND- our Nation’s Capital to honor members MENTS; REGULATIONS. of our armed forces who lost their lives applaud the work they have done to (a) TECHNICAL AND CONFORMING AMEND- during peacekeeping missions such as make the Pyramid of Remembrance a MENTS.—The Secretary of the Treasury shall, the one in Somalia, felt compelled to reality and I believe it is our duty to not later than 150 days after the date of the take action. honor American men and women in enactment of this Act, submit to the Com- The motivation and vision of these uniform who have lost their lives while mittee on Ways and Means of the House of young people propelled them to spear- serving their country, whether in Representatives and the Committee on Fi- nance of the Senate, a draft of any technical head a campaign to establish a Pyr- peacetime or during war. and conforming amendments of the Internal amid of Remembrance in Washington, I ask unanimous consent that the Revenue Code of 1986 which are necessary to DC, which would honor U.S. service text of the bill be printed in the reflect throughout such Code the amend- men and women who have lost their RECORD. ments made by this Act. lives during peacekeeping operations, There being no objection, the bill was (b) REGULATIONS.—The Secretary of the humanitarian efforts, training, ter- ordered to be printed in the RECORD, as Treasury, in consultation with the Federal rorist attacks, or covert operations. follows: Communications Commission, shall promul- S. 268 gate regulations to implement the amend- The student not only proposed the me- ments made by this Act not later than 90 morial, they created a private non- Be it enacted by the Senate and House of Rep- days after the date of the enactment of this profit foundation to raise the money to resentatives of the United States of America in Act. The regulations shall provide for the de- construct it. Along with the support of Congress assembled, termination by the Secretary of the Treas- their community, who provided legal SECTION 1. ARMED FORCES MEMORIAL. ury as to whether an applicant is an ‘‘eligi- counsel for the students and private (a) DEFINITIONS.—In this section: ble purchaser’’ as defined in section 1071(f) of donations to help fund the project, (1) MAP.—The term ‘‘map’’ means the map referred to in section 8902(a)(3) of title 40, the Internal Revenue Code of 1986 (as added their hard work and dedication has fa- by section 3(a)). The regulations shall fur- United States Code. ther provide that such determinations of eli- cilitated a Pyramid of Remembrance (2) MEMORIAL.—The term ‘‘memorial’’ gibility shall be made not later than 45 cal- which would be built at little or no means the memorial authorized to be estab- endar days after an application is filed with cost to the taxpayer. lished under subsection (b)(1). the Secretary of the Treasury. The regula- In April 2001, the National Capital (b) AUTHORITY TO ESTABLISH MEMORIAL.— tions implementing section 1071(f)(7) of such Memorial Commission, charged with (1) IN GENERAL.—The Pyramid of Remem- Code (as added by section 3) shall be updated overseeing monument construction in brance Foundation may establish a memo- on an ongoing basis not less frequently than Washington, DC, held hearings about rial on Federal land in the area depicted on the map as ‘‘Area II’’ to honor members of every 5 years. the proposed Pyramid of Remem- SEC. 7. BIENNIAL PROGRAM AUDITS BY GAO. the Armed Forces of the United States who Not later than January 1, 2005, and not brance. The Commission recommended have lost their lives during peacekeeping op- later than 2 years thereafter, the Comp- that the memorial be constructed on erations, humanitarian efforts, training, ter- troller General of the United States shall Defense Department land, possibly at rorist attacks, or covert operations. audit the administration of the sections of Fort McNair. The commissioners also (2) COMPLIANCE WITH STANDARDS FOR COM- the Internal Revenue Code of 1986 added or noted that such a memorial would in- MEMORATIVE WORKS.— amended by this Act, and issue a report on deed fill a void in our Nation’s military (A) IN GENERAL.—Except as provided in the results of that audit. The Comptroller monuments. subparagraph (B), the establishment of the General shall include in the report, notwith- On May 6, 1999, I spoke on the Senate memorial shall be in accordance with chap- standing any provision of section 6103 of the ter 89 of title 40, United States Code. Internal Revenue Code of 1986 to the con- floor in honor of two brave American (B) EXCEPTION.—Subsections (b) and (c) of trary— soldiers, Chief Warrant Officer Kevin section 8903 of title 40, United States Code, (1) a list of eligible purchasers (as defined L. Reichert and Chief Warrant Officer shall not apply to the establishment of the in section 1071(f)(1) of such Code) and any David A. Gibbs, who lost their lives memorial.

VerDate Mar 15 2010 22:09 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00074 Fmt 0637 Sfmt 0634 E:\2003SENATE\S30JA3.REC S30JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 30, 2003 CONGRESSIONAL RECORD — SENATE S1833 (c) FUNDS FOR MEMORIAL.— was killed by his stepfather’s pet tiger. (2) by inserting after subsection (f) the fol- (1) USE OF FEDERAL FUNDS PROHIBITED.—Ex- In Loxahatchee, FL, a 58 year-old lowing: cept as provided by chapter 89 of title 40, woman was bitten on the head by a 750 ‘‘(k) PROHIBITED WILDLIFE SPECIES.—The United States Code, no Federal funds may be pound Siberian-Bengal Tiger being term ‘prohibited wildlife species’ means any used to pay any expense incurred from the kept as a pet, and in Quitman, AR, four live lion, tiger, leopard, cheetah, jaguar, or establishment of the memorial. 600 to 800 pound tigers escaped from a cougar.’’. (2) DEPOSIT OF EXCESS FUNDS.—The Pyr- SEC. 3. PROHIBITED ACTS. amid of Remembrance Foundation shall ‘‘private safari’’. Parents living nearby sat in their front yards with high-pow- (a) IN GENERAL.—Section 3 of the Lacey transmit to the Secretary of the Treasury Act Amendments of 1981 (16 U.S.C. 3372) is for deposit in the account provided for in ered rifles, guarding their children at play, frightened that the wild tigers amended— section 8906(b)(1) of title 40, United States (1) in subsection (a)— Code— might attack them. This is a balanced approach that pre- (A) in paragraph (2)— (A) any funds that remain after payment of (i) in subparagraph (A), by striking ‘‘, or’’ all expenses incurred from the establishment serves the rights of those already regu- at the end and inserting a semicolon; of the memorial (including payment of the lated by the Department of Agriculture (ii) in subparagraph (B), by inserting ‘‘or’’ amount for maintenance and preservation under the Animal Welfare Act such as after the semicolon at the end; and required under section 8906(b) of title 40, circuses, zoos, and research facilities. (iii) by adding at the end the following: United States Code); or This Act specifically targets unregu- ‘‘(C) any prohibited wildlife species (sub- (B) any funds that remain on expiration of lated and untrained individuals who ject to subsection (e));’’; the authority for the memorial under section are maintaining these wild cats as ex- (B) in paragraph (3)(B), by inserting ‘‘or’’ 8903(e) of title 40, United States Code. otic pets. after the semicolon at the end; and (C) in paragraph (4), by striking ‘‘para- By Mr. JEFFORDS (for himself, The Captive Wildlife Safety Act represents an emerging consensus on the graphs (1) through (4)’’ and inserting ‘‘para- Mr. ENSIGN, Mr. WYDEN, Mr. need for comprehensive federal legisla- graphs (1) through (3)’’; and LEVIN, and Mr. SMITH): (2) by adding at the end the following: S. 269. A bill to amend the Lacey Act tion to regulate what animals can be kept as pets. The United States De- ‘‘(e) NONAPPLICABILITY OF PROHIBITED Amendments of 1981 to further the con- WILDLIFE SPECIES OFFENSE.— partment of Agriculture states, ‘‘Large servation of certain wildlife species; to ‘‘(1) IN GENERAL.—Subsection (a)(2)(C) does the Committee on Environment and wild and exotic cats such as lions, ti- not apply to— Public Works. gers, cougars, and leopards are dan- ‘‘(A) any zoo, circus, research facility li- Mr. JEFFORDS. Mr. President, I rise gerous animals . . . Because of these censed or registered and inspected by a Fed- today to introduce the Captive Wildlife animals’ potential to kill or severely eral agency, or aquarium; Safety Act, a firm commitment to pro- injure both people and other animals, ‘‘(B) any person accredited by the Associa- tion of Sanctuaries or the American Sanc- tect public safety and the welfare of an untrained person should not keep them as pets. Doing so poses serious tuary Association; wild cats that are increasingly being ‘‘(C) any State college, university, or agen- kept as pets. I am joined by Senator risks to family, friends, neighbors, and the general public. Even an animal cy, State-licensed wildlife rehabilitator, or ENSIGN of Nevada, Senator WYDEN of that can be friendly and lovable can be State-licensed veterinarian; Oregon and Senator LEVIN of Michigan very dangerous.’’ ‘‘(D) any incorporated humane society, as original co-sponsors of this legisla- The American Veterinary Medical animal shelter, or society for the prevention tion. of cruelty to animals; Association also ‘‘strongly opposes the ‘‘(E) any federally-licensed and inspected This bill amends the Lacy Act keeping of wild carnivore species of Amendment of 1981 to bar the inter- breeder or dealer that is conducting any animals as pets and believes that all breeding or dealing activity with a person re- state and foreign commerce of carnivo- commercial traffic of these animals for rous wild cats, including lions, tigers, ferred to in this paragraph; or such purpose should be prohibited.’’ ‘‘(F) any person having custody of a wild leopards, cheetahs, and cougars. The This bill preserves those local regula- animal solely for the purpose of transporting legislation would not ban all private tions already in existence. Full bans the animal to a person referred to in this ownership of these prohibited species, are already in place in 12 States and paragraph. but would outlaw the commerce of partial bans have been enacted in 7 ‘‘(2) REGULATIONS.—Not later than 180 days these animals for use as pets. States. I sincerely hope that grass after the date of enactment of this sub- Current figures estimate that there roots organizations continue to encour- section, the Secretary, in consultation with are more than 5,000 tigers in captivity age State and local governments to ban the heads of other relevant Federal agencies, in the United States. In fact, there are the private ownership of exotic cats. shall promulgate regulations describing the more tigers in captivity in the United The Captive Wildlife Safety Act is persons or entities to which paragraph (1) ap- plies. States than there are in native habi- supported by the Association of Zoos ‘‘(3) STATE AUTHORITY.—Nothing in this tats throughout the range in Asia. and Aquariums, the Humane Society of subsection preempts or supersedes the au- While some tigers are kept in zoos, the United States, the Funds for Ani- thority of a State to regulate wildlife species most of these animals are kept as pets, mals, and the International Fund for within that State.’’. living in cages behind someone’s house, Animal Welfare. (b) APPLICATION.—Section 3(a)(2)(C) of the in a State that does not restrict pri- No one should be endangered by Lacey Act Amendments of 1981 (as added by vate ownership of dangerous animals. those who cannot properly keep these subsection (a)(1)(A)(iii)) shall apply begin- Tigers are not the only animals animals. Exotic cats in captivity ning on the effective date of regulations pro- sought as exotic pets. Today there are should be able to live humanely and mulgated under section 3(e)(2) of that Act (as more than 1,000 web sites that spe- healthfully. added by subsection (a)(2)). cialize in the trade of lions, cougars, I ask my colleagues to support this Mr. ENSIGN. Mr. President, today, I and leopards to promote them as do- legislation and look forward to work- am pleased to be joined by my distin- mestic pets. ing with our partners in the House to guished colleagues in introducing legis- Untrained owners are not capable of enact the Captive Wildlife Safety Act. lation that addresses the welfare of ex- meeting the needs of these animals. I ask unanimous consent that the otic animals throughout the country. Local veterinarians, animal shelters, text of the bill be printed in the Specifically, this bill prohibits the and local governments are ill equipped RECORD. interstate shipment of exotic animals; to meet the challenge of providing for There being no objection, the bill was namely lions, cheetahs, tigers, jaguars, their proper care. If they are to be kept ordered to be printed in the RECORD, as and leopards. Only zoos, circuses, sanc- follows: in captivity, these animals must be tuaries, universities, licensed breeders cared for by trained professionals who S. 269 and other Federal and State licensed Be it enacted by the Senate and House of Rep- facilities are exempted from this prohi- can meet their behavioral, nutrition, resentatives of the United States of America in and physical needs. Congress assembled, bition. People who live near these animals SECTION 1. SHORT TITLE. During my days as a practicing vet- are also in real danger. These cats are This Act may be cited as the ‘‘Captive erinarian, I saw firsthand exotic ani- large and powerful animals, capable of Wildlife Safety Act’’. mals mistreated by owners who were injuring or killing innocent people. SEC. 2. DEFINITION OF PROHIBITED WILDLIFE ill-prepared to care for them. All too SPECIES. There are countless stories of many un- Section 2 of the Lacey Act Amendments of often, large cats are put in cages that fortunate and unnecessary incidents 1981 (16 U.S.C. 3371) is amended— are too small to accommodate their where dangerous exotic cats have en- (1) by redesignating subsections (g) growing needs. Owners often buy a dangered public safety. Last year in through (j) as subsections (h) through (k), re- young tiger or cat, paying more atten- Lexington, TX, a three-year-old boy spectively; and tion to their cuddly exterior rather

VerDate Mar 15 2010 22:09 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00075 Fmt 0637 Sfmt 0634 E:\2003SENATE\S30JA3.REC S30JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1834 CONGRESSIONAL RECORD — SENATE January 30, 2003 than the overwhelming responsibility benefits, as well as the nearly 1 million 1980’s. During an economic crisis, un- that comes along with raising an ani- low-wage and part-time workers cur- employed workers have few opportuni- mal that will grow into a large, wild, rently not eligible for unemployment ties to rejoin a declining workforce. predator. benefits, and to increase benefit levels They depend on unemployment bene- In my home State of Nevada, there is to help keep families out of poverty fits to live. a burgeoning population of exotic ani- during periods of unemployment. Raising benefits will enable these mals being kept as pets. I have been Nationally, only about half of unem- workers to support their families and contacted by animal control centers ployed workers received unemploy- invest more in the economy. They im- throughout the State that are called to ment benefits last year. This number mediately spend their unemployment aid in situations where a wild tiger or has dropped precipitously since 1975 insurance benefits in their commu- lion has escaped and run amok. In when 75 percent of unemployed workers nities, and that spending will provide a these situations, not only are the own- received benefits. This increasingly se- needed, immediate stimulus to the ers and the animal control profes- rious problem is a result of laws imple- economy. In fact, every dollar spent on sionals in danger, so too are children mented in the 1980s to restrict eligi- unemployment benefits boosts the and other neighbors who may be in the bility for the unemployment insurance economy by $2.15. wrong place at the wrong time. These program. Because of these restrictions, The Economic Security Act of 2003 animals’ instinct is to attack, and they many of the unemployed workers who will provide Federal reimbursements will do so, if given the opportunity. do not receive benefits today are ex- for states which increase their weekly That is why only highly trained indi- cluded because they are part-time or unemployment checks by the greater viduals who have the know-how and low-wage workers. of 15 percent or $25 for 1 year. Under the resources should be able to own ex- In all but 12 States, low-wage work- this provision, the average recipient otic animals. ers are ineligible for benefits because will have an extra $135 a month. Unem- In fact, I am informed that officials their most recent earnings are not ployed households will use this amount in Nye County in my home State, are counted. As a result, many former wel- to help pay the rent, buy groceries, working to pass a county ordinance fare recipients—success stories who keep the family car running, or hire a that would ban the ownership of exotic have recently entered the workforce, babysitter during job interview. This animals because of the threat these have now lost their jobs because of the boost in unemployment benefits will animals pose to public safety. We have economic down-turn, but they are stimulate the economy and help these the support and backing of the Humane being denied the unemployment bene- laid-off workers support their families Society of the United States, the fits they deserve. Many minimum wage while they look for a new job. American Veterinary Medical Associa- workers, who work hard and play by State unemployment insurance ad- tion, and the American Zoo and Aquar- the rules and have not seen a raise in 6 ministrators often fall short of the ium Association. years, are also left behind. Those low- funds they need to administer benefits This legislation protects the public, income workers are now left without a efficiently and promptly, and to see but also ensures that the animals re- safety net. that all who are eligible receive their ceive the best care possible from cer- In addition, the majority of States do benefits. The Act provides $500 million tified and trained owners. I look for- not provide benefits to part-time work- to State Unemployment offices to off- ward to having the overwhelming sup- ers, despite the fact that part-time set the administrative expenses associ- port of my colleagues in the Senate. workers are an essential part of the ated with implementing the new cov- labor force. They now comprise nearly erage and benefit changes, and to pro- By Mr. KENNEDY (for himself, 20 percent of the workforce. Part-time vide better employment services to Mr. SMITH, Mr. DASCHLE, Mr. workers also represent a large share of workers receiving unemployment com- REED, Mr. DURBIN, Mr. SAR- the unemployed, one in five unem- pensation. BANES, Mrs. CLINTON, Ms. CANT- ployed workers today were working Congress cannot continue to ignore WELL, and Mr. ROCKEFELLER): part-time before they lost their jobs. the plight of millions of Americans S. 270. A bill to provide for additional Women now represent 70 percent of the hurt by economic forces beyond their weeks of temporary extended unem- part-time workforce, compared with 44 control. As we work together to get the ployment compensation, to provide for percent of full-time workers, and 17.5 economy moving again, we must also a program of temporary enhanced un- percent of part-time workers earn less work together to see that no one is left employment benefits, and for other than $15,000 a year. Despite their sig- behind. We have a responsibility to purposes; to the Committee on Fi- nificant labor force role, part-time give help and hope to these deserving nance. working adults are half as likely as Americans by strengthening unemploy- Mr. KENNEDY. Mr. President, Con- full-time workers to receive unemployment insurance to cover all unem- gress took an important step forward ment insurance benefits. Nationally, ployed workers, and I urge my col- for working families earlier this month only 12 percent of unemployed part- leagues to give high priority to this by providing unemployment benefits time workers receive unemployment needed reform. for nearly 3 million jobless Americans. benefits. These benefits are a lifeline for the Under the Economic Security Act, By Mr. SMITH (for himself, Mr. millions of workers who have lost their the Federal Government will reimburse CORZINE, Mr. SCHUMER, and Ms. jobs through no fault of their own, but States for 1 year for the cost of pro- SNOWE): as we all know, there is much more viding unemployment benefits to two S. 271. A bill to amend the Internal work to be done on this basic issue. categories of workers: 1. Those who Revenue Code of 1986 to allow an addi- One million workers have run out of would be eligible for regular unemploy- tional advance refunding of bonds their State and Federal benefits and re- ment compensation if their last com- originally issued to finance govern- main without jobs. Clearly, these pleted quarter of earnings is included mental facilities used for essential gov- workers deserve our help too. in their wage record, and 2. those seek- ernmental functions; to the Committee In fact, there is an additional cating part-time employment. on Finance. egory of workers who have not even re- The bill will also provide Federal Mr. SMITH. Mr. President, I rise ceived a dime of unemployment bene- funds to states to increase the level of today to introduce, with my friend and fits. They paid into the unemployment unemployment benefits. Sadly, these colleague, Senator CORZINE, the ‘‘Mu- insurance fund, and they lost their jobs benefits today are often not sufficient nicipal Debt Refinancing Act of 2003.’’ due to the failing economy, but they to meet basic needs such as paying the We are pleased to be joined by Senator have been left behind by the outdated rent or putting food on the table. In SCHUMER and Senator SNOWE in this bi- eligibility rules in our unemployment 2000, the average unemployment ben- partisan effort. This important legisla- laws. efit replaced only 33 percent of work- tion will allow States and localities ac- Today, I am introducing the Eco- ers’ lost income, a steep drop from the cess to low cost capital during this cur- nomic Security Act of 2003 to cover the 46 percent of wages replaced by benefits rent period of fiscal crisis, allowing cit- 1 million who have exhausted their during the recessions of the 1970’s and ies to take advantage of low interest

VerDate Mar 15 2010 22:09 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00076 Fmt 0637 Sfmt 0634 E:\2003SENATE\S30JA3.REC S30JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 30, 2003 CONGRESSIONAL RECORD — SENATE S1835 rates by permitting an additional ad- scale, this advance refunding is an in- quests to bring up the bill. The time vance refunding of most tax-exempt novative way the federal government has come to move this important re- governmental bonds. This bill provides can help cities and towns provide vital sources package forward to help those Oregon cities like Portland, Eugene or infrastructure and services for Orego- in need and to assist those charitable Salem, all of which issue municipal nians. I ask all my colleagues to join organizations walking alongside them bonds, with an increased ability to ease Senator CORZINE and me in sponsoring to restore families and communities. some of the budgetary constraints they this important legislation that will The CARE Act reflects America’s re- currently face. help municipalities across this Nation. newed spirit of unity, community and When interest rates fall, homeowners I ask unanimous consent to have this responsibility in the wake of the Sep- often seek to refinance their mortgages legislation printed in the RECORD. tember 11 terrorist attacks and the to reduce interest costs. Similarly, There being no objection, the bill was new challenges that have faced us since State and local governments take ad- ordered to be printed in the RECORD, as then. It is an important legislative vantage of low interest rates by refi- follows: package to encourage giving, saving, nancing outstanding high-cost debt. S. 271 and fairness which builds on the Presi- However, unlike homeowners who can Be it enacted by the Senate and House of Rep- dent’s Faith-Based and Community Ini- usually refinance at any time, munici- resentatives of the United States of America in tiative. This bipartisan consensus bill palities can only redeem existing debt Congress assembled, seeks to harness the potential of chari- on specific dates, known as call dates. SECTION 1. SHORT TITLE. table organizations in order to better If an issuer would benefit from a re- This Act may be cited as the ‘‘Municipal serve the most needy members of our funding transaction but the existing Debt Refinancing Act’’. society in partnership with govern- bonds are not currently eligible to be SEC. 2. ADDITIONAL ADVANCE REFUNDINGS OF ment efforts. A coalition of more than called, the issuer can still refinance by CERTAIN GOVERNMENTAL BONDS. 1,600 national and grassroots charitable executing an ‘‘advance refunding.’’ In (a) IN GENERAL.—Section 149(d)(3)(A)(i) of organizations helping those in need en- this case, the State or local govern- the Internal Revenue Code of 1986 (relating dorsed nearly similar legislation last to advance refundings of other bonds) is year. The bill offers incentives to indi- ment issues advance refunding bonds amended— and the proceeds of the new bonds are (1) by striking ‘‘or’’ at the end of subclause viduals and corporations to increase held in reserve to pay the interest and (I), charitable giving, rewards low-income principal on the old bonds until they (2) by adding ‘‘or’’ at the end of subclause citizens who choose to save, and insists become callable. (II), and on fairness for faith-based organiza- The Federal tax code prohibits tax- (3) by inserting after subclause (II) the fol- tions by leveling the playing field so exempt bond issuers from advance re- lowing: that non-governmental organizations funding most bonds more than once. ‘‘(III) the 2nd advance refunding of the involved in charitable activities may Therefore, if a bond has been advance original bond if the original bond was issued compete for government funds to pro- after 1985 or the 3rd advance refunding of the refunded once and interest rates fall to original bond if the original bond was issued vide social service delivery. the point where a State or local gov- before 1986, if, in either case, the refunding Throughout our country many social ernment would benefit from an addi- bond is issued before the date which is 2 entrepreneurs and community healers tional advance refunding, the issuer is years after the date of the enactment of this are making a difference in the lives of precluded from taking advantage of the subclause and the original bond was issued those who are struggling and in the lower rates. as part of an issue 90 percent or more of the neighborhoods and communities seek- Under current law, bonds originally net proceeds of which were used to finance ing to revive themselves in the face of issued after 1985 may only be advance governmental facilities used for 1 or more es- poverty, crime, failing schools, and un- refunded once. Bonds issued before 1986 sential governmental functions (within the employment. Many of these heroic in- meaning of section 141(c)(2)),’’. may be advance refunded twice. Sec- (b) EFFECTIVE DATE.—The amendments dividuals and organizations are also ond, most private activity bonds may made by this section shall apply to refunding motivated by faith. For example, more not be advance refunded. In the past, bonds issued on or after the date of the en- than 75 percent of the food banks Congress has considered amending Sec- actment of this Act. across our Nation have a religious af- tion 149 of the Code to allow an addi- filiation. tional advance refunding of bonds By Mr. SANTORUM (for himself, The CARE Act attempts to help with originally issued to finance govern- Mr. LIEBERMAN, Mr. GRASSLEY, the current challenges that charitable mental facilities used for ‘‘essential Mr. BAYH, Mr. HATCH, Ms. LAN- organizations are facing and expand government functions’’. DRIEU, Mr. SMITH, Mr. NELSON the base of private and governmental ‘‘Essential government functions,’’ as of Florida, Mr. TALENT, Mr. resources well into the future to better currently defined in tax regulations, LUGAR, Mr. FRIST, and Mr. MIL- help those in need such as the hungry, include facilities ‘‘owned by a govern- LER): the homeless, the addicted, the sick, mental person and that are available S. 272. A bill to provide incentives for at-risk children, and the elderly for use by the general public.’’ In prac- charitable contributions by individuals through a variety of tools and re- tice, such an approach would likely en- and businesses, to improve the public sources. The tremendous outpouring of compass most bonds issued to finance disclosure of activities of exempt orga- generosity by Americans after Sep- facilities owned by State or local gov- nizations, and to enhance the ability of tember 11 is to be celebrated. Yet the ernments. One way to limit the rev- low income Americans to gain finan- reality is that many needs remain enue cost of this proposal would be to cial security by building assets, and for unmet throughout the country as some impose a sunset on the expanded ad- other purposes; to the Committee on charitable giving has been redirected vance refunding authority. This would Finance. and other human needs have increased. also encourage municipal bond issuers Mr. SANTORUM. Mr. President, I Unfortunately, as a result of the tragic to take advantage of the additional ad- want to express support on behalf of events of September 11, a struggling vance refunding more immediately, The Charity Aid, Recovery and Em- stock market, and the recent recession, maximizing the proposal’s potential powerment, CARE, Act of 2003, which I numerous charitable organizations economic simulative effect. am introducing today with Senator have suffered financial losses, in some State and local access to capital at LIEBERMAN, Finance Committee Chair- cases, up to 20 percent or more. The the lowest possible cost is critical at man GRASSLEY, Senator BAYH, Major- bill seeks to expand the capacity of the this time and vital to Oregon’s long- ity Leader FRIST and other bipartisan voluntary and charitable sectors in term economic growth. Further, tax- cosponsors with the support of Presi- this country which is one of the great- exempt bonds fund a wide variety of dent Bush. The CARE Act was intro- est strengths and traditions of our capital infrastructure projects such as duced in the last Congress and was con- country. schools, roads and highways, bridges, sidered by the Senate Finance Com- The CARE Act seeks to address these water and sewer systems, airports, and mittee but was never debated on the needs through a number of expanded parks, among many others. As Oregon floor of the Senate because of repeated tax incentives. The bill restores a char- faces a fiscal crisis on such a large objections to unanimous consent re- itable tax deduction for the 84 million

VerDate Mar 15 2010 22:09 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00077 Fmt 0637 Sfmt 0634 E:\2003SENATE\S30JA3.REC S30JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1836 CONGRESSIONAL RECORD — SENATE January 30, 2003 Americans who do not itemize for a erences in founding documents. The STATEMENTS ON SUBMITTED maximum deduction of up to $250 for provision also makes clear that the RESOLUTIONS individual taxpayers and $500 for cou- mere fact that a faith-based provider ples for charitable giving beyond a base has not previously received govern- SENATE RESOLUTION 35—AUTHOR- level of $250 for individuals and $500 ment funding does not disqualify them couples. To encourage larger dona- IZING EXPENDITURES BY THE from consideration. tions, IRA holders will also be allowed COMMITTEE ON BANKING, HOUS- to make charitable contributions with- On the other hand, some critics on ING, AND URBAN AFFAIRS out tax penalties. Corporations and the right argue that the CARE Act will Mr. SHELBY submitted the following farmers will be offered tax deductions undermine the religious nature of resolution; from the Committee on for their donations of food to charity, faith-based organizations by restrict- Banking, Housing, and Urban Affairs; amounting to $1 billion dollars over 10 ing their abilities to promote religious which was referred to the Committee years in order to provide more food to values and by controlling the hiring on Rules and Administration: the needy rather than letting it go to ES process. But the moral integrity of S. R . 35 waste. A deduction is also provided for Resolved, That, in carrying out its powers, contributions of books to schools. faith-based organizations is protected duties, and functions under the Standing The CARE Act also attempts to nar- by the Act. Though the question of hir- Rules of the Senate, in accordance with its row the gap between the rich and the ing is not addressed in the bill, current jurisdiction under rule XXV of such rules, in- poor. Through Individual Development laws will continue to apply, the equal cluding holding hearings, reporting such Accounts, IDAs, low-income Americans treatment for non-governmental orga- hearings, and making investigations as authorized by paragraphs 1 and 8 of rule XXVI are encouraged to save and build assets nizations provision in the bill assures of the Standing Rules of the Senate, the and provided training in financial edu- that organizations which seek federal Committee on Banking, Housing, and Urban cation. These special savings accounts funds are not required to remove reli- Affairs is authorized from March 1, 2003 offer matching contributions from the gious symbols, change their names, or through September 30, 2003; October 1, 2003, sponsoring bank or community organi- though September 30, 2004; and October 1, change their governing structures to zation reimbursed through a Federal 2004, through February 28, 2005, in its discre- tax credit, on the condition that the qualify. Hence, faith-based organization (1) to make expenditures from the con- proceeds go to buying a home, starting tions can still adhere to the values and tingent fund of the Senate, (2) to employ personnel, and (3) with the prior consent of the a business or paying for post-secondary beliefs that motivate, make them unique, and reflect the diversity of Government department of agency con- education. Low-income Americans are cerned and the Committee on Rules and Ad- now being given the possibility of shar- America as they serve those in need. ministration, to use on a reimbursable or ing in the American dream. The provi- The initiative does not require faith- nonreimbursable basis the services of per- sion would provide for a phased-in based organizations to participate with sonnel of any such department or agency. 300,000 savings accounts for a national government funds in their efforts to SEC. 2. (a) The expenses of the committee for the period March 1, 2003, through Sep- demonstration. serve those in need, it merely gives The CARE Act helps small faith and tember 30, 2003, under this resolution shall them the option if they feel that doing not exceed $2,979,871 of which amount (1) not community-based organizations. so is consistent with their mission and to exceed $11,667 may be expended for the Through the Compassion Capital Fund, procurement of the services of individual it provides these community healers prevents the government for excluding qualified social services providers consultants, or organizations thereof (as au- with additional resources for technical thorized by section 202(i) of the Legislative assistance such as enabling incorpora- merely because they are faith-based in Reorganization Act of 1946, as amended), and tion, grant writing and accounting character. (2) not to exceed $496 may be expended for skills. It also allows social service The CARE Act is supported by both the training of the professional staff of such agencies with experience in admin- committee (under procedures specified by Democrats and Republicans. The time section 202(j) of the Legislative Reorganiza- istering government contracts to play has come to get this legislation on the tion Act of 1946). an intermediate role between govern- President’s desk as he has repeatedly (b) For the period of October 1, 2003, ment agencies and smaller charities. called for. The Senate Majority Leader, through September 30, 2004, expenses of the These provisions will help smaller committee under this resolution shall not TOM DASCHLE, wrote shortly after the faith-based charities to survive and to exceed $5,244,760 of which amount (1) not to grow into viable charitable organiza- bill’s introduction last year that ‘‘the exceed $20,000 may be expended for the pro- tions. The legislation also expands re- CARE Act is not a Republican or curement of the services of individual consultants, or organizations thereof (as author- sources through significant increases Democratic plan. it is a bipartisan proposal that strikes the right balance be- ized by section 202(i) of the Legislative Reor- in the Social Services Block Grant, ganization Act of 1946, as amended), and (2) SSBG, funds of more than $1.2 billion. tween harnessing the best forces of not to exceed $850 may be expended for the Despite the positive advantages of faith in our public life without infring- training of the professional staff of such the CARE Act, some are wary of the ing on the First Amendment . . . I look committee (under procedures specified by impact of its provisions. Some critics forward to working with President section 202(j) of the Legislative Reorganiza- tion Act of 1946). on the left argue that the provisions Bush and my congressional colleagues violate the Constitution by fusing (c) For the period of October 1, 2004, to get this proposal signed into law.’’ through February 28, 2005, expenses of the church and state because preferential The time has come for the Senate to committee under this resolution shall not treatment is given to religious groups. exceed $2,235,697 of which amount (1) not to This is false. Instead, the CARE Act pass this important legislation. The exceed $8,333 may be expended for the pro- gives religious charitable organizations Senate Finance Committee will take curement of the services of individual con- the opportunity to compete with sec- an important step next week when the sultants, or organizations thereof (as author- ular organizations for Federal funding legislation is considered in committee. ized by section 202(i) of the Legislative Reor- by strengthening the principle of non- The CARE Act advances our common ganization Act of 1946, as amended), and (2) discrimination against faith-based or- not to exceed $354 may be expended for the interest in turning the immense spirit training of the professional staff of such ganizations through the codification of of volunteerism and civic duty in our committee (under procedures specified by basic and commonsense equal treat- country toward building strong com- section 202(j) of the Legislative Reorganiza- ment protections. The proposed legisla- munities. The Act’s ultimate goal is to tion Act of 1946). tion creates a more level playing field SEC. 3. The committee shall report its find- help those most in need in our society, for faith-based charities by ensuring ings, together with such recommendations that they cannot be discriminated the poor, the hopeless and the des- for legislation as it deems advisable, to the against in applying for government titute. I thank my colleagues for their Senate at the earliest practicable date, but support and the many generous Ameri- not later than February 28, 2005. funds because of their religious nature SEC. 4. Expenses of the committee under by ensuring the right to maintain reli- cans working to transform lives and this resolution shall be paid from the contin- gious icons, religious names, religious improve communities for the difference gent fund of the Senate upon vouchers ap- governance criteria, and religious ref- that they make each day. proved by the chairman of the committee,

VerDate Mar 15 2010 22:09 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00078 Fmt 0637 Sfmt 0634 E:\2003SENATE\S30JA3.REC S30JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 30, 2003 CONGRESSIONAL RECORD — SENATE S1837 except that vouchers shall not be required (1) Office of the Sergeant at Arms and Door- (under procedures specified by section 202(j) for the disbursement of salaries of employees keeper, United States Senate, or (3) for the of the Legislative Reorganization Act of paid at an annual rate, or (2) for the pay- payment of stationery supplies purchased 1946). ment of telecommunications provided by the through the Keeper of the Stationery, United SEC. 3. The committee shall report its find- Office of the Sergeant at Arms and Door- States Senate, or (4) for payments to the ings, together with such recommendations keeper, United States Senate, or (3) for the Postmaster, United States Senate, or (5) for for legislation as it deems advisable, to the payment of stationery supplies purchased the payment of metered charges on copying Senate at the earliest practicable date, but through the Keeper of the Stationery, United equipment provided by the Office of the Ser- not later than February 28, 2004, and Feb- States Senate, or (4) for payments to the geant at Arms and Doorkeeper, United ruary 28, 2005, respectively. Postmaster, United States Senate, or (5) for States Senate, or (6) for the payment of Sen- SEC. 4. Expenses of the committee under the payment of metered charges on copying ate Recording and Photographic Services, or this resolution shall be paid from the contin- equipment provided by the Office of the Ser- (7) for payment of franked and mass mail gent fund of the Senate upon vouchers ap- geant at Arms and Doorkeeper, United costs by the Sergeant at Arms and Door- proved by the chairman of the committee, States Senate, or (6) for the payment of Sen- keeper, United States Senate. except that vouchers shall not be required (1) ate Recording and Photographic Services, or for the disbursement of salaries of employees (7) for payment of franked and mass mail SENATE RESOLUTION 37—AUTHOR- paid at an annual rate, or (2) for the pay- costs by the Sergeant at Arms and Door- IZING EXPENDITURES BY THE ment of telecommunications provided by the keeper, United States Senate. Office of the Sergeant at Arms and Door- SEC. 5. There are authorized such sums as COMMITTEE ON COMMERCE, keeper, United States Senate, or (3) for the may be necessary for agency contributions SCIENCE, AND TRANSPORTATION payment of stationery supplies purchased related to the compensation of employees of Mr. MCCAIN submitted the following through the Keeper of the Stationery, United the committee from March 1, 2003, through resolution; from the Committee on States Senate, or (4) for payments to the September 30, 2003; October 1, 2003, through Commerce, Science, and Transpor- Postmaster, United States Senate, or (5) for September 30, 2004; and October 1, 2004, the payment of metered charges on copying through February 28, 2005, to be paid from tation; which was referred to the Com- equipment provided by the Office of the Ser- the Appropriations account for ‘‘Expenses of mittee on Rules and Administration: geant at Arms and Doorkeeper, United Inquiries and Investigations.’’ S. RES. 37 States Senate, or (6) for the payment of Sen- Resolved, That, in carrying out its powers, ate Recording and Photographic Services, or SENATE RESOLUTION 36—AUTHOR- duties, and functions under the Standing (7) for payment of franked and mass mail IZING EXPENDITURES BY THE Rules of the Senate, in accordance with its costs by the Sergeant at Arms and Door- jurisdiction under rule XXV of such rules, in- keeper, United States Senate. COMMITTEE ON ENERGY AND SEC. 5. There are authorized such sums as NATURAL RESOURCES cluding holding hearings, reporting such hearings, and making investigations as au- may be necessary for agency contributions Mr. DOMENICI submitted the fol- thorized by paragraphs 1 and 8 of rule XXVI related to the compensation of employees of lowing resolution; from the Committee of the Standing Rules of the Senate, the the committee from March 1, 2003, through on Energy and Natural Resources; Committee on Commerce, Science, and September 30, 2003, October 1, 2003, through Transportation is authorized from March 1, September 30, 2004, and October 1, 2004, which was referred to the Committee through February 28, 2005, to be paid from on Rules and Administration. 2003, through September 30, 2003, October 1, 2003, through September 30, 2004, and October the Appropriations account for ‘‘Expenses of S. RES. 36 1, 2004, through February 28, 2005, in its dis- Inquiries and Investigations’’. Resolved, That, in carrying out its powers, cretion (1) to make expenditures from the duties, and functions under the Standing contingent fund of the Senate, (2) to employ SENATE RESOLUTION 38—AUTHOR- Rules of the Senate, in accordance with its personnel, and (3) with the prior consent of IZING EXPENDITURES BY THE jurisdiction under rule XXV of such rules, in- the Government department or agency con- SPECIAL COMMITTEE ON AGING cluding holding hearings, reporting such cerned and the Committee on Rules and Ad- hearings, and making investigations as au- ministration, to use on a reimbursable or Mr. CRAIG submitted the following thorized by paragraphs 1 and 8 of rule XXVI non-reimbursable basis the services of per- resolution; from the Special Com- of the Standing Rules of the Senate, the sonnel of any such department or agency. mittee on Aging; which was referred to Committee on Energy and Natural Resources SEC. 2. (a) The expenses of the committee the Committee on Rules and Adminis- is authorized from March 1, 2003, through for the period March 1, 2003, through Sep- tration: September 30, 2003, October 1, 2003, through tember 30, 2003, under this resolution shall September 30, 2004; and October 1, 2004, not exceed $3,227,950, of which amount (1) not S. RES. 38 through February 28, 2005, in its discretion to exceed $30,000 may be expended for the Resolved, That, in carrying out its powers, (1) to make expenditures from the contin- procurement of the services of individual duties, and functions under the Standing gent fund of the Senate, (2) to employ per- consultants, or organizations thereof (as au- Rules of the Senate, in accordance with its sonnel, and (3) with the prior consent of the thorized by section 202(i) of the Legislative jurisdiction under rule XXV of such Rules, Government department or agency con- Reorganization Act of 1946, as amended), and including holding hearings, reporting such cerned and the Committee on Rules and Ad- (2) not to exceed $20,000 may be expended for hearings, and making investigations as au- ministration, to use on a reimbursable or the training of the professional staff of such thorized by paragraphs 1 and 8 of rule XXVI non-reimbursable basis the services of per- committee (under procedures specified by of the Standing Rules of the Senate, the Spe- sonnel of any such department or agency. section 202(j) of the Legislative Reorganiza- cial Committee on Aging is authorized from SEC. 2(a). The expenses of the committee tion Act of 1946). March 1, 2003, through September 30, 2003; for the period March 1, 2003, through Sep- (b) For the period October 1, 2003, through October 1, 2003, through September 30, 2004; tember 30, 2003, under this resolution shall September 30, 2004, expenses of the com- and October 1, 2004, through February 28, not exceed $2,724,301. mittee under this resolution shall not exceed 2005, in its discretion (1) to make expendi- (b) For the period October 1, 2003, through $5,681,955, of which amount (1) not to exceed tures from the contingent fund of the Sen- September 30, 2004, expenses of the com- $30,000 may be expended for the procurement ate, (2) to employ personnel, and (3) with the mittee under this resolution shall not exceed of the services of individual consultants, or prior consent of the Government department $4,795,783. organizations thereof (as authorized by sec- or agency concerned and the Committee on (c) For the period October 1, 2004, through tion 202(i) of the Legislative Reorganization Rules and Administration, to use on a reim- February 28, 2005, expenses of the committee Act of 1946, as amended), and (2) not to ex- bursable or nonreimbursable basis the serv- under this resolution shall not exceed ceed $20,000 may be expended for the training ices of personnel of any such department or $2,044,614. of the professional staff of such committee agency. SEC. 3. The committee shall report its find- (under procedures specified by section 202(j) SEC. 2. (a) The expenses of the committee ings, together with such recommendations of the Legislative Reorganization Act of for the period March 1, 2003, through Sep- for legislation as it deems advisable, to the 1946). tember 30, 2003, under this resolution shall Senate at the earliest practicable date, but (c) For the period October 1, 2004, through not exceed $1,347,927, of which amount (1) not not later than February 28, 2003, respec- February 28, 2005, expenses of the committee to exceed $117,000 may be expended for the tively. under this resolution shall not exceed procurement of the services of individual SEC. 4. Expenses of the committee under $2,422,263, of which amount (1) not to exceed consultants, or organizations thereof (as au- this resolution shall be paid from the contin- $30,000 may be expended for the procurement thorized by section 202(i) of the Legislative gent fund of the Senate upon vouchers ap- of the services of individual consultants, or Reorganization Act of 1946), and (2) not to proved by the chairman of the committee, organizations thereof (as authorized by sec- exceed $5,000 may be expended for the train- except that vouchers shall not be required (1) tion 202(i) of the Legislative Reorganization ing of the professional staff of such com- for the disbursement of salaries of employees Act of 1946, as amended), and (2) not to ex- mittee (under procedures specified by section paid at an annual rate, or (2) for the pay- ceed $20,000 may be expended for the training 202(j) of the Legislative Reorganization Act ment of telecommunications provided by the of the professional staff of such committee of 1946).

VerDate Mar 15 2010 22:09 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00079 Fmt 0637 Sfmt 0634 E:\2003SENATE\S30JA3.REC S30JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1838 CONGRESSIONAL RECORD — SENATE January 30, 2003 (b) For the period October 1, 2003, through non-reimbursable basis the services of per- SENATE RESOLUTION 40—RE- September 30, 2004, expenses of the com- sonnel of any such department or agency. AFFIRMING CONGRESSIONAL mittee under this resolution shall not exceed SEC. 2(a). The expenses of the committee COMMITMENT TO TITLE IX OF $2,372,258, of which amount (1) not to exceed for the period March 1, 2003, through Sep- THE EDUCATION AMENDMENTS $200,000 may be expended for the procurement of the services of individual consult- tember 30, 2003, under this resolution shall OF 1972 AND ITS CRITICAL ROLE ants, or organizations thereof (as authorized not exceed $4,236,427, of which amount (1) not IN GUARANTEEING EQUAL EDU- by section 202(i) of the Legislative Reorga- to exceed $32,500 may be expended for the CATIONAL OPPORTUNITIES FOR nization Act of 1946), and (2) not to exceed procurement of the services of individual WOMEN AND GIRLS, PARTICU- $5,000 may be expended for the training of consultants, or organizations thereof (as au- LARLY WITH RESPECT TO the professional staff of such committee thorized by section 202(i) of the Legislative SCHOOL ATHLETICS (under procedures specified by section 202(j) Reorganization Act of 1946, as amended), and of the Legislative Reorganization Act of (2) not to exceed $25,000 may be expended for Mr. BIDEN submitted the following 1946). the training of the professional staff of such resolution; which was referred to the (c) For the period October 1, 2004, through committee (under procedures specified by Committee on Health, Education, February 28, 2005, expenses of the committee section 202(j) of the Legislative Reorganiza- Labor, and Pensions: under this resolution shall not exceed tion Act of 1946). $1,011,165, of which amount (1) not to exceed S. RES. 40 (b) For the period October 1, 2003, through $85,000 may be expended for the procurement Whereas in 1972, Congress enacted title IX September 30, 2004, expenses of the com- of the services of individual consultants, or of the Education Amendments of 1972 (re- mittee under this resolution shall not exceed organizations thereof (as authorized by sec- ferred to in this resolution as ‘‘title IX’’), the tion 202(i) of the Legislative Reorganization $7,457,494, of which amount (1) not to exceed Federal statute prohibiting sex discrimina- Act of 1946), and (2) not to exceed $5,000 may $32,500 may be expended for the procurement tion in education; be expended for the training of the profes- of the services of individual consultants, or Whereas title IX prohibits discrimination sional staff of such committee (under proce- organizations thereof (as authorized by sec- based on sex in 11 areas of education, includ- dures specified by section 202(j) of the Legis- tion 202(i) of the Legislative Reorganization ing admissions, financial aid, academic pro- lative Reorganization Act of 1946). Act of 1946, as amended), and (2) not to ex- grams, student services, classroom assign- SEC. 3. The committee shall report its find- ceed $25,000 may be expended for the training ments, vocational education, and athletics; ings, together with such recommendations of the professional staff of such committee Whereas since the passage of title IX, op- for legislation as it deems advisable, to the (under procedures specified by section 202(j) portunities for women and girls in organized Senate at the earliest practicable date, but of the Legislative Reorganization Act of sports have dramatically increased; not later than February 28, 2005, respec- 1946). Whereas the number of female college ath- tively. (c) For the period October 1, 2004, through letes has increased nearly 5-fold from fewer SEC. 4. Expenses of the committee under February 28, 2005, expenses of the committee than 32,000 prior to enactment of title IX to this resolution shall be paid from the contin- over 150,000 since enactment of title IX; under this resolution shall not exceed gent fund of the Senate upon vouchers ap- Whereas women currently constitute more $3,179,327, of which amount (1) not to exceed proved by the chairman of the committee, than 40 percent of all college athletes, com- except that vouchers shall not be required (1) $32,500 may be expended for the procurement pared with 15 percent in 1972; for the disbursement of salaries of employees of the services of individual consultants, or Whereas female athletes have higher grad- paid at an annual rate, or (2) for the pay- organizations thereof (as authorized by sec- uation rates than female nonathletes; ment of telecommunications provided by the tion 202(i) of the Legislative Reorganization Whereas a 2002 nationwide survey found Office of the Sergeant at Arms and Door- Act of 1946, as amended), and (2) not to ex- that 82 percent of women business executives keeper, United States Senate, or (3) for the ceed $25,000 may be expended for the training played organized sports after grammar payment of stationery supplies purchased of the professional staff of such committee school, including sports on school, intra- through the Keeper of the Stationery, United (under procedures specified by section 202(j) mural, or recreational teams; States Senate, or (4) for payments to the of the Legislative Reorganization Act of Whereas there has been a marked increase Postmaster, United States Senate, or (5) for 1946). in the number of female professional sports the payment of metered charges on copying and athletes since enactment of title IX; SEC. 3. The committee shall report its find- equipment provided by the Office of the Ser- Whereas at the high school level, almost ings, together with such recommendations geant at Arms and Doorkeeper, United 3,000,000 girls are playing competitive sports States Senate, or (6) for the payment of Sen- for legislation as it deems advisable, to the today, while fewer than 300,000 girls played ate Recording and Photographic Services, or Senate at the earliest practicable date, but competitive sports prior to the enactment of (7) for payment of franked and mass mail not later than February 28, 2004 and Feb- title IX; costs by the Sergeant at Arms and Door- ruary 28, 2005, respectively. Whereas today girls are entering high keeper, United States Senate. SEC. 4. Expenses of the committee under schools sports at almost twice the rate of this resolution shall be paid from the contin- boys, as evidenced by the fact that there SENATE RESOLUTION 39—AUTHOR- gent fund of the Senate upon vouchers ap- were 108,208 new female high school athletes IZING EXPENDITURES BY THE proved by the chairman of the committee, in 2000–2001 versus 59,230 new male athletes COMMITTEE ON HEALTH, EDU- except that vouchers shall not be required (1) in that year; CATION, LABOR, AND PENSIONS for the disbursement of salaries of employees Whereas girls’ participation in organized sports provides opportunities for leadership, paid at an annual rate, or (2) for the pay- Mr. GREGG submitted the following teamwork, and competition, contributes to ment of telecommunications provided by the positive body image and good health, and of- resolution; from the Committee on Office of the Sergeant at Arms and Door- Health, Education, Labor, and Pen- fers critical personal contact with adult role keeper, United States Senate, or (3) for the models; sions; which was referred to the Com- payment of stationery supplies purchased mittee on Rules and Administration: Whereas girls who participate in sports are through the Keeper of the Stationery, United less likely to take drugs, drink alcohol, S. RES. 39 States Senate, or (4) for payments to the smoke, or become pregnant than their non- Resolved, That, in carrying out its powers, Postmaster, United States Senate, or (5) for participating peers; duties, and functions under the Standing the payment of metered charges on copying Whereas female athletes often serve as role Rules of the Senate, in accordance with its equipment provided by the Office of the Ser- models both at school and within their com- jurisdiction under rule XXV of such rules, in- geant at Arms and Doorkeeper, United munities; cluding holding hearings, reporting such States Senate, or (6) for the payment of Sen- Whereas while the past successes of title hearings, and making investigations as au- ate Recording and Photographic Services, or IX are impressive, girls and women still need thorized by paragraphs 1 and 8 of rule XXVI (7) for payment of franked and mass mail the full protections of the Federal law; of the Standing Rules of the Senate, the costs by the Sergeant at Arms and Door- Whereas in schools that participate in Di- Committee on Health, Education, Labor, and keeper, United States Senate. vision I of the National Collegiate Athletic Pensions is authorized from March 1, 2003, Association (referred to in this resolution as through September 30, 2003; October 1, 2003, SEC. 5. There are authorized such sums as ‘‘Division I schools’’), women represent 53 through September 30, 2004; and October 1, may be necessary for agency contributions percent of the student body, but they receive 2004, through February 28, 2005, in its discre- related to the compensation of employees of only 43 percent of the total athletic scholar- tion (1) to make expenditures from the con- the committee from March 1, 2003, through ship dollars, 32 percent of the recruiting dol- tingent fund of the Senate, (2) to employ per- September 30, 2003, October 1, 2003 through lars, and 36 percent of the operating budget sonnel, and (3) with the prior consent of the September 30, 2004; and October 1, 2004 dollars; Government department or agency con- through February 28, 2005, to be paid from Whereas in 2000, at Division I schools, for cerned and the Committee on Rules and Ad- the Appropriations account for ‘‘Expenses of every $1 being spent on women’s sports, al- ministration, to use on a reimbursable or Inquiries and Investigations.’’ most $2 was being spent on men’s sports;

VerDate Mar 15 2010 22:09 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00080 Fmt 0637 Sfmt 0634 E:\2003SENATE\S30JA3.REC S30JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 30, 2003 CONGRESSIONAL RECORD — SENATE S1839 Whereas from 1992 to 1997, men’s athletic submit today a resolution that not Senate on 30, January 2003, at 10:00 operating budgets increased by 139 percent only recognizes the importance of Title a.m., to hold a hearing on The January while women’s athletic operating budgets in- IX and a continued need for Title IX 27 UNMOVIC and IAEA Reports to the creased by only 89 percent; protections, but also calls on the Ad- UN Security Council on Inspections in Whereas compliance with title IX does not require schools to eliminate men’s sports ministration to reject any changes Iraq. teams, nor does title IX impose strict weakening current regulations and in- The PRESIDING OFFICER. Without quotas; and terpretations of this very important objection, it is so ordered. Whereas all the Federal courts of appeals law. COMMITTEE ON HEALTH, EDUCATION, LABOR, that have considered the constitutionality of f AND PENSIONS title IX have upheld the regulations and re- AUTHORITY FOR COMMITTEES TO Mr. STEVENS. Mr. President, I ask quirements issued under title IX: Now, there- MEET fore, be it unanimous consent that the Com- Resolved, That the Senate— COMMITTEE ON ARMED SERVICES mittee on Health, Education, Labor, (1) reaffirms its commitment— Mr. STEVENS. Mr. President, I ask and Pensions be authorized to meet for (A) to ending all discrimination against unanimous consent that the committee a hearing on The Smallpox Vaccination women and girls in elementary, secondary, on Armed Services be authorized to Plan: Challenges and Next Steps during and higher education; and meet during the session of the Senate the session of the Senate on Thursday, (B) to equal opportunities for women and January 30, 2003, at 10:00 a.m. in SD– girl in athletics; on Thursday, January 30, 2003, at 9:30 (2) recognizes the continued importance of a.m., in open session to consider the 430. title IX in providing needed protections for nominations of the Honorable Paul The PRESIDING OFFICER. Without women and girls; McHale to be Assistant Secretary of objection, it is so ordered. (3) expresses its concern that rolling back Defense for homeland defense and Mr. COMMITTEE ON THE JUDICIARY title IX regulations and compliance require- Christopher Ryan Henry to be Deputy ments may jeopardize the extraordinary Mr. STEVENS. Mr. President, I ask under Secretary of Defense for Policy. unanimous consent that the Com- progress of women and girl athletes; and The PRESIDING OFFICER. Without (4) requests that the President maintain mittee on the Judiciary be authorized the integrity of title IX by rejecting any at- objection, it is so ordered. to meet to conduct a markup on Thurs- tempts to weaken current regulations and COMMITTEE ON BANKING, HOUSING, AND URBAN day, January 30, 2003 at 9:30 a.m. in interpretations. AFFAIRS Dirksen Room 226. Mr. BIDEN. Mr. President, this after- Mr. STEVENS. Mr. President, I ask unanimous consent that the Com- TENTATIVE AGENDA noon the President’s Commission on I. Nominations: Miguel Estrada to be a Opportunity in Athletics recommended mittee on Banking, Housing, and Urban Affairs be authorized to meet U.S. Circuit Court Judge for the D.C. circuit. changes to Title IX. While the changes II. Bills: S. 151, PROTECT Act [Hatch/ they proposed are not as sweeping as during the session of the Senate on Leahy]; S. 153, Identity Theft Penalty En- feared, by a tie vote they included in Thursday, January 30, 2003, at 10 a.m. hancement Act [Feinstein/Kyl/Grassley/Ses- their report a provision that could to conduct an Executive Session for sions]; S. 205, Iraqi Scientists Immigration weaken current compliance require- the purpose of approving the com- Act of 2003 [Biden/Lugar/Specter/Hatch/ ments for women and girls in sports. mittee budget and the committee Leahy]. While I commend the Commission for rules. III. Committee Resolution Honoring Beryl rejecting some of the more radical The PRESIDING OFFICER. Without Howell. changes considered, I would implore objection, it is so ordered. The PRESIDING OFFICER. Without President Bush and Secretary Paige to COMMITTEE ON COMMERCE, SCIENCE, AND objection, it is so ordered. TRANSPORTATION reject the notion of making any SPECIAL COMMITTEE ON AGING Mr. STEVENS. Mr. President, I ask changes that diminish the protections Mr. STEVENS. Mr. President, I ask unanimous consent that the Com- of Title IX, including the so called ‘‘50– unanimous consent that the Special 50’’ compliance provision. mittee on Commerce, Science, and Committee on Aging be authorized to As you know Title IX has had an Transportation be authorized to meet meet on Thursday, January 30, 2003 enormous influence on all aspects of on Thursday, January 30, 2003, at 9:30 from 2:30 p.m.–3:00 p.m. in Dirksen 430 education, but particularly in the a.m. on pending committee business. for the purpose of conducting an orga- realm of women’s and girls’ sports. Then, immediately following, a full nizational meeting. Since enactment the number of female committee hearing on Media Owner- college athletes has increased nearly ship: Radio. The PRESIDING OFFICER. Without five fold from fewer than 32,000 prior to The PRESIDING OFFICER. Without objection, it is so ordered. enactment to over 150,000 today. At the objection, it is so ordered. f high school level almost 3 million girls COMMITTEE ON FINANCE are playing competitive sports today Mr. STEVENS. Mr. President, I ask compared to fewer than 300,000 prior to unanimous consent that the Com- EXECUTIVE SESSION passage. But this isn’t just about the mittee on Finance be authorized to numbers. Girls who participate in meet during the session of the Senate sports are less likely to take drugs, on Thursday, January 30, 2003, at 10:00 EXECUTIVE CALENDAR drink alcohol, smoke or become preg- a.m., to hear testimony on U.S. Bor- nant than their non-participating ders: Safe or Sieve? Mr. FRIST. Mr. President, I ask peers. They are also more likely to The PRESIDING OFFICER. Without unanimous consent that the Senate graduate. Through their participation objection, it is so ordered. proceed to executive session to con- in sports, women and girls are provided COMMITTEE ON FINANCE sider the following nominations: Nos. opportunities for leadership, teamwork Mr. STEVENS. Mr. President, I ask 20, 24, 25, 26, 27, and all nominations on and competition, gain a more positive unanimous consent that the Com- the Secretary’s desk. body image, and are accorded contact mittee on Finance be authorized to I further ask unanimous consent that with adult role models in their commu- the nominations be confirmed, the mo- nities. And yet, even with gains and meet in open Executive Session during the session of the Senate on Thursday, tions to reconsider be laid upon the achievements, more needs to be done. table, the President be immediately In Division I schools women rep- January 30, 2003, at a time to be determined, to Report out the Nomination notified of the Senate’s actions, and resent 53 percent of the student body, any statements relating to the nomina- but receive only 43 percent of the total of John W. Snow to be Secretary of the tions be printed in the RECORD. athlete scholarship dollars, 32 percent United States Treasury. The PRESIDING OFFICER. Without of the recruiting dollars and 36 percent The PRESIDING OFFICER. Without objection, it is so ordered. of the operational budgets. And for objection, it is so ordered. every dollar at a Division I school COMMITTEE ON FOREIGN RELATIONS The nominations were considered and spent on women’s sports, almost two Mr. STEVENS. Mr. President, I ask confirmed as follows: dollars are spent on men’s sports. unanimous consent that the Com- DEPARTMENT OF THE TREASURY We’ve come a long way, but we mittee on Foreign Relations be author- John W. Snow, of Virginia, to be Secretary should not turn the clock back now. I ized to meet during the session of the of the Treasury.

VerDate Mar 15 2010 22:09 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00081 Fmt 0637 Sfmt 0634 E:\2003SENATE\S30JA3.REC S30JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1840 CONGRESSIONAL RECORD — SENATE January 30, 2003

AIR FORCE appeared in the Congressional Record of Jan- PN226 Air Force nominations (2) beginning The following Air National Guard of the uary 15, 2003 BENEDICT N. ANTONECCHIA, and ending United States officer for appointment in the PN205 Air Force nomination of Steven E. THOMAS S. TUCKER, which nominations Reserve of the Air Force to the grade indi- Ritter, which was received by the Senate and were received by the Senate and appeared in cated under title 10, U.S.C., section 12203: appeared in the Congressional Record of Jan- the Congressional Record of January 16, 2003. uary 15, 2003 PN227 Air Force nominations (2) beginning To be major general PN206 Air Force nominations (2) beginning BRITTA A. ANDERSON, and ending DEBO- Brig. Gen. William J. Lutz, 0000 MICHAEL L. A. HOLLAND, and ending RAH C. MESSECAR, which nominations The following named officer for appoint- PARIMAL R. * PATEL, which nominations were received by the Senate and appeared in ment in the United States Air Force to the were received by the Senate and appeared in the Congressional Record of January 16, 2003. grade indicated under title 10, U.S.C., section the Congressional Record of January 15, 2003 PN228 Air Force nominations (7) beginning 624: PN157 Air Force nomination of Anthony E. LEWIS A. BRANDES, and ending CHARLES Musella, Jr., which was received by the Sen- To be brigadier general A. WALDEN, which nominations were re- ate and appeared in the Congressional ceived by the Senate and appeared in the Col. Jarisse J. Sanborn, 0000 Record of January 9, 2003 Congressional Record of January 16, 2003. ARMY PN158 Air Force nomination of Steven B. PN230 Air Force nominations (17) begin- The following named officer for appoint- Wallis, which was received by the Senate and ning WALTER S. *ADAMS, and ending ment in the United States Army to the grade appeared in the Congressional Record of Jan- GEORGE T. *YOUSTRA, which nominations indicated while assigned to a position of im- uary 9, 2003 were received by the Senate and appeared in PN159 Air Force nominations (4) beginning portance and responsibility under title 10, the Congressional Record of January 16, 2003. SARA M. DEVINE, and ending MICHAEL H. U.S.C., section 601: PN231 Air Force nominations (51) begin- QUINN, which nominations were received by To be lieutenant general ning MICHAEL ALUKER, and ending SCOTT the Senate and appeared in the Congres- A. ZAKALUZNY, which nominations were Maj. Gen. Thomas F. Metz, 0000 sional Record of January 9, 2003 received by the Senate and appeared in the PN160 Air Force nominations (4) beginning NAVY Congressional Record of January 16, 2003 JAMES F. BARBER, and ending DONALD G. PN251 Air Force nomination of Margaret C. The following named officer for appoint- SMITH, which nominations were received by Gram, which was received by the Senate and ment in the United States Navy to the grade the Senate and appeared in the Congres- appeared in the Congressional Record of Jan- indicated while assigned to a position of im- sional Record of January 9, 2003. portance and responsibility under title 10, PN161 Air Force nominations (2) beginning uary 21, 2003 U.S.C., section 601: JOSEPH M. KOROLUK, and ending RICKY J. PN252 Air Force nomination of James V. To be vice admiral THOMPSON, which nominations were re- English, which was received by the Senate and appeared in the Congressional Record of Rear Adm. Albert T. Church, III, 0000 ceived by the Senate and appeared in the Congressional Record of January 9, 2003. January 21, 2003 NOMINATIONS PLACED ON THE SECRETARY’S PN162 Air Force nominations (8) beginning PN253 Air Force nominations (6) beginning DESK PATRICK W. BEHAN, and ending JAMIE L. JAMES C. BALSERAK, and ending MARTIN AIR FORCE SAIVES, which nominations were received E. SELLBERG, which nominations were re- PN176 Air Force nominations (21) begin- by the Senate and appeared in the Congres- ceived by the Senate and appeared in the ning FRANK W. * ALLARA, JR., and ending sional Record of January 9, 2003. Congressional Record of January 21, 2003 GLYNIS D. * WALLACE, which nominations PN163 Air Force nominations (6) beginning PN254 Air Force nomination of Timothy H. were received by the Senate and appeared in HOSSAM E. AHMED, and ending BRETT W. Lewis, which was received by the Senate and the Congressional Record of January 13, 2003 PERKINS, which nominations were received appeared in the Congressional Record of Jan- PN177 Air Force nominations (39) begin- by the Senate and appeared in the Congres- uary 21, 2003 ning NANCY M. ACAMPADO, and ending sional Record of January 9, 2003. PN255 Air Force nomination of Howard S. JAMES H. YAO, which nominations were re- PN164 Air Force nominations (13) begin- Loller, which was received by the Senate and ceived by the Senate and appeared in the ning ROBERT A. BAZYLAK, and ending appeared in the Congressional Record of Jan- Congressional Record of January 13, 2003 MARK S. SMYCZYNSKI, which nominations uary 21, 2003 PN178 Air Force nominations (123) begin- were received by the Senate and appeared in ARMY ning GREGORY A. * ABRAHAMIAN, and the Congressional Record of January 9, 2003. PN207 Army nominations (28) beginning ending GREGORY B. * YORK, which nomina- PN165 Air Force nominations (23) begin- SALLYE J ALLGOOD, and ending YVONNE tions were received by the Senate and ap- ning DEBORAH L. ASPLING, and ending L TUCKERHARRIS, which nominations were peared in the Congressional Record of Janu- CANDACE W. WOODHAM, which nomina- received by the Senate and appeared in the ary 13, 2003 tions were received by the Senate and ap- Congressional Record of January 15, 2003 PN179 Air Force nominations (337) begin- peared in the Congressional Record of Janu- PN209 Army nominations (6) beginning ning SAMEH G. ABUERREISH, and ending ary 9, 2003. LEONARD I. CANCIO, and ending KATH- PN166 Air Force nominations (156) begin- MICHELLE K. ZIMMERMAN, which nomina- LEEN S. ZURAWEL, which nominations ning ANDREW A. AKELMAN, and ending tions were received by the Senate and ap- were received by the Senate and appeared in STEVEN ZEBICH, which nominations were peared in the Congressional Record of Janu- the Congressional Record of January 15, 2003 received by the Senate and appeared in the ary 13, 2003 PN212 Army nominations (6) beginning Congressional Record of January 9, 2003. PN180 Air Force nominations (53) begin- PN167 Air Force nominations (10) begin- KATHLEEN W. CARR, and ending ROBERT ning JAMES L. * AGLER, JR., and ending ning MICHAEL L. BELL, and ending GLENN G. WEBB, which nominations were received BEVERLY A. WOODS, which nominations L. SPITZER, which nominations were re- by the Senate and appeared in the Congres- were received by the Senate and appeared in ceived by the Senate and appeared in the sional Record of January 15, 2003 the Congressional Record of January 13, 2003 Congressional Record of January 9, 2003. PN213 Army nominations (3) beginning PN183 Air Force nominations (61) begin- PN168 Air Force nominations (35) begin- KENNETH T. GAREAU, and ending PAOLA ning LAURA S. * BARCHICK, and ending ning ROOSEVELT ALLEN, JR., and ending M. OFLAHERTY, which nominations were DONALD E. * WITMYER, which nominations ARJEN L. VANDEVOORDE, which nomina- received by the Senate and appeared in the were received by the Senate and appeared in tions were received by the Senate and ap- Congressional Record of January 15, 2003 the Congressional Record of January 13, 2003 peared in the Congressional Record of Janu- PN214 Army nominations (2) beginning PN184 Air Force nominations (62) begin- ary 9, 2003. OLIN O. OEDEKOVEN, and ending MAT- ning WAYNE H. ALBRIGHT, and ending MI- PN169 Air Force nominations (83) begin- THEW D. URBANEK, which nominations CHAEL J. WILLIAMS, which nominations ning PETER A. BAUER, and ending CHRIS- were received by the Senate and appeared in were received by the Senate and appeared in TOPHER M. ZAHN, which nominations were the Congressional Record of January 15, 2003 the Congressional Record of January 13, 2003 received by the Senate and appeared in the PN171 Army nominations (20) beginning PN201 Air Force nomination of Richard L. Congressional Record of January 9, 2003. WILLIAM T. BARTO, and ending BRADLEY Sargent, which was received by the Senate PN170 Air Force nomination of RONALD P. STAI, which nominations were received and appeared in the Congressional Record of D. HARRIS, which was received by the Sen- by the Senate and appeared in the Congres- January 15, 2003 ate and appeared in the Congressional sional Record of January 9, 2003 PN202 Air Force nomination of Richard L. Record of January 9, 2003. PN232 Army nominations (23) beginning Neel, which was received by the Senate and PN224 Air Force nomination of DAVID G. PAUL A. BAKER, and ending FRANK E. appeared in the Congressional Record of Jan- YOUNG, III, which was received by the Sen- ZIEMKIEWICZ, which nominations were re- uary 15, 2003 ate and appeared in the Congressional ceived by the Senate and appeared in the PN203 Air Force nomination of Joel C. Record of January 16, 2003. Congressional Record of January 16, 2003 Carlson, which was received by the Senate PN225 Air Force nominations (2) beginning PN233 Army nominations (35) beginning and appeared in the Congressional Record of EDWARD D. PETERSON, and ending WIL- MICHAEL P BOEHMAN, and ending SCOTT January 15, 2003 LIAM M. ZIEGLER, which nominations were F YOUNG, which nominations were received PN204 Air Force nomination of Scott C. received by the Senate and appeared in the by the Senate and appeared in the Congres- Paul, which was received by the Senate and Congressional Record of January 16, 2003. sional Record of January 16, 2003

VerDate Mar 15 2010 22:09 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00082 Fmt 0637 Sfmt 0634 E:\2003SENATE\S30JA3.REC S30JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 30, 2003 CONGRESSIONAL RECORD — SENATE S1841 PN234 Army nominations (55) beginning PN240 Navy nomination of Evangeline D. allowed the nomination to move for- WHITE A* BAXTER, and ending JENNIFER Smith, which was received by the Senate and ward expeditiously. S* ZUCKER, which nominations were re- appeared in the Congressional Record of Jan- Why does this office matter so much? ceived by the Senate and appeared in the uary 16, 2003. Well, let’s take a look at the job de- Congressional Record of January 16, 2003 NOMINATION OF JOHN SNOW scription on the Treasury Web site. I PN256 Army nomination of John F. Nep- Mr. GRASSLEY. Mr. President, this tune, which was received by the Senate and quote: appeared in the Congressional Record of Jan- morning the Senate Finance Com- The Secretary of the Treasury is respon- uary 21, 2003 mittee completed our first piece of sible for formulating and recommending do- PN257 Army nomination of Charles E. business for the 108th Congress. The mestic and international financial, eco- Swallow, which was received by the Senate business before the committee today nomic, and tax policy, participating in the and appeared in the Congressional Record of was the nomination of John Snow to be formulation of broad fiscal policies that have January 21, 2003 Treasury Secretary. It is the matter general significance for the economy and PN258 Army nomination of Wayne C. managing the public debt. The Treasury Sec- that we should process as a full body retary oversees the activities of the Treas- Hollenbaugh, which was received by the Sen- today. The Treasury Secretary is, after ate and appeared in the Congressional ury Department in carrying out his major Record of January 21, 2003. the Vice President, perhaps the most law enforcement responsibilities; in serving PN259 Army nomination of Joseph T. important position in the President’s as the financial agent of the U.S. Govern- Hughes, which was received by the Senate Cabinet. ment; and in manufacturing coins and cur- and appeared in the Congressional Record of As I said at the nomination hearing 2 rency. January 21, 2003. days ago, the Finance Committee has a The chief financial officer of the Govern- PN260 Army nomination of Gregory T. bipartisan tradition of acting expedi- ment, the Secretary of the Treasury serves on the President’s National Economic Coun- Bramblett, which was received by the Senate tiously on this nomination. The reason and appeared in the Congressional Record of cil. He is also Chairman of the Boards and January 21, 2003. is the importance of this nomination in Managing Trustee of the Social Security and PN261 Army nomination of Allen C. the Nation’s economic policymaking. Medicare Trust Funds, Chairman of the Whitford, which was received by the Senate The evidence of this tradition can be Thrift Depositor Protection Oversight Board, and appeared in the Congressional Record of gleaned from committee records. Let’s and serves as U.S. Governor of the Inter- January 21, 2003. take a look at the recent history. For national Monetary Fund, the International Bank for Reconstruction and Development, MARINE CORPS the period covering the first Bush administration, the Clinton administra- the Inter-American Development Bank, the PN215 Marine Corps nomination of John A. African Development Bank, and the Euro- Manning, which was received by the Senate tion, and this Bush administration, pean Bank for Reconstruction and Develop- and appeared in the Congressional Record of this committee has kept the position of ment. January 15, 2003. Treasury Secretary filled in a virtually So, Mr. President, who has an inter- PN216 Marine Corps nomination of Michael seamless manner. E. Rodgers, which was received by the Sen- est in filling the gap I referred to ear- ate and appeared in the Congressional Let me emphasize that. For this first lier? The answer is: (i) any American Record of January 15, 2003. time in recent history, we have a sig- with an interest in economic growth, PN217 Marine Corps nomination of Samuel nificant vacancy in the Treasury De- (ii) any American senior receiving So- S. Scialabba, which was received by the Sen- partment. There has now been a gap in cial Security or Medicare, (iii) any ate and appeared in the Congressional service. That gap needs to be closed. As holders of thrift deposits, (iv) any in- Record of January 15, 2003. long as that vacancy remains, our mar- PN218 Marine Corps nominations (200) be- vestor holding a Treasury bond and (v) kets wonder, our global trading part- any worker or management person ginning DANIEL W. ALEXANDER, and end- ners speculate, and the President is de- ing JAN-HENDRICK C. ZURLIPPE, which with an international business. That is nominations were received by the Senate and nied his principal economic policy- just for starters. appeared in the Congressional Record of Jan- maker. This is not just any Cabinet position. uary 15, 2003. All Finance Committee Democrats The Treasury Department is the oldest PN235 Marine Corps nomination of Larry and Republicans, past and present, Department and it is no accident that A. Dickey, which was received by the Senate should be proud of our record in recent the Treasury Department is next door and appeared in the Congressional Record of history. It should surprise no one that to the White House. These important January 16, 2003. the committee has taken this responsi- PN236 Marine Corps nominations (651) be- responsibilities are the reason the Sen- ginning HARALD AAGAARD, and ending bility seriously. Whether we have diate has not dilly-dallied on this nomi- ROBERT C ZYLA, which nominations were vided government, or if one party con- nation. I thank my colleagues for their received by the Senate and appeared in the trols the Congress and the administra- cooperation in the confirmation of Congressional Record of January 16, 2003. tion, it does not matter. Much of the John Snow as Treasury Secretary. PN241 Marine Corps nomination of Daniel committee’s policy is tied to the Treas- Mr. BAUCUS. Mr. President, earlier P. Hudson, which was received by the Senate ury Department. It is a relationship today the Finance Committee approved and appeared in the Congressional Record of that has a history of seriousness, pro- January 21, 2003. the nomination of John Snow as the ductivity, and gravity. We all have an next Secretary of the Treasury. I NAVY interest in filling this important posi- thank my colleagues for this support of PN219 Navy nominations (4) beginning tion. the confirmation of Mr. Snow. FREDERICK J. ADAMS, III, and ending AN- I thank my ranking member and DREA G. NASHOLD, which nominations The confirmation process is never friend, Senator BAUCUS, for his assist- were received by the Senate and appeared in easy. Nor should it be, as it is part of the Congressional Record of January 15, 2003. ance. I also thank my Finance Com- the constitutional advice and consent PN220 Navy nomination of Ian G. McLeod, mittee colleagues for their coopera- function to review of the nominee’s ex- which was received by the Senate and ap- tion. perience, qualifications and suitability peared in the Congressional Record of Janu- Fortunately, over the same almost to serve in the position to which he or ary 15, 2003. 15-year period, the full Senate has re- she has been nominated. PN221 Navy nomination of Michael S. flected the Finance Committee’s seri- The Senate Finance Committee Moeller, which was received by the Senate ousness on this important nomination. asked Mr. Snow hundreds of questions and appeared in the Congressional Record of January 15, 2003. Again, over that period, under divided over a period of weeks. We sought his PN237 Navy nomination of Eric W. Herbert, government or one party control, we as views on tax policy, prescription drugs, which was received by the Senate and ap- 100 Senators, have not permitted a sig- and budget deficits. We asked about peared in the Congressional Record of Janu- nificant vacancy to occur in this crit- matters involving corporate govern- ary 16, 2003. ical position. Some of my colleagues ance and executive compensation. He PN238 Navy nomination of Jay R. Frohne, will recall Secretary O’Neill’s nomina- has responded to all of our questions. which was received by the Senate and ap- tion. Senator HELMS, who some on the The American people are anxious peared in the Congressional Record of Janu- other side called ‘‘Senator No,’’ had an about the flagging economy and the ary 16, 2003. PN239 Navy nomination of Adrian D. Tal- issue important in his State regarding prospect of war. With the future uncer- bot, which was received by the Senate and the Africa free trade bill. Senator tain, it is important for our country to appeared in the Congressional Record of Jan- HELMS recognized the critical nature of have a Treasury Secretary in place to uary 16, 2003. the Treasury Secretary’s position and help tackle the difficult challenges

VerDate Mar 15 2010 22:09 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00083 Fmt 0637 Sfmt 0634 E:\2003SENATE\S30JA3.REC S30JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1842 CONGRESSIONAL RECORD — SENATE January 30, 2003 ahead. The President has selected a who can convincingly and reasonably There being no objection, the Senate man who is well qualified. articulate the need for positive action. proceeded to consider the bill. I remain concerned about how we John Snow has been successful in Mr. HATCH. Mr. President, I rise to handle the upcoming debates about the business because he knows that a grow- address the serious matter of pay in- budget, taxes and healthcare. We need ing economy is one that enables every equity in the Federal judiciary. to get to work. But we need to work to- working man and woman to have an As things stand now, nearly every gether, in a bipartisan fashion, to ad- opportunity to benefit from their hard Federal employee will receive a cost of dress these important issues. I am com- work, their creativity and their inge- living adjustment during 2003—every mitted to working with the adminis- nuity. employee, that is, except Federal tration to try to find common ground. With his confirmation, all of America judges. This is because of a legislative The new Secretary shares this commit- will soon come to trust and rely on prescription that requires Congress to ment. I look forward to working with John Snow’s considerable knowledge authorize raises in the salaries of Fed- him. and experience as I and so many grate- eral judges. Although this COLA of Mr. ALLEN. Mr. President, I rise ful Virginians have over the years. roughly 3 percent may seem small and today in support of John Snow, a prov- inconsequential, it makes a significant f en leader with a reputation of a win- difference in light of the fact that Fed- ner, and President Bush’s nominee for UNANIMOUS CONSENT AGREE- eral judges earn far less than many, if U.S. Treasury Secretary. MENT—EXECUTIVE CALENDAR not most, of their counterparts in the John Snow is someone I know well Mr. FRIST. Mr. President, I further private sector. and a proud resident of the Common- ask unanimous consent that at 10 a.m. In his 2002 year-end report, Supreme wealth of Virginia. In nominating John on Tuesday, February 4, the Senate Court Chief Justice William Rehnquist Snow, President Bush has brilliantly proceed to executive session for the highlighted his concern that salaries of chosen the best person in America for consideration of Calendar No. 21, the Federal judges have not kept pace with the vital position of Secretary of the nomination of Miguel Estrada to the those of lawyers in private firms and in Treasury. There are few Americans U.S. Circuit Court for the DC Circuit. business. He observed, ‘‘Inadequate with the knowledge of diverse U.S. and The PRESIDING OFFICER. Without compensation seriously compromises international economies—manufac- objection, it is so ordered. the judicial independence fostered by turing, mining, automobile, electric, life tenure. That low salaries might agriculture—trade, transportation f force judges to return to the private modes—rail, ports, barges—and hands- LEGISLATIVE SESSION sector rather than stay on the bench on track record of creating jobs that risks affecting judicial performance— Mr. FRIST. Mr. President, I ask John has developed over the last three instead of serving for life, those judges unanimous consent that the Senate re- decades. John Snow is a man of posi- would serve the terms their finances turn to legislative session. tive action and the right person to help would allow, and they would worry The PRESIDING OFFICER. Without President Bush create greater job op- about what awaits them when they re- objection, it is so ordered. portunities for all Americans. He will turn to the private sector.’’ The Chief be a respected and articulate leader for f Rustic lamented, ‘‘Unless the 108th the principles of trusting people and AUTHORIZING SALARY ADJUST- Congress acts, judges will not even re- free enterprise to do what they do MENTS FOR JUSTICES AND ceive the cost-of-living adjustment best—create new and better jobs. JUDGES that nearly every other Federal em- His prior service in Federal Govern- ployee will receive during 2003.’’ He ment helps him as well. John Snow un- Mr. FRIST. Mr. President, I ask concluded by urging Congress and the derstands how government operates unanimous consent that the Senate President to ‘‘take up this issue early and how government can help or hinder proceed to the immediate consider- in the new year.’’ job growth. ation of Calendar No. 2, H.R. 16. Today, Mr. President, the Senate is I have known John and Carolyn Snow The PRESIDING OFFICER. The passing a bill that will allow Federal for many years, and have relied on clerk will state the bill by title. judges to receive the COLA that other John’s insight, experience and wisdom The legislative clerk read as follows: Federal employees are already slated often over those years. While I served A bill (H.R. 16) to authorize salary adjust- to receive this year. Although the larg- as Governor of Virginia, John gave ex- ments for Justices and judges of the United er issue of minimizing the gap between tensively of his time to help us shape a States for fiscal year 2003. Federal judicial salaries and private plan that successfully revived Vir- There being no objection, the Senate sector salaries still remains, this small ginia’s economy and resulted in the proceeded to consider the bill. step will resolve the salary inequity be- creation of a record number of new Mr. FRIST. Mr. President, I ask tween Federal judges and other Federal jobs. He continues to be a trusted ad- unanimous consent that the bill be employees. I thank my colleagues for viser on economic and transportation read the third time and passed, the mo- joining Senator LEAHY and me in sup- issues. tion to reconsider be laid upon the porting this bipartisan measure. When John came to Richmond in the table, and that any statements relating Mr. LEAHY. Mr. President, I am early 1980s, the city was still suffering to the bill be printed in the RECORD. pleased that the Senate is taking up the lingering consequences of the past, The PRESIDING OFFICER. Without and passing both the Senate and House and a very contentious period in the objection, it is so ordered. versions of legislation to authorize sal- 1970s. Richmond had just elected its f ary adjustments for Justices and first African-American mayor. During judges of the United States for fiscal this time, John stepped forward to help SALARY ADJUSTMENTS FOR year 2003. bridge the gap between the past and JUSTICES AND JUDGES Here in the Senate, Senator HATCH the future. He was a founding member Mr. FRIST. Mr. President, I ask and I were joined by Senator DEWINE of Richmond Renaissance, an organiza- unanimous consent that the Govern- and Senator SPECTER to cosponsor leg- tion dedicated to promoting racial mental Affairs Committee be dis- islation to authorize an increase in the equality in downtown Richmond. He charged from further consideration of salaries of Justices and judges of the was appointed by the new mayor to the S. 101, and that the Senate proceed to United States for the present fiscal city of Richmond school board. He be- its immediate consideration. year. House Judiciary Chairman SEN- came a member of the board of Vir- The PRESIDING OFFICER. Without SENBRENNER was joined by that com- ginia Union, a historically black col- objection, it is so ordered. mittee’s ranking Democratic member, lege in Richmond. The clerk will report the bill by title. Congressman CONYERS, and others to He is a Renaissance man—educated The legislative clerk read as follows: introduce identical legislation. in law and economics at the University A bill (S. 101) to authorize salary adjust- As a member of both the Senate Ju- of Virginia, government and business, ments for Justices and judges of the United diciary Committee and the Appropria- and a professor. A Renaissance man States for fiscal year 2003. tions Subcommittee on Commerce,

VerDate Mar 15 2010 22:09 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00084 Fmt 0637 Sfmt 0634 E:\2003SENATE\S30JA3.REC S30JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 30, 2003 CONGRESSIONAL RECORD — SENATE S1843 Justice, State and the Judiciary, I S. 101 ate completes its business today, it have worked hard to help preserve a Be it enacted by the Senate and House of Rep- stand in adjournment until 10 a.m. fair and independent judiciary. I am resentatives of the United States of America in Monday, February 3, for a pro forma disappointed that the Continuing Reso- Congress assembled, session only. I further ask that imme- lutions approved by Congress failed to SECTION 1. AUTHORIZATION OF SALARY ADJUST- diately following the convening on give the Federal judiciary a cost-of-liv- MENTS FOR FEDERAL JUSTICES AND Monday, the Senate then stand in ad- JUDGES. ing adjustment COLA for fiscal year Pursuant to section 140 of Public Law 97– journment until 9:30 a.m. on Tuesday, 2003. 92, Justices and judges of the United States February 4. I further ask consent that In 1975, Congress enacted the Execu- are authorized during fiscal year 2003 to re- on Tuesday, following the prayer and tive Salary Cost-of-Living Adjustment ceive a salary adjustment in accordance with the pledge, the morning hour be Act, intended to give judges, Members section 461 of title 28, United States Code. deemed to have expired, the Journal of of Congress and other high-ranking Ex- f the proceedings be approved to date, ecutive Branch officials automatic that the time for the two leaders be re- APPOINTMENTS COLAs as accorded other Federal em- served for their use later in the day, ployees unless rejected by Congress. In The PRESIDING OFFICER. The and that there then be a period of 1981, Congress enacted Section 140 of Chair, on behalf of the Vice President, morning business until 10 a.m., with Public Law 97–92, mandating specific pursuant to Public Law 94–304, as the time equally divided between the congressional action to give COLAs to amended by Public Law 99–7, appoints two leaders or their designees. judges. During the 21 years of Section the Senator from Colorado (Mr. CAMP- The PRESIDING OFFICER. Without 140’s existence, Congress has always ac- BELL) as Co-Chairman of the Commis- objection, it is so ordered. corded to the Federal judiciary co- sion on Security and Cooperation in f equal respect by suspending Section 140 Europe (Helsinki) during the 108th Con- PROGRAM whenever Congress has granted to gress. itself and other Federal employees a The PRESIDING OFFICER. The Mr. FRIST. Mr. President, for the in- COLA. With the end of the last Con- Chair, on behalf of the Vice President, formation of Senators, the Senate will gress, however, the continuing resolu- pursuant to Public Law 94–304, as reconvene for a pro forma session on tions providing funding failed to sus- amended by Public Law 99–7, appoints Monday. No business will be conducted pend Section 140, thus ensuring that no the following Senators to the Commis- during Monday’s session. The Senate COLA would be provided for Federal sion on Security and Cooperation in will then resume business on Tuesday judges during the current fiscal year, Europe during the 108th Congress: and begin consideration of the Estrada unless other action is taken. The Senator from Connecticut (Mr. nomination. I understand that some The bipartisan and bicameral legisla- DODD; the Senator from Florida, Mr. debate will be necessary on that judi- tion before us provides for a COLA for GRAHAM; the Senator from Wisconsin, cial nomination. Federal judges consistent with the law Mr. FEINGOLD; and the Senator from It is my hope that Members will be and with fairness. New York, Mrs. CLINTON. prepared to come to the floor and make Over the past year and one half as The PRESIDING OFFICER. The their presentations. I expect a full de- Judiciary Committee Chairman, I have Chair, on behalf of the Vice President, bate and it is my hope, and the chair- been honored to lead the Committee in pursuant to provisions of Public Law man’s hope, to reach a reasonable time holding hearings on 103 of President 107–202, announces the appointment of agreement on that nomination so that Bush’s judicial nominees, some of the following individuals as members we can schedule the vote accordingly. whom proved to be quite controversial of the Benjamin Franklin Tercente- Having said that, rollcall votes are pos- and divisive. Last year the Committee nary Commission: the Senator from sible during Tuesday’s session. voted on 102 nominees and reported 100 Pennsylvania, Mr. SPECTER, and Dr. f Dennis Wint of Pennsylvania. out of Committee favorably. The full ADJOURNMENT UNTIL MONDAY, The PRESIDING OFFICER. The Democratic-led Senate took the final FEBRUARY 3, 2003, AT 10 A.M. step of confirming 100 judges in just 17 Chair on behalf of the President of the months. This remarkable record com- Senate, and after consultation with the Mr. FRIST. Mr. President, if there is pares most favorably to the 38 judicial Democratic Leader, pursuant to Public no further business to come before the confirmations averaged per year during Law 106–286, appoints the following Senate, I ask unanimous consent that the 61⁄2 years when the Republicans pre- Members to serve on the Congres- the Senate stand in adjournment under viously controlled the Senate. In addi- sional-Executive Commission on the the previous order. tion, the 21st Century Department of People’s Republic of China: There being no objection, the Senate, Justice Appropriations Authorization The Senator from Montana, Mr. BAU- at 8:47 p.m., adjourned until Monday, Act we passed last Congress created or CUS; the Senator from Michigan, Mr. February 3, 2003, at 10 a.m. extended 20 Federal judgeships, more LEVIN; the Senator from California, f than were created during the 61⁄2 years Mrs. FEINSTEIN; and the Senator from CONFIRMATIONS that the Republican party controlled North Dakota, Mr. DORGAN. Executive nominations confirmed by the Senate. In his end of the year re- f the Senate January 30, 2003: port, the Chief Justice of the United READING OF WASHINGTON’S DEPARTMENT OF THE TREASURY States noted these accomplishments FAREWELL ADDRESS JOHN W. SNOW, OF VIRGINIA, TO BE SECRETARY OF and thanked the Senate for its actions. THE TREASURY. I appreciate his kind words. Mr. FRIST. Mr. President, I ask THE ABOVE NOMINATION WAS APPROVED SUBJECT TO I look forward to Senate passage of unanimous consent, notwithstanding THE NOMINEE’S COMMITMENT TO RESPOND TO RE- QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY the House and Senate bills to authorize the resolution of the Senate of January CONSTITUTED COMMITTEE OF THE SENATE. salary adjustments for Justices and 24, 1901, that on Monday, February 24, DEPARTMENT OF HOMELAND SECURITY judges of the United States for fiscal 2003, immediately following the prayer, GORDON ENGLAND, OF TEXAS, TO BE DEPUTY SEC- year 2003. I hope the President will the Pledge of Allegiance to the Flag, RETARY OF HOMELAND SECURITY. promptly sign our legislation into law. and the disposition of the Journal, the IN THE AIR FORCE Mr. FRIST. Mr. President, I ask traditional reading of the Washington’s THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED unanimous consent that the bill be Farewell Address take place. STATES OFFICER FOR APPOINTMENT IN THE RESERVE OF THE AIR FORCE TO THE GRADE INDICATED UNDER read the third time and passed, the mo- The PRESIDING OFFICER. Without TITLE 10, U.S.C., SECTION 12203: tion to reconsider be laid upon the objection, it is so ordered. To be major general table, and that any statements relating f BRIG. GEN. WILLIAM J. LUTZ to the bill be printed in the RECORD. ORDERS FOR MONDAY, FEBRUARY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT The PRESIDING OFFICER. Without IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- objection, it is so ordered. 3 AND TUESDAY, FEBRUARY 4, 2003 CATED UNDER TITLE 10, U.S.C., SECTION 624: The bill (S. 101) was read the third Mr. FRIST. Mr. President, I ask To be brigadier general time and passed, as follows: unanimous consent that when the Sen- COL. JARISSE J. SANBORN

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IN THE ARMY PEARED IN THE CONGRESSIONAL RECORD ON JANUARY NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- 13, 2003. PEARED IN THE CONGRESSIONAL RECORD ON JANUARY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AIR FORCE NOMINATIONS BEGINNING NANCY M. 21, 2003. IN THE UNITED STATES ARMY TO THE GRADE INDICATED ACAMPADO AND ENDING JAMES H. YAO, WHICH NOMINA- AIR FORCE NOMINATION OF TIMOTHY H. LEWIS. WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND TIONS WERE RECEIVED BY THE SENATE AND APPEARED AIR FORCE NOMINATION OF HOWARD S. LOLLER. RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: IN THE CONGRESSIONAL RECORD ON JANUARY 13, 2003. ARMY NOMINATIONS BEGINNING WILLIAM T. BARTO AIR FORCE NOMINATIONS BEGINNING GREGORY A. To be lieutenant general AND ENDING BRADLEY P. STAI, WHICH NOMINATIONS ABRAHAMIAN* AND ENDING GREGORY B. YORK*, WHICH WERE RECEIVED BY THE SENATE AND APPEARED IN THE NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- MAJ. GEN. THOMAS F. METZ CONGRESSIONAL RECORD ON JANUARY 9, 2003. PEARED IN THE CONGRESSIONAL RECORD ON JANUARY ARMY NOMINATIONS BEGINNING SALLYE J ALLGOOD 13, 2003. IN THE NAVY AND ENDING YVONNE L TUCKERHARRIS, WHICH NOMINA- AIR FORCE NOMINATIONS BEGINNING SAMEH G. TIONS WERE RECEIVED BY THE SENATE AND APPEARED THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ABUERREISH AND ENDING MICHELLE K. ZIMMERMAN, IN THE UNITED STATES NAVY TO THE GRADE INDICATED WHICH NOMINATIONS WERE RECEIVED BY THE SENATE IN THE CONGRESSIONAL RECORD ON JANUARY 15, 2003. WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND AND APPEARED IN THE CONGRESSIONAL RECORD ON ARMY NOMINATIONS BEGINNING LEONARD I. CANCIO RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: JANUARY 13, 2003. AND ENDING KATHLEEN S. ZURAWEL, WHICH NOMINA- AIR FORCE NOMINATIONS BEGINNING JAMES L. AGLER, TIONS WERE RECEIVED BY THE SENATE AND APPEARED To be vice admiral JR.* AND ENDING BEVERLY A. WOODS, WHICH NOMINA- IN THE CONGRESSIONAL RECORD ON JANUARY 15, 2003. ARMY NOMINATIONS BEGINNING KATHLEEN W. CARR REAR ADM. ALBERT T. CHURCH III TIONS WERE RECEIVED BY THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON JANUARY 13, 2003. AND ENDING ROBERT G. WEBB, WHICH NOMINATIONS AIR FORCE NOMINATION OF ANTHONY E. MUSELLA, JR. AIR FORCE NOMINATIONS BEGINNING LAURA S. WERE RECEIVED BY THE SENATE AND APPEARED IN THE AIR FORCE NOMINATION OF STEVEN B. WALLIS. BARCHICK* AND ENDING DONALD E. WITMYER*, WHICH CONGRESSIONAL RECORD ON JANUARY 15, 2003. AIR FORCE NOMINATIONS BEGINNING SARA M. DEVINE NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- ARMY NOMINATIONS BEGINNING KENNETH T. GAREAU AND ENDING MICHAEL H. QUINN, WHICH NOMINATIONS PEARED IN THE CONGRESSIONAL RECORD ON JANUARY AND ENDING PAOLA M. OFLAHERTY, WHICH NOMINA- WERE RECEIVED BY THE SENATE AND APPEARED IN THE 13, 2003. TIONS WERE RECEIVED BY THE SENATE AND APPEARED CONGRESSIONAL RECORD ON JANUARY 9, 2003. AIR FORCE NOMINATIONS BEGINNING WAYNE H. IN THE CONGRESSIONAL RECORD ON JANUARY 15, 2003. AIR FORCE NOMINATIONS BEGINNING JAMES F. BAR- ALBRIGHT AND ENDING MICHAEL J. WILLIAMS, WHICH ARMY NOMINATIONS BEGINNING OLIN O. OEDEKOVEN BER AND ENDING DONALD G. SMITH, WHICH NOMINA- NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- AND ENDING MATTHEW D. URBANEK, WHICH NOMINA- TIONS WERE RECEIVED BY THE SENATE AND APPEARED PEARED IN THE CONGRESSIONAL RECORD ON JANUARY TIONS WERE RECEIVED BY THE SENATE AND APPEARED 13, 2003. IN THE CONGRESSIONAL RECORD ON JANUARY 9, 2003. IN THE CONGRESSIONAL RECORD ON JANUARY 15, 2003. AIR FORCE NOMINATION OF RICHARD L. SARGENT. AIR FORCE NOMINATIONS BEGINNING JOSEPH M. ARMY NOMINATIONS BEGINNING PAUL A. BAKER AND AIR FORCE NOMINATION OF RICHARD L. NEEL. KOROLUK AND ENDING RICKY J. THOMPSON, WHICH ENDING FRANK E. ZIEMKIEWICZ, WHICH NOMINATIONS AIR FORCE NOMINATION OF JOEL C. CARLSON. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- WERE RECEIVED BY THE SENATE AND APPEARED IN THE PEARED IN THE CONGRESSIONAL RECORD ON JANUARY AIR FORCE NOMINATION OF SCOTT C. PAUL. AIR FORCE NOMINATION OF STEVEN E. RITTER. CONGRESSIONAL RECORD ON JANUARY 16, 2003. 9, 2003. ARMY NOMINATIONS BEGINNING MICHAEL P BOEHMAN AIR FORCE NOMINATIONS BEGINNING PATRICK W. AIR FORCE NOMINATIONS BEGINNING MICHAEL L. A. HOLLAND AND ENDING PARIMAL R. PATEL*, WHICH AND ENDING SCOTT F YOUNG, WHICH NOMINATIONS BEHAN AND ENDING JAMIE L. SAIVES, WHICH NOMINA- WERE RECEIVED BY THE SENATE AND APPEARED IN THE TIONS WERE RECEIVED BY THE SENATE AND APPEARED NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- CONGRESSIONAL RECORD ON JANUARY 16, 2003. IN THE CONGRESSIONAL RECORD ON JANUARY 9, 2003. PEARED IN THE CONGRESSIONAL RECORD ON JANUARY 15, 2003. ARMY NOMINATIONS BEGINNING WHITE A BAXTER* AIR FORCE NOMINATIONS BEGINNING HOSSAM E. AIR FORCE NOMINATION OF DAVID G. YOUNG III. AND ENDING JENNIFER S ZUCKER*, WHICH NOMINATIONS AHMED AND ENDING BRETT W. PERKINS, WHICH NOMINA- AIR FORCE NOMINATIONS BEGINNING EDWARD D. WERE RECEIVED BY THE SENATE AND APPEARED IN THE TIONS WERE RECEIVED BY THE SENATE AND APPEARED PETERSON AND ENDING WILLIAM M. ZIEGLER, WHICH CONGRESSIONAL RECORD ON JANUARY 16, 2003. IN THE CONGRESSIONAL RECORD ON JANUARY 9, 2003. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- ARMY NOMINATION OF JOHN F. NEPTUNE. AIR FORCE NOMINATIONS BEGINNING ROBERT A. PEARED IN THE CONGRESSIONAL RECORD ON JANUARY ARMY NOMINATION OF CHARLES E. SWALLOW. BAZYLAK AND ENDING MARK S. SMYCZYNSKI, WHICH 16, 2003. ARMY NOMINATION OF WAYNE C. HOLLENBAUGH. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- AIR FORCE NOMINATIONS BEGINNING BENEDICT N. ARMY NOMINATION OF JOSEPH T. HUGHES. PEARED IN THE CONGRESSIONAL RECORD ON JANUARY ANTONECCHIA AND ENDING THOMAS S. TUCKER, WHICH ARMY NOMINATION OF GREGORY T. BRAMBLETT. 9, 2003. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- AIR FORCE NOMINATIONS BEGINNING DEBORAH L. ARMY NOMINATION OF ALLEN C. WHITFORD. PEARED IN THE CONGRESSIONAL RECORD ON JANUARY MARINE CORPS NOMINATION OF JOHN A. MANNING. ASPLING AND ENDING CANDACE W. WOODHAM, WHICH 16, 2003. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- MARINE CORPS NOMINATION OF MICHAEL E. RODGERS. AIR FORCE NOMINATIONS BEGINNING BRITTA A. AN- MARINE CORPS NOMINATION OF SAMUEL S. PEARED IN THE CONGRESSIONAL RECORD ON JANUARY DERSON AND ENDING DEBORAH C. MESSECAR, WHICH 9, 2003. SCIALABBA. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- MARINE CORPS NOMINATIONS BEGINNING DANIEL W. AIR FORCE NOMINATIONS BEGINNING ANDREW A. PEARED IN THE CONGRESSIONAL RECORD ON JANUARY AKELMAN AND ENDING STEVEN ZEBICH, WHICH NOMINA- ALEXANDER AND ENDING JAN-HENDRIK C. ZURLIPPE, 16, 2003. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE TIONS WERE RECEIVED BY THE SENATE AND APPEARED AIR FORCE NOMINATIONS BEGINNING LEWIS A. AND APPEARED IN THE CONGRESSIONAL RECORD ON IN THE CONGRESSIONAL RECORD ON JANUARY 9, 2003. BRANDES AND ENDING CHARLES A. WALDEN, WHICH JANUARY 15, 2003. AIR FORCE NOMINATIONS BEGINNING MICHAEL L. BELL NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- MARINE CORPS NOMINATION OF LARRY A. DICKEY. AND ENDING GLENN L. SPITZER, WHICH NOMINATIONS PEARED IN THE CONGRESSIONAL RECORD ON JANUARY MARINE CORPS NOMINATIONS BEGINNING HARALD WERE RECEIVED BY THE SENATE AND APPEARED IN THE 16, 2003. AAGAARD AND ENDING ROBERT C ZYLA, WHICH NOMINA- CONGRESSIONAL RECORD ON JANUARY 9, 2003. AIR FORCE NOMINATIONS BEGINNING WALTER S. AIR FORCE NOMINATIONS BEGINNING ROOSEVELT ADAMS* AND ENDING GEORGE T. YOUSTRA*, WHICH TIONS WERE RECEIVED BY THE SENATE AND APPEARED ALLEN, JR., AND ENDING ARJEN L. VANDEVOORDE, NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- IN THE CONGRESSIONAL RECORD ON JANUARY 16, 2003. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE PEARED IN THE CONGRESSIONAL RECORD ON JANUARY MARINE CORPS NOMINATION OF DANIEL P. HUDSON. AND APPEARED IN THE CONGRESSIONAL RECORD ON 16, 2003. NAVY NOMINATIONS BEGINNING FREDERICK J. ADAMS JANUARY 9, 2003. AIR FORCE NOMINATIONS BEGINNING MICHAEL III AND ENDING ANDREA G. NASHOLD, WHICH NOMINA- AIR FORCE NOMINATIONS BEGINNING PETER A. BAUER ALUKER AND ENDING SCOTT A. ZAKALUZNY, WHICH TIONS WERE RECEIVED BY THE SENATE AND APPEARED AND ENDING CHRISTOPHER M. ZAHN, WHICH NOMINA- NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- IN THE CONGRESSIONAL RECORD ON JANUARY 15, 2003. TIONS WERE RECEIVED BY THE SENATE AND APPEARED PEARED IN THE CONGRESSIONAL RECORD ON JANUARY NAVY NOMINATION OF IAN G. MCLEOD. IN THE CONGRESSIONAL RECORD ON JANUARY 9, 2003. 16, 2003. NAVY NOMINATION OF MICHAEL S. MOELLER. AIR FORCE NOMINATION OF RONALD D. HARRIS. AIR FORCE NOMINATION OF MARGARET C. GRAM. NAVY NOMINATION OF ERIC W. HERBERT. AIR FORCE NOMINATIONS BEGINNING FRANK W. AIR FORCE NOMINATION OF JAMES V. ENGLISH. NAVY NOMINATION OF JAY R. FROHNE. ALLARA, JR.* AND ENDING GLYNIS D. WALLACE*, WHICH AIR FORCE NOMINATIONS BEGINNING JAMES C. NAVY NOMINATION OF ADRIAN D. TALBOT. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- BALSERAK AND ENDING MARTIN E. SELLBERG, WHICH NAVY NOMINATION OF EVANGELINE D. SMITH.

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